23 U.S.C. § 132 (2024) — Title 23: HIGHWAYS / Chapter 1: FEDERAL-AID HIGHWAYS / Section 132: Payments on Federal-aid projects undertaken by a Federal agency
Payments on Federal-aid projects undertaken by a Federal agency
Status: in_force

(a) In General.—In a case in which a proposed Federal-aid project is to be undertaken by a Federal agency in accordance with an agreement between a State and the Federal agency, the State may—

(1) direct the Secretary to transfer the funds for the Federal share of the project directly to the Federal agency; or

(2) make such deposit with, or payment to, the Federal agency as is required to meet the obligation of the State under the agreement for the work undertaken or to be undertaken by the Federal agency.

(b) Reimbursement.—On execution with a State of a project agreement described in subsection (a), the Secretary may reimburse the State, using any available funds, for the estimated Federal share under this title of the obligation of the State deposited or paid under subsection (a)(2).

(c) Recovery and Crediting of Funds.—Any sums reimbursed to the State under this section which may be in excess of the Federal pro rata share under the provisions of this title of the State's share of the cost as set forth in the approved final voucher submitted by the State shall be recovered and credited to the same class of funds from which the Federal payment under this section was made.

(Added Pub. L. 86–657, §4(a), July 14, 1960, 74 Stat. 522; amended Pub. L. 109–59, title I, §1119(b), Aug. 10, 2005, 119 Stat. 1182.)

Editorial Notes

Amendments

2005—Pub. L. 109–59 designated third sentence as subsec. (c), inserted heading, and substituted subsecs. (a) and (b) for first and second sentences which read as follows: "Where a proposed Federal-aid project is to be undertaken by a Federal agency pursuant to an agreement between a State and such Federal agency and the State makes a deposit with or payment to such Federal agency as may be required in fulfillment of the State's obligation under such agreement for the work undertaken or to be undertaken by such Federal agency, the Secretary, upon execution of a project agreement with such State for the proposed Federal-aid project, may reimburse the State out of the appropriate appropriations the estimated Federal share under the provisions of this title of the State's obligation so deposited or paid by such State. Upon completion of such project and its acceptance by the Secretary, an adjustment shall be made in such Federal share payable on account of such project based on the final cost thereof."
23 U.S.C. § 601 (2024) — Title 23: HIGHWAYS / Chapter 6: INFRASTRUCTURE FINANCE / Section 601: Generally applicable provisions
Generally applicable provisions
Status: in_force

(a) Definitions.—The following definitions apply to sections 601 through 609:

(1) Contingent commitment.—The term "contingent commitment" means a commitment to obligate an amount from future available budget authority that is—

(A) contingent on those funds being made available in law at a future date; and

(B) not an obligation of the Federal Government.

(2) Eligible project costs.—The term "eligible project costs" means amounts substantially all of which are paid by, or for the account of, an obligor in connection with a project, including the cost of—

(A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities;

(B) construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land relating to the project and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment;

(C) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction; and

(D) capitalizing a rural projects fund.

(3) Federal credit instrument.—The term "Federal credit instrument" means a secured loan, loan guarantee, or line of credit authorized to be made available under the TIFIA program with respect to a project.

(4) Investment-grade rating.—The term "investment-grade rating" means a rating of BBB minus, Baa3, bbb minus, BBB (low), or higher assigned by a rating agency to project obligations.

(5) Lender.—The term "lender" means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)), including—

(A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and

(B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer.

(6) Letter of interest.—The term "letter of interest" means a letter submitted by a potential applicant prior to an application for credit assistance in a format prescribed by the Secretary on the website of the TIFIA program that—

(A) describes the project and the location, purpose, and cost of the project;

(B) outlines the proposed financial plan, including the requested credit assistance and the proposed obligor;

(C) provides a status of environmental review; and

(D) provides information regarding satisfaction of other eligibility requirements of the TIFIA program.

(7) Line of credit.—The term "line of credit" means an agreement entered into by the Secretary with an obligor under section 604 to provide a direct loan at a future date upon the occurrence of certain events.

(8) Limited buydown.—The term "limited buydown" means, subject to the conditions described in section 603(b)(4)(C), a buydown of the interest rate by the obligor if the interest rate has increased between—

(A)(i) the date on which a project application acceptable to the Secretary is submitted; or

(ii) the date on which the Secretary entered into a master credit agreement; and

(B) the date on which the Secretary executes the Federal credit instrument.

(9) Loan guarantee.—The term "loan guarantee" means any guarantee or other pledge by the Secretary to pay all or part of the principal of and interest on a loan or other debt obligation issued by an obligor and funded by a lender.

(10) Master credit agreement.—The term "master credit agreement" means a conditional agreement to extend credit assistance for a program of related projects secured by a common security pledge covered under section 602(b)(2)(A) or for a single project covered under section 602(b)(2)(B) that does not provide for a current obligation of Federal funds, and that would—

(A) make contingent commitments of 1 or more secured loans or other Federal credit instruments at future dates, subject to—

(i) the availability of future funds being made available to carry out the TIFIA program; and

(ii) the satisfaction of all of the conditions for the provision of credit assistance under the TIFIA program, including section 603(b)(1);

(B) establish the maximum amounts and general terms and conditions of the secured loans or other Federal credit instruments;

(C) identify the 1 or more dedicated non-Federal revenue sources that will secure the repayment of the secured loans or secured Federal credit instruments;

(D) provide for the obligation of funds for the secured loans or secured Federal credit instruments after all requirements have been met for the projects subject to the master credit agreement, including—

(i) completion of an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(ii) receiving an investment grade rating from a rating agency;

(iii) compliance with such other requirements as are specified under the TIFIA program, including sections 602(c) and 603(b)(1); and

(iv) the availability of funds to carry out the TIFIA program; and

(E) require that contingent commitments result in a financial close and obligation of credit assistance not later than 5 years after the date of entry into the master credit agreement, or release of the commitment, unless otherwise extended by the Secretary.

(11) Obligor.—The term "obligor" means a party that—

(A) is primarily liable for payment of the principal of or interest on a Federal credit instrument; and

(B) may be a corporation, partnership, joint venture, trust, or governmental entity, agency, or instrumentality.

(12) Project.—The term "project" means—

(A) any surface transportation project eligible for Federal assistance under this title or chapter 53 of title 49;

(B) a project for an international bridge or tunnel for which an international entity authorized under Federal or State law is responsible;

(C) a project for intercity passenger bus or rail facilities and vehicles, including facilities and vehicles owned by the National Railroad Passenger Corporation and components of magnetic levitation transportation systems;

(D) a project that—

(i) is a project—

(I) for a public freight rail facility or a private facility providing public benefit for highway users by way of direct freight interchange between highway and rail carriers;

(II) for an intermodal freight transfer facility;

(III) for a means of access to a facility described in subclause (I) or (II);

(IV) for a service improvement for a facility described in subclause (I) or (II) (including a capital investment for an intelligent transportation system); or

(V) that comprises a series of projects described in subclauses (I) through (IV) with the common objective of improving the flow of goods;

(ii) may involve the combining of private and public sector funds, including investment of public funds in private sector facility improvements;

(iii) if located within the boundaries of a port terminal, includes only such surface transportation infrastructure modifications as are necessary to facilitate direct intermodal interchange, transfer, and access into and out of the port; and

(iv) is composed of related highway, surface transportation, transit, rail, or intermodal capital improvement projects eligible for assistance under this section in order to meet the eligible project cost threshold under section 602, by grouping related projects together for that purpose, subject to the condition that the credit assistance for the projects is secured by a common pledge;

(E) a project to improve or construct public infrastructure—

(i) that—

(I) is located within walking distance of, and accessible to, a fixed guideway transit facility, passenger rail station, intercity bus station, or intermodal facility, including a transportation, public utility, or capital project described in section 5302(4)(G)(v) 1 of title 49, and related infrastructure; or

(II) is a project for economic development, including commercial and residential development, and related infrastructure and activities—

(aa) that incorporates private investment;

(bb) that is physically or functionally related to a passenger rail station or multimodal station that includes rail service;

(cc) for which the project sponsor has a high probability of commencing the contracting process for construction by not later than 90 days after the date on which credit assistance under the TIFIA program is provided for the project; and

(dd) that has a high probability of reducing the need for financial assistance under any other Federal program for the relevant passenger rail station or service by increasing ridership, tenant lease payments, or other activities that generate revenue exceeding costs; and

(ii) for which, by not later than September 30, 2026, the Secretary has—

(I) received a letter of interest; and

(II) determined that the project is eligible for assistance;

(F) the capitalization of a rural projects fund;

(G) an eligible airport-related project (as defined in section 40117(a) of title 49) for which, not later than September 30, 2025, the Secretary has—

(i) received a letter of interest; and

(ii) determined that the project is eligible for assistance; and

(H) a project for the acquisition of plant and wildlife habitat pursuant to a conservation plan that—

(i) has been approved by the Secretary of the Interior pursuant to section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539); and

(ii) in the judgment of the Secretary, would mitigate the environmental impacts of transportation infrastructure projects otherwise eligible for assistance under this title.

(13) Project obligation.—The term "project obligation" means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project, other than a Federal credit instrument.

(14) Rating agency.—The term "rating agency" means a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as that term is defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).

(15) Rural infrastructure project.—The term "rural infrastructure project" means a surface transportation infrastructure project located in an area that is outside of an urbanized area with a population greater than 150,000 individuals, as determined by the Bureau of the Census.

(16) Rural projects fund.—The term "rural projects fund" means a fund—

(A) established by a State infrastructure bank in accordance with section 610(d)(4);

(B) capitalized with the proceeds of a secured loan made to the bank in accordance with sections 602 and 603; and

(C) for the purpose of making loans to sponsors of rural infrastructure projects in accordance with section 610.

(17) Secured loan.—The term "secured loan" means a direct loan or other debt obligation issued by an obligor and funded by the Secretary in connection with the financing of a project under section 603.

(18) State.—The term "State" has the meaning given the term in section 101.

(19) State infrastructure bank.—The term "State infrastructure bank" means an infrastructure bank established under section 610.

(20) Subsidy amount.—The term "subsidy amount" means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument—

(A) calculated on a net present value basis; and

(B) excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).

(21) Substantial completion.—The term "substantial completion" means—

(A) the opening of a project to vehicular or passenger traffic; or

(B) a comparable event, as determined by the Secretary and specified in the credit agreement.

(22) TIFIA program.—The term "TIFIA program" means the transportation infrastructure finance and innovation program of the Department established under sections 602 through 609.

(b) Treatment of Chapter.—For purposes of this title, this chapter shall be treated as being part of chapter 1.

(Added Pub. L. 105–178, title I, §1503(a), June 9, 1998, 112 Stat. 241, §181; renumbered §601 and amended Pub. L. 109–59, title I, §§1601(a), 1602(b)(1), (5), (d), Aug. 10, 2005, 119 Stat. 1239, 1246, 1247; Pub. L. 109–291, §4(b)(6), Sept. 29, 2006, 120 Stat. 1338; Pub. L. 110–244, title I, §101(r), June 6, 2008, 122 Stat. 1577; Pub. L. 112–141, div. A, title II, §2002, July 6, 2012, 126 Stat. 607; Pub. L. 114–94, div. A, title II, §2001(a), Dec. 4, 2015, 129 Stat. 1439; Pub. L. 117–58, div. A, title II, §12001(a), div. C, §30001(b)(1), Nov. 15, 2021, 135 Stat. 617, 890.)

Editorial Notes

References in Text

The Securities Act of 1933, referred to in subsec. (a)(5), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, which is classified generally to subchapter I (§77a et seq.) of chapter 2A of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 77a of Title 15 and Tables.

The Internal Revenue Code of 1986, referred to in subsec. (a)(5), is set out in Title 26, Internal Revenue Code.

The National Environmental Policy Act of 1969, referred to in subsec. (a)(10)(D)(i), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

The Federal Credit Reform Act of 1990, referred to in subsec. (a)(20)(B), is title V of Pub. L. 93–344, as added by Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–609, which is classified generally to subchapter III (§661 et seq.) of chapter 17A of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2 and Tables.

Amendments

2021—Subsec. (a)(10)(E). Pub. L. 117–58, §12001(a)(1), substituted "5 years" for "3 years".

Subsec. (a)(12)(E). Pub. L. 117–58, §30001(b)(1), substituted "section 5302(4)(G)(v)" for "section 5302(3)(G)(v)".

Pub. L. 117–58, §12001(a)(2)(A), added subpar. (E) and struck out former subpar. (E) which read as follows: "a project to improve or construct public infrastructure that is located within walking distance of, and accessible to, a fixed guideway transit facility, passenger rail station, intercity bus station, or intermodal facility, including a transportation, public utility, or capital project described in section 5302(3)(G)(v) of title 49, and related infrastructure; and".

Subsec. (a)(12)(G), (H). Pub. L. 117–58, §12001(a)(2)(B), (C), added subpars. (G) and (H).

2015—Subsec. (a). Pub. L. 114–94, §2001(a)(1), in introductory provisions, substituted "The" for "In this chapter, the" and inserted "to sections 601 through 609" after "apply".

Subsec. (a)(2)(D). Pub. L. 114–94, §2001(a)(2), added subpar. (D).

Subsec. (a)(3). Pub. L. 114–94, §2001(a)(3), substituted "the TIFIA program" for "this chapter".

Subsec. (a)(10). Pub. L. 114–94, §2001(a)(4)(A), inserted heading and introductory provisions and struck out former heading and introductory provisions. Prior to amendment, introductory provisions read as follows: "The term 'master credit agreement' means an agreement to extend credit assistance for a program of projects secured by a common security pledge (which shall receive an investment grade rating from a rating agency), or for a single project covered under section 602(b)(2) that would—".

Subsec. (a)(10)(A). Pub. L. 114–94, §2001(a)(4)(B), substituted "subject to—" for "subject to the availability of future funds being made available to carry out this chapter;" and added cls. (i) and (ii).

Subsec. (a)(10)(D)(ii). Pub. L. 114–94, §2001(a)(4)(C)(ii), added cl. (ii). Former cl. (ii) redesignated (iii).

Subsec. (a)(10)(D)(iii). Pub. L. 114–94, §2001(a)(4)(C)(i), (iii), redesignated cl. (ii) as (iii) and substituted "under the TIFIA program, including sections 602(c) and 603(b)(1)" for "in section 602(c)". Former cl. (iii) redesignated (iv).

Subsec. (a)(10)(D)(iv). Pub. L. 114–94, §2001(a)(4)(C)(i), (iv), redesignated cl. (iii) as (iv) and substituted "the TIFIA program" for "this chapter".

Subsec. (a)(12)(E), (F). Pub. L. 114–94, §2001(a)(5), added subpars. (E) and (F).

Subsec. (a)(15). Pub. L. 114–94, §2001(a)(6), substituted "means a surface transportation infrastructure project located in an area that is outside of an urbanized area with a population greater than 150,000 individuals, as determined by the Bureau of the Census." for "means a surface transportation infrastructure project located in any area other than a city with a population of more than 250,000 inhabitants within the city limits."

Subsec. (a)(16) to (22). Pub. L. 114–94, §2001(a)(7)–(10), added pars. (16) and (19), redesignated former pars. (16), (17), (18), (19), and (20) as pars. (17), (18), (20), (21), and (22), respectively, and inserted "established under sections 602 through 609" after "Department" in par. (22).

2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to generally applicable provisions.

2008—Subsec. (a)(3). Pub. L. 110–244 inserted "bbb minus, BBB (low)," after "Baa3,".

2006—Subsec. (a)(10). Pub. L. 109–291, which directed amendment of section 181(11) of this title by substituting "registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization, as that term is defined in section 3(a) of the Securities Exchange Act of 1934" for "identified by the Securities and Exchange Commission as a nationally recognized statistical rating organization", was executed to subsec. (a)(10) of this section by making the substitution for "identified by the Securities and Exchange Commission as a Nationally Recognized Statistical Rating Organization" to reflect the probable intent of Congress and the amendment by Pub. L. 109–59. See 2005 Amendment notes below.

2005—Pub. L. 109–59, §1602(d), renumbered section 181 of this title as this section.

Pub. L. 109–59, §1602(b)(1), (5), substituted "Generally applicable provisions" for "Definitions" in section catchline, designated existing provisions as subsec. (a), inserted heading, substituted "In this chapter" for "In this subchapter" in introductory provisions, "this chapter" for "this subchapter" in par. (2), "604" for "184" in par. (5), "603" for "183" in par. (11), and added subsec. (b).

Par (3). Pub. L. 109–59, §1601(a)(1), struck out "category" after "rating" and "offered into the capital markets" after "obligations".

Par. (7). Pub. L. 109–59, §1601(a)(2), redesignated par. (8) as (7) and struck out heading and text of former par. (7). Text read as follows: "The term 'local servicer' means—

"(A) a State infrastructure bank established under this title; or

"(B) a State or local government or any agency of a State or local government that is responsible for servicing a Federal credit instrument on behalf of the Secretary."

Par. (8). Pub. L. 109–59, §1601(a)(2), (3), redesignated par. (9) as (8), substituted semicolon for period at end of subpar. (B), added subpar. (D), and struck out former subpar. (D) which read as follows: "a project for publicly owned intermodal surface freight transfer facilities, other than seaports and airports, if the facilities are located on or adjacent to National Highway System routes or connections to the National Highway System." Former par. (8) redesignated (7).

Par. (9). Pub. L. 109–59, §1601(a)(2), redesignated par. (10) as (9). Former par. (9) redesignated (8).

Par. (10). Pub. L. 109–59, §1601(a)(2), (4), redesignated par. (11) as (10) and substituted "credit" for "bond". Former par. (10) redesignated (9).

Pars. (11) to (15). Pub. L. 109–59, §1601(a)(2), redesignated pars. (12) to (15) as (11) to (14), respectively. Former par. (11) redesignated (10).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 12001(a) of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Value for Money Analysis

Pub. L. 117–58, div. G, title VII, §70701, Nov. 15, 2021, 135 Stat. 1286, provided that:

"(a) In General.—Notwithstanding any other provision of law, in the case of a project described in subsection (b), the entity carrying out the project shall, during the planning and project development process and prior to signing any Project Development Agreement, conduct a value for money analysis or comparable analysis of the project, which shall include an evaluation of—

"(1) the life-cycle cost and project delivery schedule;

"(2) the costs of using public funding versus private financing for the project;

"(3) a description of the key assumptions made in developing the analysis, including—

"(A) an analysis of any Federal grants or loans and subsidies received or expected (including tax depreciation costs);

"(B) the key terms of the proposed public-private partnership agreement, if applicable (including the expected rate of return for private debt and equity), and major compensation events;

"(C) a discussion of the benefits and costs associated with the allocation of risk;

"(D) the determination of risk premiums assigned to various project delivery scenarios;

"(E) assumptions about use, demand, and any user fee revenue generated by the project; and

"(F) any externality benefits for the public generated by the project;

"(4) a forecast of user fees and other revenues expected to be generated by the project, if applicable; and

"(5) any other information the Secretary of Transportation determines to be appropriate.

"(b) Project Described.—A project referred to in subsection (a) is a transportation project—

"(1) with an estimated total cost of more than $750,000,000;

"(2) carried out—

"(A) by a public entity that is a State, territory, Indian Tribe, unit of local government, transit agency, port authority, metropolitan planning organization, airport authority, or other political subdivision of a State or local government; and

"(B) in a State in which there is in effect a State law authorizing the use and implementation of public-private partnerships for transportation projects; and

"(3)(A) that intends to submit a letter of interest, or has submitted a letter of interest after the date of enactment of this Act [Nov. 15, 2021], to be carried out with—

"(i) assistance under the TIFIA [Transportation Infrastructure Finance and Innovation Act of 1998, Pub. L. 105–178] program under chapter 6 of title 23, United States Code; or

"(ii) assistance under the Railroad Rehabilitation and Improvement Financing Program of the Federal Railroad Administration established under chapter 224 of title 49, United States Code; and

"(B) that is anticipated to generate user fees or other revenues that could support the capital and operating costs of such project.

"(c) Reporting Requirements.—

"(1) Project reports.—For each project described in subsection (b), the entity carrying out the project shall—

"(A) include the results of the analysis under subsection (a) on the website of the project; and

"(B) submit the results of the analysis to the Build America Bureau and the Secretary of Transportation.

"(2) Report to congress.—The Secretary of Transportation, in coordination with the Build America Bureau, shall, not later than 2 years after the date of enactment of this Act—

"(A) compile the analyses submitted under paragraph (1)(B); and

"(B) submit to Congress a report that—

"(i) includes the analyses submitted under paragraph (1)(B);

"(ii) describes—

     "(I) the use of private financing for projects described in subsection (b); and

     "(II) the costs and benefits of conducting a value for money analysis; and

"(iii) identifies best practices for private financing of projects described in subsection (b).

"(d) Guidance.—The Secretary of Transportation, in coordination with the Build America Bureau, shall issue guidance on performance benchmarks, risk premiums, and expected rates of return on private financing for projects described in subsection (b)."

Regional Infrastructure Accelerator Demonstration Program

Pub. L. 114–94, div. A, title I, §1441, Dec. 4, 2015, 129 Stat. 1435, provided that:

"(a) In General.—The Secretary [of Transportation] shall establish a regional infrastructure demonstration program (referred to in this section as the 'program') to assist entities in developing improved infrastructure priorities and financing strategies for the accelerated development of a project that is eligible for funding under the TIFIA program under chapter 6 of title 23, United States Code.

"(b) Designation of Regional Infrastructure Accelerators.—In carrying out the program, the Secretary may designate regional infrastructure accelerators that will—

"(1) serve a defined geographic area; and

"(2) act as a resource in the geographic area to qualified entities in accordance with this section.

"(c) Application.—To be eligible for a designation under subsection (b), a proposed regional infrastructure accelerator shall submit to the Secretary a proposal at such time, in such manner, and containing such information as the Secretary may require.

"(d) Criteria.—In evaluating a proposal submitted under subsection (c), the Secretary shall consider—

"(1) the need for geographic diversity among regional infrastructure accelerators; and

"(2) the ability of the proposal to promote investment in covered infrastructure projects, which shall include a plan—

"(A) to evaluate and promote innovative financing methods for local projects, including the use of the TIFIA program under chapter 6 of title 23, United States Code;

"(B) to build capacity of State, local, and tribal governments to evaluate and structure projects involving the investment of private capital;

"(C) to provide technical assistance and information on best practices with respect to financing the projects;

"(D) to increase transparency with respect to infrastructure project analysis and using innovative financing for public infrastructure projects;

"(E) to deploy predevelopment capital programs designed to facilitate the creation of a pipeline of infrastructure projects available for investment;

"(F) to bundle smaller-scale and rural projects into larger proposals that may be more attractive for investment; and

"(G) to reduce transaction costs for public project sponsors.

"(e) Annual Report.—Not less frequently than once each year, the Secretary shall submit to Congress a report that describes the findings and effectiveness of the program.

"(f) Authorization of Appropriations.—There is authorized to be appropriated to carry out the program $12,000,000, of which the Secretary shall use—

"(1) $11,750,000 for initial grants to regional infrastructure accelerators under subsection (b); and

"(2) $250,000 for administrative costs of carrying out the program."

Congressional Findings

Pub. L. 105–178, title I, §1502, June 9, 1998, 112 Stat. 241, provided that: "Congress finds that—

"(1) a well-developed system of transportation infrastructure is critical to the economic well-being, health, and welfare of the people of the United States;

"(2) traditional public funding techniques such as grant programs are unable to keep pace with the infrastructure investment needs of the United States because of budgetary constraints at the Federal, State, and local levels of government;

"(3) major transportation infrastructure facilities that address critical national needs, such as intermodal facilities, border crossings, and multistate trade corridors, are of a scale that exceeds the capacity of Federal and State assistance programs in effect on the date of enactment of this Act [June 9, 1998];

"(4) new investment capital can be attracted to infrastructure projects that are capable of generating their own revenue streams through user charges or other dedicated funding sources; and

"(5) a Federal credit program for projects of national significance can complement existing funding resources by filling market gaps, thereby leveraging substantial private co-investment."

State Infrastructure Bank Pilot Programs

Pub. L. 105–178, title I, §1511, June 9, 1998, 112 Stat. 251, as amended by Pub. L. 107–117, div. B, §1108, Jan. 10, 2002, 115 Stat. 2332, provided that:

"(a) Definitions.—In this section:

"(1) Other assistance.—The term 'other assistance' includes any use of funds in an infrastructure bank—

"(A) to provide credit enhancements;

"(B) to serve as a capital reserve for bond or debt instrument financing;

"(C) to subsidize interest rates;

"(D) to ensure the issuance of letters of credit and credit instruments;

"(E) to finance purchase and lease agreements with respect to transit projects;

"(F) to provide bond or debt financing instrument security; and

"(G) to provide other forms of debt financing and methods of leveraging funds that are approved by the Secretary and that relate to the project with respect to which the assistance is being provided.

"(2) State.—The term 'State' has the meaning given the term under section 401 of title 23, United States Code.

"(b) Cooperative Agreements.—

"(1) In general.—

"(A) Purpose of agreements.—Subject to this section, the Secretary may enter into cooperative agreements with the States of California, Florida, Missouri, and [sic] Rhode Island, and Texas for the establishment of State infrastructure banks and multistate infrastructure banks for making loans and providing other assistance to public and private entities carrying out or proposing to carry out projects eligible for assistance under this section, provided that Texas may not compete for funds previously allocated or appropriated to any other State.

"(B) Contents of agreements.—Each cooperative agreement shall specify procedures and guidelines for establishing, operating, and providing assistance from the infrastructure bank.

"(2) Interstate compacts.—If 2 or more States enter into a cooperative agreement under paragraph (1) with the Secretary for the establishment of a multistate infrastructure bank, Congress grants consent to those States to enter into an interstate compact establishing the bank in accordance with this section.

"(c) Funding.—

"(1) Contribution.—Notwithstanding any other provision of law, the Secretary may allow, subject to subsection (h)(1), a State that enters into a cooperative agreement under this section to contribute to the infrastructure bank established by the State not to exceed—

"(A)(i) the total amount of funds apportioned to the State under each of [former] paragraphs (1), (3), and (4) of section 104(b) and [former] section 144 of title 23, United States Code, excluding funds set aside under paragraphs (1) and (2) of [former] section 133(d) of such title; and

"(ii) the total amount of funds allocated to the State under [former] section 105 of such title;

"(B) the total amount of funds made available to the State or other Federal transit grant recipient for capital projects (as defined in section 5302 of title 49, United States Code) under sections 5307, 5309, and 5311 of such title; and

"(C) the total amount of funds made available to the State under subtitle V of title 49, United States Code.

"(2) Capitalization grant.—For the purposes of this section, Federal funds contributed to the infrastructure bank under this subsection shall constitute a capitalization grant for the infrastructure bank.

"(3) Special rule for urbanized areas of over 200,000.—Funds that are apportioned or allocated to a State under [former] section 104(b)(3) of title 23, United States Code, and attributed to urbanized areas of a State with a population of over 200,000 individuals under [former] section 133(d)(2) of such title may be used to provide assistance from an infrastructure bank under this section with respect to a project only if the metropolitan planning organization designated for the area concurs, in writing, with the provision of the assistance.

"(d) Forms of Assistance From Infrastructure Banks.—

"(1) In general.—An infrastructure bank established under this section may make loans or provide other assistance to a public or private entity in an amount equal to all or part of the cost of carrying out a project eligible for assistance under this section.

"(2) Subordination of loans.—The amount of any loan or other assistance provided for the project may be subordinated to any other debt financing for the project.

"(3) Initial assistance.—Initial assistance provided with respect to a project from Federal funds contributed to an infrastructure bank under this section shall not be made in the form of a grant.

"(e) Qualifying Projects.—

"(1) In general.—Subject to paragraph (2), funds in an infrastructure bank established under this section may be used only to provide assistance with respect to projects eligible for assistance under title 23, United States Code, for capital projects (as defined in section 5302 of title 49, United States Code), or for any other project related to surface transportation that the Secretary determines to be appropriate.

"(2) Interstate funds.—Funds contributed to an infrastructure bank from funds apportioned to a State under [former] section 104(b)(4) of title 23, United States Code, may be used only to provide assistance with respect to projects eligible for assistance under such paragraph.

"(3) Rail program funds.—Funds contributed to an infrastructure bank from funds made available to a State under subtitle V of title 49, United States Code, shall be used in a manner consistent with any project description specified under the law making the funds available to the State.

"(f) Infrastructure Bank Requirements.—

"(1) In general.—Subject to paragraph (2), in order to establish an infrastructure bank under this section, each State establishing such a bank shall—

"(A) contribute, at a minimum, to the bank from non-Federal sources an amount equal to 25 percent of the amount of each capitalization grant made to the State and contributed to the bank under subsection (c), except that if the State has a higher Federal share payable under section 120(b) of title 23, United States Code, the State shall be required to contribute only an amount commensurate with the higher Federal share;

"(B) ensure that the bank maintains on a continuing basis an investment grade rating on its debt issuances and its ability to pay claims under credit enhancement programs of the bank;

"(C) ensure that investment income generated by funds contributed to the bank will be—

"(i) credited to the bank;

"(ii) available for use in providing loans and other assistance to projects eligible for assistance from the bank; and

"(iii) invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of projects assisted by the bank;

"(D) ensure that any loan from the bank will bear interest at or below market rates, as determined by the State, to make the project that is the subject of the loan feasible;

"(E) ensure that repayment of the loan from the bank will commence not later than 5 years after the project has been completed or, in the case of a highway project, the facility has opened to traffic, whichever is later;

"(F) ensure that the term for repaying any loan will not exceed the lesser of—

"(i) 35 years after the date of the first payment on the loan under subparagraph (E); or

"(ii) the useful life of the investment; and

"(G) require the bank to make a biennial report to the Secretary and to make such other reports as the Secretary may require in guidelines.

"(2) Waivers by the secretary.—The Secretary may waive a requirement of any of subparagraphs (C) through (G) of paragraph (1) with respect to an infrastructure bank if the Secretary determines that the waiver is consistent with the objectives of this section.

"(g) Limitation on Repayments.—Notwithstanding any other provision of law, the repayment of a loan or other assistance provided from an infrastructure bank under this section may not be credited toward the non-Federal share of the cost of any project.

"(h) Secretarial Requirements.—In administering this section, the Secretary shall—

"(1) ensure that Federal disbursements shall be at an annual rate of not more than 20 percent of the amount designated by the State for State infrastructure bank capitalization under subsection (c)(1), except that the Secretary may disburse funds to a State in an amount needed to finance a specific project; and

"(2) revise cooperative agreements entered into with States under section 350 of the National Highway System Designation Act of 1995 (Public Law 104–59 [set out below]) to comply with this section.

"(i) Applicability of Federal Law.—

"(1) In general.—The requirements of titles 23 and 49, United States Code, that would otherwise apply to funds made available under such title and projects assisted with those funds shall apply to—

"(A) funds made available under such title and contributed to an infrastructure bank established under this section, including the non-Federal contribution required under subsection (f); and

"(B) projects assisted by the bank through the use of the funds;

except to the extent that the Secretary determines that any requirement of such title (other than sections 113 and 114 of title 23 and section 5333 of title 49), is not consistent with the objectives of this section.

"(2) Repayments.—The requirements of titles 23 and 49, United States Code, shall apply to repayments from non-Federal sources to an infrastructure bank from projects assisted by the bank. Such a repayment shall be considered to be Federal funds.

"(j) United States Not Obligated.—

"(1) In general.—The contribution of Federal funds to an infrastructure bank established under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party. No third party shall have any right against the United States for payment solely by virtue of the contribution.

"(2) Statement.—Any security or debt financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States.

"(k) Management of Federal Funds.—Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds contributed under this section.

"(l) Program Administration.—

"(1) In general.—A State may expend not to exceed 2 percent of the Federal funds contributed to an infrastructure bank established by the State under this section to pay the reasonable costs of administering the bank.

"(2) Non-federal funds.—The limitation described in paragraph (1) shall not apply to non-Federal funds."

Pub. L. 104–59, title III, §350, Nov. 28, 1995, 109 Stat. 618, provided that:

"(a) In General.—

"(1) Cooperative agreements.—Subject to the provisions of this section, the Secretary [of Transportation] may enter into cooperative agreements with not to exceed 10 States for the establishment of State infrastructure banks and multistate infrastructure banks for making loans and providing other assistance to public and private entities carrying out or proposing to carry out projects eligible for assistance under this section.

"(2) Interstate compacts.—Congress grants consent to 2 or more of the States, entering into a cooperative agreement under paragraph (1) with the Secretary for the establishment of a multistate infrastructure bank, to enter into an interstate compact establishing such bank in accordance with this section.

"(b) Funding.—

"(1) Separate accounts.—An infrastructure bank established under this section shall maintain a separate highway account for Federal funds contributed to the bank under paragraph (2) and a separate transit account for Federal funds contributed to the bank under paragraph (3). No Federal funds contributed or credited to an account of an infrastructure bank established under this section may be commingled with Federal funds contributed or credited to any other account of such bank.

"(2) Highway account.—Notwithstanding any other provision of law, the Secretary may allow, subject to subsection (g)(1), a State entering into a cooperative agreement under this section to contribute not to exceed—

"(A) 10 percent of the funds apportioned to the State for each of fiscal years 1996 and 1997 under each of [former] sections 104(b)(1), 104(b)(3), 104(b)(5)(B), 144, and 160 of title 23, United States Code, and section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991 [Pub. L. 102–240, former 23 U.S.C. 104 note]; and

"(B) 10 percent of the funds allocated to the State for each of such fiscal years under each of [former] section 157 of such title and section 1013(c) of such Act [former 23 U.S.C. 157 note];

into the highway account of the infrastructure bank established by the State. Federal funds contributed to such account under this paragraph shall constitute for purposes of this section a capitalization grant for the highway account of the infrastructure bank.

"(3) Transit account.—Notwithstanding any other provision of law, the Secretary may allow, subject to subsection (g)(1), a State entering into a cooperative agreement under this section, and any other Federal transit grant recipient, to contribute not to exceed 10 percent of the funds made available to the State or other Federal transit grant recipient in each of fiscal years 1996 and 1997 for capital projects under sections 5307, 5309, and 5311 of title 49, United States Code, into the transit account of the infrastructure bank established by the State. Federal funds contributed to such account under this paragraph shall constitute for purposes of this section a capitalization grant for the transit account of the infrastructure bank.

"(4) Special rule for urbanized areas of over 200,000.—Funds that are apportioned or allocated to a State under [former] section 104(b)(3) or 160 of title 23, United States Code, or under section 1013(c) or 1015 of the Intermodal Surface Transportation Efficiency Act of 1991 [Pub. L. 102–240, former 23 U.S.C. 157 note, former 104 note] and attributed to urbanized areas of a State with an urbanized population of over 200,000 under [former] section 133(d)(3) of such title may be used to provide assistance with respect to a project only if the metropolitan planning organization designated for such area concurs, in writing, with the provision of such assistance.

"(c) Forms of Assistance From Infrastructure Banks.—An infrastructure bank established under this section may make loans or provide other assistance to a public or private entity in an amount equal to all or part of the cost of carrying out a project eligible for assistance under this section. The amount of any loan or other assistance provided for such project may be subordinated to any other debt financing for the project. Initial assistance provided with respect to a project from Federal funds contributed to an infrastructure bank under this section may not be made in the form of a grant.

"(d) Qualifying Projects.—Federal funds in the highway account of an infrastructure bank established under this section may be used only to provide assistance with respect to construction of Federal-aid highways. Federal funds in the transit account of such bank may be used only to provide assistance with respect to capital projects.

"(e) Infrastructure Bank Requirements.—In order to establish an infrastructure bank under this section, each State establishing the bank shall—

"(1) contribute, at a minimum, in each account of the bank from non-Federal sources an amount equal to 25 percent of the amount of each capitalization grant made to the State and contributed to the bank; except that if the contribution is into the highway account of the bank and the State has a lower non-Federal share under section 120(b) of title 23, United States Code, such percentage shall be adjusted by the Secretary to correspond with such lower non-Federal share;

"(2) ensure that the bank maintains on a continuing basis an investment grade rating on its debt issuances or has a sufficient level of bond or debt financing instrument insurance to maintain the viability of the bank;

"(3) ensure that investment income generated by funds contributed to an account of the bank will be—

"(A) credited to the account;

"(B) available for use in providing loans and other assistance to projects eligible for assistance from the account; and

"(C) invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of projects assisted by the bank;

"(4) provide that the repayment of a loan or other assistance from an account of the bank under this section shall be consistent with the repayment provisions of [former] section 129(a)(7) of title 23, United States Code, except to the extent the Secretary determines that such provisions are not consistent with this section;

"(5) ensure that any loan from the bank will bear interest at or below market interest rates, as determined by the State, to make the project that is the subject of the loan feasible;

"(6) ensure that repayment of any loan from the bank will commence not later than 5 years after the project has been completed or, in the case of a highway project, the facility has opened to traffic, whichever is later;

"(7) ensure that the term for repaying any loan will not exceed 30 years after the date of the first payment on the loan under paragraph (6); and

"(8) require the bank to make an annual report to the Secretary on its status no later than September 30, 1996, and September 30, 1997, and to make such other reports as the Secretary may require by guidelines.

"(f) Limitation on Repayments.—Notwithstanding any other provision of law, the repayment of a loan or other assistance provided from an infrastructure bank under this section may not be credited towards the non-Federal share of the cost of any project.

"(g) Secretarial Requirements.—In administering this section, the Secretary shall—

"(1) ensure that Federal disbursements shall be at a rate consistent with historic rates for the Federal-aid highway program and the Federal transit program, respectively;

"(2) issue guidelines to ensure that all requirements of title 23, United States Code, or title 49, United States Code, that would otherwise apply to funds made available under such title and projects assisted with such funds apply to—

"(A) funds made available under such title and contributed to an infrastructure bank established under this section; and

"(B) projects assisted by the bank through the use of such funds;

except to the extent that the Secretary determines that any requirement of such title is not consistent with the objectives of this section; and

"(3) specify procedures and guidelines for establishing, operating, and providing assistance from the bank.

"(h) United States Not Obligated.—The contribution of Federal funds into an infrastructure bank established under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States.

"(i) Management of Federal Funds.—Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds contributed under this section.

"(j) Program Administration.—For each of fiscal years 1996 and 1997, a State may expend not to exceed 2 percent of the Federal funds contributed to an infrastructure bank established by the State under this section to pay the reasonable costs of administering the bank.

"(k) Secretarial Review.—The Secretary shall review the financial condition of each infrastructure bank established under this section and transmit to Congress a report on the results of such review not later than March 1, 1997. In addition, the report shall contain—

"(1) an evaluation of the pilot program conducted under this section and the ability of such program to increase public investment and attract non-Federal capital; and

"(2) recommendations of the Secretary as to whether the program should be expanded or made a part of the Federal-aid highway and transit programs.

"(l) Definitions.—In this section, the following definitions apply:

"(1) Capital project.—The term 'capital project' has the meaning such term has under section 5302 of title 49, United States Code.

"(2) Construction; federal-aid highway.—The terms 'construction' and 'Federal-aid highway' have the meanings such terms have under section 101 of title 23, United States Code.

"(3) Other assistance.—The term 'other assistance' includes any use of funds in an infrastructure bank—

"(A) to provide credit enhancements;

"(B) to serve as a capital reserve for bond or debt instrument financing;

"(C) to subsidize interest rates;

"(D) to ensure the issuance of letters of credit and credit instruments;

"(E) to finance purchase and lease agreements with respect to transit projects;

"(F) to provide bond or debt financing instrument security; and

"(G) to provide other forms of debt financing and methods of leveraging funds that are approved by the Secretary and that relate to the project with respect to which such assistance is being provided.

"(4) State.—The term 'State' has the meaning such term has under section 101 of title 23, United States Code."

1 So in original. Probably should be "section 5302(4)(G)(vi)".
23 U.S.C. § 150 (2024) — Title 23: HIGHWAYS / Chapter 1: FEDERAL-AID HIGHWAYS / Section 150: National goals and performance management measures
National goals and performance management measures
Status: in_force

(a) Declaration of Policy.—Performance management will transform the Federal-aid highway program and provide a means to the most efficient investment of Federal transportation funds by refocusing on national transportation goals, increasing the accountability and transparency of the Federal-aid highway program, and improving project decisionmaking through performance-based planning and programming.

(b) National Goals.—It is in the interest of the United States to focus the Federal-aid highway program on the following national goals:

(1) Safety.—To achieve a significant reduction in traffic fatalities and serious injuries on all public roads.

(2) Infrastructure condition.—To maintain the highway infrastructure asset system in a state of good repair.

(3) Congestion reduction.—To achieve a significant reduction in congestion on the National Highway System.

(4) System reliability.—To improve the efficiency of the surface transportation system.

(5) Freight movement and economic vitality.—To improve the National Highway Freight Network, strengthen the ability of rural communities to access national and international trade markets, and support regional economic development.

(6) Environmental sustainability.—To enhance the performance of the transportation system while protecting and enhancing the natural environment.

(7) Reduced project delivery delays.—To reduce project costs, promote jobs and the economy, and expedite the movement of people and goods by accelerating project completion through eliminating delays in the project development and delivery process, including reducing regulatory burdens and improving agencies' work practices.

(c) Establishment of Performance Measures.—

(1) In general.—Not later than 18 months after the date of enactment of the MAP–21, the Secretary, in consultation with State departments of transportation, metropolitan planning organizations, and other stakeholders, shall promulgate a rulemaking that establishes performance measures and standards.

(2) Administration.—In carrying out paragraph (1), the Secretary shall—

(A) provide States, metropolitan planning organizations, and other stakeholders not less than 90 days to comment on any regulation proposed by the Secretary under that paragraph;

(B) take into consideration any comments relating to a proposed regulation received during that comment period; and

(C) limit performance measures only to those described in this subsection.

(3) National highway performance program.—

(A) In general.—Subject to subparagraph (B), for the purpose of carrying out section 119, the Secretary shall establish—

(i) minimum standards for States to use in developing and operating bridge and pavement management systems;

(ii) measures for States to use to assess—

(I) the condition of pavements on the Interstate system;

(II) the condition of pavements on the National Highway System (excluding the Interstate);

(III) the condition of bridges on the National Highway System;

(IV) the performance of the Interstate System; and

(V) the performance of the National Highway System (excluding the Interstate System);

(iii) minimum levels for the condition of pavement on the Interstate System, only for the purposes of carrying out section 119(f)(1); and

(iv) the data elements that are necessary to collect and maintain standardized data to carry out a performance-based approach.

(B) Regions.—In establishing minimum condition levels under subparagraph (A)(iii), if the Secretary determines that various geographic regions of the United States experience disparate factors contributing to the condition of pavement on the Interstate System in those regions, the Secretary may establish different minimum levels for each region.

(4) Highway safety improvement program.—For the purpose of carrying out section 148, the Secretary shall establish measures for States to use to assess—

(A) serious injuries and fatalities per vehicle mile traveled; and

(B) the number of serious injuries and fatalities.

(5) Congestion mitigation and air quality program.—For the purpose of carrying out section 149, the Secretary shall establish measures for States to use to assess—

(A) traffic congestion; and

(B) on-road mobile source emissions.

(6) National freight movement.—The Secretary shall establish measures for States to use to assess freight movement on the Interstate System.

(d) Establishment of Performance Targets.—

(1) In general.—Not later than 1 year after the Secretary has promulgated the final rulemaking under subsection (c), each State shall set performance targets that reflect the measures identified in paragraphs (3), (4), (5), and (6) of subsection (c).

(2) Different approaches for urban and rural areas.—In the development and implementation of any performance target, a State may, as appropriate, provide for different performance targets for urbanized and rural areas.

(e) Reporting on Performance Targets.—Not later than 4 years after the date of enactment of the MAP–21 and biennially thereafter, a State shall submit to the Secretary a report that describes—

(1) the condition and performance of the National Highway System in the State;

(2) the effectiveness of the investment strategy document in the State asset management plan for the National Highway System;

(3) progress in achieving performance targets identified under subsection (d); and

(4) the ways in which the State is addressing congestion at freight bottlenecks, including those identified in the national freight strategic plan, within the State.

(Added Pub. L. 112–141, div. A, title I, §1203(a), July 6, 2012, 126 Stat. 524, amended Pub. L. 114–94, div. A, title I, §1446(a)(4)–(6), (d)(2)(A), Dec. 4, 2015, 129 Stat. 1437, 1438.)

Editorial Notes

References in Text

The date of enactment of the MAP–21, referred to in subsecs. (c)(1) and (e), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title.

Codification

Pub. L. 114–94, div. A, title I, §1446(d)(2)(A), Dec. 4, 2015, 129 Stat. 1438, amended directory language of Pub. L. 112–141, div. A, title I, §1203(a), July 6, 2012, 126 Stat. 524, which enacted this section.

Prior Provisions

A prior section 150, added Pub. L. 93–87, title I, §157(a), Aug. 13, 1973, 87 Stat. 277; amended Pub. L. 97–424, title I, §124, Jan. 6, 1983, 96 Stat. 2113, related to allocation of urban system funds, prior to repeal by Pub. L. 105–178, title I, §1103(l)(5), as added Pub. L. 105–206, title IX, §9002(c)(1), July 22, 1998, 112 Stat. 834.

Amendments

2015—Subsec. (b)(5). Pub. L. 114–94, §1446(a)(4), substituted "National Highway Freight Network" for "national freight network".

Subsec. (c)(3)(B). Pub. L. 114–94, §1446(a)(5), substituted period for semicolon at end.

Subsec. (e)(4). Pub. L. 114–94, §1446(a)(6), substituted "national freight strategic plan" for "National Freight Strategic Plan".

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Except as otherwise provided, amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Pub. L. 114–94, div. A, title I, §1446(d), Dec. 4, 2015, 129 Stat. 1438, provided that the amendment made by section 1446(d)(2)(A) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.

Effective Date

Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Performance Management Data Support Program

Pub. L. 114–94, div. A, title VI, §6028, Dec. 4, 2015, 129 Stat. 1587, as amended by Pub. L. 117–58, div. A, title III, §13003, Nov. 15, 2021, 135 Stat. 628, provided that:

"(a) Performance Management Data Support.—The Administrator of the Federal Highway Administration shall develop, use, and maintain data sets and data analysis tools to assist metropolitan planning organizations, States, and the Federal Highway Administration in carrying out performance management analyses (including the performance management requirements under section 150 of title 23, United States Code).

"(b) Inclusions.—The data analysis activities authorized under subsection (a) may include—

"(1) collecting and distributing vehicle probe data describing traffic on Federal-aid highways;

"(2) collecting household travel behavior data to assess local and cross-jurisdictional travel, including to accommodate external and through travel;

"(3) enhancing existing data collection and analysis tools to accommodate performance measures, targets, and related data, so as to better understand trip origin and destination, trip time, and mode;

"(4) enhancing existing data analysis tools to improve performance predictions and travel models in reports described in section 150(e) of title 23, United States Code; and

"(5) developing tools—

"(A) to improve performance analysis; and

"(B) to evaluate the effects of project investments on performance.

"(c) Funding.—From amounts authorized to carry out the Highway Research and Development Program, the Administrator of the Federal Highway Administration may use up to $10,000,000 for each of fiscal years 2022 through 2026 to carry out this section."
23 U.S.C. § 503 (2024) — Title 23: HIGHWAYS / Chapter 5: RESEARCH, TECHNOLOGY, AND EDUCATION / Section 503: Research and technology development and deployment
Research and technology development and deployment
Status: in_force

(a) In General.—The Secretary shall—

(1) carry out research, development, and deployment activities that encompass the entire innovation lifecycle; and

(2) ensure that all research carried out under this section aligns with the transportation research and development strategic plan of the Secretary under section 6503 of title 49.

(b) Highway Research and Development Program.—

(1) Objectives.—In carrying out the highway research and development program, the Secretary, to address current and emerging highway transportation needs, shall—

(A) identify research topics;

(B) coordinate research and development activities;

(C) carry out research, testing, and evaluation activities;

(D) provide technology transfer and technical assistance;

(E) engage with public and private entities to spur advancement of emerging transformative innovations through accelerated market readiness; and

(F) consult frequently with public and private entities on new transportation technologies.

(2) Improving highway safety.—

(A) In general.—The Secretary shall carry out research and development activities from an integrated perspective to establish and implement systematic measures to improve highway safety.

(B) Objectives.—In carrying out this paragraph, the Secretary shall carry out research and development activities—

(i) to achieve greater long-term safety gains;

(ii) to reduce the number of fatalities and serious injuries on public roads;

(iii) to fill knowledge gaps that limit the effectiveness of research;

(iv) to support the development and implementation of State strategic highway safety plans;

(v) to advance improvements in, and use of, performance prediction analysis for decisionmaking; and

(vi) to expand technology transfer to partners and stakeholders.

(C) Contents.—Research and technology activities carried out under this paragraph may include—

(i) safety assessments and decisionmaking tools;

(ii) data collection and analysis;

(iii) crash reduction projections;

(iv) low-cost safety countermeasures;

(v) innovative operational improvements and designs of roadway and roadside features;

(vi) evaluation of countermeasure costs and benefits;

(vii) development of tools for projecting impacts of safety countermeasures;

(viii) rural road safety measures;

(ix) safety measures for vulnerable road users, including bicyclists and pedestrians;

(x) safety measures to reduce the number of wildlife-vehicle collisions;

(xi) safety policy studies;

(xii) human factors studies and measures;

(xiii) safety technology deployment;

(xiv) safety workforce professional capacity building initiatives;

(xv) safety program and process improvements; and

(xvi) tools and methods to enhance safety performance, including achievement of statewide safety performance targets.

(3) Improving infrastructure integrity.—

(A) In general.—The Secretary shall carry out and facilitate highway and bridge infrastructure research and development activities—

(i) to maintain infrastructure integrity;

(ii) to meet user needs; and

(iii) to link Federal transportation investments to improvements in system performance.

(B) Objectives.—In carrying out this paragraph, the Secretary shall carry out research and development activities—

(i) to reduce the number of fatalities attributable to infrastructure design characteristics and work zones;

(ii) to improve the safety and security of highway infrastructure;

(iii) to increase the reliability of lifecycle performance predictions used in infrastructure design, construction, and management;

(iv) to improve the ability of transportation agencies to deliver projects that meet expectations for timeliness, quality, and cost;

(v) to reduce user delay attributable to infrastructure system performance, maintenance, rehabilitation, and construction;

(vi) to improve highway condition and performance through increased use of design, materials, construction, and maintenance innovations;

(vii) to reduce the environmental impacts of highway infrastructure through innovations in design, construction, operation, preservation, and maintenance; and

(viii) to study vulnerabilities of the transportation system to seismic activities and extreme events, including weather, and methods to reduce those vulnerabilities.

(C) Contents.—Research and technology activities carried out under this paragraph may include—

(i) long-term infrastructure performance programs addressing pavements, bridges, tunnels, and other structures;

(ii) short-term and accelerated studies of infrastructure performance;

(iii) research to develop more durable infrastructure materials and systems;

(iv) advanced infrastructure design methods;

(v) accelerated highway and bridge construction;

(vi) performance-based specifications;

(vii) construction and materials quality assurance;

(viii) comprehensive and integrated infrastructure asset management;

(ix) infrastructure safety assurance;

(x) sustainable infrastructure design and construction;

(xi) infrastructure rehabilitation and preservation techniques, including techniques to rehabilitate and preserve historic infrastructure;

(xii) hydraulic, geotechnical, and aerodynamic aspects of infrastructure;

(xiii) improved highway construction technologies and practices;

(xiv) improved tools, technologies, and models for infrastructure management, including assessment and monitoring of infrastructure condition;

(xv) studies to improve flexibility and resiliency of infrastructure systems to withstand extreme weather events and climate variability;

(xvi) studies on the effectiveness of fiber-based additives to improve the durability of surface transportation materials in various geographic regions;

(xvii) studies of infrastructure resilience and other adaptation measures;

(xviii) maintenance of seismic research activities, including research carried out in conjunction with other Federal agencies to study the vulnerability of the transportation system to seismic activity and methods to reduce that vulnerability;

(xix) technology transfer and adoption of permeable, pervious, or porous paving materials, practices, and systems that are designed to minimize environmental impacts, stormwater runoff, and flooding and to treat or remove pollutants by allowing stormwater to infiltrate through the pavement in a manner similar to predevelopment hydrologic conditions; and

(xx) studies on the deployment and revenue potential of the deployment of energy and broadband infrastructure in highway rights-of-way, including potential adverse impacts of the use or nonuse of those rights-of-way.

(D) Lifecycle costs analysis study.—

(i) In general.—In this subparagraph, the term "lifecycle costs analysis" means a process for evaluating the total economic worth of a usable project segment by analyzing initial costs and discounted future costs, such as maintenance, user, reconstruction, rehabilitation, restoring, and resurfacing costs, over the life of the project segment.

(ii) Study.—The Comptroller General shall conduct a study of the best practices for calculating lifecycle costs and benefits for federally funded highway projects, which shall include, at a minimum, a thorough literature review and a survey of current lifecycle cost practices of State departments of transportation.

(iii) Consultation.—In carrying out the study, the Comptroller shall consult with, at a minimum—

(I) the American Association of State Highway and Transportation Officials;

(II) appropriate experts in the field of lifecycle cost analysis; and

(III) appropriate industry experts and research centers.

(E) Report.—Not later than 1 year after the date of enactment of the Transportation Research and Innovative Technology Act of 2012, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committees on Transportation and Infrastructure and Science, Space, and Technology of the House of Representatives a report on the results of the study which shall include—

(i) a summary of the latest research on lifecycle cost analysis; and

(ii) recommendations on the appropriate—

(I) period of analysis;

(II) design period;

(III) discount rates; and

(IV) use of actual material life and maintenance cost data.

(4) Strengthening transportation planning and environmental decisionmaking.—

(A) In general.—The Secretary may carry out research—

(i) to minimize the cost of transportation planning and environmental decisionmaking processes;

(ii) to improve transportation planning and environmental decisionmaking processes; and

(iii) to minimize the potential impact of surface transportation on the environment.

(B) Objectives.—In carrying out this paragraph the Secretary may carry out research and development activities—

(i) to minimize the cost of highway infrastructure and operations;

(ii) to reduce the potential impact of highway infrastructure and operations on the environment;

(iii) to advance improvements in environmental analyses and processes and context sensitive solutions for transportation decisionmaking;

(iv) to improve construction techniques;

(v) to accelerate construction to reduce congestion and related emissions;

(vi) to reduce the impact of highway runoff on the environment;

(vii) to improve understanding and modeling of the factors that contribute to the demand for transportation; and

(viii) to improve transportation planning decisionmaking and coordination.

(C) Contents.—Research and technology activities carried out under this paragraph may include—

(i) creation of models and tools for evaluating transportation measures and transportation system designs, including the costs and benefits;

(ii) congestion reduction efforts;

(iii) transportation and economic development planning in rural areas and small communities;

(iv) improvement of State, local, and tribal government capabilities relating to surface transportation planning and the environment; and

(v) streamlining of project delivery processes.

(5) Reducing congestion, improving highway operations, and enhancing freight productivity.—

(A) In general.—The Secretary shall carry out research under this paragraph with the goals of—

(i) addressing congestion problems;

(ii) reducing the costs of congestion;

(iii) improving freight movement;

(iv) increasing productivity; and

(v) improving the economic competitiveness of the United States.

(B) Objectives.—In carrying out this paragraph, the Secretary shall carry out research and development activities to identify, develop, and assess innovations that have the potential—

(i) to reduce traffic congestion;

(ii) to improve freight movement; and

(iii) to reduce freight-related congestion throughout the transportation network.

(C) Contents.—Research and technology activities carried out under this paragraph may include—

(i) active traffic and demand management;

(ii) acceleration of the implementation of Intelligent Transportation Systems technology;

(iii) advanced transportation concepts and analysis;

(iv) arterial management and traffic signal operation;

(v) congestion pricing;

(vi) corridor management;

(vii) emergency operations;

(viii) research relating to enabling technologies and applications;

(ix) freeway management;

(x) evaluation of enabling technologies;

(xi) impacts of vehicle size and weight on congestion;

(xii) freight operations and technology;

(xiii) operations and freight performance measurement and management;

(xiv) organization and planning for operations;

(xv) planned special events management;

(xvi) real-time transportation information;

(xvii) road weather management;

(xviii) traffic and freight data and analysis tools;

(xix) traffic control devices;

(xx) traffic incident management;

(xxi) work zone management;

(xxii) communication of travel, roadway, and emergency information to persons with disabilities;

(xxiii) research on enhanced mode choice and intermodal connectivity;

(xxiv) techniques for estimating and quantifying public benefits derived from freight transportation projects; and

(xxv) other research areas to identify and address emerging needs related to freight transportation by all modes.

(6) Exploratory advanced research.—The Secretary shall carry out research and development activities relating to exploratory advanced research—

(A) to leverage the targeted capabilities of the Turner-Fairbank Highway Research Center to develop technologies and innovations of national importance;

(B) to develop potentially transformational solutions to improve the durability, efficiency, environmental impact, productivity, and safety aspects of highway and intermodal transportation systems; and

(C) to support research on non-market-ready technologies in consultation with public and private entities.

(7) Turner-fairbank highway research center.—

(A) In general.—The Secretary shall continue to operate in the Federal Highway Administration a Turner-Fairbank Highway Research Center.

(B) Uses of the center.—The Turner-Fairbank Highway Research Center shall support innovations by leading—

(i) the conduct of highway research and development relating to emerging highway technology;

(ii) the development of understandings, tools, and techniques that provide solutions to complex technical problems through the development of economical and environmentally sensitive designs, efficient and quality-controlled construction practices, and durable materials;

(iii) the development of innovative highway products and practices;

(iv) the conduct of long-term, high-risk research to improve the materials used in highway infrastructure; and

(v) the evaluation of information from accelerated market readiness efforts, including non-market-ready technologies, in consultation with other offices of the Federal Highway Administration, the National Highway Traffic Safety Administration, and other key partners.

(8) Infrastructure investment needs report.—

(A) In general.—Not later than July 31, 2013, and July 31 of every second year thereafter, the Secretary shall 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 estimates of the current conditions and future needs of highways, bridges, and tunnels of the United States, including—

(i) the conditions and performance of the highway network for freight movement;

(ii) intelligent transportation systems;

(iii) resilience needs; and

(iv) the backlog of current highway, bridge, and tunnel needs.

(B) Comparisons.—Each report under subparagraph (A) shall include all information necessary to relate and compare the conditions and service measures used in the previous biennial reports to conditions and service measures used in the current report.

(C) Inclusions.—Each report under subparagraph (A) shall provide recommendations to Congress on changes to the highway performance monitoring system that address—

(i) improvements to the quality and standardization of data collection on all functional classifications of Federal-aid highways for accurate system length, lane length, and vehicle-mile of travel; and

(ii) changes to the reporting requirements authorized under section 315, to reflect recommendations under this paragraph for collection, storage, analysis, reporting, and display of data for Federal-aid highways and, to the maximum extent practical, all public roads.

(9) Analysis tools.—The Secretary may develop interactive modeling tools and databases that—

(A) track the full condition of highway assets, including interchanges, and the reconstruction history of those assets;

(B) can be used to assess transportation options;

(C) allow for the monitoring and modeling of network-level traffic flows on highways; and

(D) further Federal and State understanding of the importance of national and regional connectivity and the need for long-distance and interregional passenger and freight travel by highway and other surface transportation modes.

(c) Technology and Innovation Deployment Program.—

(1) In general.—The Secretary shall carry out a technology and innovation deployment program relating to all aspects of highway transportation, including planning, financing, operation, structures, use of rights-of-way permissible under applicable law, materials, pavements, environment, construction, and the duration of time between project planning and project delivery, with the goals of—

(A) significantly accelerating the adoption of innovative technologies by the surface transportation community;

(B) providing leadership and incentives to demonstrate and promote state-of-the-art technologies, elevated performance standards, and new business practices in highway construction processes that result in improved safety, faster construction, reduced congestion from construction, and improved quality and user satisfaction;

(C) constructing longer-lasting highways through the use of innovative technologies and practices that lead to faster construction of efficient and safe highways and bridges;

(D) improving highway efficiency, safety, mobility, reliability, service life, environmental protection, and sustainability;

(E) developing and deploying new tools, techniques, and practices to accelerate the adoption of innovation in all aspects of highway transportation; and

(F) disseminating and evaluating information from accelerated market readiness efforts, including non-market-ready technologies, to public and private entities.

(2) Implementation.—

(A) In general.—The Secretary shall promote, facilitate, and carry out the program established under paragraph (1) to distribute the products, technologies, tools, methods, or other findings that result from highway research and development activities, including research and development activities carried out under this chapter.

(B) Accelerated innovation deployment.—In carrying out the program established under paragraph (1), the Secretary shall—

(i) establish and carry out demonstration programs;

(ii) provide technical assistance, and training to researchers and developers; and

(iii) develop and deploy improved tools and methods to accelerate the adoption of early-stage and proven innovative practices and technologies and, as the Secretary determines to be appropriate, support continued implementation of proven innovative practices and technologies as standard practices.

(C) Implementation of future strategic highway research program findings and results.—

(i) In general.—The Secretary, in consultation with the American Association of State Highway and Transportation Officials and the Transportation Research Board of the National Academy of Sciences, shall promote research results and products developed under the future strategic highway research program administered by the Transportation Research Board of the National Academy of Sciences.

(ii) Basis for findings.—The activities carried out under this subparagraph shall be based on the report submitted to Congress by the Transportation Research Board of the National Academy of Sciences under section 510(e).

(iii) Personnel.—The Secretary may use funds made available to carry out this subsection for administrative costs under this subparagraph.

(D) Report.—Not later than 2 years after the date of enactment of this subparagraph and every 2 years thereafter, 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 and make publicly available on an internet website a report that describes—

(i) the activities the Secretary has undertaken to carry out the program established under paragraph (1); and

(ii) how and to what extent the Secretary has worked to disseminate non-market-ready technologies to public and private entities.

(3) Accelerated implementation and deployment of pavement technologies.—

(A) In general.—The Secretary shall establish and implement a program under the technology and innovation deployment program to promote, implement, deploy, demonstrate, showcase, support, and document the application of innovative pavement technologies, practices, performance, and benefits.

(B) Goals.—The goals of the accelerated implementation and deployment of pavement technologies program shall include—

(i) the deployment of new, cost-effective designs, materials, recycled materials, and practices to extend the pavement life and performance and to improve user satisfaction;

(ii) the reduction of initial costs and lifecycle costs of pavements, including the costs of new construction, replacement, maintenance, and rehabilitation;

(iii) the deployment of accelerated construction techniques to increase safety and reduce construction time and traffic disruption and congestion;

(iv) the deployment of engineering design criteria and specifications for new and efficient practices, products, and materials for use in highway pavements;

(v) the deployment of new nondestructive and real-time pavement evaluation technologies and construction techniques; and

(vi) effective technology transfer and information dissemination to accelerate implementation of new technologies and to improve life, performance, cost effectiveness, safety, and user satisfaction.

(C) High-friction surface treatment application study.—

(i) Definition of institution.—In this subparagraph, the term "institution" means a private sector entity, public agency, research university or other research institution, or organization representing transportation and technology leaders or other transportation stakeholders that, as determined by the Secretary, is capable of working with State highway agencies, the Federal Highway Administration, and the highway construction industry to develop and evaluate new products, design technologies, and construction methods that quickly lead to pavement improvements.

(ii) Study.—The Secretary shall seek to enter into an agreement with an institution to carry out a study on the use of natural and synthetic calcined bauxite as a high-friction surface treatment application on pavement.

(iii) Report.—Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit a report on the results of the study under clause (ii) to—

(I) the Committee on Environment and Public Works of the Senate;

(II) the Committee on Transportation and Infrastructure of the House of Representatives;

(III) the Federal Highway Administration; and

(IV) the American Association of State Highway and Transportation Officials.

(D) Funding.—The Secretary shall obligate for each of fiscal years 2022 through 2026 from funds made available to carry out this subsection $12,000,000 to accelerate the deployment and implementation of pavement technology.

(E) Publication.—

(i) In general.—Not less frequently than once every 3 years, the Secretary shall issue and make available to the public on an Internet website a report on the cost and benefits from deployment of new technology and innovations that substantially and directly resulted from the program established under this paragraph.

(ii) Inclusions.—The report under clause (i) may include an analysis of—

(I) Federal, State, and local cost savings;

(II) project delivery time improvements;

(III) reduced fatalities;

(IV) congestion impacts;

(V) pavement monitoring and data collection practices;

(VI) pavement durability and resilience;

(VII) stormwater management;

(VIII) impacts on vehicle efficiency;

(IX) the energy efficiency of the production of paving materials and the ability of paving materials to enhance the environment and promote sustainability; and

(X) integration of renewable energy in pavement designs.

(4) Advanced transportation technologies and innovative mobility deployment.—

(A) In general.—The Secretary shall provide grants to eligible entities to deploy, install, and operate advanced transportation technologies to improve safety, mobility, efficiency, system performance, intermodal connectivity, and infrastructure return on investment.

(B) Criteria.—The Secretary shall develop criteria for selection of an eligible entity to receive a grant under this paragraph, including how the deployment of technology will—

(i) improve the mobility of people and goods;

(ii) improve the durability and extend the life of transportation infrastructure;

(iii) reduce costs and improve return on investments, including through optimization of existing transportation capacity;

(iv) protect the environment and deliver environmental benefits that alleviate congestion and streamline traffic flow;

(v) measure and improve the operational performance of the applicable transportation network;

(vi) reduce the number and severity of traffic crashes and increase driver, passenger, and pedestrian safety;

(vii) collect, disseminate, and use real-time traffic, work zone, weather, transit, paratransit, parking, and other transportation-related information to improve mobility, reduce congestion, and provide for more efficient, accessible, and integrated transportation and transportation services;

(viii) facilitate account-based payments for transportation access and services and integrate payment systems across modes;

(ix) monitor transportation assets to improve infrastructure management, reduce maintenance costs, prioritize investment decisions, and ensure a state of good repair;

(x) deliver economic benefits by reducing delays, improving system performance, and providing for the efficient and reliable movement of goods and services;

(xi) accelerate the deployment of vehicle-to-vehicle, vehicle-to-infrastructure, vehicle-to-pedestrian, autonomous vehicles, and other technologies; or

(xii) incentivize travelers—

(I) to share trips during periods in which travel demand exceeds system capacity; or

(II) to shift trips to periods in which travel demand does not exceed system capacity.

(C) Applications.—

(i) Request.—Each fiscal year for which funding is made available for activities under this paragraph, the Secretary shall request applications in accordance with clause (ii).

(ii) Contents.—An application submitted under this subparagraph shall include the following:

(I) Plan.—A plan to deploy and provide for the long-term operation and maintenance of advanced transportation and congestion management technologies to improve safety, mobility, efficiency, system performance, and return on investment.

(II) Objectives.—Quantifiable system performance improvements, such as—

(aa) reducing traffic-related crashes, congestion, and costs;

(bb) optimizing system efficiency;

(cc) improving access to transportation services; and

(dd) facilitating payment for transportation services.

(III) Results.—Quantifiable safety, mobility, and environmental benefit projections such as data-driven estimates of how the project will improve the region's transportation system efficiency and reduce traffic congestion.

(IV) Partnerships.—A plan for partnering with the private sector or public agencies, including multimodal and multijurisdictional entities, research institutions, organizations representing transportation and technology leaders, or other transportation stakeholders.

(V) Leveraging.—A plan to leverage and optimize existing local and regional advanced transportation technology investments.

(D) Grant selection.—

(i) Grant awards.—Each fiscal year for which funding is made available for activities under this paragraph, the Secretary shall award grants to not less than 5 and not more than 10 eligible entities.

(ii) Geographic diversity.—

(I) In general.—Subject to subclause (II), in awarding a grant under this paragraph, the Secretary shall ensure, to the extent practicable, that grant recipients represent diverse geographic areas of the United States, including urban and rural areas.

(II) Rural set-aside.—Not less than 20 percent of the amounts made available to carry out this paragraph shall be reserved for projects serving rural areas.

(iii) Technology diversity.—In awarding a grant under this paragraph, the Secretary shall ensure, to the extent practicable, that grant recipients represent diverse technology solutions.

(E) Use of grant funds.—A grant recipient may use funds awarded under this paragraph to deploy advanced transportation and congestion management technologies, including—

(i) advanced traveler information systems;

(ii) advanced transportation management technologies;

(iii) advanced transportation technologies to improve emergency evacuation and response by Federal, State, and local authorities;

(iv) infrastructure maintenance, monitoring, and condition assessment;

(v) advanced public transportation systems;

(vi) transportation system performance data collection, analysis, and dissemination systems;

(vii) advanced safety systems, including vehicle-to-vehicle and vehicle-to-infrastructure communications, technologies associated with autonomous vehicles, and other collision avoidance technologies, including systems using cellular technology;

(viii) integration of intelligent transportation systems with the Smart Grid and other energy distribution and charging systems;

(ix) integrated corridor management systems;

(x) advanced parking reservation or variable pricing systems;

(xi) electronic pricing, toll collection, and payment systems;

(xii) technology that enhances high occupancy vehicle toll lanes, cordon pricing, or congestion pricing;

(xiii) integration of transportation service payment systems;

(xiv) advanced mobility, access, and on-demand transportation service technologies, such as dynamic ridesharing and other shared-use mobility applications and information systems to support human services for elderly and disabled individuals;

(xv) retrofitting dedicated short-range communications (DSRC) technology deployed as part of an existing pilot program to cellular vehicle-to-everything (C–V2X) technology, subject to the condition that the retrofitted technology operates only within the existing spectrum allocations for connected vehicle systems; or

(xvi) advanced transportation technologies, in accordance with the research areas described in section 6503 of title 49.

(F) Report to secretary.—For each eligible entity that receives a grant under this paragraph, not later than 1 year after the entity receives the grant, and each year thereafter, the entity shall submit a report to the Secretary that describes—

(i) deployment and operational costs of the project compared to the benefits and savings the project provides; and

(ii) how the project has met the original expectations projected in the deployment plan submitted with the application, such as—

(I) data on how the project has helped reduce traffic crashes, congestion, costs, and other benefits of the deployed systems;

(II) data on the effect of measuring and improving transportation system performance through the deployment of advanced technologies;

(III) the effectiveness of providing real-time integrated traffic, transit, and multimodal transportation information to the public to make informed travel decisions; and

(IV) lessons learned and recommendations for future deployment strategies to optimize transportation mobility, efficiency, multimodal system performance, and payment system performance.

(G) Report.—Not later than 3 years after the date that the first grant is awarded under this paragraph, and each year thereafter, the Secretary shall make available to the public on an Internet website a report that describes the effectiveness of grant recipients in meeting their projected deployment plans, including data provided under subparagraph (F) on how the program has—

(i) reduced traffic-related fatalities and injuries;

(ii) reduced traffic congestion and improved travel time reliability;

(iii) reduced transportation-related emissions;

(iv) optimized multimodal system performance;

(v) improved access to transportation alternatives;

(vi) improved integration of payment systems;

(vii) provided the public with access to real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions;

(viii) provided cost savings to transportation agencies, businesses, and the traveling public; or

(ix) provided other benefits to transportation users and the general public.

(H) Additional grants.—The Secretary may cease to provide additional grant funds to a recipient of a grant under this paragraph if—

(i) the Secretary determines from such recipient's report that the recipient is not carrying out the requirements of the grant; and

(ii) the Secretary provides written notice 60 days prior to withholding funds to the Committees on Transportation and Infrastructure and Science, Space, and Technology of the House of Representatives and the Committees on Environment and Public Works and Commerce, Science, and Transportation of the Senate.

(I) Funding.—

(i) In general.—From funds made available to carry out subsection (b), this subsection, and sections 512 through 518, the Secretary shall set aside for grants awarded under subparagraph (D) $60,000,000 for each of fiscal years 2022 through 2026.

(ii) Expenses for the secretary.—Of the amounts set aside under clause (i), the Secretary may set aside $2,000,000 each fiscal year for program reporting, evaluation, and administrative costs related to this paragraph.

(J) Federal share.—The Federal share of the cost of a project for which a grant is awarded under this subsection shall not exceed 80 percent of the cost of the project.

(K) Grant limitation.—The Secretary may not award more than 20 percent of the amount described under subparagraph (I) in a fiscal year to a single grant recipient.

(L) Expenses for grant recipients.—A grant recipient under this paragraph may use not more than 5 percent of the funds awarded each fiscal year to carry out planning and reporting requirements.

(M) Grant flexibility.—

(i) In general.—If, by August 1 of each fiscal year, the Secretary determines that there are not enough grant applications that meet the requirements described in subparagraph (C) to carry out this section for a fiscal year, the Secretary shall transfer to the programs specified in clause (ii)—

(I) any of the funds reserved for the fiscal year under subparagraph (I) that the Secretary has not yet awarded under this paragraph; and

(II) an amount of obligation limitation equal to the amount of funds that the Secretary transfers under subclause (I).

(ii) Programs.—The programs referred to in clause (i) are—

(I) the program under subsection (b);

(II) the program under this subsection; and

(III) the programs under sections 512 through 518.

(iii) Distribution.—Any transfer of funds and obligation limitation under clause (i) shall be divided among the programs referred to in that clause in the same proportions as the Secretary originally reserved funding from the programs for the fiscal year under subparagraph (I).

(N) Definitions.—In this paragraph:

(i) Eligible entity.—The term "eligible entity" means a State or local government, a transit agency, metropolitan planning organization, or other political subdivision of a State or local government or a multijurisdictional group or a consortia of research institutions or academic institutions.

(ii) Advanced and congestion management transportation technologies.—The term "advanced transportation and congestion management technologies" means technologies that improve the efficiency, safety, or state of good repair of surface transportation systems, including intelligent transportation systems.

(iii) Multijurisdictional group.—The term "multijurisdictional group" means any combination of State governments, local governments, metropolitan planning agencies, transit agencies, or other political subdivisions of a State for which each member of the group—

(I) has signed a written agreement to implement the advanced transportation technologies deployment initiative across jurisdictional boundaries; and

(II) is an eligible entity under this paragraph.

(5) Accelerated implementation and deployment of advanced digital construction management systems.—

(A) In general.—The Secretary shall establish and implement a program under the technology and innovation deployment program established under paragraph (1) to promote, implement, deploy, demonstrate, showcase, support, and document the application of advanced digital construction management systems, practices, performance, and benefits.

(B) Goals.—The goals of the accelerated implementation and deployment of advanced digital construction management systems program established under subparagraph (A) shall include—

(i) accelerated State adoption of advanced digital construction management systems applied throughout the construction lifecycle (including through the design and engineering, construction, and operations phases) that—

(I) maximize interoperability with other systems, products, tools, or applications;

(II) boost productivity;

(III) manage complexity;

(IV) reduce project delays and cost overruns; and

(V) enhance safety and quality;

(ii) more timely and productive information-sharing among stakeholders through reduced reliance on paper to manage construction processes and deliverables such as blueprints, design drawings, procurement and supply-chain orders, equipment logs, daily progress reports, and punch lists;

(iii) deployment of digital management systems that enable and leverage the use of digital technologies on construction sites by contractors, such as state-of-the-art automated and connected machinery and optimized routing software that allows construction workers to perform tasks faster, safer, more accurately, and with minimal supervision;

(iv) the development and deployment of best practices for use in digital construction management;

(v) increased technology adoption and deployment by States and units of local government that enables project sponsors—

(I) to integrate the adoption of digital management systems and technologies in contracts; and

(II) to weigh the cost of digitization and technology in setting project budgets;

(vi) technology training and workforce development to build the capabilities of project managers and sponsors that enables States and units of local government—

(I) to better manage projects using advanced construction management technologies; and

(II) to properly measure and reward technology adoption across projects of the State or unit of local government;

(vii) development of guidance to assist States in updating regulations of the State to allow project sponsors and contractors—

(I) to report data relating to the project in digital formats; and

(II) to fully capture the efficiencies and benefits of advanced digital construction management systems and related technologies;

(viii) reduction in the environmental footprint of construction projects using advanced digital construction management systems resulting from elimination of congestion through more efficient projects; and

(ix) enhanced worker and pedestrian safety resulting from increased transparency.

(C) Funding.—For each of fiscal years 2022 through 2026, the Secretary shall obligate from funds made available to carry out this subsection $20,000,000 to accelerate the deployment and implementation of advanced digital construction management systems.

(D) Publication.—

(i) In general.—Not less frequently than annually, the Secretary shall issue and make available to the public on a website a report on—

(I) progress made in the implementation of advanced digital management systems by States; and

(II) the costs and benefits of the deployment of new technology and innovations that substantially and directly resulted from the program established under this paragraph.

(ii) Inclusions.—The report under clause (i) may include an analysis of—

(I) Federal, State, and local cost savings;

(II) project delivery time improvements;

(III) congestion impacts; and

(IV) safety improvements for roadway users and construction workers.

(6) Center of excellence.—

(A) Definitions.—In this paragraph:

(i) Highly automated vehicle.—The term "highly automated vehicle" means a motor vehicle that—

(I) has a taxable gross weight (as defined in section 41.4482(b)–1 of title 26, Code of Federal Regulations (or successor regulations)) of 10,000 pounds or less; and

(II) is equipped with a Level 3, Level 4, or Level 5 automated driving system (as defined in the SAE International Recommended Practice numbered J3016 and dated June 15, 2018 (or a subsequent standard adopted by the Secretary)).

(ii) New mobility.—The term "new mobility" includes shared services such as—

(I) docked and dockless bicycles;

(II) docked and dockless electric scooters; and

(III) transportation network companies.

(B) Establishment.—Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a Center of Excellence to collect, conduct, and fund research on the impacts of new mobility and highly automated vehicles on land use, urban design, transportation, real estate, equity, and municipal budgets.

(C) Report.—Not later than 1 year after the date on which the Center of Excellence is established, the Secretary shall submit a report that describes the results of the research regarding the impacts of new mobility and highly automated vehicles to the Committees on Environment and Public Works and Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives.

(D) Partnerships.—In establishing the Center of Excellence under subparagraph (B), the Secretary shall enter into appropriate partnerships with any institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or public or private research entity.

(Added Pub. L. 105–178, title V, §5103, June 9, 1998, 112 Stat. 427; amended Pub. L. 109–59, title V, §§5202(b)(1), (2), 5203(a), (b)(1), (c)(1), (d), Aug. 10, 2005, 119 Stat. 1786–1789; Pub. L. 112–141, div. E, title II, §52003(a), July 6, 2012, 126 Stat. 872; Pub. L. 114–94, div. A, title VI, §§6003, 6004, Dec. 4, 2015, 129 Stat. 1562; Pub. L. 117–58, div. A, title III, §13006(a)–(c), Nov. 15, 2021, 135 Stat. 630–637.)

Editorial Notes

References in Text

The date of enactment of the Transportation Research and Innovative Technology Act of 2012, referred to in subsec. (b)(3)(E), is the date of enactment of div. E of Pub. L. 112–141, which was approved July 6, 2012.

The date of enactment of this subparagraph and the date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsec. (c)(2)(D), (3)(C)(iii), (6)(B), are the date of enactment of div. A of Pub. L. 117–58, which was approved Nov. 15, 2021.

Prior Provisions

A prior section 503, added Pub. L. 90–495, §30, Aug. 23, 1968, 82 Stat. 831, related to administration of highway relocation assistance program, prior to repeal by Pub. L. 91–646, title II, §220(a)(10), Jan. 2, 1971, 84 Stat. 1903.

Amendments

2021—Subsec. (a)(2). Pub. L. 117–58, §13006(a)(1), substituted "section 6503 of title 49" for "section 508".

Subsec. (b)(1)(E), (F). Pub. L. 117–58, §13006(a)(2)(A), added subpars. (E) and (F).

Subsec. (b)(2)(C)(x) to (xvi). Pub. L. 117–58, §13006(a)(2)(B), added cl. (x) and redesignated former cls. (x) to (xv) as (xi) to (xvi), respectively.

Subsec. (b)(3)(B)(viii). Pub. L. 117–58, §13006(a)(2)(C)(i), inserted ", including weather," after "events".

Subsec. (b)(3)(C)(xv). Pub. L. 117–58, §13006(a)(2)(C)(ii)(I), inserted "extreme weather events and" after "withstand".

Subsec. (b)(3)(C)(xx). Pub. L. 117–58, §13006(a)(2)(C)(ii)(II)–(IV), added cl. (xx).

Subsec. (b)(6)(C). Pub. L. 117–58, §13006(a)(2)(D), added subpar. (C).

Subsec. (b)(7)(B). Pub. L. 117–58, §13006(a)(2)(E)(i), inserted "innovations by leading" after "support" in introductory provisions.

Subsec. (b)(7)(B)(v). Pub. L. 117–58, §13006(a)(2)(E)(ii)–(iv), added cl. (v).

Subsec. (b)(8)(A). Pub. L. 117–58, §13006(a)(2)(F), substituted "current conditions and future needs of highways, bridges, and tunnels of the United States, including—" and cls. (i) to (iv) for "future highway and bridge needs of the United States and the backlog of current highway and bridge needs."

Subsec. (b)(9). Pub. L. 117–58, §13006(a)(2)(G), added par. (9).

Subsec. (c)(1). Pub. L. 117–58, §13006(a)(3)(A)(i), inserted "use of rights-of-way permissible under applicable law," after "structures," in introductory provisions.

Subsec. (c)(1)(F). Pub. L. 117–58, §13006(a)(3)(A)(ii)–(iv), added subpar. (F).

Subsec. (c)(2)(B)(iii). Pub. L. 117–58, §13006(a)(3)(B)(i), substituted "and deploy improved tools and methods to accelerate the adoption of early-stage and proven innovative practices and technologies and, as the Secretary determines to be appropriate, support continued implementation" for "improved tools and methods to accelerate the adoption".

Subsec. (c)(2)(D). Pub. L. 117–58, §13006(a)(3)(B)(ii), added subpar. (D).

Subsec. (c)(3)(C). Pub. L. 117–58, §13006(a)(3)(C)(ii), added subpar. (C). Former subpar. (C) redesignated (D).

Subsec. (c)(3)(D). Pub. L. 117–58, §13006(a)(3)(C)(i), (iii), redesignated subpar. (C) as (D) and substituted "fiscal years 2022 through 2026" for "fiscal years 2016 through 2020". Former subpar. (D) redesignated (E).

Subsec. (c)(3)(E). Pub. L. 117–58, §13006(a)(3)(C)(i), redesignated subpar. (D) as (E).

Subsec. (c)(3)(E)(i). Pub. L. 117–58, §13006(a)(3)(C)(iv)(I), substituted "once every 3 years" for "annually".

Subsec. (c)(3)(E)(ii)(V) to (X). Pub. L. 117–58, §13006(a)(3)(C)(iv)(II), added subcls. (V) to (X).

Subsec. (c)(4). Pub. L. 117–58, §13006(b)(1), inserted "and innovative mobility" before "deployment" in heading.

Subsec. (c)(4)(A). Pub. L. 117–58, §13006(b)(2), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: "Not later than 6 months after the date of enactment of this paragraph, the Secretary shall establish an advanced transportation and congestion management technologies deployment initiative to provide grants to eligible entities to develop model deployment sites for large scale installation and operation of advanced transportation technologies to improve safety, efficiency, system performance, and infrastructure return on investment."

Subsec. (c)(4)(B)(i). Pub. L. 117–58, §13006(b)(3)(D), added cl. (i). Former cl. (i) redesignated (iii).

Pub. L. 117–58, §13006(b)(3)(A), substituted "optimization" for "the enhanced use".

Subsec. (c)(4)(B)(ii). Pub. L. 117–58, §13006(b)(3)(D), added cl. (ii). Former cl. (ii) redesignated (iv).

Subsec. (c)(4)(B)(iii). Pub. L. 117–58, §13006(b)(3)(C), redesignated cl. (i) as (iii). Former cl. (iii) redesignated (v).

Subsec. (c)(4)(B)(iv). Pub. L. 117–58, §13006(b)(3)(C), (E), redesignated cl. (ii) as (iv) and substituted "protect the environment and deliver" for "deliver". Former cl. (iv) redesignated (vi).

Subsec. (c)(4)(B)(v). Pub. L. 117–58, §13006(b)(3)(C), redesignated cl. (iii) as (v). Former cl. (v) redesignated (vii).

Pub. L. 117–58, §13006(b)(3)(B), substituted "work zone, weather, transit, paratransit," for "transit," and ", accessible, and integrated transportation and transportation services" for "and accessible transportation".

Subsec. (c)(4)(B)(vi), (vii). Pub. L. 117–58, §13006(b)(3)(C), redesignated cls. (iv) and (v) as (vi) and (vii), respectively. Former cl. (vii) redesignated (x).

Subsec. (c)(4)(B)(viii). Pub. L. 117–58, §13006(b)(3)(F), added cl. (viii).

Subsec. (c)(4)(B)(ix). Pub. L. 117–58, §13006(b)(3)(C), redesignated cl. (vi) as (ix).

Subsec. (c)(4)(B)(x). Pub. L. 117–58, §13006(b)(3)(C), (G), redesignated cl. (vii) as (x) and struck out "or" at end.

Subsec. (c)(4)(B)(xi). Pub. L. 117–58, §13006(b)(3)(C), (H), redesignated cl. (viii) as (xi), inserted "vehicle-to-pedestrian," after "vehicle-to-infrastructure,", and substituted "; or" for period at end.

Subsec. (c)(4)(B)(xii). Pub. L. 117–58, §13006(b)(3)(I), added cl. (xii).

Subsec. (c)(4)(C)(i). Pub. L. 117–58, §13006(b)(4)(A), substituted "Each fiscal year for which funding is made available for activities under this paragraph" for "Not later than 6 months after the date of enactment of this paragraph, and for every fiscal year thereafter".

Subsec. (c)(4)(C)(ii)(I). Pub. L. 117–58, §13006(b)(4)(B)(i), inserted "mobility," after "safety,".

Subsec. (c)(4)(C)(ii)(II)(dd). Pub. L. 117–58, §13006(b)(4)(B)(ii), added item (dd).

Subsec. (c)(4)(D)(i). Pub. L. 117–58, §13006(b)(5)(A), substituted "Each fiscal year for which funding is made available for activities under this paragraph" for "Not later than 1 year after the date of enactment of this paragraph, and for every fiscal year thereafter".

Subsec. (c)(4)(D)(ii). Pub. L. 117–58, §13006(b)(5)(B), designated existing provisions as subcl. (I), inserted heading, substituted "Subject to subclause (II), in awarding" for "In awarding", and added subcl. (II).

Subsec. (c)(4)(E)(iii) to (x). Pub. L. 117–58, §13006(b)(6)(A)–(C), added cls. (iii), (ix), and (x) and redesignated former cls. (iii) to (vii) as (iv) to (viii), respectively. Former cls. (viii) and (ix) redesignated (xi) and (xiv), respectively.

Subsec. (c)(4)(E)(xi). Pub. L. 117–58, §13006(b)(6)(A), (D), redesignated cl. (viii) as (xi), inserted ", toll collection," after "pricing", and struck out "or" at end.

Subsec. (c)(4)(E)(xii), (xiii). Pub. L. 117–58, §13006(b)(6)(E), added cls. (xii) and (xiii).

Subsec. (c)(4)(E)(xiv). Pub. L. 117–58, §13006(b)(6)(A), (F), redesignated cl. (ix) as (xiv), substituted ", access, and on-demand transportation service" for "and access", inserted "and other shared-use mobility applications" after "ridesharing", and substituted semicolon for period at end.

Subsec. (c)(4)(E)(xv), (xvi). Pub. L. 117–58, §13006(b)(6)(G), added cls. (xv) and (xvi).

Subsec. (c)(4)(F)(ii)(IV). Pub. L. 117–58, §13006(b)(7), substituted "mobility, efficiency, multimodal system performance, and payment system performance" for "efficiency and multimodal system performance".

Subsec. (c)(4)(G)(vi) to (ix). Pub. L. 117–58, §13006(b)(8), added cl. (vi) and redesignated former cls. (vi) to (viii) as (vii) to (ix), respectively.

Subsec. (c)(4)(I)(i). Pub. L. 117–58, §13006(b)(9), substituted "fiscal years 2022 through 2026" for "fiscal years 2016 through 2020".

Subsec. (c)(4)(J). Pub. L. 117–58, §13006(b)(10), substituted "80" for "50".

Subsec. (c)(4)(N). Pub. L. 117–58, §13006(b)(11)(A), struck out ", the following definitions apply" after "In this paragraph" in introductory provisions.

Subsec. (c)(4)(N)(i). Pub. L. 117–58, §13006(b)(11)(B), struck out "representing a population of over 200,000" after "metropolitan planning organization".

Subsec. (c)(4)(N)(iii). Pub. L. 117–58, §13006(b)(11)(C), substituted "any" for "a any" in introductory provisions.

Subsec. (c)(5). Pub. L. 117–58, §13006(a)(3)(D), added par. (5).

Subsec. (c)(6). Pub. L. 117–58, §13006(c), added par. (6).

2015—Subsec. (c)(3)(C). Pub. L. 114–94, §6003(1), substituted "2016 through 2020" for "2013 through 2014".

Subsec. (c)(3)(D). Pub. L. 114–94, §6003(2), added subpar. (D).

Subsec. (c)(4). Pub. L. 114–94, §6004, added par. (4).

2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to technology deployment.

2005—Subsec. (a). Pub. L. 109–59, §5203(a)(1), struck out "initiatives and partnerships" before "program" in heading.

Subsec. (a)(1). Pub. L. 109–59, §5203(a)(2), added par. (1) and struck out heading and text of former par. (1). Text read as follows: "The Secretary shall develop and administer a national technology deployment initiatives and partnerships program."

Subsec. (a)(7). Pub. L. 109–59, §5203(a)(3), added par. (7) and struck out heading and text of former par. (7). Text read as follows: "Under the program, the Secretary may make grants and enter into cooperative agreements and contracts to foster alliances and support efforts to stimulate advances in transportation technology, including—

"(A) the testing and evaluation of products of the strategic highway research program;

"(B) the further development and implementation of technology in areas such as the Superpave system and the use of lithium salts and other alternatives to prevent and mitigate alkali silica reactivity;

"(C) the provision of support for long-term pavement performance product implementation and technology access; and

"(D) other activities to achieve the goals established under paragraph (3)."

Subsec. (a)(8). Pub. L. 109–59, §5203(a)(4), added par. (8) and struck out heading and text of former par. (8). Text read as follows: "Not later than 18 months after the date of enactment of this section, and biennially thereafter, 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 on the progress and results of activities carried out under this section."

Subsec. (b)(1). Pub. L. 109–59, §5202(b)(1), reenacted heading without change and amended text of par. (1) generally. Prior to amendment, text read as follows: "The Secretary shall establish and carry out a program to demonstrate the application of innovative material technology in the construction of bridges and other structures."

Subsec. (b)(2). Pub. L. 109–59, §5202(b)(2), reenacted heading without change and amended text of par. (2) generally. Prior to amendment, text read as follows: "The goals of the program shall include—

"(A) the development of new, cost-effective innovative material highway bridge applications;

"(B) the reduction of maintenance costs and life-cycle costs of bridges, including the costs of new construction, replacement, or rehabilitation of deficient bridges;

"(C) the development of construction techniques to increase safety and reduce construction time and traffic congestion;

"(D) the development of engineering design criteria for innovative products and materials for use in highway bridges and structures;

"(E) the development of cost-effective and innovative techniques to separate vehicle and pedestrian traffic from railroad traffic;

"(F) the development of highway bridges and structures that will withstand natural disasters, including alternative processes for the seismic retrofit of bridges; and

"(G) the development of new nondestructive bridge evaluation technologies and techniques."

Subsec. (c). Pub. L. 109–59, §5203(b)(1), added subsec. (c).

Subsec. (d). Pub. L. 109–59, §5203(c)(1), added subsec. (d).

Subsec. (e). Pub. L. 109–59, §5203(d), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Strategic Innovation for Revenue Collection

Pub. L. 117–58, div. A, title III, §13001(a)–(e), Nov. 15, 2021, 135 Stat. 622–624, provided that:

"(a) In General.—The Secretary [of Transportation] shall establish a program to test the feasibility of a road usage fee and other user-based alternative revenue mechanisms (referred to in this section as 'user-based alternative revenue mechanisms') to help maintain the long-term solvency of the Highway Trust Fund, through pilot projects at the State, local, and regional level.

"(b) Grants.—

"(1) In general.—The Secretary shall provide grants to eligible entities to carry out pilot projects under this section.

"(2) Applications.—To be eligible for a grant under this section, 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) Objectives.—The Secretary shall ensure that, in the aggregate, the pilot projects carried out using funds provided under this section meet the following objectives:

"(A) To test the design, acceptance, equity, and implementation of user-based alternative revenue mechanisms, including among—

"(i) differing income groups; and

"(ii) rural and urban drivers, as applicable.

"(B) To provide recommendations regarding adoption and implementation of user-based alternative revenue mechanisms.

"(C) To quantify and minimize the administrative costs of any potential user-based alternative revenue mechanisms.

"(D) To test a variety of solutions, including the use of independent and private third-party vendors, for the collection of data and fees from user-based alternative revenue mechanisms, including the reliability and security of those solutions and vendors.

"(E) To test solutions to ensure the privacy and security of data collected for the purpose of implementing a user-based alternative revenue mechanism.

"(F) To conduct public education and outreach to increase public awareness regarding the need for user-based alternative revenue mechanisms for surface transportation programs.

"(G) To evaluate the ease of compliance and enforcement of a variety of implementation approaches for different users of the surface transportation system.

"(H) To ensure, to the greatest extent practicable, the use of innovation.

"(I) To consider, to the greatest extent practicable, the potential for revenue collection along a network of alternative fueling stations.

"(J) To evaluate the impacts of the imposition of a user-based alternative revenue mechanism on—

"(i) transportation revenues;

"(ii) personal mobility, driving patterns, congestion, and transportation costs; and

"(iii) freight movement and costs.

"(K) To evaluate options for the integration of a user-based alternative revenue mechanism with—

"(i) nationwide transportation revenue collections and regulations;

"(ii) toll revenue collection platforms;

"(iii) transportation network company fees; and

"(iv) any other relevant transportation revenue mechanisms.

"(4) Eligible entity.—An entity eligible to apply for a grant under this section is—

"(A) a State or a group of States;

"(B) a local government or a group of local governments; or

"(C) a metropolitan planning organization (as defined in section 134(b) of title 23, United States Code) or a group of metropolitan planning organizations.

"(5) Use of funds.—An eligible entity that receives a grant under this section shall use the grant to carry out a pilot project to address 1 or more of the objectives described in paragraph (3).

"(6) Consideration.—The Secretary shall consider geographic diversity in awarding grants under this subsection.

"(7) Federal share.—The Federal share of the cost of a pilot project carried out under this section may not exceed—

"(A) 80 percent of the total cost of a project carried out by an eligible entity that has not otherwise received a grant under this section; and

"(B) 70 percent of the total cost of a project carried out by an eligible entity that has received at least 1 grant under this section.

"(c) Limitation on Revenue Collected.—Any revenue collected through a user-based alternative revenue mechanism established using funds provided under this section shall not be considered a toll under section 301 of title 23, United States Code.

"(d) Recommendations and Report.—Not later than 3 years after the date of enactment of this Act [Nov. 15, 2021], the Secretary, in coordination with the Secretary of the Treasury and the Federal System Funding Alternative Advisory Board established under section 13002(g)(1) [of Pub. L. 117–58, set out below], 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—

"(1) summarizes the results of the pilot projects under this section and the national pilot program under section 13002; and

"(2) provides recommendations, if applicable, to enable potential implementation of a nationwide user-based alternative revenue mechanism.

"(e) Funding.—

"(1) In general.—Of the funds made available to carry out section 503(b) of title 23, United States Code, for each of fiscal years 2022 through 2026[,] $15,000,000 shall be used for pilot projects under this section.

"(2) Flexibility.—If, by August 1 of each fiscal year, the Secretary determines that there are not enough grant applications to meet the requirements of this section for that fiscal year, the Secretary shall transfer to the national pilot program under section 13002 or to the highway research and development program under section 503(b) of title 23, United States Code—

"(A) any funds reserved for a fiscal year under paragraph (1) that the Secretary has not yet awarded under this section; and

"(B) an amount of obligation limitation equal to the amount of funds that the Secretary transfers under subparagraph (A)."

National Motor Vehicle Per-Mile User Fee Pilot

Pub. L. 117–58, div. A, title III, §13002, Nov. 15, 2021, 135 Stat. 624, provided that:

"(a) Definitions.—In this section:

"(1) Advisory board.—The term 'advisory board' means the Federal System Funding Alternative Advisory Board established under subsection (g)(1).

"(2) Commercial vehicle.—The term 'commercial vehicle' has the meaning given the term commercial motor vehicle in section 31101 of title 49, United States Code.

"(3) Highway trust fund.—The term 'Highway Trust Fund' means the Highway Trust Fund established under section 9503 of the Internal Revenue Code of 1986 [26 U.S.C. 9503].

"(4) Light truck.—The term 'light truck' has the meaning given the term in section 523.2 of title 49, Code of Federal Regulations (or successor regulations).

"(5) Medium- and heavy-duty truck.—The term 'medium- and heavy-duty truck' has the meaning given the term 'commercial medium- and heavy-duty on-highway vehicle' in section 32901(a) of title 49, United States Code.

"(6) Passenger motor vehicle.—The term 'passenger motor vehicle' has the meaning given the term in section 32101 of title 49, United States Code.

"(7) Per-mile user fee.—The term 'per-mile user fee' means a revenue mechanism that—

"(A) is applied to road users operating motor vehicles on the surface transportation system; and

"(B) is based on the number of vehicle miles traveled by an individual road user.

"(8) Pilot program.—The term 'pilot program' means the pilot program established under subsection (b)(1).

"(9) Volunteer participant.—The term 'volunteer participant' means—

"(A) an owner or lessee of a private, personal motor vehicle who volunteers to participate in the pilot program;

"(B) a commercial vehicle operator who volunteers to participate in the pilot program; or

"(C) an owner of a motor vehicle fleet who volunteers to participate in the pilot program.

"(b) Establishment.—

"(1) In general.—The Secretary [of Transportation], in coordination with the Secretary of the Treasury, and consistent with the recommendations of the advisory board, shall establish a pilot program to demonstrate a national motor vehicle per-mile user fee—

"(A) to restore and maintain the long-term solvency of the Highway Trust Fund; and

"(B) to improve and maintain the surface transportation system.

"(2) Objectives.—The objectives of the pilot program are—

"(A) to test the design, acceptance, implementation, and financial sustainability of a national motor vehicle per-mile user fee;

"(B) to address the need for additional revenue for surface transportation infrastructure and a national motor vehicle per-mile user fee; and

"(C) to provide recommendations relating to the adoption and implementation of a national motor vehicle per-mile user fee.

"(c) Parameters.—In carrying out the pilot program, the Secretary, in coordination with the Secretary of the Treasury, shall—

"(1) provide different methods that volunteer participants can choose from to track motor vehicle miles traveled;

"(2) solicit volunteer participants from all 50 States, the District of Columbia, and the Commonwealth of Puerto Rico;

"(3) ensure an equitable geographic distribution by population among volunteer participants;

"(4) include commercial vehicles and passenger motor vehicles; and

"(5) use components of and, where appropriate, coordinate with—

"(A) the States that received a grant under section 6020 of the FAST Act ([former] 23 U.S.C. 503 note; Public Law 114–94) (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]); and

"(B) eligible entities that received a grant under section 13001 [of Pub. L. 117–58, set out above].

"(d) Methods.—

"(1) Tools.—In selecting the methods described in subsection (c)(1), the Secretary shall coordinate with entities that voluntarily provide to the Secretary for use under the pilot program any of the following vehicle-miles-traveled collection tools:

"(A) Third-party on-board diagnostic (OBD-II) devices.

"(B) Smart phone applications.

"(C) Telemetric data collected by automakers.

"(D) Motor vehicle data obtained by car insurance companies.

"(E) Data from the States that received a grant under section 6020 of the FAST Act ([former] 23 U.S.C. 503 note; Public Law 114–94) (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]).

"(F) Motor vehicle data obtained from fueling stations.

"(G) Any other method that the Secretary considers appropriate.

"(2) Coordination.—

"(A) Selection.—The Secretary shall determine which collection tools under paragraph (1) are selected for the pilot program.

"(B) Volunteer participants.—In a manner that the Secretary considers appropriate, the Secretary shall enable each volunteer participant to choose 1 of the selected collection tools under paragraph (1).

"(e) Motor Vehicle Per-mile User Fees.—For the purposes of the pilot program, the Secretary of the Treasury shall establish, on an annual basis, per-mile user fees for passenger motor vehicles, light trucks, and medium- and heavy-duty trucks, which amount may vary between vehicle types and weight classes to reflect estimated impacts on infrastructure, safety, congestion, the environment, or other related social impacts.

"(f) Volunteer Participants.—The Secretary, in coordination with the Secretary of the Treasury, shall—

"(1)(A) ensure, to the extent practicable, that the greatest number of volunteer participants participate in the pilot program; and

"(B) ensure that such volunteer participants represent geographically diverse regions of the United States, including from urban and rural areas; and

"(2) issue policies relating to the protection of volunteer participants, including policies that—

"(A) protect the privacy of volunteer participants; and

"(B) secure the data provided by volunteer participants.

"(g) Federal System Funding Alternative Advisory Board.—

"(1) In general.—Not later than 90 days after the date of enactment of this Act [Nov. 15, 2021], the Secretary shall establish an advisory board, to be known as the 'Federal System Funding Alternative Advisory Board', to assist with—

"(A) providing the Secretary with recommendations related to the structure, scope, and methodology for developing and implementing the pilot program;

"(B) carrying out the public awareness campaign under subsection (h); and

"(C) developing the report under subsection (n).

"(2) Membership.—The advisory board shall include, at a minimum, the following representatives and entities, to be appointed by the Secretary:

"(A) State departments of transportation.

"(B) Any public or nonprofit entity that led a surface transportation system funding alternatives pilot project under section 6020 of the FAST Act ([former] 23 U.S.C. 503 note; Public Law 114–94) (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]).

"(C) Representatives of the trucking industry, including owner-operator independent drivers.

"(D) Data security experts with expertise in personal privacy.

"(E) Academic experts on surface transportation systems.

"(F) Consumer advocates, including privacy experts.

"(G) Advocacy groups focused on equity.

"(H) Owners of motor vehicle fleets.

"(I) Owners and operators of toll facilities.

"(J) Tribal groups or representatives.

"(K) Any other representatives or entities, as determined appropriate by the Secretary.

"(3) Recommendations.—Not later than 1 year after the date on which the advisory board is established under paragraph (1), the advisory board shall provide the Secretary with the recommendations described in subparagraph (A) of that paragraph, which the Secretary shall use in implementing the pilot program.

"(h) Public Awareness Campaign.—

"(1) In general.—The Secretary, with guidance from the advisory board, may carry out a public awareness campaign to increase public awareness regarding a national motor vehicle per-mile user fee, including distributing information—

"(A) related to the pilot program;

"(B) from the State surface transportation system funding alternatives pilot program under section 6020 of the FAST Act ([former] 23 U.S.C. 503 note; Public Law 114–94) (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]); and

"(C) related to consumer privacy.

"(2) Considerations.—In carrying out the public awareness campaign under this subsection, the Secretary shall consider issues unique to each State.

"(i) Revenue Collection.—The Secretary of the Treasury, in coordination with the Secretary, shall establish a mechanism to collect motor vehicle per-mile user fees established under subsection (e) from volunteer participants, which—

"(1) may be adjusted as needed to address technical challenges; and

"(2) may allow independent and private third-party vendors to collect the motor vehicle per-mile user fees and forward such fees to the Treasury.

"(j) Agreement.—The Secretary may enter into an agreement with a volunteer participant containing such terms and conditions as the Secretary considers necessary for participation in the pilot program.

"(k) Limitation.—Any revenue collected through the mechanism established under subsection (i) shall not be considered a toll under section 301 of title 23, United States Code.

"(l) Highway Trust Fund.—The Secretary of the Treasury shall ensure that any revenue collected under subsection (i) is deposited into the Highway Trust Fund.

"(m) Payment.—Not more than 60 days after the end of each calendar quarter in which a volunteer participant has participated in the pilot program, the Secretary of the Treasury, in consultation with the Secretary of Transportation, shall estimate an amount of payment for each volunteer based on the vehicle miles submitted by the volunteer for the calendar quarter and issue such payment to such volunteer participant.

"(n) Report to Congress.—Not later than 1 year after the date on which volunteer participants begin participating in the pilot program, and each year thereafter for the duration of the pilot program, the Secretary and the Secretary of the Treasury 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 an analysis of—

"(1) whether the objectives described in subsection (b)(2) were achieved;

"(2) how volunteer participant protections in subsection (f)(2) were complied with;

"(3) whether motor vehicle per-mile user fees can maintain the long-term solvency of the Highway Trust Fund and improve and maintain the surface transportation system, which shall include estimates of administrative costs related to collecting such motor vehicle per mile user fees;

"(4) how the privacy of volunteers was maintained; and

"(5) equity impacts of the pilot program, including the impacts of the pilot program on low-income commuters.

"(o) Funding.—

"(1) In general.—Of the funds made available to carry out section 503(b) of title 23, United States Code, for each of fiscal years 2022 through 2026[,] $10,000,000 shall be used to carry out the pilot program under this section.

"(2) Excess funds.—Any excess funds remaining after carrying out the pilot program under this section shall be available to make grants for pilot projects under section 13001 [of Pub. L. 117–58, set out above]."

Data Integration Pilot Program

Pub. L. 117–58, div. A, title III, §13004, Nov. 15, 2021, 135 Stat. 629, provided that:

"(a) Establishment.—The Secretary [of Transportation] shall establish a pilot program—

"(1) to provide research and develop models that integrate, in near-real-time, data from multiple sources, including geolocated—

"(A) weather conditions;

"(B) roadway conditions;

"(C) incidents, work zones, and other nonrecurring events related to emergency planning; and

"(D) information from emergency responders; and

"(2) to facilitate data integration between the Department [of Transportation], the National Weather Service, and other sources of data that provide real-time data with respect to roadway conditions during or as a result of severe weather events, including, at a minimum—

"(A) winter weather;

"(B) heavy rainfall; and

"(C) tropical weather events.

"(b) Requirements.—In carrying out subsection (a)(1), the Secretary shall—

"(1) address the safety, resiliency, and vulnerability of the transportation system to disasters; and

"(2) develop tools for decisionmakers and other end-users who could use or benefit from the integrated data described in that subsection to improve public safety and mobility.

"(c) Treatment.—Except as otherwise provided in this section, the Secretary shall carry out activities under the pilot program under this section as if—

"(1) those activities were authorized under chapter 5 of title 23, United States Code; and

"(2) the funds made available to carry out the pilot program were made available under that chapter.

"(d) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2022 through 2026, to remain available until expended."

Emerging Technology Research Pilot Program

Pub. L. 117–58, div. A, title III, §13005, Nov. 15, 2021, 135 Stat. 629, provided that:

"(a) Establishment.—The Secretary [of Transportation] shall establish a pilot program to conduct emerging technology research in accordance with this section.

"(b) Activities.—The pilot program under this section shall include—

"(1) research and development activities relating to leveraging advanced and additive manufacturing technologies to increase the structural integrity and cost-effectiveness of surface transportation infrastructure; and

"(2) research and development activities (including laboratory and test track supported accelerated pavement testing research regarding the impacts of connected, autonomous, and platooned vehicles on pavement and infrastructure performance)—

"(A) to reduce the impact of automated and connected driving systems and advanced driver-assistance systems on pavement and infrastructure performance; and

"(B) to improve transportation infrastructure design in anticipation of increased usage of automated driving systems and advanced driver-assistance systems.

"(c) Treatment.—Except as otherwise provided in this section, the Secretary shall carry out activities under the pilot program under this section as if—

"(1) those activities were authorized under chapter 5 of title 23, United States Code; and

"(2) the funds made available to carry out the pilot program were made available under that chapter.

"(d) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 through 2026, to remain available until expended."

Open Challenge and Research Proposal Pilot Program

Pub. L. 117–58, div. A, title III, §13006(e), Nov. 15, 2021, 135 Stat. 638, provided that:

"(1) In general.—The Secretary [of Transportation] shall establish an open challenge and research proposal pilot program under which eligible entities may propose open highway challenges and research proposals that are linked to identified or potential research needs.

"(2) Requirements.—A research proposal submitted to the Secretary by an eligible entity shall address—

"(A) a research need identified by the Secretary or the Administrator of the Federal Highway Administration; or

"(B) an issue or challenge that the Secretary determines to be important.

"(3) Eligible entities.—An entity eligible to submit a research proposal under the pilot program under paragraph (1) is—

"(A) a State;

"(B) a unit of local government;

"(C) a university transportation center under section 5505 of title 49, United States Code;

"(D) a private nonprofit organization;

"(E) a private sector organization working in collaboration with an entity described in subparagraphs (A) through (D); and

"(F) any other individual or entity that the Secretary determines to be appropriate.

"(4) Project review.—The Secretary shall—

"(A) review each research proposal submitted under the pilot program under paragraph (1); and

"(B) provide to the eligible entity a written notice that—

"(i) if the research proposal is not selected—

"(I) notifies the eligible entity that the research proposal has not been selected for funding;

"(II) provides an explanation as to why the research proposal was not selected, including if the research proposal does not cover an area of need; and

"(III) if applicable, recommend that the research proposal be submitted to another research program and provide guidance and direction to the eligible entity and the proposed research program office; and

"(ii) if the research proposal is selected, notifies the eligible entity that the research proposal has been selected for funding.

"(5) Federal share.—

"(A) In general.—The Federal share of the cost of an activity carried out under this subsection shall not exceed 80 percent.

"(B) Non-federal share.—All costs directly incurred by the non-Federal partners, including personnel, travel, facility, and hardware development costs, shall be credited toward the non-Federal share of the cost of an activity carried out under this subsection."

Research on Connected Vehicle Technology

Pub. L. 117–58, div. B, title IV, §24219, Nov. 15, 2021, 135 Stat. 831, provided that: "The Administrator of the National Highway Traffic Safety Administration, in collaboration with the head of the Intelligent Transportation Systems Joint Program Office and the Administrator of the Federal Highway Administration, shall—

"(1) not later than 180 days after the date of enactment of this Act [Nov. 15, 2021], expand vehicle-to-pedestrian research efforts focused on incorporating bicyclists and other vulnerable road users into the safe deployment of connected vehicle systems; and

"(2) not later than 2 years after the date of enactment of this Act, submit to Congress and make publicly available a report describing the findings of the research efforts described in paragraph (1), including an analysis of the extent to which applications supporting vulnerable road users can be accommodated within existing spectrum allocations for connected vehicle systems."

Surface Transportation System Funding Alternatives

Pub. L. 114–94, div. A, title VI, §6020, Dec. 4, 2015, 129 Stat. 1582, which established a program to provide grants to States to demonstrate user-based alternative revenue mechanisms that utilize a user fee structure to maintain the long-term solvency of the Highway Trust Fund, was repealed by Pub. L. 117–58, div. A, title III, §13001(f)(1), Nov. 15, 2021, 135 Stat. 624.

High Performing Steel Bridge Research and Technology Transfer

Pub. L. 109–59, title V, §5202(c), Aug. 10, 2005, 119 Stat. 1786, provided that:

"(1) In general.—The Secretary [of Transportation] shall carry out a program to demonstrate the application of high-performing steel in the construction and rehabilitation of bridges.

"(2) Funding.—Of the amounts made available by section 5101(a)(1) of this Act [119 Stat. 1779], $4,100,000 for each of fiscal years 2006 through 2009 shall be available to carry out this subsection."

Steel Bridge Testing

Pub. L. 109–59, title V, §5202(d), Aug. 10, 2005, 119 Stat. 1787, provided that:

"(1) In general.—The Secretary [of Transportation] shall carry out a program to test steel bridges using a nondestructive technology that is able to detect growing cracks, including subsurface flaws as small as 0.010 inches in length or depth, in the bridges.

"(2) Funding.—Of the amounts made available by section 5101(a)(1) of this Act [119 Stat. 1779], $1,250,000 for each of fiscal years 2006 through 2009 shall be available to carry out this subsection.

"(3) Federal share.—The Federal share of the cost of activities carried out in accordance with this subsection shall be 80 percent."
23 U.S.C. § 313 (2024) — Title 23: HIGHWAYS / Chapter 3: GENERAL PROVISIONS / Section 313: Buy America
Buy America
Status: in_force

(a) Notwithstanding any other provision of law, the Secretary of Transportation shall not obligate any funds authorized to be appropriated to carry out the Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or this title and administered by the Department of Transportation, unless steel, iron, and manufactured products used in such project are produced in the United States.

(b) The provisions of subsection (a) of this section shall not apply where the Secretary finds—

(1) that their application would be inconsistent with the public interest;

(2) that such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

(3) that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent.

(c) For purposes of this section, in calculating components' costs, labor costs involved in final assembly shall not be included in the calculation.

(d) The Secretary of Transportation shall not impose any limitation or condition on assistance provided under the Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or this title that restricts any State from imposing more stringent requirements than this section on the use of articles, materials, and supplies mined, produced, or manufactured in foreign countries in projects carried out with such assistance or restricts any recipient of such assistance from complying with such State imposed requirements.

(e) Intentional Violations.—If it has been determined by a court or Federal agency that any person intentionally—

(1) affixed a label bearing a "Made in America" inscription, or any inscription with the same meaning, to any product used in projects to which this section applies, sold in or shipped to the United States that was not made in the United States; or

(2) represented that any product used in projects to which this section applies, sold in or shipped to the United States that was not produced in the United States, was produced in the United States;

that person shall be ineligible to receive any contract or subcontract made with funds authorized under the Intermodal Surface Transportation Efficiency Act of 1991 pursuant to the debarment, suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations.

(f) Limitation on Applicability of Waivers to Products Produced in Certain Foreign Countries.—If the Secretary, in consultation with the United States Trade Representative, determines that—

(1) a foreign country is a party to an agreement with the United States and pursuant to that agreement the head of an agency of the United States has waived the requirements of this section, and

(2) the foreign country has violated the terms of the agreement by discriminating against products covered by this section that are produced in the United States and are covered by the agreement,

the provisions of subsection (b) shall not apply to products produced in that foreign country.

(g) Waivers.—

(1) In general.—Not less than 15 days before issuing a waiver under this section, the Secretary shall provide to the public—

(A) notice of the proposed waiver;

(B) an opportunity for comment on the proposed waiver; and

(C) the reasons for the proposed waiver.

(2) Report.—Not less frequently than annually, 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 on the waivers provided under this section.

(h) Application to Highway Programs.—The requirements under this section shall apply to all contracts eligible for assistance under this chapter for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of such contracts, if at least 1 contract for the project is funded with amounts made available to carry out this title.

(Added and amended Pub. L. 109–59, title I, §1903(a), (c), Aug. 10, 2005, 119 Stat. 1464, 1465; Pub. L. 112–141, div. A, title I, §1518, July 6, 2012, 126 Stat. 574; Pub. L. 117–58, div. A, title I, §11513, Nov. 15, 2021, 135 Stat. 595.)

Editorial Notes

References in Text

The Surface Transportation Assistance Act of 1982, referred to in subsecs. (a) and (d), is Pub. L. 97–424, Jan. 6, 1983, 96 Stat. 2097. For complete classification of this Act to the Code, see Short Title of 1983 Amendment note set out under section 101 of this title and Tables.

The Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (e), is Pub. L. 102–240, Dec. 18, 1991, 105 Stat. 1914. For complete classification of this Act to the Code, see Short Title of 1991 Amendment note set out under section 101 of Title 49, Transportation, and Tables.

The National Environmental Policy Act of 1969, referred to in subsec. (h), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Codification

Section, as added by Pub. L. 109–59, consists of text of Pub. L. 97–424, title I, §165, Jan. 6, 1983, 96 Stat. 2136; Pub. L. 98–229, §10, Mar. 9, 1984, 98 Stat. 57; Pub. L. 100–17, title I, §§133(a)(6), 337(a)(1), (b), (c), Apr. 2, 1987, 101 Stat. 171, 241; Pub. L. 102–240, title I, §1048, title III, §3003(b), Dec. 18, 1991, 105 Stat. 1999, 2088; Pub. L. 103–272, §4(r), July 5, 1994, 108 Stat. 1371; Pub. L. 103–429, §7(a)(3)(E), Oct. 31, 1994, 108 Stat. 4389, which was formerly set out as a note under section 101 of this title, and was repealed by Pub. L. 109–59, title I, §1903(d), Aug. 10, 2005, 119 Stat. 1465.

Prior Provisions

A prior section 313, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 915, authorized the Secretary to cooperate with State highway departments and other agencies in the promotion of highway safety and authorized the expenditure of $150,000 out of the administrative funds made available in accordance with section 104(a) of this title for the purposes of this section, prior to repeal by Pub. L. 89–564, title I, §102(a), Sept. 9, 1966, 80 Stat. 734. See section 401 et seq. of this title.

Amendments

2021—Subsecs. (g), (h). Pub. L. 117–58 added subsec. (g) and redesignated former subsec. (g) as (h).

2012—Subsec. (g). Pub. L. 112–141 added subsec. (g).

2005—Subsec. (a). Pub. L. 109–59, §1903(c)(1), substituted "to carry out the Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or this title" for "by this Act or by any Act amended by this Act or, after the date of enactment of this Act, any funds authorized to be appropriated to carry out this Act, title 23, United States Code, or the Surface Transportation Assistance Act of 1978".

Subsec. (b)(3), (4). Pub. L. 109–59, §1903(c)(2), redesignated par. (4) as (3).

Subsec. (d). Pub. L. 109–59, §1903(c)(3), substituted "the Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or this title that" for "this Act, the Surface Transportation Assistance Act of 1978 or title 23, United States Code, which".

Subsec. (e) to (g). Pub. L. 109–59, §1903(c)(4), (5), which directed amendment of this section by striking subsec. (e) and redesignating subsecs. (f) and (g) as (e) and (f), respectively, was executed by making the redesignations and by striking out two subsecs. (e), to reflect the probable intent of Congress. The first subsec. (e) based on subsec. (e) of section 165 of Pub. L. 97–424, as originally enacted, repealed section 401 of the Surface Transportation Assistance Act of 1978, Pub. L. 95–599. The second subsec. (e) based on subsec. (e) of section 165 of Pub. L. 97–424, as added by Pub. L. 102–240, §1048(b), related to report on purchases from foreign entities waived under subsec. (b) in fiscal years 1992 and 1993.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Buy America Waiver Notification and Annual Reports

Pub. L. 118–42, div. F, title I, §122, Mar. 9, 2024, 138 Stat. 321, provided that: "Not less than 15 days prior to waiving, under his or her statutory authority, any Buy America requirement for Federal-aid highways projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided, That the Secretary shall post on a website any waivers granted under the Buy America requirements."

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 117–328, div. L, title I, §122, Dec. 29, 2022, 136 Stat. 5116.

Pub. L. 117–103, div. L, title I, §122, Mar. 15, 2022, 136 Stat. 704.

Pub. L. 116–260, div. L, title I, §122, Dec. 27, 2020, 134 Stat. 1841.

Pub. L. 116–94, div. H, title I, §122, Dec. 20, 2019, 133 Stat. 2951.

Pub. L. 116–6, div. G, title I, §122, Feb. 15, 2019, 133 Stat. 412.

Pub. L. 115–141, div. L, title I, §122, Mar. 23, 2018, 132 Stat. 986.

Pub. L. 115–31, div. K, title I, §123, May 5, 2017, 131 Stat. 741.

Pub. L. 114–113, div. L, title I, §122, Dec. 18, 2015, 129 Stat. 2847.

Pub. L. 113–235, div. K, title I, §122, Dec. 16, 2014, 128 Stat. 2708.

Pub. L. 113–76, div. L, title I, §122, Jan. 17, 2014, 128 Stat. 586.

Pub. L. 112–55, div. C, title I, §122, Nov. 18, 2011, 125 Stat. 654.

Pub. L. 111–117, div. A, title I, §123, Dec. 16, 2009, 123 Stat. 3048.

Pub. L. 111–8, div. I, title I, §126, Mar. 11, 2009, 123 Stat. 928.

Pub. L. 110–161, div. K, title I, §130, Dec. 26, 2007, 121 Stat. 2389.

Pub. L. 110–244, title I, §117, June 6, 2008, 122 Stat. 1607, provided that:

"(a) Waiver Notification.—

"(1) In general.—If the Secretary of Transportation makes a finding under section 313(b) of title 23, United States Code, with respect to a project, the Secretary shall—

"(A) publish in the Federal Register, before the date on which such finding takes effect, a detailed written justification as to the reasons that such finding is needed; and

"(B) provide notice of such finding and an opportunity for public comment on such finding for a period of not to exceed 60 days.

"(2) Limitation on statutory construction.—Nothing in paragraph (1) shall be construed to require the effective date of a finding referred to in paragraph (1) to be delayed until after the close of the public comment period referred to in paragraph (1)(B).

"(b) Annual Reports.—Not later than February 1 of each year beginning after the date of enactment of this Act [June 6, 2008], the Secretary shall 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 on the projects for which the Secretary made findings under section 313(b) of title 23, United States Code, during the preceding calendar year and the justifications for such findings."
23 U.S.C. § 207 (2024) — Title 23: HIGHWAYS / Chapter 2: OTHER HIGHWAYS / Section 207: Tribal transportation self-governance program
Tribal transportation self-governance program
Status: in_force

(a) Establishment.—Subject to the requirements of this section, the Secretary shall establish and carry out a program to be known as the tribal transportation self-governance program. The Secretary may delegate responsibilities for administration of the program as the Secretary determines appropriate.

(b) Eligibility.—

(1) In general.—Subject to paragraphs (2) and (3), an Indian tribe shall be eligible to participate in the program if the Indian tribe requests participation in the program by resolution or other official action by the governing body of the Indian tribe, and demonstrates, for the preceding 3 fiscal years, financial stability and financial management capability, and transportation program management capability.

(2) Criteria for determining financial stability and financial management capacity.—For the purposes of paragraph (1), evidence that, during the preceding 3 fiscal years, an Indian tribe had no uncorrected significant and material audit exceptions in the required annual audit of the Indian tribe's self-determination contracts or self-governance funding agreements with any Federal agency shall be conclusive evidence of the required financial stability and financial management capability.

(3) Criteria for determining transportation program management capability.—The Secretary shall require an Indian tribe to demonstrate transportation program management capability, including the capability to manage and complete projects eligible under this title and projects eligible under chapter 53 of title 49, to gain eligibility for the program.

(c) Compacts.—

(1) Compact required.—Upon the request of an eligible Indian tribe, and subject to the requirements of this section, the Secretary shall negotiate and enter into a written compact with the Indian tribe for the purpose of providing for the participation of the Indian tribe in the program.

(2) Contents.—A compact entered into under paragraph (1) shall set forth the general terms of the government-to-government relationship between the Indian tribe and the United States under the program and other terms that will continue to apply in future fiscal years.

(3) Amendments.—A compact entered into with an Indian tribe under paragraph (1) may be amended only by mutual agreement of the Indian tribe and the Secretary.

(d) Annual Funding Agreements.—

(1) Funding agreement required.—After entering into a compact with an Indian tribe under subsection (c), the Secretary shall negotiate and enter into a written annual funding agreement with the Indian tribe.

(2) Contents.—

(A) In general.—

(i) Formula funding and discretionary grants.—A funding agreement entered into with an Indian tribe shall authorize the Indian tribe, as determined by the Indian tribe, to plan, conduct, consolidate, administer, and receive full tribal share funding, tribal transit formula funding, and funding to tribes from discretionary and competitive grants administered by the Department for all programs, services, functions, and activities (or portions thereof) that are made available to Indian tribes to carry out tribal transportation programs and programs, services, functions, and activities (or portions thereof) administered by the Secretary that are otherwise available to Indian tribes.

(ii) Transfers of state funds.—

(I) Inclusion of transferred funds in funding agreement.—A funding agreement entered into with an Indian tribe shall include Federal-aid funds apportioned to a State under chapter 1 if the State elects to provide a portion of such funds to the Indian tribe for a project eligible under section 202(a). The provisions of this section shall be in addition to the methods for making funding contributions described in section 202(a)(9). Nothing in this section shall diminish the authority of the Secretary to provide funds to an Indian tribe under section 202(a)(9).

(II) Method for transfers.—If a State elects to provide funds described in subclause (I) to an Indian tribe—

(aa) the transfer may occur in accordance with section 202(a)(9); or

(bb) the State shall transfer the funds back to the Secretary and the Secretary shall transfer the funds to the Indian tribe in accordance with this section.

(III) Responsibility for transferred funds.—Notwithstanding any other provision of law, if a State provides funds described in subclause (I) to an Indian tribe—

(aa) the State shall not be responsible for constructing or maintaining a project carried out using the funds or for administering or supervising the project or funds during the applicable statute of limitations period related to the construction of the project; and

(bb) the Indian tribe shall be responsible for constructing and maintaining a project carried out using the funds and for administering and supervising the project and funds in accordance with this section during the applicable statute of limitations period related to the construction of the project.

(B) Administration of tribal shares.—The tribal shares referred to in subparagraph (A) shall be provided without regard to the agency or office of the Department within which the program, service, function, or activity (or portion thereof) is performed.

(C) Flexible and innovative financing.—

(i) In general.—A funding agreement entered into with an Indian tribe under paragraph (1) shall include provisions pertaining to flexible and innovative financing if agreed upon by the parties.

(ii) Terms and conditions.—

(I) Authority to issue regulations.—The Secretary may issue regulations to establish the terms and conditions relating to the flexible and innovative financing provisions referred to in clause (i).

(II) Terms and conditions in absence of regulations.—If the Secretary does not issue regulations under subclause (I), the terms and conditions relating to the flexible and innovative financing provisions referred to in clause (i) shall be consistent with—

(aa) agreements entered into by the Department under—

(AA) section 202(b)(7); and

(BB) section 202(d)(5), as in effect before the date of enactment of MAP–21 (Public Law 112–141); or

(bb) regulations of the Department of the Interior relating to flexible financing contained in part 170 of title 25, Code of Federal Regulations, as in effect on the date of enactment of the FAST Act.

(3) Terms.—A funding agreement shall set forth—

(A) terms that generally identify the programs, services, functions, and activities (or portions thereof) to be performed or administered by the Indian tribe; and

(B) for items identified in subparagraph (A)—

(i) the general budget category assigned;

(ii) the funds to be provided, including those funds to be provided on a recurring basis;

(iii) the time and method of transfer of the funds;

(iv) the responsibilities of the Secretary and the Indian tribe; and

(v) any other provision agreed to by the Indian tribe and the Secretary.

(4) Subsequent funding agreements.—

(A) Applicability of existing agreement.—Absent notification from an Indian tribe that the Indian tribe is withdrawing from or retroceding the operation of 1 or more programs, services, functions, or activities (or portions thereof) identified in a funding agreement, or unless otherwise agreed to by the parties, each funding agreement shall remain in full force and effect until a subsequent funding agreement is executed.

(B) Effective date of subsequent agreement.—The terms of the subsequent funding agreement shall be retroactive to the end of the term of the preceding funding agreement.

(5) Consent of indian tribe required.—The Secretary shall not revise, amend, or require additional terms in a new or subsequent funding agreement without the consent of the Indian tribe that is subject to the agreement unless such terms are required by Federal law.

(e) General Provisions.—

(1) Redesign and consolidation.—

(A) In general.—An Indian tribe, in any manner that the Indian tribe considers to be in the best interest of the Indian community being served, may—

(i) redesign or consolidate programs, services, functions, and activities (or portions thereof) included in a funding agreement; and

(ii) reallocate or redirect funds for such programs, services, functions, and activities (or portions thereof), if the funds are—

(I) expended on projects identified in a transportation improvement program approved by the Secretary; and

(II) used in accordance with the requirements in—

(aa) appropriations Acts;

(bb) this title and chapter 53 of title 49; and

(cc) any other applicable law.

(B) Exception.—Notwithstanding subparagraph (A), if, pursuant to subsection (d), an Indian tribe receives a discretionary or competitive grant from the Secretary or receives State apportioned funds, the Indian tribe shall use the funds for the purpose for which the funds were originally authorized.

(2) Retrocession.—

(A) In general.—

(i) Authority of indian tribes.—An Indian tribe may retrocede (fully or partially) to the Secretary programs, services, functions, or activities (or portions thereof) included in a compact or funding agreement.

(ii) Reassumption of remaining funds.—Following a retrocession described in clause (i), the Secretary may—

(I) reassume the remaining funding associated with the retroceded programs, functions, services, and activities (or portions thereof) included in the applicable compact or funding agreement;

(II) out of such remaining funds, transfer funds associated with Department of Interior programs, services, functions, or activities (or portions thereof) to the Secretary of the Interior to carry out transportation services provided by the Secretary of the Interior; and

(III) distribute funds not transferred under subclause (II) in accordance with applicable law.

(iii) Correction of programs.—If the Secretary makes a finding under subsection (f)(2)(B) and no funds are available under subsection (f)(2)(A)(ii), the Secretary shall not be required to provide additional funds to complete or correct any programs, functions, services, or activities (or portions thereof).

(B) Effective date.—Unless the Indian tribe rescinds a request for retrocession, the retrocession shall become effective within the timeframe specified by the parties in the compact or funding agreement. In the absence of such a specification, the retrocession shall become effective on—

(i) the earlier of—

(I) 1 year after the date of submission of the request; or

(II) the date on which the funding agreement expires; or

(ii) such date as may be mutually agreed upon by the parties and, with respect to Department of the Interior programs, functions, services, and activities (or portions thereof), the Secretary of the Interior.

(f) Provisions Relating to Secretary.—

(1) Decisionmaker.—A decision that relates to an appeal of the rejection of a final offer by the Department shall be made either—

(A) by an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental agency in which the decision that is the subject of the appeal was made; or

(B) by an administrative judge.

(2) Termination of compact or funding agreement.—

(A) Authority to terminate.—

(i) Provision to be included in compact or funding agreement.—A compact or funding agreement shall include a provision authorizing the Secretary, if the Secretary makes a finding described in subparagraph (B), to—

(I) terminate the compact or funding agreement (or a portion thereof); and

(II) reassume the remaining funding associated with the reassumed programs, functions, services, and activities included in the compact or funding agreement.

(ii) Transfers of funds.—Out of any funds reassumed under clause (i)(II), the Secretary may transfer the funds associated with Department of the Interior programs, functions, services, and activities (or portions thereof) to the Secretary of the Interior to provide continued transportation services in accordance with applicable law.

(B) Findings resulting in termination.—The finding referred to in subparagraph (A) is a specific finding of—

(i) imminent jeopardy to a trust asset, natural resources, or public health and safety that is caused by an act or omission of the Indian tribe and that arises out of a failure to carry out the compact or funding agreement, as determined by the Secretary; or

(ii) gross mismanagement with respect to funds or programs transferred to the Indian tribe under the compact or funding agreement, as determined by the Secretary in consultation with the Inspector General of the Department, as appropriate.

(C) Prohibition.—The Secretary shall not terminate a compact or funding agreement (or portion thereof) unless—

(i) the Secretary has first provided written notice and a hearing on the record to the Indian tribe that is subject to the compact or funding agreement; and

(ii) the Indian tribe has not taken corrective action to remedy the mismanagement of funds or programs or the imminent jeopardy to a trust asset, natural resource, or public health and safety.

(D) Exception.—

(i) In general.—Notwithstanding subparagraph (C), the Secretary, upon written notification to an Indian tribe that is subject to a compact or funding agreement, may immediately terminate the compact or funding agreement (or portion thereof) if—

(I) the Secretary makes a finding of imminent substantial and irreparable jeopardy to a trust asset, natural resource, or public health and safety; and

(II) the jeopardy arises out of a failure to carry out the compact or funding agreement.

(ii) Hearings.—If the Secretary terminates a compact or funding agreement (or portion thereof) under clause (i), the Secretary shall provide the Indian tribe subject to the compact or agreement with a hearing on the record not later than 10 days after the date of such termination.

(E) Burden of proof.—In any hearing or appeal involving a decision to terminate a compact or funding agreement (or portion thereof) under this paragraph, the Secretary shall have the burden of proof in demonstrating by clear and convincing evidence the validity of the grounds for the termination.

(g) Cost Principles.—In administering funds received under this section, an Indian tribe shall apply cost principles under the applicable Office of Management and Budget circular, except as modified by section 106 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5325), other provisions of law, or by any exemptions to applicable Office of Management and Budget circulars subsequently granted by the Office of Management and Budget. No other audit or accounting standards shall be required by the Secretary. Any claim by the Federal Government against the Indian tribe relating to funds received under a funding agreement based on any audit conducted pursuant to this subsection shall be subject to the provisions of section 106(f) of that Act (25 U.S.C. 5325(f)).

(h) Transfer of Funds.—The Secretary shall provide funds to an Indian tribe under a funding agreement in an amount equal to—

(1) the sum of the funding that the Indian tribe would otherwise receive for the program, function, service, or activity in accordance with a funding formula or other allocation method established under this title or chapter 53 of title 49; and

(2) such additional amounts as the Secretary determines equal the amounts that would have been withheld for the costs of the Bureau of Indian Affairs for administration of the program or project.

(i) Construction Programs.—

(1) Standards.—Construction projects carried out under programs administered by an Indian tribe with funds transferred to the Indian tribe pursuant to a funding agreement entered into under this section shall be constructed pursuant to the construction program standards set forth in applicable regulations or as specifically approved by the Secretary (or the Secretary's designee).

(2) Monitoring.—Construction programs shall be monitored by the Secretary in accordance with applicable regulations.

(j) Facilitation.—

(1) Secretarial interpretation.—Except as otherwise provided by law, the Secretary shall interpret all Federal laws, Executive orders, and regulations in a manner that will facilitate—

(A) the inclusion of programs, services, functions, and activities (or portions thereof) and funds associated therewith, in compacts and funding agreements; and

(B) the implementation of the compacts and funding agreements.

(2) Regulation waiver.—

(A) In general.—An Indian tribe may submit to the Secretary a written request to waive application of a regulation promulgated under this section with respect to a compact or funding agreement. The request shall identify the regulation sought to be waived and the basis for the request.

(B) Approvals and denials.—

(i) In general.—Not later than 90 days after the date of receipt of a written request under subparagraph (A), the Secretary shall approve or deny the request in writing.

(ii) Review.—The Secretary shall review any application by an Indian tribe for a waiver bearing in mind increasing opportunities for using flexible policy approaches at the Indian tribal level.

(iii) Deemed approval.—If the Secretary does not approve or deny a request submitted under subparagraph (A) on or before the last day of the 90-day period referred to in clause (i), the request shall be deemed approved.

(iv) Denials.—If the application for a waiver is not granted, the agency shall provide the applicant with the reasons for the denial as part of the written response required in clause (i).

(v) Finality of decisions.—A decision by the Secretary under this subparagraph shall be final for the Department.

(k) Disclaimers.—

(1) Existing authority.—Notwithstanding any other provision of law, upon the election of an Indian tribe, the Secretary shall—

(A) maintain current tribal transportation program funding agreements and program agreements; or

(B) enter into new agreements under the authority of section 202(b)(7).

(2) Limitation on statutory construction.—Nothing in this section may be construed to impair or diminish the authority of the Secretary under section 202(b)(7).

(l) Applicability of Indian Self-Determination and Education Assistance Act.—Except to the extent in conflict with this section (as determined by the Secretary), the following provisions of the Indian Self-Determination and Education Assistance Act shall apply to compact and funding agreements (except that any reference to the Secretary of the Interior or the Secretary of Health and Human Services in such provisions shall be treated as a reference to the Secretary of Transportation):

(1) Subsections (a), (b), (d), (g), and (h) of section 506 of such Act (25 U.S.C. 5386), relating to general provisions.

(2) Subsections (b) through (e) and (g) of section 507 of such Act (25 U.S.C. 5387), relating to provisions relating to the Secretary of Health and Human Services.

(3) Subsections (a), (b), (d), (e), (g), (h), (i), and (k) of section 508 of such Act (25 U.S.C. 5388), relating to transfer of funds.

(4) Section 510 of such Act (25 U.S.C. 5390), relating to Federal procurement laws and regulations.

(5) Section 511 of such Act (25 U.S.C. 5391), relating to civil actions.

(6) Subsections (a)(1), (a)(2), and (c) through (f) of section 512 of such Act (25 U.S.C. 5392), relating to facilitation, except that subsection (c)(1) of that section shall be applied by substituting "transportation facilities and other facilities" for "school buildings, hospitals, and other facilities".

(7) Subsections (a) and (b) of section 515 of such Act (25 U.S.C. 5395), relating to disclaimers.

(8) Subsections (a) and (b) of section 516 of such Act (25 U.S.C. 5396), relating to application of title I provisions.

(9) Section 518 of such Act (25 U.S.C. 5398), relating to appeals.

(m) Definitions.—

(1) In general.—In this section, the following definitions apply (except as otherwise expressly provided):

(A) Compact.—The term "compact" means a compact between the Secretary and an Indian tribe entered into under subsection (c).

(B) Department.—The term "Department" means the Department of Transportation.

(C) Eligible indian tribe.—The term "eligible Indian tribe" means an Indian tribe that is eligible to participate in the program, as determined under subsection (b).

(D) Funding agreement.—The term "funding agreement" means a funding agreement between the Secretary and an Indian tribe entered into under subsection (d).

(E) Indian tribe.—The term "Indian tribe" means any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. In any case in which an Indian tribe has authorized another Indian tribe, an intertribal consortium, or a tribal organization to plan for or carry out programs, services, functions, or activities (or portions thereof) on its behalf under this section, the authorized Indian tribe, intertribal consortium, or tribal organization shall have the rights and responsibilities of the authorizing Indian tribe (except as otherwise provided in the authorizing resolution or in this title). In such event, the term "Indian tribe" as used in this section shall include such other authorized Indian tribe, intertribal consortium, or tribal organization.

(F) Program.—The term "program" means the tribal transportation self-governance program established under this section.

(G) Secretary.—The term "Secretary" means the Secretary of Transportation.

(H) Transportation programs.—The term "transportation programs" means all programs administered or financed by the Department under this title and chapter 53 of title 49.

(2) Applicability of other definitions.—In this section, the definitions set forth in sections 4 and 501 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304; 5381) apply, except as otherwise expressly provided in this section.

(n) Regulations.—

(1) In general.—

(A) Promulgation.—Not later than 90 days after the date of enactment of the FAST Act, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and promulgate such regulations as are necessary to carry out this section.

(B) Publication of proposed regulations.—Proposed regulations to implement this section shall be published in the Federal Register by the Secretary not later than 42 months after such date of enactment.

(C) Expiration of authority.—The authority to promulgate regulations under subparagraph (A) shall expire 48 months after such date of enactment.

(D) Extension of deadlines.—A deadline set forth in subparagraph (B) or (C) may be extended up to 180 days if the negotiated rulemaking committee referred to in paragraph (2) concludes that the committee cannot meet the deadline and the Secretary so notifies the appropriate committees of Congress.

(2) Committee.—

(A) In general.—A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this subsection shall have as its members only Federal and tribal government representatives, a majority of whom shall be nominated by and be representatives of Indian tribes with funding agreements under this title.

(B) Requirements.—The committee shall confer with, and accommodate participation by, representatives of Indian tribes, inter-tribal consortia, tribal organizations, and individual tribal members.

(C) Adaptation of procedures.—The Secretary shall adapt the negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the United States and Indian tribes.

(3) Effect.—The lack of promulgated regulations shall not limit the effect of this section.

(4) Effect of circulars, policies, manuals, guidance, and rules.—Unless expressly agreed to by the participating Indian tribe in the compact or funding agreement, the participating Indian tribe shall not be subject to any agency circular, policy, manual, guidance, or rule adopted by the Department, except regulations promulgated under this section.

(Added Pub. L. 114–94, div. A, title I, §1121(a), Dec. 4, 2015, 129 Stat. 1359; amended Pub. L. 115–235, §1, Aug. 14, 2018, 132 Stat. 2443; Pub. L. 117–58, div. A, title I, §11525(o), Nov. 15, 2021, 135 Stat. 608.)

Editorial Notes

References in Text

The date of enactment of MAP–21, referred to in subsec. (d)(2)(C)(ii)(II)(aa)(BB), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title.

The date of enactment of the FAST Act, referred to in subsecs. (d)(2)(C)(ii)(II)(bb) and (n)(1)(A), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (l), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.

Prior Provisions

A prior section 207, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 908; Pub. L. 93–87, title I, §150, Aug. 13, 1973, 87 Stat. 275, provided for use of funds for construction and improvement of parkways, including acquisition of rights-of-way and related scenic easements, administration of such funds according to regulations jointly approved by the Secretary and the Secretary of the Interior, and that parkway projects on a Federal-aid system be subject to all requirements of this title and of any other law applicable to highways on such system, prior to repeal by Pub. L. 97–424, title I, §126(d), Jan. 6, 1983, 96 Stat. 2115.

Amendments

2021—Subsec. (g). Pub. L. 117–58, §11525(o)(1), substituted "(25 U.S.C. 5325)" for "(25 U.S.C. 450j–1)" and "(25 U.S.C. 5325(f))" for "(25 U.S.C. 450j–1(f))".

Subsec. (l)(1). Pub. L. 117–58, §11525(o(2)(A), substituted "(25 U.S.C. 5386)" for "(25 U.S.C. 458aaa–5)".

Subsec. (l)(2). Pub. L. 117–58, §11525(o)(2)(B), substituted "(25 U.S.C. 5387)" for "(25 U.S.C. 458aaa–6)".

Subsec. (l)(3). Pub. L. 117–58, §11525(o)(2)(C), substituted "(25 U.S.C. 5388)" for "(25 U.S.C. 458aaa–7)".

Subsec. (l)(4). Pub. L. 117–58, §11525(o)(2)(D), substituted "(25 U.S.C. 5390)" for "(25 U.S.C. 458aaa–9)".

Subsec. (l)(5). Pub. L. 117–58, §11525(o)(2)(E), substituted "(25 U.S.C. 5391)" for "(25 U.S.C. 458aaa–10)".

Subsec. (l)(6). Pub. L. 117–58, §11525(o)(2)(F), substituted "(25 U.S.C. 5392)" for "(25 U.S.C. 458aaa–11)".

Subsec. (l)(7). Pub. L. 117–58, §11525(o)(2)(G), substituted "(25 U.S.C. 5395)" for "(25 U.S.C. 458aaa–14)".

Subsec. (l)(8). Pub. L. 117–58, §11525(o)(2)(H), substituted "(25 U.S.C. 5396)" for "(25 U.S.C. 458aaa–15)".

Subsec. (l)(9). Pub. L. 117–58, §11525(o)(2)(I), substituted "(25 U.S.C. 5398)" for "(25 U.S.C. 458aaa–17)".

Subsec. (m)(2). Pub. L. 117–58, §11525(o)(3), substituted "501" for "505" and "(25 U.S.C. 5304; 5381)" for "(25 U.S.C. 450b; 458aaa)".

2018—Subsec. (n)(1)(B). Pub. L. 115–235, §1(1), substituted "42 months" for "21 months".

Subsec. (n)(1)(C). Pub. L. 115–235, §1(2), substituted "48 months" for "30 months".

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

Effective Date

Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
23 U.S.C. § 409 (2024) — Title 23: HIGHWAYS / Chapter 4: HIGHWAY SAFETY / Section 409: Renumbered §407
Renumbered §407
Status: renumbered

[§409. Renumbered §407]