Title 23 USCTitle 23 Online@118-34not31 yes OLRC 2023-12-19T11:26:52 USCConverter 1.7.2  Title 23 HIGHWAYS This title was enacted by Pub. L. 85767,  1 Aug. 27, 1958 72 Stat. 885 Current through 118-34not31    Chap. Sec.  1. Federal Aid Highways 1 1 101  2. Other Highways 201  3. General Provisions 301  4. Highway Safety 401  5. Research, Technology, and Education 501  6. Infrastructure Finance 601  Editorial Notes Amendments 2005 Pub. L. 10959, title I,  1602(e)(2) Aug. 10, 2005 119 Stat. 1248 1998 Pub. L. 105178, title V,  5101(1) June 9, 1998 112 Stat. 422 1966 Pub. L. 89564, title I,  102(b)(3) Sept. 9, 1966 80 Stat. 735       Table Showing Disposition of All Sections of Former Title  Title 23 Former Sections Title 23 New Sections  1 Rep. 2 101 2a 101(a) 2b 101(a) 3 Rep. 3a Rep. 3b Rep. 4 Rep. 5 Rep. 6 103(b), (e), 105(c), 121(c) 61 103(c) 6a 103(d) 6a1 105(d) 6a2 310 6b Rep. 6c Rep. 7 110(a) 8 109(a) 8a 109(a), 112(a) 9 301 9a 129(a) 9a1 Rep. 9b 129(a) 10 109(a) 10a Rep. 10b Rep. 10c Rep. 11 Rep. 12 105(a), 106(a), (c), 121(d) 12a 121(c) 12b Rep. 13 114(a) 131 112(b), (c) 13a Rep. 13b 103(d) 14 121(a), (b), (e) 14a Elim. 15 Rep. 16 Rep. 17 316 18 317(a)(c) 19 315 20 Rep. 20a Rep. 21 104(a), (b)(1) 211 307(a), (b) 21a 104(b), 105(a), 106(a), 114(a), 118(a), (c) 21a1 Rep. 21a2 Elim. 21b Rep. 21c 311 21d Rep. 21e 122 22 104(e) 23 101(a), 202(b), 204(a)(c), 205(a)(c) 23a Rep. 23b Rep. 23b1 Rep. 23c 205(c) 24 Rep. 24a 109(e) 25 Rep. 26 Rep. 41 101(a), 105(e) 41a 101(a), 103(b) 41b 101(a), 103(b) 42 Rep. 43 Rep. 44 Rep. 45 Elim. 46 See T. 18  1020 4753 Rep. 54 Elim. 54a Rep. 54b Elim. 55 126 55a Rep. 55b 126(b) 56 Rep. 57 314 58 Elim. 59 Elim. 59a Rep. 60 103(d) 61 307(c) 62 318 63 109(d) 64 320(a) 65 320(b) 66 320(c) 67 320(d) 68 320(e) 69 320(f) 70 313 71 303(a) 72 303 note 73 303(a) 101 Rep. 101a Rep. 102 Rep. 103 Rep. 104 Rep. 105 Rep. 106 210(a), (b) 107 Rep. 108 Rep. 109 Rep. 110 Rep. 111 Rep. 112 Rep. 113 Rep. 114 210(e) 115 308(a) 116 Rep. 117 312 151(a) 104 note 151(b), (c) 104(c), 117(a)(c), 118(b) 152 204(f), 205(d) 153 206(a), 207(a), 208(a), (b) 154 209(a) 155 203 156 101(b), 103(f), 104(b)(1), 116(d), 119(a), (b), 120(h) 157 103(d) 158(a) 101(b) 158(b) 101 note 158(c) 104(b)(4) 158(d) 104(b)(5) 158(d) 104 note 158(e) 120(c) 158(f), (g) 118(c) 158(h) 115 158(i) 109(b) 158(j) 127 158(k) 307 note 159 107 160 108 161 124 162 123 163 111 164 129(b)(d) 165 Elim. 166 113 167 101(b), 128(a), (b), 304 168 Elim. 169 (less last proviso) Rep. 169 (last proviso) Elim. 170 305 171 306 172 Rep. 173 120 note 174 307 note 175 Elim. Statutory Notes and Related Subsidiaries Citation Pub. L 85767,  1, Aug. 27, 1958 72 Stat. 885 Repeals Pub. L. 85767,  2 Aug. 27, 1958 72 Stat. 919 Construction Pub. L. 85767,  3 Aug. 27, 1958 72 Stat. 921  (a) If any provision of title 23, as enacted by section 1 of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the title and the application of the provision to other persons or circumstances shall not be affected thereby. (b) The provisions of this Act shall be subject to Reorganization Plan Numbered 5 of 1950 ( 64 Stat. 1263 Savings Provision Pub. L. 85767,  4 Aug. 27, 1958 72 Stat. 921 Any rights or liabilities now existing under prior Acts or portions thereof shall not be affected by the repeal of such prior Acts or portions under section 2 of this Act. Recodification of Title 23 Pub. L. 10459, title III,  357(a) Nov. 28, 1995 109 Stat. 625 The Secretary [of Transportation] shall, by March 31, 1997 Pub. L. 102240, title I,  1066 Dec. 18, 1991 105 Stat. 2006 Oct. 1, 1993 Pub. L. 10459, title III,  357(b) Nov. 28, 1995 109 Stat. 625 CHAPTER 1 FEDERAL-AID HIGHWAYS    Sec.  101 Definitions and declaration of policy.  102. Program efficiencies.  103. National Highway System.  104. Apportionment.  [ 105. Repealed.]  106. Project approval and oversight.  107. Acquisition of rights-of-wayInterstate System.  108. Advance acquisition of real property.  109. Standards.  [ 110. Repealed.]  111. Agreements relating to use of and access to rights-of-wayInterstate System.  112. Letting of contracts.  113. Prevailing rate of wage.  114. Construction.  115. Advance construction.  116. Maintenance.  117. Nationally significant multimodal freight and highway projects.  118. Availability of funds.  119. National highway performance program.  120. Federal share payable.  121. Payment to States for construction.  122. Payments to States for bond and other debt instrument financing.  123. Relocation of utility facilities.  124. Bridge investment program.  125. Emergency relief.  126. Transferability of Federal-aid highway funds.  127. Vehicle weight limitationsInterstate System.  128. Public hearings.  129. Toll roads, bridges, tunnels, and ferries.  130. Railway-highway crossings.  131. Control of outdoor advertising.  132. Payments on Federal-aid projects undertaken by a Federal agency.  133. Surface transportation block grant program.  134. Metropolitan transportation planning.  135. Statewide and nonmetropolitan transportation planning.  136. Control of junkyards.  137. Fringe and corridor parking facilities.  138. Preservation of parklands.  139. Efficient environmental reviews for project decisionmaking and One Federal Decision.  140 Nondiscrimination.  141. Enforcement of requirements.  142. Public transportation.  143. Highway use tax evasion projects.  144. National bridge and tunnel inventory and inspection standards.  145. Federal-State relationship.  146. Carpool and vanpool projects.  147. Construction of ferry boats and ferry terminal facilities.  148. Highway safety improvement program.  149. Congestion mitigation and air quality improvement program.  150. National goals and performance management measures.  151. National electric vehicle charging and hydrogen, propane, and natural gas fueling corridors.  152. Hazard elimination program.  153. Use of safety belts and motorcycle helmets.  154. Open container requirements.  [ 155. Repealed.]  156. Proceeds from the sale or lease of real property.  157. National Environmental Policy Act of 1969 reporting program.  158. National minimum drinking age.  159. Revocation or suspension of drivers licenses of individuals convicted of drug offenses.  [ 160. Repealed.]  161. Operation of motor vehicles by intoxicated minors.  162. National scenic byways program.  163. Safety incentives to prevent operation of motor vehicles by intoxicated persons.  164. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence.  165. Territorial and Puerto Rico highway program.  166. HOV facilities.  167. National highway freight program.  168. Integration of planning and environmental review.  169. Development of programmatic mitigation plans.  170. Funding flexibility for transportation emergencies.  171. Wildlife crossings pilot program.  172. Wildlife-vehicle collision reduction and habitat connectivity improvement.  173. Rural surface transportation grant program.  174. State human capital plans.  175. Carbon reduction program.  176. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program.  177. Neighborhood access and equity grant program.  178. Environmental review implementation funds.  179. Low-carbon transportation materials grants.  Editorial Notes Amendments 2022 Pub. L. 117169, title VI Aug. 16, 2022 136 Stat. 2083 2021 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 475 2015 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1337 Pub. L. 11494, div. A, title I,  1446(d)(2)(B) Dec. 4, 2015 129 Stat. 1438 section 1203(b) of Pub. L. 112141 July 6, 2012 Pub. L. 112141 2012 Pub. L. 112141, div. A, title I July 6, 2012 126 Stat. 427 Pub. L. 11494, div. A, title I,  1446(d)(2)(B) Dec. 4, 2015 129 Stat. 1438 2008 Pub. L. 110244, title I,  101(m)(3)(C) June 6, 2008 122 Stat. 1576 2005 Pub. L. 10959, title I,  1801(b) Aug. 10, 2005 119 Stat. 1456 Pub. L. 10959,  1602(e)(1) Pub. L. 10959, title I,  1602(b)(6)(A) Aug. 10, 2005 119 Stat. 1247 Pub. L. 10959, title I Aug. 10, 2005 119 Stat. 1165 1999 Pub. L. 106159, title I,  102(b) Dec. 9, 1999 113 Stat. 1753 1998 Pub. L. 105178, title I l Pub. L. 105206, title IX July 22, 1998 112 Stat. 834 Pub. L. 105178, title I June 9, 1998 112 Stat. 129 1995 Pub. L. 10459, title II,  205(d)(2) Nov. 28, 1995 109 Stat. 577 1991 Pub. L. 102240, title I Dec. 18, 1991 105 Stat. 1930 Pub. L. 102143, title III,  333(b) Oct. 28, 1991 105 Stat. 947 Pub. L. 101516,  333(b) 1990 Pub. L. 101516, title III,  333(b) Nov. 5, 1990 104 Stat. 2186 Pub. L. 102143, title III,  333(c) Oct. 28, 1991 105 Stat. 947 Section 333(d) of Pub. L. 102143 section 333 of Pub. L. 101516 1987 Pub. L. 10017, title I Apr. 2, 1987 101 Stat. 150 1984 Pub. L. 98363,  6(b) July 17, 1984 98 Stat. 437 1983 Pub. L. 97424, title I,  119(c) Jan. 6, 1983 96 Stat. 2111 Pub. L. 97424, title I,  150(b) Jan. 6, 1983 96 Stat. 2132 1978 Pub. L. 95599 Nov. 6, 1978 92 Stat. 2699 1976 Pub. L. 94280, title I May 5, 1976 90 Stat. 439441 1975 Pub. L. 93643 Jan. 4, 1975 88 Stat. 2284 1973 Pub. L. 9387, title I Aug. 13, 1973 87 Stat. 258 1970 Pub. L. 91605, title I Dec. 31, 1970 84 Stat. 1720 1968 Pub. L. 90495 Aug. 23, 1968 82 Stat. 820 1966 Pub. L. 89574 Sept. 13, 1966 80 Stat. 769 Pub. L. 89564, title I,  102(b)(1) Sept. 9, 1966 80 Stat. 734 1965 Pub. L. 89285, title I,  102 Oct. 22, 1965 79 Stat. 1030 Pub. L. 89139,  4(b) Aug. 28, 1965 79 Stat. 579 1962 Pub. L. 87866 Oct. 23, 1962 76 Stat. 1147 1960 Pub. L. 86657 July 14, 1960 74 Stat. 523  101. Definitions and declaration of policy (a)  Definitions In this title, the following definitions apply: (1)  Apportionment The term apportionment includes unexpended apportionments made under prior authorization laws. (2)  Asset management The term asset management means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3)  Carpool project The term carpool project means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4)  Construction The term construction means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bond costs and other costs relating to the issuance in accordance with section 122 of bonds or other debt financing instruments and costs incurred by the State in performing Federal-aid project related audits that directly benefit the Federal-aid highway program. Such term includes (A) preliminary engineering, engineering, and design-related services directly relating to the construction of a highway project, including engineering, design, project development and management, construction project management and inspection, surveying, assessing resilience, mapping (including the establishment of temporary and permanent geodetic control in accordance with specifications of the National Oceanic and Atmospheric Administration), and architectural-related services; (B) reconstruction, resurfacing, restoration, rehabilitation, and preservation; (C) acquisition of rights-of-way; (D) relocation assistance, acquisition of replacement housing sites, and acquisition and rehabilitation, relocation, and construction of replacement housing; (E) elimination of hazards of railway-highway grade crossings; (F) elimination of roadside hazards; (G) improvements that directly facilitate and control traffic flow, such as grade separation of intersections, widening of lanes, channelization of traffic, traffic control systems, and passenger loading and unloading areas; (H) improvements that reduce the number of wildlife-vehicle collisions, such as wildlife crossing structures; and (I) capital improvements that directly facilitate an effective vehicle weight enforcement program, such as scales (fixed and portable), scale pits, scale installation, and scale houses. (5)  County The term county includes corresponding units of government under any other name in States that do not have county organizations and, in those States in which the county government does not have jurisdiction over highways, any local government unit vested with jurisdiction over local highways. (6)  Federal-aid highway The term Federal-aid highway means a public highway eligible for assistance under this chapter other than a highway functionally classified as a local road or rural minor collector. (7)  Federal lands access transportation facility The term Federal Lands access transportation facility means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title or maintenance responsibility is vested in a State, county, town, township, tribal, municipal, or local government. (8)  Federal lands transportation facility The term Federal lands transportation facility means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title and maintenance responsibility is vested in the Federal Government, and that appears on the national Federal lands transportation facility inventory described in section 203(c). (9)  Forest development roads and trails The term forest development roads and trails means forest roads and trails under the jurisdiction of the Forest Service. (10)  Forest road or trail The term forest road or trail means a road or trail wholly or partly within, or adjacent to, and serving the National Forest System that is necessary for the protection, administration, and utilization of the National Forest System and the use and development of its resources. (11)  Highway The term highway includes (A) a road, street, and parkway; (B) a right-of-way, bridge, railroad-highway crossing, tunnel, drainage structure including public roads on dams, sign, guardrail, and protective structure, in connection with a highway; and (C) a portion of any interstate or international bridge or tunnel and the approaches thereto, the cost of which is assumed by a State transportation department, including such facilities as may be required by the United States Customs and Immigration Services in connection with the operation of an international bridge or tunnel. (12)  Interstate System The term Interstate System means the Dwight D. Eisenhower National System of Interstate and Defense Highways described in section 103(c). (13)  Maintenance The term maintenance means the preservation of the entire highway, including surface, shoulders, roadsides, structures, and such traffic-control devices as are necessary for safe and efficient utilization of the highway. (14)  Maintenance area The term maintenance area means an area that was designated as an air quality nonattainment area, but was later redesignated by the Administrator of the Environmental Protection Agency as an air quality attainment area, under section 107(d) of the Clean Air Act ( 42 U.S.C. 7407(d) (15)  National highway freight network The term National Highway Freight Network means the National Highway Freight Network established under section 167. (16)  National Highway System The term National Highway System means the Federal-aid highway system described in section 103(b). (17)  Natural infrastructure The term natural infrastructure means infrastructure that uses, restores, or emulates natural ecological processes and (A) is created through the action of natural physical, geological, biological, and chemical processes over time; (B) is created by human design, engineering, and construction to emulate or act in concert with natural processes; or (C) involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, and for other related purposes. (18)  Operating costs for traffic monitoring, management, and control The term operating costs for traffic monitoring, management, and control includes labor costs, administrative costs, costs of utilities and rent, and other costs associated with the continuous operation of traffic control, such as integrated traffic control systems, incident management programs, and traffic control centers. (19)  Operational improvement The term operational improvement (A) means (i) a capital improvement for installation of traffic surveillance and control equipment, computerized signal systems, motorist information systems, integrated traffic control systems, incident management programs, and transportation demand management facilities, strategies, and programs, and (ii) such other capital improvements to public roads as the Secretary may designate, by regulation; and (B) does not include resurfacing, restoring, or rehabilitating improvements, construction of additional lanes, interchanges, and grade separations, and construction of a new facility on a new location. (20)  Project The term project means any undertaking eligible for assistance under this title. (21)  Project agreement The term project agreement means the formal instrument to be executed by the Secretary and the recipient as required by section 106. (22)  Public authority The term public authority means a Federal, State, county, town, or township, Indian tribe, municipal or other local government or instrumentality with authority to finance, build, operate, or maintain toll or toll-free facilities. (23)  Public road The term public road means any road or street under the jurisdiction of and maintained by a public authority and open to public travel. (24)  Resilience The term resilience, with respect to a project, means a project with the ability to anticipate, prepare for, or adapt to conditions or withstand, respond to, or recover rapidly from disruptions, including the ability (A) (i) to resist hazards or withstand impacts from weather events and natural disasters; or (ii) to reduce the magnitude or duration of impacts of a disruptive weather event or natural disaster on a project; and (B) to have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to weather events or other natural disasters. (25)  Rural areas The term rural areas means all areas of a State not included in urban areas. (26)  Safety improvement project The term safety improvement project means a strategy, activity, or project on a public road that is consistent with the State strategic highway safety plan and corrects or improves a roadway feature that constitutes a hazard to road users or addresses a highway safety problem. (27)  Secretary The term Secretary means Secretary of Transportation. (28)  State The term State means any of the 50 States, the District of Columbia, or Puerto Rico. (29)  State funds The term State funds includes funds raised under the authority of the State or any political or other subdivision thereof, and made available for expenditure under the direct control of the State transportation department. (30)  State strategic highway safety plan The term State strategic highway safety plan has the same meaning given such term in section 148(a). (31)  State transportation department The term State transportation department means that department, commission, board, or official of any State charged by its laws with the responsibility for highway construction. (32)  Transportation systems management and operations (A)  In general The term transportation systems management and operations means integrated strategies to optimize the performance of existing infrastructure through (i) the implementation of multimodal and intermodal, cross-jurisdictional systems, services, and projects designed to preserve capacity and improve security, safety, and reliability of the transportation system; and (ii) the consideration of incorporating natural infrastructure. (B)  Inclusions The term transportation systems management and operations includes (i) actions such as traffic detection and surveillance, corridor management, freeway management, arterial management, active transportation and demand management, work zone management, emergency management, traveler information services, congestion pricing, parking management, automated enforcement, traffic control, commercial vehicle operations, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian operations; and (ii) coordination of the implementation of regional transportation system management and operations investments (such as traffic incident management, traveler information services, emergency management, roadway weather management, intelligent transportation systems, communication networks, and information sharing systems) requiring agreements, integration, and interoperability to achieve targeted system performance, reliability, safety, and customer service levels. (33)  Tribal transportation facility The term tribal transportation facility means a public highway, road, bridge, trail, or transit system that is located on or provides access to tribal land and appears on the national tribal transportation facility inventory described in section 202(b)(1). (34)  Truck stop electrification system The term truck stop electrification system means a system that delivers heat, air conditioning, electricity, or communications to a heavy-duty vehicle. (35)  Urban area The term urban area means an urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized area in each such State, or urban place as designated by the Bureau of the Census having a population of 5,000 or more and not within any urbanized area, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall encompass, at a minimum, the entire urban place designated by the Bureau of the Census, except in the case of cities in the State of Maine and in the State of New Hampshire. (36)  Urbanized area The term urbanized area means an area with a population of 50,000 or more designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall encompass, at a minimum, the entire urbanized area within a State as designated by the Bureau of the Census. (b)  Declaration of Policy. (1)  Acceleration of construction of federal-aid highway systems Congress declares that it is in the national interest to accelerate the construction of Federal-aid highway systems, including the Dwight D. Eisenhower National System of Interstate and Defense Highways, because many of the highways (or portions of the highways) are inadequate to meet the needs of local and interstate commerce for the national and civil defense. (2)  Completion of interstate system Congress declares that the prompt and early completion of the Dwight D. Eisenhower National System of Interstate and Defense Highways (referred to in this section as the Interstate System), so named because of its primary importance to the national defense, is essential to the national interest. It is the intent of Congress that the Interstate System be completed as nearly as practicable over the period of availability of the forty years appropriations authorized for the purpose of expediting its construction, reconstruction, or improvement, inclusive of necessary tunnels and bridges, through the fiscal year ending September 30, 1996 70 Stat. 374 (3)  Transportation needs of 21st century Congress declares that (A) it is in the national interest to preserve and enhance the surface transportation system to meet the needs of the United States for the 21st Century; (B) the current urban and long distance personal travel and freight movement demands have surpassed the original forecasts and travel demand patterns are expected to continue to change; (C) continued planning for and investment in surface transportation is critical to ensure the surface transportation system adequately meets the changing travel demands of the future; (D) among the foremost needs that the surface transportation system must meet to provide for a strong and vigorous national economy are safe, efficient, resilient, and reliable (i) national and interregional personal mobility (including personal mobility in rural and urban areas) and reduced congestion; (ii) flow of interstate and international commerce and freight transportation; and (iii) travel movements essential for national security; (E) special emphasis should be devoted to providing safe and efficient access for the type and size of commercial and military vehicles that access designated National Highway System intermodal freight terminals; (F) the connection between land use and infrastructure is significant; (G) transportation should play a significant role in promoting economic growth, improving the environment, and sustaining the quality of life; and (H) the Secretary should take appropriate actions to preserve and enhance the Interstate System to meet the needs of the 21st Century. (4)  Expedited project delivery (A)  In general Congress declares that it is in the national interest to expedite the delivery of surface transportation projects by substantially reducing the average length of the environmental review process. (B)  Policy of the united states Accordingly, it is the policy of the United States that (i) the Secretary shall have the lead role among Federal agencies in carrying out the environmental review process for surface transportation projects; (ii) each Federal agency shall cooperate with the Secretary to expedite the environmental review process for surface transportation projects; (iii) project sponsors shall not be prohibited from carrying out preconstruction project development activities concurrently with the environmental review process; (iv) programmatic approaches shall be used to reduce the need for project-by-project reviews and decisions by Federal agencies; and (v) the Secretary shall identify opportunities for project sponsors to assume responsibilities of the Secretary where such responsibilities can be assumed in a manner that protects public health, the environment, and public participation. (c) It is the sense of Congress that under existing law no part of any sums authorized to be appropriated for expenditure upon any Federal-aid highway which has been apportioned pursuant to the provisions of this title shall be impounded or withheld from obligation, for purposes and projects as provided in this title, by any officer or employee in the executive branch of the Federal Government, except such specific sums as may be determined by the Secretary of the Treasury, after consultation with the Secretary of Transportation, are necessary to be withheld from obligation for specific periods of time to assure that sufficient amounts will be available in the Highway Trust Fund to defray the expenditures which will be required to be made from such fund. (d) No funds authorized to be appropriated from the Highway Trust Fund shall be expended by or on behalf of any Federal department, agency, or instrumentality other than the Federal Highway Administration unless funds for such expenditure are identified and included as a line item in an appropriation Act and are to meet obligations of the United States heretofore or hereafter incurred under this title attributable to the construction of Federal-aid highways or highway planning, research, or development, or as otherwise specifically authorized to be appropriated from the Highway Trust Fund by Federal-aid highway legislation. (e) It is the national policy that to the maximum extent possible the procedures to be utilized by the Secretary and all other affected heads of Federal departments, agencies, and instrumentalities for carrying out this title and any other provision of law relating to the Federal highway programs shall encourage the substantial minimization of paperwork and interagency decision procedures and the best use of available manpower and funds so as to prevent needless duplication and unnecessary delays at all levels of government. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 885 Pub. L. 8670,  21(e)(1) June 25, 1959 73 Stat. 146 Pub. L. 86624,  17(a) July 12, 1960 74 Stat. 415 Pub. L. 87866,  6(a) Oct. 23, 1962 76 Stat. 1147 Pub. L. 88423,  3 Aug. 13, 1964 78 Stat. 397 Pub. L. 89574,  4(a) Sept. 13, 1966 80 Stat. 767 Pub. L. 90495 Aug. 23, 1968 82 Stat. 816 Pub. L. 91605, title I Dec. 31, 1970 84 Stat. 1714 Pub. L. 9387, title I Aug. 13, 1973 87 Stat. 253255 Pub. L. 93643,  102(b) Jan. 4, 1975 88 Stat. 2281 Pub. L. 94280, title I May 5, 1976 90 Stat. 430 Pub. L. 95599, title I,  106 Nov. 6, 1978 92 Stat. 2693 Pub. L. 97424, title I Jan. 6, 1983 96 Stat. 2115 Pub. L. 10017, title I Apr. 2, 1987 101 Stat. 135 Pub. L. 101427 Oct. 15, 1990 104 Stat. 927 Pub. L. 102240, title I Dec. 18, 1991 105 Stat. 1916 Pub. L. 10459, title III Nov. 28, 1995 109 Stat. 578 Pub. L. 105178, title I,  1201 June 9, 1998 112 Stat. 164 Pub. L. 10959, title I Aug. 10, 2005 119 Stat. 1196 Pub. L. 110244, title I,  101(h) June 6, 2008 122 Stat. 1574 Pub. L. 112141, div. A, title I July 6, 2012 126 Stat. 419 Pub. L. 11494, div. A, title I,  1103 Dec. 4, 2015 129 Stat. 1328 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 453  Editorial Notes  References in Text Section 108(b) of the Federal-Aid Highway Act of 1956 ( 70 Stat. 374 act June 29, 1956, ch. 462 70 Stat. 378 Amendments 2021Subsec. (a)(4)(A). Pub. L. 11758,  11103(1)(A) Subsec. (a)(4)(H), (I). Pub. L. 11758,  11103(1)(B) Subsec. (a)(17). Pub. L. 11758,  11103(3) Subsec. (a)(18) to (23). Pub. L. 11758,  11103(2) Subsec. (a)(24). Pub. L. 11758,  11103(4) Subsec. (a)(25) to (32). Pub. L. 11758,  11103(2) Subsec. (a)(32)(A). Pub. L. 11758,  11103(5) Subsec. (a)(33) to (36). Pub. L. 11758,  11103(2) Subsec. (b)(1). Pub. L. 11758,  11525(a) Subsec. (b)(3)(D). Pub. L. 11758,  11123(a) 2015Subsec. (a)(15) to (29). Pub. L. 11494 2012Subsec. (a)(2). Pub. L. 112141,  1103(a)(3) Subsec. (a)(3). Pub. L. 112141 Subsec. (a)(4). Pub. L. 112141,  1103(a)(2) Subsec. (a)(4)(A). Pub. L. 112141,  1103(a)(4)(B) Subsec. (a)(4)(B). Pub. L. 112141,  1103(a)(4)(C) Subsec. (a)(4)(E). Pub. L. 112141,  1103(a)(4)(D) Subsec. (a)(4)(F). Pub. L. 112141,  1103(a)(4)(E) Subsec. (a)(5). Pub. L. 112141,  1103(a)(2) Subsec. (a)(6). Pub. L. 112141,  1103(a)(2) Pub. L. 112141,  1103(a)(1) Subsec. (a)(7). Pub. L. 112141,  1103(a)(1) Subsec. (a)(8). Pub. L. 112141,  1103(a)(6) Subsec. (a)(9). Pub. L. 112141,  1103(a)(1) Subsec. (a)(11)(B). Pub. L. 112141,  1103(a)(7) Subsec. (a)(12). Pub. L. 112141,  1103(a)(1) Subsec. (a)(13). Pub. L. 112141,  1103(a)(2) Subsec. (a)(14). Pub. L. 112141,  1103(a)(2) Subsec. (a)(15) to (17). Pub. L. 112141,  1103(a)(2) Subsec. (a)(18). Pub. L. 112141,  1103(a)(2) Subsec. (a)(19). Pub. L. 112141,  1103(a)(2) Pub. L. 112141,  1103(a)(1) Subsec. (a)(20). Pub. L. 112141,  1103(a)(1) Subsec. (a)(21). Pub. L. 112141,  1103(a)(2) Subsec. (a)(22). Pub. L. 112141,  1103(a)(2) Subsec. (a)(23). Pub. L. 112141,  1103(a)(11) Pub. L. 112141,  1103(a)(2) Subsec. (a)(24). Pub. L. 112141,  1103(a)(1) Subsec. (a)(25), (26). Pub. L. 112141,  1103(a)(1) Subsec. (a)(27). Pub. L. 112141,  1103(a)(12) Subsec. (a)(28). Pub. L. 112141,  1103(a)(1) Subsec. (a)(29). Pub. L. 112141,  1103(a)(13) Pub. L. 112141,  1103(a)(2) Subsec. (a)(30) to (32). Pub. L. 112141,  1103(a)(2) Subsec. (a)(33) to (37). Pub. L. 112141,  1103(a)(2) Subsec. (a)(38), (39). Pub. L. 112141,  1103(a)(1) Subsec. (b)(4). Pub. L. 112141,  1301(c) Subsec. (c). Pub. L. 112141,  1103(b) 2008Subsec. (a)(39). Pub. L. 110244 2005Subsec. (a)(35). Pub. L. 10959,  1122(a) Subsec. (a)(38). Pub. L. 10959,  1122(b) Subsec. (b). Pub. L. 10959,  1909(a) 1998Subsec. (a). Pub. L. 105178 1995Subsec. (a). Pub. L. 10459,  311(b) Pub. L. 10459,  301(b)(1) Pub. L. 10459,  301(b)(2) 1991Subsec. (a). Pub. L. 102240,  1006(g)(1) section 103 of this title Pub. L. 102240,  1005(a) Pub. L. 102240,  1005(d)(3) Pub. L. 102240,  1005(d)(4) Pub. L. 102240,  1005(b) Pub. L. 102240,  1005(c) section 103 of this title Pub. L. 102240,  1005(d)(1) The term Federal-aid secondary system means the Federal-aid highway system described in subsection (c) of section 103 of this title The term Federal-aid urban system means the Federal-aid highway system described in subsection (d) of section 103 of this title Pub. L. 102240,  1005(e) Pub. L. 102240,  1005(g) Pub. L. 102240,  1005(f) Pub. L. 102240,  1007(c) Subsec. (b). Pub. L. 102240,  1001(g) 1990Subsec. (b). Pub. L. 101427 1987Subsec. (a). Pub. L. 10017,  108 Pub. L. 10017,  133(b)(2) Pub. L. 10017,  109 Pub. L. 10017,  133(b)(3) Subsec. (b). Pub. L. 10017,  102(b)(3) 1983Subsec. (a). Pub. L. 97424,  126(c)(1) January 31, 1931 46 Stat. 1053 Pub. L. 97424,  126(c)(2) Pub. L. 97424,  126(c)(3) Pub. L. 97424,  159 1978Subsec. (a). Pub. L. 95599,  106(a) Pub. L. 95599,  106(b)(1) Pub. L. 95599,  106(b)(2) Pub. L. 95599,  106(b)(3) Pub. L. 95599,  106(b)(4) 1976Subsec. (a). Pub. L. 94280,  108 Subsec. (b). Pub. L. 94280,  107(a) September 30, 1990 June 30, 1979 1975Subsec. (a). Pub. L. 93643 1973Subsec. (a). Pub. L. 9387,  105(1) Pub. L. 9387,  105(3) Pub. L. 9387,  152(1) Pub. L. 9387,  105(4) Pub. L. 9387,  105(2) Subsec. (b). Pub. L. 9387 June 30, 1979 June 30, 1976 Subsec. (e). Pub. L. 9387,  108 1970Subsec. (a). Pub. L. 91605 Subsec. (b). Pub. L. 91605,  104(a) June 30, 1976 June 30, 1974 Subsec. (c). Pub. L. 91605,  107 Subsec. (d). Pub. L. 91605,  107 March 4, 1915 section 686 of Title 31 1968Subsec. (a). Pub. L. 90495,  8 Subsec. (b). Pub. L. 90495,  4(a) June 30, 1974 June 30, 1972 Subsecs. (c), (d). Pub. L. 90495,  15 1966Subsec. (b). Pub. L. 89574 June 30, 1972 June 30, 1971 1964Subsec. (b). Pub. L. 88423 June 30, 1971 June 30, 1969 1962Subsec. (a). Pub. L. 87866 1960Subsec. (a). Pub. L. 86624 1959Subsec. (a). Pub. L. 8670 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Pub. L. 11758, div. A,  10003 Nov. 15, 2021 135 Stat. 443 Except as otherwise provided, this division [see Tables for classification] and the amendments made by this division take effect on October 1, 2021 Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective and Termination Dates of 2012 Amendment Pub. L. 112141,  3(a) July 6, 2012 126 Stat. 413 Except as otherwise provided, divisions A, B, C (other than sections 32603(d), 32603(g), 32912, and 34002 of that division) and E [see Tables for classification], including the amendments made by those divisions, take effect on October 1, 2012 Pub. L. 112141,  3(b) July 6, 2012 126 Stat. 413 Except as otherwise provided, any reference to the date of enactment of the MAP21 or to the date of enactment of the Federal Public Transportation Act of 2012 in the divisions described in subsection (a) [set out above] or in an amendment made by those divisions [see Tables for classification] shall be deemed to be a reference to the effective date of those divisions [ Oct. 1, 2012 Pub. L. 112140,  1(c) June 29, 2012 126 Stat. 391  On the date of enactment of the MAP21 [ Pub. L. 112141 July 6, 2012 (1) this Act [see Short Title of 2012 Amendment note below] and the amendments made by this Act shall cease to be effective; (2) the text of the laws amended by this Act shall revert back so as to read as the text read on the day before the date of enactment of this Act [ June 29, 2012 (3) the amendments made by the MAP21 [see Tables for classification] shall be executed as if this Act had not been enacted. Effective Date of 2008 Amendment Pub. L. 110244, title I,  121(a) June 6, 2008 122 Stat. 1608  (a)  In General Except as otherwise provided in this Act (including subsection (b)), this Act [see Tables for classification] and the amendments made by this Act take effect on the date of enactment of this Act [ June 6, 2008 (b)  Exception. (1)  In general The amendments made by this Act (other than the amendments made by sections 101(g), 101(m)(1)(H) [amending section 144 of this title Pub. L. 10959 o Public Law 10959 119 Stat. 1144 (A) take effect as of the date of enactment of that Act [ Aug. 10, 2005 (B) be treated as being included in that Act as of that date. (2)  Effect of amendments Each provision of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users ( Public Law 10959 119 Stat. 1144 June 6, 2008 o Effective Date of 1998 Amendment Pub. L. 105206, title IX,  9016 July 22, 1998 112 Stat. 868 This title [see Tables for classification] and the amendments made by this title shall take effect simultaneously with the enactment of the Transportation Equity Act for the 21st Century [ Pub. L. 105178 June 9, 1998 July 22, 1998 Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Effective Date of 1970 Amendment Pub. L. 91605, title I,  147 Dec. 31, 1970 84 Stat. 1739 The amendments made by section 117 [enacting section 510 of this title section 502 of this title section 506 of this title Dec. 31, 1970 Pub. L. 91646 84 Stat. 1894 Jan. 2, 1971 Pub. L. 91605 Dec. 31, 1970 Pub. L. 91605 Effective Date of 1968 Amendment Pub. L. 90495,  37 Aug. 23, 1968 82 Stat. 836 Pub. L. 91605, title I,  120 Dec. 31, 1970 84 Stat. 1725  (a) Except as otherwise provided in subsection (b) of this section, this Act and the amendments made by this Act [enacting sections 135, 139, 140, 141, and 501 to 511 of this title, amending this section, sections 103, 104, 108, 112, 113, 115, 116, 120, 125, 128, 129, 131, 135, 136, 138, 205, 319, and 402 of this title, section 636 of Title 15 section 133 of this title Aug. 23, 1968 July 1, 1970 July 1, 1970 Section 133 of title 23 July 1, 1970 (b) In the case of any State (1) which is required to amend its constitution to comply with sections 502, 505, 506, 507, and 508 of title 23, United States Code, and (2) which cannot submit the required constitutional amendment for ratification prior to July 1, 1970 July 1, 1970 July 1, 1972 Effective Date of 1959 Amendment Pub. L. 8670,  21(e) June 25, 1959 73 Stat. 146 July 1, 1959 Short Title of 2021 Amendment Pub. L. 11758,  1(a) Nov. 15, 2021 135 Stat. 429 This Act [see Tables for classification] may be cited as the Infrastructure Investment and Jobs Act. Pub. L. 11758, div. A,  10001 Nov. 15, 2021 135 Stat. 443 This division [see Tables for classification] may be cited as the Surface Transportation Reauthorization Act of 2021. Pub. L. 11752,  1 Oct. 31, 2021 135 Stat. 409 This Act [amending sections 9503, 9504, and 9508 of Title 26, Internal Revenue Code, enacting provisions set out as a note under section 9503 of Title 26 section 9503 of Title 26 Pub. L. 11744,  1 Oct. 2, 2021 135 Stat. 382 This Act [amending sections 9503, 9504, and 9508 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under this section and section 9503 of Title 26 Short Title of 2015 Amendment Pub. L. 11494,  1(a) Dec. 4, 2015 129 Stat. 1312 This Act [see Tables for classification] may be cited as the Fixing Americas Surface Transportation Act or the FAST Act. Pub. L. 11494, div. A, title VI,  6001 Dec. 4, 2015 129 Stat. 1561 This title [enacting section 519 of this title section 508 of this title Pub. L. 11487,  1(a) Nov. 20, 2015 129 Stat. 677 This Act [amending section 403 of this title section 777c of Title 16 Pub. L. 11473,  1(a) Oct. 29, 2015 129 Stat. 568 This Act [amending section 403 of this title section 777c of Title 16 section 20101 of Title 49 Pub. L. 11441,  1(a) July 31, 2015 129 Stat. 443 This Act [see Tables for classification] may be cited as the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015. Pub. L. 11421,  1(a) May 29, 2015 129 Stat. 218 This Act [amending section 403 of this title section 777c of Title 16 Short Title of 2014 Amendment Pub. L. 113159,  1(a) Aug. 8, 2014 128 Stat. 1839 This Act [amending section 403 of this title section 777c of Title 16 section 58c of Title 19 section 101 of this title section 1021 of Title 29 Short Title of 2012 Amendment Pub. L. 112141,  1(a) July 6, 2012 126 Stat. 405 This Act [see Tables for classification] may be cited as the Moving Ahead for Progress in the 21st Century Act or the MAP21. Pub. L. 112141, div. A, title II,  2001 July 6, 2012 126 Stat. 607 This title [amending sections 601 to 609 of this title] may be cited as the America Fast Forward Financing Innovation Act of 2012. Pub. L. 112141, div. C, title I,  31001 July 6, 2012 126 Stat. 732 This title [see Tables for classification] may be cited as the Motor Vehicle and Highway Safety Improvement Act of 2012 or Mariahs Act. Pub. L. 112141, div. E,  50001 July 6, 2012 126 Stat. 864 This division [see Tables for classification] may be cited as the Transportation Research and Innovative Technology Act of 2012. Pub. L. 112141, div. G,  110001 July 6, 2012 126 Stat. 980 This division [see Tables for classification] may be cited as the Surface Transportation Extension Act of 2012, Part II. Pub. L. 112140,  1(a) June 29, 2012 126 Stat. 391 This Act [amending section 327 of this title l section 327 of this title l section 9503 of Title 26 Pub. L. 112102,  1(a) Mar. 30, 2012 126 Stat. 271 This Act [amending sections 460 l l section 9503 of Title 26 Short Title of 2011 Amendment Pub. L. 11230,  1(a) Sept. 16, 2011 125 Stat. 342 This Act [amending sections 405 and 410 of this title, sections 460 l l Pub. L. 11230, title I,  101 Sept. 16, 2011 125 Stat. 343 This title [amending sections 405 and 410 of this title, sections 460 l l section 9503 of Title 26 Pub. L. 1125,  1(a) Mar. 4, 2011 125 Stat. 14 This Act [amending section 777c of Title 16 section 9503 of Title 26 section 901 of Title 2 Short Title of 2010 Amendment Pub. L. 111322, title II,  2001(a) Dec. 22, 2010 124 Stat. 3522 This title [amending sections 327 and 510 of this title, section 777c of Title 16 section 9503 of Title 26 section 901 of Title 2 Pub. L. 111147, title IV,  401 Mar. 18, 2010 124 Stat. 78 This title [amending sections 405 and 410 of this title, section 777c of Title 16 section 901 of Title 2 Short Title of 2008 Amendment Pub. L. 110244,  1(a) June 6, 2008 122 Stat. 1572 This Act [see Tables for classification] may be cited as the SAFETEALU Technical Corrections Act of 2008. Short Title of 2005 Amendment Pub. L. 10959,  1(a) Aug. 10, 2005 119 Stat. 1144 This Act [see Tables for classification] may be cited as the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users or SAFETEALU. Pub. L. 10942,  1 July 30, 2005 119 Stat. 435 This Act [amending section 9503 and 9504 of Title 26, Internal Revenue Code, and section 5338 of Title 49 section 9503 of Title 26 section 104 of this title Pub. L. 10940,  1 July 28, 2005 119 Stat. 410 This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16 section 13106 of Title 46 section 9503 of Title 26 Pub. L. 10937,  1 July 22, 2005 119 Stat. 394 This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16 section 13106 of Title 46 section 9503 of Title 26 Pub. L. 10935,  1 July 20, 2005 119 Stat. 379 This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16 section 13106 of Title 46 section 9503 of Title 26 Pub. L. 10920,  1 July 1, 2005 119 Stat. 346 This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16 section 13106 of Title 46 section 9503 of Title 26 Pub. L. 10914,  1 May 31, 2005 119 Stat. 324 This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16 section 13106 of Title 46 section 4481 of Title 26 Short Title of 2004 Amendment Pub. L. 108310,  1 Sept. 30, 2004 118 Stat. 1144 This Act [amending sections 144, 157, 163, 188, and 410 of this title, sections 900 and 901 of Title 2, The Congress, section 777c of Title 16 section 13106 of Title 46 section 104 of this title section 9503 of Title 26 section 5337 of Title 49 section 901 of Title 2 section 9503 of Title 26 Pub. L. 108280,  1 July 30, 2004 118 Stat. 876 This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16 section 13106 of Title 46 section 9503 of Title 26 section 5337 of Title 49 Pub. L. 108263,  1 June 30, 2004 118 Stat. 698 This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16 section 13106 of Title 46 section 9503 of Title 26 Pub. L. 108224,  1 Apr. 30, 2004 118 Stat. 627 This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16 section 13106 of Title 46 section 9503 of Title 26 Pub. L. 108202,  1 Feb. 29, 2004 118 Stat. 478 This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16 section 13106 of Title 46 section 9503 of Title 26 Short Title of 2003 Amendment Pub. L. 10888,  1 Sept. 30, 2003 117 Stat. 1110 This Act [amending sections 144, 157, 163, 188, and 410 of this title, sections 900 and 901 of Title 2, The Congress, section 777c of Title 16 section 13106 of Title 46 section 104 of this title section 9503 of Title 26 section 5337 of Title 49 section 901 of Title 2 Short Title of 1998 Amendment Pub. L. 105206, title IX,  9001 July 22, 1998 112 Stat. 834 This title [see Tables for classification] may be cited as the TEA 21 Restoration Act. Pub. L. 105178,  1(a) June 9, 1998 112 Stat. 107 This Act [see Tables for classification] may be cited as the Transportation Equity Act for the 21st Century. Pub. L. 105178, title I,  1501 June 9, 1998 112 Stat. 241 This chapter [chapter 1 ( 15011504) of subtitle E of title I of Pub. L. 105178 section 301 of Title 49 section 181 of this title Short Title of 1997 Amendment Pub. L. 105130,  1 Dec. 1, 1997 111 Stat. 2552 This Act [amending sections 104, 321, 326, and 410 of this title, sections 9503, 9504, and 9511 of Title 26, Internal Revenue Code, and sections 111, 5309, 5337, 5338, 30308, and 31104 of Title 49, Transportation, enacting provisions set out as notes under section 104 of this title section 9503 of Title 26 section 307 of this title Short Title of 1995 Amendment Pub. L. 10459,  1(a) Nov. 28, 1995 109 Stat. 568 This Act [enacting section 161 of this title section 154 of this title section 101 of this title section 403 of Title 16 section 7511a of Title 42 section 31136 of Title 49 section 101 of this title section 112 of this title Short Title of 1987 Amendment Pub. L. 10017,  1(a) Apr. 2, 1987 101 Stat. 132 This Act [enacting sections 151, 156, and 409 of this title, section 508 of Title 33 section 4604 of Title 42 l section 1761 of Title 18 section 4601 of Title 42 section 10922 of Title 49 section 526a of Title 33 Pub. L. 10017, title I,  101 Apr. 2, 1987 101 Stat. 134 This title [enacting sections 151, 156, and 409 of this title and section 508 of Title 33 section 1761 of Title 18 section 303 of Title 49 section 526a of Title 33 Short Title of 1983 Amendment Pub. L. 97424,  1 Jan. 6, 1983 96 Stat. 2097 That this Act [enacting section 157 of this title section 713c3 of Title 15 l section 1414 of Title 33 section 1273 of Title 46 section 713c3 of Title 15 section 602 of Title 42 Pub. L. 97424, title I,  101 Jan. 6, 1983 96 Stat. 2097 This title [enacting section 157 of this title Pub. L. 97327,  1 Oct. 15, 1982 96 Stat. 1611 That this Act [amending section 144 of this title section 130 of this title section 104 of this title Short Title of 1981 Amendment Pub. L. 97134,  13 Dec. 29, 1981 95 Stat. 1703 This Act [amending sections 104, 119, and 139 of this title and enacting provisions set out as notes under this section and section 104 of this title Short Title of 1978 Amendment Pub. L. 95599,  1 Nov. 6, 1978 92 Stat. 2689 That this Act [enacting sections 119, 146, and 407 of this title, and sections 16021, 1607, 1614, 1615, 1616, 1617 and 1618 of former Title 49, Transportation, amending this section, sections 103, 104, 105, 109, 111, 116, 118, 120, 122, 124, 125, 129, 131, 134, 141, 144, 148, 151, 152, 154, 155, 215, 217, 219, 320, 402, and 406 of this title, section 1418 of Title 15 l section 153 of this title section 6427 of Title 26 section 5904 of Title 42 section 883 of Title 46 Pub. L. 95599, title I,  101 Nov. 6, 1978 92 Stat. 2689 This title [enacting sections 119 and 146 of this title, amending this section, sections 103, 104, 105, 109, 111, 116, 118, 120, 122, 124, 125, 129, 131, 134, 141, 144, 148, 151, 152, 155, 203, 215, 217, 219, 320, and 406 of this title, and section 201 of former Title 40, Appendix, Public Buildings, Property and Works, repealing section 153 of this title section 1605 of Title 42 section 5904 of Title 42 section 883 of Title 46 Pub. L. 95599, title V,  501 Nov. 6, 1978 92 Stat. 2756 This title [amending section 460111 of Title 16 section 6427 of Title 26 Short Title of 1976 Amendment Pub. L. 94280, title I,  101 May 5, 1976 90 Stat. 425 This title [enacting section 156 of this title Short Title of 1974 Amendment Pub. L. 93643,  1 Jan. 4, 1975 88 Stat. 2281 That this Act [enacting sections 141, 154, 155, 219, and 406, amending this section and sections 103, 115, 127, 129, 131, 136, 144, 208, 320, 322, 323, and 405, enacting provisions set out as notes under this section, sections 142, 217, and 320, amending provisions set out as notes under this section and sections 130 and 142, and repealing provisions set out as a note under this section] may be cited as the Federal-Aid Highway Amendments of 1974. Short Title of 1973 Amendment Pub. L. 9387, title I,  101 Aug. 13, 1973 87 Stat. 250 This title [enacting sections 145 to 150, 217, 218, 323, and 324 of this title and section 1602a of former Title 49, Transportation, amending this section and sections 103 to 105, 108, 109, 114, 117, 121, 126, 129, 135, 140, 142, 143, 149, 207, 303, 307 to 310, 312, 314, and 320 of this title, and enacting provisions set out as notes under this section, sections 103, 104, 120, 130, 142, 218, 307, 319, and 320 of this title, and sections 1608 and 1637 of former Title 49] may be cited as the Federal-Aid Highway Act of 1973. Short Title of 1970 Amendment Pub. L. 91605, title I,  101 Dec. 31, 1970 84 Stat. 1713 This title [enacting sections 142, 143, 215, 216, 321, and 510 of this title, amending this section and sections 103, 104, 105, 106, 109, 120, 125, 128, 129, 131, 134, 135, 136, 139, 140, 303, 307, 320, 506, 511, 512 of this title and section 517 of Title 33 Short Title of 1968 Amendment Pub. L. 90495,  1 Aug. 23, 1968 82 Stat. 815 This Act [enacting sections 135, 139, 140, and 141 of this title, amending this section, sections 103, 104, 108, 112, 113, 115, 116, 120, 125, 128, 129, 131, 135, 136, 138, 205, 319, 402, and 501 to 512 of this title, section 636 of Title 15 section 133 of this title Short Title of 1966 Amendment Pub. L. 89574,  1 Sept. 13, 1966 80 Stat. 766 This Act [enacting sections 120 and 138 of this title, amending this section and sections 104, 109, 118, 120, 125, 131, 136, 302, and 319 of this title, and enacting provisions set out as notes under this section and sections 106, 108, 125, 133, and 137 of this title] may be cited as the Federal-Aid Highway Act of 1966. Short Title of 1965 Amendment Pub. L. 89285,  403 Oct. 22, 1965 79 Stat. 1033 This Act [enacting sections 136 of this title and provisions set out as notes under sections 131 and 135 of this title and amending sections 131 and 319 of this title] may be cited as the Highway Beautification Act of 1965. Short Title of 1964 Amendment Pub. L. 88423,  1 Aug. 13, 1964 78 Stat. 397 This Act [amending this section and sections 104, 205, 209, and 320 of this title] may be cited as the Federal-Aid Highway Act of 1964. Short Title of 1963 Amendment Pub. L. 88157,  1 Oct. 24, 1963 77 Stat. 276 That this Act [amending sections 104, 106, 109, 121, 131, and 307 of this title] may be cited as the Federal-Aid Highway Amendments Act of 1963. Short Title of 1962 Amendment Pub. L. 87866,  1 Oct. 23, 1962 76 Stat. 1145 This Act [enacting sections 133, 134 and 214 of this title, amending this section and sections 103, 104, 203, and 307 of this title, and enacting provisions set out as a note under section 307 of this title Short Title of 1961 Amendment Pub. L. 8761, title I,  101 June 29, 1961 75 Stat. 122 This Act [enacting section 6156 of Title 26 section 104 of this title section 4041 of Title 26 section 120 of this title Short Title of 1960 Amendment Pub. L. 86657,  1 July 14, 1960 74 Stat. 522 This Act [enacting section 132 of this title Short Title of 1959 Amendment Pub. L. 86342, title I,  101 Sept. 21, 1959 73 Stat. 611 This Act [amending sections 125, 131, 137, and 320 of this title, and sections 4041, 4081, 4082, 4226, 6412, 6416, and 6421 of Title 26, Internal Revenue Code, enacting notes set out under section 307 of this title section 4082 of Title 26 Separability Pub. L. 90495,  36 Aug. 23, 1968 82 Stat. 836 If any provision of this Act (including the amendments made by this Act) [enacting sections 135, 139, 140, 141, and 501511 of this title, amending this section, sections 103, 104, 108, 112, 113, 115, 116, 120, 125, 128, 129, 131, 135, 136, 138, 205, 319, and 402 of this title, section 636 of Title 15 section 133 of this title  Transfer of Functions Functions, powers, and duties of Secretary of Commerce and other officers and offices of Department of Commerce under this title and under specific related laws and parts of laws set out in the notes in this title relating generally to highways and highway and traffic safety transferred to and vested in Secretary of Transportation by Pub. L. 89670 Oct. 15, 1966 80 Stat. 931 section 102 of Title 49 Pub. L. 97449,  2 Jan. 12, 1983 96 Stat. 2439  Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8 Reconnecting Communities Pilot Program Pub. L. 11758, div. A, title I,  11509 Nov. 15, 2021 135 Stat. 588  (a)  Definition of Eligible Facility. (1)  In general In this section, the term eligible facility means a highway or other transportation facility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors. (2)  Inclusions In this section, the term eligible facility may include (A) a limited access highway; (B) a viaduct; and (C) any other principal arterial facility. (b)  Establishment The Secretary [of Transportation] shall establish a pilot program through which an eligible entity may apply for funding, in order to restore community connectivity (1) to study the feasibility and impacts of removing, retrofitting, or mitigating an existing eligible facility; (2) to conduct planning activities necessary to design a project to remove, retrofit, or mitigate an existing eligible facility; and (3) to conduct construction activities necessary to carry out a project to remove, retrofit, or mitigate an existing eligible facility. (c)  Planning Grants. (1)  Eligible entities The Secretary may award a grant (referred to in this section as a planning grant) to carry out planning activities described in paragraph (2) to (A) a State; (B) a unit of local government; (C) a Tribal government; (D) a metropolitan planning organization; and (E) a nonprofit organization. (2)  Eligible activities described The planning activities referred to in paragraph (1) are (A) planning studies to evaluate the feasibility of removing, retrofitting, or mitigating an existing eligible facility to restore community connectivity, including evaluations of (i) current traffic patterns on the eligible facility proposed for removal, retrofit, or mitigation and the surrounding street network; (ii) the capacity of existing transportation networks to maintain mobility needs; (iii) an analysis of alternative roadway designs or other uses for the right-of-way of the eligible facility, including an analysis of whether the available right-of-way would suffice to create an alternative roadway design; (iv) the effect of the removal, retrofit, or mitigation of the eligible facility on the mobility of freight and people; (v) the effect of the removal, retrofit, or mitigation of the eligible facility on the safety of the traveling public; (vi) the cost to remove, retrofit, or mitigate the eligible facility (I) to restore community connectivity; and (II) to convert the eligible facility to a different roadway design or use, compared to any expected costs for necessary maintenance or reconstruction of the eligible facility; (vii) the anticipated economic impact of removing, retrofitting, or mitigating and converting the eligible facility and any economic development opportunities that would be created by removing, retrofitting, or mitigating and converting the eligible facility; and (viii) the environmental impacts of retaining or reconstructing the eligible facility and the anticipated effect of the proposed alternative use or roadway design; (B) public engagement activities to provide opportunities for public input into a plan to remove and convert an eligible facility; and (C) other transportation planning activities required in advance of a project to remove, retrofit, or mitigate an existing eligible facility to restore community connectivity, as determined by the Secretary. (3)  Technical assistance program. (A)  In general The Secretary may provide technical assistance described in subparagraph (B) to an eligible entity. (B)  Technical assistance described The technical assistance referred to in subparagraph (A) is technical assistance in building organizational or community capacity (i) to engage in transportation planning; and (ii) to identify innovative solutions to infrastructure challenges, including reconnecting communities that (I) are bifurcated by eligible facilities; or (II) lack safe, reliable, and affordable transportation choices. (C)  Priorities In selecting recipients of technical assistance under subparagraph (A), the Secretary shall give priority to an application from a community that is economically disadvantaged. (4)  Selection The Secretary shall (A) solicit applications for (i) planning grants; and (ii) technical assistance under paragraph (3); and (B) evaluate applications for a planning grant on the basis of the demonstration by the applicant that (i) the eligible facility is aged and is likely to need replacement or significant reconstruction within the 20-year period beginning on the date of the submission of the application; (ii) the eligible facility (I) creates barriers to mobility, access, or economic development; or (II) is not justified by current and forecast future travel demand; and (iii) on the basis of preliminary investigations into the feasibility of removing, retrofitting, or mitigating the eligible facility to restore community connectivity, further investigation is necessary and likely to be productive. (5)  Award amounts A planning grant may not exceed $2,000,000 per recipient. (6)  Federal share The total Federal share of the cost of a planning activity for which a planning grant is used shall not exceed 80 percent. (d)  Capital Construction Grants. (1)  Eligible entities The Secretary may award a grant (referred to in this section as a capital construction grant) to the owner of an eligible facility to carry out an eligible project described in paragraph (3) for which all necessary feasibility studies and other planning activities have been completed. (2)  Partnerships An owner of an eligible facility may, for the purposes of submitting an application for a capital construction grant, if applicable, partner with (A) a State; (B) a unit of local government; (C) a Tribal government; (D) a metropolitan planning organization; or (E) a nonprofit organization. (3)  Eligible projects A project eligible to be carried out with a capital construction grant includes (A) the removal, retrofit, or mitigation of an eligible facility; and (B) the replacement of an eligible facility with a new facility that (i) restores community connectivity; and (ii) is (I) sensitive to the context of the surrounding community; and (II) otherwise eligible for funding under title 23, United States Code. (4)  Selection The Secretary shall (A) solicit applications for capital construction grants; and (B) evaluate applications on the basis of (i) the degree to which the project will improve mobility and access through the removal of barriers; (ii) the appropriateness of removing, retrofitting, or mitigating the eligible facility, based on current traffic patterns and the ability of the replacement facility and the regional transportation network to absorb transportation demand and provide safe mobility and access; (iii) the impact of the project on freight movement; (iv) the results of a cost-benefit analysis of the project; (v) the opportunities for inclusive economic development; (vi) the degree to which the eligible facility is out of context with the current or planned land use; (vii) the results of any feasibility study completed for the project; and (viii) the plan of the applicant for (I) employing residents in the area impacted by the project through targeted hiring programs, in partnership with registered apprenticeship programs, if applicable; and (II) contracting and subcontracting with disadvantaged business enterprises. (5)  Minimum award amounts A capital construction grant shall be in an amount not less than $5,000,000 per recipient. (6)  Federal share. (A)  In general Subject to subparagraph (B), a capital construction grant may not exceed 50 percent of the total cost of the project for which the grant is awarded. (B)  Maximum federal involvement Federal assistance other than a capital construction grant may be used to satisfy the non-Federal share of the cost of a project for which the grant is awarded, except that the total Federal assistance provided for a project for which the grant is awarded may not exceed 80 percent of the total cost of the project. (7)  Community advisory board. (A)  In general To help achieve inclusive economic development benefits with respect to the project for which a grant is awarded, a grant recipient may form a community advisory board, which shall (i) facilitate community engagement with respect to the project; and (ii) track progress with respect to commitments of the grant recipient to inclusive employment, contracting, and economic development under the project. (B)  Membership If a grant recipient forms a community advisory board under subparagraph (A), the community advisory board shall be composed of representatives of (i) the community; (ii) owners of businesses that serve the community; (iii) labor organizations that represent workers that serve the community; and (iv) State and local government. (e)  Reports. (1)  USDOT report on program Not later than January 1, 2026 (A) information about the level of applicant interest in planning grants, technical assistance under subsection (c)(3), and capital construction grants, including the extent to which overall demand exceeded available funds; and (B) for recipients of capital construction grants, the outcomes and impacts of the highway removal project, including (i) any changes in the overall level of mobility, congestion, access, and safety in the project area; and (ii) environmental impacts and economic development opportunities in the project area. (2)  GAO report on highway removals Not later than 2 years after the date of enactment of this Act [ Nov. 15, 2021 (A) identifies examples of projects to remove highways using Federal highway funds; (B) evaluates the effect of highway removal projects on the surrounding area, including impacts to the local economy, congestion effects, safety outcomes, and impacts on the movement of freight and people; (C) evaluates the existing Federal-aid program eligibility under title 23, United States Code, for highway removal projects; (D) analyzes the costs and benefits of and barriers to removing underutilized highways that are nearing the end of their useful life compared to replacing or reconstructing the highway; and (E) provides recommendations for integrating those assessments into transportation planning and decision-making processes. (f)  Technical Assistance Of the funds made available to carry out this section for planning grants, the Secretary may use not more than $15,000,000 during the period of fiscal years 2022 through 2026 to provide technical assistance under subsection (c)(3). (g)  Treatment of Projects Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code. Cybersecurity Tool; Cyber Coordinator Pub. L. 11758, div. A, title I,  11510 Nov. 15, 2021 135 Stat. 592  (a)  Definitions In this section: (1)  Administrator The term Administrator means the Administrator of the Federal Highway Administration. (2)  Cyber incident The term cyber incident has the meaning given the term incident in section 3552 of title 44 (3)  Transportation authority The term transportation authority means (A) a public authority (as defined in section 101(a) of title 23 (B) an owner or operator of a highway (as defined in section 101(a) of title 23 (C) a manufacturer that manufactures a product related to transportation; and (D) a division office of the Federal Highway Administration. (b)  Cybersecurity Tool. (1)  In general Not later than 2 years after the date of enactment of this Act [ Nov. 15, 2021 (2)  Requirements In developing the tool under paragraph (1), the Administrator shall (A) use the cybersecurity framework established by the National Institute of Standards and Technology and required by Executive Order 13636 of February 12, 2013 6 U.S.C. 121 (B) establish a structured cybersecurity assessment and development program; (C) coordinate with the Transportation Security Administration and the Cybersecurity and Infrastructure Security Agency; (D) consult with appropriate transportation authorities, operating agencies, industry stakeholders, and cybersecurity experts; and (E) provide for a period of public comment and review on the tool. (c)  Designation of Cyber Coordinator. (1)  In general Not later than 2 years after the date of enactment of this Act, the Administrator shall designate an office as a cyber coordinator, which shall be responsible for monitoring, alerting, and advising transportation authorities of cyber incidents. (2)  Requirements The office designated under paragraph (1) shall, in coordination with the Transportation Security Administration and the Cybersecurity and Infrastructure Security Agency (A) provide to transportation authorities a secure method of notifying the Federal Highway Administration of cyber incidents; (B) share the information collected under subparagraph (A) with the Transportation Security Administration and the Cybersecurity and Infrastructure Security Agency; (C) monitor cyber incidents that affect transportation authorities; (D) alert transportation authorities to cyber incidents that affect those transportation authorities; (E) investigate unaddressed cyber incidents that affect transportation authorities; and (F) provide to transportation authorities educational resources, outreach, and awareness on fundamental principles and best practices in cybersecurity for transportation systems. Federal Employee Compensation Following Highway Trust Fund Expiration Pub. L. 11744, title I,  108 Oct. 2, 2021 135 Stat. 386 Pub. L. 11752,  3 Oct. 31, 2021 135 Stat. 409  (a)  In General Each employee of the United States Government furloughed as a result of a covered lapse in Highway Trust Fund expenditure authority shall be paid for the period of the covered lapse, and each excepted employee who is required to perform work during a covered lapse shall be paid for such work, at the employees standard rate of pay, at the earliest date possible after the covered lapse ends, regardless of scheduled pay dates, and subject to availability of funds. (b)  Covered Lapse In this section, the term covered lapse in Highway Trust Fund expenditure authority means any lapse in authority to make expenditures from the Highway Trust Fund that begins on (1)  October 1, 2021 Oct. 2, 2021 (2)  November 1, 2021 Oct. 31, 2021 Extension of Federal Surface Transportation Programs Pub. L. 11744,  2 Oct. 2, 2021 135 Stat. 382 Pub. L. 11752,  2 Oct. 31, 2021 135 Stat. 409  SEC. 2. DEFINITIONS. In this Act [see Short Title of 2021 Amendment note set out above]: (1)  Covered law The term covered law means any of the following: (A) Titles I, II, III, IV, V, VI, VII, VIII, XI, and XXIV of the FAST Act ( Public Law 11494 129 Stat. 1312 (B) Division A, division B, subtitle A of title I and title II of division C, and division E of MAP21 ( Public Law 112141 126 Stat. 405 (C) Titles I, II, and III of the SAFETEALU Technical Corrections Act of 2008 ( Public Law 110244 122 Stat. 1572 (D) Titles I, II, III, IV, V, and VI of SAFETEALU ( Public Law 10959 119 Stat. 1144 (E) Titles I, II, III, IV, and V of the Transportation Equity Act for the 21st Century ( Public Law 105178 112 Stat. 107 (F) Titles II, III, and IV of the National Highway System Designation Act of 1995 ( Public Law 10459 109 Stat. 568 (G) Titles I, II, III, IV, V, and VI of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102240 105 Stat. 1914 (H) Title 23, United States Code. (I) Sections 116, 117, 330, 5128, 5505, and 24905 and chapters 53, 139, 303, 311, 313, 701, and 702 of title 49, United States Code. (J) Division B of the Continuing Appropriations Act, 2021 and Other Extensions Act ( Public Law 116159 134 Stat. 725 (2)  Extension end date The term extension end date means December 3, 2021 (3)  Extension fraction The term extension fraction means the quotient, expressed as a fraction, obtained by dividing (A) the number of days in the extension period; by (B) 365. (4)  Extension period The term extension period means the period that begins on October 1, 2021 (5)  Highway account The term Highway Account means the portion of the Highway Trust Fund that is not the Mass Transit Account. (6)  Mass transit account The term Mass Transit Account means the portion of the Highway Trust Fund established under section 9503(e)(1) of the Internal Revenue Code of 1986. (7)  Secretary The term Secretary means the Secretary of Transportation. (8)  State The term State means the 50 States and the District of Columbia. SEC. 101. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS. (a)  In General Except as otherwise provided in this Act, the requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under the covered laws, which would otherwise expire on or cease to apply after September 30, 2021 (b)  Authorization of Appropriations. (1)  Highway trust fund. (A)  Highway account There is authorized to be appropriated from the Highway Account for fiscal year 2022, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2021, an amount equal to the extension fraction of the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2021. (B)  Mass transit account There is authorized to be appropriated from the Mass Transit Account for fiscal year 2022, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2021, an amount equal to the extension fraction of the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2021. (2)  General fund There is authorized to be appropriated for fiscal year 2022, for each program under the covered laws with respect to which amounts are authorized to be appropriated for fiscal year 2021 from an account other than the Highway Account or the Mass Transit Account, an amount that is not less than the extension fraction of the amount authorized for appropriation with respect to the program under the covered laws for fiscal year 2021. (c)  Use of Funds. (1)  In general Except as described in paragraph (2), amounts authorized to be appropriated for fiscal year 2022 with respect to a program under subsection (b) shall be distributed, administered, limited, and made available for obligation in the same manner as amounts authorized to be appropriated with respect to the program for fiscal year 2021 under the covered laws. (2)  Apportionment to states. (A)  In general Notwithstanding subsections (c)(2) or (e)(1) of section 104 of title 23 (i) shall not apportion on October 1, 2021 (ii) shall not apportion such amounts before October 15, 2021 (B)  Programs described A program referred to in subparagraph (A)(i) is a program (i) for which amounts are authorized to be appropriated under subsection (b)(1)(A); and (ii) under which amounts described in clause (i) will be apportioned to States as described in section 104 of title 23 (C)  Notice to states Section 104(e)(2) of title 23 (d)  Obligation Limitation. (1)  In general Subject to paragraph (2), a program for which amounts are authorized to be appropriated under subsection (b)(1) shall be subject to a limitation on obligations for fiscal year 2022 in an amount equal to the extension fraction of the limitation on obligations for the program for fiscal year 2021 and in the same manner as the limitation applicable with respect to the program for fiscal year 2021. (2)  Federal-aid highways. (A)  In general In distributing a limitation on obligations for Federal-aid highways for qualifying programs, the Secretary (i) shall reserve, for qualifying programs, an amount of the limitation on obligations for Federal-aid highways equal to the amount calculated for the extension period for qualifying programs in effect on the date of enactment of this Act [ Oct. 2, 2021 (ii) if H.R. 3684 (117th Congress) is enacted, may distribute the amount determined under clause (i) among qualifying programs (including any qualifying programs established pursuant to such H.R. 3684) in a manner determined to be appropriate by the Secretary. (B)  Calculation Notwithstanding the enactment of H.R. 3684 (117th Congress), the Secretary shall calculate the amount under subparagraph (A)(i) in the manner described in section 120(a)(4) of division L of the Consolidated Appropriations Act, 2021 ( Public Law 116260 23 U.S.C. 104 (C)  Definition of qualifying program In this paragraph, the term qualifying program means a program for Federal-aid highways that is (i) allocated by the Secretary under (I) title 23, United States Code; (II) subsection (c)(1); or (III) H.R. 3684 (117th Congress), if enacted; or (ii) apportioned by the Secretary under section 202 or 204 of title 23, United States Code. Pub. L. 116159, div. B, title I,  1101 Oct. 1, 2020 134 Stat. 725  (a)  In General Except as otherwise provided in this division [amending sections 117 and 403 of this title, sections 9502 to 9504 and 9508 of Title 26, Internal Revenue Code, sections 14703 and 14704 of Title 40, Public Buildings, Property, and Works, former section 822 of Title 45 section 24321 of Title 49 September 30, 2020 September 30, 2021 (b)  Authorization of Appropriations. (1)  Highway trust fund. (A)  Highway account There is authorized to be appropriated from the Highway Account for fiscal year 2021, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2020. (B)  Mass transit account There is authorized to be appropriated from the Mass Transit Account for fiscal year 2021, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2020. (2)  General fund There is authorized to be appropriated for fiscal year 2021, for each program under the covered laws with respect to which amounts are authorized to be appropriated for fiscal year 2020 from an account other than the Highway Account or the Mass Transit Account, an amount that is not less than the amount authorized for appropriation with respect to the program under the covered laws for fiscal year 2020. (c)  Use of Funds Amounts authorized to be appropriated for fiscal year 2021 with respect to a program under subsection (b) shall be distributed, administered, limited, and made available for obligation in the same manner as amounts authorized to be appropriated with respect to the program for fiscal year 2020 under the covered laws. (d)  Obligation Limitation A program for which amounts are authorized to be appropriated under subsection (b)(1) shall be subject to a limitation on obligations for fiscal year 2021 in the same amount and in the same manner as the limitation applicable with respect to the program for fiscal year 2020. (e)  Definitions In this section: (1)  Covered laws The term covered laws means the following: (A) Titles I, II, III, IV, V, VI, VII, VIII, XI, and XXIV of the FAST Act ( Public Law 11494 (B) Division A, division B, subtitle A of title I and title II of division C, and division E of MAP21 ( Public Law 112141 (C) Titles I, II, and III of the SAFETEALU Technical Corrections Act of 2008 ( Public Law 110244 (D) Titles I, II, III, IV, V, and VI of SAFETEALU ( Public Law 10959 (E) Titles I, II, III, IV, and V of the Transportation Equity Act for the 21st Century ( Public Law 105178 (F) Titles II, III, and IV of the National Highway System Designation Act of 1995 ( Public Law 10459 (G) Titles I, II, III, IV, V, and VI of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102240 (H) Title 23, United States Code. (I) Sections 116, 117, 330, 5128, 5505, and 24905 and chapters 53, 139, 303, 311, 313, 701, and 702 of title 49, United States Code. (2)  Highway account The term Highway Account means the portion of the Highway Trust Fund that is not the Mass Transit Account. (3)  Mass transit account The term Mass Transit Account means the portion of the Highway Trust Fund established under section 9503(e)(1) of the Internal Revenue Code of 1986 [ 26 U.S.C. 9503(e)(1) Flexibility for Projects Pub. L. 11494, div. A, title I,  1420 Dec. 4, 2015 129 Stat. 1423 Pub. L. 11758, div. A, title I,  11306 Nov. 15, 2021 135 Stat. 532  (a)  Authority With respect to projects eligible for funding under title 23, United States Code, subject to subsection (b), on request by a State, and if in the public interest (as determined by the Secretary [of Transportation]), the Secretary shall exercise all existing flexibilities under (1) the requirements of title 23, United States Code; and (2) other requirements administered by the Secretary, in whole or in part. (b)  Maintaining Protections Nothing in this section (1) waives the requirements of section 113 or 138 of title 23, United States Code; (2) supersedes, amends, or modifies (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B) any requirement of title 23 or title 49, United States Code; or (3) affects the responsibility of any Federal officer to comply with or enforce any law or requirement described in this subsection. Productive and Timely Expenditure of Funds Pub. L. 11494, div. A, title I,  1421 Dec. 4, 2015 129 Stat. 1424  (a)  In General Not later than 1 year after the date of enactment of this Act [ Dec. 4, 2015 (b)  Implementation The Secretary shall work with States to ensure that any guidance developed under subsection (a) is consistently implemented by States and the Federal Highway Administration to (1) avoid unnecessary delays in completing projects; (2) minimize cost overruns; and (3) ensure the effective use of Federal funding. Use of Durable, Resilient, and Sustainable Materials and Practices Pub. L. 11494, div. A, title I,  1428 Dec. 4, 2015 129 Stat. 1426 To the extent practicable, the Secretary [of Transportation] shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials and other innovative technologies, in carrying out the activities of the Federal Highway Administration. Every Day Counts Initiative Pub. L. 11494, div. A, title I,  1444 Dec. 4, 2015 129 Stat. 1436  (a)  In General It is in the national interest for the Department [of Transportation], State departments of transportation, and all other recipients of Federal transportation funds (1) to identify, accelerate, and deploy innovation aimed at shortening project delivery, enhancing the safety of the roadways of the United States, and protecting the environment; (2) to ensure that the planning, design, engineering, construction, and financing of transportation projects is done in an efficient and effective manner; (3) to promote the rapid deployment of proven solutions that provide greater accountability for public investments and encourage greater private sector involvement; and (4) to create a culture of innovation within the highway community. (b)  Every Day Counts Initiative To advance the policy described in subsection (a), the Administrator of the Federal Highway Administration shall continue the Every Day Counts initiative to work with States, local transportation agencies, and industry stakeholders to identify and deploy proven innovative practices and products that (1) accelerate innovation deployment; (2) shorten the project delivery process; (3) improve environmental sustainability; (4) enhance roadway safety; and (5) reduce congestion. (c)  Innovation Deployment. (1)  In general At least every 2 years, the Administrator shall work collaboratively with stakeholders to identify a new collection of innovations, best practices, and data to be deployed to highway stakeholders through case studies, webinars, and demonstration projects. (2)  Requirements In identifying a collection described in paragraph (1), the Secretary shall take into account market readiness, impacts, benefits, and ease of adoption of the innovation or practice. (d)  Publication Each collection identified under subsection (c) shall be published by the Administrator on a publicly available Web site. Findings Pub. L. 113159,  2 Aug. 8, 2014 128 Stat. 1839  Congress finds that (1) the existing Highway Trust Fund system is unsustainable and unable to meet our Nations 21st century transportation needs; (2) MAP21 [ Pub. L. 112141 (3) these reforms should include the elimination of duplicative Federal regulations and increase the authority and responsibility of the States to safely and efficiently build, operate, and fund transportation systems that best serve the needs of their citizens, including the ability of each State to implement innovative solutions, while also maintaining the appropriate Federal role in transportation; and (4) Congress should enact and the President should sign a surface transportation reauthorization and reform bill prior to the expiration of this Act [probably means expiration of program extensions provided by Pub. L. 113159 Declaration of Policy and Project Delivery Initiative Pub. L. 112141, div. A, title I,  1301(a) July 6, 2012 126 Stat. 527  (a)  In General It is the policy of the United States that (1) it is in the national interest for the Department [of Transportation], State departments of transportation, transit agencies, and all other recipients of Federal transportation funds (A) to accelerate project delivery and reduce costs; and (B) to ensure that the planning, design, engineering, construction, and financing of transportation projects is done in an efficient and effective manner, promoting accountability for public investments and encouraging greater private sector involvement in project financing and delivery while enhancing safety and protecting the environment; (2) delay in the delivery of transportation projects increases project costs, harms the economy of the United States, and impedes the travel of the people of the United States and the shipment of goods for the conduct of commerce; and (3) the Secretary [of Transportation] shall identify and promote the deployment of innovation aimed at reducing the time and money required to deliver transportation projects while enhancing safety and protecting the environment. (b)  Project Delivery Initiative (1)  In general To advance the policy described in subsection (a), the Secretary [of Transportation] shall carry out a project delivery initiative under this section [amending this section and enacting this note]. (2)  Purposes The purposes of the project delivery initiative shall be (A) to develop and advance the use of best practices to accelerate project delivery and reduce costs across all modes of transportation and expedite the deployment of technology and innovation; (B) to implement provisions of law designed to accelerate project delivery; and (C) to select eligible projects for applying experimental features to test innovative project delivery techniques. (3)  Advancing the use of best practices (A)  In general In carrying out the initiative under this section, the Secretary shall identify and advance best practices to reduce delivery time and project costs, from planning through construction, for transportation projects and programs of projects regardless of mode and project size. (B)  Administration To advance the use of best practices, the Secretary shall (i) engage interested parties, affected communities, resource agencies, and other stakeholders to gather information regarding opportunities for accelerating project delivery and reducing costs; (ii) establish a clearinghouse for the collection, documentation, and advancement of existing and new innovative approaches and best practices; (iii) disseminate information through a variety of means to transportation stakeholders on new innovative approaches and best practices; and (iv) provide technical assistance to assist transportation stakeholders in the use of flexibility authority to resolve project delays and accelerate project delivery if feasible. (4)  Implementation of accelerated project delivery The Secretary shall ensure that the provisions of this subtitle [subtitle C ( 13011323) of title I of div. A of Pub. L. 112141 (A) expanding eligibility of early acquisition of property prior to completion of environmental review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B) allowing the use of the construction manager or general contractor method of contracting in the Federal-aid highway system; and (C) establishing a demonstration program to streamline the relocation process by permitting a lump-sum payment for acquisition and relocation if elected by the displaced occupant. Innovative Project Delivery Methods Policy Pub. L. 112141, div. A, title I,  1304(a) July 6, 2012 126 Stat. 532  (1)  In general Congress declares that it is in the national interest to promote the use of innovative technologies and practices that increase the efficiency of construction of, improve the safety of, and extend the service life of highways and bridges. (2)  Inclusions The innovative technologies and practices described in paragraph (1) include state-of-the-art intelligent transportation system technologies, elevated performance standards, and new highway construction business practices that improve highway safety and quality, accelerate project delivery, and reduce congestion related to highway construction. Report on Highway Trust Fund Expenditures Pub. L. 11494, div. A, title I,  1433 Dec. 4, 2015 129 Stat. 1430 Pub. L. 11758, div. A, title I,  11125(a) Nov. 15, 2021 135 Stat. 506 Pub. L. 112141, div. A, title I,  1535 July 6, 2012 126 Stat. 584  (a)  Initial Report Not later than 150 days after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112141 (b)  Updates Not later than 5 years after the date on which the report is submitted under subsection (a) and every 5 years thereafter, the Comptroller General of the United States shall submit to Congress a report that updates the information provided in the report under that subsection for the applicable 5-year period. (c)  Inclusions A report submitted under subsection (a) or (b) shall include information similar to the information included in the report of the Government Accountability Office numbered GAO09729R and entitled Highway Trust Fund Expenditures on Purposes Other Than Construction and Maintenance of Highways and Bridges During Fiscal Years 20042008. Projects of National and Regional Significance Pub. L. 10959, title I,  1301 Aug. 10, 2005 119 Stat. 1198 Pub. L. 110244, title I,  103(a) June 6, 2008 122 Stat. 1578 Pub. L. 112141, div. A, title I,  1120 July 6, 2012 126 Stat. 492 Pub. L. 11494, div. A, title I,  1105(c) Dec. 4, 2015 129 Stat. 1337 National Corridor Infrastructure Improvement Program Pub. L. 10959, title I,  1302 Aug. 10, 2005 119 Stat. 1204 Pub. L. 110244, title I June 6, 2008 122 Stat. 1573 Pub. L. 112141, div. A, title I,  1519(b)(2) July 6, 2012 126 Stat. 575 Delta Region Transportation Development Program Pub. L. 10959, title I,  1308 Aug. 10, 2005 119 Stat. 1218  (a)  In General The Secretary [of Transportation] shall carry out a program in the 8 States comprising the Delta Region (Alabama, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee) to (1) support and encourage multistate transportation planning and corridor development; (2) provide for transportation project development; (3) facilitate transportation decisionmaking; and (4) support transportation construction. (b)  Eligible Recipients A State transportation department or metropolitan planning organization in a Delta Region State may receive and administer funds provided under the program. (c)  Eligible Activities The Secretary [of Transportation] shall make allocations under the program for multistate highway planning, development, and construction projects. (d)  Other Provisions Regarding Eligibility All activities funded under this program shall be consistent with the continuing, cooperative, and comprehensive planning processes required by sections 134 and 135 of title 23, United States Code. (e)  Selection Criteria The Secretary [of Transportation] shall select projects to be carried out under the program based on (1) whether the project is located (A) in an area under the authority of the Delta Regional Authority; and (B) on a Federal-aid highway; (2) endorsement of the project by the State department of transportation; and (3) evidence of the ability of the recipient of funds provided under the program to complete the project. (f)  Program Priorities In administering the program, the Secretary [of Transportation] shall (1) encourage State and local officials to work together to develop plans for multimodal and multijurisdictional transportation decisionmaking; and (2) give priority to projects that emphasize multimodal planning, including planning for operational improvements that (A) increase the mobility of people and goods; (B) improve the safety of the transportation system with respect to catastrophic natural disasters or disasters caused by human activity; and (C) contribute to the economic vitality of the area in which the project is being carried out. (g)  Federal Share Amounts provided by the Delta Regional Authority to carry out a project under this subsection [probably means this section] may be applied to the non-Federal share of the project required by section 120 of title 23 (h)  Funding. (1)  In general There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $10,000,000 for each of fiscal years 2006 through 2009. (2)  Contract authority Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended. Motorcyclist Advisory Council Pub. L. 11494, div. A, title I,  1426 Dec. 4, 2015 129 Stat. 1426 Pub. L. 11758, div. B, title IV,  24111(c)(1) Nov. 15, 2021 135 Stat. 815 section 355 of Title 49 Pub. L. 10959, title I,  1914 Aug. 10, 2005 119 Stat. 1478  (a)  In General The Secretary [of Transportation], acting through the Administrator of the Federal Highway Administration, in consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, shall appoint a Motorcyclist Advisory Council to coordinate with and advise the Administrator on infrastructure issues of concern to motorcyclists, including (1) barrier design; (2) road design, construction, and maintenance practices; and (3) the architecture and implementation of intelligent transportation system technologies. (b)  Composition The Council shall consist of not more than 10 members of the motorcycling community with professional expertise in national motorcyclist safety advocacy, including (1) at least (A) one member recommended by a national motorcyclist association; (B) one member recommended by a national motorcycle riders foundation; (C) one representative of the National Association of State Motorcycle Safety Administrators; (D) two members of State motorcyclists organizations; (E) one member recommended by a national organization that represents the builders of highway infrastructure; (F) one member recommended by a national association that represents the traffic safety systems industry; and (G) one member of a national safety organization; and (2) at least one, and not more than two, motorcyclists who are traffic system design engineers or State transportation department officials. National Corridor Planning and Development Program Pub. L. 105178, title I,  1118 June 9, 1998 112 Stat. 161  (a)  In General The Secretary shall establish and implement a program to make allocations to States and metropolitan planning organizations for coordinated planning, design, and construction of corridors of national significance, economic growth, and international or interregional trade. A State or metropolitan planning organization may apply to the Secretary for allocations under this section. (b)  Eligibility of Corridors The Secretary may make allocations under this section with respect to (1) high priority corridors identified in section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 [ Pub. L. 102240 105 Stat. 2032 (2) any other significant regional or multistate highway corridor not described in whole or in part in paragraph (1) selected by the Secretary after consideration of (A) the extent to which the annual volume of commercial vehicle traffic at the border stations or ports of entry of each State (i) has increased since the date of enactment of the North American Free Trade Agreement Implementation Act ( Public Law 103182 Dec. 8, 1993 (ii) is projected to increase in the future; (B) the extent to which commercial vehicle traffic in each State (i) has increased since the date of enactment of the North American Free Trade Agreement Implementation Act ( Public Law 103182 (ii) is projected to increase in the future; (C) the extent to which international truck-borne commodities move through each State; (D) the reduction in commercial and other travel time through a major international gateway or affected port of entry expected as a result of the proposed project including the level of traffic delays at at-grade highway crossings of major rail lines in trade corridors; (E) the extent of leveraging of Federal funds provided under this subsection, including (i) use of innovative financing; (ii) combination with funding provided under other sections of this Act [see Tables for classification] and title 23, United States Code; and (iii) combination with other sources of Federal, State, local, or private funding including State, local, and private matching funds; (F) the value of the cargo carried by commercial vehicle traffic, to the extent that the value of the cargo and congestion impose economic costs on the Nations economy; and (G) encourage or facilitate major multistate or regional mobility and economic growth and development in areas underserved by existing highway infrastructure. (c)  Purposes Allocations may be made under this section for 1 or more of the following purposes: (1) Feasibility studies. (2) Comprehensive corridor planning and design activities. (3) Location and routing studies. (4) Multistate and intrastate coordination for corridors described in subsection (b). (5) After review by the Secretary of a development and management plan for the corridor or a usable component thereof under subsection (b) (A) environmental review; and (B) construction. (d)  Corridor Development and Management Plan A State or metropolitan planning organization receiving an allocation under this section shall develop, and submit to the Secretary for review, a development and management plan for the corridor or a usable component thereof with respect to which the allocation is being made. Such plan shall include, at a minimum, the following elements: (1) A complete and comprehensive analysis of corridor costs and benefits. (2) A coordinated corridor development plan and schedule, including a timetable for completion of all planning and development activities, environmental reviews and permits, and construction of all segments. (3) A finance plan, including any innovative financing methods and, if the corridor is a multistate corridor, a State-by-State breakdown of corridor finances. (4) The results of any environmental reviews and mitigation plans. (5) The identification of any impediments to the development and construction of the corridor, including any environmental, social, political and economic objections. In the case of a multistate corridor, the Secretary shall encourage all States having jurisdiction over any portion of such corridor to participate in the development of such plan. (e)  Applicability of Title Funds made available by section 1101 of this Act [set out in part as a note below] to carry out this section and section 1119 [set out below] shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code. (f)  Coordination of Planning Planning with respect to a corridor under this section shall be coordinated with transportation planning being carried out by the States and metropolitan planning organizations along the corridor and, to the extent appropriate, with transportation planning being carried out by Federal land management agencies, by tribal governments, or by government agencies in Mexico or Canada. (g)  State Defined In this section, the term State has the meaning such term has under section 101 of title 23 Border Infrastructure Pub. L. 11494, div. A, title I,  1437 Dec. 4, 2015 129 Stat. 1432  (a)  In General After consultation with relevant transportation planning organizations, the Governor of a State that shares a land border with Canada or Mexico may designate for each fiscal year not more than 5 percent of the funds made available to the State under section 133(d)(1)(B) of title 23 23 U.S.C. 101 119 Stat. 1207 (b)  Use of Funds Funds designated under this section shall be available under the requirements of section 1303 of SAFETEALU ( 23 U.S.C. 101 119 Stat. 1207 (c)  Certification Before making a designation under subsection (a), the Governor shall certify that the designation is consistent with transportation planning requirements under title 23, United States Code. (d)  Notification Not later than 30 days after making a designation under subsection (a), the Governor shall submit to the relevant transportation planning organizations within the border region a written notification of any suballocated or distributed amount of funds available for obligation by jurisdiction. (e)  Limitation This section applies only to funds apportioned to a State after the date of enactment of this Act [ Dec. 4, 2015 (f)  Deadline for Designation A designation under subsection (a) shall (1) be submitted to the Secretary [of Transportation] not later than 30 days before the first day of the fiscal year for which the designation is being made; and (2) remain in effect for the funds designated under subsection (a) for a fiscal year until the Governor of the State notifies the Secretary of the termination of the designation. (g)  Unobligated Funds After Termination Effective beginning on the date of a termination under subsection (f)(2), all remaining unobligated funds that were designated under subsection (a) for the fiscal year for which the designation is being terminated shall be made available to the State for the purposes described in section 133(d)(1)(B) of title 23 Pub. L. 10959, title I,  1303 Aug. 10, 2005 119 Stat. 1207  (a)  General Authority The Secretary [of Transportation] shall implement a coordinated border infrastructure program under which the Secretary shall distribute funds to border States to improve the safe movement of motor vehicles at or across the border between the United States and Canada and the border between the United States and Mexico. (b)  Eligible Uses Subject to subsection (d), a State may use funds apportioned under this section only for (1) improvements in a border region to existing transportation and supporting infrastructure that facilitate cross-border motor vehicle and cargo movements; (2) construction of highways and related safety and safety enforcement facilities in a border region that facilitate motor vehicle and cargo movements related to international trade; (3) operational improvements in a border region, including improvements relating to electronic data interchange and use of telecommunications, to expedite cross border motor vehicle and cargo movement; (4) modifications to regulatory procedures to expedite safe and efficient cross border motor vehicle and cargo movements; and (5) international coordination of transportation planning, programming, and border operation with Canada and Mexico relating to expediting cross border motor vehicle and cargo movements. (c)  Apportionment of Funds On October 1 of each fiscal year, the Secretary [of Transportation] shall apportion among border States sums authorized to be appropriated to carry out this section for such fiscal year as follows: (1) 20 percent in the ratio that (A) the total number of incoming commercial trucks that pass through the land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to (B) the total number of incoming commercial trucks that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary. (2) 30 percent in the ratio that (A) the total number of incoming personal motor vehicles and incoming buses that pass through land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to (B) the total number of incoming personal motor vehicles and incoming buses that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary. (3) 25 percent in the ratio that (A) the total weight of incoming cargo by commercial trucks that pass through land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to (B) the total weight of incoming cargo by commercial trucks that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary. (4) 25 percent of the ratio that (A) the total number of land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to (B) the total number of land border ports of entry within the boundaries of all the border States, as determined by the Secretary. (d)  Projects in Canada or Mexico A project in Canada or Mexico, proposed by a border State to directly and predominantly facilitate cross-border motor vehicle and cargo movements at an international port of entry into the border region of the State, may be constructed using funds apportioned to the State under this section if, before obligation of those funds, Canada or Mexico, or the political subdivision of Canada or Mexico that is responsible for the operation of the facility to be constructed, provides assurances satisfactory to the Secretary [of Transportation] that any facility constructed under this subsection will be (1) constructed in accordance with standards equivalent to applicable standards in the United States; and (2) properly maintained and used over the useful life of the facility for the purpose for which the Secretary is allocating such funds to the project. (e)  Transfer of Funds to the General Services Administration. (1)  State funds At the request of a border State, funds apportioned to the State under this section may be transferred to the General Services Administration for the purpose of funding one or more projects described in subsection (b) if (A) the Secretary [of Transportation] determines, after consultation with the transportation department of the border State, that the General Services Administration should carry out the project; and (B) the General Services Administration agrees to accept the transfer of, and to administer, those funds in accordance with this section. (2)  Non-federal share. (A)  In general A border State that makes a request under paragraph (1) shall provide directly to the General Services Administration, for each project covered by the request, the non-Federal share of the cost of the project. (B)  No augmentation of appropriations Funds provided by a border State under subparagraph (A) (i) shall not be considered to be an augmentation of the appropriations made available to the General Services Administration; and (ii) shall be (I) administered, subject to paragraph (1)(B), in accordance with the procedures of the General Services Administration; but (II) available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code. (3)  Obligation authority Obligation authority shall be transferred to the General Services Administration for a project in the same manner and amount as the funds provided for the project under paragraph (1). (4)  Limitation on transfer of funds No State may transfer to the General Services Administration under this subsection an amount that is more than the lesser of (A) 15 percent of the aggregate amount of funds apportioned to the State under this section for such fiscal year; or (B) $5,000,000. (f)  Applicability of Title Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that, subject to subsection (e), such funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of a project under this section shall be determined in accordance with section 120 of such title. (g)  Definitions In this section, the following definitions apply: (1)  Border region The term border region means any portion of a border State within 100 miles of an international land border with Canada or Mexico. (2)  Border state The term border State means any State that has an international land border with Canada or Mexico. (3)  Commercial truck The term commercial truck means a commercial motor vehicle as defined in section 31301(4) (other than subparagraph (B)) of title 49, United States Code. (4)  Motor vehicle The term motor vehicle has the meaning such term has under section 101(a) of title 23 (5)  State The term State has the meaning such term has in section 101(a) of such title 23. Pub. L. 105178, title I,  1119 June 9, 1998 112 Stat. 163  (a)  General Authority The Secretary shall establish and implement a coordinated border infrastructure program under which the Secretary may make allocations to border States and metropolitan planning organizations for areas within the boundaries of 1 or more border States for projects to improve the safe movement of people and goods at or across the border between the United States and Canada and the border between the United States and Mexico. (b)  Eligible Uses Allocations to States and metropolitan planning organizations under this section may only be used in a border region for (1) improvements to existing transportation and supporting infrastructure that facilitate cross-border vehicle and cargo movements; (2) construction of highways and related safety and safety enforcement facilities that will facilitate vehicle and cargo movements related to international trade; (3) operational improvements, including improvements relating to electronic data interchange and use of telecommunications, to expedite cross border vehicle and cargo movement; (4) modifications to regulatory procedures to expedite cross border vehicle and cargo movements; (5) international coordination of planning, programming, and border operation with Canada and Mexico relating to expediting cross border vehicle and cargo movements; and (6) activities of Federal inspection agencies. (c)  Selection Criteria The Secretary shall make allocations under this section on the basis of (1) expected reduction in commercial and other motor vehicle travel time through an international border crossing as a result of the project; (2) improvements in vehicle and highway safety and cargo security related to motor vehicles crossing a border with Canada or Mexico; (3) strategies to increase the use of existing, underutilized border crossing facilities and approaches; (4) leveraging of Federal funds provided under this section, including use of innovative financing, combination of such funds with funding provided under other sections of this Act [see Tables for classification], and combination with other sources of Federal, State, local, or private funding; (5) degree of multinational involvement in the project and demonstrated coordination with other Federal agencies responsible for the inspection of vehicles, cargo, and persons crossing international borders and their counterpart agencies in Canada and Mexico; (6) improvements in vehicle and highway safety and cargo security in and through the gateway or affected port of entry concerned; (7) the degree of demonstrated coordination with Federal inspection agencies; (8) the extent to which the innovative and problem solving techniques of the proposed project would be applicable to other border stations or ports of entry; (9) demonstrated local commitment to implement and sustain continuing comprehensive border or affected port of entry planning processes and improvement programs; and (10) such other factors as the Secretary determines are appropriate to promote border transportation efficiency and safety. (d)  Construction of Transportation Infrastructure for Law Enforcement Purposes At the request of the Administrator of General Services, in consultation with the Attorney General, the Secretary may transfer, during the period of fiscal years 1998 through 2001, not more than $10,000,000 of the amounts made available by section 1101 [set out in part as a note below] to carry out this section and section 1118 [set out above] to the Administrator of General Services for the construction of transportation infrastructure necessary for law enforcement in border States. (e)  Definitions In this section, the following definitions apply: (1)  Border region The term border region means the portion of a border State in the vicinity of an international border with Canada or Mexico. (2)  Border state The term border State means any State that has a boundary in common with Canada or Mexico. Highway Economic Requirement System Pub. L. 105178, title I,  1213(a) June 9, 1998 112 Stat. 199  (1)  Methodology. (A)  Evaluation The Comptroller General of the United States shall conduct an evaluation of the methodology used by the Department of Transportation to determine highway needs using the highway economic requirement system (in this subsection referred to as the model). (B)  Required element The evaluation shall include an assessment of the extent to which the model estimates an optimal level of highway infrastructure investment, including an assessment as to when the model may be overestimating or underestimating investment requirements. (C)  Report to congress Not later than 2 years after the date of enactment of this Act [ June 9, 1998 (2)  State investment plans. (A)  Study In consultation with State transportation departments and other appropriate State and local officials, the Comptroller General of the United States shall conduct a study on the extent to which the model can be used to provide States with useful information for developing State transportation investment plans and State infrastructure investment projections. (B)  Required elements The study shall (i) identify any additional data that may need to be collected beyond the data submitted, before the date of enactment of this Act, to the Federal Highway Administration through the highway performance monitoring system; and (ii) identify what additional work, if any, would be required of the Federal Highway Administration and the States to make the model useful at the State level. (C)  Report to congress Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study. Southwest Border Transportation Infrastructure Pub. L. 105178, title I,  1213(d) June 9, 1998 112 Stat. 200  (1)  Assessment The Secretary shall conduct a comprehensive assessment of the state of the transportation infrastructure on the southwest border between the United States and Mexico (in this subsection referred to as the border). (2)  Consultation In carrying out the assessment, the Secretary shall consult with (A) the Secretary of State; (B) the Attorney General; (C) the Secretary of the Treasury; (D) the Commandant of the Coast Guard; (E) the Administrator of General Services; (F) the American Commissioner on the International Boundary Commission, United States and Mexico; (G) State agencies responsible for transportation and law enforcement in border States; and (H) municipal governments and transportation authorities in sister cities in the border area. (3)  Requirements In carrying out the assessment, the Secretary shall (A) assess the flow of commercial and private traffic through designated ports of entry on the border; (B) assess the adequacy of transportation infrastructure in the border area, including highways, bridges, railway lines, and border inspection facilities; (C) assess the adequacy of law enforcement and narcotics abatement activities in the border area, as the activities relate to commercial and private traffic and infrastructure; (D) assess future demands on transportation infrastructure in the border area; and (E) make recommendations to facilitate legitimate cross-border traffic in the border area, while maintaining the integrity of the border. (4)  Report Not later than 1 year after the date of enactment of this Act [ June 9, 1998 Transportation, Community, and System Preservation Program Pub. L. 10959, title I,  1117(a) Aug. 10, 2005 119 Stat. 1177  (a)  Establishment In cooperation with appropriate State, tribal, regional, and local governments, the Secretary [of Transportation] shall establish a comprehensive program to address the relationships among transportation, community, and system preservation plans and practices and identify private sector-based initiatives to improve such relationships. (b)  Purpose Through the program under this section, the Secretary [of Transportation] shall facilitate the planning, development, and implementation of strategies to integrate transportation, community, and system preservation plans and practices that address one or more of the following: (1) Improve the efficiency of the transportation system of the United States. (2) Reduce the impacts of transportation on the environment. (3) Reduce the need for costly future investments in public infrastructure. (4) Provide efficient access to jobs, services, and centers of trade. (5) Examine community development patterns and identify strategies to encourage private sector development that achieves the purposes identified in paragraphs (1) through (4). (c)  General Authority The Secretary [of Transportation] shall allocate funds made available to carry out this section to States, metropolitan planning organizations, local governments, and tribal governments to carry out eligible projects to integrate transportation, community, and system preservation plans and practices. (d)  Eligibility A project described in subsection (c) is an eligible project under this section if the project (1) is eligible for assistance under title 23 or chapter 53 of title 49, United States Code; or (2) is to conduct any other activity relating to transportation, community, and system preservation that the Secretary [of Transportation] determines to be appropriate, including corridor preservation activities that are necessary to implement one or more of the following: (A) Transit-oriented development plans. (B) Traffic calming measures. (C) Other coordinated transportation, community, and system preservation practices. (e)  Criteria In allocating funds made available to carry out this section, the Secretary [of Transportation] shall give priority consideration to applicants that (1) have instituted preservation or development plans and programs that (A) are coordinated with State and local preservation or development plans, including transit-oriented development plans; (B) promote cost-effective and strategic investments in transportation infrastructure that minimize adverse impacts on the environment; or (C) promote innovative private sector strategies; (2) have instituted other policies to integrate transportation, community, and system preservation practices, such as (A) spending policies that direct funds to high-growth areas; (B) urban growth boundaries to guide metropolitan expansion; (C) green corridors programs that provide access to major highway corridors for areas targeted for efficient and compact development; or (D) other similar programs or policies as determined by the Secretary; (3) have preservation or development policies that include a mechanism for reducing potential impacts of transportation activities on the environment; (4) demonstrate a commitment to public and private involvement, including the involvement of nontraditional partners in the project team; and (5) examine ways to encourage private sector investments that address the purposes of this section. (f)  Equitable Distribution In allocating funds to carry out this section, the Secretary [of Transportation] shall ensure the equitable distribution of funds to a diversity of populations and geographic regions. (g)  Funding. (1)  In general There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $25,000,000 for fiscal year 2005 and $61,250,000 for each of fiscal years 2006 through 2009. (2)  Contract authority Funds made available to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable, and the Federal share for projects and activities carried out with such funds shall be determined in accordance with section 120(b) of title 23 Pub. L. 105178, title I,  1221 June 9, 1998 112 Stat. 221 Pub. L. 10888,  5(a)(9) Sept. 30, 2003 117 Stat. 1114 Pub. L. 108202,  5(a)(9) Feb. 29, 2004 118 Stat. 481 Pub. L. 108224,  4(a)(9) Apr. 30, 2004 118 Stat. 629 Pub. L. 108263,  4(a)(9) June 30, 2004 118 Stat. 700 Pub. L. 108280,  4(a)(9) July 30, 2004 118 Stat. 879 Pub. L. 108310,  5(a)(9) Sept. 30, 2004 118 Stat. 1149 Pub. L. 10914,  4(a)(9) May 31, 2005 119 Stat. 327 Pub. L. 10920,  4(a)(9) July 1, 2005 119 Stat. 348 Pub. L. 10935,  4(a)(9) July 20, 2005 119 Stat. 381 Pub. L. 10937,  4(a)(9) July 22, 2005 119 Stat. 396 Pub. L. 10940,  4(a)(9) July 28, 2005 119 Stat. 412 July 30, 2005 Pub. L. 10959, title I,  1117(h) Aug. 10, 2005 119 Stat. 1179 Transportation Assistance for Olympic Cities Pub. L. 105178, title I,  1223 June 9, 1998 112 Stat. 224 Pub. L. 105206, title IX,  9003(j) July 22, 1998 112 Stat. 842  (a)  Purpose The purpose of this section is to authorize the provision of assistance for, and support of, State and local efforts concerning surface transportation issues necessary to obtain the national recognition and economic benefits of participation in the International Olympic movement, the International Paralympic movement, and the Special Olympics International movement by hosting international quadrennial Olympic and Paralympic events, and Special Olympics International events, in the United States. (b)  Priority for Transportation Projects Relating to Olympic, Paralympic, and Special Olympic Events Notwithstanding any other provision of law, from funds available to carry out [former] sections 118(c) and 144(g)(1) of title 23, United States Code, the Secretary may give priority to funding for a transportation project relating to an international quadrennial Olympic or Paralympic event, or a Special Olympics International event, if (1) the project meets the extraordinary needs associated with an international quadrennial Olympic or Paralympic event or a Special Olympics International event; and (2) the project is otherwise eligible for assistance under [former] sections 118(c) and 144(g)(1) of such title. (c)  Transportation Planning Activities The Secretary may participate in (1) planning activities of States and metropolitan planning organizations and transportation projects relating to an international quadrennial Olympic or Paralympic event, or a Special Olympics International event, under sections 134 and 135 of title 23, United States Code; and (2) developing intermodal transportation plans necessary for the projects in coordination with State and local transportation agencies. (d)  Funding Notwithstanding section 5001(a) [ 112 Stat. 419 (e)  Transportation Projects Relating to Olympic, Paralympic, and Special Olympic Events. (1)  In general The Secretary may provide assistance, including planning, capital, and operating assistance, to States and local governments in carrying out transportation projects relating to an international quadrennial Olympic or Paralympic event or a Special Olympics International event. (2)  Federal share The Federal share of the cost of a project assisted under this subsection shall not exceed 80 percent. (f)  Eligible Governments A State or local government shall be eligible to receive assistance under this section only if the government is hosting a venue that is part of an international quadrennial Olympics that is officially selected by the International Olympic Committee or Special Olympics International. (g)  Authorization of Appropriations There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section such sums as are necessary for each of fiscal years 1998 through 2003. Discretionary Grant Selection Criteria and Process Pub. L. 105178, title I,  1311 Pub. L. 105206, title IX,  9004(a) July 22, 1998 112 Stat. 842  (a)  Establishment of Criteria The Secretary shall establish criteria for all discretionary programs funded from the Highway Trust Fund (other than the Mass Transit Account). To the extent practicable, such criteria shall conform to the Executive Order No. 12893 [ 31 U.S.C. 501 (b)  Selection Process. (1)  Limitation on acceptance of applications Before accepting applications for grants under any discretionary program for which funds are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) by this Act [see Tables for classification] (including the amendments made by this Act), the Secretary shall publish the criteria established under subsection (a). Such publication shall identify all statutory criteria and any criteria established by regulation that will apply to the program. (2)  Explanation Not less often than quarterly, 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 list of the projects selected under discretionary programs funded from the Highway Trust Fund (other than the Mass Transit Account) and an explanation of how the projects were selected based on the criteria established under subsection (a). (c)  Minimum Covered Programs At a minimum, the criteria established under subsection (a) and the selection process established by subsection (b) shall apply to the following programs: (1) The intelligent transportation system deployment program under title V [see Tables for classification]. (2) The national corridor planning and development program. (3) The coordinated border infrastructure and safety program. (4) The construction of ferry boats and ferry terminal facilities. (5) The national scenic byways program. (6) The Interstate discretionary program. (7) The discretionary bridge program. Compliance With Buy American Act Pub. L. 10459, title III,  359(c) Nov. 28, 1995 109 Stat. 627 41 U.S.C. 8301 Nov. 28, 1995 Disadvantaged Business Enterprises Pub. L. 11758, div. A, title I,  11101(e) Nov. 15, 2021 135 Stat. 448  (1)  Findings Congress finds that (A) while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in Federally assisted surface transportation markets across the United States; (B) the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program; (C) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem; (D) the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and (E) the testimony and documentation described in subparagraph (C) provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business. (2)  Definitions In this subsection: (A)  Small business concern. (i)  In general The term small business concern means a small business concern (as the term is used in section 3 of the Small Business Act ( 15 U.S.C. 632 (ii)  Exclusions The term small business concern does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $26,290,000, as adjusted annually by the Secretary [of Transportation] for inflation. (B)  Socially and economically disadvantaged individuals The term socially and economically disadvantaged individuals has the meaning given the term in section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) 15 U.S.C. 631 (3)  Amounts for small business concerns Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under this division [see Tables for classification] (other than section 14004 [amending section 202 of this title section 601 of this title section 403 of title 23 (4)  Annual listing of disadvantaged business enterprises Each State shall annually (A) survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including the location of the small business concerns in the State; and (B) notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by (i) women; (ii) socially and economically disadvantaged individuals (other than women); and (iii) individuals who are women and are otherwise socially and economically disadvantaged individuals. (5)  Uniform certification. (A)  In general The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection. (B)  Inclusions The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern (i) on-site visits; (ii) personal interviews with personnel; (iii) issuance or inspection of licenses; (iv) analyses of stock ownership; (v) listings of equipment; (vi) analyses of bonding capacity; (vii) listings of work completed; (viii) examination of the resumes of principal owners; (ix) analyses of financial capacity; and (x) analyses of the type of work preferred. (6)  Reporting The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary (A) information concerning disadvantaged business enterprise awards, commitments, and achievements; and (B) such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program. (7)  Compliance with court orders Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under this division, division C, and section 403 of title 23 (8)  Sense of congress on prompt payment of dbe subcontractors It is the sense of Congress that (A) the Secretary should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding Federally funded transportation contracts under laws and regulations administered by the Secretary; and (B) such additional steps should include increasing the ability of the Department [of Transportation] to track and keep records of complaints and to make that information publicly available. Similar provisions were contained in the following prior acts: Pub. L. 11494, div. A, title I,  1101(b) Dec. 4, 2015 129 Stat. 1323 Pub. L. 112141, div. A, title I,  1101(b) July 6, 2012 126 Stat. 414 Pub. L. 111147, title IV,  451 Mar. 18, 2010 124 Stat. 96 Pub. L. 10959, title I,  1101(b) Aug. 10, 2005 119 Stat. 1156 Pub. L. 110244, title I,  101(a) June 6, 2008 122 Stat. 1573 Pub. L. 105178, title I,  1101(b) June 9, 1998 112 Stat. 113 Pub. L. 102240, title I,  1003(b) Dec. 18, 1991 105 Stat. 1919 Pub. L. 10017, title I,  106(c) Apr. 2, 1987 101 Stat. 145 Pub. L. 10914,  7(s) May 31, 2005 119 Stat. 334 Amounts made available under the amendments made by this section [amending sections 5307, 5309, and 5338 of Title 49, Transportation, and provisions set out as notes under section 322 of this title Pub. L. 105178 23 U.S.C. 101 Similar provisions were contained in the following prior acts: Pub. L. 108310,  8(t) Sept. 30, 2004 118 Stat. 1158 Pub. L. 10888,  8(t) Sept. 30, 2003 117 Stat. 1126 Pub. L. 108202,  9(t) Feb. 29, 2004 118 Stat. 489 Pub. L. 108224,  7(t) Apr. 30, 2004 118 Stat. 637 Pub. L. 108263,  7(t) June 30, 2004 118 Stat. 708 Pub. L. 108280,  7(t) July 30, 2004 118 Stat. 885 Highway Use Tax Evasion Projects Pub. L. 102240, title I,  1040 Dec. 18, 1991 105 Stat. 1992 Pub. L. 10459, title III,  325(f) Nov. 28, 1995 109 Stat. 592 Pub. L. 10466, title I,  1122(b) Dec. 21, 1995 109 Stat. 725 Pub. L. 105130,  5(c)(1) Dec. 1, 1997 111 Stat. 2557 Pub. L. 105178, title I,  1114(b)(2) June 9, 1998 112 Stat. 154 section 143 of this title Scenic Byways Program Pub. L. 102240, title I,  1047 Dec. 18, 1991 105 Stat. 1996 Pub. L. 105130,  5(c)(2) Dec. 1, 1997 111 Stat. 2557  (a)  Scenic Byways Advisory Committee. (1)  Establishment Not later than 180 days after the date of the enactment of this Act [ Dec. 18, 1991 (2)  Membership The advisory committee established under this section shall be composed of 17 members as follows: (A) The Administrator of the Federal Highway Administration or the designee of the Administrator who shall serve as chairman of the advisory committee. (B) The Chief of the Forest Service of the Department of Agriculture or the designee of the Chief. (C) The Director of the National Park Service of the Department of the Interior or the designee of the Director. (D) The Director of the Bureau of Land Management of the Department of the Interior or the designee of the Director. (E) The Under Secretary for Travel and Tourism of the Department of Commerce or the designee of the Under Secretary. (F) The Assistant Secretary for Indian Affairs of the Department of the Interior or the designee of the Assistant Secretary. (G) 1 individual appointed by the Secretary who is specially qualified to represent the interests of conservationists on the advisory committee. (H) 1 individual appointed by the Secretary of Transportation who is specially qualified to represent the interests of recreational users of scenic byways on the advisory committee. (I) 1 individual appointed by the Secretary who is specially qualified to represent the interests of the tourism industry on the advisory committee. (J) 1 individual appointed by the Secretary who is specially qualified to represent the interests of historic preservationists on the advisory committee. (K) 1 individual appointed by the Secretary who is specially qualified to represent the interests of highway users on the advisory committee. (L) 1 individual appointed by the Secretary to represent State highway and transportation officials. (M) 1 individual appointed by the Secretary to represent local highway and transportation officials. (N) 1 individual appointed by the Secretary who is specially qualified to serve on the advisory committee as a planner. (O) 1 individual appointed by the Secretary who is specially qualified to represent the motoring public. (P) 1 individual appointed by the Secretary who is specially qualified to represent groups interested in scenic preservation. (Q) 1 individual appointed by the Secretary who represents the outdoor advertising industry. Individuals appointed as members of the advisory committee under subparagraphs (G) through (P) may be State and local government officials. Members shall serve without compensation other than for reasonable expenses incident to functions of the advisory committee. (3)  Functions The advisory committee established under this subsection shall develop and make to the Secretary recommendations regarding minimum criteria for use by State and Federal agencies in designating highways as scenic byways and as all-American roads for purposes of a national scenic byways program to be established under title 23, United States Code. Such recommendations shall include recommendations on the following: (A) Consideration of the scenic beauty and historic significance of highways proposed for designation as scenic byways and all-American roads and the areas surrounding such highways. (B) Operation and management standards for highways designated as scenic byways and all-American roads, including strategies for maintaining or improving the qualities for which a highway is designated as a scenic byway or all-American road, for protecting and enhancing the landscape and view corridors surrounding such a highway, and for minimizing traffic congestion on such a highway. (C) (i) Standards for scenic byway-related signs, including those which identify highways as scenic byways and all-American roads. (ii) The advisability of uniform signs identifying highways as components of the scenic byway system. (D) Standards for maintaining highway safety on the scenic byway system. (E) Design review procedures for location of highway facilities, landscaping, and travelers facilities on the scenic byway system. (F) Procedures for reviewing and terminating the designation of a highway designated as a scenic byway. (G) Such other matters as the advisory committee may deem appropriate. (H) Such other matters for which the Secretary may request recommendations. (4)  Report Not later than 18 months after the date of the enactment of this Act [ Dec. 18, 1991 (b)  Technical and Financial Assistance The Secretary shall provide technical assistance to the States (as such term is defined under section 101 of title 23 (c)  Federal Share The Federal share payable for the costs of planning, design, and development of State scenic byway programs under this section shall be 80 percent. (d)  Funding There shall be available to the Secretary for carrying out this section (other than subsection (f)), out of the Highway Trust Fund (other than the Mass Transit Account), $1,000,000 for fiscal year 1992, $3,000,000 for fiscal year 1993, $4,000,000 for fiscal year 1994, $14,000,000 for each of the fiscal years 1995, 1996, and 1997, and $7,000,000 for the period of October 1, 1997 March 31, 1998 (e)  Contract Authority Notwithstanding any other provision of law, approval by the Secretary of a grant under this section shall be deemed a contractual obligation of the United States for payment of the Federal share of the cost of activities for which the grant is being made. (f)  Interim Scenic Byways Program. (1)  Grant program During fiscal years 1992, 1993, and 1994, the Secretary may make grants to any State which has a scenic highway program for carrying out eligible projects on highways which the State has designated as scenic byways. (2)  Priority projects In making grants under paragraph (1), the Secretary shall give priority to (A) those eligible projects which are included in a corridor management plan for maintaining scenic, historic, recreational, cultural, and archeological characteristics of the corridor while providing for accommodation of increased tourism and development of related amenities; (B) those eligible projects for which a strong local commitment is demonstrated for implementing the management plans and protecting the characteristics for which the highway is likely to be designated as a scenic byway; (C) those eligible projects which are included in programs which can serve as models for other States to follow when establishing and designing scenic byways on an intrastate or interstate basis; and (D) those eligible projects in multi-State corridors where the States submit joint applications. (3)  Eligible projects The following are projects which are eligible for Federal assistance under this subsection: (A) Planning, design, and development of State scenic byway programs. (B) Making safety improvements to a highway designated as a scenic byway under this subsection to the extent such improvements are necessary to accommodate increased traffic, and changes in the types of vehicles using the highway, due to such designation. (C) Construction along the highway of facilities for the use of pedestrians and bicyclists, rest areas, turnouts, highway shoulder improvements, passing lanes, overlooks, and interpretive facilities. (D) Improvements to the highway which will enhance access to an area for the purpose of recreation, including water-related recreation. (E) Protecting historical and cultural resources in areas adjacent to the highway. (F) Developing and providing tourist information to the public, including interpretive information about the scenic byway. (4)  Federal share The Federal share payable for the costs of carrying out projects and developing programs under this subsection with funds made available pursuant to this subsection shall be 80 percent. (5)  Funding There shall be available to the Secretary for carrying out this subsection, out of the Highway Trust Fund (other than the Mass Transit Account), $10,000,000 for fiscal year 1992, $10,000,000 for fiscal year 1993, and $10,000,000 for fiscal year 1994. Such sums shall remain available until expended. (g)  Limitation The Secretary shall not make a grant under this section for any project which would not protect the scenic, historic, recreational, cultural, natural, and archeological integrity of the highway and adjacent area. The Secretary may not use more than 10 percent of the funds authorized for each fiscal year under subsection (f)(5) for removal of any outdoor advertising sign, display, or device. (h)  Treatment of Scenic Highways in Oregon For purposes of this section, a highway designated as a scenic highway in the State of Oregon shall be treated as a scenic byway. Commemoration of Dwight D. Eisenhower System of Interstate and Defense Highways Pub. L. 102240, title VI,  6012 Dec. 18, 1991 105 Stat. 2180  (a)  Study The Secretary shall conduct a study to determine an appropriate symbol or emblem to be placed on highway signs referring to the Interstate System to commemorate the vision of President Dwight D. Eisenhower in creating the Dwight D. Eisenhower National System of Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and Defense Highways]. (b)  Report Not later than 1 year after the date of the enactment of this Act [ Dec. 18, 1991 Designation of National System of Interstate and Defense Highways as The Dwight D. Eisenhower System of Interstate and Defense Highways Pub. L. 101427 Oct. 15, 1990 104 Stat. 927 Pub. L. 107217,  6(b) Aug. 21, 2002 116 Stat. 1304 Pub. L. 108178,  2(b)(3) Dec. 15, 2003 117 Stat. 2640  That (a) notwithstanding any other provision of law, The National System of Interstate and Defense Highways shall be redesignated as The Dwight D. Eisenhower System of Interstate and Defense Highways; and (b) any reference before the date of enactment of this Act [ Oct. 15, 1990 Signs Identifying Funding Sources Pub. L. 10017, title I,  154 Apr. 2, 1987 101 Stat. 209 section 321 of this title Pub. L. 10959, title I,  1901(a) Aug. 10, 2005 119 Stat. 1464 Eligibility for Federal-Aid Highway Funds of Projects Involving Improvements in Vicinity of Interchanges Necessary To Upgrade Safety of Primary Routes Not on Common Alignment With Interstate Route Pub. L. 97424, title I,  128 Jan. 6, 1983 96 Stat. 2118 In any case where a project involving a Federal-aid primary route not on the Interstate System, and a route on the Interstate System which was originally constructed without the expenditure of any funds authorized under section 108(b) of the Federal-Aid Highway Act of 1956, as amended [set out as a note below], and was subsequently added to the Interstate System, both occupying a common alignment and having elements which have been approved in concept by the Secretary of Transportation as part of a project providing for the upgrading of an interchange on such Interstate route, the cost of improvements in the vicinity of the interchange necessary to upgrade the safety of that part of such Federal-aid primary route not on a common alignment with such Interstate route in an environmentally acceptable manner shall be eligible for the expenditure of funds authorized by such section 108(b). Study of Future Transportation Professional Manpower Needs; Report Pub. L. 97424, title I,  135 Jan. 6, 1983 96 Stat. 2125 The Secretary of Transportation shall undertake to enter into appropriate arrangements with the National Academy of Sciences Transportation Research Board to conduct a comprehensive study and investigation of future transportation professional manpower needs, including but not limited to prevailing methods of recruitment, training, and financial and other incentives and disincentives which encourage or discourage retention in service of such professional manpower by Federal, State, and local governments. In entering into any arrangement with the National Academy of Sciences for conducting such study and investigation, the Secretary shall request the National Academy of Sciences to report to the Secretary and the Congress not later than two years after the enactment of this Act [ Jan. 6, 1983 Change in Location of Interstate Segments Pub. L. 97424, title I,  139 Jan. 6, 1983 96 Stat. 2127 Pub. L. 100457, title III,  348 Sept. 30, 1988 102 Stat. 2156  (a) Notwithstanding the provisions of section 4(b) of the Federal-Aid Highway Act of 1981 [ section 4(b) of Pub. L. 97134 section 103(e) of title 23 Jan. 6, 1983 section 104(b)(5)(A) of title 23 section 104(b)(5)(A) of title 23 (b) Where the Secretary of Transportation approves a relocation of an Interstate route or segment under the provisions of subsection (a) of this section, such route or segment shall not be eligible for withdrawal under the provisions of [former] section 103(e)(4) of title 23 Pub. L. 95599 section 103 of this title (c) Notwithstanding any other provision of this section or of any other provision of law, any project involving the relocation of any Interstate route or segment that is approved by the Secretary of Transportation under subsection (a) shall be eligible for discretionary funds made available under [former] section 118(b)(2)(B) of title 23 Buy America Pub. L. 97424, title I,  165 Jan. 6, 1983 96 Stat. 2136 Pub. L. 98229,  10 Mar. 9, 1984 98 Stat. 57 Pub. L. 10017, title I Apr. 2, 1987 101 Stat. 171 Pub. L. 102240, title I,  1048 Dec. 18, 1991 105 Stat. 1999 Pub. L. 103272,  4(r) July 5, 1994 108 Stat. 1371 Pub. L. 103429,  7(a)(3)(E) Oct. 31, 1994 108 Stat. 4389 section 313 of this title Pub. L. 10959, title I,  1903(a) Aug. 10, 2005 119 Stat. 1464 Use of Articles Mined or Manufactured in United States Pub. L. 95599, title IV,  401 Nov. 6, 1978 92 Stat. 2756 Pub. L. 97327,  6 Oct. 15, 1982 96 Stat. 1613 Pub. L. 97424, title I,  165(e) Jan. 6, 1983 96 Stat. 2137 Intercity Portions of Interstate System; Construction of Projects; Report to Congress; Exemption Pub. L. 94280, title I,  102(b) May 5, 1976 90 Stat. 425 Sept. 30, 1978 Sept. 30, 1979 section 102(a) of Pub. L. 94280 Oct. 1, 1976 Interstate System; Prohibition of Obligation of Funds for Resurfacing, Restoration, or Rehabilitation Projects Pub. L. 94280, title I,  102(c) May 5, 1976 90 Stat. 426 Interstate Funding Study; Report and Recommendations to Congress Pub. L. 94280, title I,  150 May 5, 1976 90 Stat. 447 Study of Highway Needs To Solve Energy Problems; Investigation and Study; Report to Congress Pub. L. 94280, title I,  153 May 5, 1976 90 Stat. 448 May 5, 1976 section 104(a) of this title National Transportation Policy Study Commission; Establishment; Termination; Etc. Pub. L. 94280, title I,  154 May 5, 1976 90 Stat. 448 Pub. L. 95599, title I,  137(a) Nov. 6, 1978 92 Stat. 2710 July 1, 1979 Consent of Governing Body for Expenditure of Funds Pub. L. 93643,  102(d) Jan. 4, 1975 88 Stat. 2282 23 U.S.C. 101(a) Carpool Demonstration Projects in Urban Areas; Appropriations Authorization Pub. L. 93643,  120(b) Jan. 4, 1975 88 Stat. 2289 Pub. L. 95599, title I,  126(b) Nov. 6, 1978 92 Stat. 2706 section 146 of this title Emergency Highway Energy Conservation Pub. L. 93239 Jan. 2, 1974 87 Stat. 1046 Pub. L. 93643 Jan. 4, 1975 83 Stat. 2286 Pub. L. 94280, title I,  143 May 5, 1976 90 Stat. 445 Pub. L. 95599, title I,  126(b) Nov. 6, 1978 92 Stat. 2706  [Section 1. Short title]. That this Act be cited as the Emergency Highway Energy Conservation Act. Sec. 2. [Repealed. Pub. L. 93643,  114(c) Jan. 4, 1975 88 Stat. 2086 Sec. 3. [Repealed. Pub. L. 95599, title I,  126(b) Nov. 6, 1978 92 Stat. 2706  Section 4 of Pub. L. 93239 Future Highway Needs: Reports to Congress Pub. L. 91605, title I,  121 Dec. 31, 1970 84 Stat. 1725  (a) The Secretary of Transportation shall develop and include in the report of Congress required to be submitted in January 1972, by section 3 of the Act of August 28, 1965 79 Stat. 578 Public Law 89139 section 17 of Pub. L. 90495 (b) As a part of the future highway needs report to be submitted to Congress in January 1972, the Secretary shall also make recommendations to the Congress for a continuing Federal-aid highway program for the period 1976 to 1990. The needs estimates to be used in developing such programs shall be in conformance with the functional classification studies referred to in subsection (a) of this section and the recommendations for the functional realinement required by such subsection. (c) The recommendations required by subsections (a) and (b) of this section shall be determined on the basis of studies now being conducted by the Secretary in cooperation with the State highway departments and local governments, and, in urban areas of more than fifty thousand population, utilizing the cooperative continuing comprehensive transportation planning process conducted in accordance with section 134 of title 23 (d) As a part of the future highway needs report to be submitted to Congress on January 1972, the Secretary shall report to Congress the Federal-aid urban system as designated, and the cost of its construction. Pub. L. 89139,  3 Aug. 28, 1965 79 Stat. 578 Pub. L. 90495,  17 Aug. 23, 1968 82 Stat. 823 Pub. L. 97424, title I,  160(b) Jan. 6, 1983 96 Stat. 2135 Studies of Need for and Survey of Highway Construction Programs for Guam, American Samoa, and the Virgin Islands Pub. L. 90495,  29 Aug. 23, 1968 82 Stat. 830 April 1, 1969 Pub. L. 89574,  13 Sept. 13, 1966 80 Stat. 770 Pub. L. 97449,  2(a) Jan. 2, 1983 96 Stat. 2439 July 1, 1967 Report and Recommendations of Secretary of Commerce Pub. L. 85767,  5 Aug. 27, 1958 72 Stat. 921 Feb. 1, 1959 Section 108(b) of the Federal-Aid Highway Act of 1956 Act June 29, 1956, ch. 462, title I,  108(b) 70 Stat. 378 Pub. L. 85381,  7(a) Apr. 16, 1958 72 Stat. 93 Pub. L. 86342, title I,  102 Sept. 21, 1959 73 Stat. 611 Pub. L. 8761, title I June 29, 1961 75 Stat. 122 Pub. L. 89139,  1 Aug. 28, 1965 79 Stat. 578 Pub. L. 89574,  2 Sept. 13, 1966 80 Stat. 766 Pub. L. 90495,  2 Aug. 23, 1968 82 Stat. 815 Pub. L. 91605 Dec. 31, 1970 84 Stat. 1714 Pub. L. 9387, title I,  102 Aug. 13, 1973 87 Stat. 250 Pub. L. 94280, title I,  102(a) May 5, 1976 90 Stat. 425 Pub. L. 95599, title I,  102 Nov. 6, 1978 92 Stat. 2689 Pub. L. 97134,  4(a) Dec. 29, 1981 95 Stat. 1700 Pub. L. 97327,  2 Oct. 15, 1982 96 Stat. 1611 Pub. L. 97424, title I Jan. 6, 1983 96 Stat. 2097 Pub. L. 10017, title I Apr. 2, 1987 101 Stat. 142 Pub. L. 102240, title I,  1001(f) Dec. 18, 1991 105 Stat. 1916 Pub. L. 103331, title III,  335(c) Sept. 30, 1994 108 Stat. 2494 For the purpose of expediting the construction, reconstruction, or improvement, inclusive of necessary bridges and tunnels, of the Interstate System, including extensions thereof through urban areas, designated in accordance with the provisions of [former] subsection (e) of section 103 of title 23 June 30, 1957 June 30, 1958 June 30, 1959 June 30, 1960 June 30, 1961 June 30, 1962 June 30, 1963 June 30, 1964 June 30, 1965 June 30, 1966 June 30, 1967 June 30, 1968 June 30, 1969 June 30, 1970 June 30, 1971 June 30, 1972 June 30, 1973 June 30, 1974 June 30, 1975 June 30, 1976 June 30, 1977 September 30, 1978 September 30, 1979 September 30, 1980 September 30, 1981 September 30, 1982 September 30, 1983 September 30, 1984 September 30, 1985 September 30, 1986 September 30, 1987 September 30, 1988 September 30, 1989 September 30, 1990 September 30, 1991 September 30, 1992 September 30, 1993 September 30, 1994 September 30, 1995 Pub. L. 102240 Pub. L. 103331, title III,  335(a) Sept. 30, 1994 108 Stat. 2494 September 30, 1996 May 1, 1966 Dec. 29, 1981 September 30, 1983 Pub. L. 97424, title I,  127(b) Jan. 6, 1983 96 Stat. 2118 Notwithstanding the provisions of section 108(b) of the Federal-Aid Highway Act of 1956, as amended [set out above], the Secretary of Transportation may approve the expenditure of funds authorized under such section for the construction of a previously approved project which provides for improvements to and reconstruction of ramps and service roads which are being developed as part of a roadway system to relieve a severely congested segment on an Interstate route. Such expenditures shall be limited (1) to work necessary to provide more effective and safe operation of such Interstate route, and (2) to a section of an Interstate route which proceeded to construction contract prior to the date of enactment of such Act and which Interstate route, together with service roads, was constructed without the expenditure of any funds authorized by such section.  Definitions of Department, Interstate System, Secretary, and State for Purposes of Certain Acts Pub. L. 11758, div. A,  10002 Nov. 15, 2021 135 Stat. 443  In this division [see Tables for classification]: (1)  Department The term Department means the Department of Transportation. (2)  Secretary The term Secretary means the Secretary of Transportation. Pub. L. 11494, div. A,  1001 Dec. 4, 2015 129 Stat. 1321  In this division [see Tables for classification], the following definitions apply: (1)  Department The term Department means the Department of Transportation. (2)  Secretary The term Secretary means the Secretary of Transportation. Pub. L. 112141,  2 July 6, 2012 126 Stat. 413  In this Act [see Tables for classification], the following definitions apply: (1)  Department The term Department means the Department of Transportation. (2)  Secretary The term Secretary means the Secretary of Transportation. Pub. L. 112141, div. C, title I,  31002 July 6, 2012 126 Stat. 732 In this title [see Tables for classification], the term Secretary means the Secretary of Transportation. Pub. L. 10959,  2 Aug. 10, 2005 119 Stat. 1153  In this Act [see Tables for classification], the following definitions apply: (1)  Department The term Department means the Department of Transportation. (2)  Secretary The term Secretary means the Secretary of Transportation. Pub. L. 10959, title I,  1120(c) Aug. 10, 2005 119 Stat. 1192 For the purposes of apportioning funds under sections 104, [former] 105, 130, [former] 144, and 206 of title 23, United States Code, and section 1404 [set out as a note under section 402 of this title Pub. L. 105178,  2 June 9, 1998 112 Stat. 111  In this Act [see Tables for classification], the following definitions apply: (1)  Interstate system The term Interstate System has the meaning such term has under section 101 of title 23 (2)  Secretary The term Secretary means the Secretary of Transportation. Pub. L. 105178, title I,  1103(n) June 9, 1998 112 Stat. 127 Pub. L. 105206, title IX,  9002(c)(2) July 22, 1998 112 Stat. 835 For the purposes of apportioning funds under sections 104, [former] 105, [former] 144, and 206 of title 23, United States Code, the term State means any of the 50 States and the District of Columbia. Pub. L. 10459,  2 Nov. 28, 1995 109 Stat. 569 In this Act [See Short Title of 1995 Amendment note above], the term Secretary means the Secretary of Transportation. Pub. L. 10017,  2 Apr. 2, 1987 101 Stat. 134 As used in this Act [see Short Title of 1987 Amendment note above], the term Secretary means the Secretary of Transportation. Executive Documents  Ex. Ord. No. 14052. Implementation of the Infrastructure Investment and Jobs Act Ex. Ord. No. 14052, Nov. 15, 2021 Sept. 12, 2022 By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to effectively implement the historic infrastructure investments in the Infrastructure Investment and Jobs Act [ Pub. L. 11758 Section Background Critical to achieving these goals will be the effective implementation of the Act by my Administration, as well as by State, local, Tribal, and territorial governments. Sec. Implementation Priorities section 3502(1) of title 44 section 3502(5) of title 44 (a) investing public dollars efficiently, working to avoid waste, and focusing on measurable outcomes for the American people; (b) increasing the competitiveness of the United States economy, including through implementing the Acts Made-in-America requirements and bolstering United States manufacturing and supply chains; (c) improving job opportunities for millions of Americans by focusing on high labor standards for these jobs, including prevailing wages and the free and fair chance to join a union; (d) investing public dollars equitably, including through the Justice40 Initiative, which is a Government-wide effort toward a goal that 40 percent of the overall benefits from Federal investments in climate and clean energy flow to disadvantaged communities; (e) building infrastructure that is resilient and that helps combat the crisis of climate change; and (f) effectively coordinating with State, local, Tribal, and territorial governments in implementing these critical investments. Sec. Infrastructure Implementation Task Force (b) The Assistant to the President for Economic Policy and Director of the National Economic Council shall serve as Co-Chair of the Task Force. (c) There is established within the Executive Office of the President the position of White House Infrastructure Coordinator, who shall serve as Co-Chair of the Task Force. (d) In addition to the Co-Chairs, the Task Force shall consist of the following members: (i) the Secretary of the Interior; (ii) the Secretary of Agriculture; (iii) the Secretary of Commerce; (iv) the Secretary of Labor; (v) the Secretary of Transportation; (vi) the Secretary of Energy; (vii) the Administrator of the Environmental Protection Agency; (viii) the Director of the Office of Management and Budget; (ix) the Director of the Office of Personnel Management; (x) the Assistant to the President and Director of the Domestic Policy Council; (xi) the Assistant to the President and National Climate Advisor; (xii) the Senior Advisor for Clean Energy Innovation and Implementation; and (xiii) the heads of such other executive departments, agencies, and offices as the Co-Chairs may from time to time invite to participate. (e) The Co-Chairs may coordinate subgroups consisting of Task Force members or their designees, as appropriate. Sec. General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.  J.R. Biden, Jr.  102. Program efficiencies (a)  Access of Motorcycles No State or political subdivision of a State may enact or enforce a law that applies only to motorcycles and the principal purpose of which is to restrict the access of motorcycles to any highway or portion of a highway for which Federal-aid highway funds have been utilized for planning, design, construction, or maintenance. (b)  Savings Provision Nothing in this section shall affect the authority of a State or political subdivision of a State to regulate motorcycles for safety. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 887 Pub. L. 102240, title I,  1016(a) Dec. 18, 1991 105 Stat. 1945 Pub. L. 105178, title I June 9, 1998 112 Stat. 185 Pub. L. 10959, title I,  1121(b)(1) Aug. 10, 2005 119 Stat. 1195 Pub. L. 112141, div. A, title I,  1502 July 6, 2012 126 Stat. 561 Pub. L. 11758, div. A, title I,  11310(a) Nov. 15, 2021 135 Stat. 536  Editorial Notes Amendments 2021 Pub. L. 11758 2012Subsec. (b). Pub. L. 112141 2005 Pub. L. 10959 (1) In general (2) Exception for inherently low-emission vehicles September 30, 2003 1998Subsec. (a). Pub. L. 105178,  1209 Subsec. (a)(1). Pub. L. 105178,  1212(a)(2)(A)(i) Subsec. (b). Pub. L. 105178,  1206 Subsec. (c). Pub. L. 105178,  1304 Pub. L. 105178,  1206 Pub. L. 105178,  1206 1991 Pub. L. 102240 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title  103. National Highway System (a)  In General For the purposes of this title, the Federal-aid system is the National Highway System, which includes the Interstate System. (b)  National Highway System. (1)  Description The National Highway System consists of the highway routes and connections to transportation facilities that shall (A) serve major population centers, international border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and other major travel destinations; (B) meet national defense requirements; and (C) serve interstate and interregional travel and commerce. (2)  Components The National Highway System described in paragraph (1) consists of the following: (A) The National Highway System depicted on the map submitted by the Secretary of Transportation to Congress with the report entitled Pulling Together: The National Highway System and its Connections to Major Intermodal Terminals and dated May 24, 1996 (B) Other urban and rural principal arterial routes, and border crossings on those routes, that were not included on the National Highway System before the date of enactment of the MAP21. (C) Other connector highways (including toll facilities) that were not included in the National Highway System before the date of enactment of the MAP21 but that provide motor vehicle access between arterial routes on the National Highway System and a major intermodal transportation facility. (D) A strategic highway network that (i) consists of a network of highways that are important to the United States strategic defense policy, that provide defense access, continuity, and emergency capabilities for the movement of personnel, materials, and equipment in both peacetime and wartime, and that were not included on the National Highway System before the date of enactment of the MAP21; (ii) may include highways on or off the Interstate System; and (iii) shall be designated by the Secretary, in consultation with appropriate Federal agencies and the States. (E) Major strategic highway network connectors that (i) consist of highways that provide motor vehicle access between major military installations and highways that are part of the strategic highway network but were not included on the National Highway System before the date of enactment of the MAP21; and (ii) shall be designated by the Secretary, in consultation with appropriate Federal agencies and the States. (3)  Modifications to nhs (A)  In general The Secretary may make any modification to the National Highway System, including any modification consisting of a connector to a major intermodal terminal or the withdrawal of a road from that system, that is proposed by a State if the Secretary determines that the modification (i) meets the criteria established for the National Highway System under this title after the date of enactment of the MAP21; and (ii) (I) enhances the national transportation characteristics of the National Highway System; or (II) in the case of the withdrawal of a road, is reasonable and appropriate. (B)  Cooperation (i)  In general In proposing a modification under this paragraph, a State shall cooperate with local and regional officials. (ii)  Urbanized areas In an urbanized area, the local officials shall act through the metropolitan planning organization designated for the area under section 134. (c)  Interstate System. (1)  Description. (A)  In general The Dwight D. Eisenhower National System of Interstate and Defense Highways within the United States (including the District of Columbia and Puerto Rico) consists of highways designed, located, and selected in accordance with this paragraph. (B)  Design. (i)  In general Except as provided in clause (ii), highways on the Interstate System shall be designed in accordance with the standards of section 109(b). (ii)  Exception Highways on the Interstate System in Alaska and Puerto Rico shall be designed in accordance with such geometric and construction standards as are adequate for current and probable future traffic demands and the needs of the locality of the highway. (C)  Location Highways on the Interstate System shall be located so as (i) to connect by routes, as direct as practicable, the principal metropolitan areas, cities, and industrial centers; (ii) to serve the national defense; and (iii) to the maximum extent practicable, to connect at suitable border points with routes of continental importance in Canada and Mexico. (D)  Selection of routes To the maximum extent practicable, each route of the Interstate System shall be selected by joint action of the State transportation departments of the State in which the route is located and the adjoining States, in cooperation with local and regional officials, and subject to the approval of the Secretary. (2)  Maximum mileage The mileage of highways on the Interstate System shall not exceed 43,000 miles, exclusive of designations under paragraph (4). (3)  Modifications The Secretary may approve or require modifications to the Interstate System in a manner consistent with the policies and procedures established under this subsection. (4)  Interstate system designations. (A)  Additions If the Secretary determines that a highway on the National Highway System meets all standards of a highway on the Interstate System and that the highway is a logical addition or connection to the Interstate System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway is located, designate the highway as a route on the Interstate System. (B)  Designations as future interstate system routes. (i)  In general Subject to clauses (ii) through (vi), if the Secretary determines that a highway on the National Highway System would be a logical addition or connection to the Interstate System and would qualify for designation as a route on the Interstate System under subparagraph (A) if the highway met all standards of a highway on the Interstate System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway is located, designate the highway as a future Interstate System route. (ii)  Written agreement A designation under clause (i) shall be made only upon the written agreement of each State described in that clause that the highway will be constructed to meet all standards of a highway on the Interstate System by not later than the date that is 25 years after the date of the agreement. (iii)  Failure to complete construction If a State described in clause (i) has not substantially completed the construction of a highway designated under this subparagraph by the date specified in clause (ii), the Secretary shall remove the designation of the highway as a future Interstate System route. (iv)  Effect of removal Removal of the designation of a highway under clause (iii) shall not preclude the Secretary from designating the highway as a route on the Interstate System under subparagraph (A) or under any other provision of law providing for addition to the Interstate System. (v)  Retroactive effect An agreement described in clause (ii) that is entered into before August 10, 2005 (vi)  References No law, rule, regulation, map, document, or other record of the United States, or of any State or political subdivision of a State, shall refer to any highway designated as a future Interstate System route under this subparagraph, and no such highway shall be signed or marked, as a highway on the Interstate System, until such time as the highway (I) is constructed to the geometric and construction standards for the Interstate System; and (II) has been designated as a route on the Interstate System. (C)  Financial responsibility Except as provided in this title, the designation of a highway under this paragraph shall create no additional Federal financial responsibility with respect to the highway. (5)  Exemption of interstate system. (A)  In general Except as provided in subparagraph (B), the Interstate System shall not be considered to be a historic site under section 303 of title 49 section 138 of this title (B)  Individual elements Subject to subparagraph (C) (i) the Secretary shall determine, through the administrative process established for exempting the Interstate System from section 306108 of title 54 (ii) those elements shall be considered to be historic sites under section 303 of title 49 section 138 of this title (C)  Construction, maintenance, restoration, and rehabilitation activities Subparagraph (B) does not prohibit a State from carrying out construction, maintenance, preservation, restoration, or rehabilitation activities for a portion of the Interstate System referred to in subparagraph (B) upon compliance with section 303 of title 49 section 138 of this title section 306108 of title 54 ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 887 Pub. L. 8670,  21(d)(1) June 25, 1959 73 Stat. 145 Pub. L. 86624,  17(b) July 12, 1960 74 Stat. 415 Pub. L. 87866,  8(a) Oct. 23, 1962 76 Stat. 1147 Pub. L. 90238 Jan. 2, 1968 81 Stat. 772 Pub. L. 90495 Aug. 23, 1968 82 Stat. 822 Pub. L. 91605, title I Dec. 31, 1970 84 Stat. 1716 Pub. L. 9387, title I Aug. 13, 1973 87 Stat. 255 Pub. L. 93643,  125 Jan. 4, 1975 88 Stat. 2290 Pub. L. 94280, title I May 5, 1976 90 Stat. 431 Pub. L. 95599, title I,  107(a) Nov. 6, 1978 92 Stat. 2694 Pub. L. 96106 Nov. 9, 1979 93 Stat. 796 Pub. L. 96144,  2 Dec. 13, 1979 93 Stat. 1084 Pub. L. 97424, title I Jan. 6, 1983 96 Stat. 21012104 Pub. L. 10017, title I,  103(b) Apr. 2, 1987 101 Stat. 136 Pub. L. 102240, title I Dec. 18, 1991 105 Stat. 1923 Pub. L. 103272,  5(f)(1) July 5, 1994 108 Stat. 1374 Pub. L. 103429 Oct. 31, 1994 108 Stat. 4377 Pub. L. 10459, title I,  101 Nov. 28, 1995 109 Stat. 569 Pub. L. 104287,  2 Oct. 11, 1996 110 Stat. 3388 Pub. L. 105178, title I,  1106(b) June 9, 1998 112 Stat. 131 Pub. L. 10959, title I Aug. 10, 2005 119 Stat. 1166 Pub. L. 112141, div. A, title I,  1104(a) July 6, 2012 126 Stat. 422 Pub. L. 113287,  5(f)(1) Dec. 19, 2014 128 Stat. 3268 Pub. L. 11494, div. A, title I,  1122(e) Dec. 4, 2015 129 Stat. 1369  Editorial Notes  References in Text The date of enactment of the MAP21, referred to in subsec. (b)(2)(B)(D)(i), (E)(i), (3)(A)(i), is deemed to be Oct. 1, 2012 Pub. L. 112141 section 101 of this title Codification Another section 1106(b) of Pub. L. 105178 Amendments 2015Subsec. (b)(3)(A). Pub. L. 11494,  1122(e)(1) Subsec. (b)(3)(A)(ii). Pub. L. 11494,  1122(e)(2) 2014Subsec. (c)(5)(B)(i). Pub. L. 113287,  5(f)(1)(A) section 306108 of title 54 16 U.S.C. 470f Subsec. (c)(5)(C). Pub. L. 113287,  5(f)(1)(B) section 306108 of title 54 16 U.S.C. 470f 2012 Pub. L. 112141 2005Subsec. (b)(6). Pub. L. 10959,  1118(b)(1)(A) State eligible Eligible Subsec. (b)(6)(P). Pub. L. 10959,  1118(b)(1)(B) Subsec. (b)(6)(Q), (R). Pub. L. 10959,  6006(a)(1) Subsec. (b)(7). Pub. L. 10959,  1118(b)(1)(C) Subsec. (c)(4)(B)(ii). Pub. L. 10959,  1106(a) Subsec. (c)(4)(B)(iii)(I). Pub. L. 10959,  1106(b)(1) Subsec. (c)(4)(B)(iii)(III). Pub. L. 10959,  1106(b)(2) Subsec. (c)(5). Pub. L. 10959,  6007 1998 Pub. L. 105178 1996Subsec. (e)(4)(L). Pub. L. 104287 chapter 53 of title 49 fta 1995Subsec. (b)(3)(C). Pub. L. 10459,  101(b)(1) Subsec. (b)(3)(D). Pub. L. 10459,  101(b)(2) Subsec. (b)(5) to (8). Pub. L. 10459,  101(a) Subsec. (i)(8). Pub. L. 10459,  301(a) 1994Subsec. (e)(4)(L)(i). Pub. L. 103272,  5(f)(1)(A) Pub. L. 103429,  7(a)(4)(B) Subsec. (e)(4)(L)(ii). Pub. L. 103272,  5(f)(1)(B) Pub. L. 103429,  7(a)(4)(B) section 5323(a)(1)(D) of title 49 Subsec. (i)(3). Pub. L. 103429,  3(1) 1991Subsec. (a). Pub. L. 102240,  1006(a) Subsec. (b). Pub. L. 102240,  1006(a) Subsecs. (c), (d). Pub. L. 102240,  1006(b)(1) Subsec. (e)(4)(E)(i). Pub. L. 102240,  1011(c) Subsec. (e)(4)(G). Pub. L. 102240,  1011(a)(1) Subsec. (e)(4)(H)(i). Pub. L. 102240,  1011(a)(2)(A) Subsec. (e)(4)(H)(iii). Pub. L. 102240,  1011(a)(2)(B) Subsec. (e)(4)(I). Pub. L. 102240,  3003(b) Subsec. (e)(4)(J)(i). Pub. L. 102240,  1011(b)(1) October 1, 1991 Subsec. (e)(4)(J)(iii). Pub. L. 102240,  1011(b)(3) Subsec. (e)(4)(L). Pub. L. 102240,  3003(b) Subsec. (f). Pub. L. 102240,  1006(b)(2) Subsec. (i). Pub. L. 102240,  1006(d) 1987Subsec. (e). Pub. L. 10017,  103(f)(1)(A) Subsec. (e)(4). Pub. L. 10017,  103(b) Subsec. (e)(5). Pub. L. 10017,  103(f)(1)(E) Subsec. (e)(6). Pub. L. 10017,  103(f)(1)(F) Subsec. (e)(7). Pub. L. 10017,  103(f)(1)(G) 1983Subsec. (b)(1). Pub. L. 97424,  108(f) Subsec. (e)(4). Pub. L. 97424,  107(a)(1) Sept. 30, 1983 Sept. 30, 1986 Pub. L. 97424,  107(a)(2) Pub. L. 97424,  107(b) March 7, 1978 Pub. L. 97424,  107(c)(1)(A) Pub. L. 97424,  107(c)(1)(B) Pub. L. 97424,  107(c)(1)(C) Pub. L. 97424,  107(d) May 12, 1982 Sept. 30, 1985 Pub. L. 97424,  107(e)(1) Pub. L. 97424,  107(e)(2) section 103 of this title 1979Subsec. (e)(4). Pub. L. 96144 Sept. 30, 1979 Sept. 30, 1979 Pub. L. 96106,  1 section 139 of this title Subsec. (e)(5). Pub. L. 96106,  2(a) November 6, 1978 Subsec. (e)(6) to (9). Pub. L. 96106,  2(c) 1978Subsec. (e)(2). Pub. L. 95599,  107(a)(1) Subsec. (e)(4). Pub. L. 95599,  107(a)(2) section 120 of this title Subsec. (e)(5) to (7). Pub. L. 95599,  107(f)(1)(B) 1976Subsec. (e)(2). Pub. L. 94280 Subsec. (e)(4). Pub. L. 94280,  110(a) section 103 of this title section 120 of this title Aug. 13, 1973 June 30, 1981 Pub. L. 94280,  110(b) Subsec. (e)(5). Pub. L. 94280,  109(b) 1975Subsec. (e)(2), (4). Pub. L. 93643 1973Subsec. (b). Pub. L. 9387,  148(a) Subsec. (c). Pub. L. 9387,  148(b) Subsec. (d)(1). Pub. L. 9387 section 134 of this title section 134 of this title Subsec. (d)(2). Pub. L. 9387,  148(c) Subsec. (e)(2). Pub. L. 9387,  137(a) Subsec. (e)(4). Pub. L. 9387,  137(b) Subsec. (g). Pub. L. 9387,  110(a) July 1, 1974 July 1, 1973 July 1, 1973 July 1, 1975 July 1, 1975 Subsec. (h). Pub. L. 9387,  110(b) 1970Subsec. (a). Pub. L. 91605,  106(b)(3) Subsecs. (b), (c). Pub. L. 91605,  106(b)(1) Subsecs. (d), (e). Pub. L. 91605,  106(b)(1) Subsec. (f). Pub. L. 91605,  106(b)(1) Subsec. (g). Pub. L. 91605,  124 1968Subsec. (d)(1). Pub. L. 90495,  14(a) Subsec. (d)(2). Pub. L. 90495,  21 Subsec. (d)(3). Pub. L. 90495,  14(b) Subsec. (d). Pub. L. 90238 1962Subsec. (c). Pub. L. 87866 1960Subsec. (d). Pub. L. 86624,  17(c) 1959Subsec. (f). Pub. L. 8670 Subsec. (g). Pub. L. 86624,  17(b) Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1994 Amendment Pub. L. 103429,  7(a) Oct. 31, 1994 108 Stat. 4388 July 5, 1994 Effective Date of 1991 Amendment Amendment by sections 1006 and 1011 of Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Effective Date of 1978 Amendment Pub. L. 95599, title I,  107(c) Nov. 6, 1978 92 Stat. 2694 The amendment made by subsection (a) of this section [amending this section] shall apply to each route or portion thereof designated under [former] section 103(e)(2) of title 23 January 1, 1978 Pub. L. 95599, title I,  107(f)(2) Nov. 6, 1978 92 Stat. 2695 section 107(f)(1) of Pub. L. 95599 Nov. 6, 1978 Pub. L. 96106,  2(b) Nov. 9, 1979 93 Stat. 796 Effective Date of 1973 Amendment Pub. L. 9387, title I,  110(c) Aug. 13, 1973 87 Stat. 256 The amendments made by subsections (a) and (b) of this section [amending this section] shall take effect June 30, 1973 Effective Date of 1968 Amendment Amendment by Pub. L. 90495 Aug. 23, 1968 section 37 of Pub. L. 90495 section 101 of this title Effective Date of 1962 Amendment Pub. L. 87866,  8(b) Oct. 23, 1962 76 Stat. 1147 The amendment made by subsection (a) of this section [amending this section] shall apply to apportionments made before as well as after the date of enactment of this Act [ Oct. 23, 1962 Effective Date of 1959 Amendment Pub. L. 8670,  21(d) June 25, 1959 73 Stat. 145 July 1, 1959 State Flexibility for National Highway System Modifications Pub. L. 11494, div. A, title I,  1122(a) Dec. 4, 2015 129 Stat. 1368  (a)  National Highway System Flexibility Not later than 90 days after the date of enactment of this Act [ Dec. 4, 2015 (1) to review roads classified as principal arterials in the State that were added to the National Highway System as of October 1, 2012 section 103 of title 23 (2) to identify any necessary functional classification changes to rural and urban principal arterials. (b)  Administrative Actions The Secretary shall direct the division offices of the Federal Highway Administration to work with the applicable State department of transportation that requests assistance under this section (1) to assist in the review of roads in accordance with guidance issued under subsection (a); (2) to expeditiously review and facilitate requests from States to reclassify roads classified as principal arterials; and (3) in the case of a State that requests the withdrawal of reclassified roads from the National Highway System under section 103(b)(3) of title 23 (c)  National Highway System Modification Regulations The Secretary shall (1) review the National Highway System modification process described in appendix D of part 470 of title 23, Code of Federal Regulations (or successor regulations); and (2) take any action necessary to ensure that a State may submit to the Secretary a request to modify the National Highway System by withdrawing a road from the National Highway System. (d)  Report to Congress Not later than 1 year after the date of enactment of this Act, and annually 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 that includes a description of (1) each request for reclassification of National Highway System roads; (2) the status of each request; and (3) if applicable, the justification for the denial by the Secretary of a request. Real-time System Management Information Program Pub. L. 10959, title I,  1201 Aug. 10, 2005 119 Stat. 1196  (a)  Establishment. (1)  In general The Secretary [of Transportation] shall establish a real-time system management information program to provide, in all States, the capability to monitor, in real-time, the traffic and travel conditions of the major highways of the United States and to share that information to improve the security of the surface transportation system, to address congestion problems, to support improved response to weather events and surface transportation incidents, and to facilitate national and regional highway traveler information. (2)  Purposes The purposes of the real-time system management information program are to (A) establish, in all States, a system of basic real-time information for managing and operating the surface transportation system; (B) identify longer range real-time highway and transit monitoring needs and develop plans and strategies for meeting such needs; and (C) provide the capability and means to share that data with State and local governments and the traveling public. (b)  Data Exchange Formats Not later than 2 years after the date of enactment of this Act [ Aug. 10, 2005 (c)  Regional Intelligent Transportation System Architecture. (1)  Addressing information needs As State and local governments develop or update regional intelligent transportation system architectures, described in section 940.9 of title 23, Code of Federal Regulations, such governments shall explicitly address real-time highway and transit information needs and the systems needed to meet such needs, including addressing coverage, monitoring systems, data fusion and archiving, and methods of exchanging or sharing highway and transit information. (2)  Data exchange States shall incorporate the data exchange formats established by the Secretary [of Transportation] under subsection (b) to ensure that the data provided by highway and transit monitoring systems may readily be exchanged with State and local governments and may be made available to the traveling public. (d)  Eligibility Subject to project approval by the Secretary [of Transportation], a State may obligate funds apportioned to the State under [former] sections 104(b)(1), 104(b)(2), and 104(b)(3) of title 23, United States Code, for activities relating to the planning and deployment of real-time monitoring elements that advance the goals and purposes described in subsection (a). (e)  Limitation on Statutory Construction Nothing in this section shall be construed as altering or otherwise affecting the applicability of the requirements of chapter 1 of title 23, United States Code (including requirements relating to the eligibility of a project for assistance under the program, the location of the project, and the Federal-share payable on account of the project), to amounts apportioned to a State for a program under section 104(b) that are obligated by the State for activities and projects under this section. (f)  Statewide Incident Reporting System Defined In this section, the term statewide incident reporting system means a statewide system for facilitating the real-time electronic reporting of surface transportation incidents to a central location for use in monitoring the event, providing accurate traveler information, and responding to the incident as appropriate. Freight Intermodal Distribution Pilot Grant Program Pub. L. 10959, title I,  1306 Aug. 10, 2005 119 Stat. 1215 Pub. L. 112141, div. A, title I,  1519(b)(2) July 6, 2012 126 Stat. 575 Administration of National Highway System and Interstate Maintenance Program Pub. L. 105178, title I,  1106(a) June 9, 1998 112 Stat. 131 The Secretary shall administer the National Highway System program and the Interstate Maintenance program as a combined program for purposes of allowing States maximum flexibility. References in this Act [see Tables for classification] and title 23, United States Code, shall not be affected by such consolidation. Unobligated Balances of Interstate Substitute Funds Pub. L. 105178, title I,  1106(b) June 9, 1998 112 Stat. 136 Unobligated balances of funds apportioned to a State under section 103(e)(4)(H) of title 23 June 9, 1998 Intermodal Freight Connectors Study Pub. L. 105178, title I,  1106(d) June 9, 1998 112 Stat. 136 June 9, 1998 Functional Reclassification of Highways Pub. L. 102240, title I,  1006(c) Dec. 18, 1991 105 Stat. 1925  (1)  State action Each State shall functionally reclassify the roads and streets in such State in accordance with such guidelines and time schedule as the Secretary may establish in order to carry out the objectives of this section [amending this section and sections 101, 104 and 113 of this title and enacting provisions set out as a note under section 311 of this title (2)  Approval and submission to congress Not later than September 30, 1993 (3)  State defined In this subsection, the term State has the meaning such term has under section 101 of title 23 Apportionment Factors for Expenditures on Substitute Highway and Transit Projects Pub. L. 10017, title I,  103(a) Apr. 2, 1987 101 Stat. 136 22 U.S.C. 103(e)(4) Substitute Transit Projects; Increase in Cost To Complete; Apportionment Factors Pub. L. 10017, title I,  103(c) Apr. 2, 1987 101 Stat. 141 Combined Road Plan Demonstration Program; Report to Congressional Committees Pub. L. 10017, title I,  137 Apr. 2, 1987 101 Stat. 174 Apr. 2, 1987 Routes Withdrawn; Availability to Secretary of Sums Where Sums Determined Are Less Than Cost of Completing Withdrawn Routes Pub. L. 97424, title I,  107(c)(2) Jan. 6, 1983 96 Stat. 2012 Pub. L. 10017, title I,  103(f)(2) Apr. 2, 1987 101 Stat. 142 June 30, 1980 Withdrawal of Secretarys Approval of Route or Portion of Route on Interstate System Between June 20, 1979 June 30, 1979 Pub. L. 96144,  3 Dec. 13, 1979 93 Stat. 1084 Necessity of Environmental Impact Statement Prior to Route Construction on The Dwight D. Eisenhower System of Interstate and Defense Highways Pub. L. 95599, title I,  107(d) Nov. 6, 1978 92 Stat. 2694 Pub. L. 101427 Oct. 15, 1990 104 Stat. 927 September 30, 1983 Time Limit for Commencement of, or Contract for, Construction; Removal From Designation as Part of Interstate System Pub. L. 95599, title I,  107(e) Nov. 6, 1978 92 Stat. 2694 Pub. L. 97424, title I,  107(g) Jan. 6, 1983 96 Stat. 2103 Pub. L. 10017, title I,  103(d)(1) Apr. 2, 1987 101 Stat. 141 Sept. 30, 1986 Interstate System Routes Withdrawn for Purpose of Designating Alternative Routes as Subject to Route Withdrawal Provisions Pub. L. 94280, title I,  111(b) May 5, 1976 90 Stat. 433 section 111(a) of Pub. L. 94280 Interstate System Subsection (e)(4) Provisions in Effect Prior to Amendment by Pub. L. 94280,  110 June 30, 1981 Section 103(e)(4) of this title Pub. L. 9387, title I,  137(b) Aug. 13, 1973 87 Stat. 269 Pub. L. 93643,  125(b) Jan. 4, 1975 88 Stat. 2290 section 110 of Pub. L. 94280 Upon the joint request of a State Governor and the local governments concerned, the Secretary may withdraw his approval of any route or portion thereof on the Interstate System within any urbanized area in that State selected and approved in accordance with this title prior to the enactment of this paragraph, if he determines that such route or portion thereof is not essential to completion of a unified and connected Interstate System or will no longer be essential by reason of the application of this paragraph and will not be constructed as a part of the Interstate System, and if he receives assurances that the State does not intend to construct a toll road in the traffic corridor which would be served by such route or portion thereof. The mileage of the route or portion thereof approval of which is withdrawn under this paragraph shall be available for designation on the Interstate System in any other State in accordance with paragraph (1) of this subsection. After the Secretary has withdrawn his approval of any such route or portion thereof, whenever responsible local officials of such urbanized area notify the State highway department that, in lieu of a route or portion thereof approval for which is withdrawn under this paragraph, their needs require a nonhighway public mass transit project involving the construction of fixed rail facilities, or the purchase of passenger equipment, including rolling stock for any mode of mass transit, or both, and the State highway department determines that such public mass transit project is in accordance with the planning process under section 134 of this title June 30, 1981 Basis of Federal-Aid Systems Realignment Pub. L. 9387, title I,  148(d) Aug. 13, 1973 87 Stat. 274 Federal-aid systems realignment shall be based upon anticipated functional usage in the year 1980 or a planned connected system.  104. Apportionment (a)  Administrative Expenses. (1)  In general There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration (A) $490,964,697 for fiscal year 2022; (B) $500,783,991 for fiscal year 2023; (C) $510,799,671 for fiscal year 2024; (D) $521,015,664 for fiscal year 2025; and (E) $531,435,977 for fiscal year 2026. (2)  Purposes The amounts authorized to be appropriated by this subsection shall be used (A) to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2; (B) to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; and (C) to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with section 3521 of title 31 (3)  Availability The amounts made available under paragraph (1) shall remain available until expended. (b)  Division Among Programs of States Share of Base Apportionment The Secretary shall distribute the amount of the base apportionment apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway freight program, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134 as follows: (1)  National highway performance program For the national highway performance program, 59.0771195921461 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). (2)  Surface transportation block grant program For the surface transportation block grant program, 28.7402203421251 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). (3)  Highway safety improvement program For the highway safety improvement program, 6.70605141316253 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). (4)  Congestion mitigation and air quality improvement program. (A)  In general For the congestion mitigation and air quality improvement program, an amount determined for the State under subparagraphs (B) and (C). (B)  Total amount The total amount for the congestion mitigation and air quality improvement program for all States shall be (i) $2,536,490,803 for fiscal year 2022; (ii) $2,587,220,620 for fiscal year 2023; (iii) $2,638,965,032 for fiscal year 2024; (iv) $2,691,744,332 for fiscal year 2025; and (v) $2,745,579,213 for fiscal year 2026. (C)  State share For each fiscal year, the Secretary shall distribute among the States the total amount for the congestion mitigation and air quality improvement program under subparagraph (B) so that each State receives an amount equal to the proportion that (i) the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2020; bears to (ii) the total amount of funds apportioned to all States for that program for fiscal year 2020. (5)  National highway freight program. (A)  In general For the national highway freight program under section 167, the Secretary shall set aside from the base apportionment determined for a State under subsection (c) an amount determined for the State under subparagraphs (B) and (C). (B)  Total amount The total amount set aside for the national highway freight program for all States shall be (i) $1,373,932,519 for fiscal year 2022; (ii) $1,401,411,169 for fiscal year 2023; (iii) $1,429,439,392 for fiscal year 2024; (iv) $1,458,028,180 for fiscal year 2025; and (v) $1,487,188,740 for fiscal year 2026. (C)  State share For each fiscal year, the Secretary shall distribute among the States the total set-aside amount for the national highway freight program under subparagraph (B) so that each State receives the amount equal to the proportion that (i) the total base apportionment determined for the State under subsection (c); bears to (ii) the total base apportionments for all States under subsection (c). (6)  Metropolitan planning. (A)  In general To carry out section 134, an amount determined for the State under subparagraphs (B) and (C). (B)  Total amount The total amount for metropolitan planning for all States shall be (i) $438,121,139 for fiscal year 2022; (ii) $446,883,562 for fiscal year 2023; (iii) $455,821,233 for fiscal year 2024; (iv) $464,937,657 for fiscal year 2025; and (v) $474,236,409 for fiscal year 2026. (C)  State share For each fiscal year, the Secretary shall distribute among the States the total amount to carry out section 134 under subparagraph (B) so that each State receives an amount equal to the proportion that (i) the amount apportioned to the State to carry out section 134 for fiscal year 2020; bears to (ii) the total amount of funds apportioned to all States to carry out section 134 for fiscal year 2020. (7)  Carbon reduction program For the carbon reduction program under section 175, 2.56266964565637 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). (8)  PROTECT formula program To carry out subsection (c) of the PROTECT program under section 176, 2.91393900690991 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). (c)  Calculation of Amounts. (1)  State share For fiscal year 2022 and each fiscal year thereafter, the amount for each State shall be determined as follows: (A)  Initial amounts The initial amounts for each State shall be determined by multiplying (i) the base apportionment; by (ii) the share for each State, which shall be equal to the proportion that (I) the amount of apportionments that the State received for fiscal year 2021; bears to (II) the amount of those apportionments received by all States for that fiscal year. (B)  Guaranteed amounts The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment that is (i) equal to at least 95 percent of the estimated tax payments paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available that are (I) attributable to highway users in the State; and (II) associated with taxes in effect on July 1, 2019 (ii) at least 2 percent greater than the apportionment that the State received for fiscal year 2021; and (iii) at least 1 percent greater than the apportionment that the State received for the previous fiscal year. (2)  State apportionment On October 1 of fiscal year 2022 and each fiscal year thereafter, the Secretary shall apportion the sums authorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134 in accordance with paragraph (1). (d)  Metropolitan Planning (1)  Use of amounts (A)  Use (i)  In general Except as provided in clause (ii), the amounts apportioned to a State under subsection (b)(6) shall be made available by the State to the metropolitan planning organizations responsible for carrying out section 134 in the State. (ii)  States receiving minimum apportionment A State that received the minimum apportionment for use in carrying out section 134 for fiscal year 2009 may, subject to the approval of the Secretary, use the funds apportioned under subsection (b)(6) to fund transportation planning outside of urbanized areas. (B)  Unused funds Any funds that are not used to carry out section 134 may be made available by a metropolitan planning organization to the State to fund activities under section 135. (2)  Distribution of amounts within states (A)  In general The distribution within any State of the planning funds made available to organizations under paragraph (1) shall be in accordance with a formula that (i) is developed by each State and approved by the Secretary; and (ii) takes into consideration, at a minimum, population, status of planning, attainment of air quality standards, metropolitan area transportation needs, and other factors necessary to provide for an appropriate distribution of funds to carry out section 134 and other applicable requirements of Federal law. (B)  Reimbursement Not later than 15 business days after the date of receipt by a State of a request for reimbursement of expenditures made by a metropolitan planning organization for carrying out section 134, the State shall reimburse, from amounts distributed under this paragraph to the metropolitan planning organization by the State, the metropolitan planning organization for those expenditures. (3)  Determination of population figures For the purpose of determining population figures under this subsection, the Secretary shall use the latest available data from the decennial census conducted under section 141(a) of title 13 (e)  Certification of Apportionments (1)  In general The Secretary shall (A) on October 1 of each fiscal year, certify to each of the State transportation departments the amount that has been apportioned to the State under this section for the fiscal year; and (B) to permit the States to develop adequate plans for the use of amounts apportioned under this section, advise each State of the amount that will be apportioned to the State under this section for a fiscal year not later than 90 days before the beginning of the fiscal year for which the sums to be apportioned are authorized. (2)  Notice to states If the Secretary has not made an apportionment under this section for a fiscal year beginning after September 30, 1998 (3)  Apportionment calculations (A)  In general The calculation of official apportionments of funds to the States under this title is a primary responsibility of the Department and shall be carried out only by employees (and not contractors) of the Department. (B)  Prohibition on use of funds to hire contractors None of the funds made available under this title shall be used to hire contractors to calculate the apportionments of funds to States. (f)  Transfer of Highway and Transit Funds (1)  Transfer of highway funds for transit projects (A)  In general Subject to subparagraph (B), amounts made available for transit projects or transportation planning under this title may be transferred to and administered by the Secretary in accordance with chapter 53 of title 49. (B)  Non-federal share The provisions of this title relating to the non-Federal share shall apply to the amounts transferred under subparagraph (A). (2)  Transfer of transit funds for highway projects (A)  In general Subject to subparagraph (B), amounts made available for highway projects or transportation planning under chapter 53 of title 49 may be transferred to and administered by the Secretary in accordance with this title. (B)  Non-federal share The provisions of chapter 53 of title 49 relating to the non-Federal share shall apply to amounts transferred under subparagraph (A). (3)  Transfer of funds among states or to an operating administration of the department of transportation (A)  In general Subject to subparagraph (B), the Secretary may, at the request of a State, transfer amounts apportioned or allocated under this title to the State to another State, or to an operating administration of the Department of Transportation, for the purpose of funding 1 or more projects that are eligible for assistance with amounts so apportioned or allocated. (B)  Apportionment The transfer shall have no effect on any apportionment of amounts to a State under this section. (C)  Funds suballocated to urbanized areas Amounts that are apportioned or allocated to a State under subsection (b)(3) (as in effect on the day before the date of enactment of the MAP21) or subsection (b)(2) and attributed to an urbanized area of a State with a population of more than 200,000 individuals under section 133(d) may be transferred under this paragraph only if the metropolitan planning organization designated for the area concurs, in writing, with the transfer request. (4)  Transfer of obligation authority Obligation authority for amounts transferred under this subsection shall be transferred in the same manner and amount as the amounts for the projects that are transferred under this section. (g)  Highway Trust Fund Transparency and Accountability Reports. (1)  Compilation of data Not later than 180 days after the date of enactment of the FAST Act, the Secretary shall compile data in accordance with this subsection on the use of Federal-aid highway funds made available under this title. (2)  Requirements The Secretary shall ensure that the reports required under this subsection are made available in a user-friendly manner on the public Internet website of the Department of Transportation and can be searched and downloaded by users of the website. (3)  Contents of reports. (A)  Apportioned and allocated programs On a semiannual basis, the Secretary shall make available a report on funding apportioned and allocated to the States under this title that describes (i) the amount of funding obligated by each State, year-to-date, for the current fiscal year; (ii) the amount of funds remaining available for obligation by each State; (iii) changes in the obligated, unexpended balance for each State, year-to-date, during the current fiscal year, including the obligated, unexpended balance at the end of the preceding fiscal year and current fiscal year expenditures; (iv) the amount and program category of unobligated funding, year-to-date, available for expenditure at the discretion of the Secretary; (v) the rates of obligation on and off the National Highway System, year-to-date, for the current fiscal year of funds apportioned, allocated, or set aside under this section, according to (I) program; (II) funding category or subcategory; (III) type of improvement; (IV) State; and (V) sub-State geographical area, including urbanized and rural areas, on the basis of the population of each such area; and (vi) the amount of funds transferred by each State, year-to-date, for the current fiscal year between programs under section 126. (B)  Project data On an annual basis, the Secretary shall make available a report that provides, for any project funded under this title (excluding projects for which funds are transferred to agencies other than the Federal Highway Administration) with an estimated total cost as of the start of construction greater than $25,000,000, and to the maximum extent practicable, other projects funded under this title, project data describing (i) the specific location of the project; (ii) the total cost of the project; (iii) the amount of Federal funding obligated for the project; (iv) the program or programs from which Federal funds have been obligated for the project; (v) the type of improvement being made, such as categorizing the project as (I) a road reconstruction project; (II) a new road construction project; (III) a new bridge construction project; (IV) a bridge rehabilitation project; or (V) a bridge replacement project; (vi) the ownership of the highway or bridge; (vii) whether the project is located in an area of the State with a population of (I) less than 5,000 individuals; (II) 5,000 or more individuals but less than 50,000 individuals; (III) 50,000 or more individuals but less than 200,000 individuals; or (IV) 200,000 or more individuals; and (viii) available information on the estimated cost of the project as of the start of project construction, or the revised cost estimate based on a description of revisions to the scope of work or other factors affecting project cost other than cost overruns. (h)  Base Apportionment Defined In this section, the term base apportionment means the combined amount authorized for appropriation for the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 889 Pub. L. 8670,  21(e)(2) June 25, 1959 73 Stat. 146 Pub. L. 86657,  8(g) July 14, 1960 74 Stat. 525 Pub. L. 87866,  10(a) Oct. 23, 1962 76 Stat. 1148 Pub. L. 88157 Oct. 24, 1963 77 Stat. 276 Pub. L. 88423,  4(a) Aug. 13, 1964 78 Stat. 397 Pub. L. 89574,  4(b) Sept. 13, 1966 80 Stat. 767 Pub. L. 90495,  4(b) Aug. 23, 1968 82 Stat. 816 Pub. L. 91605, title I Dec. 31, 1970 84 Stat. 1714 Pub. L. 9387, title I Aug. 13, 1973 87 Stat. 254 Pub. L. 94280, title I May 5, 1976 90 Stat. 429 Pub. L. 95599, title I Nov. 6, 1978 92 Stat. 2695 Pub. L. 97134 Dec. 29, 1981 95 Stat. 1700 Pub. L. 10017, title I Apr. 2, 1987 101 Stat. 135 Pub. L. 100202,  101 l Dec. 22, 1987 101 Stat. 1329358 Pub. L. 101516, title III,  333 Nov. 5, 1990 104 Stat. 2184 Pub. L. 102143, title III,  333(c) Oct. 28, 1991 105 Stat. 947 Pub. L. 102240, title I Dec. 18, 1991 105 Stat. 1915 Pub. L. 10459, title III Nov. 28, 1995 109 Stat. 578 Pub. L. 105130 Dec. 1, 1997 111 Stat. 2556 Pub. L. 105178, title I o June 9, 1998 112 Stat. 118125 Pub. L. 105206, title IX,  9002(c)(3) July 22, 1998 112 Stat. 835 Pub. L. 106159, title I,  101(b) Dec. 9, 1999 113 Stat. 1751 Pub. L. 108178,  4(d) Dec. 15, 2003 117 Stat. 2641 Pub. L. 10959, title I Aug. 10, 2005 119 Stat. 1161 Pub. L. 110244, title I,  101(i) June 6, 2008 122 Stat. 1574 Pub. L. 112141, div. A, title I July 6, 2012 126 Stat. 427 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 13291332 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 454  Editorial Notes  References in Text Subsection (b)(3) (as in effect on the day before the date of enactment of the MAP21) referred to in subsec. (f)(3)(C), means subsec. (b)(3) of this section as in effect on the day before the date of enactment of Pub. L. 112141 Oct. 1, 2012 Pub. L. 112141 section 101 of this title The date of enactment of the FAST Act, referred to in subsec. (g)(1), is the date of enactment of Pub. L. 11494 Dec. 4, 2015 Codification Another section 1003(e) of Pub. L. 102240 Pub. L. 105130,  2(d) Amendments 2021Subsec. (a)(1)(A) to (E). Pub. L. 11758,  11104(a) Subsec. (b). Pub. L. 11758,  11104(b)(1) Subsec. (b)(1). Pub. L. 11758,  11104(b)(2) Subsec. (b)(2). Pub. L. 11758,  11104(b)(3) Subsec. (b)(3). Pub. L. 11758,  11104(b)(4) Subsec. (b)(4). Pub. L. 11758,  11104(b)(5) Subsec. (b)(5)(B). Pub. L. 11758,  11104(b)(6)(A) Subsec. (b)(5)(D). Pub. L. 11758,  11104(b)(6)(B) (i) the amount apportioned to the State to carry out section 134 for fiscal year 2009; bears to (ii) the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of MAP21 ( Public Law 112141 126 Stat. 405 Subsec. (b)(6) to (8). Pub. L. 11758,  11104(b)(7) section 134 of this title Subsec. (c)(1). Pub. L. 11758,  11104(c)(1)(A) Subsec. (c)(1)(A)(i). Pub. L. 11758,  11104(c)(1)(B)(i) (I) the base apportionment; (II) supplemental funds reserved under subsection (h)(1) for the national highway performance program; and (III) supplemental funds reserved under subsection (h)(2) for the surface transportation block grant program; by. Subsec. (c)(1)(A)(ii)(I). Pub. L. 11758,  11104(c)(1)(B)(ii) Subsec. (c)(1)(B). Pub. L. 11758,  11104(c)(1)(C) Subsec. (c)(2). Pub. L. 11758,  11104(c)(2) Subsec. (d)(1)(A). Pub. L. 11758,  11104(d) Subsec. (f)(3). Pub. L. 11758,  11525(b)(1) an operating administration of the department of transportation federal highway administration Subsec. (f)(3)(A). Pub. L. 11758,  11525(b)(2) Subsec. (h). Pub. L. 11758,  11104(f) Pub. L. 11758,  11104(e) Subsec. (i). Pub. L. 11758,  11104(f)(1) 2015Subsec. (a)(1). Pub. L. 11494,  1104(a) (A) $454,180,326 for fiscal year 2013; and (B) $440,000,000 for fiscal year 2014. Subsec. (b). Pub. L. 11494,  1104(b)(1) Subsec. (b)(1). Pub. L. 11494,  1104(b)(2) Subsec. (b)(2). Pub. L. 11494,  1104(b)(2) Surface transportation block grant program Surface transportation program Subsec. (b)(3). Pub. L. 11494,  1104(b)(2) Subsec. (b)(4). Pub. L. 11494,  1104(b)(4) Subsec. (b)(5). Pub. L. 11494,  1104(b)(6) Subsec. (b)(6). Pub. L. 11494,  1104(b)(5) Subsec. (c). Pub. L. 11494,  1104(c) Subsec. (d)(1)(A). Pub. L. 11494,  1104(e)(1) Subsec. (e). Pub. L. 11494,  1446(d)(5)(A) Pub. L. 112141,  1519(c)(3) Subsec. (g). Pub. L. 11494,  1402(a) Subsecs. (h), (i). Pub. L. 11494,  1104(d) 2012 Pub. L. 112141,  1105(a) l Subsec. (e). Pub. L. 112141,  1519(c)(3) Pub. L. 11494,  1446(d)(5)(A) 2008Subsec. (b)(5)(A)(iii). Pub. L. 110244,  101(i) Subsec. (f)(1). Pub. L. 110244,  101(m)(3)(A) 2005Subsec. (a). Pub. L. 10959,  1103(a)(1) Subsec. (b). Pub. L. 10959 Subsec. (b)(1)(A). Pub. L. 10959 Subsec. (b)(2)(B)(i). Pub. L. 10959,  1103(d)(1)(A) (I) at the time of the apportionment, the area is a maintenance area; or (II) at the time of the apportionment, the area is classified as a submarginal ozone nonattainment area under the Clean Air Act ( 42 U.S.C. 7401 Subsec. (b)(2)(B)(viii). Pub. L. 10959,  1103(d)(1)(B) Subsec. (b)(2)(C). Pub. L. 10959,  1103(d)(2) Subsec. (b)(5). Pub. L. 10959,  1401(b)(2) Subsec. (d)(1). Pub. L. 10959,  1103(f)(1) Subsec. (d)(2). Pub. L. 10959,  1103(f)(1) Subsec. (d)(2)(A). Pub. L. 10959,  1103(f)(1) Subsec. (d)(2)(E). Pub. L. 10959,  1103(f)(2) Subsec. (e)(1). Pub. L. 10959,  1103(a)(2)(B) Subsec. (f)(1). Pub. L. 10959,  1107(1) section 134 of this title Subsec. (f)(2). Pub. L. 10959,  1107(2) Subsec. (f)(3). Pub. L. 10959,  1107(3) Subsec. (f)(4). Pub. L. 10959,  1107(4) Subsec. (g). Pub. L. 10959,  1401(a)(3)(A) Subsec. (h)(1). Pub. L. 10959,  1109(a)(1) Subsec. (h)(2). Pub. L. 10959,  1109(a)(2) Subsec. (i). Pub. L. 10959,  1103(a)(2)(C) Subsec. (j). Pub. L. 10959,  1103(e) Subsec. (k). Pub. L. 10959,  1108 (1) Transfer of highway funds (2) Transfer of transit funds (3) Transfer of obligation authority 2003Subsec. (a)(1). Pub. L. 108178 section 14501 of title 40 1999Subsec. (a)(1). Pub. L. 106159,  101(b)(1) Subsec. (a)(4). Pub. L. 106159,  101(b)(4) 1998Subsec. (a). Pub. L. 105178,  1103(a) section 307 of this title Subsec. (a)(1). Pub. L. 105178,  1103 o Pub. L. 105206,  9002(c)(3) Subsec. (b). Pub. L. 105178,  1103(b) Subsec. (b)(1)(A). Pub. L. 105178,  1103 o Pub. L. 105206,  9002(c)(3) Subsec. (b)(4)(B)(i). Pub. L. 105178,  1103 o Pub. L. 105206,  9002(c)(3) (I) section 103; (II) section 139(a) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century) before March 9, 1984 92 Stat. 2692 (III) section 139(c) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century); in each State. Subsec. (d)(1). Pub. L. 105178,  1103(c)(1) Subsec. (d)(2). Pub. L. 105178,  1103(c)(2) (2) Railway-highway crossing hazard elimination in high speed rail corridors (B) A corridor selected by the Secretary under subparagraph (A) must include rail lines where railroad speeds of 90 miles per hour are occurring or can reasonably be expected to occur in the future. Subsec. (d)(3). Pub. L. 105178,  1103(c)(2) Subsec. (e). Pub. L. 105178,  1103(d) Subsec. (e)(1). Pub. L. 105178,  1212(a)(2)(A)(ii) Subsec. (e)(2). Pub. L. 105178,  1103 o Pub. L. 105206,  9002(c)(3) Subsec. (f). Pub. L. 105178,  1103(k)(1) Subsec. (f)(1). Pub. L. 105178,  1103(k)(2) section 134 of this title Pub. L. 105178,  1103(e)(1) Pub. L. 105178,  1103(k)(1) Pub. L. 105178,  1103(e)(1) Subsec. (f)(2). Pub. L. 105178,  1103(k)(3) Subsec. (f)(3). Pub. L. 105178,  1103(e)(2) section 120(j) of this title Subsec. (f)(4). Pub. L. 105178,  1103(k)(5) Subsec. (f)(5). Pub. L. 105178,  1103(k)(6) Subsec. (g). Pub. L. 105178,  1212(a)(2)(A)(i) Subsec. (h). Pub. L. 105178,  1103(f) 16 U.S.C. 1261 October 1, 1997 March 31, 1998 Subsec. (i). Pub. L. 105178,  1103(g) (i) Woodrow Wilson Memorial Bridge. (1) Expenditure October 1, 1997 March 31, 1998 (2) Federal share Subsec. (j). Pub. L. 105178,  1103(h) Subsec. (k). Pub. L. 105178,  1103(i) Subsec. ( l Pub. L. 105178,  1103(j) l 1997Subsec. (h). Pub. L. 105130,  5(b) Pub. L. 102240,  1003(e) Subsec. (i)(1). Pub. L. 105130,  4(a)(3) October 1, 1997 March 31, 1998 1995Subsec. (b)(2). Pub. L. 10459,  319(a)(2) 42 U.S.C. 7501(2) Subsec. (g). Pub. L. 10459,  302 Subsecs. (h) to (j). Pub. L. 10459 1991Subsec. (a). Pub. L. 102240,  1007(b)(2)(A) Subsec. (a)(2), (3). Pub. L. 102143,  333(c) Pub. L. 101516,  333 Subsec. (b). Pub. L. 102240,  1007(b)(2) Pub. L. 102143,  333(c) Pub. L. 101516,  333 Subsec. (b)(1). Pub. L. 102240,  1006(e) Two-thirds according to the following formula: one-third in the ratio which the area of each State bears to the total area of all the States, one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States as shown by the latest available Federal census, and one-third in the ratio which the mileage of rural delivery routes and intercity mail routes where service is performed by motor vehicles in each State bear to the total mileage of rural delivery and intercity mail routes where service is performed by motor vehicles, as shown by a certificate of the Postmaster General, which he is directed to make and furnish annually to the Secretary; and one-third as follows: in the ratio which the population in urban areas in each State bears to the total population in urban areas in all the States as shown by the latest Federal census. No State (other than the District of Columbia) shall receive less than one-half of 1 per centum of each years apportionment. Subsec. (b)(2). Pub. L. 102240,  1008(b) One-third in the ratio which the area of each State bears to the total area of all the States; one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States as shown by the latest available Federal census; and one-third in the ratio which the mileage of rural delivery and intercity mail routes where service is performed by motor vehicles, certified as above provided, in each State bears to the total mileage of rural delivery and intercity mail routes where service is performed by motor vehicles in all the States. No State (other than the District of Columbia) shall receive less than one-half of 1 per centum of each years apportionment. Subsec. (b)(3). Pub. L. 102240,  1007(b)(1) Subsec. (b)(5)(A). Pub. L. 102240,  1001(c) Subsec. (b)(5)(B). Pub. L. 102240,  1009(d) section 139(a) of this title March 9, 1984 Subsec. (c). Pub. L. 102240,  1006(f) (1) Subject to subsection (d), the amount apportioned in any fiscal year, commencing with the apportionment of funds authorized to be appropriated under subsection (a) of section 102 of the Federal-Aid Highway Act of 1956 ( 70 Stat. 374 (2) Subject to subsection (d), the amount apportioned in any fiscal year to each State in accordance with paragraph (1) or (6) of subsection (b) of this section may be transferred from the apportionment under one paragraph to the apportionment under the other paragraph if such transfer is requested by the State highway department and is approved by the Governor of such State and the Secretary as being in the public interest. Funds apportioned in accordance with paragraph (6) of subsection (b) of this section shall not be transferred from their allocation to any urbanized area of two hundred thousand population or more under section 150 of this title Pub. L. 102143,  333(c) Pub. L. 101516,  333 Subsec. (d). Pub. L. 102240,  1010 (1) In the case of transfers under paragraph (1), the total of all transfers during any fiscal year to any apportionment shall not increase the original amount of such apportionment for such fiscal year by more than 50 per centum. Not more than 50 per centum of the original amount of an apportionment for any fiscal year shall be transferred to other apportionments. (2) In the case of transfers under paragraph (2), the total of all transfers during any fiscal year to any apportionment shall not increase the original amount of such apportionment for such fiscal year by more than 50 per centum. Not more than 50 per centum of the original amount of an apportionment for any fiscal year shall be transferred to other apportionments. (3) No transfer shall be made from an apportionment during any fiscal year if during such fiscal year a transfer has been made to such apportionment. (4) No transfer shall be made to an apportionment during any fiscal year if during such fiscal year a transfer has been made from such apportionment. Subsec. (f)(1). Pub. L. 102240,  1024(b)(1) Subsec. (f)(3). Pub. L. 102240,  1024(b)(4) Subsec. (f)(4). Pub. L. 102240,  1024(b)(5) Subsec. (f)(5). Pub. L. 102240,  1024(b)(6) Subsec. (g). Pub. L. 102240,  1028(g) Subsec. (h). Pub. L. 102240,  1003(e) Pub. L. 105130,  5(b) October 1, 1997 March 31, 1998 1990Subsec. (a)(2), (3). Pub. L. 101516,  333 [part] (2) The Secretary shall withhold 10 per centum (including any amounts withheld under paragraph (1)) of the amount required to be apportioned to any State under each of paragraphs (1), (2), (5), and (6) of section 104(b) on the first day of each fiscal year which begins after the fourth full calendar year following the date of enactment of this section if the State does not meet the requirements of paragraph (3) on the first day of such fiscal year. (3) A State meets the requirements of this paragraph if (A) the State has enacted and is enforcing a law that requires in all circumstances, or requires in the absence of compelling circumstances warranting an exception (i) the revocation, or suspension for at least 6 months, of the drivers license of any individual who is convicted, after the enactment of such law, of (I) any violation of the Controlled Substances Act, or (II) any drug offense, and (ii) a delay in the issuance or reinstatement of a drivers license to such an individual for at least 6 months after the individual applies for the issuance or reinstatement of a drivers license if the individual does not have a drivers license, or the drivers license of the individual is suspended, at the time the individual is so convicted, or (B) The Governor of the State (i) submits to the Secretary no earlier than the adjournment sine die of the first regularly scheduled session of the States legislature which begins after the date of enactment of this section a written certification stating that he is opposed to the enactment or enforcement in his State of a law described in subparagraph (A) relating to the revocation, suspension, issuance, or reinstatement of drivers licenses to convicted drug offenders; and (ii) submits to the Secretary a written certification that the legislature (including both Houses where applicable) has adopted a resolution expressing its opposition to a law described in clause (i). was repealed by Pub. L. 102143,  333(c) Subsec. (b). Pub. L. 101516,  333 [part] (1)(A) Any funds withheld under subsection (a) from apportionment to any State on or before September 30, 1995 (i) If such funds would have been apportioned under section 104(b)(5)(A) but for this section, such funds shall remain available until the end of the fiscal year for which such funds are authorized to be appropriated. (ii) If such funds would have been apportioned under section 104(b)(5)(B) but for this section, such funds shall remain available until the end of the second fiscal year following the fiscal year for which such funds are authorized to be appropriated. (iii) If such funds would have been apportioned under paragraph (1), (2), or (6) of section 104(b) but for this section, such funds shall remain available until the end of the third fiscal year following the fiscal year for which such funds are authorized to be appropriated. (B) No funds withheld under this section from apportionment to any State after September 30, 1995 (2) If, before the last day of the period for which funds withheld under subsection (a) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirements of subsection (a)(3), the Secretary shall, on the first day on which the State meets the requirements of subsection (a)(3), apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. (3) Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure as follows: (A) Funds originally apportioned under section 104(b)(5)(A) shall remain available until the end of the fiscal year succeeding the fiscal year in which such funds are apportioned under paragraph (2). (B) Funds originally apportioned under paragraph (1), (2), (5)(B), or (6) of section 104(b) shall remain available until the end of the third fiscal year succeeding the fiscal year in which such funds are so apportioned. Sums not obligated at the end of such period shall lapse or, in the case of funds apportioned under section 104(b)(5), shall lapse and be made available by the Secretary for projects in accordance with section 118(b). (4) If, at the end of the period for which funds withheld under subsection (a) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirements of subsection (a)(3), such funds shall lapse or, in the case of funds withheld from apportionment under section 104(b)(5), such funds shall lapse and be made available by the Secretary for projects in accordance with section 118(b). was repealed by Pub. L. 102143,  333(c) section 159(b) of this title Subsec. (c). Pub. L. 101516,  333 [part] (1) The term drivers license means a license issued by a State to any individual that authorizes the individual to operate a motor vehicle on highways. (2) The term drug offense means any criminal offense which proscribes (A) the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under the Controlled Substances Act, or (B) the operation of a motor vehicle under the influence of such a substance. (3) The term convicted includes adjudicated under juvenile proceedings. was repealed by Pub. L. 102143,  333(c) section 159(c) of this title 1987Subsec. (b). Pub. L. 10017,  114(e)(1) Subsec. (b)(5)(A). Pub. L. 10017,  102(b)(1) September 30, 1990 January 2, 1989 January 2, 1991 Pub. L. 10017,  102(b)(2) section 118(b)(2) of this title Subsec. (g). Pub. L. 100202 section 219 of this title 1981Subsec. (b)(5)(A). Pub. L. 97134,  4(c) Jan. 2, 1983 Subsec. (b)(5)(B). Pub. L. 97134,  5 1978Subsec. (b)(5)(A). Pub. L. 95599,  108 Subsec. (b)(5)(B). Pub. L. 95599,  116(b) Subsec. (d). Pub. L. 95599,  109 Subsec. (h). Pub. L. 95599,  110 1976Subsec. (b). Pub. L. 94280,  112(a) Subsec. (b)(1). Pub. L. 94280,  112(b) Subsec. (b)(3). Pub. L. 94280,  112(c) Subsec. (b)(5)(A). Pub. L. 94280 September 30, 1977 June 30, 1977 September 30, 1978 June 30, 1978 September 30, 1979 June 30, 1979 September 30, 1980 January 2, 1979 September 30, 1981 Subsec. (b)(5)(B). Pub. L. 94280,  106(b) Subsec. (c). Pub. L. 94280,  113(a) Subsec. (d). Pub. L. 94280,  113(a) Subsec. (e). Pub. L. 94280,  112(d) Subsec. (f)(1). Pub. L. 94280,  112(e) Subsec. (f)(3). Pub. L. 94280,  112(f) Subsec. (g). Pub. L. 94280,  206 section 219 of this title 1973Subsec. (b)(1). Pub. L. 9387,  111(a)(1) Subsec. (b)(2). Pub. L. 9387,  111(a)(1) Subsec. (b)(5). Pub. L. 9387,  106(b) June 30, 1976 Jan. 2, 1975 Jan. 2, 1974 Subsec. (b)(6). Pub. L. 9387,  111(a)(4) Subsec. (c). Pub. L. 9387,  111(a)(5) Subsec. (d). Pub. L. 9387,  111(a)(6) Subsec. (f). Pub. L. 9387,  112 section 134 of this title Subsec. (g). Pub. L. 9387,  227 1970Subsec. (b)(5). Pub. L. 91605,  104(b) April 20, 1970 January 2, 1970 June 30, 1974 Jan. 2, 1972 Jan. 2, 1974 Subsec. (b)(6). Pub. L. 91605,  106(c)(2) Subsec. (f). Pub. L. 91605,  106(c)(1) 1968Subsec. (b)(5). Pub. L. 90495 June 30, 1971 January 2, 1970 January 2, 1969 June 30, 1973 June 30, 1974 1966Subsec. (b)(5). Pub. L. 89574 June 30, 1971 June 30, 1971 June 30, 1972 1964Subsec. (b)(5). Pub. L. 88423 January 2, 1961 January 2, 1962 1963Subsec. (b)(3). Pub. L. 88157,  2 Subsec. (b)(5). Pub L. 88157,  3, substituted 1971 for 1969 in introductory text and 3d sentence; inserted For the fiscal years 1960 through 1966, and substituted such State for each State in 1st sentence; inserted 2d sentence respecting apportionment for fiscal years 1967 through 1971; substituted in 9th sentence  January 2, 1965 January 2, 1966 January 2, 1968 June 30, 1967 June 30, 1968 June 30, 1969 Jan. 2, 1968 June 30, 1970 Jan. 2, 1969 June 30, 1971 1962Subsec. (b)(1). Pub. L. 87866 1960Subsec. (b)(5). Pub L. 86657 struck out provisions which required, in making the estimates of cost for completing the Interstate System, exclusion of the cost of completing any mileage designated from the one thousand additional miles authorized by section 108(1) of the Federal-Aid Highway Act of 1956. 1959Subsec. (b). Pub. L. 8670 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Except as otherwise provided, amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Pub. L. 11494, div. A, title I,  1446(d) Dec. 4, 2015 129 Stat. 1438 July 6, 2012 Pub. L. 112141 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 2008 Amendment Pub. L. 110244, title I,  101(i) June 6, 2008 122 Stat. 1574 Oct. 1, 2007 Effective Date of 2003 Amendment Amendment by Pub. L. 108178 Aug. 21, 2002 section 5 of Pub. L. 108178 section 5334 of Title 5 Effective Date of 1999 Amendment Amendment by Pub. L. 106159 Jan. 1, 2000 section 107(a) of Pub. L. 106159 section 104 of Title 49 Effective Date of 1998 Amendment Title IX of Pub. L. 105206 Pub. L. 105178 Pub. L. 105178 Pub. L. 105178 July 22, 1998 Pub. L. 105206 section 9016 of Pub. L. 105206 section 101 of this title Effective Date of 1991 Amendment Pub. L. 102240, title I,  1100 Dec. 18, 1991 105 Stat. 2026  (a)  General Rule This title [see Tables for classification], including the amendments made by this title, shall take effect on the date of the enactment of this Act [ Dec. 18, 1991 (b)  Applicability The amendments made by this title shall apply to funds authorized to be appropriated or made available after September 30, 1991 September 30, 1991 (c)  Unobligated Balances. (1)  In general Unobligated balances of funds apportioned to a State under [former] sections 104(b)(1), 104(b)(2), 104(b)(5)(B), and 104(b)(6) of title 23, United States Code, before October 1, 1991 September 30, 1991 (2)  Transferability. (A)  Primary system A State may transfer unobligated balances of funds apportioned to the State for the Federal-aid primary system before October 1, 1991 (B)  Secondary and urban system A State may transfer unobligated balances of funds apportioned to the State for the Federal-aid secondary system or the Federal-aid urban system before October 1, 1991 (C)  Applicability of certain laws, regulations, policies, and procedures Funds transferred under this paragraph shall be subject to the laws, regulations, policies, and procedures relating to the apportionment to which they are transferred. Effective Date of 1976 Amendment; Applicable Provisions Dependent on Fiscal Fund Authorizations Pub. L. 94280, title I,  113(b) May 5, 1976 90 Stat. 435 The amendment made by subsection (a) of this section [amending this section] shall take effect on July 1, 1976 September 30, 1977 section 104 of title 23 June 30, 1976 Effective Date of 1968 Amendment Amendment by Pub. L. 90495 Aug. 23, 1968 section 37 of Pub. L. 90495 section 101 of this title Effective Date of 1962 Amendment Pub. L. 87866,  10(b) Oct. 23, 1962 76 Stat. 1148 The amendment made by subsection (a) of this section [amending this section] shall be applicable only with respect to apportionments made after the date of enactment of this Act [ Oct. 23, 1962 Effective Date of 1959 Amendment Amendment by Pub. L. 8670 July 1, 1959 section 21(e) of Pub. L. 8670 section 101 of this title Construction of 1990 Amendment Pub. L. 102143, title III,  333(d) Oct. 28, 1991 105 Stat. 947 The amendments made by section 333 of the Department of Transportation and Related Agencies Appropriations Act, 1991 ( 104 Stat. 21842186 Pub. L. 101516 Transparency and Accountability Pub. L. 112141, div. A, title I,  1503(c) July 6, 2012 126 Stat. 564 Pub. L. 11494, div. A, title I,  1402(b) Dec. 4, 2015 129 Stat. 1407 Evacuation Routes Pub. L. 112141, div. A, title I,  1526 July 6, 2012 126 Stat. 580 Each State shall give adequate consideration to the needs of evacuation routes in the State, including such routes serving or adjacent to facilities operated by the Armed Forces, when allocating funds apportioned to the State under title 23, United States Code, for the construction of Federal-aid highways. Federal-Aid Highways Appropriations Pub. L. 109289, div. B, title II,  21010 Pub. L. 1105,  2 Feb. 15, 2007 121 Stat. 48 Notwithstanding section 101 [ 42 U.S.C. 12651i 121 Stat. 8 [For definition of level as used in section 21010 of Pub. L. 109289 section 101(b) of Pub. L. 109289 section 12651i of Title 42 Adjustments for Surface Transportation Extension Act of 1997 Pub. L. 105178, title I,  1103(m) June 9, 1998 112 Stat. 126 Pub. L. 105178 section 1003(d)(1) of Pub. L. 102240 Advances Pub. L. 10959, title I,  1936 Aug. 10, 2005 119 Stat. 1510 Notwithstanding any other provision of law, funds apportioned to a State under [former] section 104(b) of title 23 Pub. L. 108310,  2 Sept. 30, 2004 118 Stat. 1144 Pub. L. 10914,  2(a) May 31, 2005 119 Stat. 324 Pub. L. 10920,  2(a) July 1, 2005 119 Stat. 346 Pub. L. 10935,  2(a) July 20, 2005 119 Stat. 379 Pub. L. 10937,  2(a) July 22, 2005 119 Stat. 394 Pub. L. 10940,  2(a) July 28, 2005 119 Stat. 410 Pub. L. 10942,  2(b) July 30, 2005 119 Stat. 435  (a)  In General. (1)  Apportionment ratio Except as provided in paragraph (2), the Secretary of Transportation shall apportion funds made available under section 1101( l Pub. L. 105178 112 Stat. 111 118 Stat. 876 118 Stat. 1145 Pub. L. 10914 Pub. L. 10920 Pub. L. 10935 Pub. L. 10937 Pub. L. 10940 (A) the States total fiscal year 2004 obligation authority for funds apportioned for the Federal-aid highway program; bears to (B) all States total fiscal year 2004 obligation authority for funds apportioned for the Federal-aid highway program. (2)  Exception The ratios determined under this subsection shall be subject to the same adjustments as the adjustments made under [former] section 105(f) of title 23 (b)  Programmatic Distributions. (1)  Programs Of the funds to be apportioned to each State under subsection (a), the Secretary shall ensure that the State is apportioned an amount of the funds, determined under paragraph (2), for the Interstate maintenance program, the National Highway System program, the bridge program, the surface transportation program [now the surface transportation block grant program], the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system program, and the minimum guarantee. (2)  In general The amount that each State shall be apportioned under this subsection for each item referred to in paragraph (1) shall be determined by multiplying (A) the amount apportioned to the State under subsection (a); by (B) the ratio that (i) the amount of funds apportioned for the item to the State for fiscal year 2004; bears to (ii) the total of the amount of funds apportioned for the items to the State for fiscal year 2004. (3)  Administration of funds Funds authorized by section 1101( l Pub. L. 105178 118 Stat. 1145 (4)  Special rules for minimum guarantee In carrying out the minimum guarantee under [former] section 105(c) of title 23 (5)  Extension of off-system bridge setaside  [Amended section 144 of this title (c)  Repayment From Future Apportionments. (1)  In general The Secretary shall reduce the amount that would be apportioned, but for this section, to a State for programs under chapter 1 of title 23, United States Code, for fiscal year 2005, under a multiyear law reauthorizing the Federal-aid highway program enacted after the date of enactment of this Act [ Sept. 30, 2004 118 Stat. 1150 (2)  Program category reconciliation The Secretary may establish procedures under which funds apportioned under subsection (a) for a program category for which funds are not authorized under a law described in paragraph (1) may be restored to the Federal-aid highway program. (d)  Authorization of Contract Authority  [Amended section 1101 of Pub. L. 105178 112 Stat. 111 (e)  Limitation on Obligations. (1)  Distribution of obligation authority Subject to paragraph (2), for the period of October 1, 2004 July 30, 2005 Pub. L. 108447 23 U.S.C. 104 118 Stat. 3204 23 U.S.C. 104 118 Stat. 3209 (A) the funding authorized for such program, project, or activity in this Act [see Short Title of 2004 Amendment note set out under section 101 of this title Pub. L. 10914 Pub. L. 10920 Pub. L. 10935 Pub. L. 10937 Pub. L. 10940 (B) 83 percent of the funding provided for or limitation set on such program, project, or activity in title I of division H of the Consolidated Appropriations Act, 2005 [ Pub. L. 108447 (2)  Limitation on total amount of authority distributed The total amount of obligation limitation distributed under paragraph (1) for the period of October 1, 2004 July 30, 2005 (3)  Time period for obligations of funds After August 14, 2005 (4)  Treatment of obligations Any obligation of obligation authority distributed under this subsection shall be considered to be an obligation for Federal-aid highways and highway safety construction programs for fiscal year 2005 for the purposes of the matter under the heading federal-aid highways in title I of division H of the Consolidated Appropriations Act, 2005 [ Pub. L. 108447 23 U.S.C. 104 118 Stat. 3204 Pub. L. 10888,  2 Sept. 30, 2003 117 Stat. 1110 Pub. L. 108202,  2(a) Feb. 29, 2004 118 Stat. 478 Pub. L. 108224,  2(a) Apr. 30, 2004 118 Stat. 627 Pub. L. 108263,  2(a) June 30, 2004 118 Stat. 698 Pub. L. 108280 July 30, 2004 118 Stat. 876 Pub. L. 108310,  12(a) Sept. 30, 2004 118 Stat. 1161  (a)  In General The Secretary of Transportation shall apportion funds made available under section 1101(c) of the Transportation Equity Act for the 21st Century [ Pub. L. 105178 112 Stat. 116 117 Stat. 1111 Pub. L. 108202 Pub. L. 108224 Pub. L. 108263 Pub. L. 108280 Pub. L. 108310 (1) the States total fiscal year 2003 obligation authority for funds apportioned for the Federal-aid highway program; bears to (2) all States total fiscal year 2003 obligation authority for funds apportioned for the Federal-aid highway program. (b)  Programmatic Distributions. (1)  Programs Of the funds to be apportioned to each State under subsection (a), the Secretary shall ensure that the State is apportioned an amount of the funds, determined under paragraph (2), for the Interstate maintenance program, the National Highway System program, the bridge program, the surface transportation program [now the surface transportation block grant program], the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system program, and the minimum guarantee. (2)  In general The amount that each State shall be apportioned under this subsection for each item referred to in paragraph (1) shall be determined by multiplying (A) the amount apportioned to the State under subsection (a); by (B) the ratio that (i) the amount of funds apportioned for the item to the State for fiscal year 2003; bears to (ii) the total of the amount of funds apportioned for the items to the State for fiscal year 2003. (3)  Administration of funds Funds authorized by section 1101(c) of the Transportation Equity Act for the 21st Century shall be administered as if the funds had been apportioned, allocated, deducted, or set aside, as the case may be, under title 23, United States Code; except that the deductions and set-asides in the following sections of such title shall not apply to such funds: [former] sections 104(a)(1)(A), 104(a)(1)(B), 104(b)(1)(A), 104(d)(1), 104(d)(2), 104(f)(1), 104(h)(1), 118(c)(1), 140(b), 140(c), and 144(g)(1). (4)  Special rules for minimum guarantee In carrying out the minimum guarantee under [former] section 105(c) of title 23 (5)  Extension of off-system bridge setaside  [Amended section 144 of this title [(c) Repealed. Pub. L. 108310,  12(e)(1) Sept. 30, 2004 118 Stat. 1162 (d)  Authorization of Contract Authority  [Amended section 1101 of Pub. L. 105178 112 Stat. 111 (e)  Limitation on Obligations. (1)  Distribution of obligation authority For the fiscal year 2004, the Secretary shall distribute the obligation limitation made available for Federal-aid highways and highway safety construction programs under the heading Federal-aid highways in the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (division F of Public Law 108199 118 Stat. 291 118 Stat. 1013 23 U.S.C. 104 (2)  Calculation of ratio For purposes of the calculation of the ratio under section 110(a)(3) of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (division F of Public Law 108199 118 Stat. 291 23 U.S.C. 104 (A) the obligation limitation for Federal-aid Highways referred to in section 110(a)(3)(A) of such Act shall be deemed to be the obligation limitation for Federal-aid highways and highway safety construction programs for fiscal year 2004 identified under the heading  Federal-Aid Highways 118 Stat. 290 (B) the total of sums authorized to be appropriated for Federal-aid highways and highway safety construction programs (other than sums authorized to be appropriated for sections set forth in paragraphs (1) through (7) of section 110(b) of such Act and sums authorized to be appropriated for [former] section 105 of title 23 Pub. L. 105130,  2 Dec. 1, 1997 111 Stat. 2552  (a)  In General The Secretary of Transportation (referred to in this Act as the Secretary) shall apportion funds made available under section 1003(d) of the Intermodal Surface Transportation Efficiency Act of 1991 [see 111 Stat. 2553 (1) the States total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program; bears to (2) all States total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program. (b)  Programmatic Distributions. (1)  Programs Of the funds to be apportioned to each State under subsection (a), the Secretary shall ensure that the State is apportioned an amount of the funds, determined under paragraph (2), for the Interstate maintenance program, the National Highway System, the bridge program, the surface transportation program [now the surface transportation block grant program], the congestion mitigation and air quality improvement program, minimum allocation under [former] section 157 of title 23 105 Stat. 1940 Pub. L. 102240 section 157 of this title 105 Stat. 1943 105 Stat. 1944 105 Stat. 1944 105 Stat. 2027 109 Stat. 571 (2)  In general The amount that each State shall be apportioned under this subsection for each item referred to in paragraph (1) shall be determined by multiplying (A) the amount apportioned to the State under subsection (a); by (B) the ratio that (i) the amount of funds apportioned for the item, or allocated under sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 ( 105 Stat. 2027 (ii) the total of the amount of funds apportioned for the items, and allocated under those sections, to the State for fiscal year 1997. (3)  Use of funds Amounts apportioned to a State under subsection (a) attributable to sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 shall be available to the State for projects eligible for assistance under chapter 1 of title 23, United States Code. (4)  Administration Funds authorized by the amendment made by subsection (d) shall be administered as if they had been apportioned, allocated, deducted, or set aside, as the case may be, under title 23, United States Code; except that the deduction under [former] section 104(a) of title 23 (c)  Repayment From Future Apportionments. (1)  In general The Secretary shall reduce the amount that would, but for this section, be apportioned to a State for programs under chapter 1 of title 23, United States Code, for fiscal year 1998 under a law reauthorizing the Federal-aid highway program enacted after the date of enactment of this Act [ Dec. 1, 1997 Pub. L. 105130 111 Stat. 2558 (2)  Program category reconciliation The Secretary may establish procedures under which funds apportioned under subsection (a) for a program category for which funds are not authorized under a law described in paragraph (1) may be restored to the Federal-aid highway program. (d)  Authorization of Contract Authority  [Amended Pub. L. 102240, title I,  1003 Dec. 18, 1991 105 Stat. 1918 (e)  Limitation on Obligations. (1)  In general Subject to paragraph (2), after the date of enactment of this Act [ Dec. 1, 1997 Public Law 10566 (A) equal to the greater of (i) the States unobligated balance, as of October 1, 1997 (ii) 50 percent of the States total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program; but (B) not greater than 75 percent of the States total fiscal year 1997 obligation authority for funds apportioned for the Federal-aid highway program. (2)  Limitation on amount The total of all allocations under paragraph (1) shall not exceed $9,786,275,000. (3)  Time period for obligations of funds. (A)  In general Except as provided in subparagraph (B), a State shall not obligate any funds for any Federal-aid highway program project after May 1, 1998 July 1, 1998 (B)  Reobligation Subparagraph (A) shall not preclude the reobligation of previously obligated funds. (C)  Distribution of remaining obligation authority On the earlier of the date of enactment of a law described in subparagraph (A) or July 1, 1998 Public Law 10566 (D)  Contract authority No contract authority made available to the States prior to July 1, 1998 (4)  Treatment of obligations Any obligation of an allocation of obligation authority made under this subsection shall be considered to be an obligation for Federal-aid highways and highway safety construction programs for fiscal year 1998 for the purposes of the matter under the heading  (limitation on obligations) Federal-Aid Highways Public Law 10566 111 Stat. 1431 Effect of Limitation on Apportionment Pub. L. 10459, title III,  319(c) Nov. 28, 1995 109 Stat. 589 Notwithstanding any other provision of law, for each of fiscal years 1996 and 1997, the amendments made by subsection (a) [amending this section and section 149 of this title 105 Stat. 1943 Pub. L. 102240 Completion of Interstate System Pub. L. 102240, title I,  1001(a) Dec. 18, 1991 105 Stat. 1915 Congress declares that the authorizations of appropriations and apportionments for construction of the Dwight D. Eisenhower National System of Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and Defense Highways] made by this section (including the amendments made by this section [amending this section and section 101 of this title Apportionment Adjustments Pub. L. 102240, title I,  1015 Dec. 18, 1991 105 Stat. 1943 Allocation Formula Study Pub. L. 102240, title I,  1098 Dec. 18, 1991 105 Stat. 2025 Pub. L. 10459, title III,  325(g) Nov. 28, 1995 109 Stat. 592 Dec. 18, 1991 Jan. 1, 1994 Study on Impact of Climatic Conditions Pub. L. 102240, title I Dec. 18, 1991 105 Stat. 2027 Sept. 30, 1993 Pub. L. 105362, title XV,  1501(d) Nov. 10, 1998 112 Stat. 3294 Withholding of Five Per Centum of Funds for States Failing To Meet Requirements Pub. L. 101516, title III,  333 Nov. 5, 1990 104 Stat. 2184 section 104(b) of this title Nov. 5, 1990 Pub. L. 102143, title III,  333(c) Oct. 28, 1991 105 Stat. 947 Reduction in Amount States Failing To Authorize Tax-Based Sources of Revenue May Obligate Pub. L. 101516, title III,  341 Nov. 5, 1990 104 Stat. 2189 Pub. L. 102240, title III,  3003(b) Dec. 18, 1991 105 Stat. 2088 Oct. 1, 1991 Jan. 1, 1992 Dec. 31, 1992 Pub. L. 10227, title IV,  404(b) Apr. 10, 1991 105 Stat. 155 The Secretary of Transportation shall restore any reductions in obligation authority made under section 329 [of Pub. L. 101516 Similar provisions were contained in Pub. L. 101516, title III,  329 Nov. 5, 1990 104 Stat. 2183 Pub. L. 10227, title IV,  404(a) Apr. 10, 1991 105 Stat. 155 Implementation of Certain Presidential Orders Requiring Percentage Reduction for Federal-Aid Highway, Mass Transit, and Highway Safety Programs Pub. L. 10017, title I,  136 Apr. 2, 1987 101 Stat. 174 In implementing any order issued by the President which provides for or requires a percentage reduction in new budget authority, unobligated balances, obligated balances, new loan guarantee commitments, new direct loan obligations, spending authority, or obligation limitations for the Federal-aid highway, mass transit and highway safety programs and with respect to which the budget account activity as identified in the program and financing schedule contained in the Appendix to the Budget of the United States Government for such programs includes more than one specific highway, mass transit, or highway safety program or project for which budget authority is provided by this Act or an amendment made by this Act [see Short Title of 1987 Amendment note set out under section 101 of this title Federal-Aid Primary Formula for Amounts Authorized for Fiscal Years 1983 Through 1991 Pub. L. 97424, title I,  108(a) Jan. 6, 1983 96 Stat. 2103 Pub. L. 10017, title I Apr. 2, 1987 101 Stat. 146 Matching Fund Waiver for Period January 6, 1983 September 30, 1984 Pub. L. 97424, title I,  145 Jan. 6, 1983 96 Stat. 2130 Jan. 6, 1983 Sept. 30, 1984 Federal-Aid Highways and Highway Safety Construction Programs; Maximum Limits on Total Obligations; Exceptions; State Allocations Pub. L. 11758, div. A, title I,  11102 Nov. 15, 2021 135 Stat. 450  (a)  General Limitation Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed (1) $57,473,430,072 for fiscal year 2022; (2) $58,764,510,674 for fiscal year 2023; (3) $60,095,782,888 for fiscal year 2024; (4) $61,314,170,545 for fiscal year 2025; and (5) $62,657,105,821 for fiscal year 2026. (b)  Exceptions The limitations under subsection (a) shall not apply to obligations under or for (1)  section 125 of title 23 (2) section 147 of the Surface Transportation Assistance Act of 1978 [ Pub. L. 95599 23 U.S.C. 144 92 Stat. 2714 (3) section 9 of the Federal-Aid Highway Act of 1981 ( 95 Stat. 1701 (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 ( 96 Stat. 2119 (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 ( 101 Stat. 198 (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 ( 105 Stat. 2027 (7)  section 157 of title 23 June 8, 1998 (8)  section 105 of title 23 (9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century ( 112 Stat. 107 Pub. L. 105178 (10)  section 105 of title 23 (11) section 1603 of SAFETEALU [ Pub. L. 10959 23 U.S.C. 118 119 Stat. 1248 (12)  section 119 of title 23 (13)  section 119 of title 23 (14)  section 119 of title 23 (c)  Distribution of Obligation Authority For each of fiscal years 2022 through 2026, the Secretary [of Transportation] (1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23 (B) amounts authorized for the Bureau of Transportation Statistics; (2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and (B) for which obligation authority was provided in a previous fiscal year; (3) shall determine the proportion that (A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (13) of subsection (b) and sums authorized to be appropriated for section 119 of title 23 (4) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this division [see Tables for classification] and title 23, United States Code, or apportioned by the Secretary under section 202 or 204 of that title, by multiplying (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for the fiscal year; and (5) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23 (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year. (d)  Redistribution of Unused Obligation Authority Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2022 through 2026 (1) revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP21 ( Public Law 112141 126 Stat. 405 Pub. L. 112141 section 101 of this title (e)  Applicability of Obligation Limitations to Transportation Research Programs. (1)  In general Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under chapter 5 of title 23, United States Code. (2)  Exception Obligation authority made available under paragraph (1) shall (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. (f)  Redistribution of Certain Authorized Funds. (1)  In general Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2022 through 2026, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23 (A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23 (2)  Ratio Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5). (3)  Availability Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23 Similar provisions for prior fiscal years were contained in the following acts: Pub. L. 11494, div. A, title I,  1102 Dec. 4, 2015 129 Stat. 1326 Pub. L. 112141, div. A, title I,  1102 July 6, 2012 126 Stat. 416 Pub. L. 113159, title I,  1001(c)(3) Aug. 8, 2014 128 Stat. 1841 Pub. L. 11421, title I,  1001(c)(2) May 29, 2015 129 Stat. 219 Pub. L. 11441, title I,  1001(c)(2) July 31, 2015 129 Stat. 445 Pub. L. 11473, title I,  1001(c)(2) Oct. 29, 2015 129 Stat. 569 Pub. L. 11487, title I,  1001(c)(2) Nov. 20, 2015 129 Stat. 678 Pub. L. 10959, title I,  1102 Aug. 10, 2005 119 Stat. 1157 Pub. L. 110244, title I,  101(b) June 6, 2008 122 Stat. 1573 Pub. L. 105178, title I,  1102 June 9, 1998 112 Stat. 115 Pub. L. 105206, title IX,  9002(b) July 22, 1998 112 Stat. 834 Pub. L. 106159, title I,  103(b)(2) Dec. 9, 1999 113 Stat. 1753 Pub. L. 117328, div. L, title I Dec. 29, 2022 136 Stat. 5109 Funds available for the implementation or execution of authorized Federal-aid highway and highway safety construction programs shall not exceed total obligations of $58,764,510,674 for fiscal year 2023. Similar provisions for prior fiscal years were contained in the following acts: Pub. L. 117103, div. L, title I Mar. 15, 2022 136 Stat. 698 Pub. L. 116260, div. L, title I Dec. 27, 2020 134 Stat. 1835 Pub. L. 11694, div. H, title I Dec. 20, 2019 133 Stat. 2945 Pub. L. 1166, div. G, title I Feb. 15, 2019 133 Stat. 407 Pub. L. 115141, div. L, title I Mar. 23, 2018 132 Stat. 982 Pub. L. 11531, div. K, title I May 5, 2017 131 Stat. 735 Pub. L. 114113, div. L, title I Dec. 18, 2015 129 Stat. 2844 Pub. L. 113235, div. K, title I Dec. 16, 2014 128 Stat. 2705 Pub. L. 11376, div. L, title I Jan. 17, 2014 128 Stat. 583 Pub. L. 11255, div. C, title I Nov. 18, 2011 125 Stat. 650 Pub. L. 117328, div. L, title I,  120 Dec. 29, 2022 136 Stat. 5114  (a) For fiscal year 2023, the Secretary of Transportation shall (1) not distribute from the obligation limitation for Federal-aid highways (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23 (B) amounts authorized for the Bureau of Transportation Statistics; (2) not distribute an amount from the obligation limitation for Federal-aid highways that is equal to the unobligated balance of amounts (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and (B) for which obligation limitation was provided in a previous fiscal year; (3) determine the proportion that (A) the obligation limitation for Federal-aid highways, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (11) of subsection (b) and sums authorized to be appropriated for section 119 of title 23 (4) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under authorized Federal-aid highway and highway safety construction programs, or apportioned by the Secretary under section 202 or 204 of title 23, United States Code, by multiplying (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for such fiscal year; and (5) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the National Highway Performance Program in section 119 of title 23 (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for such fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for such fiscal year. (b)  Exceptions From Obligation Limitation The obligation limitation for Federal-aid highways shall not apply to obligations under or for (1)  section 125 of title 23 (2) section 147 of the Surface Transportation Assistance Act of 1978 [ Pub. L. 95599 23 U.S.C. 144 92 Stat. 2714 (3) section 9 of the Federal-Aid Highway Act of 1981 [ Pub. L. 97134 95 Stat. 1701 (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 [ Pub. L. 97424 96 Stat. 2119 (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 [ Pub. L. 10017 101 Stat. 198 (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 [ Pub. L. 102240 105 Stat. 2027 (7)  section 157 of title 23 June 8, 1998 (8)  section 105 of title 23 (9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century [ Pub. L. 105178 112 Stat. 107 (10) [former] section 105 of title 23 (11) section 1603 of SAFETEALU [ Pub. L. 10959 23 U.S.C. 118 119 Stat. 1248 (12)  section 119 of title 23 (c)  Redistribution of Unused Obligation Authority Notwithstanding subsection (a), the Secretary shall, after August 1 of such fiscal year (1) revise a distribution of the obligation limitation made available under subsection (a) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of Public Law 112141 July 6, 2012 (d)  Applicability of Obligation Limitations to Transportation Research Programs. (1)  In general Except as provided in paragraph (2), the obligation limitation for Federal-aid highways shall apply to contract authority for transportation research programs carried out under (A) chapter 5 of title 23, United States Code; (B) title VI of the Fixing Americas Surface Transportation Act [title VI of Pub. L. 11494 (C) title III of division A of the Infrastructure Investment and Jobs Act ( Public Law 11758 (2)  Exception Obligation authority made available under paragraph (1) shall (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. (e)  Redistribution of Certain Authorized Funds. (1)  In general Not later than 30 days after the date of distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23 (A) are authorized to be appropriated for such fiscal year for Federal-aid highway programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23 (2)  Ratio Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (a)(5). (3)  Availability Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23 Similar provisions for prior fiscal years were contained in the following acts: Pub. L. 117103, div. L, title I,  120 Mar. 15, 2022 136 Stat. 701 Pub. L. 116260, div. L, title I,  120 Dec. 27, 2020 134 Stat. 1839 Pub. L. 11694, div. H, title I,  120 Dec. 20, 2019 133 Stat. 2948 Pub. L. 1166, div. G, title I,  120 Feb. 15, 2019 133 Stat. 409 Pub. L. 115141, div. L, title I,  120 Mar. 23, 2018 132 Stat. 984 Pub. L. 11531, div. K, title I,  120 May 5, 2017 131 Stat. 736 Pub. L. 114113, div. L, title I,  120 Dec. 18, 2015 129 Stat. 2844 Pub. L. 113235, div. K, title I,  120 Dec. 16, 2014 128 Stat. 2705 Pub. L. 11376, div. L, title I,  120 Jan. 17, 2014 128 Stat. 583 Pub. L. 11255, div. C, title I,  120 Nov. 18, 2011 125 Stat. 651 Pub. L. 111117, div. A, title I Dec. 16, 2009 123 Stat. 3044 Pub. L. 111117, div. A, title I,  120 Dec. 16, 2009 123 Stat. 3045 Pub. L. 1118, div. I, title I Mar. 11, 2009 123 Stat. 923 Pub. L. 1118, div. I, title I,  120 Mar. 11, 2009 123 Stat. 924 Pub. L. 110161, div. K, title I Dec. 26, 2007 121 Stat. 2383 Pub. L. 110161, div. K, title I,  120 Dec. 26, 2007 121 Stat. 2385 Pub. L. 109115, div. A, title I Nov. 30, 2005 119 Stat. 2402 Pub. L. 109115, div. A, title I,  110 Nov. 30, 2005 119 Stat. 2403 Pub. L. 108447, div. H, title I Dec. 8, 2004 118 Stat. 3204 Pub. L. 108447, div. H, title I,  110 Dec. 8, 2004 118 Stat. 3209 Pub. L. 108199, div. F, title I Jan. 23, 2004 118 Stat. 285 Pub. L. 108199, div. F, title I,  110 Jan. 23, 2004 118 Stat. 290 Pub. L. 108202,  8(b) Feb. 29, 2004 118 Stat. 484 Pub. L. 108287, title X,  14003(a) Aug. 5, 2004 118 Stat. 1013 Pub. L. 1087, div. I, title I, title III,  310 Feb. 20, 2003 117 Stat. 393 Pub. L. 10787, title I, title III,  310 Dec. 18, 2001 115 Stat. 841 Pub. L. 106346,  101(a) [title I, title III,  310] Oct. 23, 2000 114 Stat. 1356 Pub. L. 10669, title I, title III,  310 Oct. 9, 1999 113 Stat. 994 Pub. L. 105277, div. A,  101(g) [title I, title III,  310] Oct. 21, 1998 112 Stat. 2681439 Pub. L. 10566, title I, title III,  310 Oct. 27, 1997 111 Stat. 1431 Pub. L. 104205, title I, title III,  310 Sept. 30, 1996 110 Stat. 2958 Pub. L. 10450, title I, title III,  310 Nov. 15, 1995 109 Stat. 443 Pub. L. 103331, title I Sept. 30, 1994 108 Stat. 2477 Pub. L. 10419, title I July 27, 1995 109 Stat. 223 Pub. L. 103331, title III,  310 Sept. 30, 1994 108 Stat. 2489 Pub. L. 10459, title III,  338(c)(3) Nov. 28, 1995 109 Stat. 605 Pub. L. 103122, title I, title III,  310 Oct. 27, 1993 107 Stat. 1206 Pub. L. 103211, title II Feb. 12, 1994 108 Stat. 20 Pub. L. 102388, title I, title III,  310 Oct. 6, 1992 106 Stat. 1528 Pub. L. 102240, title I,  1002(a) Dec. 18, 1991 105 Stat. 19161918 Pub. L. 102143, title I, title III,  310 Oct. 28, 1991 105 Stat. 925 Pub. L. 101516, title I, title III,  310 Nov. 5, 1990 104 Stat. 2163 Pub. L. 101164, title I, title III,  310 Nov. 21, 1989 103 Stat. 1077 Pub. L. 100457, title I, title III,  310 Sept. 30, 1988 102 Stat. 2132 Pub. L. 100202,  101 l Dec. 22, 1987 101 Stat. 1329358 Pub. L. 10017, title I,  105(a) Apr. 2, 1987 101 Stat. 142144 Pub. L. 99500,  101 l Oct. 18, 1986 100 Stat. 1783308 Pub. L. 99591,  101 l Oct. 30, 1986 100 Stat. 3341308 Pub. L. 99272, title IV,  4102(a) Apr. 7, 1986 100 Stat. 112 Pub. L. 99190,  101(e) [title I, title III,  313] Dec. 19, 1985 99 Stat. 1267 Pub. L. 98473, title I,  101(i) [title I, title III,  315] Oct. 12, 1984 98 Stat. 1944 Pub. L. 9878, title I, title III,  322 Aug. 15, 1983 97 Stat. 460 Pub. L. 988, title I Mar. 24, 1983 97 Stat. 14 Pub. L. 97424, title I,  104(a) Jan. 6, 1983 96 Stat. 2098 Pub. L. 97134,  3 Dec. 29, 1981 95 Stat. 1699 Pub. L. 97216, title I July 19, 1982 96 Stat. 187 Pub. L. 9735, title XI,  1106 Aug. 13, 1981 95 Stat. 624 Pub. L. 97424, title I,  104(e) Jan. 6, 1983 96 Stat. 2099 Apportionment Factors for Expenditures on System of Interstate and Defense Highways Provisions requiring the Secretary of Transportation to apportion for specific fiscal years sums authorized to be appropriated for such fiscal years by section 108(b) of the Federal-Aid Highway Act of 1956, set out as a note under section 101 of this title Pub. L. 102240, title I,  1001(b) Dec. 18, 1991 105 Stat. 1915 Pub. L. 10017, title I,  102(a) Apr. 2, 1987 101 Stat. 135 Pub. L. 99104,  1 Sept. 30, 1985 99 Stat. 474 Pub. L. 994,  1 Mar. 13, 1985 99 Stat. 6 Pub. L. 98229,  1 Mar. 9, 1984 98 Stat. 55 Pub. L. 97327,  3 Oct. 15, 1982 96 Stat. 1611 Pub. L. 97134,  2 Dec. 29, 1981 95 Stat. 1699 Pub. L. 96144,  1 Dec. 13, 1979 93 Stat. 1084 Pub. L. 95599, title I,  103 Nov. 6, 1978 92 Stat. 2689 Pub. L. 94280, title I,  103 May 5, 1976 90 Stat. 426 Pub. L. 9387, title I,  103 Aug. 13, 1973 87 Stat. 250 Pub. L. 91605, title I,  103 Dec. 31, 1970 84 Stat. 1714 Pub. L. 90495,  3 Aug. 23, 1968 82 Stat. 815 Pub. L. 89574,  3 Sept. 13, 1966 80 Stat. 766 Pub. L. 89139,  2 Aug. 28, 1965 79 Stat. 578 Minimum Apportionment to Each State; Expenditure of Excess Amounts Provisions entitling each State, for specific fiscal years, to receive at least one-half of 1 per centum of the total apportionment for the Interstate System under former section 104(b)(5)(A) of this title section 152 of this title Pub. L. 10017, title I,  102(c) Apr. 2, 1987 101 Stat. 135 Pub. L. 102240, title I,  1001(h) Dec. 18, 1991 105 Stat. 1916 Pub. L. 97424, title I,  103(a) Jan. 6, 1983 96 Stat. 2097 Pub. L. 97327,  4(b) Oct. 15, 1982 96 Stat. 1612 Pub. L. 97424, title I,  103(b) Jan. 6, 1983 96 Stat. 2098 Pub. L. 95599, title I,  104(b)(1) Nov. 6, 1978 92 Stat. 2691 Pub. L. 94280, title I,  105(b)(1) May 5, 1976 90 Stat. 428 Pub. L. 9387, title I,  104(b) Aug. 13, 1973 87 Stat. 252 Pub. L. 91605, title I,  105(b) Dec. 31, 1970 84 Stat. 1716 Public Boat Launching Areas; Access Ramps Pub. L. 94280, title I,  147 May 5, 1976 90 Stat. 446 Funds apportioned to States under [former] subsections (b)(1), (b)(2), and (b)(6) of section 104 of title 23 Use of Federal Funds During Period Beginning February 12, 1975 September 30, 1975 Pub. L. 9430,  3 June 4, 1975 89 Stat. 171 section 104(b) of this title June 4, 1975 Minimum Apportionment for Primary System; Additional Appropriations for Fiscal Years Ending June 30, 1974 Pub. L. 9387, title I,  111(b) Aug. 13, 1973 87 Stat. 257 June 30, 1973 Section 102(a) of the Federal-Aid Highway Act of 1956 Act June 29, 1956, ch. 462, title I,  102(a) 70 Stat. 374 July 11, 1916 June 30, 1957 June 30, 1958 June 30, 1959 Approval of Estimate of Cost of Completing the Interstate System as Basis for Apportionment of Funds for Fiscal Years 1963 to 1966 Pub. L. 8761, title I,  102 June 29, 1961 75 Stat. 122 Jan. 11, 1961 June 30, 1963 Approval of Estimate of Cost of Completing the Interstate System as Basis for Apportionment of Funds for Fiscal Years 19601962 Pub. L. 85381,  8 Apr. 16, 1958 72 Stat. 94 Pub. L. 85899,  1 Sept. 2, 1958 72 Stat. 1725 Pub. L. 86342, title I,  103 Sept. 21, 1959 73 Stat. 611 Jan. 7, 1958 June 30, 1960 Apportionments for Subsequent Years Based on Revised Estimates of Cost Act June 29, 1956, ch. 462, title I,  108(d) 70 Stat. 379 Sept. 2, 1958 Pub. L. 85899,  2 72 Stat. 1725 [ 105. Repealed. Pub. L. 11758, div. A, title I,  11501(a) Nov. 15, 2021 135 Stat. 578   Section, added Pub. L. 11494, div. A, title I,  1403(a) Dec. 4, 2015 129 Stat. 1407  A prior section 105, Pub. L. 85767 Aug. 27, 1958 72 Stat. 891 Pub. L. 86624,  17(b) July 12, 1960 74 Stat. 415 Pub. L. 89564, title II,  206 Sept. 9, 1966 80 Stat. 736 Pub. L. 91605, title I Dec. 31, 1970 84 Stat. 1717 Pub. L. 9387, title I,  109(b) Aug. 13, 1973 87 Stat. 255 Pub. L. 95599, title I Nov. 6, 1978 92 Stat. 2696 Pub. L. 97424, title I,  109(a) Jan. 6, 1983 96 Stat. 2104 Pub. L. 102240, title I,  1105(g)(7) Dec. 18, 1991 105 Stat. 2036 Pub. L. 105178, title I,  1104(a) June 9, 1998 112 Stat. 127 Pub. L. 105206, title IX,  9002(d) July 22, 1998 112 Stat. 835 Pub. L. 10959, title I,  1104(a) Aug. 10, 2005 119 Stat. 1163 Pub. L. 110244, title I,  101(m)(3)(B) June 6, 2008 122 Stat. 1576 Pub. L. 112141, div. A, title I,  1519(b)(1)(A) July 6, 2012 126 Stat. 575 Oct. 1, 2012 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title  106. Project approval and oversight (a)  In General. (1)  Submission of plans, specifications, and estimates Except as otherwise provided in this section, each State transportation department shall submit to the Secretary for approval such plans, specifications, and estimates for each proposed project as the Secretary may require. (2)  Project agreement The Secretary shall act on the plans, specifications, and estimates as soon as practicable after the date of their submission and shall enter into a formal project agreement with the State transportation department recipient formalizing the conditions of the project approval. (3)  Contractual obligation The execution of the project agreement shall be deemed a contractual obligation of the Federal Government for the payment of the Federal share of the cost of the project. (4)  Guidance In taking action under this subsection, the Secretary shall be guided by section 109. (b)  Project Agreement. (1)  Provision of state funds The project agreement shall make provision for State funds required to pay the States non-Federal share of the cost of construction of the project (including payments made pursuant to a long-term concession agreement, such as availability payments) and to pay for maintenance of the project after completion of construction. (2)  Representations of state If a part of the project is to be constructed at the expense of, or in cooperation with, political subdivisions of the State, the Secretary may rely on representations made by the State transportation department with respect to the arrangements or agreements made by the State transportation department and appropriate local officials for ensuring that the non-Federal contribution will be provided under paragraph (1). (c)  Assumption by States of Responsibilities of the Secretary. (1)  NHS projects For projects under this title that are on the National Highway System, including projects on the Interstate System, the State may assume the responsibilities of the Secretary under this title for design, plans, specifications, estimates, contract awards, and inspections with respect to the projects unless the Secretary determines that the assumption is not appropriate. (2)  Non-nhs projects For projects under this title that are not on the National Highway System, the State shall assume the responsibilities of the Secretary under this title for design, plans, specifications, estimates, contract awards, and inspection of projects, unless the State determines that such assumption is not appropriate. (3)  Agreement The Secretary and the State shall enter into an agreement relating to the extent to which the State assumes the responsibilities of the Secretary under this subsection. (4)  Limitation on interstate projects. (A)  In general The Secretary shall not assign any responsibilities to a State for projects the Secretary determines to be in a high risk category, as defined under subparagraph (B). (B)  High risk categories The Secretary may define the high risk categories under this subparagraph on a national basis, a State-by-State basis, or a national and State-by-State basis, as determined to be appropriate by the Secretary. (d)  Responsibilities of the Secretary Nothing in this section, section 133, or section 149 shall affect or discharge any responsibility or obligation of the Secretary under (1) section 113 or 114; or (2) any Federal law other than this title (including section 5333 of title 49 (e)  Value Engineering Analysis. (1)  Definition of value engineering analysis. (A)  In general In this subsection, the term value engineering analysis means a systematic process of review and analysis of a project, during the planning and design phases, by a multidisciplinary team of persons not involved in the project, that is conducted to provide recommendations such as those described in subparagraph (B) for (i) providing the needed functions safely, reliably, and at the lowest overall lifecycle cost; (ii) improving the value and quality of the project; and (iii) reducing the time to complete the project. (B)  Inclusions The recommendations referred to in subparagraph (A) include, with respect to a project (i) combining or eliminating otherwise inefficient use of costly parts of the original proposed design for the project; and (ii) completely redesigning the project using different technologies, materials, or methods so as to accomplish the original purpose of the project. (2)  Analysis The State shall provide a value engineering analysis for (A) each project on the National Highway System receiving Federal assistance with an estimated total cost of $50,000,000 or more; (B) a bridge project on the National Highway System receiving Federal assistance with an estimated total cost of $40,000,000 or more; and (C) any other project the Secretary determines to be appropriate. (3)  Major projects The Secretary may require more than 1 analysis described in paragraph (2) for a major project described in subsection (h). (4)  Requirements (A)  Value engineering program The State shall develop and carry out a value engineering program that (i) establishes and documents value engineering program policies and procedures; (ii) ensures that the required value engineering analysis is conducted before completing the final design of a project; (iii) ensures that the value engineering analysis that is conducted, and the recommendations developed and implemented for each project, are documented in a final value engineering report; and (iv) monitors, evaluates, and annually submits to the Secretary a report that describes the results of the value analyses that are conducted and the recommendations implemented for each of the projects described in paragraph (2) that are completed in the State. (B)  Bridge projects The value engineering analysis for a bridge project under paragraph (2) shall (i) include bridge superstructure and substructure requirements based on construction material; and (ii) be evaluated by the State (I) on engineering and economic bases, taking into consideration acceptable designs for bridges; and (II) using an analysis of lifecycle costs and duration of project construction. (5)  Design-build projects A requirement to provide a value engineering analysis under this subsection shall not apply to a project delivered using the design-build method of construction. (f)  Life-Cycle Cost Analysis. (1)  Use of life-cycle cost analysis The Secretary shall develop recommendations for the States to conduct life-cycle cost analyses. The recommendations shall be based on the principles contained in section 2 of Executive Order No. 12893 and shall be developed in consultation with the American Association of State Highway and Transportation Officials. The Secretary shall not require a State to conduct a life-cycle cost analysis for any project as a result of the recommendations required under this subsection. (2)  Life-cycle cost analysis defined In this subsection, the term life-cycle cost 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 costs, reconstruction, rehabilitation, restoring, and resurfacing costs, over the life of the project segment. (g)  Oversight Program. (1)  Establishment. (A)  In general The Secretary shall establish an oversight program to monitor the effective and efficient use of funds authorized to carry out this title. (B)  Minimum requirement At a minimum, the program shall be responsive to all areas relating to financial integrity and project delivery. (2)  Financial integrity. (A)  Financial management systems The Secretary shall perform annual reviews that address elements of the State transportation departments financial management systems that affect projects approved under subsection (a). (B)  Project costs The Secretary shall develop minimum standards for estimating project costs and shall periodically evaluate the practices of States for estimating project costs, awarding contracts, and reducing project costs. (3)  Project delivery. (A)  In general The Secretary shall perform reviews that address elements of the project delivery system of a State, which elements include one or more activities that are involved in the life cycle of a project from conception to completion of the project. (B)  Frequency. (i)  In general Except as provided in clauses (ii) and (iii), the Secretary shall carry out a review under subparagraph (A) not less frequently than once every 2 years. (ii)  Consultation with state The Secretary, after consultation with a State, may make a determination to carry out a review under subparagraph (A) for that State less frequently than provided under clause (i). (iii)  Cause If the Secretary determines that there is a specific reason to require a review more frequently than provided under clause (i) with respect to a State, the Secretary may carry out a review more frequently than provided under that clause. (4)  Responsibility of the states. (A)  In general The States shall be responsible for determining that subrecipients of Federal funds under this title have (i) adequate project delivery systems for projects approved under this section; and (ii) sufficient accounting controls to properly manage such Federal funds. (B)  Periodic review The Secretary shall periodically review the monitoring of subrecipients by the States. (5)  Specific oversight responsibilities. (A)  Effect of section Nothing in this section shall affect or discharge any oversight responsibility of the Secretary specifically provided for under this title or other Federal law. (B)  Appalachian development highways The Secretary shall retain full oversight responsibilities for the design and construction of all Appalachian development highways under section 14501 of title 40 (h)  Major Projects. (1)  In general Notwithstanding any other provision of this section, a recipient of Federal financial assistance for a project under this title with an estimated total cost of $500,000,000 or more, and recipients for such other projects as may be identified by the Secretary, shall submit to the Secretary for each project (A) a project management plan; and (B) an annual financial plan, including a phasing plan when applicable. (2)  Project management plan A project management plan shall document (A) the procedures and processes that are in effect to provide timely information to the project decisionmakers to effectively manage the scope, costs, schedules, and quality of, and the Federal requirements applicable to, the project; and (B) the role of the agency leadership and management team in the delivery of the project. (3)  Financial plan A financial plan (A) shall be based on detailed estimates of the cost to complete the project; (B) shall provide for the annual submission of updates to the Secretary that are based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project; (C) may include a phasing plan that identifies fundable incremental improvements or phases that will address the purpose and the need of the project in the short term in the event there are insufficient financial resources to complete the entire project. If a phasing plan is adopted for a project pursuant to this section, the project shall be deemed to satisfy the fiscal constraint requirements in the statewide and metropolitan planning requirements in sections 134 and 135; (D) for a project in which the project sponsor intends to carry out the project through a public-private partnership agreement, shall include a detailed value for money analysis or similar comparative analysis for the project; and (E) shall assess the appropriateness of a public-private partnership to deliver the project. (i)  Other Projects A recipient of Federal financial assistance for a project under this title with an estimated total cost of $100,000,000 or more that is not covered by subsection (h) shall prepare an annual financial plan. Annual financial plans prepared under this subsection shall be made available to the Secretary for review upon the request of the Secretary. (j)  Use of Advanced Modeling Technologies. (1)  Definition of advanced modeling technology In this subsection, the term advanced modeling technology means an available or developing technology, including 3-dimensional digital modeling, that can (A) accelerate and improve the environmental review process; (B) increase effective public participation; (C) enhance the detail and accuracy of project designs; (D) increase safety; (E) accelerate construction, and reduce construction costs; or (F) otherwise expedite project delivery with respect to transportation projects that receive Federal funding. (2)  Program With respect to transportation projects that receive Federal funding, the Secretary shall encourage the use of advanced modeling technologies during environmental, planning, financial management, design, simulation, and construction processes of the projects. (3)  Activities In carrying out paragraph (2), the Secretary shall (A) compile information relating to advanced modeling technologies, including industry best practices with respect to the use of the technologies; (B) disseminate to States information relating to advanced modeling technologies, including industry best practices with respect to the use of the technologies; and (C) promote the use of advanced modeling technologies. (4)  Comprehensive plan The Secretary shall develop and publish on the public website of the Department of Transportation a detailed and comprehensive plan for the implementation of paragraph (2). ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 892 Pub. L. 88157,  7(a) Oct. 24, 1963 77 Stat. 278 Pub. L. 91605, title I Dec. 31, 1970 84 Stat. 1717 Pub. L. 94280, title I,  114 May 5, 1976 90 Stat. 436 Pub. L. 10017, title I,  133(b)(4) Apr. 2, 1987 101 Stat. 171 Pub. L. 102240, title I Dec. 18, 1991 105 Stat. 1945 Pub. L. 10459, title III,  303 Nov. 28, 1995 109 Stat. 578 Pub. L. 105178, title I,  1305(a) June 9, 1998 112 Stat. 227229 Pub. L. 10959, title I,  1904(a) Aug. 10, 2005 119 Stat. 1465 Pub. L. 112141, div. A, title I,  1503(a) July 6, 2012 126 Stat. 561 Pub. L. 11494, div. A, title II,  2002(b) Dec. 4, 2015 129 Stat. 1446 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 534  Editorial Notes  References in Text Executive Order No. 12893, referred to in subsec. (f)(1), is set out as a note under section 501 of Title 31 Amendments 2021Subsec. (g)(3). Pub. L. 11758,  11307(f) Subsec. (h)(3)(D), (E). Pub. L. 11758,  11508(d)(1) 2015Subsec. (b)(1). Pub. L. 11494 2012Subsec. (a)(2). Pub. L. 112141,  1503(a)(1) Subsec. (c)(1). Pub. L. 112141,  1503(a)(2)(A)(ii) Pub. L. 112141,  1503(a)(2)(A)(i) Non-interstate nhs Subsec. (c)(4). Pub. L. 112141,  1503(a)(2)(B) September 30, 1997 Subsec. (e)(1)(A). Pub. L. 112141,  1503(a)(3)(A)(i) Subsec. (e)(1)(A)(i). Pub. L. 112141,  1503(a)(3)(A)(ii) Subsec. (e)(2). Pub. L. 112141,  1503(a)(3)(B)(i) Subsec. (e)(2)(A). Pub. L. 112141,  1503(a)(3)(B)(ii) Subsec. (e)(2)(B). Pub. L. 112141,  1503(a)(3)(B)(iii) Subsec. (e)(4), (5). Pub. L. 112141,  1503(a)(3)(C) (A) include bridge substructure requirements based on construction material; and (B) be evaluated (i) on engineering and economic bases, taking into consideration acceptable designs for bridges; and (ii) using an analysis of life-cycle costs and duration of project construction. Subsec. (h)(1)(B). Pub. L. 112141,  1503(a)(4)(A) Subsec. (h)(3). Pub. L. 112141,  1503(a)(4)(B) (A) be based on detailed estimates of the cost to complete the project; and (B) provide for the annual submission of updates to the Secretary that are based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project. Subsec. (j). Pub. L. 112141,  1503(a)(5) 2005Subsec. (e). Pub. L. 10959,  1904(a)(1) Subsecs. (g) to (i). Pub. L. 10959,  1904(a)(2) 1998 Pub. L. 105178,  1305(a)(1) Subsecs. (a) to (d). Pub. L. 105178,  1305(a)(3) Subsec. (e). Pub. L. 105178,  1305(a)(3) Subsec. (f). Pub. L. 105178,  1305(c) (f) Life-Cycle Cost Analysis. (1) Establishment (2) Analysis of the life-cycle costs defined Pub. L. 105178,  1305(a)(2) Subsec. (g). Pub. L. 105178,  1305(a)(2) Subsec. (h). Pub. L. 105178,  1305(b) 1995Subsecs. (e), (f). Pub. L. 10459 1991Subsec. (a). Pub. L. 102240,  1016(b)(1) Subsec. (b). Pub. L. 102240,  1016(b)(2) Subsec. (c). Pub. L. 102240,  1018(a) 1987Subsec. (c). Pub. L. 10017 1976Subsec. (c). Pub. L. 94280 1970Subsec. (b). Pub. L. 91605,  106(e) Subsec. (d). Pub. L. 91605,  142 1963Subsec. (c). Pub. L. 88157 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Amendment by section 11508(d)(1) of Pub. L. 11758 Nov. 15, 2021 section 11508(e) of Pub. L. 11758 Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Improved Federal-State Stewardship and Oversight Agreements Pub. L. 11758, div. A, title I,  11307(a) Nov. 15, 2021 135 Stat. 532534  (a)  Definition of Template In this section, the term template means a template created by the Secretary [of Transportation] for Federal-State stewardship and oversight agreements that (1) includes all standard terms found in stewardship and oversight agreements, including any terms in an attachment to the agreement; (2) is developed in accordance with section 106 of title 23 (3) may be developed with consideration of relevant regulations, guidance, or policies. (b)  Request for Comment. (1)  In general Not later than 60 days after the date of enactment of this Act [ Nov. 15, 2021 (2)  Comment period The Secretary shall provide a period of not less than 60 days for public comment on the notice under paragraph (1). (3)  Certain issues The notice under paragraph (1) shall allow comment on any aspect of the template and shall specifically request public comment on (A) whether the template should be revised to delete standard terms requiring approval by the Secretary of the policies, procedures, processes, or manuals of the States, or other State actions, if Federal law (including regulations) does not specifically require an approval; (B) opportunities to modify the template to allow adjustments to the review schedules for State practices or actions, including through risk-based approaches, program reviews, process reviews, or other means; and (C) any other matters that the Secretary determines to be appropriate. (c)  Notice of Action; Updates. (1)  In general Not later than 1 year after the date of enactment of this Act, after considering the comments received in response to the Federal Register notice under subsection (b), the Secretary shall publish in the Federal Register a notice that (A) describes any proposed changes to be made, and any alternatives to such changes, to the template; (B) addresses comments in response to which changes were not made to the template; and (C) prescribes a schedule and a plan to execute a process for implementing the changes referred to in subparagraph (A). (2)  Approval requirements In addressing comments under paragraph (1)(B), the Secretary shall include an explanation of the basis for retaining any requirement for approval of State policies, procedures, processes, or manuals, or other State actions, if Federal law (including regulations) does not specifically require the approval. (3)  Implementation. (A)  In general Not later than 60 days after the date on which the notice under paragraph (1) is published, the Secretary shall make changes to the template in accordance with (i) the changes described in the notice under paragraph (1)(A); and (ii) the schedule and plan described in the notice under paragraph (1)(C). (B)  Updates Not later than 1 year after the date on which the revised template under subparagraph (A) is published, the Secretary shall update existing agreements with States according to the template updated under subparagraph (A). (d)  Inclusion of Non-standard Terms Nothing in this section precludes the inclusion in a Federal-State stewardship and oversight agreement of non-standard terms to address a State-specific matter, including risk-based stewardship and Department [of Transportation] oversight involvement in individual projects of division interest. (e)  Compliance With Non-statutory Terms. (1)  In general The Secretary shall not enforce or otherwise require a State to comply with approval requirements that are not required by Federal law (including regulations) in a Federal-State stewardship and oversight agreement. (2)  Approval authority Notwithstanding any other provision of law, the Secretary shall not assert approval authority over any matter in a Federal-State stewardship and oversight agreement reserved to States. Requirements for Transportation Projects Carried Out Through Public-Private Partnerships Pub. L. 11758, div. A, title I,  11508 Nov. 15, 2021 135 Stat. 587  (a)  Definitions In this section: (1)  Project The term project means a project (as defined in section 101 of title 23 (A) is carried out, in whole or in part, using Federal financial assistance; and (B) has an estimated total cost of $100,000,000 or more. (2)  Public-private partnership The term public-private partnership means an agreement between a public agency and a private entity to finance, build, and maintain or operate a project. (b)  Requirements for Projects Carried Out Through Public-private Partnerships With respect to a public-private partnership, as a condition of receiving Federal financial assistance for a project, the Secretary [of Transportation] shall require the public partner, not later than 3 years after the date of opening of the project to traffic (1) to conduct a review of the project, including a review of the compliance of the private partner with the terms of the public-private partnership agreement; (2) (A) to certify to the Secretary that the private partner of the public-private partnership is meeting the terms of the public-private partnership agreement for the project; or (B) to notify the Secretary that the private partner of the public-private partnership has not met 1 or more of the terms of the public-private partnership agreement for the project, including a brief description of each violation of the public-private partnership agreement; and (3) to make publicly available the certification or notification, as applicable, under paragraph (2) in a form that does not disclose any proprietary or confidential business information. (c)  Notification If the Secretary provides Federal financial assistance to a project carried out through a public-private partnership, not later than 30 days after the date on which the Federal financial assistance is first obligated, 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 notification of the Federal financial assistance made available for the project. (d)  Value for Money Analysis. (1)  Project approval and oversight  [Amended this section.] (2)  Surface transportation block grant program  [Amended section 133 of this title (3)  TIFIA  [Amended section 602 of this title (e)  Applicability This section and the amendments made by this section shall only apply to a public-private partnership agreement entered into on or after the date of enactment of this Act [ Nov. 15, 2021 Assumption of Authorities Pub. L. 11494, div. A, title I,  1316 Dec. 4, 2015 129 Stat. 1403  (a)  In General The Secretary [of Transportation] shall use the authority under section 106(c) of title 23 (b)  Submission of Recommendations Not later than 18 months after the date of enactment of this Act [ Dec. 4, 2015 Consolidation of Grants Pub. L. 112141, div. A, title I,  1527 July 6, 2012 126 Stat. 581  (a)  Definitions In this section, the term recipient means (1) a State, local, or tribal government, including (A) a territory of the United States; (B) a transit agency; (C) a port authority; (D) a metropolitan planning organization; or (E) any other political subdivision of a State or local government; (2) a multistate or multijurisdictional group, if each member of the group is an entity described in paragraph (1); and (3) a public-private partnership, if both parties are engaged in building the project. (b)  Consolidation. (1)  In general A recipient that receives multiple grant awards from the Department [of Transportation] to support 1 multimodal project may request that the Secretary [of Transportation] designate 1 modal administration in the Department to be the lead administering authority for the overall project. (2)  New starts Any project that includes funds awarded under section 5309 of title 49 (3)  Review. (A)  In general Not later than 30 days after the date on which a request under paragraph (1) is made, the Secretary shall review the request and approve or deny the designation of a single modal administration as the lead administering authority and point of contact for the Department. (B)  Notification. (i)  In general The Secretary shall notify the requestor of the decision of the Secretary under subparagraph (A) in such form and at such time as the Secretary and the requestor agree. (ii)  Denial If a request is denied, the Secretary shall provide the requestor with a detailed explanation of the reasoning of the Secretary with the notification under clause (i). (c)  Duties. (1)  In general A modal administration designated as a lead administering authority under this section shall (A) be responsible for leading and coordinating the integrated project management team, which shall consist of all of the other modal administrations in the Department [of Transportation] relating to the multimodal project; and (B) to the extent feasible during the first 30 days of carrying out the multimodal project, identify overlapping or duplicative regulatory requirements that exist for the project and propose a single, streamlined approach to meeting all of the applicable regulatory requirements through the activities described in subsection (d). (2)  Administration. (A)  In general The Secretary [of Transportation] shall transfer all amounts that have been awarded for the multimodal project to the modal administration designated as the lead administering authority. (B)  Option. (i)  In general Participation under this section shall be optional for recipients, and no recipient shall be required to participate. (ii)  Secretarial duties The Secretary is not required to identify every recipient that may be eligible to participate under this section. (d)  Cooperation. (1)  In general The Secretary [of Transportation] and modal administrations with relevant jurisdiction over a multimodal project should cooperate on project review and delivery activities at the earliest practicable time. (2)  Purposes The purposes of the cooperation under paragraph (1) are (A) to avoid delays and duplication of effort later in the process; (B) to prevent potential conflicts; and (C) to ensure that planning and project development decisions are made in a streamlined manner and consistent with applicable law. (e)  Applicability Nothing in this section shall (1) supersede, amend, or modify the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (2) affect the responsibility of any Federal officer to comply with or enforce any law described in paragraph (1). Study of Value Engineering Pub. L. 102240, title I,  1091 Dec. 18, 1991 105 Stat. 2024 Dec. 18, 1991 Modification of Project Agreements To Effectuate Requirement of Four-Lanes of Traffic Pub. L. 89574,  5(b) Sept. 13, 1966 80 Stat. 767 Pub. L. 97449,  2(a) Jan. 12, 1983 96 Stat. 2439 Sept. 13, 1966 section 106 of this title section 109(b) of this title  107. Acquisition of rights-of-wayInterstate System (a) In any case in which the Secretary is requested by a State to acquire lands or interests in lands (including within the term interests in lands, the control of access thereto from adjoining lands) required by such State for right-of-way or other purposes in connection with the prosecution of any project for the construction, reconstruction, or improvement of any section of the Interstate System, the Secretary is authorized, in the name of the United States and prior to the approval of title by the Attorney General, to acquire, enter upon, and take possession of such lands or interests in lands by purchase, donation, condemnation, or otherwise in accordance with the laws of the United States (including sections 3114 to 3116 and 3118 of title 40), if (1) the Secretary has determined either that the State is unable to acquire necessary lands or interests in lands, or is unable to acquire such lands or interests in lands with sufficient promptness; and (2) the State has agreed with the Secretary to pay, at such time as may be specified by the Secretary an amount equal to 10 per centum of the costs incurred by the Secretary, in acquiring such lands or interests in lands, or such lesser percentage which represents the States pro rata share of project costs as determined in accordance with subsection (c) 1 1 section 120 of this title The authority granted by this section shall also apply to lands and interests in lands received as grants of land from the United States and owned or held by railroads or other corporations. (b) The costs incurred by the Secretary in acquiring any such lands or interests in lands may include the cost of examination and abstract of title, certificate of title, advertising, and any fees incidental to such acquisition. All costs incurred by the Secretary in connection with the acquisition of any such lands or interests in lands shall be paid from the funds for construction, reconstruction, or improvement of the Interstate System apportioned to the State upon the request of which such lands or interests in lands are acquired, and any sums paid to the Secretary by such State as its share of the costs of acquisition of such lands or interests in lands shall be deposited in the Treasury to the credit of the appropriation for Federal-aid highways and shall be credited to the amount apportioned to such State as its apportionment of funds for construction, reconstruction, or improvement of the Interstate System, or shall be deducted from other moneys due the State for reimbursement from funds authorized to be appropriated under section 108(b) of the Federal-Aid Highway Act of 1956. (c) The Secretary is further authorized and directed by proper deed, executed in the name of the United States, to convey any such lands or interests in lands acquired in any State under the provisions of this section, except the outside five feet of any such right-of-way in any State which does not provide control of access, to the State transportation department of such State or such political subdivision thereof as its laws may provide, upon such terms and conditions as to such lands or interests in lands as may be agreed upon by the Secretary and the State transportation department or political subdivisions to which the conveyance is to be made. Whenever the State makes provision for control of access satisfactory to the Secretary, the outside five feet then shall be conveyed to the State by the Secretary, as herein provided. (d) Whenever rights-of-way, including control of access, on the Interstate System are required over lands or interests in lands owned by the United States, the Secretary may make such arrangements with the agency having jurisdiction over such lands as may be necessary to give the State or other person constructing the projects on such lands adequate rights-of-way and control of access thereto from adjoining lands, and any such agency is directed to cooperate with the Secretary in this connection. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 892 Pub. L. 105178, title I,  1212(a)(2)(A)(i) June 9, 1998 112 Stat. 193 Pub. L. 109284,  3(1) Sept. 27, 2006 120 Stat. 1211  Editorial Notes  References in Text Subsection (c) of section 120 of this title Pub. L. 102240, title I,  1021(a) Dec. 18, 1991 105 Stat. 1950 The Federal-Aid Highway Act of 1956, referred to in subsec. (b), is act June 29, 1956, ch. 462 70 Stat. 374 section 101 of this title Amendments 2006Subsec. (a). Pub. L. 109284 February 26, 1931 46 Stat. 1421 1998Subsec. (c). Pub. L. 105178  108. Advance acquisition of real property (a)  In General. (1)  Availability of funds For the purpose of facilitating the timely and economical acquisition of real property interests for a transportation improvement eligible for funding under this title, the Secretary, upon the request of a State, may make available, for the acquisition of real property interests, such funds apportioned to the State as may be expended on the transportation improvement, under such rules and regulations as the Secretary may issue. (2)  Construction The agreement between the Secretary and the State for the reimbursement of the cost of the real property interests shall provide for the actual construction of the transportation improvement within a period not to exceed 20 years following the fiscal year for which the request is made, unless the Secretary determines that a longer period is reasonable. (b) Federal participation in the cost of real property interests acquired under subsection (a) of this section shall not exceed the Federal pro rata share applicable to the class of funds from which Federal reimbursement is made. (c)  State-funded Early Acquisition of Real Property Interests. (1)  In general A State may carry out, at the expense of the State, acquisitions of interests in real property for a project before completion of the review process required for the project under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (2)  Eligibility for reimbursement Subject to paragraph (3), funds apportioned to a State under this title may be used to participate in the payment of (A) costs incurred by the State for acquisition of real property interests, acquired in advance of any Federal approval or authorization, if the real property interests are subsequently incorporated into a project eligible for surface transportation block grant program funds; and (B) costs incurred by the State for the acquisition of land necessary to preserve environmental and scenic values. (3)  Terms and conditions The Federal share payable of the costs described in paragraph (2) shall be eligible for reimbursement out of funds apportioned to a State under this title when the real property interests acquired are incorporated into a project eligible for surface transportation block grant program funds, if the State demonstrates to the Secretary and the Secretary finds that (A) any land acquired, and relocation assistance provided, complied with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; (B) the requirements of title VI of the Civil Rights Act of 1964 have been complied with; (C) the State has a mandatory comprehensive and coordinated land use, environment, and transportation planning process under State law and the acquisition is certified by the Governor as consistent with the State plans before the acquisition; (D) the acquisition is determined in advance by the Governor to be consistent with the State transportation planning process pursuant to section 135 of this title (E) the alternative for which the real property interest is acquired is selected by the State pursuant to regulations to be issued by the Secretary which provide for the consideration of the environmental impacts of various alternatives; (F) before the time that the cost incurred by a State is approved for Federal participation, environmental compliance pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 section 303 of title 49 (G) before the time that the cost incurred by a State is approved for Federal participation, the Secretary has determined that the property acquired in advance of Federal approval or authorization did not influence the environmental assessment of the project, the decision relative to the need to construct the project, or the selection of the project design or location. (d)  Federally Funded Early Acquisition of Real Property Interests. (1)  Definition of acquisition of a real property interest In this subsection, the term acquisition of a real property interest includes the acquisition of (A) any interest in land; (B) a contractual right to acquire any interest in land; or (C) any other similar action to acquire or preserve rights-of-way for a transportation facility. (2)  Authorization The Secretary may authorize the use of funds apportioned to a State under this title for the acquisition of a real property interest by a State. (3)  State certification A State requesting Federal funding for an acquisition of a real property interest shall certify in writing, with concurrence by the Secretary, that (A) the State has authority to acquire the real property interest under State law; and (B) the acquisition of the real property interest (i) is for a transportation purpose; (ii) will not cause any significant adverse environmental impact; (iii) will not limit the choice of reasonable alternatives for the project or otherwise influence the decision of the Secretary on any approval required for the project; (iv) does not prevent the lead agency from making an impartial decision as to whether to accept an alternative that is being considered in the environmental review process; (v) is consistent with the State transportation planning process under section 135; (vi) complies with other applicable Federal laws (including regulations); (vii) will be acquired through negotiation, without the threat of condemnation; and (viii) will not result in a reduction or elimination of benefits or assistance to a displaced person required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 42 U.S.C. 2000d (4)  Environmental compliance. (A)  In general Before authorizing Federal funding for an acquisition of a real property interest, the Secretary shall complete the review process under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B)  Independent utility The acquisition of a real property interest (i) shall be treated as having independent utility for purposes of the review process under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (ii) shall not limit consideration of alternatives for future transportation improvements with respect to the real property interest. (5)  Programming. (A)  In general The acquisition of a real property interest for which Federal funding is requested shall be included as a project in an applicable transportation improvement program under sections 134 and 135 and sections 5303 and 5304 of title 49. (B)  Acquisition project The acquisition project may consist of the acquisition of a specific parcel, a portion of a transportation corridor, or an entire transportation corridor. (6)  Development Real property interests acquired under this subsection may not be developed in anticipation of a project until all required environmental reviews for the project have been completed. (7)  Reimbursement If Federal-aid reimbursement is made for real property interests acquired early under this section and the real property interests are not subsequently incorporated into a project eligible for surface transportation funds within the time allowed by subsection (a)(2), the Secretary shall offset the amount reimbursed against funds apportioned to the State. (8)  Other requirements and conditions. (A)  Applicable law The acquisition of a real property interest shall be carried out in compliance with all requirements applicable to the acquisition of real property interests for federally funded transportation projects. (B)  Additional conditions The Secretary may establish such other conditions or restrictions on acquisitions under this subsection as the Secretary determines to be appropriate. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 893 Pub. L. 8635,  1 May 29, 1959 73 Stat. 62 Pub. L. 90495,  7(a) Aug. 23, 1968 82 Stat. 818 Pub. L. 9387, title I,  113 Aug. 13, 1973 87 Stat. 257 Pub. L. 94280, title I,  115 May 5, 1976 90 Stat. 436 Pub. L. 102240, title I,  1017(a) Dec. 18, 1991 105 Stat. 1947 Pub. L. 102388, title III,  346 Oct. 6, 1992 106 Stat. 1553 Pub. L. 103429,  3(2) Oct. 31, 1994 108 Stat. 4377 Pub. L. 105178, title I June 9, 1998 112 Stat. 188 Pub. L. 112141, div. A, title I,  1302 July 6, 2012 126 Stat. 528 Pub. L. 11494, div. A, title I,  1109(c)(5) Dec. 4, 2015 129 Stat. 1343 Pub. L. 11758, div. A, title I,  11525(c) Nov. 15, 2021 135 Stat. 607  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsecs. (c)(1), (3)(F) and (d)(4)(A), (B)(i), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsecs. (c)(3)(A) and (d)(3)(B)(viii), is act Jan. 2, 1971 Pub. L. 91646 84 Stat. 1894 section 4601 of Title 42 The Civil Rights Act of 1964, referred to in subsecs. (c)(3)(B) and (d)(3)(B)(viii), is Pub. L. 88352 July 2, 1964 78 Stat. 241 section 2000a of Title 42 Section 7 of the Endangered Species Act, referred to in subsec. (c)(3)(F), probably means section 7 of the Endangered Species Act of 1973, which is classified to section 1536 of Title 16 Amendments 2021Subsec. (c)(3)(F). Pub. L. 11758 42 U.S.C. 4321 2015Subsec. (c)(2)(A), (3). Pub. L. 11494 2012Subsec. (a). Pub. L. 112141,  1302(a)(1) Subsec. (b). Pub. L. 112141,  1302(a)(3) Subsec. (c). Pub. L. 112141,  1302(b)(1) State-funded Early Acquisition of Real Property Interests Early Acquisition of Rights-of-Way Pub. L. 112141,  1302(a)(2) Subsec. (c)(1) to (3). Pub. L. 112141,  1302(b)(2) Eligibility for reimbursement General rule Subsec. (c)(3)(G). Pub. L. 112141,  1302(b)(5)(B) Subsec. (d). Pub. L. 112141,  1302(c) 1998 Pub. L. 105178,  1301(a) Subsec. (a). Pub. L. 105178,  1301(a) Subsecs. (c), (d). Pub. L. 105178,  1211(e)(1) 1994Subsec. (d)(2)(F). Pub. L. 103429 section 303 of title 49 1992Subsec. (a). Pub. L. 102388,  346(1) Subsec. (c)(2). Pub. L. 102388,  346(3) Subsec. (c)(3). Pub. L. 102388,  346(5) Pub. L. 102388,  346(4) 1991Subsecs. (a), (c)(3). Pub. L. 102240,  1017(a) Subsec. (d). Pub. L. 102240,  1017(b) 1976Subsec. (a). Pub. L. 94280,  115(b) Subsec. (c)(2). Pub. L. 94280,  115(a) Subsec. (c)(3). Pub. L. 94280,  115(c) 1973Subsec. (a). Pub. L. 9387,  113(a) Subsec. (c)(3). Pub. L. 9387,  113(b) 1968Subsec. (b). Pub. L. 90495,  7(a) Subsec. (c). Pub. L. 90495,  7(b) 1959Subsec. (a). Pub. L. 8635 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90495 Aug. 23, 1968 section 37 of Pub. L. 90495 section 101 of this title Transition Provisions Pub. L. 105178, title I,  1211(e)(2) June 9, 1998 112 Stat. 188  (A)  In general Funds advanced to a State by the Secretary from the right-of-way revolving fund established by section 108(c) of title 23 June 9, 1998 (B)  Credit to highway trust fund With respect to a project for which funds have been advanced from the right-of-way revolving fund, upon the termination of the 20-year period referred to in subparagraph (A), when actual construction is commenced, or upon approval by the Secretary of the plans, specifications, and estimates for the actual construction of the project on the right-of-way, whichever occurs first (i) the Highway Trust Fund (other than the Mass Transit Account) shall be credited with an amount equal to the Federal share of the funds advanced, as provided in section 120 of title 23 (ii) the State shall reimburse the Secretary in an amount equal to the non-Federal share of the funds advanced for deposit in, and credit to, the Highway Trust Fund (other than the Mass Transit Account). Preservation of Transportation Corridors Report Pub. L. 102240, title I,  1017(c) Dec. 18, 1991 105 Stat. 1948 The Secretary, in consultation with the States, shall report to Congress within 2 years after the date of the enactment of this Act [ Dec. 18, 1991 Authorization of Appropriations to Right-of-Way Revolving Fund; Apportionment; Reversion of Amounts Not Advanced or Obligated Pub. L. 90495,  7(c) Aug. 23, 1968 82 Stat. 819 June 30, 1970 June 30, 1971 June 30, 1972 Study of Advance Acquisition of Rights-of-Way Pub. L. 89574,  10 Sept. 13, 1966 80 Stat. 769 Pub. L. 97449,  2(a) Jan. 12, 1983 96 Stat. 2439 July 1, 1967 Increased Limitation Period Applicable to Certain Contracts Pub. L. 8635,  2 May 29, 1959 73 Stat. 63 May 29, 1959 section 108(a) of title 23  109. Standards (a)  In General The Secretary shall ensure that the plans and specifications for each proposed highway project under this chapter provide for a facility that will (1) adequately serve the existing and planned future traffic of the highway in a manner that is conducive to safety, durability, and economy of maintenance; and (2) be designed and constructed in accordance with criteria best suited to accomplish the objectives described in paragraph (1) and to conform to the particular needs of each locality. (b) The geometric and construction standards to be adopted for the Interstate System shall be those approved by the Secretary in cooperation with the State transportation departments. Such standards, as applied to each actual construction project, shall be adequate to enable such project to accommodate the types and volumes of traffic anticipated for such project for the twenty-year period commencing on the date of approval by the Secretary, under section 106 of this title (c)  Design Criteria for National Highway System. (1)  In general A design for new construction, reconstruction, resurfacing (except for maintenance resurfacing), restoration, or rehabilitation of a highway on the National Highway System (other than a highway also on the Interstate System) shall consider, in addition to the criteria described in subsection (a) (A) the constructed and natural environment of the area; (B) the environmental, scenic, aesthetic, historic, community, and preservation impacts of the activity; (C) cost savings by utilizing flexibility that exists in current design guidance and regulations; and (D) access for other modes of transportation. (2)  Development of criteria The Secretary, in cooperation with State transportation departments, may develop criteria to implement paragraph (1). In developing criteria under this paragraph, the Secretary shall consider (A) the results of the committee process of the American Association of State Highway and Transportation Officials as used in adopting and publishing A Policy on Geometric Design of Highways and Streets, including comments submitted by interested parties as part of such process; (B) the publication entitled Flexibility in Highway Design of the Federal Highway Administration; (C) Eight Characteristics of Process to Yield Excellence and the Seven Qualities of Excellence in Transportation Design developed by the conference held during 1998 entitled Thinking Beyond the Pavement National Workshop on Integrating Highway Development with Communities and the Environment while Maintaining Safety and Performance; (D) the publication entitled Highway Safety Manual of the American Association of State Highway and Transportation Officials; (E) the publication entitled Urban Street Design Guide of the National Association of City Transportation Officials; (F) the publication of the Federal Highway Administration entitled Wildlife Crossing Structure Handbook: Design and Evaluation in North America and dated March 2011; and (G) any other material that the Secretary determines to be appropriate. (d)  Manual on Uniform Traffic Control Devices. (1)  In general On any highway project in which Federal funds hereafter participate, or on any such project constructed since December 20, 1944 (2)  Updates Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and not less frequently than every 4 years thereafter, the Secretary shall update the Manual on Uniform Traffic Control Devices. (e)  Installation of Safety Devices. (1)  Highway and railroad grade crossings and drawbridges No funds shall be approved for expenditure on any Federal-aid highway, or highway affected under chapter 2 of this title, unless proper safety protective devices complying with safety standards determined by the Secretary at that time as being adequate shall be installed or be in operation at any highway and railroad grade crossing or drawbridge on that portion of the highway with respect to which such expenditures are to be made. (2)  Temporary traffic control devices No funds shall be approved for expenditure on any Federal-aid highway, or highway affected under chapter 2, unless proper temporary traffic control devices to improve safety in work zones will be installed and maintained during construction, utility, and maintenance operations on that portion of the highway with respect to which such expenditures are to be made. Installation and maintenance of the devices shall be in accordance with the Manual on Uniform Traffic Control Devices. (f) The Secretary shall not, as a condition precedent to his approval under section 106 of this title (g) Not later than January 30, 1971 (h) Not later than July 1, 1972 (1) air, noise, and water pollution; (2) destruction or disruption of man-made and natural resources, aesthetic values, community cohesion and the availability of public facilities and services; (3) adverse employment effects, and tax and property value losses; (4) injurious displacement of people, businesses and farms; and (5) disruption of desirable community and regional growth. Such guidelines shall apply to all proposed projects with respect to which plans, specifications, and estimates are approved by the Secretary after the issuance of such guidelines. (i) The Secretary, after consultation with appropriate Federal, State, and local officials, shall develop and promulgate standards for highway noise levels compatible with different land uses and after July 1, 1972 July 1, 1972 (j) The Secretary, after consultation with the Administrator of the Environmental Protection Agency, shall develop and promulgate guidelines to assure that highways constructed pursuant to this title are consistent with any approved plan for (1) the implementation of a national ambient air quality standard for each pollutant for which an area is designated as a nonattainment area under section 107(d) of the Clean Air Act ( 42 U.S.C. 7407(d) (2) the maintenance of a national ambient air quality standard in an area that was designated as a nonattainment area but that was later redesignated by the Administrator as an attainment area for the standard and that is required to develop a maintenance plan under section 175A of the Clean Air Act ( 42 U.S.C. 7505a (k) The Secretary shall not approve any project involving approaches to a bridge under this title, if such project and bridge will significantly affect the traffic volume and the highway system of a contiguous State without first taking into full consideration the views of that State. (l) (1) In determining whether any right-of-way on any Federal-aid highway should be used for accommodating any utility facility, the Secretary shall (A) first ascertain the effect such use will have on highway and traffic safety, since in no case shall any use be authorized or otherwise permitted, under this or any other provision of law, which would adversely affect safety; (B) evaluate the direct and indirect environmental and economic effects of any loss of productive agricultural land or any impairment of the productivity of any agricultural land which would result from the disapproval of the use of such right-of-way for the accommodation of such utility facility; and (C) consider such environmental and economic effects together with any interference with or impairment of the use of the highway in such right-of-way which would result from the use of such right-of-way for the accommodation of such utility facility. (2) For the purpose of this subsection (A) the term utility facility means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public; and (B) the term right-of-way means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway. (m)  Protection of Nonmotorized Transportation Traffic The Secretary shall not approve any project or take any regulatory action under this title that will result in the severance of an existing major route or have significant adverse impact on the safety for nonmotorized transportation traffic and light motorcycles, unless such project or regulatory action provides for a reasonable alternate route or such a route exists. (n) It is the intent of Congress that any project for resurfacing, restoring, or rehabilitating any highway, other than a highway access to which is fully controlled, in which Federal funds participate shall be constructed in accordance with standards to preserve and extend the service life of highways and enhance highway safety. (o)  Compliance With State Laws for Non-NHS Projects. (A)  1 1 In general Projects (other than highway projects on the National Highway System) shall be designed, constructed, operated, and maintained in accordance with State laws, regulations, directives, safety standards, design standards, and construction standards. (B)  1 Local jurisdictions Notwithstanding subparagraph (A), a local jurisdiction may use a roadway design guide recognized by the Federal Highway Administration and adopted by the local jurisdiction that is different from the roadway design guide used by the State in which the local jurisdiction is located for the design of projects on all roadways under the ownership of the local jurisdiction (other than a highway on the National Highway System) for which the local jurisdiction is the project sponsor, provided that the design complies with all other applicable Federal laws. (p)  Scenic and Historic Values Notwithstanding subsections (b) and (c), the Secretary may approve a project for the National Highway System if the project is designed to (1) allow for the preservation of environmental, scenic, or historic values; (2) ensure safe use of the facility; and (3) comply with subsection (a). (q)  Phase Construction Safety considerations for a project under this title may be met by phase construction consistent with the operative safety management system established in accordance with a statewide transportation improvement program approved by the Secretary. (r)  Pavement Markings The Secretary shall not approve any pavement markings project that includes the use of glass beads containing more than 200 parts per million of arsenic or lead, as determined in accordance with Environmental Protection Agency testing methods 3052, 6010B, or 6010C. (s)  Electric Vehicle Charging Stations. (1)  Standards Electric vehicle charging infrastructure installed using funds provided under this title shall provide, at a minimum (A) non-proprietary charging connectors that meet applicable industry safety standards; and (B) open access to payment methods that are available to all members of the public to ensure secure, convenient, and equal access to the electric vehicle charging infrastructure that shall not be limited by membership to a particular payment provider. (2)  Treatment of projects Notwithstanding any other provision of law, a project to install electric vehicle charging infrastructure using funds provided under this title shall be treated as if the project is located on a Federal-aid highway. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 894 Pub. L. 88157,  4 Oct. 24, 1963 77 Stat. 277 Pub. L. 89574 Sept. 13, 1966 80 Stat. 767 Pub. L. 91605, title I,  136(a) Dec. 31, 1970 84 Stat. 1734 Pub. L. 9387, title I Aug. 13, 1973 87 Stat. 257 Pub. L. 95599, title I Nov. 6, 1978 92 Stat. 2696 Pub. L. 96106,  3 Nov. 9, 1979 93 Stat. 797 Pub. L. 97424, title I,  110(a) Jan. 6, 1983 96 Stat. 2105 Pub. L. 102240, title I,  1016(c) Dec. 18, 1991 105 Stat. 1946 Pub. L. 10459, title III Nov. 28, 1995 109 Stat. 579 Pub. L. 105178, title I June 9, 1998 112 Stat. 169 Pub. L. 10959, title I,  1110(a) Aug. 10, 2005 119 Stat. 1170 Pub. L. 112141, div. A, title I July 6, 2012 126 Stat. 564 Pub. L. 11494, div. A, title I,  1446(d)(5)(B) Dec. 4, 2015 129 Stat. 1438 Pub. L. 11494, div. A, title I,  1404(a) Dec. 4, 2015 129 Stat. 1409 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 506  Editorial Notes  References in Text The date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsec. (d)(2), is the date of enactment of div. A of Pub. L. 11758 Nov. 15, 2021 Amendments 2021Subsec. (c)(2)(F), (G). Pub. L. 11758,  11123(d) Subsec. (d). Pub. L. 11758,  11129(1) Subsec. ( o Pub. L. 11758,  11129(2) Subsec. (s). Pub. L. 11758,  11129(3) 2015Subsec. (c)(1). Pub. L. 11494,  1404(a)(1)(A)(i) Subsec. (c)(1)(C), (D). Pub. L. 11494,  1404(a)(1)(A)(ii) Subsec. (c)(2)(D) to (F). Pub. L. 11494,  1404(a)(1)(B) Subsec. (f). Pub. L. 11494,  1404(a)(2) Subsec. (q). Pub. L. 11494,  1446(d)(5)(B) Pub. L. 112141,  1519(c) 2012Subsec. (q). Pub. L. 112141,  1519(c)(3) Pub. L. 11494,  1446(d)(5)(B) Subsec. (r). Pub. L. 112141,  1504 2005Subsec. (c)(2). Pub. L. 10959,  6008 Subsec. (e). Pub. L. 10959,  1110(a) Subsec. (g). Pub. L. 10959,  1110(c) January 30, 1971 1998Subsecs. (b), (c)(2). Pub. L. 105178,  1212(a)(2)(A)(ii) Subsec. (d). Pub. L. 105178,  1212(a)(2)(A)(i) Subsec. (m). Pub. L. 105178,  1306(a) October 1, 1979 Subsec. (n). Pub. L. 105178,  1306(a)(2) o Pub. L. 105178,  1202(c) Subsecs. ( o Pub. L. 105178,  1306(a)(2) o o 1995Subsec. (a). Pub. L. 10459,  304(1) Subsec. (c). Pub. L. 10459,  304(2) (c) Design and Construction Standards for NHS Subsec. (j). Pub. L. 10459,  305(a) Subsec. (q). Pub. L. 10459,  304(3) (q) Historic and Scenic Values 1991Subsec. (a). Pub. L. 102240,  1016(f)(1)(A) Subsec. (c). Pub. L. 102240,  1016(c) Subsec. ( l Pub. L. 102240,  1016(f)(1)(B) Subsecs. (p), (q). Pub. L. 102240,  1016(d) 1983Subsec. ( o Pub. L. 97424 o 1979Subsec. ( l Pub. L. 96106 1978Subsec. (f). Pub. L. 95599,  141(f) Subsec. ( l Pub. L. 95599,  113 l Subsec. (m). Pub. L. 95599,  116(d) Subsec. (n). Pub. L. 95599,  141(g) 1973Subsec. (g). Pub. L. 9387,  152(2) Subsec. (i). Pub. L. 9387,  114 July 1, 1972 Subsec. (k). Pub. L. 9387,  156 1970Subsec. (g). Pub. L. 91605,  136(a) Dec. 31, 1970 July 1, 1967 Subsecs. (h) to (j). Pub. L. 91605,  136(b) 1966Subsec. (b). Pub. L. 89574,  5(a) Subsec. (g). Pub. L. 89574,  14 1963Subsec. (b). Pub. L. 88157 section 106 of this title Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Except as otherwise provided, amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Pub. L. 11494, div. A, title I,  1446(d) Dec. 4, 2015 129 Stat. 1438 July 6, 2012 Pub. L. 112141 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Updates to Manual on Uniform Traffic Control Devices Pub. L. 11758, div. A, title I,  11135 Nov. 15, 2021 135 Stat. 516  In carrying out the first update to the Manual on Uniform Traffic Control Devices under section 109(d)(2) of title 23 (1) the protection of vulnerable road users (as defined in section 148(a) of title 23 (2) supporting the safe testing of automated vehicle technology and any preparation necessary for the safe integration of automated vehicles onto public streets; (3) appropriate use of variable message signs to enhance public safety; (4) the minimum retroreflectivity of traffic control devices and pavement markings; and (5) any additional recommendations made by the National Committee on Uniform Traffic Control Devices that have not been incorporated into the Manual on Uniform Traffic Control Devices. Roadside Highway Safety Hardware Pub. L. 11758, div. A, title I,  11517 Nov. 15, 2021 135 Stat. 601  (a)  In General To the maximum extent practicable, the Secretary [of Transportation] shall develop a process for third party verification of full-scale crash testing results from crash test labs, including a method for formally verifying the testing outcomes and providing for an independent pass/fail determination. In establishing such a process, the Secretary shall seek to ensure the independence of crash test labs by ensuring that those labs have a clear separation between device development and testing in cases in which lab employees test devices that were developed within the parent organization of the employee. (b)  Continued Issuance of Eligibility Letters Until the implementation of the process described in subsection (a) is complete, the Secretary may, and is encouraged to, ensure that the Administrator of the Federal Highway Administration continues to issue Federal-aid reimbursement eligibility letters for roadside safety hardware as a service to States. (c)  Report to Congress. (1)  In general If the Secretary seeks to discontinue issuing the letters described in subsection (b), 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 at least 1 year before discontinuing the letters. (2)  Inclusions The report described in paragraph (1) shall include a summary of the third-party verification process described in subsection (a) that will replace the Federal Highway Administration issuance of eligibility letters and any other relevant information that the Secretary deems necessary. Stormwater Best Management Practices Reports Pub. L. 11758, div. A, title I,  11521 Nov. 15, 2021 135 Stat. 603  (a)  Definitions In this section: (1)  Administrator The term Administrator means the Administrator of the Federal Highway Administration. (2)  Best management practices report The term best management practices report means (A) the 2014 report sponsored by the Administrator entitled Determining the State of the Practice in Data Collection and Performance Measurement of Stormwater Best Management Practices; and (B) the 1997 report sponsored by the Administrator entitled Stormwater Best Management Practices in an Ultra-Urban Setting: Selection and Monitoring. (b)  Reissuance Not later than 1 year after the date of enactment of this Act [ Nov. 15, 2021 (c)  Updates Not less frequently than once every 5 years after the date on which the Administrator reissues a best management practices report described in subsection (b), the Administrator shall update and reissue the best management practices report until the earlier of the date on which (1) the best management practices report is withdrawn; or (2) the contents of the best management practices report are incorporated (including by reference) into applicable regulations of the Administrator. Retroactive Application of Adjustment to Criteria for Categorical Exclusion for Projects of Limited Federal Assistance Pub. L. 11494, div. A, title I,  1314(b) Dec. 4, 2015 129 Stat. 1403  The first adjustment made pursuant to the amendments made by subsection (a) [amending section 1317 of Pub. L. 112141 (1) be carried out not later than 60 days after the date of enactment of this Act [ Dec. 4, 2015 (2) reflect the increase in the Consumer Price Index since July 1, 2012 Categorical Exclusion Determinations Pub. L. 11494, div. A, title I,  1315(b) Dec. 4, 2015 129 Stat. 1403  Not later than 30 days after the date of enactment of this Act [ Dec. 4, 2015 section 1318(e) of Pub. L. 112141 (1) for actions described in subsections (c) and (d) of section 771.117 of title 23, Code of Federal Regulations; and (2) that meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), and are identified in the programmatic agreement. Roadway Design Standard Flexibility Pub. L. 11494, div. A, title I,  1404(b) Dec. 4, 2015 129 Stat. 1409  Notwithstanding section 109( o (1) the local jurisdiction is a direct recipient of Federal funds for the project; (2) the roadway design publication (A) is recognized by the Federal Highway Administration; and (B) is adopted by the local jurisdiction; and (3) the design complies with all other applicable Federal laws. Emergency Exemptions Pub. L. 11494, div. A, title I,  1432 Dec. 4, 2015 129 Stat. 1429  (a)  In General Any road, highway, railway, bridge, or transit facility that is damaged by an emergency that is declared by the Governor of the State, with the concurrence of the Secretary of Homeland Security, or declared as an emergency by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 (b)  Exemptions and Expedited Procedures. (1)  Alternative arrangements Alternative arrangements for an emergency under section 1506.11 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act [ Dec. 4, 2015 (2)  Stormwater discharge permits A general permit for stormwater discharges from construction activities, if available, issued by the Administrator of the Environmental Protection Agency or the director of a State program under section 402(p) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(p) (3)  Emergency procedures The emergency procedures for issuing permits in accordance with section 325.2(e)(4) of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act) shall apply to reconstruction under subsection (a), and the reconstruction shall be considered an emergency under that regulation. (4)  National historic preservation act exemption Reconstruction under subsection (a) is eligible for an exemption from the requirements of the National Historic Preservation Act of 1966 [ Pub. L. 89665 (5)  Endangered species act exemption An exemption from the requirements of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 16 U.S.C. 1536(p) (6)  Expedited consultation under endangered species act Expedited consultation pursuant to section 402.05 of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act) shall apply to reconstruction under subsection (a). (7)  Other exemptions Any reconstruction that is exempt under paragraph (5) shall also be exempt from requirements under (A) the Migratory Bird Treaty Act ( 16 U.S.C. 703 (B) the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 (C) the Fish and Wildlife Coordination Act ( 16 U.S.C. 661 Safety for Users Pub. L. 11494, div. A, title I,  1442 Dec. 4, 2015 129 Stat. 1436  (a)  In General The Secretary [of Transportation] shall encourage each State and metropolitan planning organization to adopt standards for the design of Federal surface transportation projects that provide for the safe and adequate accommodation (as determined by the State) of all users of the surface transportation network, including motorized and nonmotorized users, in all phases of project planning, development, and operation. (b)  Report Not later than 2 years after the date of enactment of this Act [ Dec. 4, 2015 (c)  Best Practices Based on the report under subsection (b), the Secretary shall identify and disseminate examples of best practices where States have adopted measures that have successfully provided for the safe and adequate accommodation of all users of the surface transportation network in all phases of project planning, development, and operation. Categorical Exclusions in Emergencies Pub. L. 112141, div. A, title I,  1315 July 6, 2012 126 Stat. 549  (a)  In General Not later than 30 days after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112141 section 101 of this title 42 U.S.C. 5121 (1) in the same location with the same capacity, dimensions, and design as the original road, highway, or bridge as before the declaration described in this section; and (2) commenced within a 2-year period beginning on the date of a declaration described in this section. (b)  Rulemaking. (1)  In general The Secretary [of Transportation] shall ensure that the rulemaking helps to conserve Federal resources and protects public safety and health by providing for periodic evaluations to determine if reasonable alternatives exist to roads, highways, or bridges that repeatedly require repair and reconstruction activities. (2)  Reasonable alternatives The reasonable alternatives described in paragraph (1) include actions that could reduce the need for Federal funds to be expended on such repair and reconstruction activities, better protect public safety and health and the environment, and meet transportation needs as described in relevant and applicable Federal, State, local and tribal plans. Categorical Exclusions for Projects Within the Right-of-way Pub. L. 112141, div. A, title I,  1316 July 6, 2012 126 Stat. 549  (a)  In General The Secretary [of Transportation] shall (1) not later than 180 days after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112141 section 101 of this title section 101(a) of title 23 (2) not later than 150 days after the date of enactment of this Act, promulgate regulations to carry out paragraph (1). (b)  Definition of an Operational Right-of-way In this section, the term operational right-of-way means all real property interests acquired for the construction, operation, or mitigation of a project (as defined in section 101(a) of title 23 Categorical Exclusion for Projects of Limited Federal Assistance Pub. L. 112141, div. A, title I,  1317 July 6, 2012 126 Stat. 550 Pub. L. 11494, div. A, title I,  1314(a) Dec. 4, 2015 129 Stat. 1402 Pub. L. 11758, div. A, title I,  11317 Nov. 15, 2021 135 Stat. 543  Not later than 180 days after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112141 section 101 of this title (1) designate as an action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, and section 771.117(c) of title 23, Code of Federal Regulations, any project (A) that receives less than $6,000,000 (as adjusted annually by the Secretary [of Transportation] to reflect any increases in the Consumer Price Index prepared by the Department of Labor) of Federal funds; or (B) with a total estimated cost of not more than $35,000,000 (as adjusted annually by the Secretary to reflect any increases in the Consumer Price Index prepared by the Department of Labor) and Federal funds comprising less than 15 percent of the total estimated project cost; and (2) not later than 150 days after the date of enactment of this Act, promulgate regulations to carry out paragraph (1). Programmatic Agreements and Additional Categorical Exclusions Pub. L. 112141, div. A, title I,  1318 July 6, 2012 126 Stat. 550 Pub. L. 11494, div. A, title I,  1315(a) Dec. 4, 2015 129 Stat. 1403  (a)  In General Not later than 60 days after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112141 section 101 of this title (1) survey the use by the Department [of Transportation] of categorical exclusions in transportation projects since 2005; (2) publish a review of the survey that includes a description of (A) the types of actions categorically excluded; and (B) any requests previously received by the Secretary for new categorical exclusions; and (3) solicit requests from State departments of transportation, transit authorities, metropolitan planning organizations, or other government agencies for new categorical exclusions. (b)  New Categorical Exclusions Not later than 120 days after the date of enactment of this Act, the Secretary shall publish a notice of proposed rulemaking to propose new categorical exclusions received by the Secretary under subsection (a), to the extent that the categorical exclusions meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations, and section 771.117(a) of title 23, Code of Federal Regulations (as those regulations are in effect on the date of the notice). (c)  Additional Actions The Secretary shall issue a proposed rulemaking to move the following types of actions from subsection (d) of section 771.117 of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act), to subsection (c) of that section, to the extent that such movement complies with the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act): (1) Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (including parking, weaving, turning, and climbing). (2) Highway safety or traffic operations improvement projects, including the installation of ramp metering control devices and lighting. (3) Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings. (d)  Programmatic Agreements. (1)  In general The Secretary shall seek opportunities to enter into programmatic agreements with the States that establish efficient administrative procedures for carrying out environmental and other required project reviews. (2)  Inclusions Programmatic agreements authorized under paragraph (1) may include agreements that allow a State to determine on behalf of the Federal Highway Administration whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (3)  Determinations An agreement described in paragraph (2) may include determinations by the Secretary [of Transportation] of the types of projects categorically excluded (consistent with section 1508.4 of title 40, Code of Federal Regulations) in the State in addition to the types listed in subsections (c) and (d) of section 771.117 of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act). (e)  Programmatic Agreement Template. (1)  In general The Secretary [of Transportation] shall develop a template programmatic agreement described in subsection (d) that provides for efficient and adequate procedures for evaluating Federal actions described in section 771.117(c) of title 23, Code of Federal Regulations (as in effect on the date of enactment of this subsection [ Dec. 4, 2015 (2)  Use of template The Secretary (A) on receipt of a request from a State, shall use the template programmatic agreement developed under paragraph (1) in carrying out this section; and (B) on consent of the applicable State, may modify the template as necessary to address the unique needs and characteristics of the State. (3)  Outcome measurements The Secretary shall establish a method to verify that actions described in section 771.117(c) of title 23, Code of Federal Regulations (as in effect on the date of enactment of this subsection), are evaluated and documented in a consistent manner by the State that uses the template programmatic agreement under this subsection. Engineering Judgment Pub. L. 112141, div. A, title I,  1529 July 6, 2012 126 Stat. 583 Not later than 90 days after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112141 section 101 of this title Highway Signs Relating to Veterans Cemeteries Pub. L. 10829,  3 May 29, 2003 117 Stat. 772  (a)  In General Notwithstanding the terms of any agreement entered into by the Secretary of Transportation and a State under section 109(d) or 402(a) of title 23, United States Code, a veterans cemetery shall be treated as a site for which a supplemental guide sign may be placed on any Federal-aid highway. (b)  Applicability Subsection (a) shall apply to an agreement entered into before, on, or after the date of the enactment of this Act [ May 29, 2003 International Roughness Index Pub. L. 105178, title I,  1213(b) June 9, 1998 112 Stat. 200  (1)  Study The Comptroller General of the United States shall conduct a study on the international roughness index that is used as an indicator of pavement quality on the Federal-aid highway system. (2)  Required elements The study shall specify the extent of usage of the index and the extent to which the international roughness index measurement is reliable across different manufacturers and types of pavement. (3)  Report to congress Not later than 2 years after the date of enactment of this Act [ June 9, 1998 Environmental Streamlining Pub. L. 105178, title I,  1309 June 9, 1998 112 Stat. 232 Pub. L. 105206, title IX,  9004(c) July 22, 1998 112 Stat. 843 Pub. L. 10959, title VI,  6002(d) Aug. 10, 2005 119 Stat. 1865 Roadside Safety Technologies Pub. L. 105178, title I,  1402 June 9, 1998 112 Stat. 236 Pub. L. 105206, title IX,  9005(c) July 22, 1998 112 Stat. 848  (a)  Crash Cushions. (1)  Guidance Not later than 18 months after the date of enactment of this Act [ June 9, 1998 (2)  Use of guidance States shall use the guidance issued under this subsection in evaluating the safety and cost-effectiveness of utilizing different crash cushion designs and determining whether redirective or nonredirective crash cushions or other safety appurtenances should be installed at specific highway locations. (b)  Traffic Flow and Safety Applications of Road Barriers. (1)  Study The Secretary shall conduct a study on the technologies and methods to enhance safety, streamline construction, and improve capacity by providing positive separation at all times between traffic, equipment, and workers on highway construction projects. The study shall also address how such technologies can be used to improve capacity and safety at those specific highway, bridge, and other appropriate locations where reversible lane, contraflow, and high occupancy vehicle lane operations are implemented during peak traffic periods. (2)  Uses to consider In conducting the study, the Secretary shall consider, at a minimum, uses of positive separation technologies related to (A) separating workers from traffic flow when work is in progress; (B) providing additional safe work space by utilizing adjacent and available traffic lanes during off-peak hours; (C) rapid deployment to allow for daily or periodic restoration of lanes for use by traffic during peak hours as needed; (D) mitigating congestion caused by construction by (i) opening all adjacent and available lanes to traffic during peak traffic hours; or (ii) using reversible lanes to optimize capacity of the highway by adjusting to directional traffic flow; and (E) permanent use of positive separation technologies to create contraflow or reversible lanes to increase the capacity of congested highways, bridges, and tunnels. (3)  Report Not later than 18 months after the date of enactment of this Act [ June 9, 1998 Metric Requirements Pub. L. 10459, title II,  205(c) Nov. 28, 1995 109 Stat. 577 Pub. L. 105178, title I,  1211(d) June 9, 1998 112 Stat. 188  (1)  Placement and modification of signs The Secretary shall not require the States to expend any Federal or State funds to construct, erect, or otherwise place or to modify any sign relating to a speed limit, distance, or other measurement on a highway for the purpose of having such sign establish such speed limit, distance, or other measurement using the metric system. (2)  Other actions The Secretary shall not require that any State use or plan to use the metric system with respect to designing or advertising, or preparing plans, specifications, estimates, or other documents, for a Federal-aid highway project eligible for assistance under title 23, United States Code. (3)  Definitions In this subsection, the following definitions apply: (A)  Highway The term highway has the meaning such term has under section 101 of title 23 (B)  Metric system The term metric system has the meaning the term metric system of measurement has under section 4 of the Metric Conversion Act of 1975 ( 15 U.S.C. 205c Type II Noise Barriers Pub. L. 10459, title III,  339(b) Nov. 28, 1995 109 Stat. 605  (1)  General rule No funds made available out of the Highway Trust Fund may be used to construct Type II noise barriers (as defined by section 772.5(i) of title 23, Code of Federal Regulations) pursuant to subsections (h) and (i) of section 109 of title 23 Nov. 28, 1995 (2)  Exceptions Paragraph (1) shall not apply to construction of Type II noise barriers along lands that were developed or were under substantial construction before approval of the acquisition of the rights-of-ways for, or construction of, the existing highway. Highway Signs for National Highway System Pub. L. 10459, title III,  359(b) Nov. 28, 1995 109 Stat. 626  (1)  Study The Secretary shall conduct a study to determine the cost, need, and efficacy of establishing a highway sign for identifying routes on the National Highway System. In conducting the study, the Secretary shall make a determination concerning whether to identify National Highway System route numbers. (2)  Report Not later than March 1, 1997 Use of Recycled Paving Material Pub. L. 102240, title I,  1038 Dec. 18, 1991 105 Stat. 1987 Pub. L. 10459, title II,  205(b) Nov. 28, 1995 109 Stat. 577  (a)  Asphalt Pavement Containing Recycled Rubber Demonstration Program Notwithstanding any other provision of title 23, United States Code, or regulation or policy of the Department of Transportation, the Secretary (or a State acting as the Departments agent) may not disapprove a highway project under chapter 1 of title 23, United States Code, on the ground that the project includes the use of asphalt pavement containing recycled rubber. Under this subsection, a patented application process for recycled rubber shall be eligible for approval under the same conditions that an unpatented process is eligible for approval. (b)  Studies. (1)  In general The Secretary and the Administrator of the Environmental Protection Agency shall coordinate and conduct, in cooperation with the States, a study to determine (A) the threat to human health and the environment associated with the production and use of asphalt pavement containing recycled rubber; (B) the degree to which asphalt pavement containing recycled rubber can be recycled; and (C) the performance of the asphalt pavement containing recycled rubber under various climate and use conditions. (2)  Division of responsibilities The Administrator shall conduct the part of the study relating to paragraph (1)(A) and the Secretary shall conduct the part of the study relating to paragraph (1)(C). The Administrator and the Secretary shall jointly conduct the study relating to paragraph (1)(B). (3)  Additional study The Secretary and the Administrator, in cooperation with the States, shall jointly conduct a study to determine the economic savings, technical performance qualities, threats to human health and the environment, and environmental benefits of using recycled materials in highway devices and appurtenances and highway projects, including asphalt containing over 80 percent reclaimed asphalt, asphalt containing recycled glass, and asphalt containing recycled plastic. (4)  Additional elements In conducting the study under paragraph (3), the Secretary and the Administrator shall examine utilization of various technologies by States and shall examine the current practices of all States relating to the reuse and disposal of materials used in federally assisted highway projects. (5)  Report Not later than 18 months after the date of the enactment of this Act [ Dec. 18, 1991 (c)  DOT Guidance. (1)  Information gathering and distribution The Secretary shall gather information and recommendations concerning the use of asphalt containing recycled rubber in highway projects from those States that have extensively evaluated and experimented with the use of such asphalt and implemented such projects and shall make available such information and recommendations on the use of such asphalt to those States which indicate an interest in the use of such asphalt. (2)  Encouragement of use The Secretary should encourage the use of recycled materials determined to be appropriate by the studies pursuant to subsection (b) in federally assisted highway projects. Procuring agencies shall comply with all applicable guidelines or regulations issued by the Administrator of the Environmental Protection Agency. (d)  Asphalt Pavement Containing Recycled Rubber. (1)  Crumb rubber modifier research Not later than 180 days after the date of the enactment of the National Highway System Designation Act of 1995 [ Nov. 28, 1995 section 307(d) of title 23 (2)  Crumb rubber modifier program development. (A)  In general The Secretary may make grants to States to develop programs to use crumb rubber from scrap tires to modify asphalt pavements. (B)  Use of grant funds Grant funds made available to States under this paragraph shall be used (i) to develop mix designs for crumb rubber modified asphalt pavements; (ii) for the placement and evaluation of crumb rubber modified asphalt pavement field tests; and (iii) for the expansion of State crumb rubber modifier programs in existence on the date the grant is made available. (e)  Definitions For purpose of this section (1) the term asphalt pavement containing recycled rubber means any mixture of asphalt and crumb rubber derived from whole scrap tires, such that the physical properties of the asphalt are modified through the mixture, for use in pavement maintenance, rehabilitation, or construction applications; and (2) the term recycled rubber is any crumb rubber derived from processing whole scrap tires or shredded tire material taken from automobiles, trucks, or other equipment owned and operated in the United States. Survey and Report on Upgrading of Design Standards Pub. L. 102240, title I,  1049 Dec. 18, 1991 105 Stat. 2000 Dec. 18, 1991 Erosion Control Guidelines Pub. L. 102240, title I,  1057 Dec. 18, 1991 105 Stat. 2002  (a)  Development The Secretary shall develop erosion control guidelines for States to follow in carrying out construction projects funded in whole or in part under this title [see Tables for classification]. (b)  More Stringent State Requirements Guidelines developed under subsection (a) shall not preempt any requirement made by or under State law if such requirement is more stringent than the guidelines. (c)  Consistency With Other Programs Guidelines developed under subsection (a) shall be consistent with nonpoint source management programs under section 319 of the Federal Water Pollution Control Act [ 33 U.S.C. 1329 16 U.S.C. 1455b(g) Roadside Barrier Technology Pub. L. 102240, title I,  1058 Dec. 18, 1991 105 Stat. 2003 Pub. L. 10459, title III,  328 Nov. 28, 1995 109 Stat. 593  (a)  Requirement for Innovative Barriers Not less than 212 percent of the mileage of new or replacement permanent or temporary crashworthy barriers included in awarded contracts along Federal-aid highways within the boundaries of a State in each calendar year shall be innovative crashworthy safety barriers. (b)  Certification Each State shall annually certify to the Secretary its compliance with the requirements of this section. (c)  Definition of Innovative Crashworthy Safety Barrier For purposes of this section, the term innovative crashworthy safety barrier means a barrier, other than a guardrail or guiderail, classified by the Federal Highway Administration as experimental or that was classified as operational after January 1, 1985 Roadside Barriers and Safety Appurtenances Pub. L. 102240, title I,  1073 Dec. 18, 1991 105 Stat. 2012  (a)  Initiation of Rulemaking Proceeding Not later than 30 days after the date of the enactment of this Act [ Dec. 18, 1991 (b)  Final Rule Not later than 1 year after the date of the enactment of this Act [ Dec. 18, 1991 Studies Relating to Establishment of Standards for Resurfacing, Restoration, and Rehabilitation of Highways and to Establishment of Uniform Standards and Criteria for Testing and Inspecting Highways and Bridges Pub. L. 97424, title I,  110(b) Jan. 6, 1983 96 Stat. 2105  (b) The Secretary of Transportation shall enter into appropriate arrangements with the National Academy of Sciences (1) to conduct a study of the safety cost-effectiveness of geometric design criteria of standards currently in effect for construction and reconstruction of highways, other than highways access to which is fully controlled, to determine the most appropriate minimum standards to apply to resurfacing, restoration, and rehabilitation projects on such highways, which study shall include a study of the cost effectiveness of the hot dip galvanizing process for the installation, repair, or replacement of exposed structural and miscellaneous steel, and (2) to propose standards to preserve and extend the service life of such highways and enhance highway safety. The National Academy of Sciences shall conduct such study in cooperation with the National Transportation Safety Board, the Congressional Budget Office, and the American Association of State Highway and Transportation Officials. Upon completion of such study, the National Academy of Sciences shall submit such study and its proposed standards to the Secretary of Transportation for review. Within ninety days after submission of such standards to the Secretary of Transportation, the Secretary shall submit such study and the proposed standards of the National Academy of Sciences, together with the recommendations of the Secretary, to Congress for approval. (c) (1) The Secretary of Transportation is directed to coordinate a study with the National Bureau of Standards, the American Society for Testing and Materials, and other organizations as deemed appropriate, (A) to determine the existing quality of design, construction, products, use, and systems for highways and bridges; (B) to determine the need for uniform standards and criteria for design, processing, products, and applications, including personnel training and implementation of enforcement techniques; and (C) to determine the manpower needs and costs of developing a national system for the evaluation and accreditation of testing and inspection agencies. (2) The Secretary shall submit such study to the Congress not later than one year after the date of enactment of this section [ Jan. 6, 1983 Expenditure of Federal Funds for Highway Signs Using Metric System Pub. L. 95599, title I,  144 Nov. 6, 1978 92 Stat. 2713 Pub. L. 96106,  14 Nov. 9, 1979 93 Stat. 798 Pub. L. 102240, title I,  1053 Dec. 18, 1991 105 Stat. 2001 Modification of Project Agreements To Effectuate Requirement of Four-Lanes of Traffic Authorization to modify projects agreements entered into prior to September 13, 1966 Pub. L. 89574 section 5(b) of Pub. L. 89574 section 106 of this title [ 110. Repealed. Pub. L. 112141, div. A, title I,  1519(b)(1)(A) July 6, 2012 126 Stat. 575   Section, added and amended Pub. L. 105178, title I,  1105(a) June 9, 1998 112 Stat. 130 Pub. L. 105206, title IX,  9002(e) July 22, 1998 112 Stat. 835 Pub. L. 106113, div. B,  1000(a)(5) [title III,  304] Nov. 29, 1999 113 Stat. 1536 Pub. L. 106159, title I,  102(a)(2) Dec. 9, 1999 113 Stat. 1752 Pub. L. 10959, title I,  1105(a) Aug. 10, 2005 119 Stat. 1165  Another section 110 was renumbered section 126 of this title  A prior section 110, Pub. L. 85767 Aug. 27, 1958 72 Stat. 894 Pub. L. 105178, title I,  1105(a) June 9, 1998 112 Stat. 130 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  111. Agreements relating to use of and access to rights-of-wayInterstate System (a)  In General All agreements between the Secretary and the State transportation department for the construction of projects on the Interstate System shall contain a clause providing that the State will not add any points of access to, or exit from, the project in addition to those approved by the Secretary in the plans for such project, without the prior approval of the Secretary. Such agreements shall also contain a clause providing that the State will not permit automotive service stations or other commercial establishments for serving motor vehicle users to be constructed or located on the rights-of-way of the Interstate System and will not change the boundary of any right-of-way on the Interstate System to accommodate construction of, or afford access to, an automotive service station or other commercial establishment. Such agreements may, however, authorize a State or political subdivision thereof to use or permit the use of the airspace above and below the established grade line of the highway pavement for such purposes as will not impair the full use and safety of the highway, as will not require or permit vehicular access to such space directly from such established grade line of the highway, or otherwise interfere in any way with the free flow of traffic on the Interstate System. Nothing in this section, or in any agreement entered into under this section, shall require the discontinuance, obstruction, or removal of any establishment for serving motor vehicle users on any highway which has been, or is hereafter, designated as a highway or route on the Interstate System (1) if such establishment (A) was in existence before January 1, 1960 (b)  Rest Areas. (1)  In general Notwithstanding subsection (a), the Secretary shall permit a State to acquire, construct, operate, and maintain a rest area along a highway on the Interstate System in such State. (2)  Limited activities The Secretary shall permit limited commercial activities within a rest area under paragraph (1), if the activities are available only to customers using the rest area and are limited to (A) commercial advertising and media displays if such advertising and displays are (i) exhibited solely within any facility constructed in the rest area; and (ii) not legible from the main traveled way; (B) items designed to promote tourism in the State, limited to books, DVDs, and other media; (C) tickets for events or attractions in the State of a historical or tourism-related nature; (D) travel-related information, including maps, travel booklets, and hotel coupon booklets; and (E) lottery machines, provided that the priority afforded to blind vendors under subsection (c) applies to this subparagraph. (3)  Private operators A State may permit a private party to operate such commercial activities. (4)  Limitation on use of revenues A State shall use any revenues received from the commercial activities in a rest area under this section to cover the costs of acquiring, constructing, operating, and maintaining rest areas in the State. (c)  Vending Machines Notwithstanding subsection (a), any State may permit the placement of vending machines in rest and recreation areas, and in safety rest areas, constructed or located on rights-of-way of the Interstate System in such State. Such vending machines may only dispense such food, drink, and other articles as the State transportation department determines are appropriate and desirable. Such vending machines may only be operated by the State. In permitting the placement of vending machines, the State shall give priority to vending machines which are operated through the State licensing agency designated pursuant to section 2(a)(5) of the Act of June 20, 1936 20 U.S.C. 107a(a)(5) (d)  Motorist Call Boxes. (1)  In general Notwithstanding subsection (a), a State may permit the placement of motorist call boxes on rights-of-way of the National Highway System. Such motorist call boxes may include the identification and sponsorship logos of such call boxes. (2)  Sponsorship logos. (A)  Approval by state and local agencies All call box installations displaying sponsorship logos under this subsection shall be approved by the highway agencies having jurisdiction of the highway on which they are located. (B)  Size on box A sponsorship logo may be placed on the call box in a dimension not to exceed the size of the call box or a total dimension in excess of 12 inches by 18 inches. (C)  Size on identification sign Sponsorship logos in a dimension not to exceed 12 inches by 30 inches may be displayed on a call box identification sign affixed to the call box post. (D)  Spacing of signs Sponsorship logos affixed to an identification sign on a call box post may be located on the rights-of-way at intervals not more frequently than 1 per every 5 miles. (E)  Distribution throughout state Within a State, at least 20 percent of the call boxes displaying sponsorship logos shall be located on highways outside of urbanized areas with a population greater than 50,000. (3)  Nonsafety hazards The call boxes and their location, posts, foundations, and mountings shall be consistent with requirements of the Manual on Uniform Traffic Control Devices or any requirements deemed necessary by the Secretary to assure that the call boxes shall not be a safety hazard to motorists. (e)  Justification Reports If the Secretary requests or requires a justification report for a project that would add a point of access to, or exit from, the Interstate System (including new or modified freeway-to-crossroad interchanges inside a transportation management area), the Secretary may permit a State transportation department to approve the report. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 895 Pub. L. 8761, title I,  104(a) June 29, 1961 75 Stat. 122 Pub. L. 95599, title I,  114 Nov. 6, 1978 92 Stat. 2697 Pub. L. 10017, title I,  110(a) Apr. 2, 1987 101 Stat. 146 Pub. L. 10459, title III,  306 Nov. 28, 1995 109 Stat. 580 Pub. L. 105178, title I,  1212(a)(2)(A)(i) June 9, 1998 112 Stat. 193 Pub. L. 10959, title I,  1412 Aug. 10, 2005 119 Stat. 1234 Pub. L. 110244, title I,  104 June 6, 2008 122 Stat. 1578 Pub. L. 112141, div. A, title I July 6, 2012 126 Stat. 564 Pub. L. 11494, div. A, title I,  1405 Dec. 4, 2015 129 Stat. 1410  Editorial Notes Amendments 2015Subsec. (e). Pub. L. 11494 2012Subsec. (a). Pub. L. 112141,  1539(a)(1) Subsecs. (b) to (d). Pub. L. 112141,  1539(a)(2) Subsec. (e). Pub. L. 112141,  1505 2008Subsec. (d). Pub. L. 110244 2005Subsec. (d). Pub. L. 10959 1998Subsecs. (a), (b). Pub. L. 105178 1995Subsec. (c). Pub. L. 10459 1987 Pub. L. 10017 1978 Pub. L. 95599 1961 Pub. L. 8761 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Interstate Oasis Program Pub. L. 10959, title I,  1310 Aug. 10, 2005 119 Stat. 1219  (a)  In General Not later than 180 days after the date of enactment of this section [ Aug. 10, 2005 (1) establish an interstate oasis program; and (2) after providing an opportunity for public comment, develop standards for designating, as an interstate oasis, a facility that (A) offers (i) products and services to the public; (ii) 24-hour access to restrooms; and (iii) parking for automobiles and heavy trucks; and (B) meets other standards established by the Secretary. (b)  Standards for Designation The standards for designation under subsection (a) shall include standards relating to (1) the appearance of a facility; and (2) the proximity of the facility to the Dwight D. Eisenhower National System of Interstate and Defense Highways. (c)  Eligibility for Designation If a State (as defined in section 101(a) of title 23 (d)  Logo The Secretary [of Transportation] shall design a logo to be displayed by a facility designated under this section. Vending Machines; Placement in Rest, Recreation, and Safety Rest Areas; State Operation of Machines Pub. L. 97424, title I,  111 Jan. 6, 1983 96 Stat. 2106 section 111 of this title Oct. 1, 1983 section 2(a)(5) of the Act of June 20, 1936 20 U.S.C. 107a(a)(5) Demonstration Project for Vending Machines in Rest and Recreation Areas Pub. L. 95599, title I,  153 Nov. 6, 1978 92 Stat. 2716 Nov. 6, 1978 Revision of Agreements Relating to Utilization of Space on Rights-of-Way Pub. L. 8761, title I,  104(b) June 29, 1961 75 Stat. 123 June 29, 1961 section 111 of this title  112. Letting of contracts (a) In all cases where the construction is to be performed by the State transportation department or under its supervision, a request for submission of bids shall be made by advertisement unless some other method is approved by the Secretary. The Secretary shall require such plans and specifications and such methods of bidding as shall be effective in securing competition. (b)  Bidding Requirements. (1)  In general Subject to paragraphs (2) and (3), construction of each project, subject to the provisions of subsection (a) of this section, shall be performed by contract awarded by competitive bidding, unless the State transportation department demonstrates, to the satisfaction of the Secretary, that some other method is more cost effective or that an emergency exists. Contracts for the construction of each project shall be awarded only on the basis of the lowest responsive bid submitted by a bidder meeting established criteria of responsibility. No requirement or obligation shall be imposed as a condition precedent to the award of a contract to such bidder for a project, or to the Secretarys concurrence in the award of a contract to such bidder, unless such requirement or obligation is otherwise lawful and is specifically set forth in the advertised specifications. (2)  Contracting for engineering and design services. (A)  General rule Subject to paragraph (3), each contract for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services with respect to a project subject to the provisions of subsection (a) of this section shall be awarded in the same manner as a contract for architectural and engineering services is negotiated under chapter 11 of title 40. (B)  Performance and audits Any contract or subcontract awarded in accordance with subparagraph (A), whether funded in whole or in part with Federal-aid highway funds, shall be performed and audited in compliance with cost principles contained in the Federal Acquisition Regulations of part 31 of title 48, Code of Federal Regulations. (C)  Indirect cost rates Instead of performing its own audits, a recipient of funds under a contract or subcontract awarded in accordance with subparagraph (A) shall accept indirect cost rates established in accordance with the Federal Acquisition Regulations for 1-year applicable accounting periods by a cognizant Federal or State government agency, if such rates are not currently under dispute. (D)  Application of rates Once a firms indirect cost rates are accepted under this paragraph, the recipient of the funds shall apply such rates for the purposes of contract estimation, negotiation, administration, reporting, and contract payment and shall not be limited by administrative or de facto ceilings of any kind. (E)  Prenotification; confidentiality of data A recipient of funds requesting or using the cost and rate data described in subparagraph (D) shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. (F)  Exclusion Subparagraphs (B), (C), (D) and (E) herein shall not apply to the States of West Virginia or Minnesota. (3)  Design-build contracting. (A)  In general A State transportation department or local transportation agency may award a design-build contract for a qualified project described in subparagraph (C) using any procurement process permitted by applicable State and local law. (B)  Limitation on final design Final design under a design-build contract referred to in subparagraph (A) shall not commence before compliance with section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (C)  Qualified projects A qualified project referred to in subparagraph (A) is a project under this chapter (including intermodal projects) for which the Secretary has approved the use of design-build contracting under criteria specified in regulations issued by the Secretary. (D)  Regulatory process Not later than 90 days after the date of enactment of the SAFETEALU, the Secretary shall issue revised regulations under section 1307(c) of the Transportation Equity Act for 21st Century ( 23 U.S.C. 112 112 Stat. 230 (i) do not preclude a State transportation department or local transportation agency, prior to compliance with section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (I) issuing requests for proposals; (II) proceeding with awards of design-build contracts; or (III) issuing notices to proceed with preliminary design work under design-build contracts; (ii) require that the State transportation department or local transportation agency receive concurrence from the Secretary before carrying out an activity under clause (i); and (iii) preclude the design-build contractor from proceeding with final design or construction of any permanent improvement prior to completion of the process under such section 102. (E)  Design-build contract defined In this paragraph, the term design-build contract means an agreement that provides for design and construction of a project by a contractor, regardless of whether the agreement is in the form of a design-build contract, a franchise agreement, or any other form of contract approved by the Secretary. (4)  Method of contracting. (A)  In general. (i) 2- phase contract A contracting agency may award a 2-phase contract to a construction manager or general contractor for preconstruction and construction services. (ii)  Preconstruction services phase In the preconstruction services phase of a contract under this paragraph, the contractor shall provide the contracting agency with advice for scheduling, work sequencing, cost engineering, constructability, cost estimating, and risk identification. (iii)  Agreement Prior to the start of the construction services phase, the contracting agency and the contractor may agree to a price and other factors specified in regulation for the construction of the project or a portion of the project. (iv)  Construction phase If an agreement is reached under clause (iii), the contractor shall be responsible for the construction of the project or portion of the project at the negotiated price and in compliance with the other factors specified in the agreement. (B)  Selection A contract shall be awarded to a contractor under this paragraph using a competitive selection process based on qualifications, experience, best value, or any other combination of factors considered appropriate by the contracting agency. (C)  Timing. (i)  Relationship to nepa process Prior to the completion of the environmental review process required under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (I) issue requests for proposals; (II) proceed with the award of a contract for preconstruction services under subparagraph (A)(ii); and (III) issue notices to proceed with a preliminary design and any work related to preliminary design, to the extent that those actions do not limit any reasonable range of alternatives. (ii)  Construction services phase A contracting agency shall not proceed with the award of the construction services phase of a contract under subparagraph (A)(iv) and shall not proceed, or permit any consultant or contractor to proceed, with final design or construction until completion of the environmental review process required under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (iii)  Approval requirement Prior to authorizing construction activities, the Secretary shall approve (I) the price estimate of the contracting agency for the entire project; and (II) any price agreement with the general contractor for the project or a portion of the project. (iv)  Design activities. (I)  In general A contracting agency may proceed, at the expense of the contracting agency, with design activities at any level of detail for a project before completion of the review process required for the project under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (II)  Reimbursement Design activities carried out under subclause (I) shall be eligible for Federal reimbursement as a project expense in accordance with the requirements under section 109(r). (v)  Termination provision The Secretary shall require a contract to include an appropriate termination provision in the event that a no-build alternative is selected. (c) The Secretary shall require as a condition precedent to his approval of each contract awarded by competitive bidding pursuant to subsection (b) of this section, and subject to the provisions of this section, a sworn statement, executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. (d) No contract awarded by competitive bidding pursuant to subsection (b) of this section, and subject to the provisions of this section, shall be entered into by any State transportation department or local subdivision of the State without compliance with the provisions of this section, and without the prior concurrence of the Secretary in the award thereof. (e)  Standardized Contract Clause Concerning Site Conditions. (1)  General rule The Secretary shall issue regulations establishing and requiring, for inclusion in each contract entered into with respect to any project approved under section 106 of this title (A) Site conditions. (B) Suspensions of work ordered by the State (other than a suspension of work caused by the fault of the contractor or by weather). (C) Material changes in the scope of work specified in the contract. The guidelines established by the Secretary shall not require arbitration. (2)  Limitation on applicability. (A)  State law Paragraph (1) shall apply in a State except to the extent that such State adopts or has adopted by statute a formal procedure for the development of a contract clause described in paragraph (1) or adopts or has adopted a statute which does not permit inclusion of such a contract clause. (B)  Design-build contracts Paragraph (1) shall not apply to any design-build contract approved under subsection (b)(3). (f)  Selection Process A State may procure, under a single contract, the services of a consultant to prepare any environmental impact assessments or analyses required for a project, including environmental impact statements, as well as subsequent engineering and design work on the project if the State conducts a review that assesses the objectivity of the environmental assessment, environmental analysis, or environmental impact statement prior to its submission to the Secretary. (g)  Temporary Traffic Control Devices. (1)  Issuance of regulations The Secretary, after consultation with appropriate Federal and State officials, shall issue regulations establishing the conditions for the appropriate use of, and expenditure of funds for, uniformed law enforcement officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary traffic control devices during construction, utility, and maintenance operations. (2)  Effects of regulations Based on regulations issued under paragraph (1), a State shall (A) develop separate pay items for the use of uniformed law enforcement officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary traffic control devices during construction, utility, and maintenance operations; and (B) incorporate such pay items into contract provisions to be included in each contract entered into by the State with respect to a highway project to ensure compliance with section 109(e)(2). (3)  Limitation Nothing in the regulations shall prohibit a State from implementing standards that are more stringent than those required under the regulations. (4)  Positive protective measures defined In this subsection, the term positive protective measures means temporary traffic barriers, crash cushions, and other strategies to avoid traffic accidents in work zones, including full road closures. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 895 Pub. L. 90495,  22(c) Aug. 23, 1968 82 Stat. 827 Pub. L. 96470, title I,  112(b)(1) Oct. 19, 1980 94 Stat. 2239 Pub. L. 97424, title I,  112 Jan. 6, 1983 96 Stat. 2106 Pub. L. 10017, title I,  111 Apr. 2, 1987 101 Stat. 147 Pub. L. 10459, title III,  307(a) Nov. 28, 1995 109 Stat. 581 Pub. L. 105178, title I June 9, 1998 112 Stat. 184 Pub. L. 107217,  3(e)(1) Aug. 21, 2002 116 Stat. 1299 Pub. L. 10959, title I Aug. 10, 2005 119 Stat. 1170 Pub. L. 109115, div. A, title I,  174 Nov. 30, 2005 119 Stat. 2426 Pub. L. 112141, div. A, title I,  1303(a) July 6, 2012 126 Stat. 531 Pub. L. 11758, div. A, title I,  11525(d) Nov. 15, 2021 135 Stat. 607  Editorial Notes  References in Text The date of enactment of the SAFETEALU, referred to in subsec. (b)(3)(D), is the date of enactment of Pub. L. 10959 Aug. 10, 2005 Section 1307(c) of the Transportation Equity Act for 21st Century, referred to in subsec. (b)(3)(D), is section 1307(c) of Pub. L. 105178 The National Environmental Policy Act of 1969, referred to in subsec. (b)(4)(C)(iv)(I), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Amendments 2021Subsec. (b)(2)(F). Pub. L. 11758 2012Subsec. (b)(4). Pub. L. 112141 2005Subsec. (b)(2)(A). Pub. L. 109115,  174(1) Subsec. (b)(2)(B) to (D). Pub. L. 109115,  174(2) (i) In a complying state (ii) In a noncomplying state August 1, 1989 Subsec. (b)(2)(E). Pub. L. 109115,  174(3) Subsec. (b)(2)(F). Pub. L. 109115,  174(5) State option Pub. L. 109115,  174(3) Subsec. (b)(2)(G). Pub. L. 109115,  174(3) Subsec. (b)(3)(C) to (E). Pub. L. 10959,  1503 Subsecs. (f), (g). Pub. L. 10959,  1110(b) section 117 of this title 2002Subsec. (b)(2)(A). Pub. L. 107217 1998Subsec. (a). Pub. L. 105178,  1212(a)(2)(A)(i) Subsec. (b)(1). Pub. L. 105178,  1307(a)(1) Pub. L. 105178,  1212(a)(2)(A)(i) Subsec. (b)(2)(A). Pub. L. 105178,  1307(a)(2) Subsec. (b)(2)(B)(i). Pub. L. 105178,  1205(a) Subsec. (b)(2)(B)(ii). Pub. L. 105178,  1205(a) Subsec. (b)(3). Pub. L. 105178,  1307(a)(3) Subsec. (d). Pub. L. 105178,  1212(a)(2)(A)(i) Subsec. (e)(2). Pub. L. 105178,  1307(b) Subsec. (g). Pub. L. 105178,  1205(b) 1995Subsec. (b)(2)(C) to (G). Pub. L. 10459 1987Subsec. (b). Pub. L. 10017,  111(a) Subsecs. (e), (f). Pub. L. 10017,  111(c) 1983Subsec. (b). Pub. L. 97424,  112(1) Subsec. (e). Pub. L. 97424,  112(2) 1980Subsec. (b). Pub. L. 96470 1968Subsec. (b). Pub. L. 90495 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1998 Amendment Pub. L. 105178, title I,  1307(e) June 9, 1998 112 Stat. 231  (1)  In general The amendments made by this section [amending this section] take effect 3 years after the date of enactment of this Act [ June 9, 1998 (2)  Transition provision. (A)  In general During the period before issuance of the regulations under subsection (c) [set out below], the Secretary may approve, in accordance with an experimental program described in subsection (d) [set out below], design-build contracts to be awarded using any process permitted by applicable State and local law; except that final design under any such contract shall not commence before compliance with section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (B)  Previously awarded contracts The Secretary may approve design-build contracts awarded before the date of enactment of this Act. (C)  Design-build contract defined In this paragraph, the term design-build contract means an agreement that provides for design and construction of a project by a contractor, regardless of whether the agreement is in the form of a design-build contract, a franchise agreement, or any other form of contract approved by the Secretary. Effective Date of 1968 Amendment Amendment by Pub. L. 90495 Aug. 23, 1968 section 37 of Pub. L. 90495 section 101 of this title Regulations Pub. L. 112141, div. A, title I,  1303(b) July 6, 2012 126 Stat. 532 The Secretary [of Transportation] shall promulgate such regulations as are necessary to carry out the amendment made by subsection (a) [amending this section]. Pub. L. 105178, title I,  1307(c) June 9, 1998 112 Stat. 230  (1)  In general Not later than the effective date specified in subsection (e) [see Effective Date of 1998 Amendment note above], after consultation with the American Association of State Highway and Transportation Officials and representatives from affected industries, the Secretary shall issue regulations to carry out the amendments made by this section [amending this section]. (2)  Contents The regulations shall (A) identify the criteria to be used by the Secretary in approving the use by a State transportation department or local transportation agency of design-build contracting; and (B) establish the procedures to be followed by a State transportation department or local transportation agency for obtaining the Secretarys approval of the use of design-build contracting by the department or agency. Effect on Experimental Program Pub. L. 112141, div. A, title I,  1303(c) July 6, 2012 126 Stat. 532  Nothing in this section [amending this section and enacting provisions set out as a note under this section] or the amendment made by this section affects the authority to carry out, or any project carried out under, any experimental program concerning construction manager risk that is being carried out by the Secretary [of Transportation] as of the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112141 section 101 of this title Pub. L. 105178, title I,  1307(d) June 9, 1998 112 Stat. 231 June 9, 1998 Report to Congress Pub. L. 105178, title I,  1307(f) June 9, 1998 112 Stat. 231 June 9, 1998 Private Sector Involvement Program Pub. L. 102240, title I,  1060 Dec. 18, 1991 105 Stat. 2003  (a)  Establishment The Secretary shall establish a private sector involvement program to encourage States to contract with private firms for engineering and design services in carrying out Federal-aid highway projects when it would be cost effective. (b)  Grants to States. (1)  In general In conducting the program under this section, the Secretary may make grants in each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997 to not less than 3 States which the Secretary determines have implemented in the fiscal year preceding the fiscal year of the grant the most effective programs for increasing the percentage of funds expended for contracting with private firms (including small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals) for engineering and design services in carrying out Federal-aid highway projects. (2)  Use of grants A grant received by a State under this subsection may be used by the State only for awarding contracts for engineering and design services to carry out projects and activities for which Federal funds may be obligated under title 23, United States Code. (3)  Funding There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 1992 through 1997. Such sums shall remain available until expended. (c)  Report by FHWA Not later than 120 days after the date of the enactment of this Act [ Dec. 18, 1991 (d)  Report to Congress Not later than 2 years after the date of the enactment of this Act [ Dec. 18, 1991 (e)  Engineering and Design Services Defined The term engineering and design services means any category of service described in section 112(b) of title 23 (f)  Regulations Not later than 180 days after the date of the enactment of this Act [ Dec. 18, 1991 Pilot Program for Uniform Audit Procedures Pub. L. 102240, title I,  1092 Dec. 18, 1991 105 Stat. 2024 Dec. 18, 1991 Pub. L. 10459, title III,  307(b) Nov. 28, 1995 109 Stat. 582 Evaluation of State Procurement Practices Pub. L. 102240, title VI,  6014 Dec. 18, 1991 105 Stat. 2181 Dec. 18, 1991  113. Prevailing rate of wage (a) The Secretary shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors on the construction work performed on highway projects on the Federal-aid highways authorized under the highway laws providing for the expenditure of Federal funds upon Federal-aid highways, shall be paid wages at rates not less than those prevailing on the same type of work on similar construction in the immediate locality as determined by the Secretary of Labor in accordance with sections 31413144, 3146, and 3147 of title 40. (b) In carrying out the duties of subsection (a) of this section, the Secretary of Labor shall consult with the highway department of the State in which a project on any Federal-aid highway is to be performed. After giving due regard to the information thus obtained, he shall make a predetermination of the minimum wages to be paid laborers and mechanics in accordance with the provisions of subsection (a) of this section which shall be set out in each project advertisement for bids and in each bid proposal form and shall be made a part of the contract covering the project. (c) The provisions of the section shall not be applicable to employment pursuant to apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting equal employment opportunity in connection with Federal-aid highway construction programs. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 895 Pub. L. 90495,  12(a) Aug. 23, 1968 82 Stat. 821 Pub. L. 97424, title I,  149 Jan. 6, 1983 96 Stat. 2131 Pub. L. 10017, title I,  133(b)(5) Apr. 2, 1987 101 Stat. 171 Pub. L. 102240, title I,  1006(g)(2) Dec. 18, 1991 105 Stat. 1927 Pub. L. 107217,  3(e)(2) Aug. 21, 2002 116 Stat. 1299 Pub. L. 112141, div. A, title I,  1104(c)(2) July 6, 2012 126 Stat. 427  Editorial Notes Amendments 2012Subsec. (a). Pub. L. 112141,  1104(c)(2)(A) Subsec. (b). Pub. L. 112141,  1104(c)(2)(B) 2002Subsec. (a). Pub. L. 107217 March 3, 1931 40 U.S.C. 276a 1991Subsec. (a). Pub. L. 102240 1987Subsec. (a). Pub. L. 10017 March 3, 1931 August 30, 1935 1983Subsec. (a). Pub. L. 97424 1968Subsec. (a). Pub. L. 90495 Subsec. (b). Pub. L. 90495 Subsec. (c). Pub. L. 90495 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90495 Aug. 23, 1968 section 37 of Pub. L. 90495 section 101 of this title  114. Construction (a)  Construction Work In General The construction of any Federal-aid highway or a portion of a Federal-aid highway shall be undertaken by the respective State transportation departments or under their direct supervision. The Secretary shall have the right to conduct such inspections and take such corrective action as the Secretary determines to be appropriate. The construction work and labor in each State shall be performed under the direct supervision of the State transportation department and in accordance with the laws of that State and applicable Federal laws. Construction may be begun as soon as funds are available for expenditure pursuant to subsection (a) of section 118 of this title July 1, 1973 (b)  Convict Labor and Convict Produced Materials. (1)  Limitation on convict labor Convict labor shall not be used in construction of Federal-aid highways or portions of Federal-aid highways unless the labor is performed by convicts who are on parole, supervised release, or probation. (2)  Limitation on convict produced materials Materials produced after July 1, 1991 (A) if such materials are produced by convicts who are on parole, supervised release, or probation from a prison; or (B) if such materials are produced by convicts in a qualified prison facility and the amount of such materials produced in such facility for use in such construction during any 12-month period does not exceed the amount of such materials produced in such facility for use in such construction during the 12-month period ending July 1, 1987 (3)  Qualified prison facility defined As used in this subsection, qualified prison facility means any prison facility in which convicts, during the 12-month period ending July 1, 1987 (c)  Construction Work in Alaska. (1)  In general The Secretary shall ensure that a worker who is employed on a remote project for the construction of a highway or portion of a highway located on a Federal-aid system in the State of Alaska and who is not a domiciled resident of the locality shall receive meals and lodging. (2)  Lodging The lodging under paragraph (1) shall be in accordance with section 1910.142 of title 29, Code of Federal Regulations (relating to temporary labor camp requirements). (3)  Per diem. (A)  In general Contractors are encouraged to use commercial facilities and lodges on remote projects, however, when such facilities are not available, per diem in lieu of room and lodging may be paid on remote Federal highway projects at a basic rate of $75.00 per day or part of a day the worker is employed on the project. Where the contractor provides or furnishes room and lodging or pays a per diem, the cost of the amount shall not be considered a part of wages and shall be excluded from the calculation of wages. (B)  Secretary of labor Such per diem rate shall be adopted by the Secretary of Labor for all applicable remote Federal highway projects in Alaska. (C)  Exception Per diem shall not be allowed on any of the following remote projects for the construction of a highway or portion of a highway located on a Federal-aid system: (i) West of Livengood on the Elliot Highway. (ii) Mile 0 on the Dalton Highway to the North Slope of Alaska; north of Mile 20 on the Taylor Highway. (iii) East of Chicken on the Top of the World Highway and south of Tetlin Junction to the Alaska Canadian border. (4)  Definitions In this subsection, the following definitions apply: (A)  Remote The term remote, as used with respect to a project, means that the project is 65 road miles or more from the international airport in Fairbanks, Anchorage, or Juneau, Alaska, as the case may be, or is inaccessible by road in a 2-wheel drive vehicle. (B)  Resident The term resident, as used with respect to a project, means a person living within 65 road miles of the midpoint of the project for at least 12 consecutive months prior to the award of the project. (d)  Veterans Employment. (1)  In general Subject to paragraph (2), a recipient of Federal financial assistance under this chapter shall, to the extent practicable, encourage contractors working on a highway project funded using the assistance to make a best faith effort in the hiring or referral of laborers on any project for the construction of a highway to veterans (as defined in section 2108 of title 5 (2)  Administration This subsection shall not (A) apply to projects subject to section 140(d); or (B) be administered or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, a female, or any equally qualified former employee. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 896 Pub. L. 86657,  8(f) July 14, 1960 74 Stat. 525 Pub. L. 9387, title I,  115 Aug. 13, 1973 87 Stat. 258 Pub. L. 97424, title I,  148 Jan. 6, 1983 96 Stat. 2131 Pub. L. 98473, title II,  226 Oct. 12, 1984 98 Stat. 2030 Pub. L. 10017, title I,  112(a) Apr. 2, 1987 101 Stat. 148 Pub. L. 102240, title I,  1019 Dec. 18, 1991 105 Stat. 1948 Pub. L. 105178, title I,  1212(a)(2)(A) June 9, 1998 112 Stat. 193 Pub. L. 10959, title I Aug. 10, 2005 119 Stat. 1232 Pub. L. 112141, div. A, title I,  1506 July 6, 2012 126 Stat. 564  Editorial Notes Amendments 2012Subsec. (b)(1). Pub. L. 112141,  1506(1)(A) Subsec. (b)(3). Pub. L. 112141,  1506(1)(B) Subsec. (d). Pub. L. 112141,  1506(2) 2005Subsec. (a). Pub. L. 10959,  1904(b) section 117 of this title Subsec. (c). Pub. L. 10959,  1409(d) 1998Subsec. (a). Pub. L. 105178 1991Subsec. (b)(2). Pub. L. 102240 July 1, 1991 1987Subsec. (a). Pub. L. 10017,  112(b)(1) Subsec. (b). Pub. L. 10017,  112(b)(1) 1984Subsec. (b). Pub. L. 98473 Nov. 1, 1987 Pub. L. 10017,  112(a) 1983Subsec. (b). Pub. L. 97424 1973Subsec. (a). Pub. L. 9387 1960Subsec. (a). Pub. L. 86657 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Effective Date of 1984 Amendment Amendment by Pub. L. 98473 Nov. 1, 1987 section 235(a)(1) of Pub. L. 98473 section 3551 of Title 18 Local Hiring Preference for Construction Jobs Pub. L. 11758, div. B, title V,  25019 Nov. 15, 2021 135 Stat. 875  (a)  Authorization. (1)  In general A recipient or subrecipient of a grant provided by the Secretary [of Transportation] under title 23 or 49, United States Code, may implement a local or other geographical or economic hiring preference relating to the use of labor for construction of a project funded by the grant, including prehire agreements, subject to any applicable State and local laws, policies, and procedures. (2)  Treatment The use of a local or other geographical or economic hiring preference pursuant to paragraph (1) in any bid for a contract for the construction of a project funded by a grant described in paragraph (1) shall not be considered to unduly limit competition. (b)  Workforce Diversity Report Not later than 1 year after the date of enactment of this Act [ Nov. 15, 2021 (1) to ensure preapprenticeship programs are established and implemented to meet the needs of employers in transportation and transportation infrastructure construction industries, including with respect to the formal connection of the preapprenticeship programs to registered apprenticeship programs; (2) to address barriers to employment (within the meaning of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 (A) individuals who are former offenders (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 (B) individuals with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 (C) individuals that represent populations that are traditionally underrepresented in the workforce; and (3) to encourage a recipient or subrecipient implementing a local or other geographical or economic hiring preference pursuant to subsection (a)(1) to establish, in coordination with nonprofit organizations that represent employees, outreach and support programs that increase diversity within the workforce, including expanded participation from individuals described in subparagraphs (A) through (C) of paragraph (2). (c)  Model Plan Not later than 1 year after the date of submission of the report under subsection (b), the Secretary shall establish, and publish on the website of the Department [of Transportation], a model plan for use by States, units of local government, and private sector entities to address the issues described in that subsection. Highways for Life Pilot Program Pub. L. 10959, title I,  1502 Aug. 10, 2005 119 Stat. 1236  (a)  Establishment. (1)  In general The Secretary [of Transportation] shall establish and implement a pilot program to be known as the Highways for LIFE Pilot Program. (2)  Purpose The purpose of the pilot program shall be to advance longer-lasting highways using innovative technologies and practices to accomplish the fast construction of efficient and safe highways and bridges. (3)  Objectives Under the pilot program, the Secretary shall provide leadership and incentives to demonstrate and promote state-of-the-art technologies, elevated performance standards, and new business practices in the highway construction process that result in improved safety, faster construction, reduced congestion from construction, and improved quality and user satisfaction. (b)  Projects. (1)  Applications To be eligible to participate in the pilot program, a State shall submit to the Secretary [of Transportation] an application that is in such form and contains such information as the Secretary requires. Each application shall contain a description of proposed projects to be carried by the State under the pilot program. (2)  Eligibility A proposed project shall be eligible for assistance under the pilot program if the project (A) constructs, reconstructs, or rehabilitates a route or connection on a Federal-aid highway eligible for assistance under chapter 1 of title 23, United States Code; (B) uses innovative technologies, manufacturing processes, financing, or contracting methods that improve safety, reduce congestion due to construction, and improve quality; and (C) meets additional criteria as determined by the Secretary. (3)  Project proposal A project proposal submitted under paragraph (1) shall contain (A) an identification and description of the projects to be delivered; (B) a description of how the projects will result in improved safety, faster construction, reduced congestion due to construction, user satisfaction, and improved quality; (C) a description of the innovative technologies, manufacturing processes, financing, and contracting methods that will be used for the proposed projects; and (D) such other information as the Secretary may require. (4)  Selection criteria In selecting projects for approval under this section, the Secretary shall ensure that the projects provide an evaluation of a broad range of technologies in a wide variety of project types and shall give priority to the projects that (A) address achieving the Highways for LIFE performance standards for quality, safety, and speed of construction; (B) deliver and deploy innovative technologies, manufacturing processes, financing, contracting practices, and performance measures that will demonstrate substantial improvements in safety, congestion, quality, and cost-effectiveness; (C) include innovation that will lead to change in the administration of the States transportation program to more quickly construct long-lasting, high-quality, cost-effective projects that improve safety and reduce congestion; (D) are or will be ready for construction within 1 year of approval of the project proposal; and (E) meet such other criteria as the Secretary determines appropriate. (5)  Financial assistance. (A)  Funds for highways for life projects Out of amounts made available to carry out this section for a fiscal year, the Secretary may allocate to a State up to 20 percent, but not more than $5,000,000, of the total cost of a project approved under this section. Notwithstanding any other provision of law, funds allocated to a State under this subparagraph may be applied to the non-Federal share of the cost of construction of a project under title 23, United States Code. (B)  Use of apportioned funds A State may obligate not more than 10 percent of the amount apportioned to the State under one or more of [former] paragraphs (1), (2), (3), and (4) of section 104(b) of title 23 (C)  Increased federal share Notwithstanding sections 120 and 129 of title 23, United States Code, the Federal share payable on account of any project constructed with Federal funds allocated under this section, or apportioned under [former] section 104(b) of such title, to a State under such title and approved under this section may amount to 100 percent of the cost of construction of such project. (D)  Limitation on statutory construction Except as provided in subparagraph (C), nothing in this subsection shall be construed as altering or otherwise affecting the applicability of the requirements of chapter 1 of title 23, United States Code (including requirements relating to the eligibility of a project for assistance under the program and the location of the project), to amounts apportioned to a State for a program under [former] section 104(b) that are obligated by the State for projects approved under this subsection. (6)  Project selections In the period of fiscal years 2005 through 2009, the Secretary, to the maximum extent possible, shall approve at least 1 project in each State for participation in the pilot program and for financial assistance under paragraph (5) if the State submits an application and the project meets the eligibility requirements and selection criteria under this subsection. (7)  Maximum number of projects The maximum number of projects for which the Secretary may allocate funds under this subsection in a fiscal year is 15. (c)  Technology Partnerships. (1)  In general The Secretary [of Transportation] may make grants or enter into cooperative agreements or other transactions to foster the development, improvement, and creation of innovative technologies and facilities to improve safety, enhance the speed of highway construction, and improve the quality and durability of highways. (2)  Federal share The Federal share of the cost of an activity carried out under this subsection shall not exceed 80 percent. (d)  Technology Transfer and Information Dissemination. (1)  In general The Secretary [of Transportation] shall conduct a highways for life technology transfer program. (2)  Availability of information The Secretary shall ensure that the information and technology used, developed, or deployed under this subsection is made available to the transportation community and the public. (e)  Stakeholder Input and Involvement The Secretary [of Transportation] shall establish a process for stakeholder input and involvement in the development, implementation, and evaluation of the Highways for LIFE Pilot Program. The process may include participation by representatives of State departments of transportation and other interested persons. (f)  Project Monitoring and Evaluation The Secretary [of Transportation] shall monitor and evaluate the effectiveness of any activity carried out under this section. (g)  Contract Authority Except as otherwise provided in this section, funds authorized to be appropriated to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code. (h)  State Defined In this section, the term State has the meaning such term has in section 101(a) of title 23 Materials Produced by Convict Labor Pub. L. 101162, title II,  202 Nov. 21, 1989 103 Stat. 1002 During fiscal year 1990 and hereafter, materials produced by convict labor may be used in the construction of any highways or portion of highways located on Federal-aid systems, as described in section 103 of title 23 Similar fiscal year provisions were contained in the following appropriation acts: Pub. L. 100459, title II,  202 Oct. 1, 1988 102 Stat. 2199 Pub. L. 100202,  101(a) [title II,  202] Dec. 22, 1987 101 Stat. 1329 Pub. L. 99500,  101(b) [title II,  202] Oct. 18, 1986 100 Stat. 178339 Pub. L. 99591,  101(b) [title II,  202] Oct. 30, 1986 100 Stat. 334139 Pub. L. 99180, title II,  202 Dec. 13, 1985 99 Stat. 1146 Pub. L. 98411, title II,  202 Aug. 30, 1984 98 Stat. 1558 Pub. L. 10017, title I,  112(b)(2) Apr. 2, 1987 101 Stat. 149 Pub. L. 98166, title II,  202 Nov. 28, 1983 97 Stat. 1085 Acceleration of Projects Pub. L. 97424, title I,  129 Jan. 6, 1983 96 Stat. 2118 The Secretary of Transportation shall by rule or regulation establish, as soon as practicable, alternative methods for processing projects under title 23, United States Code, so as to reduce the time required from the request for project approval through the completion of construction. In carrying out this section the Secretary shall utilize the knowledge and experience resulting from the demonstration project authorized by and carried out under section 141 of the Federal-Aid Highway Act of 1976 [ Pub. L. 94280, title I,  141 May 5, 1976 90 Stat. 444 section 124 of this title  115. Advance construction (a)  In General The Secretary may authorize a State to proceed with a project authorized under this title (1) without the use of Federal funds; and (2) in accordance with all procedures and requirements applicable to the project other than those procedures and requirements that limit the State to implementation of a project (A) with the aid of Federal funds previously apportioned or allocated to the State; or (B) with obligation authority previously allocated to the State. (b)  Obligation of Federal Share The Secretary, on the request of a State and execution of a project agreement, may obligate all or a portion of the Federal share of a project authorized to proceed under this section from any category of funds for which the project is eligible. (c)  Inclusion in Transportation Improvement Program The Secretary may approve an application for a project under this section only if the project is included in the transportation improvement program of the State developed under section 135(g). ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 896 Pub. L. 90495,  25(a) Aug. 23, 1968 82 Stat. 828 Pub. L. 93643,  111 Jan. 4, 1975 88 Stat. 2285 Pub. L. 96106,  4 Nov. 9, 1979 93 Stat. 797 Pub. L. 97424, title I,  113 Jan. 6, 1983 96 Stat. 2106 Pub. L. 10017, title I,  113(a) Apr. 2, 1987 101 Stat. 149 Pub. L. 102302,  103 June 22, 1992 106 Stat. 252 Pub. L. 10459, title III,  308 Nov. 28, 1995 109 Stat. 582 Pub. L. 105178, title I l June 9, 1998 112 Stat. 126 Pub. L. 105206, title IX,  9003(a) July 22, 1998 112 Stat. 837 Pub. L. 10959, title I,  1501(a) Aug. 10, 2005 119 Stat. 1235 Pub. L. 110244, title I,  101(j) June 6, 2008 122 Stat. 1574 Pub. L. 11758, div. A, title I,  11525(e) Nov. 15, 2021 135 Stat. 607  Editorial Notes Amendments 2021Subsec. (c). Pub. L. 11758 2008Subsecs. (c), (d). Pub. L. 110244 2005Subsecs. (a), (b). Pub. L. 10959,  1501(a)(2) Subsecs. (c), (d). Pub. L. 10959,  1501(a)(1) 1998Subsec. (a). Pub. L. 105178,  1106(c)(1)(A)(i) Subsec. (a)(1)(A)(i). Pub. L. 105178 Subsec. (b). Pub. L. 105178,  1226(a)(1) Pub. L. 105206,  9003(a) Jan. 1, 1983 Subsec. (b)(1). Pub. L. 105178,  1103 l Subsecs. (c), (d). Pub. L. 105178,  1226(a)(2) Pub. L. 105206,  9003(a) 1995Subsec. (d). Pub. L. 10459 (d) Limitation on Advanced Funding 1992Subsec. (a). Pub. L. 102302,  103(1) Substitute, Congestion Mitigation and Air Quality Improvement, Surface Transportation, Bridge, Planning, and Research Projects Substitute, Urban, Secondary, Bridge, Planning, Research, and Safety Construction Projects. Subsec. (a)(1)(A)(i). Pub. L. 102302,  103(2)(A) section 307 of this title Subsec. (a)(2)(A). Pub. L. 102302,  103(2)(B) Subsec. (a)(3). Pub. L. 102302,  103(2)(C) Limitation with respect to currently authorized funds January 1, 1987 September 30, 1990 Subsec. (b). Pub. L. 102302,  103(3) National Highway System Primary Subsec. (c). Pub. L. 102302,  103(5) Subsec. (d). Pub. L. 102302,  103(6) Limitation on Advanced Funding for Fiscal Years January 1, 1987 September 30, 1990 1987 Pub. L. 10017,  113(d)(1)(A) Subsec. (a). Pub. L. 10017,  113(a) (1) When a State has obligated all funds apportioned or allocated to it under section 103(e)(4), 104, or 144 of this title, other than Interstate funds, and proceeds to construct any highway substitute, Federal-aid system, or bridge project, respectively, other than an Interstate project funded under section 104(b)(5) of this title (A) prior to the construction of the project the Secretary approves the plans and specifications therefor in the same manner as other projects, and (B) the project conforms to the applicable standards adopted under section 109 of this title (2) The Secretary may not approve an application under this section unless an authorization for section 103(e)(4), 104, or 144 of this title, as the case may be, is in effect for the fiscal year for which the application is sought beyond the currently authorized funds for such State. No application may be approved which will exceed the States expected apportionment of such authorizations. Subsec. (b). Pub. L. 10017,  113(b) Subsec. (b)(1). Pub. L. 10017,  113(b) section 104 of this title (A) prior to the construction of the project the Secretary approves the plans and specifications therefor in the same manner as other projects on the Interstate System, and (B) the project conforms to the applicable standards under section 109 of this title Subsec. (b)(2), (3). Pub. L. 10017,  113(d)(1)(B) Subsec. (c). Pub. L. 10017,  113(d)(1)(E) Subsec. (d). Pub. L. 10017,  113(c) 1983Subsec. (a). Pub. L. 97424,  113(c) section 104(b)(5) of this title section 104 of this title section 104 of this title Subsec. (b)(2). Pub. L. 97424,  113(a) Subsec. (b)(3). Pub. L. 97424,  113(b) Subsec. (c). Pub. L. 97424,  113(d) 1979Subsec. (b). Pub. L. 96106 1975Subsec. (a). Pub. L. 93643,  111(a) Subsecs. (b), (c). Pub. L. 93643,  111(b) 1968Subsec. (a). Pub. L. 90495,  25(a) Subsec. (b). Pub. L. 90495,  25(b) section 104 of this title Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 1998 Amendment Title IX of Pub. L. 105206 Pub. L. 105178 Pub. L. 105178 Pub. L. 105178 July 22, 1998 Pub. L. 105206 section 9016 of Pub. L. 105206 section 101 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90495 Aug. 23, 1968 section 37 of Pub. L. 90495 section 101 of this title  116. Maintenance (a)  Definitions In this section, the following definitions apply: (1)  Preventive maintenance The term preventive maintenance includes pavement preservation programs and activities. (2)  Pavement preservation programs and activities The term pavement preservation programs and activities means programs and activities employing a network level, long-term strategy that enhances pavement performance by using an integrated, cost-effective set of practices that extend pavement life, improve safety, and meet road user expectations. (b) It shall be the duty of the State transportation department or other direct recipient to maintain, or cause to be maintained, any project constructed under the provisions of this chapter or constructed under the provisions of prior Acts. (c)  Agreement In any State in which the State transportation department or other direct recipient is without legal authority to maintain a project described in subsection (b), the transportation department or direct recipient shall enter into a formal agreement with the appropriate officials of the county or municipality in which the project is located to provide for the maintenance of the project. (d) If at any time the Secretary shall find that any project constructed under the provisions of this chapter, or constructed under the provisions of prior Acts, is not being properly maintained, he shall call such fact to the attention of the State transportation department or other direct recipient. If, within ninety days after receipt of such notice, such project has not been put in proper condition of maintenance, the Secretary shall withhold approval of further projects of all types in the State highway district, municipality, county, other political or administrative subdivision of the State, or the entire State in which such project is located, whichever the Secretary deems most appropriate, until such project shall have been put in proper condition of maintenance. (e)  Preventive Maintenance A preventive maintenance activity shall be eligible for Federal assistance under this title if the State demonstrates to the satisfaction of the Secretary that the activity is a cost-effective means of extending the useful life of a Federal-aid highway. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 896 Pub. L. 8670,  21(d)(2) June 25, 1959 73 Stat. 145 Pub. L. 90495,  26 Aug. 23, 1968 82 Stat. 829 Pub. L. 95599, title I,  124(d) Nov. 6, 1978 92 Stat. 2705 Pub. L. 97424, title I,  114 Jan. 6, 1983 96 Stat. 2107 Pub. L. 10017, title I,  125(b)(2) Apr. 2, 1987 101 Stat. 167 Pub. L. 10459, title III,  309 Nov. 28, 1995 109 Stat. 582 Pub. L. 105178, title I,  1212(a)(2)(A)(i) June 9, 1998 112 Stat. 193 Pub. L. 10959, title I,  1111(b)(1) Aug. 10, 2005 119 Stat. 1171 Pub. L. 112141, div. A, title I,  1507 July 6, 2012 126 Stat. 565  Editorial Notes Amendments 2012Subsec. (a). Pub. L. 112141,  1507(2) Subsec. (b). Pub. L. 112141,  1507(1) Subsec. (c). Pub. L. 112141,  1507(4) Pub. L. 112141,  1507(1) Subsec. (d). Pub. L. 112141,  1507(1) Subsec. (e). Pub. L. 112141,  1507(1) 2005Subsec. (b). Pub. L. 10959 1998Subsecs. (a) to (c). Pub. L. 105178 1995Subsec. (d). Pub. L. 10459 1987Subsecs. (d), (e). Pub. L. 10017 (d) The Secretary in consultation with the State highway departments and interested and knowledgeable private organizations and individuals shall as soon as possible establish national bridge inspection standards in order to provide for the proper safety inspection of bridges. Such standards shall specify in detail the method by which inspections shall be conducted by the State highway departments, the maximum time lapse between inspections and the qualifications for those charged with the responsibility for carrying out such inspections. Each State shall be required to maintain written reports to be available to the Secretary pursuant to such inspections together with a notation of the action taken pursuant to the findings of such inspections. Each State shall be required to maintain a current inventory of all bridges. (e) The Secretary shall establish in cooperation with the State highway departments a program designed to train appropriate employees of the Federal Government and the State governments to carry out bridge inspections. Such a program shall be revised from time to time in light of new or improved techniques. For the purposes of this section the Secretary may use funds made available pursuant to the provisions of section 104(a) and section 307(a) of this title 1983Subsec. (c). Pub. L. 97424 1978Subsec. (d). Pub. L. 95599 1968Subsecs. (d), (e). Pub. L. 90495 1959Subsec. (a). Pub. L. 8670,  21(e)(3) Subsec. (d). Pub. L. 8670,  21(d)(2) Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90495 Aug. 23, 1968 section 37 of Pub. L. 90495 section 101 of this title Effective Date of 1959 Amendment Amendment by section 21(d)(2) of Pub. L. 8670 July 1, 1959 section 21(d) of Pub. L. 8670 section 103 of this title Amendment by section 21(e)(3) of Pub. L. 8670 July 1, 1959 section 21(e) of Pub. L. 8670 section 101 of this title Pilot Program Pub. L. 11494, div. A, title I,  1424 Dec. 4, 2015 129 Stat. 1425  (a)  In General The Administrator of the Federal Highway Administration (referred to in this section as the Administrator) may establish a pilot program that allows a State to utilize innovative approaches to maintain the right-of-way of Federal-aid highways within the State. (b)  Limitation A pilot program established under subsection (a) shall (1) terminate after not more than 4 years; (2) include not more than 5 States; and (3) be subject to guidelines published by the Administrator. (c)  Report If the Administrator establishes a pilot program under subsection (a), the Administrator shall, not more than 1 year after the completion of the pilot program, 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 results of the pilot program. (d)  Savings Provision Nothing in this section may be construed to affect the requirements of section 111 of title 23 Establishment of Minimum Federal Guidelines for Maintenance; Study by National Academy of Sciences and Report Pub. L. 10017, title I,  163 Apr. 2, 1987 101 Stat. 213  117. Nationally significant multimodal freight and highway projects (a)  Establishment. (1)  In general There is established a nationally significant freight and highway projects program to provide financial assistance for projects of national or regional significance. (2)  Goals The goals of the program shall be to (A) improve the safety, efficiency, and reliability of the movement of freight and people in and across rural and urban areas; (B) generate national or regional economic benefits and an increase in the global economic competitiveness of the United States; (C) reduce highway or freight congestion and bottlenecks; (D) improve connectivity between modes of freight transportation; (E) enhance the resiliency of critical highway or freight infrastructure and help protect the environment; (F) improve roadways vital to national energy security, including highways that support movement of energy equipment; and (G) address the impact of population growth on the movement of people and freight. (b)  Grant Authority. (1)  In general In carrying out the program established in subsection (a), the Secretary may make grants, on a competitive basis, in accordance with this section. (2)  Grant amount Except as otherwise provided, each grant made under this section shall be in an amount that is at least $25,000,000. (3)  Grant administration The Secretary may (A) retain not more than a total of 2 percent of the funds made available to carry out this section for the National Surface Transportation and Innovative Finance Bureau to review applications for grants under this section; and (B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under this section. (c)  Eligible Applicants. (1)  In general The Secretary may make a grant under this section to the following: (A) A State or a group of States. (B) A metropolitan planning organization that serves an urbanized area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals. (C) A unit of local government or a group of local governments. (D) A political subdivision of a State or local government. (E) A special purpose district or public authority with a transportation function, including a port authority. (F) A Federal land management agency that applies jointly with a State or group of States. (G) A tribal government or a consortium of tribal governments. (H) A multistate corridor organization. (I) A multistate or multijurisdictional group of entities described in this paragraph. (2)  Applications To be eligible for a grant under this section, an entity specified in paragraph (1) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines is appropriate. (d)  Eligible Projects. (1)  In general Except as provided in subsection (e), the Secretary may make a grant under this section only for a project that (A) is (i) a highway freight project carried out on the National Highway Freight Network established under section 167; (ii) a highway or bridge project carried out on the National Highway System, including (I) a project to add capacity to the Interstate System to improve mobility; or (II) a project in a national scenic area; (iii) a freight project that is (I) a freight intermodal or freight rail project; or (II) within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation infrastructure project necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility; (iv) a railway-highway grade crossing or grade separation project; (v) a wildlife crossing project; (vi) a surface transportation infrastructure project that (I) is located within the boundaries of or functionally connected to an international border crossing area in the United States; (II) improves a transportation facility owned by a Federal, State, or local government entity; and (III) increases throughput efficiency of the border crossing described in subclause (I), including (aa) a project to add lanes; (bb) a project to add technology; and (cc) other surface transportation improvements; (vii) a project for a marine highway corridor designated by the Secretary under section 55601(c) of title 46 (I) is functionally connected to the National Highway Freight Network; and (II) is likely to reduce on-road mobile source emissions; or (viii) a highway, bridge, or freight project carried out on the National Multimodal Freight Network established under section 70103 of title 49 (B) has eligible project costs that are reasonably anticipated to equal or exceed the lesser of (i) $100,000,000; or (ii) in the case of a project (I) located in 1 State, 30 percent of the amount apportioned under this chapter to the State in the most recently completed fiscal year; or (II) located in more than 1 State, 50 percent of the amount apportioned under this chapter to the participating State with the largest apportionment under this chapter in the most recently completed fiscal year. (2)  Limitation. (A)  In general Not more than 30 percent of the amounts made available for grants under this section for each of fiscal years 2022 through 2026 may be used to make grants for projects described in paragraph (1)(A)(iii) and such a project may only receive a grant under this section if (i) the project will make a significant improvement to freight movements on the National Highway Freight Network; and (ii) the Federal share of the project funds only elements of the project that provide public benefits. (B)  Exclusions The limitation under subparagraph (A) (i) shall not apply to a railway-highway grade crossing or grade separation project; and (ii) with respect to a multimodal project, shall apply only to the non-highway portion or portions of the project. (e)  Small Projects. (1)  In general The Secretary shall reserve not less than 15 percent of the amounts made available for grants under this section each fiscal year to make grants for projects described in subsection (d)(1)(A) that do not satisfy the minimum threshold under subsection (d)(1)(B). (2)  Grant amount Each grant made under this subsection shall be in an amount that is at least $5,000,000. (3)  Project selection considerations In addition to other applicable requirements, in making grants under this subsection the Secretary shall consider (A) the cost effectiveness of the proposed project; (B) the effect of the proposed project on mobility in the State and region in which the project is carried out; and (C) the effect of the proposed project on safety on freight corridors with significant hazards, such as high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades. (4)  Requirement Of the amounts reserved under paragraph (1), not less than 30 percent shall be used for projects in rural areas (as defined in subsection (i)(3)). (f)  Eligible Project Costs Grant amounts received for a project under this section may be used for (1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and (2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation (including a project to replace or rehabilitate a culvert, or to reduce stormwater runoff for the purpose of improving habitat for aquatic species), construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance. (g)  Project Requirements The Secretary may select a project described under this section (other than subsection (e)) for funding under this section only if the Secretary determines that (1) the project will generate national or regional economic, mobility, or safety benefits; (2) the project will be cost effective; (3) the project will contribute to the accomplishment of 1 or more of the national goals described under section 150 of this title (4) the project is based on the results of preliminary engineering; (5) with respect to related non-Federal financial commitments (A) 1 or more stable and dependable sources of funding and financing are available to construct, maintain, and operate the project; and (B) contingency amounts are available to cover unanticipated cost increases; (6) the project cannot be easily and efficiently completed without other Federal funding or financial assistance available to the project sponsor; and (7) the project is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project. (h)  Additional Considerations In making a grant under this section, the Secretary shall consider (1) utilization of nontraditional financing, innovative design and construction techniques, or innovative technologies; (2) utilization of non-Federal contributions; (3) contributions to geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities; (4) enhancement of freight resilience to natural hazards or disasters, including high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades; (5) whether the project will improve the shared transportation corridor of a multistate corridor organization, if applicable; and (6) prioritizing projects located in States in which neither the State nor an eligible entity in that State has been awarded a grant under this section. (i)  Rural Areas. (1)  In general The Secretary shall reserve not less than 25 percent of the amounts made available for grants under this section, including the amounts made available under subsection (e), each fiscal year to make grants for projects located in rural areas. (2)  Excess funding In any fiscal year in which qualified applications for grants under this subsection will not allow for the amount reserved under paragraph (1) to be fully utilized, the Secretary shall use the unutilized amounts to make grants under subsection (e). (3)  Rural area defined In this subsection, the term rural area means an area that is outside an urbanized area with a population of over 200,000. (j)  Federal Assistance. (1)  Federal share. (A)  In general Except as provided in subparagraph (B) or for a grant under subsection (q), the Federal share of the cost of a project assisted with a grant under this section may not exceed 60 percent. (B)  Small projects In the case of a project described in subsection (e)(1), the Federal share of the cost of the project shall be 80 percent. (2)  Maximum federal involvement Except for grants under subsection (q), Federal assistance other than a grant under this section may be used to satisfy the non-Federal share of the cost of a project for which such a grant is made, except that (A) for a State with a population density of not more than 80 persons per square mile of land area, based on the 2010 census, the maximum share of the total Federal assistance provided for a project receiving a grant under this section shall be the applicable share under section 120(b); and (B) for a State not described in subparagraph (A), the total Federal assistance provided for a project receiving a grant under this section may not exceed 80 percent of the total project cost. (3)  Federal land management agencies Notwithstanding any other provision of law, any Federal funds other than those made available under this title or title 49 may be used to pay the non-Federal share of the cost of a project carried out under this section by a Federal land management agency, as described under subsection (c)(1)(F). (k)  Efficient Use of Non-Federal Funds. (1)  In general Notwithstanding any other provision of law and subject to approval by the Secretary under paragraph (2)(B), in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed (A) the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and (B) any non-Federal funds obligated or expended in accordance with subparagraph (A) shall be credited toward the non-Federal cost share for the project for which the grant is provided. (2)  Requirements. (A)  Application In order to obligate and expend non-Federal funds under paragraph (1), the grant recipient shall submit to the Secretary a request to obligate and expend non-Federal funds under that paragraph, including (i) a description of the activities the grant recipient intends to fund; (ii) a justification for advancing the activities described in clause (i), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and (iii) the level of risk of the activities described in clause (i). (B)  Approval The Secretary shall approve or disapprove each request submitted under subparagraph (A). (C)  Compliance with applicable requirements Any non-Federal funds obligated or expended under paragraph (1) shall comply with all applicable requirements, including any requirements included in the grant agreement. (3)  Effect The obligation or expenditure of any non-Federal funds in accordance with this subsection shall not (A) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant; (B) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or (C) affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in paragraph (1). (l)  Treatment of Freight Projects Notwithstanding any other provision of law, a freight project carried out under this section shall be treated as if the project is located on a Federal-aid highway. (m)  TIFIA Program At the request of an eligible applicant under this section, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity Federal credit assistance under chapter 6 with respect to the project for which the grant was awarded. (n)  Congressional Notification. (1)  In general Not later than 60 days before the date on which a grant is provided for a project under this section, the Secretary shall submit to the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the proposed grant, including (A) an evaluation and justification for the applicable project; and (B) a description of the amount of the proposed grant award. (2)  Congressional disapproval The Secretary may not make a grant or any other obligation or commitment to fund a project under this section if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1). (o)  Applicant Notification. (1)  In general Not later than 60 days after the date on which a grant recipient for a project under this section is selected, the Secretary shall provide to each eligible applicant not selected for that grant a written notification that the eligible applicant was not selected. (2)  Inclusion A written notification under paragraph (1) shall include an offer for a written or telephonic debrief by the Secretary that will provide (A) detail on the evaluation of the application of the eligible applicant; and (B) an explanation of and guidance on the reasons the application was not selected for a grant under this section. (3)  Response. (A)  In general Not later than 30 days after the eligible applicant receives a written notification under paragraph (1), if the eligible applicant opts to receive a debrief described in paragraph (2), the eligible applicant shall notify the Secretary that the eligible applicant is requesting a debrief. (B)  Debrief If the eligible applicant submits a request for a debrief under subparagraph (A), the Secretary shall provide the debrief by not later than 60 days after the date on which the Secretary receives the request for a debrief. (p)  Reports. (1)  Annual report. (A)  In general Notwithstanding any other provision of law, not later than 30 days after the date on which the Secretary selects a project for funding under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the reasons for selecting the project, based on any criteria established by the Secretary in accordance with this section. (B)  Inclusions The report submitted under subparagraph (A) shall specify each criterion established by the Secretary that the project meets. (C)  Availability The Secretary shall make available on the website of the Department of Transportation the report submitted under subparagraph (A). (D)  Applicability This paragraph applies to all projects described in subparagraph (A) that the Secretary selects on or after October 1, 2021 (2)  Comptroller general. (A)  Assessment The Comptroller General of the United States shall conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section. (B)  Report Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for each project selected to receive funding under this section (i) the process by which each project was selected; (ii) the factors that went into the selection of each project; and (iii) the justification for the selection of each project based on any criteria established by the Secretary in accordance with this section. (3)  Inspector general Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Inspector General of the Department of Transportation shall (A) conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section; and (B) 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 final report that describes the findings of the Inspector General of the Department of Transportation with respect to the assessment conducted under subparagraph (A). (q)  State Incentives Pilot Program. (1)  Establishment There is established a pilot program to award grants to eligible applicants for projects eligible for grants under this section (referred to in this subsection as the pilot program). (2)  Priority In awarding grants under the pilot program, the Secretary shall give priority to an application that offers a greater non-Federal share of the cost of a project relative to other applications under the pilot program. (3)  Federal share. (A)  In general Notwithstanding any other provision of law, the Federal share of the cost of a project assisted with a grant under the pilot program may not exceed 50 percent. (B)  No federal involvement. (i)  In general For grants awarded under the pilot program, except as provided in clause (ii), an eligible applicant may not use Federal assistance to satisfy the non-Federal share of the cost under subparagraph (A). (ii)  Exception An eligible applicant may use funds from a secured loan (as defined in section 601(a)) to satisfy the non-Federal share of the cost under subparagraph (A) if the loan is repayable from non-Federal funds. (4)  Reservation. (A)  In general Of the amounts made available to provide grants under this section, the Secretary shall reserve for each fiscal year $150,000,000 to provide grants under the pilot program. (B)  Unutilized amounts In any fiscal year during which applications under this subsection are insufficient to effect an award or allocation of the entire amount reserved under subparagraph (A), the Secretary shall use the unutilized amounts to provide other grants under this section. (5)  Set-asides. (A)  Small projects. (i)  In general Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 10 percent for projects eligible for a grant under subsection (e). (ii)  Requirement For a grant awarded from the amount reserved under clause (i) (I) the requirements of subsection (e) shall apply; and (II) the requirements of subsection (g) shall not apply. (B)  Rural projects. (i)  In general Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 25 percent for projects eligible for a grant under subsection (i). (ii)  Requirement For a grant awarded from the amount reserved under clause (i), the requirements of subsection (i) shall apply. (6)  Report to congress Not later than 2 years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the administration of the pilot program, including (A) the number, types, and locations of eligible applicants that have applied for grants under the pilot program; (B) the number, types, and locations of grant recipients under the pilot program; (C) an assessment of whether implementation of the pilot program has incentivized eligible applicants to offer a greater non-Federal share for grants under the pilot program; and (D) any recommendations for modifications to the pilot program. (r)  Multistate Corridor Organization Defined For purposes of this section, the term multistate corridor organization means an organization of a group of States developed through cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project implementation for programs and projects to improve transportation system management and operations for a shared transportation corridor. (s)  Additional Authorization of Appropriations In addition to amounts made available from the Highway Trust Fund, there are authorized to be appropriated to carry out this section, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated (1) $1,000,000,000 for fiscal year 2022; (2) $1,100,000,000 for fiscal year 2023; (3) $1,200,000,000 for fiscal year 2024; (4) $1,300,000,000 for fiscal year 2025; and (5) $1,400,000,000 for fiscal year 2026. (Added Pub. L. 11494, div. A, title I,  1105(a) Dec. 4, 2015 129 Stat. 1332 Pub. L. 116159, div. B, title I,  1102 Oct. 1, 2020 134 Stat. 726 Pub. L. 11758, div. A, title I,  11110(a) Nov. 15, 2021 135 Stat. 468  Editorial Notes  References in Text The date of enactment of the Surface Transportation Reauthorization Act of 2021 and the date of enactment of this subsection, referred to in subsecs. (p)(2)(B), (3) and (q)(6), are the date of enactment of div. A of Pub. L. 11758 Nov. 15, 2021 Prior Provisions A prior section 117, added Pub. L. 105178, title I,  1601(a) June 9, 1998 112 Stat. 255 Pub. L. 106346,  101(a) [title III,  363] Oct. 23, 2000 114 Stat. 1356 Pub. L. 10959, title I,  1701(a) Aug. 10, 2005 119 Stat. 12541256 Pub. L. 110244, title I,  101(k) June 6, 2008 122 Stat. 1574 Pub. L. 112141, div. A, title I,  1519(b)(1)(A) July 6, 2012 126 Stat. 575 Oct. 1, 2012 Another prior section 117, Pub. L. 85767 Aug. 27, 1958 72 Stat. 897 Pub. L. 9387, title I,  116(a) Aug. 13, 1973 87 Stat. 258 Pub. L. 94280, title I,  116 May 5, 1976 90 Stat. 436 Pub. L. 97449,  5(d)(1) Jan. 12, 1983 96 Stat. 2442 Pub. L. 102240, title I,  1016(f)(2) Dec. 18, 1991 105 Stat. 1946 Pub. L. 105178, title I,  1601(a) June 9, 1998 112 Stat. 255 Amendments 2021 Pub. L. 11758,  11110(a)(1) Subsec. (a)(2)(A). Pub. L. 11758,  11110(a)(2)(A) Subsec. (a)(2)(C). Pub. L. 11758,  11110(a)(2)(B) Subsec. (a)(2)(E). Pub. L. 11758,  11110(a)(2)(C) Subsec. (a)(2)(F). Pub. L. 11758,  11110(a)(2)(D) Subsec. (b)(3). Pub. L. 11758,  11110(a)(3) Subsec. (c)(1)(H), (I). Pub. L. 11758,  11110(a)(4) Subsec. (d)(1)(A)(v) to (viii). Pub. L. 11758,  11110(a)(5)(A) Subsec. (d)(2)(A). Pub. L. 11758,  11110(a)(5)(B)(ii) Pub. L. 116159 Pub. L. 11758,  11110(a)(5)(B)(i) Subsec. (e)(1). Pub. L. 11758,  11110(a)(6)(A) Subsec. (e)(3)(C). Pub. L. 11758,  11110(a)(6)(B) Subsec. (e)(4). Pub. L. 11758,  11110(a)(6)(C) Subsec. (f)(2). Pub. L. 11758,  11110(a)(7) Subsec. (h)(4) to (6). Pub. L. 11758,  11110(a)(8) Subsec. (i)(2). Pub. L. 11758,  11110(a)(9) Subsec. (j). Pub. L. 11758,  11110(a)(10)(A) Subsec. (j)(1). Pub. L. 11758,  11110(a)(10)(A) Subsec. (j)(2). Pub. L. 11758,  11110(a)(10)(C) Subsecs. (k) to (n). Pub. L. 11758,  11110(a)(11) l Subsec. (n)(1). Pub. L. 11758,  11110(a)(13) Subsec. ( o Pub. L. 11758,  11110(a)(14) o Subsec. (p). Pub. L. 11758,  11110(a)(11) Subsecs. (q) to (s). Pub. L. 11758,  11110(a)(15) 2020Subsec. (d)(2)(A). Pub. L. 116159 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date Section effective Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Efficient Use of Non-Federal Funds Pub. L. 11758, div. A, title I,  11110(c) Nov. 15, 2021 135 Stat. 475  (1)  In general Notwithstanding any other provision of law, in the case of a grant described in paragraph (2), section 117(k) of title 23 (2)  Grant described A grant referred to in paragraph (1) is a grant that is (A) provided under a competitive discretionary grant program administered by the Federal Highway Administration; (B) for a project eligible under title 23, United States Code; and (C) in an amount greater than $5,000,000.  118. Availability of funds (a)  Date Available for Obligation Except as otherwise specifically provided, authorizations from the Highway Trust Fund (other than the Mass Transit Account) to carry out this title shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first. (b)  Period of Availability Except as otherwise specifically provided, funds apportioned or allocated pursuant to this title in a State shall remain available for obligation in that State for a period of 3 years after the last day of the fiscal year for which the funds are authorized. Any amounts so apportioned or allocated that remain unobligated at the end of that period shall lapse. (c)  Obligation and Release of Funds. (1)  In general Funds apportioned or allocated to a State for a purpose for any fiscal year shall be considered to be obligated if a sum equal to the total of the funds apportioned or allocated to the State for that purpose for that fiscal year and previous fiscal years is obligated. (2)  Released funds Any funds released by the final payment for a project, or by modifying the project agreement for a project, shall be (A) credited to the same class of funds previously apportioned or allocated to the State for the project; and (B) immediately available for obligation. (3)  Net obligations Notwithstanding any other provision of law (including a regulation), obligations recorded against funds made available under this subsection shall be recorded and reported as net obligations. (d) Funds made available to the State of Alaska and the Commonwealth of Puerto Rico under this title may be expended for construction of access and development roads that will serve resource development, recreational, residential, commercial, industrial, or other like purposes. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 897 Pub. L. 89574,  7(a) Sept. 13, 1966 80 Stat. 768 Pub. L. 94280, title I,  117(a) May 5, 1976 90 Stat. 436 Pub. L. 95599, title I,  115(a) Nov. 6, 1978 92 Stat. 2697 Pub. L. 96106,  5(a) Nov. 9, 1979 93 Stat. 797 Pub. L. 97424, title I,  115 Jan. 6, 1983 96 Stat. 2107 Pub. L. 10017, title I Apr. 2, 1987 101 Stat. 150153 Pub. L. 102240, title I,  1020 Dec. 18, 1991 105 Stat. 1948 Pub. L. 102388, title IV,  409 Oct. 6, 1992 106 Stat. 1565 Pub. L. 105178, title I June 9, 1998 112 Stat. 136 Pub. L. 105206, title IX,  9003(a) July 22, 1998 112 Stat. 837 Pub. L. 10959, title I Aug. 10, 2005 119 Stat. 1171 Pub. L. 112141, div. A, title I,  1519(b)(1)(B) July 6, 2012 126 Stat. 575 Pub. L. 11494, div. A, title I,  1446(d)(5)(B) Dec. 4, 2015 129 Stat. 1438  Editorial Notes Amendments 2015Subsec. (b). Pub. L. 11494 Pub. L. 112141,  1519(c) 2012Subsec. (b). Pub. L. 112141,  1519(c)(4) Pub. L. 11494,  1446(d)(5)(B) Other funds Subsecs. (c) to (e). Pub. L. 112141,  1519(b)(1)(B) 2005Subsec. (c)(1). Pub. L. 10959,  1111(a) Subsec. (d). Pub. L. 10959,  1501(b) 1998Subsec. (b). Pub. L. 105178,  1226(b)(1) Pub. L. 105206,  9003(a) Subsec. (c). Pub. L. 105178,  1107(b) Subsec. (d). Pub. L. 105178,  1106(c)(1)(B) Pub. L. 105178,  1226(b)(2) section 103(e)(4) of this title Subsec. (e). Pub. L. 105178,  1106(c)(1)(B)(ii) Pub. L. 105178,  1226(b)(2) Pub. L. 105178,  1226(b)(2) Pub. L. 105226,  9003(a) Pub. L. 105178,  1106(c)(1)(B)(ii) section 104 of this title Subsec. (f). Pub. L. 105178,  1106(c)(1)(B)(ii) 1992Subsec. (b)(1). Pub. L. 102388 October 1, 1989 October 1, 1989 1991Subsec. (a). Pub. L. 102240,  1020(a) Subsec. (b). Pub. L. 102240,  1020(a) Subsec. (c)(1). Pub. L. 102240,  1020(b)(1) Subsec. (c)(2). Pub. L. 102240,  1020(b)(3) Set aside for 4r projects section 104(b)(5)(B) of this title Subsec. (d). Pub. L. 102240,  1020(c) Subsec. (f). Pub. L. 102240,  1020(d) 1987 Pub. L. 10017,  114(e)(2) Subsec. (b). Pub. L. 10017,  114(e)(3)(A) Subsec. (b)(1). Pub. L. 10017,  114(e)(3)(B) Subsec. (b)(2). Pub. L. 10017,  114(a) Subsec. (b)(3). Pub. L. 10017,  114(c) Subsec. (b)(4). Pub. L. 10017,  114(e)(3)(C) Subsec. (c). Pub. L. 10017,  114(b) Subsec. (f). Pub. L. 10017,  115 1983Subsec. (b). Pub. L. 97424,  115(a) Subsecs. (c) to (f). Pub. L. 97424,  115(b) 1979Subsec. (b). Pub. L. 96106 1978Subsec. (b). Pub. L. 95599 1976Subsec. (b). Pub. L. 94280 section 104(b)(5)(A) of this title section 104(b)(4)(B) of this title section 104(b)(5) of this title 1966Subsec. (d). Pub. L. 89574 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Pub. L. 11494, div. A, title I,  1446(d) Dec. 4, 2015 129 Stat. 1438 July 6, 2012 Pub. L. 112141 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1998 Amendment Title IX of Pub. L. 105206 Pub. L. 105178 Pub. L. 105178 Pub. L. 105178 July 22, 1998 Pub. L. 105206 section 9016 of Pub. L. 105206 section 101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Effective Date of 1979 Amendment Pub. L. 96106,  5(b) Nov. 9, 1979 93 Stat. 797 The amendment made by subsection (a) of this section [amending this section] shall apply to all amounts apportioned under [former] section 104(b)(5)(B) of title 23 Use of Excess Funds and Funds for Inactive Projects Pub. L. 10959, title I,  1603 Aug. 10, 2005 119 Stat. 1248  (a)  Definitions In this section, the following definitions apply: (1)  Eligible funds. (A)  In general The term eligible funds means excess funds or inactive funds for a specific transportation project or activity that were (i) allocated before fiscal year 1991; and (ii) designated in a public law, or a report accompanying a public law, for allocation for the specific surface transportation project or activity. (B)  Inclusion The term eligible funds includes funds described in subparagraph (A) that were allocated and designated for a demonstration project. (2)  Excess funds The term excess funds means (A) funds obligated for a specific transportation project or activity that remain available for the project or activity after the project or activity has been completed or canceled; or (B) an unobligated balance of funds allocated for a transportation project or activity that the State in which the project or activity was to be carried out certifies are no longer needed for the project or activity. (3)  Inactive funds The term inactive funds means (A) an obligated balance of Federal funds for an eligible transportation project or activity against which no expenditures have been charged during any 1-year period beginning after the date of obligation of the funds; and (B) funds that are available to carry out a transportation project or activity in a State, but, as certified by the State, are unlikely to be advanced for the project or activity during the 1-year period beginning on the date of certification. (b)  Availability for STP Purposes Eligible funds shall be (1) made available in accordance with this section to the State that originally received the funds; and (2) available for obligation for any eligible purpose under section 133 of title 23 (c)  Retention for Original Purpose. (1)  In general The Secretary [of Transportation] may determine that eligible funds identified as inactive funds shall remain available for the purpose for which the funds were initially made available if the applicable State certifies that the funds are necessary for that initial purpose. (2)  Report A certification provided by a State under paragraph (1) shall include a report on the status of, and an estimated completion date for, the project that is the subject of the certification. (d)  Authority to Obligate Notwithstanding the original source or period of availability of eligible funds, the Secretary [of Transportation] may, on the request by a State (1) obligate the funds for any eligible purpose under section 133 of title 23 (2) (A) deobligate the funds; and (B) reobligate the funds for any eligible purpose under that section. (e)  Applicability. (1)  In general Subject to paragraph (2), this section applies only to eligible funds. (2)  Discretionary allocations; section 125 projects This section does not apply to funds that are (A) allocated at the discretion of the Secretary [of Transportation] and for which the Secretary has the authority to withdraw the allocation for use on other projects; or (B) made available to carry out projects under section 125 of title 23 (f)  Period of Availability; Title Requirements. (1)  In general Notwithstanding the original source or period of availability of eligible funds obligated, or deobligated and reobligated, under subsection (d), the eligible funds (A) shall remain available for obligation for a period of 3 fiscal years after the fiscal year in which this Act is enacted; and (B) except as provided in paragraph (2), shall be subject to the requirements of title 23, United States Code, that apply to section 133 of that title, including provisions relating to Federal share. (2)  Exception With respect to eligible funds described in paragraph (1) (A)  section 133(d) of title 23 (B) the period of availability of the eligible funds shall be determined in accordance with this section. (g)  Report Not later than 1 year after the date of enactment of this Act [ Aug. 10, 2005 (h)  Sense of Congress Regarding Use of Eligible Funds It is the sense of Congress that eligible funds made available under this Act [see Tables for classification] or title 23, United States Code, should be available for obligation for transportation projects and activities in the same geographic region for which the eligible funds were initially made available.  119. National highway performance program (a)  Establishment The Secretary shall establish and implement a national highway performance program under this section. (b)  Purposes The purposes of the national highway performance program shall be (1) to provide support for the condition and performance of the National Highway System; (2) to provide support for the construction of new facilities on the National Highway System; (3) to ensure that investments of Federal-aid funds in highway construction are directed to support progress toward the achievement of performance targets established in an asset management plan of a State for the National Highway System; and (4) to provide support for activities to increase the resiliency of the National Highway System to mitigate the cost of damages from sea level rise, extreme weather events, flooding, wildfires, or other natural disasters. (c)  Eligible Facilities Except as provided in subsection (d), to be eligible for funding apportioned under section 104(b)(1) to carry out this section, a facility shall be located on the National Highway System, as defined in section 103. (d)  Eligible Projects Funds apportioned to a State to carry out the national highway performance program may be obligated only for a project on an eligible facility that is (1) (A) a project or part of a program of projects supporting progress toward the achievement of national performance goals for improving infrastructure condition, safety, congestion reduction, system reliability, or freight movement on the National Highway System; and (B) consistent with sections 134 and 135; and (2) for 1 or more of the following purposes: (A) Construction, reconstruction, resurfacing, restoration, rehabilitation, preservation, or operational improvement of segments of the National Highway System. (B) Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) of bridges on the National Highway System. (C) Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including impact protection measures, security countermeasures, and protection against extreme events) of tunnels on the National Highway System. (D) Inspection and evaluation, as described in section 144, of bridges and tunnels on the National Highway System, and inspection and evaluation of other highway infrastructure assets on the National Highway System, including signs and sign structures, earth retaining walls, and drainage structures. (E) Training of bridge and tunnel inspectors, as described in section 144. (F) Construction, rehabilitation, or replacement of existing ferry boats and ferry boat facilities, including approaches, that connect road segments of the National Highway System. (G) Construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, and operational improvements for, a Federal-aid highway not on the National Highway System, and construction of a transit project eligible for assistance under chapter 53 of title 49, if (i) the highway project or transit project is in the same corridor as, and in proximity to, a fully access-controlled highway designated as a part of the National Highway System; (ii) the construction or improvements will reduce delays or produce travel time savings on the fully access-controlled highway described in clause (i) and improve regional traffic flow; and (iii) the construction or improvements are more cost-effective, as determined by benefit-cost analysis, than an improvement to the fully access-controlled highway described in clause (i). (H) Bicycle transportation and pedestrian walkways in accordance with section 217. (I) Highway safety improvements for segments of the National Highway System. (J) Capital and operating costs for traffic and traveler information monitoring, management, and control facilities and programs. (K) Development and implementation of a State asset management plan for the National Highway System in accordance with this section, including data collection, maintenance, and integration and the cost associated with obtaining, updating, and licensing software and equipment required for risk-based asset management and performance-based management. (L) Infrastructure-based intelligent transportation systems capital improvements, including the installation of vehicle-to-infrastructure communication equipment. (M) Environmental restoration and pollution abatement in accordance with section 328. (N) Control of noxious weeds and aquatic noxious weeds and establishment of native species in accordance with section 329. (O) Environmental mitigation efforts related to projects funded under this section, as described in subsection (g). (P) Construction of publicly owned intracity or intercity bus terminals servicing the National Highway System. (Q) Undergrounding public utility infrastructure carried out in conjunction with a project otherwise eligible under this section. (R) Resiliency improvements on the National Highway System, including protective features described in subsection (k)(2). (S) Implement activities to protect segments of the National Highway System from cybersecurity threats. (e)  State Performance Management. (1)  In general A State shall develop a risk-based asset management plan for the National Highway System to improve or preserve the condition of the assets and the performance of the system. (2)  Performance driven plan A State asset management plan shall include strategies leading to a program of projects that would make progress toward achievement of the State targets for asset condition and performance of the National Highway System in accordance with section 150(d) and supporting the progress toward the achievement of the national goals identified in section 150(b). (3)  Scope In developing a risk-based asset management plan, the Secretary shall encourage States to include all infrastructure assets within the right-of-way corridor in such plan. (4)  Plan contents A State asset management plan shall, at a minimum, be in a form that the Secretary determines to be appropriate and include (A) a summary listing of the pavement and bridge assets on the National Highway System in the State, including a description of the condition of those assets; (B) asset management objectives and measures; (C) performance gap identification; (D) lifecycle cost and risk management analyses, both of which shall take into consideration extreme weather and resilience; (E) a financial plan; and (F) investment strategies. (5)  Requirement for plan. (A)  In general Notwithstanding section 120, each fiscal year, if the Secretary determines that a State has not developed and implemented a State asset management plan consistent with this section, the Federal share payable on account of any project or activity for which funds are obligated by the State in that fiscal year under this section shall be 65 percent. (B)  Determination The Secretary shall make the determination under subparagraph (A) for a fiscal year not later than the day before the beginning of such fiscal year. (6)  Certification of plan development process. (A)  In general Not later than 90 days after the date on which a State submits a request for approval of the process used by the State to develop the State asset management plan for the National Highway System, the Secretary shall (i) review the process; and (ii) (I) certify that the process meets the requirements established by the Secretary; or (II) deny certification and specify actions necessary for the State to take to correct deficiencies in the State process. (B)  Recertification Not less frequently than once every 4 years, the Secretary shall review and recertify that the process used by a State to develop and maintain the State asset management plan for the National Highway System meets the requirements for the process, as established by the Secretary. (C)  Opportunity to cure If the Secretary denies certification under subparagraph (A), the Secretary shall provide the State with (i) not less than 90 days to cure the deficiencies of the plan, during which time period all penalties and other legal impacts of a denial of certification shall be stayed; and (ii) a written statement of the specific actions the Secretary determines to be necessary for the State to cure the plan. (7)  Performance achievement A State that does not achieve or make significant progress toward achieving the targets of the State for performance measures described in section 150(d) for the National Highway System shall include as part of the performance target report under section 150(e) a description of the actions the State will undertake to achieve the targets. (8)  Process Not later than 18 months after the date of enactment of the MAP21, the Secretary shall, by regulation and in consultation with State departments of transportation, establish the process to develop the State asset management plan described in paragraph (1). (f)  Interstate System and NHS Bridge Conditions. (1)  Condition of interstate system. (A)  Penalty If a State reports that the condition of the Interstate System, excluding bridges on the Interstate System, has fallen below the minimum condition level established by the Secretary under section 150(c)(3), the State shall be required, during the following fiscal year (i) to obligate, from the amounts apportioned to the State under section 104(b)(1), an amount that is not less than the amount of funds apportioned to the State for fiscal year 2009 under the Interstate maintenance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP21), except that for each year after fiscal year 2013, the amount required to be obligated under this clause shall be increased by 2 percent over the amount required to be obligated in the previous fiscal year; and (ii) to transfer, from the amounts apportioned to the State under section 104(b)(2) (other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d)) to the apportionment of the State under section 104(b)(1), an amount equal to 10 percent of the amount of funds apportioned to the State for fiscal year 2009 under the Interstate maintenance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP21). (B)  Restoration The obligation requirement for the Interstate System in a State required by subparagraph (A) for a fiscal year shall remain in effect for each subsequent fiscal year until such time as the condition of the Interstate System in the State exceeds the minimum condition level established by the Secretary. (2)  Condition of nhs bridges. (A)  Penalty If the Secretary determines that, for the 3-year-period preceding the date of the determination, more than 10 percent of the total deck area of bridges in the State on the National Highway System is located on bridges that have been classified as in poor condition, an amount equal to 50 percent of funds apportioned to such State for fiscal year 2009 to carry out section 144 (as in effect the day before enactment of MAP21) shall be set aside from amounts apportioned to a State for a fiscal year under section 104(b)(1) only for eligible projects on bridges on the National Highway System. (B)  Restoration The set-aside requirement for bridges on the National Highway System in a State under subparagraph (A) for a fiscal year shall remain in effect for each subsequent fiscal year until such time as less than 10 percent of the total deck area of bridges in the State on the National Highway System is located on bridges that have been classified as in poor condition, as determined by the Secretary. (g)  Environmental Mitigation. (1)  Eligible activities In accordance with all applicable Federal law (including regulations), environmental mitigation efforts referred to in subsection (d)(2)(O) include participation in natural habitat and wetlands mitigation efforts relating to projects funded under this title, which may include (A) participation in mitigation banking or other third-party mitigation arrangements, such as (i) the purchase of credits from commercial mitigation banks; (ii) the establishment and management of agency-sponsored mitigation banks; and (iii) the purchase of credits or establishment of in-lieu fee mitigation programs; (B) contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands; and (C) the development of statewide and regional environmental protection plans, including natural habitat and wetland conservation and restoration plans. (2)  Inclusion of other activities The banks, efforts, and plans described in paragraph (1) include any such banks, efforts, and plans developed in accordance with applicable law (including regulations). (3)  Terms and conditions The following terms and conditions apply to natural habitat and wetlands mitigation efforts under this subsection: (A) Contributions to the mitigation effort may (i) take place concurrent with, or in advance of, commitment of funding under this title to a project or projects; and (ii) occur in advance of project construction only if the efforts are consistent with all applicable requirements of Federal law (including regulations) and State transportation planning processes. (B) Credits from any agency-sponsored mitigation bank that are attributable to funding under this section may be used only for projects funded under this title, unless the agency pays to the Secretary an amount equal to the Federal funds attributable to the mitigation bank credits the agency uses for purposes other than mitigation of a project funded under this title. (4)  Preference At the discretion of the project sponsor, preference shall be given, to the maximum extent practicable, to mitigating an environmental impact through the use of a mitigation bank, in-lieu fee, or other third-party mitigation arrangement, if the use of credits from the mitigation bank or in-lieu fee, or the other third-party mitigation arrangement for the project, is approved by the applicable Federal agency. (h)  TIFIA Program Upon Secretarial approval of credit assistance under chapter 6, the Secretary, at the request of a State, may allow the State to use funds apportioned under section 104(b)(1) to pay subsidy and administrative costs necessary to provide an eligible entity Federal credit assistance under chapter 6 with respect to a project eligible for assistance under this section. (i)  Additional Funding Eligibility for Certain Bridges. (1)  In general Funds apportioned to a State to carry out the national highway performance program may be obligated for a project for the reconstruction, resurfacing, restoration, rehabilitation, or preservation of a bridge not on the National Highway System, if the bridge is on a Federal-aid highway. (2)  Limitation A State required to make obligations under subsection (f) shall ensure such requirements are satisfied in order to use the flexibility under paragraph (1). (j)  Critical Infrastructure. (1)  Critical infrastructure defined In this subsection, the term critical infrastructure means those facilities the incapacity or failure of which would have a debilitating impact on national or regional economic security, national or regional energy security, national or regional public health or safety, or any combination of those matters. (2)  Consideration The asset management plan of a State may include consideration of critical infrastructure from among those facilities in the State that are eligible under subsection (c). (3)  Risk reduction A State may use funds apportioned under this section for projects intended to reduce the risk of failure of critical infrastructure in the State. (k)  Protective Features. (1)  In general A State may use not more than 15 percent of the funds apportioned to the State under section 104(b)(1) for each fiscal year for 1 or more protective features on a Federal-aid highway or bridge not on the National Highway System, if the protective feature is designed to mitigate the risk of recurring damage or the cost of future repairs from extreme weather events, flooding, or other natural disasters. (2)  Protective features described A protective feature referred to in paragraph (1) includes (A) raising roadway grades; (B) relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas; (C) stabilizing slide areas; (D) stabilizing slopes; (E) lengthening or raising bridges to increase waterway openings; (F) increasing the size or number of drainage structures; (G) replacing culverts with bridges or upsizing culverts; (H) installing seismic retrofits on bridges; (I) adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes; and (J) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events, flooding, or other natural disasters. (3)  Savings provision Nothing in this subsection limits the ability of a State to carry out a project otherwise eligible under subsection (d) using funds apportioned under section 104(b)(1). (Added Pub. L. 95599, title I,  116(a) Nov. 6, 1978 92 Stat. 2698 Pub. L. 96106,  18 Nov. 9, 1979 93 Stat. 799 Pub. L. 97134 Dec. 29, 1981 95 Stat. 1701 Pub. L. 97424, title I,  116(a)(1) Jan. 6, 1983 96 Stat. 2109 Pub. L. 98229,  8(b) Mar. 9, 1984 98 Stat. 56 Pub. L. 99190,  101(e) [title III,  327] Dec. 19, 1985 99 Stat. 1267 Pub. L. 10017, title I,  116(a) Apr. 2, 1987 101 Stat. 154 Pub. L. 100202,  101 l Dec. 22, 1987 101 Stat. 1329358 Pub. L. 102240, title I,  1009(a) Dec. 18, 1991 105 Stat. 1933 Pub. L. 105178, title I,  1107(a) June 9, 1998 112 Stat. 137 Pub. L. 105206, title IX,  9002(f) July 22, 1998 112 Stat. 836 Pub. L. 112141, div. A, title I,  1106(a) July 6, 2012 126 Stat. 432 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1337 Pub. L. 11694, div. H, title I,  129A Dec. 20, 2019 133 Stat. 2953 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 457  Editorial Notes  References in Text The date of enactment of the MAP21, referred to in subsecs. (e)(8) and (f)(1)(A), is deemed to be Oct. 1, 2012 Pub. L. 112141 section 101 of this title Section 144 (as in effect the day before enactment of MAP21), referred to in subsec. (f)(2)(A), means section 144 of this title Pub. L. 112141 Pub. L. 112141 Prior Provisions A prior section 119, Pub. L. 85767 Aug. 27, 1958 72 Stat. 899 Pub. L. 8670,  21(d)(3) June 25, 1959 73 Stat. 145 July 1, 1959 Amendments 2021Subsec. (b)(4). Pub. L. 11758,  11105(1) Subsec. (d)(2)(Q) to (S). Pub. L. 11758,  11105(2) Subsec. (e)(4)(D). Pub. L. 11758,  11105(3) Subsec. (f)(2). Pub. L. 11758,  11524(a) Subsec. (k). Pub. L. 11758,  11105(4) 2019Subsec. (e)(5). Pub. L. 11694 2015Subsec. (d)(1)(A). Pub. L. 11494,  1446(a)(1) Subsec. (d)(2)(L). Pub. L. 11494,  1407(a) Subsec. (e)(7). Pub. L. 11494,  1406(a)(1) Subsec. (f)(1)(A). Pub. L. 11494,  1406(a)(2) Subsecs. (h) to (j). Pub. L. 11494,  1106 2012 Pub. L. 112141 1998Subsec. (a). Pub. L. 105178,  1107(a)(1) section 104(b)(5)(B) of this title Subsec. (b). Pub. L. 105178,  1107(d)(1) Pub. L. 105206,  9002(f) Pub. L. 105178,  1107(a)(2) section 109(m) of this title section 104 of this title Subsec. (c). Pub. L. 105178,  1107(d)(2) Pub. L. 105206,  9002(f) Pub. L. 105178,  1107(a)(2) Subsec. (d). Pub. L. 105178,  1107(a)(3) Subsec. (e). Pub. L. 105178,  1107(a)(2) Subsecs. (f), (g). Pub. L. 105178,  1107(a)(3) 1991 Pub. L. 102240,  1009(e)(1) Subsec. (a). Pub. L. 102240,  1009(e)(5)(A) section 120(c) of this title Subsec. (c). Pub. L. 102240,  1009(e)(3) Subsec. (e). Pub. L. 102240,  1009(e)(4) Subsec. (f). Pub. L. 102240,  1009(e)(5)(C) Subsec. (f)(1). Pub. L. 102240,  1009(b) Subsec. (f)(2). Pub. L. 102240,  1009(e)(5)(E) Subsec. (g). Pub. L. 102240,  1009(a) 1987Subsec. (a). Pub. L. 10017,  116(c)(1) Subsec. (d). Pub. L. 10017,  116(a) section 104 of this title section 104 of this title Subsec. (e). Pub. L. 10017,  116(b) Subsec. (f). Pub. L. 100202 Pub. L. 10017,  116(b) 1985Subsec. (d). Pub. L. 99190 1984Subsec. (a). Pub. L. 98229 Mar. 9, 1984 Jan. 6, 1983 section 139(a) of this title section 103(e)(4) of this title section 120(c) of this title section 120(a) of this title Dec. 29, 1981 section 120(c) of this title 1983Subsec. (a). Pub. L. 97424,  116(a)(1) Jan. 6, 1983 section 139(a) of this title section 103(e)(4) of this title Pub. L. 97424,  116(a)(2) section 120(c) of this title Subsecs. (b), (c). Pub. L. 97424,  116(b) Subsec. (d). Pub. L. 97424,  116(c) 1981Subsec. (a). Pub. L. 97134 Dec. 29, 1981 section 104(b)(5)(B) of this title section 120(c) of this title Subsec. (b). Pub. L. 97134,  6(b) 1979Subsec. (b). Pub. L. 96106 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1998 Amendment Title IX of Pub. L. 105206 Pub. L. 105178 Pub. L. 105178 Pub. L. 105178 July 22, 1998 Pub. L. 105206 section 9016 of Pub. L. 105206 section 101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Transition Period Pub. L. 112141, div. A, title I,  1106(b) July 6, 2012 126 Stat. 437  (1)  In general Except as provided in paragraph (2), until such date as a State has in effect an approved asset management plan and has established performance targets as described in sections 119 and 150 of title 23, United States Code, that will contribute to achieving the national goals for the condition and performance of the National Highway System, but not later than 18 months after the date on which the Secretary [of Transportation] promulgates the final regulation required under section 150(c) of that title, the Secretary shall approve obligations of funds apportioned to a State to carry out the national highway performance program under section 119 of that title, for projects that otherwise meet the requirements of that section. (2)  Extension The Secretary may extend the transition period for a State under paragraph (1) if the Secretary determines that the State has made a good faith effort to establish an asset management plan and performance targets referred to in that paragraph. Interstate Needs Study Pub. L. 105178, title I,  1107(c) June 9, 1998 112 Stat. 138 Jan. 1, 2000 Guidance to States Pub. L. 102240, title I,  1009(c) Dec. 18, 1991 105 Stat. 1933 Innovative Technologies Pub. L. 97424, title I,  142 Jan. 6, 1983 96 Stat. 2128 Sept. 30, 1985  120. Federal share payable (a)  Interstate System Projects. (1)  In general Except as otherwise provided in this chapter, the Federal share payable on account of any project on the Interstate System (including a project to add high occupancy vehicle lanes and a project to add auxiliary lanes but excluding a project to add any other lanes) shall be 90 percent of the total cost thereof, plus a percentage of the remaining 10 percent of such cost in any State containing unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal, exceeding 5 percent of the total area of all lands therein, equal to the percentage that the area of such lands in such State is of its total area; except that such Federal share payable on any project in any State shall not exceed 95 percent of the total cost of such project. (2)  State-determined lower federal share In the case of any project subject to paragraph (1), a State may determine a lower Federal share than the Federal share determined under such paragraph. (b)  Other Projects Except as otherwise provided in this title, the Federal share payable on account of any project or activity carried out under this title (other than a project subject to subsection (a)) shall be (1) 80 percent of the cost thereof, except that in the case of any State containing nontaxable Indian lands, individual and tribal, and public domain lands (both reserved and unreserved) exclusive of national forests and national parks and monuments, exceeding 5 percent of the total area of all lands therein, the Federal share, for purposes of this chapter, shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State, is of its total area; or (2) 80 percent of the cost thereof, except that in the case of any State containing nontaxable Indian lands, individual and tribal, public domain lands (both reserved and unreserved), national forests, and national parks and monuments, the Federal share, for purposes of this chapter, shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State is of its total area; except that the Federal share payable on any project in a State shall not exceed 95 percent of the total cost of any such project. In any case where a State elects to have the Federal share provided in paragraph (2) of this subsection, the State must enter into an agreement with the Secretary covering a period of not less than 1 year, requiring such State to use solely for purposes eligible for assistance under this title (other than paying its share of projects approved under this title) during the period covered by such agreement the difference between the States share as provided in paragraph (2) and what its share would be if it elected to pay the share provided in paragraph (1) for all projects subject to such agreement. In the case of any project subject to this subsection, a State may determine a lower Federal share than the Federal share determined under the preceding sentences of this subsection. (c)  Increased Federal Share (1)  Certain safety projects The Federal share payable on account of any project for traffic control signalization, maintaining minimum levels of retroreflectivity of highway signs or pavement markings, traffic circles (also known as roundabouts), safety rest areas, pavement marking, shoulder and centerline rumble strips and stripes, commuter carpooling and vanpooling, rail-highway crossing closure, or installation of traffic signs, traffic lights, guardrails, impact attenuators, concrete barrier endtreatments, breakaway utility poles, vehicle-to-infrastructure communication equipment, or priority control systems for emergency vehicles or transit vehicles at signalized intersections may amount to 100 percent of the cost of construction of such projects; except that not more than 10 percent of all sums apportioned for all the Federal-aid programs for any fiscal year in accordance with section 104 of this title (2) CMAQ projects The Federal share payable on account of a project or program carried out under section 149 with funds obligated in fiscal year 2008 or 2009, or both, shall be not less than 80 percent and, at the discretion of the State, may be up to 100 percent of the cost thereof. (3)  Innovative project delivery. (A)  In general Except as provided in subparagraph (C), the Federal share payable on account of a project, program, or activity carried out with funds apportioned under paragraph (1), (2), (5)(D), or (6) of section 104(b) may, at the discretion of the State, be up to 100 percent for any such project, program, or activity that the Secretary determines (i) contains innovative project delivery methods that improve work zone safety for motorists or workers and the quality of the facility; (ii) contains innovative technologies, engineering or design approaches, manufacturing processes, financing, or contracting or project delivery methods that improve the quality of, extend the service life of, or decrease the long-term costs of maintaining highways and bridges; (iii) accelerates project delivery while complying with other applicable Federal laws (including regulations) and not causing any significant adverse environmental impact; or (iv) reduces congestion related to highway construction. (B)  Examples Projects, programs, and activities described in subparagraph (A) may include the use of (i) prefabricated bridge elements and systems and other technologies to reduce bridge construction time; (ii) innovative construction equipment, materials, or techniques, including the use of in-place recycling technology and digital 3-dimensional modeling technologies; (iii) innovative contracting methods, including the design-build and the construction manager-general contractor contracting methods and alternative bidding; (iv) intelligent compaction equipment; (v) innovative pavement materials that have a demonstrated life cycle of 75 or more years, are manufactured with reduced greenhouse gas emissions, and reduce construction-related congestion by rapidly curing; (vi) contractual provisions that provide safety contingency funds to incorporate safety enhancements to work zones prior to or during roadway construction activities; or (vii) contractual provisions that offer a contractor an incentive payment for early completion of the project, program, or activity, subject to the condition that the incentives are accounted for in the financial plan of the project, when applicable. (C)  Limitations. (i)  In general In each fiscal year, a State may use the authority under subparagraph (A) for up to 10 percent of the combined apportionments of the State under paragraphs (1), (2), (5)(D), and (6) of section 104(b). (ii)  Federal share increase The Federal share payable on account of a project, program, or activity described in subparagraph (A) may be increased by up to 5 percent of the total project cost. (4)  Pooled funding Notwithstanding any other provision of law, the Secretary may waive the non-Federal share of the cost of a project or activity under section 502(b)(6) that is carried out with amounts apportioned under section 104(b)(2) after considering appropriate factors, including whether (A) decreasing or eliminating the non-Federal share would best serve the interests of the Federal-aid highway program; and (B) the project or activity addresses national or regional high priority research, development, and technology transfer problems in a manner that would benefit multiple States or metropolitan planning organizations. (d) The Secretary may rely on a statement from the Secretary of the Interior as to the area of the lands referred to in subsections (a) and (b) of this section. The Secretary of the Interior is authorized and directed to provide such statement annually. (e)  Emergency Relief The Federal share payable for any repair or reconstruction provided for by funds made available under section 125 for any project on a Federal-aid highway, including the Interstate System, shall not exceed the Federal share payable on a project on the system as provided in subsections (a) and (b), except that (1) the Federal share payable for eligible emergency repairs to minimize damage, protect facilities, or restore essential traffic accomplished within 270 days after the actual occurrence of the natural disaster or catastrophic failure may amount to 100 percent of the cost of the repairs; (2) the Federal share payable for any repair or reconstruction of Federal land transportation facilities, other Federally owned roads that are open to public travel, and tribal transportation facilities may amount to 100 percent of the cost of the repair or reconstruction; (3) the Secretary shall extend the time period in paragraph (1) taking into consideration any delay in the ability of the State to access damaged facilities to evaluate damage and the cost of repair; and (4) the Federal share payable for eligible repairs to restore damaged facilities to predisaster condition may amount to 90 percent of the cost of the repairs if the eligible expenses incurred by the State due to natural disasters or catastrophic failures in a Federal fiscal year exceeds the annual apportionment of the State under section 104 for the fiscal year in which the disasters or failures occurred. (f) The Secretary is authorized to cooperate with the State transportation departments and with the Department of the Interior in the construction of Federal-aid highways within Indian reservations and national parks and monuments under the jurisdiction of the Department of the Interior and to pay the amount assumed therefor from the funds apportioned in accordance with section 104 of this title (g) Notwithstanding any other provision of this section or of this title, the Federal share payable on account of any project under this title in the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands shall be 100 per centum of the total cost of the project. (h)  Increased Non-Federal Share Notwithstanding any other provision of this title and subject to such criteria as the Secretary may establish, a State may contribute an amount in excess of the non-Federal share of a project under this title so as to decrease the Federal share payable on such project. (i)  Credit for Non-Federal Share. (1)  Eligibility (A)  In general A State may use as a credit toward the non-Federal share requirement for any funds made available to carry out this title (other than the emergency relief program authorized by section 125) or chapter 53 of title 49 toll revenues that are generated and used by public, quasi-public, and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce. (B)  Special rule for use of federal funds If the public, quasi-public, or private agency has built, improved, or maintained the facility using Federal funds, the credit under this paragraph shall be reduced by a percentage equal to the percentage of the total cost of building, improving, or maintaining the facility that was derived from Federal funds. (C)  Federal funds defined In this paragraph, the term Federal funds does not include loans of Federal funds or other financial assistance that must be repaid to the Government. (2)  Maintenance of effort. (A)  In general The credit for any non-Federal share provided under this subsection shall not reduce nor replace State funds required to match Federal funds for any program under this title. (B)  Condition on receipt of credit To receive a credit under paragraph (1) for a fiscal year, a State shall enter into such agreement as the Secretary may require to ensure that the State will maintain its non-Federal transportation capital expenditures in such fiscal year at or above the average level of such expenditures for the preceding 3 fiscal years; except that if, for any 1 of the preceding 3 fiscal years, the non-Federal transportation capital expenditures of the State were at a level that was greater than 130 percent of the average level of such expenditures for the other 2 of the preceding 3 fiscal years, the agreement shall ensure that the State will maintain its non-Federal transportation capital expenditures in the fiscal year of the credit at or above the average level of such expenditures for the other 2 fiscal years. (C)  Transportation capital expenditures defined In subparagraph (B), the term non-Federal transportation capital expenditures includes any payments made by the State for issuance of transportation-related bonds. (3)  Treatment. (A)  Limitation on liability Use of a credit for a non-Federal share under this subsection that is received from a public, quasi-public, or private agency (i) shall not expose the agency to additional liability, additional regulation, or additional administrative oversight; and (ii) shall not subject the agency to any additional Federal design standards or laws (including regulations) as a result of providing the non-Federal share other than those to which the agency is already subject. (B)  Chartered multistate agencies When a credit that is received from a chartered multistate agency is applied to a non-Federal share under this subsection, such credit shall be applied equally to all charter States. (j)  Use of Federal Agency Funds Notwithstanding any other provision of law, any Federal funds other than those made available under this title and title 49 may be used to pay the non-Federal share of the cost of any transportation project that is within, adjacent to, or provides access to Federal land, the Federal share of which is funded under this title or chapter 53 of title 49. (k)  Use of Federal Land and Tribal Transportation Funds Notwithstanding any other provision of law, the funds authorized to be appropriated to carry out the tribal transportation program under section 202 and the Federal lands transportation program under section 203 may be used to pay the non-Federal share of the cost of any project that is funded under this title or chapter 53 of title 49 and that provides access to or within Federal or tribal land. (l)  Federal Share Flexibility Pilot Program. (1)  Establishment Not later than 180 days after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a pilot program (referred to in this subsection as the pilot program) to give States additional flexibility with respect to the Federal requirements under this section. (2)  Program. (A)  In general Notwithstanding any other provision of law, a State participating in the pilot program (referred to in this subsection as a participating State) may determine the Federal share on a project, multiple-project, or program basis for projects under any of the following: (i) The national highway performance program under section 119. (ii) The surface transportation block grant program under section 133. (iii) The highway safety improvement program under section 148. (iv) The congestion mitigation and air quality improvement program under section 149. (v) The national highway freight program under section 167. (vi) The carbon reduction program under section 175. (vii) Subsection (c) of the PROTECT program under section 176. (B)  Requirements. (i)  Maximum federal share Subject to clause (iii), the Federal share of the cost of an individual project carried out under a program described in subparagraph (A) by a participating State and to which the participating State is applying the Federal share requirements under the pilot program may be up to 100 percent. (ii)  Minimum federal share No individual project carried out under a program described in subparagraph (A) by a participating State and to which the participating State is applying the Federal share requirements under the pilot program shall have a Federal share of 0 percent. (iii)  Determination The average annual Federal share of the total cost of all projects authorized under a program described in subparagraph (A) to which a participating State is applying the Federal share requirements under the pilot program shall be not more than the average of the maximum Federal share of those projects if those projects were not carried out under the pilot program. (C)  Selection. (i)  Application A State seeking to be a participating State shall (I) submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require; and (II) have in place adequate financial controls to allow the State to determine the average annual Federal share requirements under the pilot program. (ii)  Requirement For each of fiscal years 2022 through 2026, the Secretary shall select not more than 10 States to be participating States. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 898 Pub. L. 8670,  21(d)(4) June 25, 1959 73 Stat. 145 Pub. L. 86342, title I,  107(b) Sept. 21, 1959 73 Stat. 613 Pub. L. 86657,  3 July 14, 1960 74 Stat. 522 Pub. L. 88658 Oct. 13, 1964 78 Stat. 1090 Pub. L. 89574,  9(a) Sept. 13, 1966 80 Stat. 769 Pub. L. 90495 Aug. 23, 1968 82 Stat. 829 Pub. L. 91605, title I Dec. 31, 1970 84 Stat. 1718 Pub. L. 95599, title I Nov. 6, 1978 92 Stat. 2699 Pub. L. 97424, title I Jan. 6, 1983 96 Stat. 2105 Pub. L. 9878, title III,  318 Aug. 15, 1983 97 Stat. 473 Pub. L. 10017, title I,  117(a) Apr. 2, 1987 101 Stat. 155 Pub. L. 102240, title I Dec. 18, 1991 105 Stat. 1950 Pub. L. 10459, title III,  310(a) Nov. 28, 1995 109 Stat. 582 Pub. L. 104205, title III,  353(a) Sept. 30, 1996 110 Stat. 2980 Pub. L. 105178, title I June 9, 1998 112 Stat. 145 Pub. L. 105206, title IX July 22, 1998 112 Stat. 836 Pub. L. 10959, title I Aug. 10, 2005 119 Stat. 1171 Pub. L. 110140, title XI,  1131 Dec. 19, 2007 121 Stat. 1763 Pub. L. 112141, div. A, title I July 6, 2012 126 Stat. 532 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1332 Pub. L. 11758, div. A, title I,  11107 Nov. 15, 2021 135 Stat. 459  Editorial Notes  References in Text The date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsec. ( l Pub. L. 11758 Nov. 15, 2021 Amendments 2021Subsec. (c)(1). Pub. L. 11758,  11107(1)(A) Subsec. (c)(3)(B)(vi), (vii). Pub. L. 11758,  11107(1)(B) Subsec. (c)(4). Pub. L. 11758,  11107(1)(C) Subsec. (e)(1). Pub. L. 11758,  11107(2)(A) Subsec. (e)(4). Pub. L. 11758,  11107(2)(B) Subsec. ( l Pub. L. 11758,  11107(3) l 2015Subsec. (c)(3)(A). Pub. L. 11494,  1104(e)(2)(A) Subsec. (c)(3)(A)(ii). Pub. L. 11494,  1408(a)(1) Subsec. (c)(3)(B)(iii). Pub. L. 11494,  1408(a)(2)(A) Subsec. (c)(3)(B)(v), (vi). Pub. L. 11494,  1408(a)(2)(B) Subsec. (c)(3)(C)(i). Pub. L. 11494,  1104(e)(2)(B) Subsec. (e)(2). Pub. L. 11494,  1408(b) 2012Subsec. (c)(1). Pub. L. 112141,  1508(1) Subsec. (c)(3). Pub. L. 112141,  1304(b) Subsec. (e). Pub. L. 112141,  1508(2) section 125 of this title section 144 of this title Subsecs. (g), (h). Pub. L. 112141,  1508(3) Subsec. (i). Pub. L. 112141,  1508(3) section 14501 of title 40 Subsecs. (j), (k). Pub. L. 112141,  1508(5) (j) Use of Federal Land Management Agency Funds (k) Use of Federal Lands Highways Program Funds Pub. L. 112141,  1508(3) l Subsec. ( l Pub. L. 112141,  1508(3) l 2007Subsec. (c). Pub. L. 110140 2005Subsec. (c). Pub. L. 10959,  1947 Subsec. (e). Pub. L. 10959,  1111(b)(2) Subsec. (j). Pub. L. 10959,  1116(c) section 14501 of title 40 Subsec. (j)(1). Pub. L. 10959,  1905 Subsec. (k). Pub. L. 10959,  1119(a)(1) Subsec. ( l Pub. L. 10959,  1119(a)(2) 1998Subsec. (a). Pub. L. 105178,  1111(a)(1) Subsec. (b). Pub. L. 105178,  1111(a)(2) Subsec. (c). Pub. L. 105178,  1111(b) Subsec. (e). Pub. L. 105178,  1113(c) Pub. L. 105206,  9006(a)(2) Pub. L. 105178,  1113(a) Subsec. (f). Pub. L. 105178,  1212(a)(2)(A)(ii) Subsec. (j). Pub. L. 105178,  1115(f)(1) Pub. L. 105206,  9002(i) Pub. L. 105178,  1115(a) Pub. L. 105178,  1111(c) Subsec. (k). Pub. L. 105178,  1115(f)(1) Pub. L. 105206,  9002(i) l Pub. L. 105178,  1115(a) Subsec. ( l Pub. L. 105178,  1115(f)(1) Pub. L. 105206,  9002(i) l 1996Subsec. (c). Pub. L. 104205 1995Subsec. (c). Pub. L. 10459 1991Subsecs. (a) to (c). Pub. L. 102240,  1021(a) June 29, 1956 Subsec. (d). Pub. L. 102240,  1022(a) Pub. L. 102240,  1021(b)(3) Pub. L. 102240,  1021(a) Subsec. (e). Pub. L. 102240,  1021(b)(2) Subsecs. (f) to (h). Pub. L. 102240,  1021(b)(2) Subsec. (i). Pub. L. 102240,  1021(b)(2) Subsecs. (j) to (m). Pub. L. 102240,  1021(b)(1) section 307(c) of this title section 147 of this title l section 148 of this title Subsec. (n). Pub. L. 102240,  1021(b)(2) 1987Subsec. (d). Pub. L. 10017,  117(a) Subsec. (f). Pub. L. 10017,  117(c)(1) section 125 of this title Provided Subsecs. (i), (j). Pub. L. 10017,  117(b) section 307(c) of this title Subsec. (k). Pub. L. 10017,  117(b) l Subsec. ( l Pub. L. 10017,  117(b) l Subsec. (m). Pub. L. 10017,  117(d)(2) Subsec. (n). Pub. L. 10017,  117(e) 1983Subsec. (j). Pub. L. 9878 section 155 of this title January 6, 1983 1983Subsec. (c). Pub. L. 97424,  117(a) Subsec. (d). Pub. L. 97424,  117(b) section 103(e)(4) of this title Pub. L. 97424,  123(a) Subsec. (f). Pub. L. 97424,  153(f) Subsec. (i). Pub. L. 97424,  156(c) section 307(c) of this title Subsec. (j). Pub. L. 97424,  117(c) Subsec. (k). Pub. L. 97424,  109(b) 1978Subsec. (a). Pub. L. 95599,  129(a) Subsec. (d). Pub. L. 95599 section 130 of this title Subsec. (f). Pub. L. 95599,  129(c) Subsec. (i). Pub. L. 95599,  129(i) 1970Subsec. (a). Pub. L. 91605 Subsec. (d). Pub. L. 91605,  108(a) Subsec. (f). Pub. L. 91605 Subsec. (h). Pub. L. 91605,  128 1968Subsec. (a). Pub. L. 90495,  34 Subsec. (f). Pub. L. 90495,  27(b) 1966Subsec. (f). Pub. L. 89574 1964Subsec. (f). Pub. L. 88658 1960Subsec. (a). Pub. L. 86657 1959Subsec. (a). Pub. L. 8670,  21(e)(4) Subsec. (f). Pub. L. 86342 Subsec. (h). Pub. L. 8670,  21(d)(4) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Except as otherwise provided, amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Pub. L. 11494, div. A, title I,  1408(c) Pub. L. 114113, div. L, title IV,  421 Dec. 18, 2015 129 Stat. 2908 The amendment made by subsection (b) [amending this section] shall apply to projects to repair or reconstruct facilities damaged as a result of a natural disaster or catastrophic failure described in section 125(a) of title 23 October 1, 2015 [ Pub. L. 114113, div. L, title IV,  421 Dec. 18, 2015 129 Stat. 2908 section 1408(c) of Pub. L. 11494 Dec. 4, 2015 Pub. L. 11494 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 2007 Amendment Amendment by Pub. L. 110140 Dec. 19, 2007 section 1601 of Pub. L. 110140 section 1824 of Title 2 Effective Date of 1998 Amendment Title IX of Pub. L. 105206 Pub. L. 105178 Pub. L. 105178 Pub. L. 105178 July 22, 1998 Pub. L. 105206 section 9016 of Pub. L. 105206 section 101 of this title Effective Date of 1991 Amendment Amendment by section 1021 of Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Pub. L. 102240, title I,  1022(c) Dec. 18, 1991 105 Stat. 1951 The amendments made by subsections (a) and (b) [amending this section and section 125 of this title Dec. 18, 1991 Effective Date of 1987 Amendment Pub. L. 10017, title I,  117(c)(2) Apr. 2, 1987 101 Stat. 155 The amendment made by paragraph (1) [amending this section] shall apply to all natural disasters and catastrophic failures which occur after the date of the enactment of this Act [ Apr. 2, 1987 Effective Date of 1978 Amendment Pub. L. 95599, title I,  129(h) Nov. 6, 1978 92 Stat. 2708 The amendments made by subsections (a) through (g) of this section [amending this section and sections 148, 155, 215, and 406 of this title] shall take effect with respect to obligations incurred after the date of enactment of this section [ Nov. 6, 1978 Effective Date of 1970 Amendment Pub. L. 91605, title I,  108(b) Dec. 31, 1970 84 Stat. 1718 Pub. L. 9387, title I,  153 Aug. 13, 1973 87 Stat. 276 The amendments made by subsection (a) of this section [amending this section] shall take effect with respect to all obligations incurred after June 30, 1973 Effective Date of 1968 Amendment Amendment by section 27(b) of Pub. L. 90495 Jan. 1, 1968 section 27(c) of Pub. L. 90495 section 125 of this title Amendment by section 34 of Pub. L. 90495 Aug. 23, 1968 section 37 of Pub. L. 90495 section 101 of this title Effective Date of 1959 Amendment Amendment by section 21(d)(4) of Pub. L. 8670 July 1, 1959 section 21(d) of Pub. L. 8670 section 103 of this title Amendment by section 21(e)(4) of Pub. L. 8670 July 1, 1959 section 12(e) of Pub. L. 8670 section 101 of this title Transfer and Sale of Toll Credits Pub. L. 11758, div. A, title I,  11503 Nov. 15, 2021 135 Stat. 578  (a)  Definitions In this section: (1)  Originating state The term originating State means a State that (A) is eligible to use a credit under section 120(i) of title 23 (B) has been selected by the Secretary [of Transportation] under subsection (d)(2). (2)  Pilot program The term pilot program means the pilot program established under subsection (b). (3)  Recipient state The term recipient State means a State that receives a credit by transfer or by sale under this section from an originating State. (4)  State The term State has the meaning given the term in section 101(a) of title 23 (b)  Establishment of Pilot Program The Secretary shall establish and implement a toll credit exchange pilot program in accordance with this section. (c)  Purposes The purposes of the pilot program are (1) to identify the extent of the demand to purchase toll credits; (2) to identify the cash price of toll credits through bilateral transactions between States; (3) to analyze the impact of the purchase or sale of toll credits on transportation expenditures; (4) to test the feasibility of expanding the pilot program to allow all States to participate on a permanent basis; and (5) to identify any other repercussions of the toll credit exchange. (d)  Selection of Originating States. (1)  Application In order to participate in the pilot program as an originating State, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, such information as is required for the Secretary to verify (A) the amount of unused toll credits for which the State has submitted certification to the Secretary that are available to be sold or transferred under the pilot program, including (i) toll revenue generated and the sources of that revenue; (ii) toll revenue used by public, quasi-public, and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce; and (iii) an accounting of any Federal funds used by the public, quasi-public, or private agency to build, improve, or maintain the toll facility, to validate that the credit has been reduced by a percentage equal to the percentage of the total cost of building, improving, or maintaining the facility that was derived from Federal funds; (B) the documentation of maintenance of effort for toll credits earned by the originating State; and (C) the accuracy of the accounting system of the State to earn and track toll credits. (2)  Selection Of the States that submit an application under paragraph (1), the Secretary may select not more than 10 States to be designated as an originating State. (3)  Limitation on sales At any time, the Secretary may limit the amount of unused toll credits that may be offered for sale under the pilot program. (e)  Transfer or Sale of Credits. (1)  In general In carrying out the pilot program, the Secretary shall provide that an originating State may transfer or sell to a recipient State a credit not previously used by the originating State under section 120(i) of title 23 (2)  Website support The Secretary shall make available a publicly accessible website on which originating States shall post the amount of toll credits, verified under subsection (d)(1)(A), that are available for sale or transfer to a recipient State. (3)  Bilateral transactions An originating State and a recipient State may enter into a bilateral transaction to sell or transfer verified toll credits. (4)  Notification Not later than 30 days after the date on which a credit is transferred or sold, the originating State and the recipient State shall jointly submit to the Secretary a written notification of the transfer or sale, including details on (A) the amount of toll credits that have been sold or transferred; (B) the price paid or other value transferred in exchange for the toll credits; (C) the intended use by the recipient State of the toll credits, if known; (D) the intended use by the originating State of the cash or other value transferred; (E) an update on the toll credit balance of the originating State and the recipient State; and (F) any other information about the transaction that the Secretary may require. (5)  Use of credits by transferee or purchaser A recipient State may use a credit received under paragraph (1) toward the non-Federal share requirement for any funds made available to carry out title 23 or chapter 53 of title 49, United States Code, in accordance with section 120(i) of title 23 (6)  Use of proceeds from sale of credits An originating State shall use the proceeds from the sale of a credit under paragraph (1) for the construction costs of any project in the originating State that is eligible under title 23, United States Code. (f)  Reporting Requirements. (1)  Initial report Not later than 1 year after the date on which the pilot program is established, 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 of the pilot program. (2)  Final report Not later than 3 years after the date on which the pilot program is established, the Secretary shall (A) 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 (i) determines whether a toll credit marketplace is viable and cost-effective; (ii) describes the buying and selling activities under the pilot program; (iii) describes the average sale price of toll credits; (iv) determines whether the pilot program could be expanded to more States or all States or to non-State operators of toll facilities; (v) provides updated information on the toll credit balance accumulated by each State; and (vi) describes the list of projects that were assisted by the pilot program; and (B) make the report under subparagraph (A) publicly available on the website of the Department [of Transportation]. (g)  Termination. (1)  In general The Secretary may terminate the pilot program or the participation of any State in the pilot program if the Secretary determines that (A) the pilot program is not serving a public benefit; or (B) it is not cost effective to carry out the pilot program. (2)  Procedures The termination of the pilot program or the participation of a State in the pilot program shall be carried out consistent with Federal requirements for project closeout, adjustment, and continuing responsibilities. Credit for Non-Federal Share Pub. L. 102240, title I,  1044 Dec. 18, 1991 105 Stat. 1994  (a)  Eligibility A State may use as a credit toward the non-Federal matching share requirement for all programs under this Act [see Short Title of 1991 Amendment note set out under section 101 of Title 49 (b)  Maintenance of Effort The credit for any non-Federal share shall not reduce nor replace State monies required to match Federal funds for any program pursuant to this Act or title 23, United States Code. In receiving a credit for non-Federal capital expenditures under this section, a State shall enter into such agreements as the Secretary may require to ensure that such State will maintain its non-Federal transportation capital expenditures at or above the average level of such expenditures for the preceding three fiscal years. (c)  Treatment Use of such credit for a non-Federal share shall not expose such agencies from which the credit is received to additional liability, additional regulation or additional administrative oversight. When credit is applied from chartered multi-State agencies, such credit shall be applied equally to all charter States. The public, quasi-public, and private agencies from which the credit for which the non-Federal share is calculated shall not be subject to any additional Federal design standards, laws or regulations as a result of providing non-Federal match other than those to which such agency is already subject. Temporary Matching Fund Waiver Pub. L. 102240, title I,  1054 Dec. 18, 1991 105 Stat. 2001  (a)  Waiver of Matching Share Notwithstanding any other provision of law, the Federal share of any qualifying project approved by the Secretary under title 23, United States Code, and of any qualifying project for which the United States becomes obligated to pay under title 23, United States Code, during the period beginning on October 1, 1991 September 30, 1993 (b)  Repayment The total amount of increases in the Federal share made pursuant to subsection (a) for any State shall be repaid to the United States by the State on or before March 30, 1994 (c)  Deduction From Apportionments If a State has not made the repayment as required by subsection (b), the Secretary shall deduct from funds apportioned to the State under title 23, United States Code, in each of the fiscal years 1995 and 1996, a pro rata share of each category of apportioned funds. The amount which shall be deducted in each fiscal year shall be equal to 50 percent of the amount needed for repayment. Any amount deducted under this subsection shall be reapportioned for fiscal years 1995 and 1996 in accordance with title 23, United States Code, to those States which have not received a higher Federal share under this section and to those States which have made the repayment required by subsection (b). (d)  Qualifying Project Defined For purposes of this section, the term qualifying project means a project approved by the Secretary after the effective date of this title [ Dec. 18, 1991 Incentive Program for Use of Coal Ash Pub. L. 10017, title I,  117(f) Apr. 2, 1987 101 Stat. 156 Obligations for Projects Resulting From Natural Disasters or Catastrophic Failures; Emergency Relief; Federal Share Pub. L. 97424, title I,  153(g) Jan. 6, 1983 96 Stat. 2133 All obligations for projects resulting from a natural disaster or catastrophic failure which the Secretary finds to be eligible for emergency relief subsequent to the date of enactment of this subsection [ Jan. 6, 1983 section 120 of title 23 Federal Share of Projects Approved During Period Beginning February 12, 1975 September 30, 1975 Pub. L. 9430 June 4, 1975 89 Stat. 171 Pub. L. 94280, title I,  145 May 5, 1976 90 Stat. 446 section 106(a) of this title section 117 of this title Feb. 12, 1975 Sept. 30, 1975 Jan. 1, 1977 Jan. 1, 1979 Review and Analysis of Excise Taxes Dedicated to Highway Trust Fund Pub. L. 95599, title V,  507 Nov. 6, 1978 92 Stat. 2761  (a)  In General The Secretary of the Treasury, in consultation with the Secretary of Transportation and the staff of the Joint Committee on Taxation, shall (1) review and analyze each excise tax now dedicated to the Highway Trust Fund with respect to such factors as ease or difficulty of administration of such tax and the compliance burdens imposed on taxpayers by such tax, and (2) on or before April 15, 1982 (A) improvements in excise taxation which would enhance tax administration, equity, and compliance, or (B) a new system of raising revenues to fund the Highway Trust Fund which would meet the objectives set forth in subparagraph (A). The recommendations described in paragraph (2) shall be formulated in conjunction with the recommendations of the cost allocation study under section 506 set out as note under section 307 of this title (b)  Interim Reports The Secretary of the Treasury, in consultation with the Secretary of Transportation and the staff of the Joint Committee on Taxation, shall file an interim report with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on or before April 15, 1980 April 15, 1981 Highway Trust Fund Act June 29, 1956, ch. 462, title II,  209 70 Stat. 397 Pub. L. 86342, title II,  202 Sept. 21, 1959 73 Stat. 615 Pub. L. 86346, title I,  104(5) Sept. 22, 1959 73 Stat. 622 Pub. L. 86440,  1(c) Apr. 22, 1960 74 Stat. 81 Pub. L. 8761, title II,  207 June 29, 1961 75 Stat. 128 Pub. L. 88578, title II,  202 Sept. 3, 1964 78 Stat. 904 Pub. L. 8944, title II,  210 June 21, 1965 79 Stat. 144 Pub. L. 91258, title II May 21, 1970 84 Stat. 249 Pub. L. 91605, title III,  301 Dec. 31, 1970 84 Stat. 1743 Pub. L. 94273,  18 Apr. 21, 1976 90 Stat. 379 Pub. L. 94280, title III,  301 May 5, 1976 90 Stat. 456 Pub. L. 95599, title V Nov. 6, 1978 92 Stat. 2757 Pub. L. 95618, title II,  233(b)(2)(E) Nov. 9, 1978 92 Stat. 3191 Pub. L. 96451, title II,  203(a) Oct. 14, 1980 94 Stat. 1988 Pub. L. 97424, title V,  531(b) Jan. 6, 1983 96 Stat. 2191 Pub. L. 97449,  2(a) Jan. 12, 1983 96 Stat. 2439  (a) [Repealed. Pub. L. 97424, title V,  531(b) Jan. 6, 1983 96 Stat. 2191 (b)  Declaration of Policy. It is hereby declared to be the policy of the Congress that if it hereafter appears (1) that the total receipts of the Trust Fund (exclusive of advances under subsection (d) will be less than the total expenditures from such Fund (exclusive of repayments of such advances); or (2) that the distribution of the tax burden among the various classes of persons using the Federal-aid highways, or otherwise deriving benefits from such highways, is not equitable, the Congress shall enact legislation in order to bring about a balance of total receipts and total expenditures, or such equitable distribution, as the case may be. (c) to (g) [Repealed. Pub. L. 97424, title V,  531(b) Jan. 6, 1983 96 Stat. 2191 Pub. L. 96451, title II,  203(b) Oct. 14, 1980 94 Stat. 1988 The amendment made by subsection (a) [amending former subsec. (f)(5) of section 209 of Act June 29, 1956 October 1, 1980 Pub. L. 95599, title V,  504(b) Nov. 6, 1978 92 Stat. 2758 The amendment made by subsection (a) [amending former subsec. (g) of section 209 of Act June 29, 1956 September 30, 1978 Pub. L. 91258, title II,  208(g) May 21, 1970 84 Stat. 252 section 209 of the Act of June 29, 1956, ch. 462 70 Stat. 397 Pub. L. 97248, title II,  281(b) Sept. 3, 1982 96 Stat. 566 Percentage of Funds Contributed by Alaska Pub. L. 8670,  21(d)(4) June 25, 1959 73 Stat. 145  121. Payment to States for construction (a)  In General The Secretary, from time to time as the work progresses, may make payments to a State for costs of construction incurred by the State on a project (including payments made pursuant to a long-term concession agreement, such as availability payments). Such payments may also be made for the value of the materials (1) that have been stockpiled in the vicinity of the construction in conformity to plans and specifications for the projects; and (2) that are not in the vicinity of the construction if the Secretary determines that because of required fabrication at an off-site location the material cannot be stockpiled in such vicinity. (b)  Project Agreement No payment shall be made under this chapter except for a project covered by a project agreement. After completion of the project in accordance with the project agreement, a State shall be entitled to payment out of the appropriate sums apportioned or allocated to the State of the unpaid balance of the Federal share payable for such project. (c) Such payments shall be made to such official or officials or depository as may be designated by the State transportation department and authorized under the laws of the State to receive public funds of the State. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 899 Pub. L. 88157,  7(b) Oct. 24, 1963 77 Stat. 278 Pub. L. 9387, title I,  117 Aug. 13, 1973 87 Stat. 259 Pub. L. 94280, title I,  118(a) May 5, 1976 90 Stat. 437 Pub. L. 10017, title I,  133(b)(6) Apr. 2, 1987 101 Stat. 171 Pub. L. 102240, title I,  1018(b) Dec. 18, 1991 105 Stat. 1948 Pub. L. 105178, title I June 9, 1998 112 Stat. 193 Pub. L. 11494, div. A, title II,  2002(a) Dec. 4, 2015 129 Stat. 1446  Editorial Notes Amendments 2015Subsec. (a). Pub. L. 11494 1998Subsec. (a). Pub. L. 105178,  1302(1) Subsec. (b). Pub. L. 105178,  1302(1) Subsec. (c). Pub. L. 105178,  1302(2) section 114(a) of this title Subsec. (d). Pub. L. 105178,  1302(2) Subsec. (e). Pub. L. 105178,  1302(3) Pub. L. 105178,  1212(a)(2)(A)(i) 1991Subsec. (d). Pub. L. 102240 1987Subsec. (d). Pub. L. 10017 1976Subsec. (d). Pub. L. 94280 1973Subsec. (a). Pub. L. 9387 1963Subsec. (d). Pub. L. 88157 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title At-Risk Project Preagreement Authority Pub. L. 11494, div. A, title I,  1440 Dec. 4, 2015 129 Stat. 1434  (a)  Definition of Preliminary Engineering In this section, the term preliminary engineering means allowable preconstruction project development and engineering costs. (b)  At-risk Project Preagreement Authority A recipient or subrecipient of Federal-aid funds under title 23, United States Code, may (1) incur preliminary engineering costs for an eligible project under title 23, United States Code, before receiving project authorization from the State, in the case of a subrecipient, and the Secretary [of Transportation] to proceed with the project; and (2) request reimbursement of applicable Federal funds after the project authorization is received. (c)  Eligibility The Secretary may reimburse preliminary engineering costs incurred by a recipient or subrecipient under subsection (b) (1) if the costs meet all applicable requirements under title 23, United States Code, at the time the costs are incurred and the Secretary concurs that the requirements have been met; (2) in the case of a project located within a designated nonattainment or maintenance area for air quality, if the conformity requirements of the Clean Air Act ( 42 U.S.C. 7401 (3) if the costs would have been allowable if incurred after the date of the project authorization by the Department. (d)  At-risk A recipient or subrecipient that elects to use the authority provided under this section shall (1) assume all risk for preliminary engineering costs incurred prior to project authorization; and (2) be responsible for ensuring and demonstrating to the Secretary that all applicable cost eligibility conditions are met after the authorization is received. (e)  Restrictions Nothing in this section (1) allows a recipient or subrecipient to use the authority under this section to advance a project beyond preliminary engineering prior to the completion of the environmental review process; (2) waives the applicability of Federal requirements to a project other than the reimbursement of preliminary engineering costs incurred prior to an authorization to proceed in accordance with this section; or (3) guarantees Federal funding of the project or the eligibility of the project for future Federal-aid highway funding. Submission of Recommendations to Congress for Reimbursement of States for Certain Highways Pub. L. 85845 Aug. 28, 1958 72 Stat. 1083 Aug. 2, 1947 June 30, 1957  122. Payments to States for bond and other debt instrument financing (a)  Definition of Eligible Debt Financing Instrument In this section, the term eligible debt financing instrument means a bond or other debt financing instrument, including a note, certificate, mortgage, or lease agreement, issued by a State or political subdivision of a State or a public authority, the proceeds of which are used for an eligible project under this title. (b)  Federal Reimbursement Subject to subsections (c) and (d), the Secretary may reimburse a State for expenses and costs incurred by the State or a political subdivision of the State and reimburse a public authority for expenses and costs incurred by the public authority for (1) interest payments under an eligible debt financing instrument; (2) the retirement of principal of an eligible debt financing instrument; (3) the cost of the issuance of an eligible debt financing instrument; (4) the cost of insurance for an eligible debt financing instrument; and (5) any other cost incidental to the sale of an eligible debt financing instrument (as determined by the Secretary). (c)  Conditions on Payment The Secretary may reimburse a State or public authority under subsection (b) with respect to a project funded by an eligible debt financing instrument after the State or public authority has complied with this title with respect to the project to the extent and in the manner that would be required if payment were to be made under section 121. (d)  Federal Share The Federal share of the cost of a project payable under this section shall not exceed the Federal share of the cost of the project as determined under section 120. (e)  Statutory Construction Notwithstanding any other provision of law, the eligibility of an eligible debt financing instrument for reimbursement under subsection (b) shall not (1) constitute a commitment, guarantee, or obligation on the part of the United States to provide for payment of principal or interest on the eligible debt financing instrument; or (2) create any right of a third party against the United States for payment under the eligible debt financing instrument. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 900 Pub. L. 95599, title I,  115(b) Nov. 6, 1978 92 Stat. 2698 Pub. L. 97424, title I,  107(f) Jan. 6, 1983 96 Stat. 2103 Pub. L. 10017, title I,  133(b)(7) Apr. 2, 1987 101 Stat. 171 Pub. L. 10459, title III,  311(a) Nov. 28, 1995 109 Stat. 583  Editorial Notes Amendments 1995 Pub. L. 10459 1987 Pub. L. 10017 section 103(e)(4) of this title 1983 Pub. L. 97424 section 103(e)(4) of this title section 103(e)(4) of this title 1978 Pub. L. 95599 Statutory Notes and Related Subsidiaries Payment of Interest on Bonds Issued Prior to and After November 6, 1978 Pub. L. 95599, title I,  115(c) Nov. 6, 1978 92 Stat. 2698 No interest shall be paid under authority of section 122 of title 23 Nov. 6, 1978 January 1, 1978 section 122 of title 23 section 118(b) of this title section 122 of title 23  123. Relocation of utility facilities (a)  Definitions In this section: (1)  Cost of relocation The term cost of relocation includes the entire amount paid by a utility properly attributable to the relocation of a utility facility, minus any increase in the value of the new facility and any salvage value derived from the old facility. (2)  Early utility relocation project The term early utility relocation project means utility relocation activities identified by the State for performance before completion of the environmental review process for the transportation project. (3)  Environmental review process The term environmental review process has the meaning given the term in section 139(a). (4)  Transportation project The term transportation project means a project. (5)  Utility facility The term utility facility means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. (6)  Utility relocation activity The term utility relocation activity means an activity necessary for the relocation of a utility facility, including preliminary and final design, surveys, real property acquisition, materials acquisition, and construction. (b)  Reimbursement to States. (1)  In general If a State pays for the cost of relocation of a utility facility necessitated by the construction of a transportation project, Federal funds may be used to reimburse the State for the cost of relocation in the same proportion as Federal funds are expended on the transportation project. (2)  Limitation Federal funds shall not be used to reimburse a State under this section if the payment to the utility (A) violates the law of the State; or (B) violates a legal contract between the utility and the State. (3)  Requirement A reimbursement under paragraph (1) shall be made only if the State demonstrates to the satisfaction of the Secretary that the State paid the cost of the utility relocation activity from funds of the State with respect to transportation projects for which Federal funds are obligated subsequent to April 16, 1958 (4)  Reimbursement eligibility for early relocation prior to transportation project environmental review process. (A)  In general In addition to the requirements under paragraphs (1) through (3), a State may carry out, at the expense of the State, an early utility relocation project for a transportation project before completion of the environmental review process for the transportation project. (B)  Requirements for reimbursement Funds apportioned to a State under this title may be used to pay the costs incurred by the State for an early utility relocation project only if the State demonstrates to the Secretary, and the Secretary finds that (i) the early utility relocation project is necessary to accommodate a transportation project; (ii) the State provides adequate documentation to the Secretary of eligible costs incurred by the State for the early utility relocation project; (iii) before the commencement of the utility relocation activities, an environmental review process was completed for the early utility relocation project that resulted in a finding that the early utility relocation project (I) would not result in significant adverse environmental impacts; and (II) would comply with other applicable Federal environmental requirements; (iv) the early utility relocation project did not influence (I) the environmental review process for the transportation project; (II) the decision relating to the need to construct the transportation project; or (III) the selection of the transportation project design or location; (v) the early utility relocation project complies with all applicable provisions of law, including regulations issued pursuant to this title; (vi) the early utility relocation project follows applicable financial procedures and requirements, including documentation of eligible costs and the requirements under section 109( l (vii) the transportation project for which the early utility relocation project was necessitated was included in the applicable transportation improvement program under section 134 or 135; (viii) before the cost incurred by a State is approved for Federal participation, environmental compliance pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (ix) the transportation project that necessitated the utility relocation activity is approved for construction. (C)  Savings provision Nothing in this paragraph affects other eligibility requirements or authorities for Federal participation in payment of costs incurred for utility relocation activities. (c)  Applicability of Other Provisions Nothing in this section affects the applicability of other requirements that would otherwise apply to an early utility relocation project, including any applicable requirements under (1) section 138; (2) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 (3) title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d (4) an environmental review process. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 900 Pub. L. 10017, title I,  133(b)(8) Apr. 2, 1987 101 Stat. 171 Pub. L. 112141, div. A, title I,  1104(c)(3) July 6, 2012 126 Stat. 427 Pub. L. 11758, div. A, title I,  11315 Nov. 15, 2021 135 Stat. 540  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (b)(4)(B)(viii), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (c)(2), is Pub. L. 91646 Jan. 2, 1971 84 Stat. 1894 section 4601 of Title 42 The Civil Rights Act of 1964, referred to in subsec. (c)(3), is Pub. L. 88352 July 2, 1964 78 Stat. 241 section 2000a of Title 42 Amendments 2021 Pub. L. 11758 2012Subsec. (a). Pub. L. 112141 1987Subsec. (a). Pub. L. 10017 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Study of Procurement Practices and Project Delivery Pub. L. 105178, title I,  1213(e) June 9, 1998 112 Stat. 201 June 9, 1998  124. Bridge investment program (a)  Definitions In this section: (1)  Eligible project. (A)  In general The term eligible project means a project to replace, rehabilitate, preserve, or protect 1 or more bridges on the National Bridge Inventory under section 144(b). (B)  Inclusions The term eligible project includes (i) a bundle of projects described in subparagraph (A), regardless of whether the bundle of projects meets the requirements of section 144(j)(5); and (ii) a project to replace or rehabilitate culverts for the purpose of improving flood control and improved habitat connectivity for aquatic species. (2)  Large project The term large project means an eligible project with total eligible project costs of greater than $100,000,000. (3)  Program The term program means the bridge investment program established by subsection (b)(1). (b)  Establishment of Bridge Investment Program. (1)  In general There is established a bridge investment program to provide financial assistance for eligible projects under this section. (2)  Goals The goals of the program shall be (A) to improve the safety, efficiency, and reliability of the movement of people and freight over bridges; (B) to improve the condition of bridges in the United States by reducing (i) the number of bridges (I) in poor condition; or (II) in fair condition and at risk of falling into poor condition within the next 3 years; (ii) the total person miles traveled over bridges (I) in poor condition; or (II) in fair condition and at risk of falling into poor condition within the next 3 years; (iii) the number of bridges that (I) do not meet current geometric design standards; or (II) cannot meet the load and traffic requirements typical of the regional transportation network; and (iv) the total person miles traveled over bridges that (I) do not meet current geometric design standards; or (II) cannot meet the load and traffic requirements typical of the regional transportation network; and (C) to provide financial assistance that leverages and encourages non-Federal contributions from sponsors and stakeholders involved in the planning, design, and construction of eligible projects. (c)  Grant Authority. (1)  In general In carrying out the program, the Secretary may award grants, on a competitive basis, in accordance with this section. (2)  Grant amounts Except as otherwise provided, a grant under the program shall be (A) in the case of a large project, in an amount that is (i) adequate to fully fund the project (in combination with other financial resources identified in the application); and (ii) not less than $50,000,000; and (B) in the case of any other eligible project, in an amount that is (i) adequate to fully fund the project (in combination with other financial resources identified in the application); and (ii) not less than $2,500,000. (3)  Maximum amount Except as otherwise provided, for an eligible project receiving assistance under the program, the amount of assistance provided by the Secretary under this section, as a share of eligible project costs, shall be (A) in the case of a large project, not more than 50 percent; and (B) in the case of any other eligible project, not more than 80 percent. (4)  Federal share. (A)  Maximum federal involvement Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project for which a grant is made, except that the total Federal assistance provided for a project receiving a grant under the program may not exceed the Federal share for the project under section 120. (B)  Off-system bridges In the case of an eligible project for an off-system bridge (as defined in section 133(f)(1)) (i) Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project; and (ii) notwithstanding subparagraph (A), the total Federal assistance provided for the project shall not exceed 90 percent of the total eligible project costs. (C)  Federal land management agencies and tribal governments Notwithstanding any other provision of law, Federal funds other than Federal funds made available under this section may be used to pay the remaining share of the cost of a project under the program by a Federal land management agency or a Tribal government or consortium of Tribal governments. (5)  Considerations. (A)  In general In awarding grants under the program, the Secretary shall consider (i) in the case of a large project, the ratings assigned under subsection (g)(5)(A); (ii) in the case of an eligible project other than a large project, the quality rating assigned under subsection (f)(3)(A)(ii); (iii) the average daily person and freight throughput supported by the eligible project; (iv) the number and percentage of bridges within the same State as the eligible project that are in poor condition; (v) the extent to which the eligible project demonstrates cost savings by bundling multiple bridge projects; (vi) in the case of an eligible project of a Federal land management agency, the extent to which the grant would reduce a Federal liability or Federal infrastructure maintenance backlog; (vii) geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities; and (viii) the extent to which a bridge that would be assisted with a grant (I) is, without that assistance (aa) at risk of falling into or remaining in poor condition; or (bb) in fair condition and at risk of falling into poor condition within the next 3 years; (II) does not meet current geometric design standards based on (aa) the current use of the bridge; or (bb) load and traffic requirements typical of the regional corridor or local network in which the bridge is located; or (III) does not meet current seismic design standards. (B)  Requirement The Secretary shall (i) give priority to an application for an eligible project that is located within a State for which (I) 2 or more applications for eligible projects within the State were submitted for the current fiscal year and an average of 2 or more applications for eligible projects within the State were submitted in prior fiscal years of the program; and (II) fewer than 2 grants have been awarded for eligible projects within the State under the program; (ii) during the period of fiscal years 2022 through 2026, for each State described in clause (i), select (I) not fewer than 1 large project that the Secretary determines is justified under the evaluation under subsection (g)(4); or (II) 2 eligible projects that are not large projects that the Secretary determines are justified under the evaluation under subsection (f)(3); and (iii) not be required to award a grant for an eligible project that the Secretary does not determine is justified under an evaluation under subsection (f)(3) or (g)(4). (6)  Culvert limitation Not more than 5 percent of the amounts made available for each fiscal year for grants under the program may be used for eligible projects that consist solely of culvert replacement or rehabilitation. (d)  Eligible Entity The Secretary may make a grant under the program to any of the following: (1) A State or a group of States. (2) A metropolitan planning organization that serves an urbanized area (as designated by the Bureau of the Census) with a population of over 200,000. (3) A unit of local government or a group of local governments. (4) A political subdivision of a State or local government. (5) A special purpose district or public authority with a transportation function. (6) A Federal land management agency. (7) A Tribal government or a consortium of Tribal governments. (8) A multistate or multijurisdictional group of entities described in paragraphs (1) through (7). (e)  Eligible Project Requirements The Secretary may make a grant under the program only to an eligible entity for an eligible project that (1) in the case of a large project, the Secretary recommends for funding in the annual report on funding recommendations under subsection (g)(6), except as provided in subsection (g)(1)(B); (2) is reasonably expected to begin construction not later than 18 months after the date on which funds are obligated for the project; and (3) is based on the results of preliminary engineering. (f)  Competitive Process and Evaluation of Eligible Projects Other Than Large Projects. (1)  Competitive process. (A)  In general The Secretary shall (i) for the first fiscal year for which funds are made available for obligation under the program, not later than 60 days after the date on which the template under subparagraph (B)(i) is developed, and in subsequent fiscal years, not later than 60 days after the date on which amounts are made available for obligation under the program, solicit grant applications for eligible projects other than large projects; and (ii) not later than 120 days after the date on which the solicitation under clause (i) expires, conduct evaluations under paragraph (3). (B)  Requirements In carrying out subparagraph (A), the Secretary shall (i) develop a template for applicants to use to summarize project needs and benefits, including benefits described in paragraph (3)(B)(i); and (ii) enable applicants to use data from the National Bridge Inventory under section 144(b) to populate templates described in clause (i), as applicable. (2)  Applications An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3)  Evaluation. (A)  In general Prior to providing a grant under this subsection, the Secretary shall (i) conduct an evaluation of each eligible project for which an application is received under this subsection; and (ii) assign a quality rating to the eligible project on the basis of the evaluation under clause (i). (B)  Requirements In carrying out an evaluation under subparagraph (A), the Secretary shall (i) consider information on project benefits submitted by the applicant using the template developed under paragraph (1)(B)(i), including whether the project will generate, as determined by the Secretary (I) costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project; (II) in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects; (III) safety benefits, including the reduction of accidents and related costs; (IV) person and freight mobility benefits, including congestion reduction and reliability improvements; (V) national or regional economic benefits; (VI) benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters; (VII) benefits from protection (as described in section 133(b)(10)), including improving seismic or scour protection; (VIII) environmental benefits, including wildlife connectivity; (IX) benefits to nonvehicular and public transportation users; (X) benefits of using (aa) innovative design and construction techniques; or (bb) innovative technologies; or (XI) reductions in maintenance costs, including, in the case of a federally-owned bridge, cost savings to the Federal budget; and (ii) consider whether and the extent to which the benefits, including the benefits described in clause (i), are more likely than not to outweigh the total project costs. (g)  Competitive Process, Evaluation, and Annual Report for Large Projects. (1)  In general. (A)  Applications The Secretary shall establish an annual date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for a recommendation by the Secretary for funding in the next annual report under paragraph (6). (B)  First fiscal year Notwithstanding subparagraph (A), for the first fiscal year for which funds are made available for obligation for grants under the program, the Secretary may establish a date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for immediate execution of a grant agreement. (2)  Information required The information referred to in paragraph (1) includes (A) all necessary information required for the Secretary to evaluate the large project; and (B) information sufficient for the Secretary to determine that (i) the large project meets the applicable requirements under this section; and (ii) there is a reasonable likelihood that the large project will continue to meet the requirements under this section. (3)  Determination; notice On making a determination that information submitted to the Secretary under paragraph (1) is sufficient, the Secretary shall provide a written notice of that determination to (A) the eligible entity that submitted the application; (B) the Committee on Environment and Public Works of the Senate; and (C) the Committee on Transportation and Infrastructure of the House of Representatives. (4)  Evaluation The Secretary may recommend a large project for funding in the annual report under paragraph (6), or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, immediately execute a grant agreement for a large project, only if the Secretary evaluates the proposed project and determines that the project is justified because the project (A) addresses a need to improve the condition of the bridge, as determined by the Secretary, consistent with the goals of the program under subsection (b)(2); (B) will generate, as determined by the Secretary (i) costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project; (ii) in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects; (iii) safety benefits, including the reduction of accidents and related costs; (iv) person and freight mobility benefits, including congestion reduction and reliability improvements; (v) national or regional economic benefits; (vi) benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters; (vii) benefits from protection (as described in section 133(b)(10)), including improving seismic or scour protection; (viii) environmental benefits, including wildlife connectivity; (ix) benefits to nonvehicular and public transportation users; (x) benefits of using (I) innovative design and construction techniques; or (II) innovative technologies; or (xi) reductions in maintenance costs, including, in the case of a federally-owned bridge, cost savings to the Federal budget; (C) is cost effective based on an analysis of whether the benefits and avoided costs described in subparagraph (B) are expected to outweigh the project costs; (D) is supported by other Federal or non-Federal financial commitments or revenues adequate to fund ongoing maintenance and preservation; and (E) is consistent with the objectives of an applicable asset management plan of the project sponsor, including a State asset management plan under section 119(e) in the case of a project on the National Highway System that is sponsored by a State. (5)  Ratings. (A)  In general The Secretary shall develop a methodology to evaluate and rate a large project on a 5-point scale (the points of which include high, medium-high, medium, medium-low, and low) for each of (i) paragraph (4)(B); (ii) paragraph (4)(C); and (iii) paragraph (4)(D). (B)  Requirement To be considered justified and receive a recommendation for funding in the annual report under paragraph (6), a project shall receive a rating of not less than medium for each rating required under subparagraph (A). (C)  Interim methodology In the first fiscal year for which funds are made available for obligation for grants under the program, the Secretary may establish an interim methodology to evaluate and rate a large project for each of (i) paragraph (4)(B); (ii) paragraph (4)(C); and (iii) paragraph (4)(D). (6)  Annual report on funding recommendations for large projects. (A)  In general Not later than the first Monday in February of each year, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate a report that includes (i) a list of large projects that have requested a recommendation for funding under a new grant agreement from funds anticipated to be available to carry out this subsection in the next fiscal year; (ii) the evaluation under paragraph (4) and ratings under paragraph (5) for each project referred to in clause (i); (iii) the grant amounts that the Secretary recommends providing to large projects in the next fiscal year, including (I) scheduled payments under previously signed multiyear grant agreements under subsection (j); (II) payments for new grant agreements, including single-year grant agreements and multiyear grant agreements; and (III) a description of how amounts anticipated to be available for the program from the Highway Trust Fund for that fiscal year will be distributed; and (iv) for each project for which the Secretary recommends a new multiyear grant agreement under subsection (j), the proposed payout schedule for the project. (B)  Limitations. (i)  In general The Secretary shall not recommend in an annual report under this paragraph a new multiyear grant agreement provided from funds from the Highway Trust Fund unless the Secretary determines that the project can be completed using funds that are anticipated to be available from the Highway Trust Fund in future fiscal years. (ii)  General fund projects The Secretary (I) may recommend for funding in an annual report under this paragraph a large project using funds from the general fund of the Treasury; but (II) shall not execute a grant agreement for that project unless (aa) funds other than from the Highway Trust Fund have been made available for the project; and (bb) the Secretary determines that the project can be completed using funds other than from the Highway Trust Fund that are anticipated to be available in future fiscal years. (C)  Considerations In selecting projects to recommend for funding in the annual report under this paragraph, or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, projects for immediate execution of a grant agreement, the Secretary shall (i) consider the amount of funds available in future fiscal years for multiyear grant agreements as described in subparagraph (B); and (ii) assume the availability of funds in future fiscal years for multiyear grant agreements that extend beyond the period of authorization based on the amount made available for large projects under the program in the last fiscal year of the period of authorization. (D)  Project diversity In selecting projects to recommend for funding in the annual report under this paragraph, the Secretary shall ensure diversity among projects recommended based on (i) the amount of the grant requested; and (ii) grants for an eligible project for 1 bridge compared to an eligible project that is a bundle of projects. (h)  Eligible Project Costs A grant received for an eligible project under the program may be used for (1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; (2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance; and (3) expenses related to the protection (as described in section 133(b)(10)) of a bridge, including seismic or scour protection. (i)  TIFIA Program On the request of an eligible entity carrying out an eligible project, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide to the entity Federal credit assistance under chapter 6 with respect to the eligible project for which the grant was awarded. (j)  Multiyear Grant Agreements for Large Projects. (1)  In general A large project that receives a grant under the program in an amount of not less than $100,000,000 may be carried out through a multiyear grant agreement in accordance with this subsection. (2)  Requirements A multiyear grant agreement for a large project described in paragraph (1) shall (A) establish the terms of participation by the Federal Government in the project; (B) establish the maximum amount of Federal financial assistance for the project in accordance with paragraphs (3) and (4) of subsection (c); (C) establish a payout schedule for the project that provides for disbursement of the full grant amount by not later than 4 fiscal years after the fiscal year in which the initial amount is provided; (D) determine the period of time for completing the project, even if that period extends beyond the period of an authorization; and (E) attempt to improve timely and efficient management of the project, consistent with all applicable Federal laws (including regulations). (3)  Special financial rules. (A)  In general A multiyear grant agreement under this subsection (i) shall obligate an amount of available budget authority specified in law; and (ii) may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law. (B)  Statement of contingent commitment The agreement shall state that the contingent commitment is not an obligation of the Federal Government. (C)  Interest and other financing costs. (i)  In general Interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. (ii)  Certification The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms. (4)  Advance payment Notwithstanding any other provision of law, an eligible entity carrying out a large project under a multiyear grant agreement (A) may use funds made available to the eligible entity under this title for eligible project costs of the large project until the amount specified in the multiyear grant agreement for the project for that fiscal year becomes available for obligation; and (B) if the eligible entity uses funds as described in subparagraph (A), the funds used shall be reimbursed from the amount made available under the multiyear grant agreement for the project. (k)  Undertaking Parts of Projects in Advance Under Letters of No Prejudice. (1)  In general The Secretary may pay to an applicant all eligible project costs under the program, including costs for an activity for an eligible project incurred prior to the date on which the project receives funding under the program if (A) before the applicant carries out the activity, the Secretary approves through a letter to the applicant the activity in the same manner as the Secretary approves other activities as eligible under the program; (B) a record of decision, a finding of no significant impact, or a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (C) the activity is carried out without Federal assistance and in accordance with all applicable procedures and requirements. (2)  Interest and other financing costs. (A)  In general For purposes of paragraph (1), the cost of carrying out an activity for an eligible project includes the amount of interest and other financing costs, including any interest earned and payable on bonds, to the extent interest and other financing costs are expended in carrying out the activity for the eligible project, except that interest and other financing costs may not be more than the cost of the most favorable financing terms reasonably available for the eligible project at the time of borrowing. (B)  Certification The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms under subparagraph (A). (3)  No obligation or influence on recommendations An approval by the Secretary under paragraph (1)(A) shall not (A) constitute an obligation of the Federal Government; or (B) alter or influence any evaluation under subsection (f)(3)(A)(i) or (g)(4) or any recommendation by the Secretary for funding under the program. (l)  Federally-owned Bridges. (1)  Divestiture consideration In the case of a bridge owned by a Federal land management agency for which that agency applies for a grant under the program, the agency (A) shall consider options to divest the bridge to a State or local entity after completion of the project; and (B) may apply jointly with the State or local entity to which the bridge may be divested. (2)  Treatment Notwithstanding any other provision of law, section 129 shall apply to a bridge that was previously owned by a Federal land management agency and has been transferred to a non-Federal entity under paragraph (1) in the same manner as if the bridge was never federally owned. (m)  Treatment of Projects Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter. (n)  Congressional Notification Not later than 30 days before making a grant for an eligible project under the program, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a written notification of the proposed grant that includes (1) an evaluation and justification for the eligible project; and (2) the amount of the proposed grant. (o)  Reports. (1)  Annual report Not later than August 1 of each fiscal year, the Secretary shall make available on the website of the Department of Transportation an annual report that lists each eligible project for which a grant has been provided under the program during the fiscal year. (2)  GAO assessment and report Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Comptroller General of the United States shall (A) conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under the program; and (B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes (i) the adequacy and fairness of the process under which each eligible project that received a grant under the program was selected; and (ii) the justification and criteria used for the selection of each eligible project. (p)  Limitation. (1)  Large projects Of the amounts made available out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section for each of fiscal years 2022 through 2026, not less than 50 percent, in aggregate, shall be used for large projects. (2)  Unutilized amounts If, in fiscal year 2026, the Secretary determines that grants under the program will not allow for the requirement under paragraph (1) to be met, the Secretary shall use the unutilized amounts to make other grants under the program during that fiscal year. (q)  Tribal Transportation Facility Bridge Set Aside. (1)  In general Of the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a fiscal year to carry out this section, the Secretary shall use, to carry out section 202(d) (A) $16,000,000 for fiscal year 2022; (B) $18,000,000 for fiscal year 2023; (C) $20,000,000 for fiscal year 2024; (D) $22,000,000 for fiscal year 2025; and (E) $24,000,000 for fiscal year 2026. (2)  Treatment For purposes of section 201, funds made available for section 202(d) under paragraph (1) shall be considered to be part of the tribal transportation program. (Added Pub. L. 11758, div. A, title I,  11118(a) Nov. 15, 2021 135 Stat. 484  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (k)(1)(B), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsec. ( o Pub. L. 11758 Nov. 15, 2021 Prior Provisions A prior section 124, Pub. L. 85767 Aug. 27, 1958 72 Stat. 901 Pub. L. 95599, title I,  118 Nov. 6, 1978 92 Stat. 2699 Pub. L. 105178, title I June 9, 1998 112 Stat. 193 Pub. L. 105206, title IX,  9003(a) July 22, 1998 112 Stat. 837 Pub. L. 112141,  3(a) July 6, 2012 126 Stat. 413 Oct. 1, 2012 Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title  125. Emergency relief (a)  In General Subject to this section and section 120, an emergency fund is authorized for expenditure by the Secretary for the repair or reconstruction of highways, roads, and trails, in any area of the United States, including Indian reservations, that the Secretary finds have suffered serious damage as a result of (1) a natural disaster over a wide area, such as by a flood, hurricane, tidal wave, earthquake, severe storm, wildfire, or landslide; or (2) catastrophic failure from any external cause. (b)  Restriction on Eligibility Funds under this section shall not be used for the repair or reconstruction of a bridge that has been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration. (c)  Funding. (1)  In general Subject to the limitations described in paragraph (2), there are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) such sums as are necessary to establish the fund authorized by this section and to replenish that fund on an annual basis. (2)  Limitations The limitations referred to in paragraph (1) are that (A) not more than $100,000,000 is authorized to be obligated in any 1 fiscal year commencing after September 30, 1980 (i) remain available until expended; and (ii) be in addition to amounts otherwise available to carry out this section for each year; and (B) (i) pending such appropriation or replenishment, the Secretary may obligate from any funds appropriated at any time for obligation in accordance with this title, including existing Federal-aid appropriations, such sums as are necessary for the immediate prosecution of the work herein authorized; and (ii) funds obligated under this subparagraph shall be reimbursed from the appropriation or replenishment. (d)  Eligibility. (1)  In general The Secretary may expend funds from the emergency fund authorized by this section only for the repair or reconstruction of highways on Federal-aid highways in accordance with this chapter, except that (A) no funds shall be so expended unless an emergency has been declared by the Governor of the State with concurrence by the Secretary, unless the President has declared the emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 (B) the Secretary has received an application from the State transportation department that includes a comprehensive list of all eligible project sites and repair costs by not later than 2 years after the natural disaster or catastrophic failure. (2)  Cost limitation. (A)  Definition of comparable facility In this paragraph, the term comparable facility means a facility that (i) meets the current geometric and construction standards required for the types and volume of traffic that the facility will carry over its design life; and (ii) incorporates economically justifiable improvements that will mitigate the risk of recurring damage from extreme weather, flooding, and other natural disasters. (B)  Limitation The total cost of a project funded under this section may not exceed the cost of repair or reconstruction of a comparable facility. (3)  Protective features. (A)  In general The cost of an improvement that is part of a project under this section shall be an eligible expense under this section if the improvement is a protective feature that will mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters. (B)  Protective features described A protective feature referred to in subparagraph (A) includes (i) raising roadway grades; (ii) relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas; (iii) stabilizing slide areas; (iv) stabilizing slopes; (v) lengthening or raising bridges to increase waterway openings; (vi) increasing the size or number of drainage structures; (vii) replacing culverts with bridges or upsizing culverts; (viii) installing seismic retrofits on bridges; (ix) adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes; and (x) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters. (4)  Debris removal The costs of debris removal shall be an eligible expense under this section only for (A) an event not declared a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 (B) an event declared a major disaster or emergency by the President under that Act if the debris removal is not eligible for assistance under section 403, 407, or 502 of that Act ( 42 U.S.C. 5170b (C) projects eligible for assistance under this section located on tribal transportation facilities, Federal lands transportation facilities, or other federally owned roads that are open to public travel (as defined in subsection (e)(1)). (5)  Substitute traffic Notwithstanding any other provision of this section, actual and necessary costs of maintenance and operation of ferryboats or additional transit service providing temporary substitute highway traffic service, less the amount of fares charged for comparable service, may be expended from the emergency fund authorized by this section for Federal-aid highways. (e)  Tribal Transportation Facilities, Federal Lands Transportation Facilities, and Public Roads on Federal Lands. (1)  Definitions In this subsection, the following definitions apply: (A)  Open to public travel The term open to public travel means, with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road (i) is maintained; (ii) is open to the general public; and (iii) can accommodate travel by a standard passenger vehicle, without restrictive gates or prohibitive signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of registration. (B)  Standard passenger vehicle The term standard passenger vehicle means a vehicle with 6 inches of clearance from the lowest point of the frame, body, suspension, or differential to the ground. (2)  Expenditure of funds Notwithstanding subsection (d)(1), the Secretary may expend funds from the emergency fund authorized by this section, independently or in cooperation with any other branch of the Federal Government, a State agency, a tribal government, an organization, or a person, for the repair or reconstruction of tribal transportation facilities, Federal lands transportation facilities, and other federally owned roads that are open to public travel, whether or not those facilities are Federal-aid highways. (3)  Reimbursement. (A)  In general The Secretary may reimburse Federal and State agencies (including political subdivisions) for expenditures made for projects determined eligible under this section, including expenditures for emergency repairs made before a determination of eligibility. (B)  Transfers With respect to reimbursements described in subparagraph (A) (i) those reimbursements to Federal agencies and Indian tribal governments shall be transferred to the account from which the expenditure was made, or to a similar account that remains available for obligation; and (ii) the budget authority associated with the expenditure shall be restored to the agency from which the authority was derived and shall be available for obligation until the end of the fiscal year following the year in which the transfer occurs. (f)  Treatment of Territories For purposes of this section, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be considered to be States and parts of the United States, and the chief executive officer of each such territory shall be considered to be a Governor of a State. (g)  Protecting Public Safety and Maintaining Roadways The Secretary may use not more than 5 percent of amounts from the emergency fund authorized by this section to carry out projects that the Secretary determines are necessary to protect the public safety or to maintain or protect roadways that are included within the scope of an emergency declaration by the Governor of the State or by the President, in accordance with this section, and the Governor deems to be an ongoing concern in order to maintain vehicular traffic on the roadway. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 901 Pub. L. 86342, title I,  107(a) Sept. 21, 1959 73 Stat. 612 Pub. L. 89574,  9(b) Sept. 13, 1966 80 Stat. 769 Pub. L. 90495,  27(a) Aug. 23, 1968 82 Stat. 829 Pub. L. 91605, title I,  109(a) Dec. 31, 1970 84 Stat. 1718 Pub. L. 92361 Aug. 3, 1972 86 Stat. 503 Pub. L. 94280, title I,  119 May 5, 1976 90 Stat. 437 Pub. L. 95599, title I,  119 Nov. 6, 1978 92 Stat. 2700 Pub. L. 96106,  19 Nov. 9, 1979 93 Stat. 799 Pub. L. 97424, title I,  153(a) Jan. 6, 1983 96 Stat. 2132 Pub. L. 99190,  101(e) [title III,  334] Dec. 19, 1985 99 Stat. 1267 Pub. L. 99272, title IV,  4103 Apr. 7, 1986 100 Stat. 114 Pub. L. 10017, title I Apr. 2, 1987 101 Stat. 156 Pub. L. 100707,  109(k) Nov. 23, 1988 102 Stat. 4709 Pub. L. 102240, title I,  1022(b) Dec. 18, 1991 105 Stat. 1951 Pub. L. 102302,  101 June 22, 1992 106 Stat. 252 Pub. L. 105178, title I June 9, 1998 112 Stat. 151 Pub. L. 112141, div. A, title I,  1107 July 6, 2012 126 Stat. 437 Pub. L. 11494, div. A, title I,  1107 Dec. 4, 2015 129 Stat. 1337 Pub. L. 11694, div. H, title I,  127 Dec. 20, 2019 133 Stat. 2953 Pub. L. 11758, div. A, title I,  11106 Nov. 15, 2021 135 Stat. 458  Editorial Notes  References in Text The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(1)(A), (4)(A), (B), is Pub. L. 93288 May 22, 1974 88 Stat. 143 section 5121 of Title 42 Amendments 2021Subsec. (a)(1). Pub. L. 11758,  11106(1) Subsec. (b). Pub. L. 11758,  11106(2) Subsec. (d)(2)(A). Pub. L. 11758,  11106(3)(A) Subsec. (d)(3), (4). Pub. L. 11758,  11106(3)(B) 2019Subsec. (d)(4). Pub. L. 11694 2015Subsec. (d)(3)(C). Pub. L. 11494,  1107(a) Subsec. (e)(1). Pub. L. 11494,  1107(b) 2012 Pub. L. 112141 1998Subsec. (a). Pub. L. 105178,  1113(b)(2) Subsecs. (b), (c). Pub. L. 105178,  1113(b)(1) Subsec. (d). Pub. L. 105178,  1212(a)(2)(A)(i) Pub. L. 105178,  1113(b)(3) 42 U.S.C. 5121 Public Law 93288 Pub. L. 105178,  1113(b)(1) Subsec. (e). Pub. L. 105178,  1113(b)(4) Pub. L. 105178,  1113(b)(1) Subsec. (f). Pub. L. 105178,  1113(b)(1) 1992Subsec. (b). Pub. L. 102302 1991Subsec. (b)(2). Pub. L. 102240 1988Subsec. (b). Pub. L. 100707 1987Subsec. (b). Pub. L. 10017,  133(b)(9)(A) Pub. L. 10017,  118(a)(1) Pub. L. 10017,  118(b)(2) Subsec. (c). Pub. L. 10017,  133(b)(9)(B) Subsec. (d). Pub. L. 10017,  118(b)(1) 1986Subsec. (b). Pub. L. 99272 1985 Pub. L. 99190 Pub. L. 99272 1983Subsec. (a). Pub. L. 97424,  153(a)(1) December 31, 1967 December 31, 1970 Pub. L. 97424,  153(a)(2) Pub. L. 97424,  153(c) September 30, 1980 September 30, 1976 Subsec. (b). Pub. L. 97424,  153(d) Pub. L. 97424,  153(h)(1) Subsec. (c). Pub. L. 97424,  153(h)(2) 1979Subsec. (b). Pub. L. 96106 1978Subsec. (a). Pub. L. 95599 September 30, 1978 1976Subsec. (a). Pub. L. 94280,  119(a)(1) June 1, 1976 June 30, 1972 July 1, 1976 September 30, 1976 September 30, 1976 July 1, 1976 September 30, 1976 September 30, 1977 Subsec. (b). Pub. L. 94280,  119(b) 1972Subsec. (a). Pub. L. 92361 July 1, 1972 June 30, 1972 June 30, 1973 1970Subsec. (a). Pub. L. 91605 December 31, 1967 December 31, 1970 1968Subsec. (a). Pub. L. 90495 1966Subsec. (a). Pub. L. 89574,  9(c) Subsec. (c). Pub. L. 89574,  9(b) 1959 Pub. L. 86342 section 120 of this title Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 section 1022(c) of Pub. L. 102240 section 120 of this title Effective Date of 1987 Amendment Pub. L. 10017, title I,  118(a)(2) Apr. 2, 1987 101 Stat. 156 The amendment made by paragraph (1) [amending this section] shall apply with respect to natural disasters and catastrophic failures occurring after December 31, 1985 Pub. L. 10017, title I,  118(b)(3) Apr. 2, 1987 101 Stat. 156 The amendments made by paragraphs (1) and (2) [amending this section] shall take effect on the date of the enactment of this Act [ Apr. 2, 1987 Effective Date of 1983 Amendment Pub. L. 97424, title I,  153(e) Jan. 6, 1983 96 Stat. 2133 The amendments made by subsection (d) of this section [amending this section] shall apply to natural disasters or catastrophic failures which the Secretary finds eligible for emergency relief subsequent to the date of enactment of this section [ Jan. 6, 1983 Effective Date of 1968 Amendment Pub. L. 90495,  27(c) Aug. 23, 1968 82 Stat. 829 The amendments made by this section [amending this section and section 120 of this title January 1, 1968 Effective Date of 1966 Amendment Pub. L. 89574,  9(d) Sept. 13, 1966 80 Stat. 769 The amendments made by this section [amending this section] shall take effect July 1, 1966 Emergency Relief Projects Pub. L. 11758, div. A, title I,  11519 Nov. 15, 2021 135 Stat. 602  (a)  Definition of Emergency Relief Project In this section, the term emergency relief project means a project carried out under the emergency relief program under section 125 of title 23 (b)  Improving the Emergency Relief Program Not later than 90 days after the date of enactment of this Act [ Nov. 15, 2021 (1) revise the emergency relief manual of the Federal Highway Administration (A) to include and reflect the definition of the term resilience (as defined in section 101(a) of title 23 (B) to identify procedures that States may use to incorporate resilience into emergency relief projects; and (C) to encourage the use of Complete Streets design principles and consideration of access for moderate- and low-income families impacted by a declared disaster; (2) develop best practices for improving the use of resilience in (A) the emergency relief program under section 125 of title 23 (B) emergency relief efforts; (3) provide to division offices of the Federal Highway Administration and State departments of transportation information on the best practices developed under paragraph (2); and (4) develop and implement a process to track (A) the consideration of resilience as part of the emergency relief program under section 125 of title 23 (B) the costs of emergency relief projects. Expenditures Made Prior to Fiscal Year Ending September 30, 1978 Pub. L. 97424, title I,  153(b) Jan. 6, 1983 96 Stat. 2133 Sept. 30, 1978  126. Transferability of Federal-aid highway funds (a)  In General Notwithstanding any other provision of law, subject to subsection (b), a State may transfer from an apportionment under section 104(b) not to exceed 50 percent of the amount apportioned for the fiscal year to any other apportionment of the State under that section. (b)  Application to Certain Set-asides. (1)  In general Funds that are subject to sections 104(d) and 133(d)(1)(A) shall not be transferred under this section. (2)  Funds transferred by states Funds transferred by a State under this section of the funding set aside for a State under section 133(h) for a fiscal year (A) may only come from the portion of those funds that are available for obligation in any area of the State under section 133(h); and (B) may only be transferred if the Secretary certifies that the State (i) held a competition in compliance with the guidance issued to carry out section 133(h) and provided sufficient time for applicants to apply; (ii) offered to each eligible entity, and provided on request of an eligible entity, technical assistance; and (iii) demonstrates that there were not sufficiently suitable applications from eligible entities to use the funds to be transferred. (Added Pub. L. 105178, title I,  1310(a) June 9, 1998 112 Stat. 234 Pub. L. 106159, title I,  102(a)(1) Dec. 9, 1999 113 Stat. 1752 Pub. L. 10959, title I,  1401(a)(3)(B) Aug. 10, 2005 119 Stat. 1225 Pub. L. 112141, div. A, title I,  1509(a) July 6, 2012 126 Stat. 567 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1343 Pub. L. 11758, div. A, title I,  11109(b)(2) Nov. 15, 2021 135 Stat. 468  Editorial Notes Prior Provisions A prior section 126, Pub. L. 85767 Aug. 27, 1958 72 Stat. 901 Pub. L. 9387, title I,  152(3) Aug. 13, 1973 87 Stat. 276 June 18, 1934 Pub. L. 105178, title I,  1226(d) Pub. L. 105206, title IX,  9003(a) July 22, 1998 112 Stat. 837 Amendments 2021Subsec. (b)(2). Pub. L. 11758,  11109(b)(2)(A) (A) may for reserved for a State under section 133(h) for a fiscal year may, was executed by making the substitution for reserved for the State under section 133(h) for a fiscal year may to reflect the probable intent of Congress. Subsec. (b)(2)(B). Pub. L. 11758,  11109(b)(2)(A) 2015Subsec. (b)(1). Pub. L. 11494,  1446(a)(2) Subsec. (b)(2). Pub. L. 11494,  1109(c)(1) 2012 Pub. L. 112141 2005Subsec. (a). Pub. L. 10959 1999 Pub. L. 106159 section 110 of this title Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  127. Vehicle weight limitationsInterstate System (a)  In General (1) The Secretary shall withhold 50 percent of the apportionment of a State under section 104(b)(1) in any fiscal year in which the State does not permit the use of The Dwight D. Eisenhower System of Interstate and Defense Highways within its boundaries by vehicles with a weight of twenty thousand pounds carried on any one axle, including enforcement tolerances, or with a tandem axle weight of thirty-four thousand pounds, including enforcement tolerances, or a gross weight of at least eighty thousand pounds for vehicle combinations of five axles or more. (2) However, the maximum gross weight to be allowed by any State for vehicles using The Dwight D. Eisenhower System of Interstate and Defense Highways shall be twenty thousand pounds carried on one axle, including enforcement tolerances, and a tandem axle weight of thirty-four thousand pounds, including enforcement tolerances and with an overall maximum gross weight, including enforcement tolerances, on a group of two or more consecutive axles produced by application of the following formula: LN W=500 A XXXXX B N1 where W equals overall gross weight on any group of two or more consecutive axles to the nearest five hundred pounds, L equals distance in feet between the extreme of any group of two or more consecutive axles, and N equals number of axles in group under consideration, except that two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds each providing the overall distance between the first and last axles of such consecutive sets of tandem axles (1) is thirty-six feet or more, or (2) in the case of a motor vehicle hauling any tank trailer, dump trailer, or ocean transport container before September 1, 1989 Provided July 1, 1956 September 1, 1989 (3) Any amount which is withheld from apportionment to any State pursuant to the foregoing provisions shall lapse if not released and obligated within the availability period specified in section 118(b). (4) This section shall not be construed to deny apportionment to any State allowing the operation within such State of any vehicles or combinations thereof, other than vehicles or combinations subject to subsection (d) of this section, which the State determines could be lawfully operated within such State on July 1, 1956 (5) With respect to the State of Hawaii, laws or regulations in effect on February 1, 1960 July 1, 1956 (6) With respect to the State of Colorado, vehicles designed to carry 2 or more precast concrete panels shall be considered a nondivisible load. (7) With respect to the State of Michigan, laws or regulations in effect on May 1, 1982 (8) With respect to the State of Maryland, laws and regulations in effect on June 1, 1993 (9) The State of Louisiana may allow, by special permit, the operation of vehicles with a gross vehicle weight of up to 100,000 pounds for the hauling of sugarcane during the harvest season, not to exceed 100 days annually. (10) With respect to Interstate Routes 89, 93, and 95 in the State of New Hampshire (A) State laws (including regulations) concerning vehicle weight limitations that were in effect on January 1, 1987 (B) effective June 30, 2016 (11) (A) With respect to all portions of the Interstate Highway System in the State of Maine, laws (including regulations) of that State concerning vehicle weight limitations applicable to other State highways shall be applicable in lieu of the requirements under this subsection. (B) With respect to all portions of the Interstate Highway System in the State of Vermont, laws (including regulations) of that State concerning vehicle weight limitations applicable to other State highways shall be applicable in lieu of the requirements under this subsection. (12)  Heavy duty vehicles. (A)  In general Subject to subparagraphs (B) and (C), in order to promote reduction of fuel use and emissions because of engine idling, the maximum gross vehicle weight limit and the axle weight limit for any heavy-duty vehicle equipped with an idle reduction technology shall be increased by a quantity necessary to compensate for the additional weight of the idle reduction system. (B)  Maximum weight increase The weight increase under subparagraph (A) shall be not greater than 550 pounds. (C)  Proof On request by a regulatory agency or law enforcement agency, the vehicle operator shall provide proof (through demonstration or certification) that (i) the idle reduction technology is fully functional at all times; and (ii) the 550-pound gross weight increase is not used for any purpose other than the use of idle reduction technology described in subparagraph (A). (13)  Milk products A vehicle carrying fluid milk products shall be considered a load that cannot be easily dismantled or divided. (b)  Reasonable Access No State may enact or enforce any law denying reasonable access to motor vehicles subject to this title to and from the Interstate Highway System to terminals and facilities for food, fuel, repairs, and rest. (c)  Ocean Transport Container Defined For purposes of this section, the term ocean transport container has the meaning given the term freight container by the International Standards Organization in Series 1, Freight Containers, 3rd Edition (reference number IS06681979(E)) as in effect on the date of the enactment of this subsection. (d)  Longer Combination Vehicles. (1)  Prohibition. (A)  General continuation rule A longer combination vehicle may continue to operate only if the longer combination vehicle configuration type was authorized by State officials pursuant to State statute or regulation conforming to this section and in actual lawful operation on a regular or periodic basis (including seasonal operations) on or before June 1, 1991 104 Stat. 2186 (B)  Applicability of state laws and regulations All such operations shall continue to be subject to, at the minimum, all State statutes, regulations, limitations and conditions, including, but not limited to, routing-specific and configuration-specific designations and all other restrictions, in force on June 1, 1991 June 1, 1991 (C)  Wyoming In addition to those vehicles allowed under subparagraph (A), the State of Wyoming may allow the operation of additional vehicle configurations not in actual operation on June 1, 1991 November 3, 1992 (D)  Ohio In addition to vehicles which the State of Ohio may continue to allow to be operated under subparagraph (A), such State may allow longer combination vehicles with 3 cargo carrying units of 2812 feet each (not including the truck tractor) not in actual operation on June 1, 1991 (E)  Alaska In addition to vehicles which the State of Alaska may continue to allow to be operated under subparagraph (A), such State may allow the operation of longer combination vehicles which were not in actual operation on June 1, 1991 July 5, 1991 (F)  Iowa In addition to vehicles that the State of Iowa may continue to allow to be operated under subparagraph (A), the State may allow longer combination vehicles that were not in actual operation on June 1, 1991 (2)  Additional state restrictions. (A)  In general Nothing in this subsection shall prevent any State from further restricting in any manner or prohibiting the operation of longer combination vehicles otherwise authorized under this subsection; except that such restrictions or prohibitions shall be consistent with the requirements of sections 3111131114 of title 49. (B)  Minor adjustments Any State further restricting or prohibiting the operations of longer combination vehicles or making minor adjustments of a temporary and emergency nature as may be allowed pursuant to regulations issued by the Secretary pursuant to paragraph (5) of this subsection, shall, within 30 days, advise the Secretary of such action, and the Secretary shall publish a notice of such action in the Federal Register. (3)  Publication of list. (A)  Submission to secretary Within 60 days of the date of the enactment of this subsection, each State (i) shall submit to the Secretary for publication in the Federal Register a complete list of (I) all operations of longer combination vehicles being conducted as of June 1, 1991 (B)  Interim list Not later than 90 days after the date of the enactment of this subsection, the Secretary shall publish an interim list in the Federal Register, consisting of all information submitted pursuant to subparagraph (A). The Secretary shall review for accuracy all information submitted by the States pursuant to subparagraph (A) and shall solicit and consider public comment on the accuracy of all such information. (C)  Limitation No statute or regulation shall be included on the list submitted by a State or published by the Secretary merely on the grounds that it authorized, or could have authorized, by permit or otherwise, the operation of longer combination vehicles, not in actual operation on a regular or periodic basis on or before June 1, 1991 (D)  Final list Except as modified pursuant to paragraph (1)(C) of this subsection, the list shall be published as final in the Federal Register not later than 180 days after the date of the enactment of this subsection. In publishing the final list, the Secretary shall make any revisions necessary to correct inaccuracies identified under subparagraph (B). After publication of the final list, longer combination vehicles may not operate on the Interstate System except as provided in the list. (E)  Review and correction procedure The Secretary, on his or her own motion or upon a request by any person (including a State), shall review the list issued by the Secretary pursuant to subparagraph (D). If the Secretary determines there is cause to believe that a mistake was made in the accuracy of the final list, the Secretary shall commence a proceeding to determine whether the list published pursuant to subparagraph (D) should be corrected. If the Secretary determines that there is a mistake in the accuracy of the list the Secretary shall correct the publication under subparagraph (D) to reflect the determination of the Secretary. (4)  Longer combination vehicle defined For purposes of this section, the term longer combination vehicle means any combination of a truck tractor and 2 or more trailers or semitrailers which operates on the Interstate System at a gross vehicle weight greater than 80,000 pounds. (5)  Regulations regarding minor adjustments Not later than 180 days after the date of the enactment of this subsection, the Secretary shall issue regulations establishing criteria for the States to follow in making minor adjustments under paragraph (1)(B). (e)  Operation of Certain Specialized Hauling Vehicles on Interstate Route The single axle, tandem axle, and bridge formula limits set forth in subsection (a) shall not apply to the operation on Interstate Route 68 in Garrett and Allegany Counties, Maryland, of any specialized vehicle equipped with a steering axle and a tridem axle and used for hauling coal, logs, and pulpwood if such vehicle is of a type of vehicle as was operating in such counties on United States Route 40 or 48 for such purpose on August 1, 1991 (f)  Operation of Certain Specialized Hauling Vehicles on Certain Wisconsin Highways If the 104-mile portion of Wisconsin State Route 78 and United States Route 51 between Interstate Route 94 near Portage, Wisconsin, and Wisconsin State Route 29 south of Wausau, Wisconsin, is designated as part of the Interstate System under section 103(c)(4)(A), the single axle weight, tandem axle weight, gross vehicle weight, and bridge formula limits set forth in subsection (a) shall not apply to the 104-mile portion with respect to the operation of any vehicle that could legally operate on the 104-mile portion before the date of the enactment of this subsection. (g)  Operation of Certain Specialized Hauling Vehicles on Certain Pennsylvania Highways If the segment of United States Route 220 between Bedford and Bald Eagle, Pennsylvania, is designated as part of the Interstate System, the single axle weight, tandem axle weight, gross vehicle weight, and bridge formula limits set forth in subsection (a) shall not apply to that segment with respect to the operation of any vehicle which could have legally operated on that segment before the date of the enactment of this subsection. (h)  Waiver for a Route in State of Maine During Periods of National Emergency. (1)  In general Notwithstanding any other provision of this section, the Secretary, in consultation with the Secretary of Defense, may waive or limit the application of any vehicle weight limit established under this section with respect to the portion of Interstate Route 95 in the State of Maine between Augusta and Bangor for the purpose of making bulk shipments of jet fuel to the Air National Guard Base at Bangor International Airport during a period of national emergency in order to respond to the effects of the national emergency. (2)  Applicability Emergency limits established under paragraph (1) shall preempt any inconsistent State vehicle weight limits. (i)  Special Permits During Periods of National Emergency. (1)  In general Notwithstanding any other provision of this section, a State may issue special permits during an emergency to overweight vehicles and loads that can easily be dismantled or divided if (A) the President has declared the emergency to be a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 (B) the permits are issued in accordance with State law; and (C) the permits are issued exclusively to vehicles and loads that are delivering relief supplies. (2)  Expiration A permit issued under paragraph (1) shall expire not later than 120 days after the date of the declaration of emergency under subparagraph (A) of that paragraph. (j)  Operation of Vehicles on Certain Other Wisconsin Highways If any segment of the United States Route 41 corridor, as described in section 1105(c)(57) of the Intermodal Surface Transportation Efficiency Act of 1991, is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without regard to any requirement under subsection (a). (k)  Operation of Vehicles on Certain Mississippi Highways If any segment of United States Route 78 in Mississippi from mile marker 0 to mile marker 113 is designated as part of the Interstate System, no limit established under this section may apply to that segment with respect to the operation of any vehicle that could have legally operated on that segment before such designation. (l)  Operation of Vehicles on Certain Kentucky Highways. (1)  In general If any segment of highway described in paragraph (2) is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without regard to any requirement under subsection (a). (2)  Description of highway segments The highway segments referred to in paragraph (1) are as follows: (A) Interstate Route 69 in Kentucky (formerly the Wendell H. Ford (Western Kentucky) Parkway) from the Interstate Route 24 Interchange, near Eddyville, to the Edward T. Breathitt (Pennyrile) Parkway Interchange. (B) The Edward T. Breathitt (Pennyrile) Parkway (to be designated as Interstate Route 69) in Kentucky from the Wendell H. Ford (Western Kentucky) Parkway Interchange to near milepost 77, and on new alignment to an interchange on the Audubon Parkway, if the segment is designated as part of the Interstate System. (3)  Additional highway segments. (A)  In general If any segment of highway described in clauses (i) through (v) is designated as a route of the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without regard to any requirement under subsection (a), except that such vehicle shall not exceed a gross vehicle weight of 120,000 pounds. The highway segments referred to in this paragraph are as follows: (i) The William H. Natcher Parkway (to be designated as a spur of Interstate Route 65) from Interstate Route 65 in Bowling Green, Kentucky, to United States Route 60 in Owensboro, Kentucky. (ii) The Julian M. Carroll (Purchase) Parkway (to be designated as Interstate Route 69) in Kentucky from the Tennessee state line to the interchange with Interstate Route 24, near Calvert City. (iii) The Wendell H. Ford (Western Kentucky) Parkway (to be designated as a spur of Interstate Route 69) from the interchange with the William H. Natcher Parkway in Ohio County, Kentucky, west to the interchange of the Western Kentucky Parkway with the Edward T. Breathitt (Pennyrile) Parkway. (iv) The Edward T. Breathitt (Pennyrile) Parkway (to be designated as a spur of Interstate Route 69) from Interstate 24, north to Interstate 69. (v) The Louie B. Nunn Cumberland Expressway (to be designated as a spur of Interstate Route 65) from the interchange with Interstate Route 65 in Barren County, Kentucky, east to the interchange with United States Highway 27 in Somerset, Kentucky. (B)  Nondivisible load or vehicle Nothing in this paragraph shall prohibit the State from issuing a permit for a nondivisible load or vehicle with a gross vehicle weight that exceeds 120,000 pounds. (m)  Covered Heavy-duty Tow and Recovery Vehicles. (1)  In general The vehicle weight limitations set forth in this section do not apply to a covered heavy-duty tow and recovery vehicle. (2)  Covered heavy-duty tow and recovery vehicle defined In this subsection, the term covered heavy-duty tow and recovery vehicle means a vehicle that (A) is transporting a disabled vehicle from the place where the vehicle became disabled to the nearest appropriate repair facility; and (B) has a gross vehicle weight that is equal to or exceeds the gross vehicle weight of the disabled vehicle being transported. (n)  Operation of Vehicles on Certain Highways in the State of Texas If any segment in the State of Texas of United States Route 59, United States Route 77, United States Route 281, United States Route 84, Texas State Highway 44, or another roadway is designated as Interstate Route 69, a vehicle that could operate legally on that segment before the date of the designation may continue to operate on that segment, without regard to any requirement under this section. (o)  Certain Logging Vehicles in the State of Wisconsin. (1)  In general The Secretary shall waive, with respect to a covered logging vehicle, the application of any vehicle weight limit established under this section. (2)  Covered logging vehicle defined In this subsection, the term covered logging vehicle means a vehicle that (A) is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips; (B) has a gross vehicle weight of not more than 98,000 pounds; (C) has not less than 6 axles; and (D) is operating on a segment of Interstate Route 39 in the State of Wisconsin from mile marker 175.8 to mile marker 189. (p)  Operation of Certain Specialized Vehicles on Certain Highways in the State of Arkansas If any segment of United States Route 63 between the exits for highways 14 and 75 in the State of Arkansas is designated as part of the Interstate System, the single axle weight, tandem axle weight, gross vehicle weight, and bridge formula limits under subsection (a) and the width limitation under section 31113(a) of title 49 (q)  Certain Logging Vehicles in the State of Minnesota. (1)  In general The Secretary shall waive, with respect to a covered logging vehicle, the application of any vehicle weight limit established under this section. (2)  Covered logging vehicle defined In this subsection, the term covered logging vehicle means a vehicle that (A) is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips; (B) has a gross vehicle weight of not more than 99,000 pounds; (C) has not less than 6 axles; and (D) is operating on a segment of Interstate Route 35 in the State of Minnesota from mile marker 235.4 to mile marker 259.552. (r)  Emergency Vehicles. (1)  In general Notwithstanding subsection (a), a State shall not enforce against an emergency vehicle a vehicle weight limit (up to a maximum gross vehicle weight of 86,000 pounds) of less than (A) 24,000 pounds on a single steering axle; (B) 33,500 pounds on a single drive axle; (C) 62,000 pounds on a tandem axle; or (D) 52,000 pounds on a tandem rear drive steer axle. (2)  Emergency vehicle defined In this subsection, the term emergency vehicle means a vehicle designed to be used under emergency conditions (A) to transport personnel and equipment; and (B) to support the suppression of fires and mitigation of other hazardous situations. (s)  Natural Gas and Electric Battery Vehicles A vehicle, if operated by an engine fueled primarily by natural gas or powered primarily by means of electric battery power, may exceed the weight limit on the power unit by up to 2,000 pounds (up to a maximum gross vehicle weight of 82,000 pounds) under this section. (t)  Vehicles in Idaho A vehicle limited or prohibited under this section from operating on a segment of the Interstate System in the State of Idaho may operate on such a segment if such vehicle (1) has a gross vehicle weight of 129,000 pounds or less; (2) other than gross vehicle weight, complies with the single axle, tandem axle, and bridge formula limits set forth in subsection (a); and (3) is authorized to operate on such segment under Idaho State law. (u)  Vehicles in North Dakota A vehicle limited or prohibited under this section from operating on a segment of the Interstate System in the State of North Dakota may operate on such a segment if such vehicle (1) has a gross vehicle weight of 129,000 pounds or less; (2) other than gross vehicle weight, complies with the single axle, tandem axle, and bridge formula limits set forth in subsection (a); and (3) is authorized to operate on such segment under North Dakota State law. (v)  Operation of Vehicles on Certain North Carolina Highways If any segment in the State of North Carolina of United States Route 17, United States Route 29, United States Route 52, United States Route 64, United States Route 70, United States Route 74, United States Route 117, United States Route 220, United States Route 264, or United States Route 421 is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without regard to any requirement under subsection (a). (w)  Operation of Vehicles on Certain Oklahoma Highways If any segment of the highway referred to in paragraph (96) of section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102240 105 Stat. 2032 ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 902 Pub. L. 86624,  17(e) July 12, 1960 74 Stat. 416 Pub. L. 93643,  106 Jan. 4, 1975 88 Stat. 2283 Pub. L. 94280, title I,  120 May 5, 1976 90 Stat. 438 Pub. L. 97424, title I,  133 Jan. 6, 1983 96 Stat. 2123 Pub. L. 10017, title I,  133(a)(3) Apr. 2, 1987 101 Stat. 170 Pub. L. 10017, title I,  119 Apr. 2, 1987 101 Stat. 157 Pub. L. 100202,  101 l Dec. 22, 1987 101 Stat. 1329358 Pub. L. 101427 Oct. 15, 1990 104 Stat. 927 Pub. L. 102240, title I,  1023(a) Dec. 18, 1991 105 Stat. 1951 Pub. L. 103331, title III,  332 Sept. 30, 1994 108 Stat. 2493 Pub. L. 103429,  3(3) Oct. 31, 1994 108 Stat. 4377 Pub. L. 10459, title III,  312(a)(1) Nov. 28, 1995 109 Stat. 584 Pub. L. 10488, title IV Dec. 29, 1995 109 Stat. 956 Pub. L. 105178, title I June 9, 1998 112 Stat. 136 Pub. L. 107107, div. A, title X,  1064 Dec. 28, 2001 115 Stat. 1233 Pub. L. 108447, div. J, title I,  121 Dec. 8, 2004 118 Stat. 3347 Pub. L. 10958, title VII,  756(c) Aug. 8, 2005 119 Stat. 832 Pub. L. 10959, title I,  1111(b)(3) Aug. 10, 2005 119 Stat. 1171 Pub. L. 111117, div. A, title I,  194(a) Dec. 16, 2009 123 Stat. 3072 Pub. L. 11255, div. C, title I,  125 Nov. 18, 2011 125 Stat. 655 Pub. L. 112141, div. A, title I July 6, 2012 126 Stat. 557 Pub. L. 113235, div. K, title I,  125 Dec. 16, 2014 128 Stat. 2709 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1411 Pub. L. 114113, div. L, title I,  124 Dec. 18, 2015 129 Stat. 2847 Pub. L. 115141, div. L, title I Mar. 23, 2018 132 Stat. 988 Pub. L. 1166, div. G, title IV Feb. 15, 2019 133 Stat. 474 Pub. L. 11694, div. H, title IV,  425(a) Dec. 20, 2019 133 Stat. 3018 Pub. L. 11758, div. A, title I,  11515 Nov. 15, 2021 135 Stat. 599  Editorial Notes  References in Text The date of enactment of Federal-Aid Highway Amendments of 1974, referred to in subsec. (a)(2), (4), means Jan. 4, 1975 Pub. L. 93643 The date of the enactment of this subsection, referred to in subsec. (c), is the date of enactment of Pub. L. 10017 Apr. 2, 1987 Section 335 of the Department of Transportation and Related Agencies Appropriations Act, 1991, referred to in subsec. (d)(1)(A), is section 335 of Pub. L. 101516 The date of the enactment of this subsection, referred to in subsec. (d)(3)(A), (B), (D), (5), is the date of the enactment of Pub. L. 102240 Dec. 18, 1991 The date of the enactment of this subsection, referred to in subsec. (f), is the date of enactment of Pub. L. 10459 Nov. 28, 1995 The date of the enactment of this subsection, referred to in subsec. (g), is the date of enactment of Pub. L. 10488 Dec. 29, 1995 The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (i)(1)(A), is Pub. L. 93288 May 22, 1974 88 Stat. 143 section 5121 of Title 42 Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsecs. (j) and (w), is section 1105(c) of Pub. L. 102240 Pub. L. 10959, title I,  1304(b)(5) Aug. 10, 2005 119 Stat. 1211 Pub. L. 11758, div. A, title I,  11514(a)(2) Nov. 15, 2021 135 Stat. 597 Codification Amendments by section 194(c), (f) of Pub. L. 111117 Pub. L. 111117 Pub. L. 111117 Pub. L. 111117 Amendments 2021Subsec. ( l Pub. L. 11758,  11515(1)(A) Subsec. ( l Pub. L. 11758,  11515(1)(B) Subsecs. (v), (w). Pub. L. 11758,  11515(2) 2019Subsec. ( l Pub. L. 1166,  421 Subsec. ( l Pub. L. 11694,  425(a)(1) Subsec. ( l Pub. L. 11694,  425(a)(2) Subsec. (s). Pub. L. 1166,  422 (1) the weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle; and (2) the weight of a comparable diesel tank and fueling system. 2018Subsec. (a)(10). Pub. L. 115141,  129A January 1, 1987 Subsec. (u). Pub. L. 115141,  127 2015Subsec. (a)(3). Pub. L. 11494,  1446(a)(3) Subsec. (a)(11). Pub. L. 114113,  124(1) December 31, 2031 Subsec. (a)(13). Pub. L. 11494,  1409 Subsecs. (m) to (s). Pub. L. 11494,  1410 Subsec. (t). Pub. L. 114113,  124(2) 2014Subsecs. (j) to ( l Pub. L. 113235 l 2012Subsec. (a)(1). Pub. L. 112141,  1404(a) section 104(b)(1) of this title Subsec. (a)(12)(B). Pub. L. 112141,  1510(1) Subsec. (a)(12)(C)(ii). Pub. L. 112141,  1510(2) Subsec. (i). Pub. L. 112141,  1511 2011Subsec. (a)(11). Pub. L. 11255 October 1, 1995 2009Subsec. (a)(11). Pub. L. 111117,  194(c) Pub. L. 111117,  194(a) Subsec. (a)(13). Pub. L. 111117,  194(f) Pub. L. 111117,  194(d) 2005Subsec. (a). Pub. L. 10958 Subsec. (a)(3). Pub. L. 10959 2004Subsec. (a). Pub. L. 108447 2001Subsec. (h). Pub. L. 107107 1998Subsec. (a). Pub. L. 105178,  1212(d)(1) January 1, 1987 October 1, 1995 Subsec. (f). Pub. L. 105178,  1106(c)(2)(B) 1995Subsec. (a). Pub. L. 10459,  312(a)(1) Subsec. (d)(1)(F). Pub. L. 10459,  312(a)(2) Subsec. (f). Pub. L. 10459,  312(b) Pub. L. 10488,  405(a)(1) Subsec. (g). Pub. L. 10488,  404 1994Subsec. (a). Pub. L. 103331 June 1, 1993 Subsec. (d)(2)(A). Pub. L. 103429 1991Subsec. (a). Pub. L. 102240,  1023(a) section 104(b)(1) of this title Subsecs. (d), (e). Pub. L. 102240,  1023(b) 1990Subsec. (a). Pub. L. 101427 1987Subsec. (a). Pub. L. 100202 September 1, 1989 September 1, 1988 Pub. L. 10017,  119(d)(1) Pub. L. 10017,  119(a)(1) Pub. L. 10017,  119(a)(3) September 1, 1988 section 118(b)(1) of this title Subsec. (b). Pub. L. 10017,  119(d)(2) Subsec. (c). Pub. L. 10017,  119(c) 1983 Pub. L. 97424 Subsec. (a). Pub. L. 97424 Subsec. (b). Pub. L. 97424 1976 Pub. L. 94280 1975 Pub. L. 93643 Jan. 4, 1975 1960 Pub. L. 86624 Feb. 1, 1960 July 1, 1956 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective and Termination Dates of 2009 Amendment Pub. L. 111117, div. A, title I,  194(b) Dec. 16, 2009 123 Stat. 3072 The amendment made by subsection (a) [amending this section] shall be in effect during the 1-year period beginning on the date of enactment of this Act [ Dec. 16, 2009 Pub. L. 111117, div. A, title I,  194(c) Dec. 16, 2009 123 Stat. 3072 Dec. 16, 2009 Pub. L. 111117, div. A, title I,  194(e) Dec. 16, 2009 123 Stat. 3073 The amendment made by subsection (d) [amending this section] shall be in effect during the 1-year period beginning on the date of enactment of this Act [ Dec. 16, 2009 Pub. L. 111117, div. A, title I,  194(f) Dec. 16, 2009 123 Stat. 3073 Dec. 16, 2009 Effective Date of 1995 Amendment Amendment by section 404 of Pub. L. 10488 Jan. 1, 1996 section 2 of Pub. L. 10488 section 1301 of Title 49 Pub. L. 10488, title IV,  405(a) Dec. 29, 1995 109 Stat. 956 Nov. 28, 1995 Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Specialized Hauling Vehicles Pub. L. 105178, title I,  1213(f) June 9, 1998 112 Stat. 201  (1)  Study The Secretary shall conduct a study to examine the impact of the truck weight standards on specialized hauling vehicles. The study shall include, at a minimum, an analysis of the economic, safety, and infrastructure impacts of the standards. (2)  Report Not later than 2 years after the date of enactment of this Act [ June 9, 1998 Vehicle Weight Enforcement Pub. L. 105178, title I,  1213(h) June 9, 1998 112 Stat. 202  (1)  Study The Secretary shall conduct a study of State laws (including regulations) relating to penalties for violation of State commercial motor vehicle weight laws. (2)  Purpose The purpose of the study shall be to determine the effectiveness of State penalties as a deterrent to illegally overweight trucking operations. The study shall evaluate fine structures, innovative roadside enforcement techniques, and a States ability to penalize shippers and carriers as well as drivers and shall examine the effectiveness of administrative and judicial procedures utilized to enforce vehicle weight laws. (3)  Report Not later than 2 years after the date of enactment of this Act [ June 9, 1998 Commercial Motor Vehicle Study Pub. L. 105178, title I,  1213(i) June 9, 1998 112 Stat. 202  (1)  In general The Secretary shall request the Transportation Research Board of the National Academy of Sciences to conduct a study regarding the regulation of weights, lengths, and widths of commercial motor vehicles operating on Federal-aid highways to which Federal regulations apply on the date of enactment of this Act [ June 9, 1998 (2)  Factors to consider and evaluate In developing recommendations under paragraph (1), the Board shall consider and evaluate the impact of the recommendations described in paragraph (1) on the economy, the environment, safety, and service to communities. (3)  Consultation In carrying out the study, the Board shall consult with the Department of Transportation, States, the motor carrier industry, freight shippers, highway safety groups, air quality and natural resource management groups, commercial motor vehicle driver representatives, and other appropriate entities. (4)  Report Not later than 2 years after the date of enactment of this Act [ June 9, 1998 (5)  Recommendations Not later than 180 days after the date of receipt of the report under paragraph (4), the Secretary may transmit to Congress a report containing comments or recommendations of the Secretary regarding the Boards report. (6)  Funding There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $250,000 for each of fiscal years 1999 and 2000 to carry out this subsection. (7)  Applicability of title 23 Funds made available to carry out this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of the study under this subsection shall be 100 percent and such funds shall remain available until expended. Over-the-Road Buses and Public Transit Vehicles Pub. L. 102240, title I,  1023(h) Pub. L. 102388, title III,  341 Oct. 6, 1992 106 Stat. 1552 Pub. L. 10459, title III,  326 Nov. 28, 1995 109 Stat. 592 Pub. L. 105178, title I,  1212(c) June 9, 1998 112 Stat. 194 Pub. L. 1087, div. I, title III,  347 Feb. 20, 2003 117 Stat. 419 Pub. L. 108447, div. H, title V,  530 Dec. 8, 2004 118 Stat. 3271 Pub. L. 10959, title I,  1309 Aug. 10, 2005 119 Stat. 1219 Pub. L. 109115, div. A, title I,  115 Nov. 30, 2005 119 Stat. 2408 Pub. L. 112141, div. A, title I,  1522 July 6, 2012 126 Stat. 579  (1)  Exemption The second sentence of section 127 of title 23 (A) any over-the-road bus (as defined in section 301 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 (B) any vehicle that is regularly and exclusively used as an intrastate public agency transit passenger bus; or (C) any motor home (as defined in section 571.3 of title 49, Code of Federal Regulations (or successor regulation)). (2)  State action. (A)  Weight limitations A covered State, including any political subdivision of such State, may not enforce a single axle weight limitation of less than 24,000 pounds, including enforcement tolerances, on any vehicle referred to in paragraph (1) in any case in which the vehicle is using the Interstate System. (B)  Covered state defined In this paragraph, the term covered State means a State that has enforced, in the period beginning on October 6, 1992 Nov. 30, 2005 Temporary Exemption for Firefighting Vehicles Pub. L. 102240, title I,  1023(e) Dec. 18, 1991 105 Stat. 1954  (1)  Temporary exemption The second sentence of section 127 of title 23 Dec. 18, 1991 (2)  Study The Secretary shall conduct a study (A) of State laws regulating the use on the National System of Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and Defense Highways] of vehicles which are used for the purpose of protecting persons and property from fires and other disasters that threaten public safety and which are being delivered to or operated by a firefighting agency; and (B) of the issuance of permits by States which exempt such vehicles from the requirements of the second sentence of section 127 of title 23 (3)  Purposes The purposes of the study under this subsection are to determine whether or not such State laws and such section 127 need to be modified with regard to such vehicles and whether or not a permanent exemption should be made for such vehicles from the requirements of such laws and section 127 or whether or not the bridge formula set forth in such section should be modified as it applies to such vehicles. (4)  Report Not later than 18 months after the date of the enactment of this Act [ Dec. 18, 1991 Study Pertaining to Transporters of Water Well Drilling Rigs Pub. L. 102240, title I,  1023(g) Dec. 18, 1991 105 Stat. 1955 Dec. 18, 1991 Motor Vehicle Study by Transportation Research Board; Report Pub. L. 10017, title I,  158 Apr. 2, 1987 101 Stat. 210 Apr. 2, 1987 23 U.S.C. 127 Pub. L. 93643 23 U.S.C. 127 Pub. L. 97424 State-Imposed Vehicle Width Limitations Pub. L. 97369, title III,  321 Dec. 18, 1982 96 Stat. 1784 Pub. L. 9817,  2 Apr. 5, 1983 97 Stat. 60 section 31113 of Title 49 Steering Axle Study; Report to Congress Pub. L. 94280, title II,  210 May 5, 1976 90 Stat. 455 July 1, 1977  128. Public hearings (a) Any State transportation department which submits plans for a Federal-aid highway project involving the by passing of or, going through any city, town, or village, either incorporated or unincorporated, shall certify to the Secretary that it has had public hearings, or has afforded the opportunity for such hearings, and has considered the economic and social effects of such a location, its impact on the environment, and its consistency with the goals and objectives of such urban planning as has been promulgated by the community. Any State transportation department which submits plans for an Interstate System project shall certify to the Secretary that it has had public hearings at a convenient location, or has afforded the opportunity for such hearings for the purpose of enabling persons in rural areas through or contiguous to whose property the highway will pass to express any objections they may have to the proposed locations of such highway. Such certification shall be accompanied by a report which indicates the consideration given to the economic, social, environmental and other effects of the plan or highway location or design and various alternatives which were raised during the hearing or which were otherwise considered. (b) When hearings have been held under subsection (a), the State transportation department shall submit a copy of the transcript of said hearings to the Secretary, together with the certification and report. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 902 Pub. L. 90495,  24 Aug. 23, 1968 82 Stat. 828 Pub. L. 91605, title I,  135 Dec. 31, 1970 84 Stat. 1734 Pub. L. 105178, title I,  1212(a)(2)(A)(i) June 9, 1998 112 Stat. 193  Editorial Notes Amendments 1998 Pub. L. 105178 1970Subsec. (a). Pub. L. 91605,  135(a) Subsec. (b). Pub. L. 91605,  135(b) 1968Subsec. (a). Pub. L. 90495 Statutory Notes and Related Subsidiaries Effective Date of 1968 Amendment Amendment by Pub. L. 90495 Aug. 23, 1968 section 37 of Pub. L. 90495 section 101 of this title  129. Toll roads, bridges, tunnels, and ferries (a)  Basic Program. (1)  Authorization for federal participation Subject to the provisions of this section, Federal participation shall be permitted on the same basis and in the same manner as construction of toll-free highways is permitted under this chapter in the (A) initial construction of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel; (B) initial construction of 1 or more lanes or other improvements that increase capacity of a highway, bridge, or tunnel (other than a highway on the Interstate System) and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free lanes, excluding auxiliary lanes, after the construction is not less than the number of toll-free lanes, excluding auxiliary lanes, before the construction; (C) initial construction of 1 or more lanes or other improvements that increase the capacity of a highway, bridge, or tunnel on the Interstate System and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after such construction is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before such construction; (D) reconstruction, resurfacing, restoration, rehabilitation, or replacement of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel; (E) reconstruction or replacement of a toll-free bridge or tunnel and conversion of the bridge or tunnel to a toll facility; (F) reconstruction of a toll-free Federal-aid highway (other than a highway on the Interstate System) and conversion of the highway to a toll facility; (G) reconstruction, restoration, or rehabilitation of a highway on the Interstate System if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after reconstruction, restoration, or rehabilitation is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before reconstruction, restoration, or rehabilitation; (H) conversion of a high occupancy vehicle lane on a highway, bridge, or tunnel to a toll facility; and (I) preliminary studies to determine the feasibility of a toll facility for which Federal participation is authorized under this paragraph. (2)  Ownership Each highway, bridge, tunnel, or approach to the highway, bridge, or tunnel constructed under this subsection shall (A) be publicly owned; or (B) be privately owned if the public authority with jurisdiction over the highway, bridge, tunnel, or approach has entered into a contract with 1 or more private persons to design, finance, construct, and operate the facility and the public authority will be responsible for complying with all applicable requirements of this title with respect to the facility. (3)  Limitations on use of revenues. (A)  In general A public authority with jurisdiction over a toll facility shall ensure that all toll revenues received from operation of the toll facility are used only for (i) debt service with respect to the projects on or for which the tolls are authorized, including funding of reasonable reserves and debt service on refinancing; (ii) a reasonable return on investment of any private person financing the project, as determined by the State or interstate compact of States concerned; (iii) any costs necessary for the improvement and proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation; (iv) if the toll facility is subject to a public-private partnership agreement, payments that the party holding the right to toll revenues owes to the other party under the public-private partnership agreement; and (v) if the public authority certifies annually that the tolled facility is being adequately maintained, any other purpose for which Federal funds may be obligated by a State under this title. (B)  Annual audit. (i)  In general A public authority with jurisdiction over a toll facility shall conduct or have an independent auditor conduct an annual audit of toll facility records to verify adequate maintenance and compliance with subparagraph (A), and report the results of the audits, together with the results of the audit under paragraph (9)(C), to the Secretary. (ii)  Records On reasonable notice, the public authority shall make all records of the public authority pertaining to the toll facility available for audit by the Secretary. (C)  Noncompliance If the Secretary concludes that a public authority has not complied with the limitations on the use of revenues described in subparagraph (A), the Secretary may require the public authority to discontinue collecting tolls until an agreement with the Secretary is reached to achieve compliance with the limitation on the use of revenues described in subparagraph (A). (4)  Special rule for funding. (A)  In general In the case of a toll facility under the jurisdiction of a public authority of a State (other than the State transportation department), on request of the State transportation department and subject to such terms and conditions as the department and public authority may agree, the Secretary, working through the State department of transportation, shall reimburse the public authority for the Federal share of the costs of construction of the project carried out on the toll facility under this subsection in the same manner and to the same extent as the department would be reimbursed if the project was being carried out by the department. (B)  Source The reimbursement of funds under this paragraph shall be from sums apportioned to the State under this chapter and available for obligations on projects on the Federal-aid highways in the State on which the project is being carried out. (5)  Limitation on federal share The Federal share payable for a project described in paragraph (1) shall be a percentage determined by the State, but not to exceed 80 percent. (6)  Modifications If a public authority (including a State transportation department) with jurisdiction over a toll facility subject to an agreement under this section or section 119(e), as in effect on the day before the effective date of title I of the Intermodal Surface Transportation Efficiency Act of 1991 ( 105 Stat. 1915 (7)  Loans. (A)  In general. (i)  Loans Using amounts made available under this title, a State may loan to a public or private entity constructing or proposing to construct under this section a toll facility or non-toll facility with a dedicated revenue source an amount equal to all or part of the Federal share of the cost of the project if the project has a revenue source specifically dedicated to the project. (ii)  Dedicated revenue sources Dedicated revenue sources for non-toll facilities include excise taxes, sales taxes, motor vehicle use fees, tax on real property, tax increment financing, and such other dedicated revenue sources as the Secretary determines appropriate. (B)  Compliance with federal laws As a condition of receiving a loan under this paragraph, the public or private entity that receives the loan shall ensure that the project will be carried out in accordance with this title and any other applicable Federal law, including any applicable provision of a Federal environmental law. (C)  Subordination of debt The amount of any loan received for a project under this paragraph may be subordinated to any other debt financing for the project. (D)  Obligation of funds loaned Funds loaned under this paragraph may only be obligated for projects under this paragraph. (E)  Repayment The repayment of a loan made under this paragraph shall commence not later than 5 years after date on which the facility that is the subject of the loan is open to traffic. (F)  Term of loan The term of a loan made under this paragraph shall not exceed 30 years from the date on which the loan funds are obligated. (G)  Interest A loan made under this paragraph shall 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. (H)  Reuse of funds Amounts repaid to a State from a loan made under this paragraph may be obligated (i) for any purpose for which the loan funds were available under this title; and (ii) for the purchase of insurance or for use as a capital reserve for other forms of credit enhancement for project debt in order to improve credit market access or to lower interest rates for projects eligible for assistance under this title. (I)  Guidelines The Secretary shall establish procedures and guidelines for making loans under this paragraph. (8)  State law permitting tolling If a State does not have a highway, bridge, or tunnel toll facility as of the date of enactment of the MAP21, before commencing any activity authorized under this section, the State shall have in effect a law that permits tolling on a highway, bridge, or tunnel. (9)  Equal access for over-the-road buses. (A)  In general An over-the-road bus that serves the public shall be provided access to a toll facility under the same rates, terms, and conditions as public transportation vehicles. (B)  Reports. (i)  In general Not later than 90 days after the date of enactment of this subparagraph, a public authority that operates a toll facility shall report to the Secretary any rates, terms, or conditions for access to the toll facility by public transportation vehicles that differ from the rates, terms, or conditions applicable to over-the-road buses. (ii)  Updates A public authority that operates a toll facility shall report to the Secretary any change to the rates, terms, or conditions for access to the toll facility by public transportation vehicles that differ from the rates, terms, or conditions applicable to over-the-road buses by not later than 30 days after the date on which the change takes effect. (iii)  Publication The Secretary shall publish information reported to the Secretary under clauses (i) and (ii) on a publicly accessible internet website. (C)  Annual audit. (i)  In general A public authority (as defined in section 101(a)) with jurisdiction over a toll facility shall (I) conduct or have an independent auditor conduct an annual audit of toll facility records to verify compliance with this paragraph; and (II) report the results of the audit, together with the results of the audit under paragraph (3)(B), to the Secretary. (ii)  Records After providing reasonable notice, a public authority described in clause (i) shall make all records of the public authority pertaining to the toll facility available for audit by the Secretary. (iii)  Noncompliance If the Secretary determines that a public authority described in clause (i) has not complied with this paragraph, the Secretary may require the public authority to discontinue collecting tolls until an agreement with the Secretary is reached to achieve compliance. (10)  High occupancy vehicle use of certain toll facilities Notwithstanding section 102(a), in the case of a toll facility that is on the Interstate System and that is constructed or converted after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the public authority with jurisdiction over the toll facility shall allow high occupancy vehicles, transit, and paratransit vehicles to use the facility at a discount rate or without charge, unless the public authority, in consultation with the Secretary, determines that the number of those vehicles using the facility reduces the travel time reliability of the facility. (11)  Definitions In this subsection, the following definitions apply: (A)  High occupancy vehicle; hov The term high occupancy vehicle or HOV means a vehicle with not fewer than 2 occupants. (B)  Initial construction. (i)  In general The term initial construction means the construction of a highway, bridge, tunnel, or other facility at any time before it is open to traffic. (ii)  Exclusions The term initial construction does not include any improvement to a highway, bridge, tunnel, or other facility after it is open to traffic. (C)  Over-the-road bus The term over-the-road bus has the meaning given the term in section 301 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 (D)  Public authority The term public authority means a State, interstate compact of States, or public entity designated by a State. (E)  Toll facility The term toll facility means a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel constructed under this subsection. (b) Notwithstanding the provisions of section 301 of this title (c) Notwithstanding section 301 of this title (1) It is not feasible to build a bridge, tunnel, combination thereof, or other normal highway structure in lieu of the use of such ferry. (2) The operation of the ferry shall be on a route classified as a public road within the State and which has not been designated as a route on the Interstate System or on a public transit ferry eligible under chapter 53 of title 49. Projects under this subsection may be eligible for both ferry boats carrying cars and passengers and ferry boats carrying passengers only. (3) (A) The ferry boat or ferry terminal facility shall be publicly owned or operated or majority publicly owned if the Secretary determines with respect to a majority publicly owned ferry or ferry terminal facility that such ferry boat or ferry terminal facility provides substantial public benefits. (B) Any Federal participation shall not involve the construction or purchase, for private ownership, of a ferry boat, ferry terminal facility, or other eligible project under this section. (4) The operating authority and the amount of fares charged for passage on such ferry shall be under the control of the State or other public entity, and all revenues derived therefrom shall be applied to actual and necessary costs of operation, maintenance, repair, debt service, negotiated management fees, and, in the case of a privately operated toll ferry, for a reasonable rate of return. (5) Such ferry may be operated only within the State (including the islands which comprise the State of Hawaii and the islands which comprise any territory of the United States) or between adjoining States or between a point in a State and a point in the Dominion of Canada. Except with respect to operations between the islands which comprise the State of Hawaii, operations between the islands which comprise any territory of the United States, operations between a point in a State and a point in the Dominion of Canada, and operations between any two points in Alaska and between Alaska and Washington, including stops at appropriate points in the Dominion of Canada, no part of such ferry operation shall be in any foreign or international waters. (6) The ferry service shall be maintained in accordance with section 116. (7) (A) No ferry boat or ferry terminal with Federal participation under this title may be sold, leased, or otherwise disposed of, except in accordance with part 200 of title 2, Code of Federal Regulations. (B) The Federal share of any proceeds from a disposition referred to in subparagraph (A) shall be used for eligible purposes under this title. (d)  Congestion Relief Program. (1)  Definitions In this subsection: (A)  Eligible entity The term eligible entity means any of the following: (i) A State, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000. (ii) A metropolitan planning organization, city, or municipality, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000. (B)  Integrated congestion management system The term integrated congestion management system means a system for the integration of management and operations of a regional transportation system that includes, at a minimum, traffic incident management, work zone management, traffic signal timing, managed lanes, real-time traveler information, and active traffic management, in order to maximize the capacity of all facilities and modes across the applicable region. (C)  Program The term program means the congestion relief program established under paragraph (2). (2)  Establishment The Secretary shall establish a congestion relief program to provide discretionary grants to eligible entities to advance innovative, integrated, and multimodal solutions to congestion relief in the most congested metropolitan areas of the United States. (3)  Program goals The goals of the program are to reduce highway congestion, reduce economic and environmental costs associated with that congestion, including transportation emissions, and optimize existing highway capacity and usage of highway and transit systems through (A) improving intermodal integration with highways, highway operations, and highway performance; (B) reducing or shifting highway users to off-peak travel times or to nonhighway travel modes during peak travel times; and (C) pricing of, or based on, as applicable (i) parking; (ii) use of roadways, including in designated geographic zones; or (iii) congestion. (4)  Eligible projects Funds from a grant under the program may be used for a project or an integrated collection of projects, including planning, design, implementation, and construction activities, to achieve the program goals under paragraph (3), including (A) deployment and operation of an integrated congestion management system; (B) deployment and operation of a system that implements or enforces high occupancy vehicle toll lanes, cordon pricing, parking pricing, or congestion pricing; (C) deployment and operation of mobility services, including establishing account-based financial systems, commuter buses, commuter vans, express operations, paratransit, and on-demand microtransit; and (D) incentive programs that encourage travelers to carpool, use nonhighway travel modes during peak period, or travel during nonpeak periods. (5)  Application; selection. (A)  Application To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B)  Priority In providing grants under the program, the Secretary shall give priority to projects in urbanized areas that are experiencing a high degree of recurrent congestion. (C)  Federal share The Federal share of the cost of a project carried out with a grant under the program shall not exceed 80 percent of the total project cost. (D)  Minimum award A grant provided under the program shall be not less than $10,000,000. (6)  Use of tolling. (A)  In general Notwithstanding subsection (a)(1) and section 301 and subject to subparagraphs (B) and (C), the Secretary shall allow the use of tolls on the Interstate System as part of a project carried out with a grant under the program. (B)  Requirements The Secretary may only approve the use of tolls under subparagraph (A) if (i) the eligible entity has authority under State, and if applicable, local, law to assess the applicable toll; (ii) the maximum toll rate for any vehicle class is not greater than the product obtained by multiplying (I) the toll rate for any other vehicle class; and (II) 5; (iii) the toll rates are not charged or varied on the basis of State residency; (iv) the Secretary determines that the use of tolls will enable the eligible entity to achieve the program goals under paragraph (3) without a significant impact to safety or mobility within the urbanized area in which the project is located; and (v) the use of toll revenues complies with subsection (a)(3). (C)  Limitation The Secretary may not approve the use of tolls on the Interstate System under the program in more than 10 urbanized areas. (7)  Financial effects on low-income drivers A project under the program (A) shall include, if appropriate, an analysis of the potential effects of the project on low-income drivers; and (B) may include mitigation measures to deal with any potential adverse financial effects on low-income drivers. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 902 Pub. L. 86657 July 14, 1960 74 Stat. 523 Pub. L. 90495,  28 Aug. 23, 1968 82 Stat. 829 Pub. L. 91605, title I Dec. 31, 1970 84 Stat. 1732 Pub. L. 92434,  7 Sept. 26, 1972 86 Stat. 732 Pub. L. 9387, title I Aug. 13, 1973 87 Stat. 259 Pub. L. 93643,  108 Jan. 4, 1975 88 Stat. 2284 Pub. L. 94280, title I,  121 May 5, 1976 90 Stat. 438 Pub. L. 95599, title I,  120 Nov. 6, 1978 92 Stat. 2700 Pub. L. 10017, title I,  120(a) Apr. 2, 1987 101 Stat. 157 Pub. L. 100202,  101 l Dec. 22, 1987 101 Stat. 1329358 Pub. L. 100457, title III Sept. 30, 1988 102 Stat. 2150 Pub. L. 102240, title I,  1012(a) Dec. 18, 1991 105 Stat. 1936 Pub. L. 102388, title IV,  410 Oct. 6, 1992 106 Stat. 1565 Pub. L. 10459, title III,  313(a) Nov. 28, 1995 109 Stat. 585 Pub. L. 105178, title I June 9, 1998 112 Stat. 136 Pub. L. 105206, title IX,  9003(d)(5) July 22, 1998 112 Stat. 840 Pub. L. 10959, title I,  1801(f) Aug. 10, 2005 119 Stat. 1456 Pub. L. 112141, div. A, title I,  1512(a) July 6, 2012 126 Stat. 567 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1346 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 483  Editorial Notes  References in Text For the effective date of title I of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (a)(6), see section 1100 of Pub. L. 102240 section 104 of this title The date of enactment of the MAP21, referred to in subsec. (a)(8), is deemed to be Oct. 1, 2012 Pub. L. 112141 section 101 of this title The date of enactment of this subparagraph and the date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsec. (a)(9)(B)(i), (10), is the date of enactment of div. A of Pub. L. 11758 Nov. 15, 2021 Amendments 2021Subsec. (a)(3)(B)(i). Pub. L. 11758,  11523(1) Subsec. (a)(9). Pub. L. 11758,  11523(2) Subsec. (a)(10), (11). Pub. L. 11758,  11404(b) Subsec. (c). Pub. L. 11758,  11117(a) Subsec. (d). Pub. L. 11758,  11404(a) 2015Subsec. (a)(3)(A). Pub. L. 11494,  1411(a)(1) Subsec. (a)(4). Pub. L. 11494,  1411(a)(2) Subsec. (a)(4)(B). Pub. L. 11494,  1411(a)(3) Subsec. (a)(5) to (8). Pub. L. 11494,  1411(a)(2) Subsec. (a)(9). Pub. L. 11494,  1411(a)(4) Subsec. (a)(10)(C) to (E). Pub. L. 11494,  1411(a)(5) Subsec. (c)(2). Pub. L. 11494,  1112(c)(1) Subsec. (c)(3). Pub. L. 11494,  1112(c)(2) Subsec. (c)(4). Pub. L. 11494,  1112(c)(3) Subsec. (c)(6), (7). Pub. L. 11494,  1112(c)(4) 2012Subsec. (a). Pub. L. 112141 2005Subsec. (c)(5). Pub. L. 10959 1998Subsec. (b). Pub. L. 105178,  1106(c)(1)(C) Subsec. (c)(3). Pub. L. 105178,  1207(a) Subsec. (d). Pub. L. 105178,  1211(f) Pub. L. 105206,  9003(d)(5) 1995Subsec. (a)(5). Pub. L. 10459,  313(a) (5) Limitation on federal share Subsec. (a)(7). Pub. L. 10459,  313(b) (7) Loans Subsec. (c)(5). Pub. L. 10459,  313(c) 1992Subsec. (b). Pub. L. 102388,  410(1) Subsec. (c)(2). Pub. L. 102388,  410(2) 1991Subsec. (a). Pub. L. 102240,  1012(a) Subsec. (b). Pub. L. 102240,  1012(c)(1) June 30, 1968 Subsec. (c). Pub. L. 102240,  1012(c) Subsec. (d). Pub. L. 102240,  1012(c)(1) Subsec. (e). Pub. L. 102240,  1012(c)(1) June 30, 1973 Subsecs. (f), (g). Pub. L. 102240,  1012(c)(2) Subsec. (h). Pub. L. 102240,  1012(c)(1) Jan. 1, 1975 Jan. 1, 1975 Subsec. (i). Pub. L. 102240,  1012(c)(1) Subsec. (j). Pub. L. 102240,  1012(c)(2) Subsec. (k). Pub. L. 102240,  1012(c)(1) 1988Subsec. (j)(1), (3). Pub. L. 100457,  335 Pub. L. 100202,  101 l Subsec. (j)(6). Pub. L. 100457,  326(1) Subsec. (j)(10). Pub. L. 100457,  326(2) 1987Subsec. (j). Pub. L. 10017,  120(a) Subsec. (j)(1). Pub. L. 100202,  101 l Pub. L. 100457,  335 Subsec. (j)(3). Pub. L. 100202,  101 l Pub. L. 100457,  335 Pub. L. 100202,  101 l Pub. L. 100457,  335 Subsec. (k). Pub. L. 10017,  120(b) 1978Subsec. (i). Pub. L. 95599 1976Subsec. (g)(5). Pub. L. 94280 1975Subsec. (g)(5). Pub. L. 93643 1973Subsec. (b). Pub. L. 9387,  118(a) section 104(b)(5) of this title Subsec. (e). Pub. L. 9387,  118(b) Subsecs. (f), (g). Pub. L. 9387,  139 Subsec. (h). Pub. L. 9387,  132 1972Subsec. (a)(3). Pub. L. 92434 1970Subsec. (e). Pub. L. 91605,  133 Subsec. (f). Pub. L. 91605 1968Subsec. (b). Pub. L. 90495 June 30, 1968 1960 Pub. L. 86657,  5(b) Subsec. (c). Pub. L. 86657,  8(a) Subsec. (e). Pub. L. 86657,  5(a) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1998 Amendment Title IX of Pub. L. 105206 Pub. L. 105178 Pub. L. 105178 Pub. L. 105178 July 22, 1998 Pub. L. 105206 section 9016 of Pub. L. 105206 section 101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90495 Aug. 23, 1968 section 37 of Pub. L. 90495 section 101 of this title Electronic Toll Collection Interoperability Requirements Pub. L. 112141, div. A, title I,  1512(b) July 6, 2012 126 Stat. 572 Not later than 4 years after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112141 section 101 of this title Express Lanes Demonstration Program Pub. L. 10959, title I,  1604(b) Aug. 10, 2005 119 Stat. 1250 Pub. L. 11494, div. A, title I,  1419(b) Dec. 4, 2015 129 Stat. 1423  (1)  Definitions In this subsection, the following definitions apply: (A)  Eligible toll facility The term eligible toll facility includes (i) a facility in existence on the date of enactment of this Act [ Aug. 10, 2005 (ii) a facility in existence on the date of enactment of this Act that serves high occupancy vehicles; (iii) a facility modified or constructed after the date of enactment of this Act to create additional tolled lane capacity (including a facility constructed by a private entity or using private funds); and (iv) in the case of a new lane added to a previously non-tolled facility, only the new lane. (B)  Nonattainment area The term nonattainment area has the meaning given that term in section 171 of the Clean Air Act ( 42 U.S.C. 7501 (2)  Demonstration program Notwithstanding sections 129 and 301 of title 23, United States Code, the Secretary [of Transportation] shall carry out 15 demonstration projects during the period of fiscal years 2005 through 2009 to permit States, public authorities, or a [sic] public or private entities designated by States, to collect a toll from motor vehicles at an eligible toll facility for any highway, bridge, or tunnel, including facilities on the Interstate System (A) to manage high levels of congestion; (B) to reduce emissions in a nonattainment area or maintenance area; or (C) to finance the expansion of a highway, for the purpose of reducing traffic congestion, by constructing one or more additional lanes (including bridge, tunnel, support, and other structures necessary for that construction) on the Interstate System. (3)  Limitation on use of revenues. (A)  Use. (i)  In general Toll revenues received under paragraph (2) shall be used by a State, public authority, or private entity designated by a State, for (I) debt service; (II) a reasonable return on investment of any private financing; (III) the costs necessary for proper operation and maintenance of any facilities under paragraph (2) (including reconstruction, resurfacing, restoration, and rehabilitation); or (IV) if the State, public authority, or private entity annually certifies that the tolled facility is being adequately operated and maintained, any other purpose relating to a highway or transit project carried out under title 23 or 49, United States Code. (B)  Requirements. (i)  Variable price requirement A facility that charges tolls under this subsection may establish a toll that varies in price according to time of day or level of traffic, as appropriate to manage congestion or improve air quality. (ii) HOV variable pricing requirement The Secretary [of Transportation] shall require, for each high occupancy vehicle facility that charges tolls under this subsection, that the tolls vary in price according to time of day or level of traffic, as appropriate to manage congestion or improve air quality. (iii) HOV passenger requirements Pursuant to section 166 of title 23 (C)  Agreement. (i)  In general Before the Secretary may permit a facility to charge tolls under this subsection, the Secretary and the applicable State, public authority, or private entity designated by a State shall enter into an agreement for each facility incorporating the conditions described in subparagraphs (A) and (B). (ii)  Termination An agreement under clause (i) shall terminate with respect to a facility upon the decision of the State, public authority, or private entity designated by a State to discontinue the variable tolling program under this subsection for the facility. (iii)  Debt If there is any debt outstanding on a facility at the time at which the decision is made to discontinue the program under this subsection with respect to the facility, the facility may continue to charge tolls in accordance with the terms of the agreement until such time as the debt is retired. (D)  Limitation on federal share The Federal share of the cost of a project on a facility tolled under this subsection, including a project to install the toll collection facility shall be a percentage, not to exceed 80 percent, determined by the applicable State. (4)  Eligibility To be eligible to participate in the program under this subsection, a State, public authority, or private entity designated by a State shall provide to the Secretary [of Transportation] (A) a description of the congestion or air quality problems sought to be addressed under the program; (B) a description of (i) the goals sought to be achieved under the program; and (ii) the performance measures that would be used to gauge the success made toward reaching those goals; and (C) such other information as the Secretary may require. (5)  Automation Fees collected from motorists using an express lane shall be collected only through the use of noncash electronic technology that optimizes the free flow of traffic on the tolled facility. (6)  Interoperability. (A)  In general Not later than 180 days after the date of enactment of this Act [ Aug. 10, 2005 section 149 of this title (B)  Development In developing that rule, which shall be designed to maximize the interoperability of electronic collection systems, the Secretary shall, to the maximum extent practicable (i) seek to accelerate progress toward the national goal of achieving a nationwide interoperable electronic toll collection system; (ii) take into account the use of noncash electronic technology currently deployed within an appropriate geographical area of travel and the noncash electronic technology likely to be in use within the next 5 years; and (iii) seek to minimize additional costs and maximize convenience to users of toll facility and to the toll facility owner or operator. (7)  Reporting. (A)  In general The Secretary [of Transportation], in cooperation with State and local agencies and other program participants and with opportunity for public comment, shall (i) develop and publish performance goals for each express lane project; (ii) establish a program for regular monitoring and reporting on the achievement of performance goals, including (I) effects on travel, traffic, and air quality; (II) distribution of benefits and burdens; (III) use of alternative transportation modes; and (IV) use of revenues to meet transportation or impact mitigation needs. [(B) Repealed. Pub. L. 11494, div. A, title I,  1419(b) Dec. 4, 2015 129 Stat. 1423 Interstate System Construction Toll Pilot Program Pub. L. 11494, div. A, title I,  1411(d) Dec. 4, 2015 129 Stat. 1416 The Secretary [of Transporation] may approve an application submitted under section 1604(c) of SAFETEALU ( Public Law 10959 119 Stat. 1253 Pub. L. 10959, title I,  1604(c) Aug. 10, 2005 119 Stat. 1253  (1)  Establishment The Secretary [of Transportation] shall establish and implement an Interstate System construction toll pilot program under which the Secretary, notwithstanding sections 129 and 301 of title 23, United States Code, may permit a State or an interstate compact of States to collect tolls on a highway, bridge, or tunnel on the Interstate System for the purpose of constructing Interstate highways. (2)  Limitation on number of facilities The Secretary [of Transportation] may permit the collection of tolls under this section on three facilities on the Interstate System. (3)  Eligibility To be eligible to participate in the pilot program, a State shall submit to the Secretary [of Transportation] an application that contains, at a minimum, the following: (A) An identification of the facility on the Interstate System proposed to be a toll facility. (B) In the case of a facility that affects a metropolitan area, an assurance that the metropolitan planning organization designated under section 134 or 135 for the area has been consulted concerning the placement and amount of tolls on the facility. (C) An analysis demonstrating that financing the construction of the facility with the collection of tolls under the pilot program is the most efficient and economical way to advance the project. (D) A facility management plan that includes (i) a plan for implementing the imposition of tolls on the facility; (ii) a schedule and finance plan for the construction of the facility using toll revenues; (iii) a description of the public transportation agency that will be responsible for implementation and administration of the pilot program; (iv) a description of whether consideration will be given to privatizing the maintenance and operational aspects of the facility, while retaining legal and administrative control of the portion of the Interstate route; and (v) such other information as the Secretary may require. (4)  Selection criteria The Secretary [of Transportation] may approve the application of a State under paragraph (3) only if the Secretary determines that (A) the States analysis under paragraph (3)(C) is reasonable; (B) the State plan for implementing tolls on the facility takes into account the interests of local, regional, and interstate travelers; (C) the State plan for construction of the facility using toll revenues is reasonable; (D) the State will develop, manage, and maintain a system that will automatically collect the tolls; and (E) the State has given preference to the use of a public toll agency with demonstrated capability to build, operate, and maintain a toll expressway system meeting criteria for the Interstate System. (5)  Prohibition on noncompete agreements Before the Secretary [of Transportation] may permit a State to participate in the pilot program, the State must enter into an agreement with the Secretary that provides that the State will not enter into an agreement with a private person under which the State is prevented from improving or expanding the capacity of public roads adjacent to the toll facility to address conditions resulting from traffic diverted to such roads from the toll facility, including (A) excessive congestion; (B) pavement wear; and (C) an increased incidence of traffic accidents, injuries, or fatalities. (6)  Limitations on use of revenues; audits Before the Secretary [of Transportation] may permit a State to participate in the pilot program, the State must enter into an agreement with the Secretary that provides that (A) all toll revenues received from operation of the toll facility will be used only for (i) debt service; (ii) reasonable return on investment of any private person financing the project; and (iii) any costs necessary for the improvement of and the proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation of the toll facility; and (B) regular audits will be conducted to ensure compliance with subparagraph (A) and the results of such audits will be transmitted to the Secretary. (7)  Limitation on use of interstate maintenance funds During the term of the pilot program, funds apportioned for Interstate maintenance under [former] section 104(b)(4) of title 23 (8)  Program term The Secretary [of Transportation] may approve an application of a State for permission to collect a toll under this section only if the application is received by the Secretary before the last day of the 10-year period beginning on the date of enactment of this Act [ Aug. 10, 2005 (9)  Interstate system defined In this section, the term Interstate System has the meaning such term has under section 101 of title 23 National Ferry Database Pub. L. 10959, title I,  1801(e) Aug. 10, 2005 119 Stat. 1456 Pub. L. 112141, div. A, title I,  1121(b) July 6, 2012 126 Stat. 494 Pub. L. 11494, div. A, title I,  1112(b) Dec. 4, 2015 129 Stat. 1346  (1)  Establishment The Secretary [of Transportation], acting through the Bureau of Transportation Statistics, shall establish and maintain a national ferry database. (2)  Contents The database shall contain current information regarding ferry systems, including information regarding routes, vessels, passengers and vehicles carried, funding sources, including any Federal, State, and local government funding sources, and such other information as the Secretary considers useful. (3)  Update report Using information collected through the database, the Secretary shall periodically modify as appropriate the report submitted under section 1207(c) of the Transportation Equity Act for the 21st Century [ Pub. L. 105178 23 U.S.C. 129 112 Stat. 185186 (4)  Requirements The Secretary shall (A) compile the database not later than 1 year after the date of enactment of this Act [ Aug. 10, 2005 (B) ensure that the database is easily accessible to the public; (C) ensure that the database is consistent with the national transit database maintained by the Federal Transit Administration; and (D) make available, from the amounts made available for each fiscal year to carry out chapter 63 of title 49, not more than $500,000 to maintain the database. Ferry Transportation Study Pub. L. 105178, title I,  1207(c) June 9, 1998 112 Stat. 185  (1)  In general The Secretary shall conduct a study of ferry transportation in the United States and its possessions (A) to identify existing ferry operations, including (i) the locations and routes served; and (ii) the source and amount, if any, of funds derived from Federal, State, or local government sources supporting ferry construction or operations; (B) to identify potential domestic ferry routes in the United States and its possessions and to develop information on those routes; and (C) to identify the potential for use of high-speed ferry services and alternative-fueled ferry services. (2)  Report The Secretary shall submit a report on the results of the study to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. Interstate System Reconstruction and Rehabilitation Pilot Program Pub. L. 105178, title I,  1216(b) June 9, 1998 112 Stat. 212 Pub. L. 11494, div. A, title I,  1411(c) Dec. 4, 2015 129 Stat. 1415  (1)  Establishment The Secretary shall establish and implement an Interstate System reconstruction and rehabilitation pilot program under which the Secretary, notwithstanding sections 129 and 301 of title 23, United States Code, may permit a State to collect tolls on a highway, bridge, or tunnel on the Interstate System for the purpose of reconstructing and rehabilitating Interstate highway corridors that could not otherwise be adequately maintained or functionally improved without the collection of tolls. (2)  Limitation on number of facilities The Secretary may permit the collection of tolls under this subsection on 3 facilities on the Interstate System. Each of such facilities shall be located in a different State. (3)  Eligibility To be eligible to participate in the pilot program, a State shall submit to the Secretary an application that contains, at a minimum, the following: (A) An identification of the facility on the Interstate System proposed to be a toll facility, including the age, condition, and intensity of use of the facility. (B) In the case of a facility that affects a metropolitan area, an assurance that the metropolitan planning organization established under section 134 of title 23 (C) An analysis demonstrating that the facility could not be maintained or improved to meet current or future needs from the States apportionments and allocations made available by this Act [see Tables for classification] (including amendments made by this Act) and from revenues for highways from any other source without toll revenues. (D) A facility management plan that includes (i) a plan for implementing the imposition of tolls on the facility; (ii) a schedule and finance plan for the reconstruction or rehabilitation of the facility using toll revenues; (iii) a description of the public transportation agency that will be responsible for implementation and administration of the pilot program; (iv) a description of whether consideration will be given to privatizing the maintenance and operational aspects of the facility, while retaining legal and administrative control of the portion of the Interstate route; and (v) such other information as the Secretary may require. (4)  Selection criteria The Secretary may approve the application of a State under paragraph (3) only if the Secretary determines that (A) the State is unable to reconstruct or rehabilitate the proposed toll facility using existing apportionments; (B) the facility has a sufficient intensity of use, age, or condition to warrant the collection of tolls; (C) the State plan for implementing tolls on the facility takes into account the interests of local, regional, and interstate travelers; (D) the State plan for reconstruction or rehabilitation of the facility using toll revenues is reasonable; (E) the State has given preference to the use of a public toll agency with demonstrated capability to build, operate, and maintain a toll expressway system meeting criteria for the Interstate System; and (F) the State has the authority required for the project to proceed. (5)  Limitations on use of revenues; audits Before the Secretary may permit a State to participate in the pilot program, the State must enter into an agreement with the Secretary that provides that (A) all toll revenues received from operation of the toll facility will be used only for (i) debt service; (ii) reasonable return on investment of any private person financing the project; and (iii) any costs necessary for the improvement of and the proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation of the toll facility; and (B) regular audits will be conducted to ensure compliance with subparagraph (A) and the results of such audits will be transmitted to the Secretary. (6)  Requirements for project completion. (A)  General term for expiration of provisional application An application provisionally approved by the Secretary under this subsection shall expire 3 years after the date on which the application was provisionally approved if the State has not (i) submitted a complete application to the Secretary that fully satisfies the eligibility criteria under paragraph (3) and the selection criteria under paragraph (4); (ii) completed the environmental review and permitting process under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (iii) executed a toll agreement with the Secretary. (B)  Exceptions to expiration Notwithstanding subparagraph (A), the Secretary may extend the provisional approval for not more than 1 additional year if the State demonstrates material progress toward implementation of the project as evidenced by (i) substantial progress in completing the environmental review and permitting process for the pilot project under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (ii) funding and financing commitments for the pilot project; (iii) expressions of support for the pilot project from State and local governments, community interests, and the public; and (iv) submission of a facility management plan pursuant to paragraph (3)(D). (C)  Conditions for previously provisionally approved applications A State with a provisionally approved application for a pilot project as of the date of enactment of the FAST Act [ Dec. 4, 2015 (7)  Definition In this subsection, the term provisional approval or provisionally approved means the approval by the Secretary of a partial application under this subsection, including the reservation of a slot in the pilot program. (8)  Limitation on use of interstate maintenance funds During the term of the pilot program, funds apportioned for Interstate maintenance under [former] section 104(b)(4) of title 23 (9)  Program term The Secretary shall conduct the pilot program under this subsection for a term to be determined by the Secretary, but not less than 10 years. (10)  Interstate system defined In this subsection, the term Interstate System has the meaning such term has under section 101 of title 23 Continuation of Existing Agreements Pub. L. 102240, title I,  1012(d) Dec. 18, 1991 105 Stat. 1939 Unless modified under section 129(a)(6) [now 129(a)(5)] of such title [this title], as amended by subsection (a) of this section, agreements entered into under section 119(e) or 129 of such title before the effective date of this title [ Dec. 18, 1991 Construction of Ferry Boats and Ferry Terminal Facilities Pub. L. 102240, title I,  1064 Dec. 18, 1991 105 Stat. 2005 Pub. L. 102388, title III,  332 Oct. 6, 1992 106 Stat. 1550 Pub. L. 105178, title I,  1207(b) June 9, 1998 112 Stat. 185 section 129(c) of this title Pub. L. 10959, title I,  1801(c) Aug. 10, 2005 119 Stat. 1456 section 147 of this title Study To Determine Extent of Bonded Indebtedness of States for Construction of Toll Roads Incorporated Into Interstate System Pub. L. 95599, title I,  164 Nov. 6, 1978 92 Stat. 2721 Pub. L. 96106,  16 Nov. 19, 1979 93 Stat. 798 July 1, 1980 Jan. 1, 1979 June 29, 1956 Richmond-Petersburg Turnpike Pub. L. 91605, title I,  131 Dec. 31, 1970 84 Stat. 1732 The Secretary of Transportation is authorized to amend any agreement heretofore entered into under the provisions of section 129(d) of title 23 Dec. 31, 1970 Dec. 31, 1970  130. Railway-highway crossings (a) Subject to section 120 and subsection (b) of this section, the entire cost of construction of projects for the elimination of hazards of railway-highway crossings, including the separation or protection of grades at crossings, the reconstruction of existing railroad grade crossing structures, the relocation of highways to eliminate grade crossings, and projects at grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains, may be paid from sums apportioned in accordance with section 104 of this title section 104 of this title (b) The Secretary may classify the various types of projects involved in the elimination of hazards of railway-highway crossings, and may set for each such classification a percentage of the costs of construction which shall be deemed to represent the net benefit to the railroad or railroads for the purpose of determining the railroads share of the cost of construction. The percentage so determined shall in no case exceed 10 per centum. The Secretary shall determine the appropriate classification of each project. (c) Any railroad involved in a project for the elimination of hazards of railway-highway crossings paid for in whole or in part from sums made available for expenditure under this title, or prior Acts, shall be liable to the United States for the net benefit to the railroad determined under the classification of such project made pursuant to subsection (b) of this section. Such liability to the United States may be discharged by direct payment to the State transportation department of the State in which the project is located, in which case such payment shall be credited to the cost of the project. Such payment may consist in whole or in part of materials and labor furnished by the railroad in connection with the construction of such project. If any such railroad fails to discharge such liability within a six-month period after completion of the project, it shall be liable to the United States for its share of the cost, and the Secretary shall request the Attorney General to institute proceedings against such railroad for the recovery of the amount for which it is liable under this subsection. The Attorney General is authorized to bring such proceedings on behalf of the United States, in the appropriate district court of the United States, and the United States shall be entitled in such proceedings to recover such sums as it is considered and adjudged by the court that such railroad is liable for in the premises. Any amounts recovered by the United States under this subsection shall be credited to miscellaneous receipts. (d)  Survey and Schedule of Projects Each State shall conduct and systematically maintain a survey of all highways to identify those railroad crossings which may require separation, relocation, or protective devices, and establish and implement a schedule of projects for this purpose. At a minimum, such a schedule shall provide signs for all railway-highway crossings. (e)  Funds for Railway-Highway Grade Crossings. (1)  In general. (A)  Set aside Before making an apportionment under section 104(b)(3) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, for the elimination of hazards, the installation of protective devices at railway-highway crossings, the replacement of functionally obsolete warning devices, and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2022 through 2026. (B)  Reducing trespassing fatalities and injuries A State may use funds set aside under subparagraph (A) for projects to reduce pedestrian fatalities and injuries from trespassing at grade crossings. (C)  Obligation availability Sums set aside each fiscal year under subparagraph (A) shall be available for obligation in the same manner as funds apportioned under section 104(b)(1). (2)  Special rule If a State demonstrates to the satisfaction of the Secretary that the State has met all its needs for installation of protective devices at railway-highway crossings, the State may use funds made available by this section for other highway safety improvement program purposes. (f)  Apportionment. (1)  Formula Fifty percent of the funds set aside to carry out this section pursuant to subsection (e)(1) shall be apportioned to the States in accordance with the formula set forth in section 104(b)(3)(A) as in effect on the day before the date of enactment of the MAP21, and 50 percent of such funds shall be apportioned to the States in the ratio that total public railway-highway crossings in each State bears to the total of such crossings in all States. (2)  Minimum apportionment Notwithstanding paragraph (1), each State shall receive a minimum of one-half of 1 percent of the funds apportioned under paragraph (1). (3)  Federal share The Federal share payable on account of any project financed with funds set aside to carry out this section shall be 100 percent of the cost thereof. (g)  Annual Report. (1)  In general Not later than August 31 of each year, each State shall submit a report to the Administrator of the Federal Highway Administration that describes (A) the progress being made to implement the railway-highway crossings program authorized under this section; and (B) the effectiveness of the improvements made as a result of such implementation. (2)  Contents Each report submitted pursuant to paragraph (1) shall contain an assessment of (A) the costs of the various treatments employed by the State to implement the railway-highway crossings program; and (B) the effectiveness of such treatments, as measured by the accident experience at the locations that received such treatments. (3)  Coordination Not later than 30 days after the Federal Highway Administrations acceptance of each report submitted pursuant to paragraph (1), the Administrator of the Federal Highway Administration shall make such report available to the Administrator of the Federal Railroad Administration. (h)  Use of Funds for Matching Funds authorized to be appropriated to carry out this section may be used to provide a local government with funds to be used on a matching basis when State funds are available which may only be spent when the local government produces matching funds for the improvement of railway-highway crossings. (i)  Incentive Payments for At-Grade Crossing Closures. (1)  In general Notwithstanding any other provision of this section and subject to paragraphs (2) and (3), a State may, from sums available to the State under this section, make incentive payments to local governments in the State upon the permanent closure by such governments of public at-grade railway-highway crossings under the jurisdiction of such governments. (2)  Incentive payments by railroads A State may not make an incentive payment under paragraph (1) to a local government with respect to the closure of a crossing unless the railroad owning the tracks on which the crossing is located makes an incentive payment to the government with respect to the closure. (3)  Amount of state payment The amount of the incentive payment payable to a local government by a State under paragraph (1) with respect to a crossing may not exceed the lesser of (A) the amount of the incentive payment paid to the government with respect to the crossing by the railroad concerned under paragraph (2); or (B) $100,000. (4)  Use of state payments A local government receiving an incentive payment from a State under paragraph (1) shall use the amount of the incentive payment for transportation safety improvements. (j)  Bicycle Safety In carrying out projects under this section, a State shall take into account bicycle safety. (k)  Expenditure of Funds Not more than 8 percent of funds apportioned to a State to carry out this section may be used by the State for compilation and analysis of data in support of activities carried out under subsection (g). (l)  National Crossing Inventory. (1)  Initial reporting of crossing information Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008 or within 6 months of a new crossing becoming operational, whichever occurs later, each State shall report to the Secretary of Transportation current information, including information about warning devices and signage, as specified by the Secretary, concerning each previously unreported public crossing located within its borders. (2)  Periodic updating of crossing information On a periodic basis beginning not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008 and on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each State shall report to the Secretary current information, including information about warning devices and signage, as specified by the Secretary, concerning each public crossing located within its borders. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 903 Pub. L. 10017, title I,  121(a) Apr. 2, 1987 101 Stat. 159 Pub. L. 10459, title III,  325(a) Nov. 28, 1995 109 Stat. 591 Pub. L. 104205, title III,  353(b) Sept. 30, 1996 110 Stat. 2980 Pub. L. 105178, title I June 9, 1998 112 Stat. 146 Pub. L. 10959, title I,  1401(c) Aug. 10, 2005 119 Stat. 1226 Pub. L. 110244, title I,  101(s)(1) June 6, 2008 122 Stat. 1577 Pub. L. 110244, title I,  101 l June 6, 2008 122 Stat. 1575 Pub. L. 110432, div. A, title II,  204(c) Oct. 16, 2008 122 Stat. 4871 Pub. L. 112141, div. A, title I,  1519(c)(5) July 6, 2012 126 Stat. 575 Pub. L. 11494, div. A, title I,  1446(d)(5)(B) Dec. 4, 2015 129 Stat. 1438 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1338 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 461  Editorial Notes  References in Text Section 104(b)(3)(A) as in effect on the day before the date of enactment of the MAP21, referred to in subsec. (f)(1), means section 104(b)(3)(A) of this title Pub. L. 112141 Oct. 1, 2012 Pub. L. 112141 section 101 of this title The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. ( l Pub. L. 110432 Oct. 16, 2008 Amendments 2021Subsec. (e). Pub. L. 11758,  11108(a)(1) Subsec. (e)(1)(A). Pub. L. 11758,  11108(a)(2)(A) Subsec. (e)(1)(B). Pub. L. 11758,  11108(a)(2)(B) Subsec. (f)(3). Pub. L. 11758,  11108(b) Subsec. (g). Pub. L. 11758,  22403(c) Pub. L. 11758,  11525(f) Subsec. (i)(3)(B). Pub. L. 11758,  11108(c) Subsec. (k). Pub. L. 11758,  11108(d) 2015 Pub. L. 11494,  1446(d)(5)(B) Pub. L. 112141,  1519(c) Subsec. (a). Pub. L. 11494,  1412 Subsec. (e)(1). Pub. L. 11494,  1108 section 104(b)(1) of this title 2012Subsec. (e)(1). Pub. L. 112141,  1519(c)(5)(A) Pub. L. 11494,  1446(d)(5)(B) Subsec. (f)(1). Pub. L. 112141,  1519(c)(5)(B) Pub. L. 11494,  1446(d)(5)(B) Subsec. ( l Pub. L. 112141,  1519(c)(5)(C) Pub. L. 11494,  1446(d)(5)(B) 2008Subsec. (e)(2). Pub. L. 110244,  101 l Subsec. ( l Pub. L. 110432 l 2005Subsec. (e). Pub. L. 10959,  1401(c)(1) Pub. L. 110244,  101(s)(1) In general Subsec. (f). Pub. L. 10959,  1401(c)(2) Pub. L. 110244,  101(s)(1) section 104(b)(2) of this title section 104(b)(6) of this title Subsec. (g). Pub. L. 10959,  1401(c)(3) Pub. L. 110244,  101(s)(1) April 1, 2006 Subsec. (k). Pub. L. 10959,  1401(c)(4) Pub. L. 110244,  101(s)(1) 1998Subsec. (a). Pub. L. 105178,  1111(d) section 120 of this title section 120 of this title Subsec. (c). Pub. L. 105178,  1212(a)(2)(A)(i) Subsec. (j). Pub. L. 105178,  1202(d) 1996Subsec. (i). Pub. L. 104205 1995Subsec. (g). Pub. L. 10459 1987Subsecs. (d) to (h). Pub. L. 10017 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by sections 11108(a)(d) and 11525(f) of Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Except as otherwise provided, amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Pub. L. 11494, div. A, title I,  1446(d) Dec. 4, 2015 129 Stat. 1438 July 6, 2012 Pub. L. 112141 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Federal Share of Costs for Construction To Eliminate Hazards Pub. L. 106246, div. B, title II,  2604 July 13, 2000 114 Stat. 559 Notwithstanding any other provision of law, hereafter, funds apportioned under [former] section 104(b)(3) of title 23 Federal-State Cooperation Pub. L. 10459, title III,  351(b) Nov. 28, 1995 109 Stat. 622  (b)  Safety Enforcement. (1)  Cooperation between federal and state agencies The National Highway Traffic Safety Administration and the Office of Motor Carriers within the Federal Highway Administration shall cooperate and work, on a continuing basis, with the National Association of Governors Highway Safety Representatives, the Commercial Vehicle Safety Alliance, and Operation Lifesaver, Inc., to improve compliance with and enforcement of laws and regulations pertaining to railroad-highway grade crossings. (2)  Report Not later than June 1, 1998 (A) how the Department of Transportation worked with the entities referred to in paragraph (1) to improve the awareness of the highway and commercial vehicle safety and law enforcement communities of regulations and safety challenges at railroad-highway grade crossings; and (B) how resources are being allocated to better address these challenges and enforce such regulations. (c)  Federal-State Partnership. (1)  Statement of policy. (A)  Hazards to safety Certain railroad-highway grade crossings present inherent hazards to the safety of railroad operations and to the safety of persons using those crossings. It is in the public interest (i) to promote grade crossing safety and reduce risk at high risk railroad-highway grade crossings; and (ii) to reduce the number of grade crossings while maintaining the reasonable mobility of the American people and their property, including emergency access. (B)  Effective programs Effective programs to reduce the number of unneeded and unsafe railroad-highway grade crossings require the partnership of Federal, State, and local officials and agencies, and affected railroads. (C)  Highway planning Promotion of a balanced national transportation system requires that highway planning specifically take into consideration grade crossing safety. (2)  Partnership and oversight The Secretary shall encourage each State to make progress toward achievement of the purposes of this subsection. Vehicle Proximity Alert System Pub. L. 102240, title I,  1072 Dec. 18, 1991 105 Stat. 2012 The Secretary shall coordinate the field testing of the vehicle proximity alert system and comparable systems to determine their feasibility for use by priority vehicles as an effective railroad-highway grade crossing safety device. In the event the vehicle proximity alert or a comparable system proves to be technologically and economically feasible, the Secretary shall develop and implement appropriate programs under section 130 of title 23 Railway-Highway Crossing Hazards; National Highway Information Program Funding Pub. L. 100457, title III,  324 Sept. 30, 1988 102 Stat. 2150 Notwithstanding any other provision of law, the Secretary shall make available $250,000 per year for a national public information program to educate the public of the inherent hazard at railway-highway crossings. Such funds shall be made available out of funds authorized to be appropriated out of the Highway Trust Fund, pursuant to section 130 of title 23 Similar provisions were contained in the following prior appropriation act: Pub. L. 100202,  101 l Dec. 22, 1987 101 Stat. 1329358 Railroad-Highway Crossings Study and Report Pub. L. 10017, title I,  159 Apr. 2, 1987 101 Stat. 211 Apr. 2, 1987 Study and Investigation of Alleviation of Environmental, Social, etc., Impacts of Increased Unit Train Traffic Pub. L. 95599, title I,  162 Nov. 6, 1978 92 Stat. 2720 Mar. 31, 1979 Demonstration Project, Railroad-Highway Crossings; Reports to President and Congress; Appropriations Authorization; Highway Safety Study, Report to Congress Pub. L. 9387, title I,  163 Aug. 13, 1973 87 Stat. 280 Pub. L. 93643,  104 Jan. 4, 1975 88 Stat. 2282 Pub. L. 94280, title I,  140(a) May 5, 1976 90 Stat. 444 Pub. L. 95599, title I,  134(a) Nov. 6, 1978 92 Stat. 2709 Pub. L. 96470, title II,  209(b) Oct. 19, 1980 94 Stat. 2245 Pub. L. 97424, title I,  151 Jan. 6, 1983 96 Stat. 2132 Pub. L. 10017, title I Apr. 2, 1987 101 Stat. 172 Pub. L. 100202,  101 l Dec. 22, 1987 101 Stat. 1329358 Pub. L. 102240, title I,  1037 Dec. 18, 1991 105 Stat. 1987 Pub. L. 10466, title I,  1121(e) Dec. 21, 1995 109 Stat. 724  (a) (1) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out demonstration projects in Lincoln, Nebraska, Wheeling, West Virginia, and Elko, Nevada, for the relocation of railroad lines from the central area of the cities in conformance with the methodology developed under proposals submitted to the Secretary by the respective cities. The cities shall (1) have a local agency with legal authority to relocate railroad facilities, levy taxes for such purpose, and a record of prior accomplishment; and (2) have a current relocation plan for such lines which has a favorable benefit-cost ratio involving and having the unanimous approval of three or more class 1 railroads in Lincoln, Nebraska, and the two class 1 railroads in Wheeling, West Virginia, and Elko, Nevada, and multicivic, local, and State agencies, and which provides for the elimination of a substantial number of the existing railway-road conflict points within the city. (2) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in Lafayette, Indiana, for relocation of railroad lines from the central area of the city. There are authorized to be appropriated to carry out this paragraph $360,000 for the fiscal year ending June 30, 1975 (b) The Secretary of Transportation shall carry out a demonstration project for the elimination or protection of certain public ground-level rail-highway crossings in, or in the vicinity of, Springfield, Illinois. (c) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out demonstration projects in Brownsville, Texas, and Matamoros, Mexico, for the relocation of railroad lines from the central area of the cities in conformance with the methodology developed under proposals submitted to the Secretary by the Brownsville Navigation District, providing for the construction of an international bridge and for the elimination of a substantial number of existing railway-road conflict points within the cities. (d) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in East Saint Louis, Illinois, for the relocation of rail lines between Thirteenth and Forty-third Streets, in accordance with methodology approved by the Secretary. The Secretary of Transportation shall carry out a demonstration project for the relocation of rail lines in the vicinity of Carbondale, Illinois. (e) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in New Albany, Indiana, for the elimination of the existing rail loop and relocation of rail lines to a location between Vincennes Street and East Eighth Street, in accordance with methodology approved by the Secretary. (f) The Secretary of Transportation shall carry out demonstration projects for the construction of an overpass at the rail-highway grade crossing on Cottage Grove Avenue between One Hundred Forty-second Street and One Hundred Thirty-eighth Street in the village of Dolton, Illinois, and the construction of an overpass at the rail-highway grade crossing at Vermont Street and the Rock Island Railroad tracks in the city of Blue Island, Illinois. (g) The Secretary of Transportation shall carry out a demonstration project for the elimination of the ground level railroad highway crossing on United States Route 69 in Greenville, Texas. (h) The Secretary of Transportation shall carry out a demonstration project in Anoka, Minnesota, for the construction of an underpass at the Seventh Avenue and County Road 7 railroad-highway grade crossing. (i) The Secretary of Transportation shall carry out a demonstration project in Metairie, Jefferson Parish, Louisiana, for the relocation or grade separation of rail lines whichever he deems most feasible in order to eliminate certain grade level railroad highway crossings. (j) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in Augusta, Georgia, for the relocation of railroad lines and for the purpose of eliminating highway railroad grade crossings. (k) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in Pine Bluff, Arkansas, for the relocation of railroad lines for the purpose of eliminating highway railroad grade crossings. (l) The Secretary of Transportation shall carry out a demonstration project in Sherman, Texas, for the relocation of rail lines in order to eliminate the ground level railroad crossing at the crossing of the Southern Pacific and Frisco Railroads with Grand Avenue-Roberts Road. (m) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in Hammond, Indiana, for the relocation of railroad lines for the purposes of eliminating highway railroad grade crossings. (n) The Federal share payable on account of such projects shall be the Federal share provided in section 120(a) of title 23 section 134 of Pub. L. 95599 Nov. 6, 1978 92 Stat. 2709 [(o) Repealed. Pub. L. 10466, title I,  1121(e) Dec. 21, 1995 109 Stat. 724 (p) There is authorized to be appropriated to carry out this section (other than subsection ( l June 30, 1974 June 30, 1975 June 30, 1976 July 1, 1976 September 30, 1976 September 30, 1977 September 30, 1978 September 30, 1979 September 30, 1980 September 30, 1981 September 30, 1982 September 30, 1983 September 30, 1984 September 30, 1985 September 30, 1986 September 30, 1985 (q) The Secretary, in cooperation with State highway departments and local officials, shall conduct a full and complete investigation and study of the problem of providing increased highway safety by the relocation of railroad lines from the central area of cities on a nationwide basis, and report to the Congress his recommendations resulting from such investigation and study not later than July 1, 1975 section 307 of title 23 Demonstration Project, Railroad-Highway Crossings; Inclusion of Projects at Terre Haute, Indiana Pub. L. 94387, title I,  101 Aug. 14, 1976 90 Stat. 1176 That section 163 of Public Law 9387 Railroad-Highway Crossings Pub. L. 9387, title II,  203 Aug. 13, 1973 87 Stat. 283 Pub. L. 94280, title II,  203 May 5, 1976 90 Stat. 452 Pub. L. 95599, title II,  203 Nov. 6, 1978 92 Stat. 2728 Pub. L. 96470, title II,  209(d) Oct. 19, 1980 94 Stat. 2245 Pub. L. 97327,  5(b) Oct. 15, 1982 96 Stat. 1612 Pub. L. 97424, title II,  205 Jan. 6, 1983 96 Stat. 2139 Pub. L. 10017, title I,  121(b) Apr. 2, 1987 101 Stat. 160 Highway authorizations provisions of section 104(a)(1) and (2) of Pub. L. 9387, title I Aug. 13, 1973 87 Stat. 251 section 203(d) of Pub. L. 9387  (a) For the purpose of carrying out the provisions of title 23, United States Code, the following sums are hereby authorized to be appropriated: (1) For the Federal-aid primary system in rural areas, out of the Highway Trust Fund, $680,000,000 for the fiscal year ending June 30, 1974 June 30, 1975 June 30, 1976 June 30, 1974 June 30, 1975 June 30, 1976 (2) For the Federal-aid urban system, out of the Highway Trust Fund, $780,000,000 for the fiscal year ending June 30, 1974 June 30, 1975 June 30, 1976 June 30, 1974 June 30, 1975 June 30, 1976  131. Control of outdoor advertising (a) The Congress hereby finds and declares that the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to the Interstate System and the primary system should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty. (b) Federal-aid highway funds apportioned on or after January 1, 1968 January 1, 1975 section 104 of this title (c) Effective control means that such signs, displays, or devices after January 1, 1968 July 1, 1975 October 22, 1965 (d) In order to promote the reasonable, orderly and effective display of outdoor advertising while remaining consistent with the purposes of this section, signs, displays, and devices whose size, lighting and spacing, consistent with customary use is to be determined by agreement between the several States and the Secretary, may be erected and maintained within six hundred and sixty feet of the nearest edge of the right-of-way within areas adjacent to the Interstate and primary systems which are zoned industrial or commercial under authority of State law, or in unzoned commercial or industrial areas as may be determined by agreement between the several States and the Secretary. The States shall have full authority under their own zoning laws to zone areas for commercial or industrial purposes, and the actions of the States in this regard will be accepted for the purposes of this Act. Whenever a bona fide State, county, or local zoning authority has made a determination of customary use, such determination will be accepted in lieu of controls by agreement in the zoned commercial and industrial areas within the geographical jurisdiction of such authority. Nothing in this subsection shall apply to signs, displays, and devices referred to in clauses (2) and (3) of subsection (c) of this section. (e) Any sign, display, or device lawfully in existence along the Interstate System or the Federal-aid primary system on September 1, 1965 July 1, 1970 (f) The Secretary shall, in consultation with the States, provide within the rights-of-way for areas at appropriate distances from interchanges on the Interstate System, on which signs, displays, and devices giving specific information in the interest of the traveling public may be erected and maintained. The Secretary may also, in consultation with the States, provide within the rights-of-way of the primary system for areas in which signs, displays, and devices giving specific information in the interest of the traveling public may be erected and maintained. Such signs shall conform to national standards to be promulgated by the Secretary. (g) Just compensation shall be paid upon the removal of any outdoor advertising sign, display, or device lawfully erected under State law and not permitted under subsection (c) of this section, whether or not removed pursuant to or because of this section. The Federal share of such compensation shall be 75 per centum. Such compensation shall be paid for the following: (A) The taking from the owner of such sign, display, or device of all right, title, leasehold, and interest in such sign, display, or device; and (B) The taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain such signs, displays, and devices thereon. (h) All public lands or reservations of the United States which are adjacent to any portion of the Interstate System and the primary system shall be controlled in accordance with the provisions of this section and the national standards promulgated by the Secretary. (i) In order to provide information in the specific interest of the traveling public, the State transportation departments are authorized to maintain maps and to permit information directories and advertising pamphlets to be made available at safety rest areas. Subject to the approval of the Secretary, a State may also establish information centers at safety rest areas and other travel information systems within the rights-of-way for the purpose of informing the public of places of interest within the State and providing such other information as a State may consider desirable. The Federal share of the cost of establishing such an information center or travel information system shall be that which is provided in section 120 for a highway project on that Federal-aid system to be served by such center or system. A State may permit the installation of signs that acknowledge the sponsorship of rest areas within such rest areas or along the main traveled way of the system, provided that such signs shall not affect the safe and efficient utilization of the Interstate System and the primary system. The Secretary shall establish criteria for the installation of such signs on the main traveled way, including criteria pertaining to the placement of rest area sponsorship acknowledgment signs in relation to the placement of advance guide signs for rest areas. (j) Any State transportation department which has, under this section as in effect on June 30, 1965 Provided (k) Subject to compliance with subsection (g) of this section for the payment of just compensation, nothing in this section shall prohibit a State from establishing standards imposing stricter limitations with respect to signs, displays, and devices on the Federal-aid highway systems than those established under this section. (l) Not less than sixty days before making a final determination to withhold funds from a State under subsection (b) of this section, or to do so under subsection (b) of section 136, or with respect to failing to agree as to the size, lighting, and spacing of signs, displays, and devices or as to unzoned commercial or industrial areas in which signs, displays, and devices may be erected and maintained under subsection (d) of this section, or with respect to failure to approve under subsection (g) of section 136, the Secretary shall give written notice to the State of his proposed determination and a statement of the reasons therefor, and during such period shall give the State an opportunity for a hearing on such determination. Following such hearing the Secretary shall issue a written order setting forth his final determination and shall furnish a copy of such order to the State. Within forty-five days of receipt of such order, the State may appeal such order to any United States district court for such State, and upon the filing of such appeal such order shall be stayed until final judgment has been entered on such appeal. Summons may be served at any place in the United States. The court shall have jurisdiction to affirm the determination of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the United States court of appeals for the circuit in which the State is located and to the Supreme Court of the United States upon certiorari or certification as provided in title 28, United States Code, section 1254. If any part of an apportionment to a State is withheld by the Secretary under subsection (b) of this section or subsection (b) of section 136, the amount so withheld shall not be reapportioned to the other States as long as a suit brought by such State under this subsection is pending. Such amount shall remain available for apportionment in accordance with the final judgment and this subsection. Funds withheld from apportionment and subsequently apportioned or reapportioned under this section shall be available for expenditure for three full fiscal years after the date of such apportionment or reapportionment as the case may be. (m) There is authorized to be appropriated to carry out the provisions of this section, out of any money in the Treasury not otherwise appropriated, not to exceed $20,000,000 for the fiscal year ending June 30, 1966 June 30, 1967 June 30, 1970 June 30, 1971 June 30, 1972 June 30, 1973 June 30, 1967 section 104 of this title (n) No sign, display, or device shall be required to be removed under this section if the Federal share of the just compensation to be paid upon removal of such sign, display, or device is not available to make such payment. Funds apportioned to a State under section 104 of this title (o) The Secretary may approve the request of a State to permit retention in specific areas defined by such State of directional signs, displays, and devices lawfully erected under State law in force at the time of their erection which do not conform to the requirements of subsection (c), where such signs, displays, and devices are in existence on the date of enactment of this subsection and where the State demonstrates that such signs, displays, and devices (1) provide directional information about goods and services in the interest of the traveling public, and (2) are such that removal would work a substantial economic hardship in such defined area. (p) In the case of any sign, display, or device required to be removed under this section prior to the date of enactment of the Federal-Aid Highway Act of 1974, which sign, display, or device was after its removal lawfully relocated and which as a result of the amendments made to this section by such Act is required to be removed, the United States shall pay 100 per centum of the just compensation for such removal (including all relocation costs). (q) (1) During the implementation of State laws enacted to comply with this section, the Secretary shall encourage and assist the States to develop sign controls and programs which will assure that necessary directional information about facilities providing goods and services in the interest of the traveling public will continue to be available to motorists. To this end the Secretary shall restudy and revise as appropriate existing standards for directional signs authorized under subsections 131(c)(1) and 131(f) to develop signs which are functional and esthetically compatible with their surroundings. He shall employ the resources of other Federal departments and agencies, including the National Endowment for the Arts, and employ maximum participation of private industry in the development of standards and systems of signs developed for those purposes. (2) Among other things the Secretary shall encourage States to adopt programs to assure that removal of signs providing necessary directional information, which also were providing directional information on June 1, 1972 (r)  Removal of Illegal Signs. (1)  By owners Any sign, display, or device along the Interstate System or the Federal-aid primary system which was not lawfully erected, shall be removed by the owner of such sign, display, or device not later than the 90th day following the effective date of this subsection. (2)  By states If any owner does not remove a sign, display, or device in accordance with paragraph (1), the State within the borders of which the sign, display, or device is located shall remove the sign, display, or device. The owner of the removed sign, display, or device shall be liable to the State for the costs of such removal. Effective control under this section includes compliance with the first sentence of this paragraph. (s)  Scenic Byway Prohibition If a State has a scenic byway program, the State may not allow the erection along any highway on the Interstate System or Federal-aid primary system which before, on, or after the effective date of this subsection, is designated as a scenic byway under such program of any sign, display, or device which is not in conformance with subsection (c) of this section. Control of any sign, display, or device on such a highway shall be in accordance with this section. In designating a scenic byway for purposes of this section and section 1047 of the Intermodal Surface Transportation Efficiency Act of 1991, a State may exclude from such designation any segment of a highway that is inconsistent with the States criteria for designating State scenic byways. Nothing in the preceding sentence shall preclude a State from signing any such excluded segment, including such segment on a map, or carrying out similar activities, solely for purposes of system continuity. (t)  Primary System Defined For purposes of this section, the terms primary system and Federal-aid primary system mean the Federal-aid primary system in existence on June 1, 1991 ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 904 Pub. L. 86342, title I,  106 Sept. 21, 1959 73 Stat. 612 Pub. L. 8761, title I,  106 June 29, 1961 75 Stat. 123 Pub. L. 88157,  5 Oct. 24, 1963 77 Stat. 277 Pub. L. 89285, title I,  101 Oct. 22, 1965 79 Stat. 1028 Pub. L. 89574,  8(a) Sept. 13, 1966 80 Stat. 768 Pub. L. 90495,  6(a) Aug. 23, 1968 82 Stat. 817 Pub. L. 91605, title I,  122(a) Dec. 31, 1970 84 Stat. 1726 Pub. L. 93643,  109 Jan. 4, 1975 88 Stat. 2284 Pub. L. 94280, title I,  122 May 5, 1976 90 Stat. 438 Pub. L. 95599, title I Nov. 6, 1978 92 Stat. 2700 Pub. L. 96106,  6 Nov. 9, 1979 93 Stat. 797 Pub. L. 102240, title I,  1046(a) Dec. 18, 1991 105 Stat. 1995 Pub. L. 102302,  104 June 22, 1992 106 Stat. 253 Pub. L. 10459, title III,  314 Nov. 28, 1995 109 Stat. 586 Pub. L. 105178, title I,  1212(a)(2)(A) June 9, 1998 112 Stat. 193 Pub. L. 112141, div. A, title I July 6, 2012 126 Stat. 576 Pub. L. 11494, div. A, title I,  1446(d)(5)(B) Dec. 4, 2015 129 Stat. 1438  Editorial Notes  References in Text This Act, referred to in subsec. (d), probably means Pub. L. 89285 Oct. 22, 1965 79 Stat. 1028 section 136 of this title section 136 of this title The date of enactment of this subsection, referred to in subsec. ( o May 5, 1976 Pub. L. 94280 The date of enactment of the Federal-Aid Highway Act of 1974, referred to in subsec. (p), means Jan. 3, 1975 Pub. L. 93643 For the effective date of this subsection, referred to in subsecs. (r)(1) and (s), see the Effective Date of 1991 Amendment note set out below. Section 1047 of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (s), is section 1047 of Pub. L. 102240 section 101 of this title Amendments 2015Subsec. (m). Pub. L. 11494 Pub. L. 112141,  1519(c) 2012Subsec. (i). Pub. L. 112141,  1539(b) Subsec. (m). Pub. L. 112141,  1519(c)(6) Pub. L. 11494,  1446(d)(5)(B) 1998Subsec. (i). Pub. L. 105178,  1212(a)(2)(A)(ii) Subsec. (j). Pub. L. 105178,  1212(a)(2)(A)(i) 1995Subsec. (s). Pub. L. 10459 1992Subsec. (n). Pub. L. 102302 section 104 of this title 1991Subsec. (m). Pub. L. 102240,  1046(a) section 104 of this title Subsecs. (r) to (t). Pub. L. 102240,  1046(b) 1979Subsec. (c)(5). Pub. L. 96106 1978Subsec. (c). Pub. L. 95599 Subsec. (g). Pub. L. 95599,  122(a) Subsec. (j). Pub. L. 95599,  122(d) Subsec. (k). Pub. L. 95599,  122(b) 1976Subsec. (f). Pub. L. 94280,  122(a) Subsec. (i). Pub. L. 94280,  122(c) section 120 of this title Subsecs. ( o Pub. L. 94280,  122(b) o 1975Subsec. (b). Pub. L. 93643,  109(a) Jan. 1, 1975 Subsec. (c). Pub. L. 93643,  109(b) January 1, 1968 July 1, 1975 January 1, 1968 Subsec. (g). Pub. L. 93643,  109(c) Oct. 22, 1965 Oct. 22, 1965 Jan. 1, 1968 Jan. 1, 1968 1970Subsec. (m). Pub. L. 91605 June 30, 1971 1968Subsec. (d). Pub. L. 90495,  6(a) Subsec. (j). Pub. L. 90495,  6(b) Subsec. (m). Pub. L. 90495,  6(c) June 30, 1970 Subsec. (n). Pub. L. 90495,  6(d) 1966Subsec. (m). Pub. L. 89574 June 30, 1967 1965Subsec. (a). Pub. L. 89285 Subsec. (b). Pub. L. 89285 January 1, 1968 Subsec. (c). Pub. L. 89285 July 1, 1965 Subsec. (d). Pub. L. 89285 Subsec. (e). Pub. L. 89285 Subsecs. (f) to (m). Pub. L. 89285 1963Subsec. (c). Pub. L. 88157 July 1, 1965 July 1, 1963 1961Subsec. (c). Pub. L. 8761 July 1, 1963 July 1, 1961 1959Subsec. (b). Pub. L. 86342 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Pub. L. 11494, div. A, title I,  1446(d) Dec. 4, 2015 129 Stat. 1438 July 6, 2012 Pub. L. 112141 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90495 Aug. 23, 1968 section 37 of Pub. L. 90495 section 101 of this title Service Club, Charitable Association, or Religious Service Signs Pub. L. 11494, div. A, title I,  1425 Dec. 4, 2015 129 Stat. 1425  Notwithstanding section 131 of title 23 (1) that exists on the date of enactment of this Act [ Dec. 4, 2015 (2) the area of which is less than or equal to 32 square feet. Study of State Practices on Specific Service Signing Pub. L. 105178, title I,  1213(g) June 9, 1998 112 Stat. 202 June 9, 1998 Effect of 1991 Amendment on State Compliance Laws or Regulations Pub. L. 102240, title I,  1046(d) Dec. 18, 1991 105 Stat. 1996 The amendments made by this section [amending this section] shall not affect the status or validity of any existing compliance law or regulation adopted by a State pursuant to section 131 of title 23 Use of Tourist Oriented Directional Signs Pub. L. 102240, title I,  1059 Dec. 18, 1991 105 Stat. 2003  (a)  In General The Secretary shall encourage the States to provide for equitable participation in the use of tourist oriented directional signs or logo signs along the Interstate System and the Federal-aid primary system (as defined under section 131(t) of title 23 (b)  Study Not later than 1 year after the effective date of this title [ Dec. 18, 1991 Highway Beautification Commission Pub. L. 91605, title I,  123 Dec. 31, 1970 84 Stat. 1727 Pub. L. 936 Feb. 16, 1973 87 Stat. 6 Dec. 31, 1973 Comprehensive Study on Highway Beautification Programs Pub. L. 89285, title III,  302 Oct. 22, 1965 79 Stat. 1032 Pub. L. 89285 June 30, 1967 Pub. L. 89285 Pub. L. 89285 Jan. 10, 1967 Standards, Criteria, Rules and Regulations Pub. L. 89285, title III,  303 Oct. 22, 1965 79 Stat. 1033 section 136 of this title Jan. 10, 1967 Acquisition of Dwellings Pub. L. 89285, title III,  305 Oct. 22, 1965 79 Stat. 1033 Nothing in this Act or the amendments made by this Act [amending this section and section 319 of this title section 136 of this title Taking of Private Property Without Just Compensation Pub. L. 89285, title IV,  401 Oct. 22, 1965 79 Stat. 1033 Nothing in this Act or the amendments made by this Act [amending this section and section 319 of this title section 136 of this title Authorization of Additional Appropriations for Administrative Expenses Pub. L. 89285, title IV,  402 Oct. 22, 1965 79 Stat. 1033 Pub. L. 97449,  2(a) Jan. 12, 1983 96 Stat. 2439 In addition to any other amounts authorized by this Act and the amendments made by this Act [amending this section and section 319 of this title section 136 of this title  132. Payments on Federal-aid projects undertaken by a Federal agency (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 States 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. 86657,  4(a) July 14, 1960 74 Stat. 522 Pub. L. 10959, title I,  1119(b) Aug. 10, 2005 119 Stat. 1182  Editorial Notes Amendments 2005 Pub. L. 10959  133. Surface transportation block grant program (a)  Establishment The Secretary shall establish a surface transportation block grant program in accordance with this section to provide flexible funding to address State and local transportation needs. (b)  Eligible Projects Funds apportioned to a State under section 104(b)(2) for the surface transportation block grant program may be obligated for the following: (1) Construction of (A) highways, bridges, tunnels, including designated routes of the Appalachian development highway system and local access roads under section 14501 of title 40 (B) ferry boats and terminal facilities (i) that are eligible for funding under section 129(c); or (ii) that are privately or majority-privately owned, but that the Secretary determines provide a substantial public transportation benefit or otherwise meet the foremost needs of the surface transportation system described in section 101(b)(3)(D); (C) transit capital projects eligible for assistance under chapter 53 of title 49; (D) infrastructure-based intelligent transportation systems capital improvements, including the installation of vehicle-to-infrastructure communication equipment; (E) truck parking facilities eligible for funding under section 1401 of MAP21 ( 23 U.S.C. 137 (F) border infrastructure projects eligible for funding under section 1303 of SAFETEALU ( 23 U.S.C. 101 (G) wildlife crossing structures. (2) Operational improvements and capital and operating costs for traffic monitoring, management, and control facilities and programs. (3) Environmental measures eligible under sections 119(g), 148(a)(4)(B)(xvii), 328, and 329 and transportation control measures listed in section 108(f)(1)(A) (other than clause (xvi) of that section) of the Clean Air Act ( 42 U.S.C. 7408(f)(1)(A) (5)  1 1 (6) Fringe and corridor parking facilities and programs in accordance with section 137 and carpool projects in accordance with section 146. (7) Recreational trails projects eligible for funding under section 206 including the maintenance and restoration of existing recreational trails,, 2 2 42 U.S.C. 12101 (8) Planning, design, or construction of boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways. (9) Development and implementation of a State asset management plan for the National Highway System and a performance-based management program for other public roads. (10) Protection (including painting, scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) for bridges (including approaches to bridges and other elevated structures) and tunnels on public roads, and inspection and evaluation of bridges and tunnels and other highway assets. (11) Surface transportation planning programs, highway and transit research and development and technology transfer programs, and workforce development, training, and education under chapter 5 of this title. (12) Surface transportation infrastructure modifications to facilitate direct intermodal interchange, transfer, and access into and out of a port terminal. (13) Projects and strategies designed to support congestion pricing, including electronic toll collection and travel demand management strategies and programs. (14) Projects and strategies designed to reduce the number of wildlife-vehicle collisions, including project-related planning, design, construction, monitoring, and preventative maintenance. (15) The installation of electric vehicle charging infrastructure and vehicle-to-grid infrastructure. (16) The installation and deployment of current and emerging intelligent transportation technologies, including the ability of vehicles to communicate with infrastructure, buildings, and other road users. (17) Planning and construction of projects that facilitate intermodal connections between emerging transportation technologies, such as magnetic levitation and hyperloop. (18) Protective features, including natural infrastructure, to enhance the resilience of a transportation facility otherwise eligible for assistance under this section. (19) Measures to protect a transportation facility otherwise eligible for assistance under this section from cybersecurity threats. (20) At the request of a State, and upon Secretarial approval of credit assistance under chapter 6, subsidy and administrative costs necessary to provide an eligible entity Federal credit assistance under chapter 6 with respect to a project eligible for assistance under this section. (21) The creation and operation by a State of an office to assist in the design, implementation, and oversight, including conducting value for money analyses or similar comparative analyses, of public-private partnerships eligible to receive funding under this title and chapter 53 of title 49, and the payment of a stipend to unsuccessful private bidders to offset their proposal development costs, if necessary to encourage robust competition in public-private partnership procurements. (22) Any type of project eligible under this section as in effect on the day before the date of enactment of the FAST Act, including projects described under section 101(a)(29) as in effect on such day. (23) Rural barge landing, dock, and waterfront infrastructure projects in accordance with subsection (j). (24) Projects to enhance travel and tourism. (c)  Location of Projects A surface transportation block grant project may not be undertaken on a road functionally classified as a local road or a rural minor collector unless the road was on a Federal-aid highway system on January 1, 1991 (1) for a bridge or tunnel project (other than the construction of a new bridge or tunnel at a new location); (2) for a project described in paragraphs (5) through (15) and paragraph (23) of subsection (b); (3) for a project described in section 101(a)(29), as in effect on the day before the date of enactment of the FAST Act; (4) for a bridge project for the replacement of a low water crossing (as defined by the Secretary) with a bridge; and (5) as approved by the Secretary. (d)  Allocations of Apportioned Funds to Areas Based on Population. (1)  Calculation Of the funds apportioned to a State under section 104(b)(2) (after the set aside of funds under subsection (h)) (A) 55 percent for each of fiscal years 2022 through 2026 shall be obligated under this section, in proportion to their relative shares of the population of the State (i) in urbanized areas of the State with an urbanized area population of over 200,000; (ii) in urbanized areas of the State with an urbanized area population of not less than 50,000 and not more than 200,000; (iii) in urban areas of the State with a population not less than 5,000 and not more than 49,999; and (iv) in other areas of the State with a population less than 5,000; and (B) the remainder may be obligated in any area of the State. (2)  Metropolitan areas Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area. (3)  Local consultation. (A)  Consultation with metropolitan planning organizations For purposes of clause (ii) of paragraph (1)(A), a State shall (i) establish a process to consult with all metropolitan planning organizations in the State that represent an urbanized area described in that clause; and (ii) describe how funds allocated for areas described in that clause will be allocated equitably among the applicable urbanized areas during the period of fiscal years 2022 through 2026. (B)  Consultation with regional transportation planning organizations For purposes of clauses (iii) and (iv) of paragraph (1)(A), before obligating funding attributed to an area with a population less than 50,000, a State shall consult with the regional transportation planning organizations that represent the area, if any. (4)  Distribution among urbanized areas of over 200,000 population. (A)  In general Except as provided in subparagraph (B), the amount of funds that a State is required to obligate under paragraph (1)(A)(i) shall be obligated in urbanized areas described in paragraph (1)(A)(i) based on the relative population of the areas. (B)  Other factors The State may obligate the funds described in subparagraph (A) based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request. (5)  Applicability of planning requirements Programming and expenditure of funds for projects under this section shall be consistent with sections 134 and 135. (e)  Obligation Authority. (1)  In general A State that is required to obligate in an urbanized area with an urbanized area population of over 200,000 individuals under subsection (d) funds apportioned to the State under section 104(b)(2) shall make available during the period of fiscal years 2022 through 2026 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying (A) the aggregate amount of funds that the State is required to obligate in the area under subsection (d) during the period; and (B) the ratio that (i) the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to (ii) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period. (2)  Joint responsibility Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with paragraph (1). (f)  Bridges Not on Federal-aid Highways. (1)  Definition of off-system bridge In this subsection, the term off-system bridge means a highway bridge or low water crossing (as defined by the Secretary) located on a public road, other than a bridge or low water crossing (as defined by the Secretary) on a Federal-aid highway. (2)  Special rule. (A)  Set-aside Of the amounts apportioned to a State for fiscal year 2013 and each fiscal year thereafter under this section, the State shall obligate for activities described in paragraphs (1)(A) and (10) of subsection (b) for off-system bridges, projects and activities described in subsection (b)(1)(A) for the replacement of low water crossings with bridges, and projects and activities described in subsection (b)(10) for low water crossings (as defined by the Secretary), an amount that is not less than 20 percent of the amount of funds apportioned to the State for the highway bridge program for fiscal year 2009, except that amounts allocated under subsection (d) shall not be obligated to carry out this subsection. (B)  Reduction of expenditures The Secretary, after consultation with State and local officials, may reduce the requirement for expenditures for off-system bridges under subparagraph (A) with respect to the State if the Secretary determines that the State has inadequate needs to justify the expenditure. (3)  Credit for bridges not on federal-aid highways Notwithstanding any other provision of law, with respect to any project not on a Federal-aid highway for the replacement of a bridge, rehabilitation of a bridge, or replacement of a low water crossing (as defined by the Secretary) with a bridge that is wholly funded from State and local sources, is eligible for Federal funds under this section, is noncontroversial, is certified by the State to have been carried out in accordance with all standards applicable to such projects under this section, and is determined by the Secretary upon completion to be no longer a deficient bridge or, in the case of a replacement of a low water crossing with a bridge, is determined by the Secretary on completion to have improved the safety of the location (A) any amount expended after the date of enactment of this subsection from State and local sources for the project in excess of 20 percent of the cost of construction of the project may be credited to the non-Federal share of the cost of other bridge projects in the State that are eligible for Federal funds under this section; and (B) that crediting shall be conducted in accordance with procedures established by the Secretary. (g)  Special Rule for Areas of Less Than Population. (1)  In general Notwithstanding subsection (c), and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated by a State under clauses (iii) and (iv) of subsection (d)(1)(A) for each fiscal year may be obligated on (A) roads functionally classified as rural minor collectors or local roads; or (B) on critical rural freight corridors designated under section 167(e). (2)  Suspension The Secretary may suspend the application of paragraph (1) with respect to a State if the Secretary determines that the authority provided under paragraph (1) is being used excessively by the State. (h)  STP Set-Aside. (1)  In general Of the funds apportioned to a State under section 104(b)(2) for fiscal year 2022 and each fiscal year thereafter (A) the Secretary shall set aside an amount equal to 10 percent to carry out this subsection; and (B) the States share of that total is determined by multiplying the amount under subparagraph (A) by the ratio that (i) the amount apportioned to the State for the transportation enhancements program for fiscal year 2009 under section 133(d)(2), as in effect on the day before the date of enactment of MAP21; bears to (ii) the total amount of funds apportioned to all States for the transportation enhancements program for fiscal year 2009. (2)  Allocation within a state. (A)  In general Except as provided in subparagraph (B), funds set aside for a State under paragraph (1) shall be obligated within that State in the manner described in subsection (d), except that, for purposes of this paragraph (after funds are made available under paragraph (5)) (i) for fiscal year 2022 and each fiscal year thereafter, the percentage referred to in paragraph (1)(A) of that subsection shall be deemed to be 59 percent; and (ii) paragraph (3) of subsection (d) shall not apply. (B)  Local control A State may allocate up to 100 percent of the funds referred to in subparagraph (A)(i) if (i) the State submits to the Secretary a plan that describes (I) how funds will be allocated to counties, metropolitan planning organizations, regional transportation planning organizations as described in section 135(m), or local governments; (II) how the entities described in subclause (I) will carry out a competitive process to select projects for funding and report selected projects to the State; (III) the legal, financial, and technical capacity of the entities described in subclause (I); (IV) how input was gathered from the entities described in subclause (I) to ensure those entities will be able to comply with the requirements of this subsection; and (V) how the State will comply with paragraph (8); and (ii) the Secretary approves the plan submitted under clause (i). (3)  Eligible projects Funds set aside under this subsection may be obligated for (A) projects or activities described in section 101(a)(29) or 213, as those provisions were in effect on the day before the date of enactment of the FAST Act ( Public Law 11494 129 Stat. 1312 (B) projects and activities under the safe routes to school program under section 208; and (C) activities in furtherance of a vulnerable road user safety assessment (as defined in section 148(a)). (4)  Access to funds. (A)  Eligible entity defined In this paragraph, the term eligible entity means (i) a local government; (ii) a regional transportation authority; (iii) a transit agency; (iv) a natural resource or public land agency; (v) a school district, local education agency, or school; (vi) a tribal government; (vii) a metropolitan planning organization that serves an urbanized area with a population of 200,000 or fewer; (viii) a nonprofit entity; (ix) any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan planning organization that serves an urbanized area with a population of over 200,000 or a State agency) that the State determines to be eligible, consistent with the goals of this subsection; and (x) a State, at the request of an entity described in clauses (i) through (ix). (B)  Competitive process A State or metropolitan planning organization required to obligate funds in accordance with paragraph (2) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. (C)  Selection A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under the competitive process described in subparagraph (B) in consultation with the relevant State. (D)  Prioritization The competitive process described in subparagraph (B) shall include prioritization of project location and impact in high-need areas as defined by the State, such as low-income, transit-dependent, rural, or other areas. (5)  Continuation of certain recreational trails projects For each fiscal year, a State shall (A) obligate an amount of funds set aside under this subsection equal to the amount of the funds apportioned to the State for fiscal year 2009 under section 104(h)(2), as in effect on the day before the date of enactment of MAP21, for projects relating to recreational trails under section 206; (B) return 1 percent of those funds to the Secretary for the administration of that program; and (C) comply with the provisions of the administration of the recreational trails program under section 206, including the use of apportioned funds described in subsection (d)(3)(A) of that section. (6)  State flexibility. (A)  Recreational trails A State may opt out of the recreational trails program under paragraph (5) if the Governor of the State notifies the Secretary not later than 30 days prior to apportionments being made for any fiscal year. (B)  Large urbanized areas A metropolitan planning area may use not to exceed 50 percent of the funds set aside under this subsection for an urbanized area described in subsection (d)(1)(A)(i) for any purpose eligible under subsection (b). (C)  Improving accessibility and efficiency. (i)  In general A State may use an amount equal to not more than 5 percent of the funds set aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by providing (I) to applicants for projects under this subsection application assistance, technical assistance, and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project; and (II) funding for 1 or more full-time State employee positions to administer this subsection. (ii)  Use of funds Amounts used under clause (i) may be expended (I) directly by the State; or (II) through contracts with State agencies, private entities, or nonprofit entities. (7)  Federal share. (A)  Required aggregate non-federal share The average annual non-Federal share of the total cost of all projects for which funds are obligated under this subsection in a State for a fiscal year shall be not less than the average non-Federal share of the cost of the projects that would otherwise apply. (B)  Flexible financing Subject to subparagraph (A), notwithstanding section 120 (i) funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if the project (I) is an eligible project described in section 148(e)(1); and (II) is consistent with the State strategic highway safety plan (as defined in section 148(a)); (ii) the non-Federal share for a project under this subsection may be calculated on a project, multiple-project, or program basis; and (iii) the Federal share of the cost of an individual project in this section may be up to 100 percent. (C)  Requirement Subparagraph (B) shall only apply to a State if the State has adequate financial controls, as certified by the Secretary, to account for the average annual non-Federal share under this paragraph. (8)  Annual reports. (A)  In general Each State or metropolitan planning organization responsible for carrying out the requirements of this subsection shall submit to the Secretary an annual report that includes (i) the number of project applications received for each fiscal year, including (I) the aggregate cost of the projects for which applications are received; and (II) the types of projects to be carried out, expressed as percentages of the total apportionment of the State under this subsection; and (ii) a list of each project selected for funding for each fiscal year, including, for each project (I) the fiscal year during which the project was selected; (II) the fiscal year in which the project is anticipated to be funded; (III) the recipient; (IV) the location, including the congressional district; (V) the type; (VI) the cost; and (VII) a brief description. (B)  Public availability The Secretary shall make available to the public, in a user-friendly format on the Web site of the Department of Transportation, a copy of each annual report submitted under subparagraph (A). (i)  Treatment of Projects Notwithstanding any other provision of law, projects funded under this section (excluding those carried out under subsection (h)(5)) shall be treated as projects on a Federal-aid highway under this chapter. (j)  Rural Barge Landing, Dock, and Waterfront Infrastructure Projects. (1)  In general A State may use not more than 5 percent of the funds apportioned to the State under section 104(b)(2) for eligible rural barge landing, dock, and waterfront infrastructure projects described in paragraph (2). (2)  Eligible projects An eligible rural barge landing, dock, or waterfront infrastructure project referred to in paragraph (1) is a project for the planning, designing, engineering, or construction of a barge landing, dock, or other waterfront infrastructure in a rural community or a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 (k)  Projects in Rural Areas. (1)  Set aside Notwithstanding subsection (c), in addition to the activities described in subsections (b) and (g), of the amounts apportioned to a State for each fiscal year to carry out this section, not more than 15 percent may be (A) used on eligible projects under subsection (b) or maintenance activities on roads functionally classified as rural minor collectors or local roads, ice roads, or seasonal roads; or (B) transferred to (i) the Appalachian Highway System Program under 14501 3 3 (ii) the Denali access system program under section 309 of the Denali Commission Act of 1998 ( 42 U.S.C. 3121 Public Law 105277 (2)  Savings clause Amounts allocated under subsection (d) shall not be used to carry out this subsection, except at the request of the applicable metropolitan planning organization. (Added Pub. L. 102240, title I,  1007(a)(1) Dec. 18, 1991 105 Stat. 1927 Pub. L. 103429,  3(4) Oct. 31, 1994 108 Stat. 4377 Pub. L. 10459, title III Nov. 28, 1995 109 Stat. 586 Pub. L. 105178, title I June 9, 1998 112 Stat. 138140 Pub. L. 10959, title I,  1113(a) Aug. 10, 2005 119 Stat. 1171 Pub. L. 112141, div. A, title I July 6, 2012 126 Stat. 440 Pub. L. 11494, div. A, title I,  1446(d)(5)(B) Dec. 4, 2015 129 Stat. 1438 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1338 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 461  Editorial Notes  References in Text The Americans with Disabilities Act of 1990, referred to in subsec. (b)(7), is Pub. L. 101336 July 26, 1990 104 Stat. 327 section 12101 of Title 42 The date of enactment of the FAST Act, referred to in subsecs. (b)(22), (c)(3), and (h)(3)(A), is the date of enactment of Pub. L. 11494 Dec. 4, 2015 The date of enactment of MAP21, referred to in subsec. (h)(1)(B)(i), (5)(A), is deemed to be Oct. 1, 2012 Pub. L. 112141 section 101 of this title Prior Provisions A prior section 133, Pub. L. 87866,  5(a) Oct. 23, 1962 76 Stat. 1146 Pub. L. 90495,  37 Aug. 23, 1968 82 Stat. 836 July 1, 1970 Amendments 2021Subsec. (b)(1)(B). Pub. L. 11758,  11109(a)(1)(A)(i) Subsec. (b)(1)(G). Pub. L. 11758,  11109(a)(1)(A)(ii) Subsec. (b)(3). Pub. L. 11758,  11109(a)(1)(B) Subsec. (b)(4), (5). Pub. L. 11758,  11109(a)(1)(C) Subsec. (b)(6). Pub. L. 11758,  11109(a)(1)(C) Subsec. (b)(7). Pub. L. 11758,  11109(a)(1)(C) 23 U.S.C. 402 Subsec. (b)(8) to (13). Pub. L. 11758,  11109(a)(1)(C) Subsec. (b)(14) to (19). Pub. L. 11758,  11109(a)(1)(F) Subsec. (b)(20). Pub. L. 11758,  11109(a)(1)(C) Subsec. (b)(21). Pub. L. 11758,  11508(d)(2) Pub. L. 11758,  11109(a)(1)(C) Subsec. (b)(22). Pub. L. 11758,  11109(a)(1)(C) Subsec. (b)(23), (24). Pub. L. 11758,  11109(a)(1)(G) Subsec. (c)(2). Pub. L. 11758,  11109(a)(2)(A) Subsec. (c)(4), (5). Pub. L. 11758,  11109(a)(2)(B) Subsec. (d)(1). Pub. L. 11758,  11109(a)(3)(A)(i) Subsec. (d)(1)(A). Pub. L. 11758,  11109(a)(3)(A)(ii)(I) Subsec. (d)(1)(A)(ii) to (iv). Pub. L. 11758,  11109(a)(3)(A)(ii)(II) (ii) in areas of the State other than urban areas with a population greater than 5,000; and (iii) in other areas of the State; and. Subsec. (d)(3). Pub. L. 11758,  11109(a)(3)(B) Subsec. (d)(6). Pub. L. 11758,  11109(a)(3)(C) Subsec. (e)(1). Pub. L. 11758,  11109(a)(4) Subsec. (f)(1). Pub. L. 11758,  11109(a)(5)(A) Subsec. (f)(2)(A). Pub. L. 11758,  11109(a)(5)(B) Subsec. (f)(3). Pub. L. 11758,  11109(a)(5)(C) Subsec. (g). Pub. L. 11758,  11109(a)(6)(A) Subsec. (g)(1). Pub. L. 11758,  11109(a)(6)(B) Subsec. (h)(1). Pub. L. 11758,  11109(b)(1)(A) Subsec. (h)(1)(A). Pub. L. 11758,  11109(b)(1)(A)(ii) (i) $835,000,000 for each of fiscal years 2016 and 2017; and (ii) $850,000,000 for each of fiscal years 2018 through 2020; and. Subsec. (h)(2). Pub. L. 11758,  11109(b)(1)(B) (A) for each fiscal year, the percentage referred to in paragraph (1)(A) of that subsection shall be deemed to be 50 percent; and (B) the following provisions shall not apply: (i) Paragraph (3) of subsection (d). (ii) Subsection (e). Subsec. (h)(3). Pub. L. 11758,  11109(b)(1)(C) Subsec. (h)(4)(A). Pub. L. 11758,  11109(b)(1)(D)(i) Subsec. (h)(4)(A)(vii). Pub. L. 11758,  11109(b)(1)(D)(iii)(II) Subsec. (h)(4)(A)(viii). Pub. L. 11758,  11109(b)(1)(D)(iii)(I) Subsec. (h)(4)(A)(ix). Pub. L. 11758,  11109(b)(1)(D)(iii)(I) Subsec. (h)(4)(A)(x). Pub. L. 11758,  11109(b)(1)(D)(iii)(V) Subsec. (h)(4)(B) to (D). Pub. L. 11758,  11109(b)(1)(D)(iv) Subsec. (h)(5)(A). Pub. L. 11758,  11109(b)(1)(E) Subsec. (h)(6)(B). Pub. L. 11758,  11109(b)(1)(F)(i) Subsec. (h)(6)(C). Pub. L. 11758,  11109(b)(1)(F)(ii) Subsec. (h)(7), (8). Pub. L. 11758,  11109(b)(1)(G) Subsec. (h)(8)(A). Pub. L. 11758,  11109(b)(1)(I)(i) Subsec. (h)(8)(A)(ii). Pub. L. 11758,  11109(b)(1)(I)(ii) Subsecs. (j), (k). Pub. L. 11758,  11109(a)(7) 2015 Pub. L. 11494,  1109(b)(2) Subsecs. (a), (b). Pub. L. 11494,  1109(b)(1) Subsec. (b)(1)(D). Pub. L. 11494,  1407(b) Subsec. (b)(13). Pub. L. 11494,  1446(d)(5)(B) Pub. L. 112141 Subsecs. (c), (d). Pub. L. 11494,  1109(b)(1) Subsec. (e). Pub. L. 11494,  1109(b)(3) (1) Submission of project agreement (A) certifies that the State will meet all the requirements of this section; and (B) notifies the Secretary of the amount of obligations needed to carry out the program under this section. (2) Request for adjustments of amounts (3) Effect of approval by the secretary Subsec. (f). Pub. L. 11494,  1109(b)(4) Subsec. (g). Pub. L. 11494,  1109(b)(4) Subsecs. (h), (i). Pub. L. 11494,  1109(b)(7) 2012Subsec. (b). Pub. L. 112141,  1108(a)(1) Subsec. (b)(1). Pub. L. 112141,  1108(a)(2) Subsec. (b)(2) to (4). Pub. L. 112141,  1108(a)(4) Subsec. (b)(5). Pub. L. 112141,  1108(a)(3) Subsec. (b)(6). Pub. L. 112141,  1108(a)(5) 42 U.S.C. 12101 Pub. L. 112141,  1108(a)(3) Subsec. (b)(7). Pub. L. 112141,  1108(a)(6) Pub. L. 112141,  1108(a)(3) Subsec. (b)(8) to (10). Pub. L. 112141,  1108(a)(3) Subsec. (b)(11). Pub. L. 112141,  1108(a)(3) Subsec. (b)(12). Pub. L. 112141,  1108(a)(3) Subsec. (b)(13). Pub. L. 112141 Pub. L. 11494,  1446(d)(5)(B) Subsec. (b)(14). Pub. L. 112141,  1108(a)(8) Pub. L. 112141,  1108(a)(3) Subsec. (b)(15) to (18). Pub. L. 112141,  1108(a)(3) Subsec. (b)(19) to (26). Pub. L. 112141,  1108(a)(9) Subsec. (c). Pub. L. 112141,  1108(b) January 1, 1991 Subsec. (d). Pub. L. 112141,  1108(c) Subsec. (e). Pub. L. 112141,  1108(d) Subsec. (f)(1). Pub. L. 112141,  1108(e) Subsecs. (g), (h). Pub. L. 112141,  1108(f) 2005Subsec. (b)(6). Pub. L. 10959,  1113(a)(1) Subsec. (b)(12). Pub. L. 10959,  1113(a)(2) Subsec. (b)(14), (15). Pub. L. 10959,  6006(a)(2) Subsec. (d)(1). Pub. L. 10959,  1113(b)(1) Subsec. (d)(2). Pub. L. 10959,  1113(c) Subsec. (d)(3)(A). Pub. L. 10959,  1113(b)(2)(A)(ii) Pub. L. 10959,  1113(b)(2)(A)(i) Subsec. (d)(3)(B). Pub. L. 10959,  1113(b)(2)(B) Subsec. (d)(3)(C) to (E). Pub. L. 10959,  1113(b)(2)(C) Subsec. (f). Pub. L. 10959,  1113(e) Pub. L. 105178,  1108(e) Subsec. (f)(1). Pub. L. 10959,  1113(d) 1998Subsec. (b)(1). Pub. L. 105178,  1108(a)(1) Subsec. (b)(2). Pub. L. 105178,  1108(a)(2) Subsec. (b)(3). Pub. L. 105178,  1108(a)(3) 42 U.S.C. 12101 Subsec. (b)(4). Pub. L. 105178,  1108(a)(4) Subsec. (b)(9). Pub. L. 105178,  1108(a)(5) 42 U.S.C. 7408(f)(1)(A) Subsec. (b)(11). Pub. L. 105178,  1108(a)(6) November 28, 1995 Subsec. (b)(13), (14). Pub. L. 105178,  1108(a)(7) Subsec. (d)(3)(D). Pub. L. 105178,  1108(b)(1) Subsec. (d)(5)(C). Pub. L. 105178,  1212(a)(2)(A)(i) Subsec. (e)(2). Pub. L. 105178,  1108(c) Subsec. (e)(3)(A). Pub. L. 105178,  1108(d) Subsec. (e)(3)(B)(i). Pub. L. 105178,  1108(b)(2)(A) Subsec. (e)(5)(C). Pub. L. 105178,  1108(b)(2)(B) Subsec. (f). Pub. L. 105178,  1108(e) Pub. L. 10959,  1113(e) (1) the aggregate amount of funds which the State is required to obligate in such area under subsection (d) during such period; by (2) the ratio of the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction during such period to the total sums apportioned to the State for Federal-aid highways and highway safety construction (excluding sums not subject to an obligation limitation) during such period. 1995Subsec. (d)(5). Pub. L. 10459,  315 Subsec. (e)(3). Pub. L. 10459,  316(1) Subsec. (e)(5). Pub. L. 10459,  316(2) 1994Subsec. (b)(2). Pub. L. 103429 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Amendment by section 11508(d)(2) of Pub. L. 11758 Nov. 15, 2021 section 11508(e) of Pub. L. 11758 section 106 of this title Effective Date of 2015 Amendment Except as otherwise provided, amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Pub. L. 11494, div. A, title I,  1446(d) Dec. 4, 2015 129 Stat. 1438 July 6, 2012 Pub. L. 112141 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 2005 Amendment Pub. L. 10959, title I,  1113(b)(3) Aug. 10, 2005 119 Stat. 1172 Paragraph (1) and paragraph (2)(A)(ii) of this subsection [amending this section] shall take effect October 1, 2005 Pub. L. 10959, title I,  1113(c) Aug. 10, 2005 119 Stat. 1172 Oct. 1, 2005 Pub. L. 10959, title I,  1113(e) Aug. 10, 2005 119 Stat. 1172 June 9, 1998 Effective Date Section effective Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Congressional Findings Regarding Surface Transportation Block Grant Program Pub. L. 11494, div. A, title I,  1109(a) Dec. 4, 2015 129 Stat. 1338  Congress finds that (1) the benefits of the surface transportation block grant program accrue principally to the residents of each State and municipality where the funds are obligated; (2) decisions about how funds should be obligated are best determined by the States and municipalities to respond to unique local circumstances and implement the most efficient solutions; and (3) reforms of the program to promote flexibility will enhance State and local control over transportation decisions. References to Surface Transportation Program Pub. L. 11494, div. A, title I,  1109(c)(7) Dec. 4, 2015 129 Stat. 1344 Any reference in any other law, regulation, document, paper, or other record of the United States to the surface transportation program under section 133 of title 23 Division of STP Funds for Areas of Less Than 5,000 Population Pub. L. 105178, title I,  1108(f) June 9, 1998 112 Stat. 141 Pub. L. 110244, title I,  113(a) June 6, 2008 122 Stat. 1606  (1)  Special rule Notwithstanding section 133(c) of title 23 (2)  Suspension The Secretary may suspend the application of paragraph (1) if the Secretary determines that paragraph (1) is being used excessively. Encouragement of Use of Youth Conservation or Service Corps Pub. L. 105178, title I,  1108(g) June 9, 1998 112 Stat. 141 The Secretary shall encourage the States to enter into contracts and cooperative agreements with qualified youth conservation or service corps to perform appropriate transportation enhancement activities under chapter 1 of title 23, United States Code.  134. Metropolitan transportation planning (a)  Policy It is in the national interest (1) to encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight, foster economic growth and development within and between States and urbanized areas better connect housing and employment,, 1 1 (2) to encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 135(d). (b)  Definitions In this section and section 135, the following definitions apply: (1)  Metropolitan planning area The term metropolitan planning area means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e). (2)  Metropolitan planning organization The term metropolitan planning organization means the policy board of an organization established as a result of the designation process under subsection (d). (3)  Nonmetropolitan area The term nonmetropolitan area means a geographic area outside designated metropolitan planning areas. (4)  Nonmetropolitan local official The term nonmetropolitan local official means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation. (5)  Regional transportation planning organization The term regional transportation planning organization means a policy board of an organization established as the result of a designation under section 135(m). (6)  TIP The term TIP means a transportation improvement program developed by a metropolitan planning organization under subsection (j). (7)  Urbanized area The term urbanized area means a geographic area with a population of 50,000 or more, as determined by the Bureau of the Census. (c)  General Requirements. (1)  Development of long-range plans and tips To accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall develop long-range transportation plans and transportation improvement programs through a performance-driven, outcome-based approach to planning for metropolitan areas of the State. (2)  Contents The plans and TIPs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States. (3)  Process of development The process for developing the plans and TIPs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. (d)  Designation of Metropolitan Planning Organizations. (1)  In general To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a population of more than 50,000 individuals (A) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city (based on population) as determined by the Bureau of the Census); or (B) in accordance with procedures established by applicable State or local law. (2)  Structure Not later than 2 years after the date of enactment of MAP-21, each metropolitan planning organization that serves an area designated as a transportation management area shall consist of (A) local elected officials; (B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area, including representation by providers of public transportation; and (C) appropriate State officials. (3)  Representation. (A)  In general Designation or selection of officials or representatives under paragraph (2) shall be determined by the metropolitan planning organization according to the bylaws or enabling statute of the organization. (B)  Public transportation representative Subject to the bylaws or enabling statute of the metropolitan planning organization, a representative of a provider of public transportation may also serve as a representative of a local municipality. (C)  Powers of certain officials An official described in paragraph (2)(B) shall have responsibilities, actions, duties, voting rights, and any other authority commensurate with other officials described in paragraph (2). (D)  Considerations In designating officials or representatives under paragraph (2) for the first time, subject to the bylaws or enabling statute of the metropolitan planning organization, the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area. (4)  Limitation on statutory construction Nothing in this subsection shall be construed to interfere with the authority, under any State law in effect on December 18, 1991 (A) to develop the plans and TIPs for adoption by a metropolitan planning organization; and (B) to develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law. (5)  Continuing designation A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (6). (6)  Redesignation procedures. (A)  In general A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the existing planning area population (including the largest incorporated city (based on population) as determined by the Bureau of the Census) as appropriate to carry out this section. (B)  Restructuring A metropolitan planning organization may be restructured to meet the requirements of paragraph (2) without undertaking a redesignation. (7)  Designation of more than 1 metropolitan planning organization More than 1 metropolitan planning organization may be designated within an existing urbanized area (as defined by the Bureau of the Census) only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the area make designation of more than 1 metropolitan planning organization for the area appropriate. (e)  Metropolitan Planning Area Boundaries. (1)  In general For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the metropolitan planning organization and the Governor. (2)  Included area Each metropolitan planning area (A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and (B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. (3)  Identification of new urbanized areas within existing planning area boundaries The designation by the Bureau of the Census of new urbanized areas within an existing metropolitan planning area shall not require the redesignation of the existing metropolitan planning organization. (4)  Existing metropolitan planning areas in nonattainment. (A)  In general Notwithstanding paragraph (2), except as provided in subparagraph (B), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act ( 42 U.S.C. 7401 (B)  Exception The boundaries described in subparagraph (A) may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the manner described in subsection (d)(6). (5)  New metropolitan planning areas in nonattainment In the case of an urbanized area designated after the date of enactment of the SAFETEALU, as a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area (A) shall be established in the manner described in subsection (d)(1); (B) shall encompass the areas described in paragraph (2)(A); (C) may encompass the areas described in paragraph (2)(B); and (D) may address any nonattainment area identified under the Clean Air Act ( 42 U.S.C. 7401 (f)  Coordination in Multistate Areas. (1)  In general The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area. (2)  Interstate compacts The consent of Congress is granted to any 2 or more States (A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and (B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective. (3)  Reservation of rights The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved. (g)  MPO Consultation in Plan and TIP Coordination. (1)  Nonattainment areas If more than 1 metropolitan planning organization has authority within an urbanized area (as defined by the Bureau of the Census) or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act ( 42 U.S.C. 7401 (2)  Transportation improvements located in multiple mpos If a transportation improvement, funded from the Highway Trust Fund or authorized under chapter 53 of title 49, is located within the boundaries of more than 1 metropolitan planning area, the metropolitan planning organizations shall coordinate plans and TIPs regarding the transportation improvement. (3)  Relationship with other planning officials. (A)  In general The Secretary shall encourage each metropolitan planning organization to consult with officials responsible for other types of planning activities that are affected by transportation in the area (including State and local planned growth, economic development, housing, tourism, natural disaster risk reduction, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities. (B)  Requirements Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area, and the process shall provide for the design and delivery of transportation services within the metropolitan area that are provided by (i) recipients of assistance under chapter 53 of title 49; (ii) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and (iii) recipients of assistance under section 204. (4)  Coordination between MPOs If more than 1 metropolitan planning organization is designated within an urbanized area (as defined by the Bureau of the Census) under subsection (d)(7), the metropolitan planning organizations designated within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning process, including information used in forecasting travel demand. (5)  Savings clause Nothing in this subsection requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents, including a unified long-range transportation plan or unified TIP. (h)  Scope of Planning Process. (1)  In general The metropolitan planning process for a metropolitan planning area under this section shall provide for consideration of projects and strategies that will (A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency; (B) increase the safety of the transportation system for motorized and nonmotorized users; (C) increase the security of the transportation system for motorized and nonmotorized users; (D) increase the accessibility and mobility of people and for freight; (E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth, housing, and economic development patterns; (F) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight; (G) promote efficient system management and operation; (H) emphasize the preservation of the existing transportation system; (I) improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation; and (J) enhance travel and tourism. (2)  Performance-based approach. (A)  In general The metropolitan transportation planning process shall provide for the establishment and use of a performance-based approach to transportation decisionmaking to support the national goals described in section 150(b) of this title section 5301 of title 49 (B)  Performance targets. (i)  Surface transportation performance targets. (I)  In general Each metropolitan planning organization shall establish performance targets that address the performance measures described in section 150(c), where applicable, to use in tracking progress towards attainment of critical outcomes for the region of the metropolitan planning organization. (II)  Coordination Selection of performance targets by a metropolitan planning organization shall be coordinated with the relevant State to ensure consistency, to the maximum extent practicable. (ii)  Public transportation performance targets Selection of performance targets by a metropolitan planning organization shall be coordinated, to the maximum extent practicable, with providers of public transportation to ensure consistency with sections 5326(c) and 5329(d) of title 49. (C)  Timing Each metropolitan planning organization shall establish the performance targets under subparagraph (B) not later than 180 days after the date on which the relevant State or provider of public transportation establishes the performance targets. (D)  Integration of other performance-based plans A metropolitan planning organization shall integrate in the metropolitan transportation planning process, directly or by reference, the goals, objectives, performance measures, and targets described in other State transportation plans and transportation processes, as well as any plans developed under chapter 53 of title 49 by providers of public transportation, required as part of a performance-based program. (3)  Failure to consider factors The failure to consider any factor specified in paragraphs (1) and (2) shall not be reviewable by any court under this title or chapter 53 of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transportation plan, a TIP, a project or strategy, or the certification of a planning process. (i)  Development of Transportation Plan. (1)  Requirements. (A)  In general Each metropolitan planning organization shall prepare and update a transportation plan for its metropolitan planning area in accordance with the requirements of this subsection. (B)  Frequency. (i)  In general The metropolitan planning organization shall prepare and update such plan every 4 years (or more frequently, if the metropolitan planning organization elects to update more frequently) in the case of each of the following: (I) Any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act ( 42 U.S.C. 7407(d) (II) Any area that was nonattainment and subsequently designated to attainment in accordance with section 107(d)(3) of that Act ( 42 U.S.C. 7407(d)(3) 42 U.S.C. 7505a (ii)  Other areas In the case of any other area required to have a transportation plan in accordance with the requirements of this subsection, the metropolitan planning organization shall prepare and update such plan every 5 years unless the metropolitan planning organization elects to update more frequently. (2)  Transportation plan A transportation plan under this section shall be in a form that the Secretary determines to be appropriate and shall contain, at a minimum, the following: (A)  Identification of transportation facilities. (i)  In general An identification of transportation facilities (including major roadways, public transportation facilities, intercity bus facilities, multimodal and intermodal facilities, nonmotorized transportation facilities, and intermodal connectors) that should function as an integrated metropolitan transportation system, giving emphasis to those facilities that serve important national and regional transportation functions. (ii)  Factors In formulating the transportation plan, the metropolitan planning organization shall consider factors described in subsection (h) as the factors relate to a 20-year forecast period. (B)  Performance measures and targets A description of the performance measures and performance targets used in assessing the performance of the transportation system in accordance with subsection (h)(2). (C)  System performance report A system performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the performance targets described in subsection (h)(2), including (i) progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports; and (ii) for metropolitan planning organizations that voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the conditions and performance of the transportation system and how changes in local policies and investments have impacted the costs necessary to achieve the identified performance targets. (D)  Mitigation activities. (i)  In general A long-range transportation plan shall include a discussion of types of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan. (ii)  Consultation The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies. (E)  Financial plan. (i)  In general A financial plan that (I) demonstrates how the adopted transportation plan can be implemented; (II) indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and (III) recommends any additional financing strategies for needed projects and programs. (ii)  Inclusions The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. (iii)  Cooperative development For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and State shall cooperatively develop estimates of funds that will be available to support plan implementation. (F)  Operational and management strategies Operational and management strategies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods. (G)  Capital investment and other strategies Capital investment and other strategies to preserve the existing and projected future metropolitan transportation infrastructure, provide for multimodal capacity increases based on regional priorities and needs, and reduce the vulnerability of the existing transportation infrastructure to natural disasters. (H)  Transportation and transit enhancement activities Proposed transportation and transit enhancement activities including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated. (3)  Coordination with clean air act agencies In metropolitan areas that are in nonattainment for ozone or carbon monoxide under the Clean Air Act ( 42 U.S.C. 7401 (4)  Optional scenario development. (A)  In general A metropolitan planning organization may, while fitting the needs and complexity of its community, voluntarily elect to develop multiple scenarios for consideration as part of the development of the metropolitan transportation plan, in accordance with subparagraph (B). (B)  Recommended components A metropolitan planning organization that chooses to develop multiple scenarios under subparagraph (A) shall be encouraged to consider (i) potential regional investment strategies for the planning horizon; (ii) assumed distribution of population and employment; (iii) assumed distribution of population and housing; (iv) a scenario that, to the maximum extent practicable, maintains baseline conditions for the performance measures identified in subsection (h)(2); (v) a scenario that improves the baseline conditions for as many of the performance measures identified in subsection (h)(2) as possible; (vi) revenue constrained scenarios based on the total revenues expected to be available over the forecast period of the plan; and (vii) estimated costs and potential revenues available to support each scenario. (C)  Metrics In addition to the performance measures identified in section 150(c), metropolitan planning organizations may evaluate scenarios developed under this paragraph using locally-developed measures. (5)  Consultation. (A)  In general In each metropolitan area, the metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation concerning the development of a long-range transportation plan. (B)  Issues The consultation shall involve, as appropriate (i) comparison of transportation plans with State conservation plans or maps, if available; or (ii) comparison of transportation plans to inventories of natural or historic resources, if available. (6)  Participation by interested parties. (A)  In general Each metropolitan planning organization shall provide citizens, affected public agencies, representatives of public transportation employees, public ports, freight shippers, providers of freight transportation services, private providers of transportation (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, affordable housing organizations, and other interested parties with a reasonable opportunity to comment on the transportation plan. (B)  Contents of participation plan A participation plan (i) shall be developed in consultation with all interested parties; and (ii) shall provide that all interested parties have reasonable opportunities to comment on the contents of the transportation plan. (C)  Methods In carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable (i) hold any public meetings at convenient and accessible locations and times; (ii) employ visualization techniques to describe plans; and (iii) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A). (D)  Use of technology A metropolitan planning organization may use social media and other web-based tools (i) to further encourage public participation; and (ii) to solicit public feedback during the transportation planning process. (7)  Publication A transportation plan involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web, approved by the metropolitan planning organization and submitted for information purposes to the Governor at such times and in such manner as the Secretary shall establish. (8)  Selection of projects from illustrative list Notwithstanding paragraph (2)(E), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(E). (j)  Metropolitan TIP. (1)  Development. (A)  In general In cooperation with the State and any affected public transportation operator, the metropolitan planning organization designated for a metropolitan area shall develop a TIP for the metropolitan planning area that (i) contains projects consistent with the current metropolitan transportation plan; (ii) reflects the investment priorities established in the current metropolitan transportation plan; and (iii) once implemented, is designed to make progress toward achieving the performance targets established under subsection (h)(2). (B)  Opportunity for comment In developing the TIP, the metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5). (C)  Funding estimates For the purpose of developing the TIP, the metropolitan planning organization, public transportation agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation. (D)  Updating and approval The TIP shall be (i) updated at least once every 4 years; and (ii) approved by the metropolitan planning organization and the Governor. (2)  Contents. (A)  Priority list The TIP shall include a priority list of proposed Federally supported projects and strategies to be carried out within each 4-year period after the initial adoption of the TIP. (B)  Financial plan The TIP shall include a financial plan that (i) demonstrates how the TIP can be implemented; (ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program; (iii) identifies innovative financing techniques to finance projects, programs, and strategies; and (iv) may include, for illustrative purposes, additional projects that would be included in the approved TIP if reasonable additional resources beyond those identified in the financial plan were available. (C)  Descriptions Each project in the TIP shall include sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the project or phase of the project. (D)  Performance target achievement The transportation improvement program shall include, to the maximum extent practicable, a description of the anticipated effect of the transportation improvement program toward achieving the performance targets established in the metropolitan transportation plan, linking investment priorities to those performance targets. (3)  Included projects. (A)  Projects under this title and chapter 53 of title 49 A TIP developed under this subsection for a metropolitan area shall include the projects within the area that are proposed for funding under chapter 1 of this title and chapter 53 of title 49. (B)  Projects under chapter 2. (i)  Regionally significant projects Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program. (ii)  Other projects Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program. (C)  Consistency with long-range transportation plan Each project shall be consistent with the long-range transportation plan developed under subsection (i) for the area. (D)  Requirement of anticipated full funding The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project or the identified phase within the time period contemplated for completion of the project or the identified phase. (4)  Notice and comment Before approving a TIP, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5). (5)  Selection of projects. (A)  In general Except as otherwise provided in subsection (k)(4) and in addition to the TIP development required under paragraph (1), the selection of Federally funded projects in metropolitan areas shall be carried out, from the approved TIP (i) by (I) in the case of projects under this title, the State; and (II) in the case of projects under chapter 53 of title 49, the designated recipients of public transportation funding; and (ii) in cooperation with the metropolitan planning organization. (B)  Modifications to project priority Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved TIP in place of another project in the program. (6)  Selection of projects from illustrative list. (A)  No required selection Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv). (B)  Required action by the secretary Action by the Secretary shall be required for a State or metropolitan planning organization to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP. (7)  Publication. (A)  Publication of tips A TIP involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review. (B)  Publication of annual listings of projects. (i)  In general An annual listing of projects, including investments in pedestrian walkways and bicycle transportation facilities, for which Federal funds have been obligated in the preceding year shall be published or otherwise made available by the cooperative effort of the State, transit operator, and metropolitan planning organization for public review. (ii)  Requirement The listing shall be consistent with the categories identified in the TIP. (k)  Transportation Management Areas. (1)  Identification and designation. (A)  Required identification The Secretary shall identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals. (B)  Designations on request The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area. (2)  Transportation plans In a transportation management area, transportation plans shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transportation operators. (3)  Congestion management process. (A)  In general Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address congestion management through a process that provides for effective management and operation, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49 through the use of travel demand reduction (including intercity bus operators, employer-based commuting programs such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), job access projects, and operational management strategies. (B)  Schedule The Secretary shall establish an appropriate phase-in schedule for compliance with the requirements of this section but no sooner than 1 year after the identification of a transportation management area. (C)  Congestion management plan A metropolitan planning organization serving a transportation management area may develop a plan that includes projects and strategies that will be considered in the TIP of such metropolitan planning organization. Such plan shall (i) develop regional goals to reduce vehicle miles traveled during peak commuting hours and improve transportation connections between areas with high job concentration and areas with high concentrations of low-income households; (ii) identify existing public transportation services, employer-based commuter programs, and other existing transportation services that support access to jobs in the region; and (iii) identify proposed projects and programs to reduce congestion and increase job access opportunities. (D)  Participation In developing the plan under subparagraph (C), a metropolitan planning organization shall consult with employers, private and nonprofit providers of public transportation, transportation management organizations, and organizations that provide job access reverse commute projects or job-related services to low-income individuals. (4)  Housing coordination process. (A)  In general Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section may address the integration of housing, transportation, and economic development strategies through a process that provides for effective integration, based on a cooperatively developed and implemented strategy, of new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49. (B)  Coordination in integrated planning process In carrying out the process described in subparagraph (A), a metropolitan planning organization may (i) consult with (I) State and local entities responsible for land use, economic development, housing, management of road networks, or public transportation; and (II) other appropriate public or private entities; and (ii) coordinate, to the extent practicable, with applicable State and local entities to align the goals of the process with the goals of any comprehensive housing affordability strategies established within the metropolitan planning area pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12705 42 U.S.C. 1437c1 (C)  Housing coordination plan. (i)  In general A metropolitan planning organization serving a transportation management area may develop a housing coordination plan that includes projects and strategies that may be considered in the metropolitan transportation plan of the metropolitan planning organization. (ii)  Contents A plan described in clause (i) may (I) develop regional goals for the integration of housing, transportation, and economic development strategies to (aa) better connect housing and employment while mitigating commuting times; (bb) align transportation improvements with housing needs, such as housing supply shortages, and proposed housing development; (cc) align planning for housing and transportation to address needs in relationship to household incomes within the metropolitan planning area; (dd) expand housing and economic development within the catchment areas of existing transportation facilities and public transportation services when appropriate, including higher-density development, as locally determined; (ee) manage effects of growth of vehicle miles traveled experienced in the metropolitan planning area related to housing development and economic development; (ff) increase share of households with sufficient and affordable access to the transportation networks of the metropolitan planning area; (II) identify the location of existing and planned housing and employment, and transportation options that connect housing and employment; and (III) include a comparison of transportation plans to land use management plans, including zoning plans, that may affect road use, public transportation ridership, and housing development. (5)  Selection of projects. (A)  In general All Federally funded projects carried out within the boundaries of a metropolitan planning area serving a transportation management area under this title (excluding projects carried out on the National Highway System) or under chapter 53 of title 49 shall be selected for implementation from the approved TIP by the metropolitan planning organization designated for the area in consultation with the State and any affected public transportation operator. (B)  National highway system projects Projects carried out within the boundaries of a metropolitan planning area serving a transportation management area on the National Highway System shall be selected for implementation from the approved TIP by the State in cooperation with the metropolitan planning organization designated for the area. (6)  Certification. (A)  In general The Secretary shall (i) ensure that the metropolitan planning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and (ii) subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan planning process. (B)  Requirements for certification The Secretary may make the certification under subparagraph (A) if (i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and (ii) there is a TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor. (C)  Effect of failure to certify. (i)  Withholding of project funds If a metropolitan planning process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this title and chapter 53 of title 49. (ii)  Restoration of withheld funds The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary. (D)  Review of certification In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review. (l)  Report on Performance-based Planning Processes. (1)  In general The Secretary shall submit to Congress a report on the effectiveness of the performance-based planning processes of metropolitan planning organizations under this section, taking into consideration the requirements of this subsection. (2)  Report Not later than 5 years after the date of enactment of the MAP21, the Secretary shall submit to Congress a report evaluating (A) the overall effectiveness of performance-based planning as a tool for guiding transportation investments; (B) the effectiveness of the performance-based planning process of each metropolitan planning organization under this section; (C) the extent to which metropolitan planning organizations have achieved, or are currently making substantial progress toward achieving, the performance targets specified under this section and whether metropolitan planning organizations are developing meaningful performance targets; and (D) the technical capacity of metropolitan planning organizations that operate within a metropolitan planning area with a population of 200,000 or less and their ability to carry out the requirements of this section. (3)  Publication The report under paragraph (2) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet. (m)  Abbreviated Plans for Certain Areas. (1)  In general Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated transportation plan and TIP for the metropolitan planning area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area. (2)  Nonattainment areas The Secretary may not permit abbreviated plans or TIPs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act ( 42 U.S.C. 7401 (n)  Additional Requirements for Certain Nonattainment Areas. (1)  In general Notwithstanding any other provisions of this title or chapter 53 of title 49, for transportation management areas classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act ( 42 U.S.C. 7401 (2)  Applicability This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (e). (o)  Limitation on Statutory Construction Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under this title or chapter 53 of title 49. (p)  Funding Funds apportioned under section 104(b)(6) or section 5305(g) of title 49 (q)  Continuation of Current Review Practice Since plans and TIPs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 January 1, 1997 (r)  Bi-State Metropolitan Planning Organization. (1)  Definition of bi-state mpo region In this subsection, the term Bi-State MPO Region has the meaning given the term region in subsection (a) of Article II of the Lake Tahoe Regional Planning Compact ( Public Law 96551 94 Stat. 3234 (2)  Treatment For the purpose of this title, the Bi-State MPO Region shall be treated as (A) a metropolitan planning organization; (B) a transportation management area under subsection (k); and (C) an urbanized area, which is comprised of a population of 145,000 in the State of California and a population of 65,000 in the State of Nevada. (3)  Suballocated funding. (A)  Planning In determining the amounts under subparagraph (A) of section 133(d)(1) that shall be obligated for a fiscal year in the States of California and Nevada under clauses (i), (ii), and (iii) of that subparagraph, the Secretary shall, for each of those States (i) calculate the population under each of those clauses; (ii) decrease the amount under section 133(d)(1)(A)(iii) by the population specified in paragraph (2) of this subsection for the Bi-State MPO Region in that State; and (iii) increase the amount under section 133(d)(1)(A)(i) by the population specified in paragraph (2) of this subsection for the Bi-State MPO Region in that State. (B)  STBGP set aside In determining the amounts under paragraph (2) of section 133(h) that shall be obligated for a fiscal year in the States of California and Nevada, the Secretary shall, for the purpose of that subsection, calculate the populations for each of those States in a manner consistent with subparagraph (A). (Added Pub. L. 87866,  9(a) Oct. 23, 1962 76 Stat. 1148 Pub. L. 91605, title I,  143 Dec. 31, 1970 84 Stat. 1737 Pub. L. 95599, title I,  169 Nov. 6, 1978 92 Stat. 2723 Pub. L. 102240, title I,  1024(a) Dec. 18, 1991 105 Stat. 1955 Pub. L. 102388, title V,  502(b) Oct. 6, 1992 106 Stat. 1566 Pub. L. 103429,  3(5) Oct. 31, 1994 108 Stat. 4377 Pub. L. 10459, title III,  317 Nov. 28, 1995 109 Stat. 588 Pub. L. 105178, title I,  1203(a) o June 9, 1998 112 Stat. 170179 Pub. L. 105206, title IX,  9003(c) July 22, 1998 112 Stat. 839 Pub. L. 10959, title VI,  6001(a) Aug. 10, 2005 119 Stat. 1839 Pub. L. 110244, title I,  101(n) June 6, 2008 122 Stat. 1576 Pub. L. 112141, div. A, title I,  1201(a) July 6, 2012 126 Stat. 500 Pub. L. 11494, div. A, title I,  1201 Dec. 4, 2015 129 Stat. 1371 Pub. L. 11758, div. A, title I,  11201(a) Nov. 15, 2021 135 Stat. 516  Editorial Notes  References in Text The date of enactment of MAP-21, referred to in subsecs. (d)(2) and ( l Oct. 1, 2012 Pub. L. 112141 section 101 of this title The Clean Air Act, referred to in subsecs. (e)(4)(A), (5)(D), (g)(1), (i)(3), (m)(2), and (n)(1), is act July 14, 1955, ch. 360 69 Stat. 322 section 7401 of Title 42 The date of enactment of the SAFETEALU, referred to in subsec. (e)(4)(A), (5), is the date of enactment of Pub. L. 10959 Aug. 10, 2005 The National Environmental Policy Act of 1969, referred to in subsec. (q), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Amendments 2021Subsec. (a)(1). Pub. L. 11758,  11201(d)(1) Subsec. (d)(3)(D). Pub. L. 11758,  11201(a)(1)(A) Subsec. (d)(7). Pub. L. 11758,  11201(a)(1)(B) Subsec. (g)(1). Pub. L. 11758,  11201(a)(2)(A) Subsec. (g)(3)(A). Pub. L. 11758,  11201(d)(2) Subsec. (g)(4), (5). Pub. L. 11758,  11201(a)(2)(B) Subsec. (h)(1)(E). Pub. L. 11758,  11201(d)(3) Subsec. (i)(4)(B)(iii) to (vii). Pub. L. 11758,  11201(d)(4)(A) Subsec. (i)(6)(A). Pub. L. 11758,  11201(d)(4)(B) Subsec. (i)(6)(D). Pub. L. 11758,  11201(a)(3) Subsec. (k)(4) to (6). Pub. L. 11758,  11201(d)(5) Subsec. (p). Pub. L. 11758,  11201(a)(4) section 104(b) of this title 2015Subsec. (a)(1). Pub. L. 11494,  1201(1) Subsec. (c)(2). Pub. L. 11494,  1201(2) Subsec. (d)(3), (4). Pub. L. 11494,  1201(3)(A) Subsec. (d)(5). Pub. L. 11494,  1201(A) Subsec. (d)(6), (7). Pub. L. 11494,  1201(3)(A) Subsec. (e)(4)(B). Pub. L. 11494,  1201(4) Subsec. (g)(3)(A). Pub. L. 11494,  1201(5) Subsec. (h)(1)(I), (J). Pub. L. 11494,  1201(6)(A) Subsec. (h)(2)(A). Pub. L. 11494,  1201(6)(B) section 5301 of title 49 section 5301(c) of title 49 Subsec. (i)(2)(A)(i). Pub. L. 11494,  1201(7)(A)(i) Subsec. (i)(2)(G). Pub. L. 11494,  1201(7)(A)(ii) Subsec. (i)(2)(H). Pub. L. 11494,  1201(7)(A)(iii) Subsec. (i)(6)(A). Pub. L. 11494,  1201(7)(B) Subsec. (i)(8). Pub. L. 11494,  1201(7)(C) Subsec. (k)(3)(A). Pub. L. 11494,  1201(8)(A) Subsec. (k)(3)(C), (D). Pub. L. 11494,  1201(8)(B) Subsec. ( l Pub. L. 11494,  1201(9)(A) Subsec. ( l Pub. L. 11494,  1201(9)(B) Subsec. (n)(1). Pub. L. 11494,  1201(10) Subsec. (p). Pub. L. 11494,  1201(11) Subsec. (r). Pub. L. 11494,  1201(12) 2012 Pub. L. 112141 2008Subsec. (f)(3)(C)(ii)(II). Pub. L. 110244,  101(n)(1) Subsec. (j)(3)(D). Pub. L. 110244,  101(n)(2) Subsec. (k)(2). Pub. L. 110244,  101(n)(3) 2005 Pub. L. 10959 l o 1998Subsec. (a). Pub. L. 105178,  1203(a) Subsec. (b)(1), (2). Pub. L. 105178,  1203(b)(1) (1) In general (2) Membership of certain mpos June 1, 1991 Subsec. (b)(4). Pub. L. 105178,  1203(b)(2) Subsec. (b)(5)(A). Pub. L. 105178,  1203(b)(3) Subsec. (b)(6). Pub. L. 105178,  1203(b)(4) Subsec. (c). Pub. L. 105178,  1203(c) Subsec. (d). Pub. L. 105178,  1203(d) (1) In general (2) Compacts Subsec. (e). Pub. L. 105178,  1203(e) Subsec. (f). Pub. L. 105178,  1203(f) Subsec. (g). Pub. L. 105178,  1203(g)(6) Subsec. (g)(1). Pub. L. 105178,  1203(g)(8) Subsec. (g)(2). Pub. L. 105178,  1203(g)(1) Subsec. (g)(2)(A). Pub. L. 105178,  1203(g)(2) Subsec. (g)(2)(B). Pub. L. 105178,  1203(g)(3) Subsec. (g)(3). Pub. L. 105178,  1203(g)(8) Subsec. (g)(4). Pub. L. 105178,  1203(g)(4) Subsec. (g)(5). Pub. L. 105178,  1203(g)(7) Subsec. (g)(6). Pub. L. 105178,  1203(g)(5) Subsec. (h). Pub. L. 105178,  1203(h) Subsec. (h)(5)(A). Pub. L. 105178,  1203 o Pub. L. 105206,  9003(c) Subsec. (i)(1). Pub. L. 105178,  1203(i)(1) Public Law 96551 Subsec. (i)(4). Pub. L. 105178,  1203(i)(2) Subsec. (i)(5). Pub. L. 105178,  1203(i)(3) September 30, 1993 section 5336 of title 49 September 30, 1994 section 5336 of title 49 section 5306(a) of title 49 Subsec. (j). Pub. L. 105178,  1203(j) Subsec. ( l Pub. L. 105178,  1203(k) Subsec. (n). Pub. L. 105178,  1203 l section 104(f) of this title Subsec. ( o Pub. L. 105178,  1203(m) o 1995Subsec. (f)(16). Pub. L. 10459 1994Subsecs. (h)(5), (i)(3), (4). Pub. L. 103429,  3(5)(A) Subsec. (i)(5). Pub. L. 103429,  3(5)(B) section 5336 of title 49 section 5306(a) of title 49 o Subsec. (k). Pub. L. 103429,  3(5)(C) Subsecs. ( l Pub. L. 103429,  3(5)(C) 1992Subsec. (k). Pub. L. 102388 1991 Pub. L. 102240 1978Subsec. (a). Pub. L. 95599,  169(a) Subsecs. (b), (c). Pub. L. 95599,  169(b) 1970 Pub. L. 91605 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1998 Amendment Title IX of Pub. L. 105206 Pub. L. 105178 Pub. L. 105178 Pub. L. 105178 July 22, 1998 Pub. L. 105206 section 9016 of Pub. L. 105206 section 101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Fiscal Constraint on Long-Range Transportation Plans Pub. L. 11758, div. A, title I,  11202 Nov. 15, 2021 135 Stat. 519 Not later than 1 year after the date of enactment of this Act [ Nov. 15, 2021 Prioritization Process Pilot Program Pub. L. 11758, div. A, title I,  11204 Nov. 15, 2021 135 Stat. 520  (a)  Definitions In this section: (1)  Eligible entity The term eligible entity means any of the following: (A) A metropolitan planning organization that serves an area with a population of over 200,000. (B) A State. (2)  Metropolitan planning organization The term metropolitan planning organization has the meaning given the term in section 134(b) of title 23 (3)  Prioritization process pilot program The term prioritization process pilot program means the pilot program established under subsection (b)(1). (b)  Establishment. (1)  In general The Secretary [of Transportation] shall establish and solicit applications for a prioritization process pilot program. (2)  Purpose The purpose of the prioritization process pilot program shall be to support data-driven approaches to planning that, on completion, can be evaluated for public benefit. (c)  Pilot Program Administration. (1)  In general An eligible entity participating in the prioritization process pilot program shall (A) use priority objectives that are developed (i) in the case of an urbanized area with a population of over 200,000, by the metropolitan planning organization that serves the area, in consultation with the State; (ii) in the case of an urbanized area with a population of 200,000 or fewer, by the State in consultation with all metropolitan planning organizations in the State; and (iii) through a public process that provides an opportunity for public input; (B) assess and score projects and strategies on the basis of (i) the contribution and benefits of the project or strategy to each priority objective developed under subparagraph (A); (ii) the cost of the project or strategy relative to the contribution and benefits assessed and scored under clause (i); and (iii) public support; (C) use the scores assigned under subparagraph (B) to guide project selection in the development of the transportation plan and transportation improvement program; and (D) ensure that the public (i) has opportunities to provide public comment on projects before decisions are made on the transportation plan and the transportation improvement program; and (ii) has access to clear reasons why each project or strategy was selected or not selected. (2)  Requirements An eligible entity that receives a grant under the prioritization process pilot program shall use the funds as described in each of the following, as applicable: (A)  Metropolitan transportation planning In the case of a metropolitan planning organization that serves an area with a population of over 200,000, the entity shall (i) develop and implement a publicly accessible, transparent prioritization process for the selection of projects for inclusion on the transportation plan for the metropolitan planning area under section 134(i) of title 23 section 5303(i) of title 49 (I) include criteria identified by the metropolitan planning organization, which may be weighted to reflect the priority objectives developed under paragraph (1)(A), that the metropolitan planning organization has determined support (aa) factors described in section 134(h) of title 23 section 5303(h) of title 49 (bb) targets for national performance measures under section 150(b) of title 23 (cc) applicable transportation goals in the metropolitan planning area or State set by the applicable transportation agency; and (dd) priority objectives developed under paragraph (1)(A); (II) evaluate the outcomes for each proposed project on the basis of the benefits of the proposed project with respect to each of the criteria described in subclause (I) relative to the cost of the proposed project; and (III) use the evaluation under subclause (II) to create a ranked list of proposed projects; and (ii) with respect to the priority list under section 134(j)(2)(A) of title 23 section 5303(j)(2)(A) of title 49 (B)  Statewide transportation planning In the case of a State, the State shall (i) develop and implement a publicly accessible, transparent process for the selection of projects for inclusion on the long-range statewide transportation plan under section 135(f) of title 23 (I) include criteria identified by the State, which may be weighted to reflect statewide priorities, that the State has determined support (aa) factors described in section 135(d) of title 23 section 5304(d) of title 49 (bb) national transportation goals under section 150(b) of title 23 (cc) applicable transportation goals in the State; and (dd) the priority objectives developed under paragraph (1)(A); (II) evaluate the outcomes for each proposed project on the basis of the benefits of the proposed project with respect to each of the criteria described in subclause (I) relative to the cost of the proposed project; and (III) use the evaluation under subclause (II) to create a ranked list of proposed projects; and (ii) with respect to the statewide transportation improvement program under section 135(g) of title 23 section 5304(g) of title 49 (C)  Additional transportation planning If the eligible entity has implemented, and has in effect, the requirements under subparagraph (A) or (B), as applicable, the eligible entity may use any remaining funds from a grant provided under the pilot program for any transportation planning purpose. (D)  Exceptions to priority ranking In the case of any project that the eligible entity chooses to include or not include in the transportation improvement program under section 134(j) of title 23 section 135(g) of title 23 (i) a review of public comments regarding the project; (ii) an evaluation of public support for the project; (iii) an assessment of geographic balance of projects of the eligible entity; and (iv) the number of projects of the eligible entity in economically distressed areas. (3)  Maximum amount The maximum amount of a grant under the prioritization process pilot program is $2,000,000. (d)  Applications To be eligible to participate in the prioritization process pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Travel Demand Data and Modeling Pub. L. 11758, div. A, title I,  11205 Nov. 15, 2021 135 Stat. 523  (a)  Definition of Metropolitan Planning Organization In this section, the term metropolitan planning organization has the meaning given the term in section 134(b) of title 23 (b)  Study. (1)  In general Not later than 2 years after the date of enactment of this Act [ Nov. 15, 2021 (A) gathers travel data and travel demand forecasts from a representative sample of States and metropolitan planning organizations; (B) uses the data and forecasts gathered under subparagraph (A) to compare travel demand forecasts with the observed data, including (i) traffic counts; (ii) travel mode share and public transit ridership; and (iii) vehicle occupancy measures; and (C) uses the information described in subparagraphs (A) and (B) (i) to develop best practices or guidance for States and metropolitan planning organizations to use in forecasting travel demand for future investments in transportation improvements; (ii) to evaluate the impact of transportation investments, including new roadway capacity, on travel behavior and travel demand, including public transportation ridership, induced highway travel, and congestion; (iii) to support more accurate travel demand forecasting by States and metropolitan planning organizations; and (iv) to enhance the capacity of States and metropolitan planning organizations (I) to forecast travel demand; and (II) to track observed travel behavior responses, including induced travel, to changes in transportation capacity, pricing, and land use patterns. (2)  Secretarial support The Secretary shall seek opportunities to support the transportation planning processes under sections 134 and 135 of title 23, United States Code, through the provision of data to States and metropolitan planning organizations to improve the quality of plans, models, and forecasts described in this subsection. (3)  Evaluation tool The Secretary shall develop a publicly available multimodal web-based tool for the purpose of enabling States and metropolitan planning organizations to evaluate the effect of investments in highway and public transportation projects on the use and conditions of all transportation assets within the State or area served by the metropolitan planning organization, as applicable. Increasing Safe and Accessible Transportation Options Pub. L. 11758, div. A, title I,  11206 Nov. 15, 2021 135 Stat. 524  (a)  Definition of Complete Streets Standards or Policies In this section, the term Complete Streets standards or policies means standards or policies that ensure the safe and adequate accommodation of all users of the transportation system, including pedestrians, bicyclists, public transportation users, children, older individuals, individuals with disabilities, motorists, and freight vehicles. (b)  Funding Requirement Notwithstanding any other provision of law, each State and metropolitan planning organization shall use to carry out 1 or more activities described in subsection (c) (1) in the case of a State, not less than 2.5 percent of the amounts made available to the State to carry out section 505 of title 23 (2) in the case of a metropolitan planning organization, not less than 2.5 percent of the amounts made available to the metropolitan planning organization under section 104(d) of title 23 (c)  Activities Described An activity referred to in subsection (b) is an activity to increase safe and accessible options for multiple travel modes for people of all ages and abilities, which, if permissible under applicable State and local laws, may include (1) adoption of Complete Streets standards or policies; (2) development of a Complete Streets prioritization plan that identifies a specific list of Complete Streets projects to improve the safety, mobility, or accessibility of a street; (3) development of transportation plans (A) to create a network of active transportation facilities, including sidewalks, bikeways, or pedestrian and bicycle trails, to connect neighborhoods with destinations such as workplaces, schools, residences, businesses, recreation areas, healthcare and child care services, or other community activity centers; (B) to integrate active transportation facilities with public transportation service or improve access to public transportation; (C) to create multiuse active transportation infrastructure facilities, including bikeways or pedestrian and bicycle trails, that make connections within or between communities; (D) to increase public transportation ridership; and (E) to improve the safety of bicyclists and pedestrians; (4) regional and megaregional planning to address travel demand and capacity constraints through alternatives to new highway capacity, including through intercity passenger rail; and (5) development of transportation plans and policies that support transit-oriented development. (d)  Federal Share The Federal share of the cost of an activity carried out under this section shall be 80 percent, unless the Secretary [of Transportation] determines that the interests of the Federal-aid highway program would be best served by decreasing or eliminating the non-Federal share. (e)  State Flexibility A State or metropolitan planning organization, with the approval of the Secretary, may opt out of the requirements of this section if the State or metropolitan planning organization demonstrates to the Secretary, by not later than 30 days before the Secretary apportions funds for a fiscal year under section 104 [probably means section 104 of title 23 (1) has Complete Streets standards and policies in place; and (2) has developed an up-to-date Complete Streets prioritization plan as described in subsection (c)(2). Transportation Access Pilot Program Pub. L. 11758, div. A, title III,  13010 Nov. 15, 2021 135 Stat. 644  (a)  Definitions In this section: (1)  Metropolitan planning organization The term metropolitan planning organization has the meaning given the term in section 134(b) of title 23 (2)  State The term State has the meaning given the term in section 101(a) of title 23 (3)  Surface transportation modes The term surface transportation modes means (A) driving; (B) public transportation; (C) walking; (D) cycling; and (E) a combination of any of the modes of transportation described in subparagraphs (A) through (D). (4)  Pilot program The term pilot program means the transportation pilot program established under subsection (b). (5)  Regional transportation planning organization The term regional transportation planning organization has the meaning given the term in section 134(b) of title 23 (b)  Establishment Not later than 1 year after the date of enactment of this Act [ Nov. 15, 2021 (c)  Purpose The purpose of the pilot program is to develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the pilot program (1) to improve the transportation planning of those eligible entities by (A) measuring the level of access by surface transportation modes to important destinations, which may include (i) jobs; (ii) health care facilities; (iii) child care services; (iv) educational and workforce training facilities; (v) housing; (vi) food sources; (vii) points within the supply chain for freight commodities; (viii) domestic or international markets; and (ix) connections between surface transportation modes; and (B) disaggregating the level of access by surface transportation modes by a variety of (i) population categories, which may include (I) low-income populations; (II) minority populations; (III) age; (IV) disability; and (V) geographical location; or (ii) freight commodities, which may include (I) agricultural commodities; (II) raw materials; (III) finished products; and (IV) energy commodities; and (2) to assess the change in accessibility that would result from new transportation investments. (d)  Eligible Entities An entity eligible to participate in the pilot program is (1) a State; (2) a metropolitan planning organization; or (3) a regional transportation planning organization. (e)  Application To be eligible to participate in the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information relating to (1) previous experience of the eligible entity measuring transportation access or other performance management experience, if applicable; (2) the types of important destinations to which the eligible entity intends to measure access; (3) the types of data disaggregation the eligible entity intends to pursue; (4) a general description of the methodology the eligible entity intends to apply; and (5) if the applicant does not intend the pilot program to apply to the full area under the jurisdiction of the applicant, a description of the geographic area in which the applicant intends the pilot program to apply. (f)  Selection. (1)  In general The Secretary shall seek to achieve diversity of participants in the pilot program by selecting a range of eligible entities that shall include (A) States; (B) metropolitan planning organizations that serve an area with a population of 200,000 people or fewer; (C) metropolitan planning organizations that serve an area with a population of over 200,000 people; and (D) regional transportation planning organizations. (2)  Inclusions The Secretary shall seek to ensure that, among the eligible entities selected under paragraph (1), there is (A) a range of capacity and previous experience with measuring transportation access; and (B) a variety of proposed methodologies and focus areas for measuring level of access. (g)  Duties For each eligible entity participating in the pilot program, the Secretary shall (1) develop or acquire an accessibility data set described in subsection (c); and (2) submit the data set to the eligible entity. (h)  Methodology In calculating the measures for the data set under the pilot program, the Secretary shall ensure that methodology is open source. (i)  Availability The Secretary shall make an accessibility data set under the pilot program available to (1) units of local government within the jurisdiction of the eligible entity participating in the pilot program; and (2) researchers. (j)  Report Not later than 2 years after the date of enactment of this Act [ Nov. 15, 2021 (k)  Transportation System Access. (1)  In general The Secretary shall establish consistent measures that States, metropolitan planning organizations, and regional transportation planning organizations may choose to adopt to assess the level of safe and convenient access by surface transportation modes to important destinations as described in subsection (c)(1)(A). (2)  Savings provision Nothing in this section provides the Secretary the authority (A) to establish a performance measure or require States or metropolitan planning organizations to set a performance target for access as described in paragraph (1); or (B) to establish any other Federal requirement. (l)  Funding The Secretary shall carry out the pilot program using amounts made available to the Secretary for administrative expenses to carry out programs under the authority of the Secretary. (m)  Sunset The pilot program shall terminate on the date that is 8 years after the date on which the pilot program is implemented. Schedule for Implementation Pub. L. 10959, title VI,  6001(b) Aug. 10, 2005 119 Stat. 1857 The Secretary [of Transportation] shall issue guidance on a schedule for implementation of the changes made by this section [amending this section and section 135 of this title July 1, 2007 Demonstration Project for Restricted Access to Central Business District of Metropolitan Areas Pub. L. 95599, title I,  155 Nov. 6, 1978 92 Stat. 2717 Nov. 6, 1978 Reduction of Urban Blight Adjacent to Federal-Aid Primary and Interstate Highways Located in Central Business Districts Pub. L. 95599, title I,  159 Nov. 6, 1978 92 Stat. 2718 Nov. 6, 1978 Urban System Study Pub. L. 94280, title I,  149 May 5, 1976 90 Stat. 447 May 5, 1976 Fringe Parking Demonstration Projects Pub. L. 90495,  11 Aug. 23, 1968 82 Stat. 820 June 30, 1971 section 134 of this title Pub. L. 91605, title I,  134(c) Dec. 31, 1970 84 Stat. 1734 section 137 of this title  135. Statewide and nonmetropolitan transportation planning (a)  General Requirements. (1)  Development of plans and programs Subject to section 134, to accomplish the objectives stated in section 134(a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State. (2)  Contents The statewide transportation plan and the transportation improvement program developed for each State shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter van pool providers) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States. (3)  Process of development The process for developing the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 134(a) and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. (b)  Coordination With Metropolitan Planning; State Implementation Plan A State shall (1) coordinate planning carried out under this section with the transportation planning activities carried out under section 134 for metropolitan areas of the State and with statewide trade and economic development planning activities and related multistate planning efforts; and (2) develop the transportation portion of the State implementation plan as required by the Clean Air Act ( 42 U.S.C. 7401 (c)  Interstate Agreements. (1)  In general Two or more States may enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section related to interstate areas and localities in the States and establishing authorities the States consider desirable for making the agreements and compacts effective. (2)  Reservation of rights The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved. (d)  Scope of Planning Process. (1)  In general Each State shall carry out a statewide transportation planning process that provides for consideration and implementation of projects, strategies, and services that will (A) support the economic vitality of the United States, the States, nonmetropolitan areas, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency; (B) increase the safety of the transportation system for motorized and nonmotorized users; (C) increase the security of the transportation system for motorized and nonmotorized users; (D) increase the accessibility and mobility of people and freight; (E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns; (F) enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight; (G) promote efficient system management and operation; (H) emphasize the preservation of the existing transportation system; (I) improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation; and (J) enhance travel and tourism. (2)  Performance-based approach. (A)  In general The statewide transportation planning process shall provide for the establishment and use of a performance-based approach to transportation decisionmaking to support the national goals described in section 150(b) of this title section 5301 of title 49 (B)  Performance targets. (i)  Surface transportation performance targets. (I)  In general Each State shall establish performance targets that address the performance measures described in section 150(c), where applicable, to use in tracking progress towards attainment of critical outcomes for the State. (II)  Coordination Selection of performance targets by a State shall be coordinated with the relevant metropolitan planning organizations to ensure consistency, to the maximum extent practicable. (ii)  Public transportation performance targets In areas not represented by a metropolitan planning organization, selection of performance targets by a State shall be coordinated, to the maximum extent practicable, with providers of public transportation to ensure consistency with sections 5326(c) and 5329(d) of title 49. (C)  Integration of other performance-based plans A State shall integrate into the statewide transportation planning process, directly or by reference, the goals, objectives, performance measures, and targets described in this paragraph, in other State transportation plans and transportation processes, as well as any plans developed pursuant to chapter 53 of title 49 by providers of public transportation in areas not represented by a metropolitan planning organization required as part of a performance-based program. (D)  Use of performance measures and targets The performance measures and targets established under this paragraph shall be considered by a State when developing policies, programs, and investment priorities reflected in the statewide transportation plan and statewide transportation improvement program. (3)  Failure to consider factors The failure to take into consideration the factors specified in paragraphs (1) and (2) shall not be subject to review by any court under this title, chapter 53 of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a statewide transportation plan, a statewide transportation improvement program, a project or strategy, or the certification of a planning process. (e)  Additional Requirements In carrying out planning under this section, each State shall, at a minimum (1) with respect to nonmetropolitan areas, cooperate with affected local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m); (2) consider the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and (3) consider coordination of transportation plans, the transportation improvement program, and planning activities with related planning activities being carried out outside of metropolitan planning areas and between States. (f)  Long-range Statewide Transportation Plan. (1)  Development Each State shall develop a long-range statewide transportation plan, with a minimum 20-year forecast period for all areas of the State, that provides for the development and implementation of the intermodal transportation system of the State. (2)  Consultation with governments. (A)  Metropolitan areas The statewide transportation plan shall be developed for each metropolitan area in the State in cooperation with the metropolitan planning organization designated for the metropolitan area under section 134. (B)  Nonmetropolitan areas. (i)  In general With respect to nonmetropolitan areas, the statewide transportation plan shall be developed in cooperation with affected nonmetropolitan officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m). (ii)  Role of secretary The Secretary shall not review or approve the consultation process in each State. (C)  Indian tribal areas With respect to each area of the State under the jurisdiction of an Indian tribal government, the statewide transportation plan shall be developed in consultation with the tribal government and the Secretary of the Interior. (D)  Consultation, comparison, and consideration. (i)  In general The long-range transportation plan shall be developed, as appropriate, in consultation with State, tribal, and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation. (ii)  Comparison and consideration Consultation under clause (i) shall involve comparison of transportation plans to State and tribal conservation plans or maps, if available, and comparison of transportation plans to inventories of natural or historic resources, if available. (3)  Participation by interested parties. (A)  In general In developing the statewide transportation plan, the State shall provide to (i) nonmetropolitan local elected officials or, if applicable, through regional transportation planning organizations described in subsection (m), an opportunity to participate in accordance with subparagraph (B)(i); and (ii) citizens, affected public agencies, representatives of public transportation employees, public ports, freight shippers, private providers of transportation (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other interested parties a reasonable opportunity to comment on the proposed plan. (B)  Methods In carrying out subparagraph (A), the State shall, to the maximum extent practicable (i) develop and document a consultative process to carry out subparagraph (A)(i) that is separate and discrete from the public involvement process developed under clause (ii); (ii) hold any public meetings at convenient and accessible locations and times; (iii) employ visualization techniques to describe plans; and (iv) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A). (C)  Use of technology A State may use social media and other web-based tools (i) to further encourage public participation; and (ii) to solicit public feedback during the transportation planning process. (4)  Mitigation activities. (A)  In general A long-range transportation plan shall include a discussion of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan. (B)  Consultation The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies. (5)  Financial plan The statewide transportation plan may include (A) a financial plan that (i) demonstrates how the adopted statewide transportation plan can be implemented; (ii) indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and (iii) recommends any additional financing strategies for needed projects and programs; and (B) for illustrative purposes, additional projects that would be included in the adopted statewide transportation plan if reasonable additional resources beyond those identified in the financial plan were available. (6)  Selection of projects from illustrative list A State shall not be required to select any project from the illustrative list of additional projects included in the financial plan described in paragraph (5). (7)  Performance-based approach The statewide transportation plan shall include (A) a description of the performance measures and performance targets used in assessing the performance of the transportation system in accordance with subsection (d)(2); and (B) a system performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the performance targets described in subsection (d)(2), including progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports; (8)  Existing system The statewide transportation plan should include capital, operations and management strategies, investments, procedures, and other measures to ensure the preservation and most efficient use of the existing transportation system, including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated. (9)  Publication of long-range transportation plans Each long-range transportation plan prepared by a State shall be published or otherwise made available, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web. (g)  Statewide Transportation Improvement Program. (1)  Development. (A)  In general Each State shall develop a statewide transportation improvement program for all areas of the State. (B)  Duration and updating of program Each program developed under subparagraph (A) shall cover a period of 4 years and shall be updated every 4 years or more frequently if the Governor of the State elects to update more frequently. (2)  Consultation with governments. (A)  Metropolitan areas With respect to each metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 134. (B)  Nonmetropolitan areas. (i)  In general With respect to each nonmetropolitan area in the State, the program shall be developed in consultation with affected nonmetropolitan local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m). (ii)  Role of secretary The Secretary shall not review or approve the specific consultation process in the State. (C)  Indian tribal areas With respect to each area of the State under the jurisdiction of an Indian tribal government, the program shall be developed in consultation with the tribal government and the Secretary of the Interior. (3)  Participation by interested parties In developing the program, the State shall provide citizens, affected public agencies, representatives of public transportation employees, public ports, freight shippers, private providers of transportation (including intercity bus operators), providers of freight transportation services, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the proposed program. (4)  Performance target achievement A statewide transportation improvement program shall include, to the maximum extent practicable, a discussion of the anticipated effect of the statewide transportation improvement program toward achieving the performance targets established in the statewide transportation plan, linking investment priorities to those performance targets. (5)  Included projects. (A)  In general A transportation improvement program developed under this subsection for a State shall include Federally supported surface transportation expenditures within the boundaries of the State. (B)  Listing of projects. (i)  In general An annual listing of projects for which funds have been obligated for the preceding year in each metropolitan planning area shall be published or otherwise made available by the cooperative effort of the State, transit operator, and the metropolitan planning organization for public review. (ii)  Funding categories The listing described in clause (i) shall be consistent with the funding categories identified in each metropolitan transportation improvement program. (C)  Projects under chapter 2. (i)  Regionally significant projects Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program. (ii)  Other projects Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program. (D)  Consistency with statewide transportation plan Each project shall be (i) consistent with the statewide transportation plan developed under this section for the State; (ii) identical to the project or phase of the project as described in an approved metropolitan transportation plan; and (iii) in conformance with the applicable State air quality implementation plan developed under the Clean Air Act ( 42 U.S.C. 7401 42 U.S.C. 7501 (E)  Requirement of anticipated full funding The transportation improvement program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project. (F)  Financial plan. (i)  In general The transportation improvement program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the transportation improvement program, and recommends any additional financing strategies for needed projects and programs. (ii)  Additional projects The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. (G)  Selection of projects from illustrative list. (i)  No required selection Notwithstanding subparagraph (F), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F). (ii)  Required action by the secretary Action by the Secretary shall be required for a State to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F) for inclusion in an approved transportation improvement program. (H)  Priorities The transportation improvement program shall reflect the priorities for programming and expenditures of funds, including transportation enhancement activities, required by this title and chapter 53 of title 49. (6)  Project selection for areas of less than 50,000 population. (A)  In general Projects carried out in areas with populations of less than 50,000 individuals shall be selected, from the approved transportation improvement program (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program under this title or under sections 5310 and 5311 of title 49), by the State in cooperation with the affected nonmetropolitan local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m). (B)  Other projects Projects carried out in areas with populations of less than 50,000 individuals on the National Highway System or under the bridge program or the Interstate maintenance program under this title or under sections 5310 and 5311 of title 49 shall be selected, from the approved statewide transportation improvement program, by the State in consultation with the affected nonmetropolitan local officials with responsibility for transportation. (7)  Transportation improvement program approval Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved by the Secretary if based on a current planning finding. (8)  Planning finding A finding shall be made by the Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and programs are developed is consistent with this section and section 134. (9)  Modifications to project priority Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved transportation improvement program in place of another project in the program. (h)  Performance-based Planning Processes Evaluation. (1)  In general The Secretary shall establish criteria to evaluate the effectiveness of the performance-based planning processes of States, taking into consideration the following: (A) The extent to which the State is making progress toward achieving, the performance targets described in subsection (d)(2), taking into account whether the State developed appropriate performance targets. (B) The extent to which the State has made transportation investments that are efficient and cost-effective. (C) The extent to which the State (i) has developed an investment process that relies on public input and awareness to ensure that investments are transparent and accountable; and (ii) provides reports allowing the public to access the information being collected in a format that allows the public to meaningfully assess the performance of the State. (2)  Report. (A)  In general Not later than 5 years after the date of enactment of the MAP21, the Secretary shall submit to Congress a report evaluating (i) the overall effectiveness of performance-based planning as a tool for guiding transportation investments; and (ii) the effectiveness of the performance-based planning process of each State. (B)  Publication The report under subparagraph (A) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet. (i)  Funding Funds apportioned under section 104(b)(6) and set aside under section 5305(g) of title 49 (j)  Treatment of Certain State Laws as Congestion Management Processes For purposes of this section and section 134, and sections 5303 and 5304 of title 49, State laws, rules, or regulations pertaining to congestion management systems or programs may constitute the congestion management process under this section and section 134, and sections 5303 and 5304 of title 49, if the Secretary finds that the State laws, rules, or regulations are consistent with, and fulfill the intent of, the purposes of this section and section 134 and sections 5303 and 5304 of title 49, as appropriate. (k)  Continuation of Current Review Practice Since the statewide transportation plan and the transportation improvement program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the statewide transportation plans and the transportation improvement program are subject to review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 January 1, 1997 42 U.S.C. 4321 (l)  Schedule for Implementation The Secretary shall issue guidance on a schedule for implementation of the changes made by this section, taking into consideration the established planning update cycle for States. The Secretary shall not require a State to deviate from its established planning update cycle to implement changes made by this section. States shall reflect changes made to their transportation plan or transportation improvement program updates not later than 2 years after the date of issuance of guidance by the Secretary under this subsection. (m)  Designation of Regional Transportation Planning Organizations. (1)  In general To carry out the transportation planning process required by this section, a State may establish and designate regional transportation planning organizations to enhance the planning, coordination, and implementation of statewide strategic long-range transportation plans and transportation improvement programs, with an emphasis on addressing the needs of nonmetropolitan areas of the State. (2)  Structure A regional transportation planning organization shall be established as a multijurisdictional organization of nonmetropolitan local officials or their designees who volunteer for such organization and representatives of local transportation systems who volunteer for such organization. (3)  Requirements A regional transportation planning organization shall establish, at a minimum (A) a policy committee, the majority of which shall consist of nonmetropolitan local officials, or their designees, and, as appropriate, additional representatives from the State, private business, transportation service providers, economic development practitioners, and the public in the region; and (B) a fiscal and administrative agent, such as an existing regional planning and development organization, to provide professional planning, management, and administrative support. (4)  Duties The duties of a regional transportation planning organization shall include (A) developing and maintaining, in cooperation with the State, regional long-range multimodal transportation plans; (B) developing a regional transportation improvement program for consideration by the State; (C) fostering the coordination of local planning, land use, and economic development plans with State, regional, and local transportation plans and programs; (D) providing technical assistance to local officials; (E) participating in national, multistate, and State policy and planning development processes to ensure the regional and local input of nonmetropolitan areas; (F) providing a forum for public participation in the statewide and regional transportation planning processes; (G) considering and sharing plans and programs with neighboring regional transportation planning organizations, metropolitan planning organizations, and, where appropriate, tribal organizations; and (H) conducting other duties, as necessary, to support and enhance the statewide planning process under subsection (d). (5)  States without regional transportation planning organizations If a State chooses not to establish or designate a regional transportation planning organization, the State shall consult with affected nonmetropolitan local officials to determine projects that may be of regional significance. (Added Pub. L. 90495,  10(a) Aug. 23, 1968 82 Stat. 820 Pub. L. 91605, title I Dec. 31, 1970 84 Stat. 1718 Pub. L. 9387, title I,  119 Aug. 13, 1973 87 Stat. 259 Pub. L. 94280, title I,  123(a) May 5, 1976 90 Stat. 439 Pub. L. 102240, title I,  1025(a) Dec. 18, 1991 105 Stat. 1962 Pub. L. 103429,  3(6) Oct. 31, 1994 108 Stat. 4378 Pub. L. 105178, title I,  1204(a) June 9, 1998 112 Stat. 180184 Pub. L. 10959, title VI,  6001(a) Aug. 10, 2005 119 Stat. 1851 Pub. L. 112141, div. A, title I,  1202(a) July 6, 2012 126 Stat. 514 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1332 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 517  Editorial Notes  References in Text The Clean Air Act, referred to in subsecs. (b)(2) and (g)(5)(D)(iii), is act July 14, 1955, ch. 360 69 Stat. 322 section 7401 of Title 42 The date of enactment of the MAP21, referred to in subsec. (h)(2)(A), is deemed to be Oct. 1, 2012 Pub. L. 112141 section 101 of this title The National Environmental Policy Act of 1969, referred to in subsec. (k), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Prior Provisions A prior section 135, Pub. L. 89139,  4(a) Aug. 28, 1965 79 Stat. 578 Pub. L. 89564, title I,  102(a) Sept. 9, 1966 80 Stat. 734 section 402 of this title Amendments 2021Subsec. (f)(3)(C). Pub. L. 11758,  11201(b) Subsec. (g)(3). Pub. L. 11758,  11525(g)(1) Subsec. (g)(6)(B). Pub. L. 11758,  11525(g)(2) Subsec. (i). Pub. L. 11758,  11201(c) section 104(b) of this title 2015Subsec. (a)(2). Pub. L. 11494,  1202(1) Subsec. (d)(1)(I), (J). Pub. L. 11494,  1202(2)(A) Subsec. (d)(2)(A). Pub. L. 11494,  1202(2)(B)(i) section 5301 of title 49 section 5301(c) of title 49 Subsec. (d)(2)(B)(ii), (C). Pub. L. 11494,  1202(2)(B)(ii) Subsec. (f)(3)(A)(ii). Pub. L. 11494,  1202(3)(A) Subsec. (f)(7). Pub. L. 11494,  1202(3)(B) Subsec. (f)(8). Pub. L. 11494,  1202(3)(C) Subsec. (g)(3). Pub. L. 11494,  1202(4) Subsec. (i). Pub. L. 11494,  1104(e)(3) 2012 Pub. L. 112141 2005 Pub. L. 10959 1998Subsec. (a). Pub. L. 105178,  1204(a) section 134 of this title Subsec. (b). Pub. L. 105178,  1204(b) section 134 of this title Subsec. (c). Pub. L. 105178,  1204(c) Subsec. (d). Pub. L. 105178,  1204(d) (1) The coordination of transportation plans and programs developed for metropolitan areas of the State under section 134 with the State transportation plans and programs developed under this section and the reconciliation of such plans and programs as necessary to ensure connectivity within transportation systems. (2) Investment strategies to improve adjoining State and local roads that support rural economic growth and tourism development, Federal agency renewable resources management, and multipurpose land management practices, including recreation development. (3) The concerns of Indian tribal governments having jurisdiction over lands within the boundaries of the State. Subsec. (e). Pub. L. 105178,  1204(e) Subsec. (f). Pub. L. 105178,  1204(f) Subsec. (g). Pub. L. 105178,  1204(g) Subsec. (i). Pub. L. 105178,  1204(h) 1994Subsec. (f)(2). Pub. L. 103429,  3(6)(A) Subsec. (h). Pub. L. 103429,  3(6)(B) 1991 Pub. L. 102240 (a) The Congress hereby finds and declares it to be in the national interest that each State shall have a continuing program designed to reduce traffic congestion and facilitate the flow of traffic. (b) The Secretary may approve under this section any project for improvements on any public road which project will directly facilitate and control traffic flow on any of the Federal-aid systems. 1976 Pub. L. 94280 Subsec. (a). Pub. L. 94280 Subsec. (b). Pub. L. 94280 section 134 of this title Subsec. (c). Pub. L. 94280 1973Subsecs. (c), (d). Pub. L. 9387 section 104(b)(3) of this title 1970Subsec. (b). Pub. L. 91605 section 134 of this title Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Effective Date Section effective Aug. 23, 1968 section 37 of Pub. L. 90495 section 101 of this title Participation of Local Elected Officials Pub. L. 105178, title I,  1204(i) June 9, 1998 112 Stat. 184 June 9, 1998 Advanced Travel Forecasting Procedures Program Pub. L. 10959, title V,  5512 Aug. 10, 2005 119 Stat. 1828 Pub. L. 110244, title I,  111(g)(2) June 6, 2008 122 Stat. 1605  (a)  Continuation and Acceleration of TRANSIMS Deployment. (1)  In general The Secretary [of Transportation] shall accelerate the deployment of the advanced transportation model known as the Transportation Analysis Simulation System (in this section referred to as TRANSIMS), developed by the Los Alamos National Laboratory. (2)  Program application The purpose of the program is to assist State departments of transportation and metropolitan planning organizations (A) to implement TRANSIMS; (B) to develop methods for TRANSIMS applications to transportation planning, air quality analysis, regulatory compliance, and response to natural disasters and other transportation disruptions; and (C) to provide training and technical assistance for the implementation of TRANSIMS. (b)  Required Activities The Secretary [of Transportation] shall use funds made available to carry out this section to (1) provide funding to State departments of transportation and metropolitan planning organizations serving transportation management areas designated under chapter 52 [53] of title 49, United States Code, representing a diversity of populations, geographic regions, and analytic needs to implement TRANSIMS; (2) develop methods to demonstrate a wide spectrum of TRANSIMS applications to support local, metropolitan, statewide transportation planning, including integrating highway and transit operational considerations into the transportation Planning process, and estimating the effects of induced travel demand and transit ridership in making transportation conformity determinations where applicable; (3) provide training and technical assistance with respect to the implementation and application of TRANSIMS to States, local governments, and metropolitan planning organizations with responsibility for travel modeling; (4) to further develop TRANSIMS for additional applications, including (A) congestion analyses; (B) major investment studies; (C) economic impact analyses; (D) alternative analyses; (E) freight movement studies; (F) emergency evacuation studies; (G) port studies; (H) airport access studies; (I) induced demand studies; and (J) transit ridership analysis. (c)  Eligible Activities The program may support the development of methods to plan for the transportation response to chemical and biological terrorism and other security concerns. (d)  Allocation of Funds Not more than 75 percent of the funds made available to carry out this section may be allocated to activities described in subsection (b)(1). (e)  Funding Of the amounts made available by section 5101(a)(1) of this Act [ 119 Stat. 1779 Pub. L. 105178, title I,  1210 June 9, 1998 112 Stat. 187  (a)  Establishment The Secretary shall establish an advanced travel forecasting procedures program (1) to provide for completion of the advanced transportation model developed under the Transportation Analysis Simulation System (referred to in this section as TRANSIMS); and (2) to provide support for early deployment of the advanced transportation modeling computer software and graphics package developed under TRANSIMS and the program established under this section to States, local governments, and metropolitan planning organizations with responsibility for travel modeling. (b)  Eligible Activities The Secretary shall use funds made available under this section to (1) provide funding for completion of core development of the advanced transportation model; (2) develop user-friendly advanced transportation modeling computer software and graphics packages; (3) provide training and technical assistance with respect to the implementation and application of the advanced transportation model to States, local governments, and metropolitan planning organizations with responsibility for travel modeling; and (4) allocate funds to not more than 12 entities described in paragraph (3), representing a diversity of populations and geographic regions, for a pilot program to enable transportation management areas designated under section 134(i) [now 134(k)] of title 23, United States Code, to convert from the use of travel forecasting procedures in use by the areas as of the date of enactment of this Act [ June 9, 1998 (c)  Funding. (1)  In general There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $4,000,000 for fiscal year 1998, $3,000,000 for fiscal year 1999, $6,500,000 for fiscal year 2000, $5,000,000 for fiscal year 2001, $4,000,000 for fiscal year 2002, and $2,500,000 for fiscal year 2003. (2)  Allocation of funds. (A)  Fiscal years 1998 and 1999 For each of fiscal years 1998 and 1999, 100 percent of the funds made available under paragraph (1) shall be allocated to activities as described in paragraphs (1), (2), and (3) of subsection (b). (B)  Fiscal years 2000 through 2003 For each of fiscal years 2000 through 2003, not more than 50 percent of the funds made available under paragraph (1) may be allocated to activities described in subsection (b)(4). (3)  Contract authority Funds authorized under this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of (A) any activity described in paragraph (1), (2), or (3) of subsection (b) shall not exceed 100 percent; and (B) any activity described in subsection (b)(4) shall not exceed 80 percent. Demonstration Project for Automated Roadway Management System Pub. L. 95599, title I,  154 Nov. 6, 1978 92 Stat. 2716 Traffic Control Signalization Demonstration Projects Pub. L. 94280, title I,  146 May 5, 1976 90 Stat. 446 Authorization of Appropriations Pub. L. 89285, title III,  304 Oct. 22, 1965 79 Stat. 1033 Pub. L. 97449,  2(a) Jan. 12, 1983 96 Stat. 2439  Definitions For additional definitions of terms used in this section, see section 134 of this title  136. Control of junkyards (a) The Congress hereby finds and declares that the establishment and use and maintenance of junkyards in areas adjacent to the Interstate System and the primary system should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty. (b) Federal-aid highway funds apportioned on or after January 1, 1968 (c) Effective control means that by January 1, 1968 (d) The term junk shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. (e) The term automobile graveyard shall mean any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. (f) The term junkyard shall mean an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills. (g) Notwithstanding any provision of this section, junkyards, auto graveyards, and scrap metal processing facilities may be operated within areas adjacent to the Interstate System and the primary system which are within one thousand feet of the nearest edge of the right-of-way and which are zoned industrial under authority of State law, or which are not zoned under authority of State law, but are used for industrial activities, as determined by the several States subject to approval by the Secretary. (h) Notwithstanding any provision of this section, any junkyard in existence on the date of enactment of this section which does not conform to the requirements of this section and which the Secretary finds as a practical matter cannot be screened, shall not be required to be removed until July 1, 1970 (i) The Federal share of landscaping and screening costs under this section shall be 75 per centum. (j) Just compensation shall be paid the owner for the relocation, removal, or disposal of junkyards lawfully established under State law. The Federal share of such compensation shall be 75 per centum. (k) All public lands or reservations of the United States which are adjacent to any portion of the interstate and primary systems shall be effectively controlled in accordance with the provisions of this section. (l) Nothing in this section shall prohibit a State from establishing standards imposing stricter limitations with respect to outdoor junkyards on the Federal-aid highway systems than those established under this section. (m) There is authorized to be appropriated to carry out this section, out of any money in the Treasury not otherwise appropriated, not to exceed $20,000,000 for the fiscal year ending June 30, 1966 June 30, 1967 June 30, 1970 June 30, 1971 June 30, 1972 June 30, 1973 June 30, 1967 (n)  Definitions For purposes of this section, the terms primary system and Federal-aid primary system mean any highway that is on the National Highway System, which includes the Interstate Highway System. (Added Pub. L. 89285, title II,  201 Oct. 22, 1965 79 Stat. 1030 Pub. L. 89574,  8(a) Sept. 13, 1966 80 Stat. 768 Pub. L. 90495,  6(e) Aug. 23, 1968 82 Stat. 818 Pub. L. 91605, title I,  122(b) Dec. 31, 1970 84 Stat. 1726 Pub. L. 93643,  110 Jan. 4, 1975 88 Stat. 2285 Pub. L. 112141, div. A, title I,  1404(b) July 6, 2012 126 Stat. 557 Pub. L. 11494, div. A, title I,  1104(e)(4) Dec. 4, 2015 129 Stat. 1332  Editorial Notes Amendments 2015Subsec. (b). Pub. L. 11494 2012Subsec. (b). Pub. L. 112141,  1404(b)(1) section 104 of this title Subsec. (n). Pub. L. 112141,  1404(b)(2) 1975Subsec. (j). Pub. L. 93643 Oct. 22, 1965 Oct. 22, 1965 Jan. 1, 1968 Jan. 1, 1968 1970Subsec. (m). Pub. L. 91605 June 30, 1971 1968Subsec. (m). Pub. L. 90495 June 30, 1970 1966Subsec. (m). Pub. L. 89574 June 30, 1967 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90495 August 23, 1968 section 37 of Pub. L. 90495 section 502 of this title Acquisition of Dwellings Prohibition against the use of eminent domain to acquire any dwelling (including related buildings) under the terms of Pub. L. 89285 section 305 of Pub. L. 89285 section 131 of this title Taking of Private Property Without Just Compensation Prohibition against the taking of private property or the restriction of reasonable and existing use by such taking without just compensation under the terms of Pub. L. 89285 section 401 of Pub. L. 89285 section 131 of this title  137. Fringe and corridor parking facilities (a) The Secretary may approve as a project on a Federal-aid highway the acquisition of land adjacent to the right-of-way outside a central business district, as defined by the Secretary, and the construction of publicly owned parking facilities thereon or within such right-of-way, including the use of the air space above and below the established grade line of the highway pavement, to serve an urban area of fifty thousand population or more. Such parking facility shall be located and designed in conjunction with existing or planned public transportation facilities. In the event fees are charged for the use of any such facility, the rate thereof shall not be in excess of that required for maintenance and operation (including compensation to any person for operating such facility). (b) The Secretary shall not approve any project under this section until (1) he has determined that the State, or the political subdivision thereof, where such project is to be located, or any agency or instrumentality of such State or political subdivision, has the authority and capability of constructing, maintaining, and operating the facility; (2) he has entered into an agreement governing the financing, maintenance, and operation of the parking facility with such State, political subdivision, agency, or instrumentality, including necessary requirements to insure that adequate public transportation services will be available to persons using such facility; and (3) he has approved design standards for constructing such facility developed in cooperation with the State transportation department. (c) The term parking facilities for purposes of this section shall include access roads, buildings, structures, equipment, improvements, and interests in lands. (d) Nothing in this section, or in any rule or regulation issued under this section, or in any agreement required by this section, shall prohibit (1) any State, political subdivision, or agency or instrumentality thereof, from contracting with any person to operate any parking facility constructed under this section, or (2) any such person from so operating such facility. (e) The Secretary shall not approve any project under this section unless he determines that it is based on a continuing comprehensive transportation planning process carried on in accordance with section 134 of this title (f) (1) The Secretary may approve for Federal financial assistance from funds apportioned under section 104(b)(1), projects for designating existing facilities, or for acquisition of rights of way or construction of new facilities, including the addition of electric vehicle charging stations or natural gas vehicle refueling stations, for use as preferential parking for carpools, provided that such facilities (A) are located outside of a central business district and within an interstate highway corridor, and (B) have as their primary purpose the reduction of vehicular traffic on the interstate highway. (2) Nothing in this subsection, or in any rule or regulation issued under this subsection, or in any agreement required by this subsection, shall prohibit (A) any State, political subdivision, or agency or instrumentality thereof, from contracting with any person to operate any parking facility designated or constructed under this subsection, or (B) any such person from so operating such facility. Any fees charged for the use of any such facility in connection with the purpose of this subsection shall not be in excess of the amount required for operation and maintenance, including compensation to any person for operating the facility. (3) For the purposes of this subsection, the terms facilities and parking facilities are synonymous and shall have the same meaning given parking facilities in subsection (c) of this section. (g)  Funding The addition of electric vehicle charging stations or natural gas vehicle refueling stations to new or previously funded parking facilities shall be eligible for funding under this section. (Added Pub. L. 89574,  8(c)(1) Sept. 13, 1966 80 Stat. 768 Pub. L. 91605, title I,  134(a) Dec. 31, 1970 84 Stat. 1733 Pub. L. 97424, title I,  118 Jan. 6, 1983 96 Stat. 2110 Pub. L. 105178, title I l June 9, 1998 112 Stat. 126 Pub. L. 10959, title I,  1921 Aug. 10, 2005 119 Stat. 1480 Pub. L. 112141, div. A, title I,  1513(a) July 6, 2012 126 Stat. 572  Editorial Notes Amendments 2012Subsec. (f)(1). Pub. L. 112141,  1513(a)(1) Subsec. (g). Pub. L. 112141,  1513(a)(2) 2005Subsec. (a). Pub. L. 10959 1998Subsec. (b)(3). Pub. L. 105178,  1212(a)(2)(A)(i) Subsec. (f)(1). Pub. L. 105178,  1103 l section 104(b)(5)(B) of this title 1983Subsec. (f). Pub. L. 97424 1970 Pub. L. 91605 Subsec. (a). Pub. L. 91605 May 1, 1966 Subsec. (b). Pub. L. 91605 May 1, 1966 Subsec. (c). Pub. L. 91605 May 1, 1966 section 4061(a)(2) of Title 26 Subsecs. (d), (e). Pub. L. 91605 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Relinquishment of Park-and-Ride Lot Facilities Pub. L. 11494, div. A, title I,  1423 Dec. 4, 2015 129 Stat. 1425  A State transportation agency may relinquish park-and-ride lot facilities or portions of park-and-ride lot facilities to a local government agency for highway purposes if authorized to do so under State law if the agreement providing for the relinquishment provides that (1) rights-of-way on the Interstate System will remain available for future highway improvements; and (2) modifications to the facilities that could impair the highway or interfere with the free and safe flow of traffic are subject to the approval of the Secretary [of Transportation]. Jasons Law Pub. L. 112141, div. A, title I,  1401 July 6, 2012 126 Stat. 554  (a)  In General It is the sense of Congress that it is a national priority to address projects under this section for the shortage of long-term parking for commercial motor vehicles on the National Highway System to improve the safety of motorized and nonmotorized users and for commercial motor vehicle operators. (b)  Eligible Projects Eligible projects under this section are those that (1) serve the National Highway System; and (2) may include the following: (A) Constructing safety rest areas (as defined in section 120(c) of title 23 (B) Constructing commercial motor vehicle parking facilities adjacent to commercial truck stops and travel plazas. (C) Opening existing facilities to commercial motor vehicle parking, including inspection and weigh stations and park-and-ride facilities. (D) Promoting the availability of publicly or privately provided commercial motor vehicle parking on the National Highway System using intelligent transportation systems and other means. (E) Constructing turnouts along the National Highway System for commercial motor vehicles. (F) Making capital improvements to public commercial motor vehicle parking facilities currently closed on a seasonal basis to allow the facilities to remain open year-round. (G) Improving the geometric design of interchanges on the National Highway System to improve access to commercial motor vehicle parking facilities. (c)  Survey and Comparative Assessment. (1)  In general Not later than 18 months after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112141 section 101 of this title (A) to evaluate the capability of the State to provide adequate parking and rest facilities for commercial motor vehicles engaged in interstate transportation; (B) to assess the volume of commercial motor vehicle traffic in the State; and (C) to develop a system of metrics to measure the adequacy of commercial motor vehicle parking facilities in the State. (2)  Results The results of the survey under paragraph (1) shall be made available to the public on the website of the Department of Transportation. (3)  Periodic updates The Secretary shall periodically update the survey under this subsection. (d)  Electric Vehicle and Natural Gas Vehicle Infrastructure. (1)  In general Except as provided in paragraph (2), a State may establish electric vehicle charging stations or natural gas vehicle refueling stations for the use of battery-powered or natural gas-fueled trucks or other motor vehicles at any parking facility funded or authorized under this Act [see Tables for classification] or title 23, United States Code. (2)  Exception Electric vehicle battery charging stations or natural gas vehicle refueling stations may not be established or supported under paragraph (1) if commercial establishments serving motor vehicle users are prohibited by section 111 of title 23 (3)  Funds Charging or refueling stations described in paragraph (1) shall be eligible for the same funds as are available for the parking facilities in which the stations are located. (e)  Treatment of Projects Notwithstanding any other provision of law, projects funded through the authority provided under this section shall be treated as projects on a Federal-aid highway under chapter 1 of title 23, United States Code. Truck Parking Facilities Pub. L. 10959, title I,  1305 Aug. 10, 2005 119 Stat. 1214 Pub. L. 112141, div. A, title I,  1519(b)(2) July 6, 2012 126 Stat. 575  138. Preservation of parklands (a)  Declaration of Policy. (1)  In general It is the national policy that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites. (2)  Cooperation and consultation. (A)  In general The Secretary shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of the lands traversed. (B)  Timeline for approvals. (i)  In general The Secretary shall (I) provide an evaluation under this section to the Secretaries described in subparagraph (A); and (II) provide a period of 30 days for receipt of comments. (ii)  Assumed acceptance If the Secretary does not receive comments by 15 days after the deadline under clause (i)(II), the Secretary shall assume a lack of objection and proceed with the action. (C)  Effect Nothing in subparagraph (B) affects (i) the requirements under (I) subsections (b) through (f); or (II) the consultation process under section 306108 of title 54 (ii) programmatic section 4(f) evaluations, as described in regulations issued by the Secretary. (3)  Requirement After the effective date of the Federal-Aid Highway Act of 1968, the Secretary shall not approve any program or project (other than any project for a Federal lands transportation facility) which requires the use of any publicly owned land from a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance as determined by the Federal, State, or local officials having jurisdiction thereof, or any land from an historic site of national, State, or local significance as so determined by such officials unless (A) there is no feasible and prudent alternative to the use of the land; and (B) the program includes all possible planning to minimize harm to such park, recreational area, wildlife and waterfowl refuge, or historic site resulting from such use. (4)  Studies In carrying out the national policy declared in this section the Secretary, in cooperation with the Secretary of the Interior and appropriate State and local officials, is authorized to conduct studies as to the most feasible Federal-aid routes for the movement of motor vehicular traffic through or around national parks so as to best serve the needs of the traveling public while preserving the natural beauty of these areas. (b)  De Minimis Impacts. (1)  Requirements. (A)  Requirements for historic sites The requirements of this section shall be considered to be satisfied with respect to an area described in paragraph (2) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area. (B)  Requirements for parks, recreation areas, and wildlife or waterfowl refuges The requirements of subsection (a)(1) shall be considered to be satisfied with respect to an area described in paragraph (3) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area. The requirements of subsection (a)(2) with respect to an area described in paragraph (3) shall not include an alternatives analysis. (C)  Criteria In making any determination under this subsection, the Secretary shall consider to be part of a transportation program or project any avoidance, minimization, mitigation, or enhancement measures that are required to be implemented as a condition of approval of the transportation program or project. (2)  Historic sites With respect to historic sites, the Secretary may make a finding of de minimis impact only if (A) the Secretary has determined, in accordance with the consultation process required under section 306108 of title 54 (i) the transportation program or project will have no adverse effect on the historic site; or (ii) there will be no historic properties affected by the transportation program or project; (B) the finding of the Secretary has received written concurrence from the applicable State historic preservation officer or tribal historic preservation officer (and from the Advisory Council on Historic Preservation if the Council is participating in the consultation process); and (C) the finding of the Secretary has been developed in consultation with parties consulting as part of the process referred to in subparagraph (A). (3)  Parks, recreation areas, and wildlife or waterfowl refuges With respect to parks, recreation areas, or wildlife or waterfowl refuges, the Secretary may make a finding of de minimis impact only if (A) the Secretary has determined, after public notice and opportunity for public review and comment, that the transportation program or project will not adversely affect the activities, features, and attributes of the park, recreation area, or wildlife or waterfowl refuge eligible for protection under this section; and (B) the finding of the Secretary has received concurrence from the officials with jurisdiction over the park, recreation area, or wildlife or waterfowl refuge. (c)  Satisfaction of Requirements for Certain Historic Sites. (1)  In general The Secretary shall (A) align, to the maximum extent practicable, with the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 section 306108 of title 54 (B) not later than 90 days after the date of enactment of this subsection, coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation (referred to in this subsection as the Council) to establish procedures to satisfy the requirements described in subparagraph (A) (including regulations). (2)  Avoidance alternative analysis. (A)  In general If, in an analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (i) include the determination of the Secretary in the analysis required under that Act; (ii) provide a notice of the determination to (I) each applicable State historic preservation officer and tribal historic preservation officer; (II) the Council, if the Council is participating in the consultation process under section 306108 of title 54 (III) the Secretary of the Interior; and (iii) request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy subsection (a)(1). (B)  Concurrence If the applicable preservation officer, the Council, and the Secretary of the Interior each provide a concurrence requested under subparagraph (A)(iii), no further analysis under subsection (a)(1) shall be required. (C)  Publication A notice of a determination, together with each relevant concurrence to that determination, under subparagraph (A) shall (i) be included in the record of decision or finding of no significant impact of the Secretary; and (ii) be posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii). (3)  Aligning historical reviews. (A)  In general If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy subsection (a)(2) through the consultation requirements of section 306108 of title 54 (B)  Satisfaction of conditions To satisfy subsection (a)(2), each individual described in paragraph (2)(A)(ii) shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54 (d)  References to Past Transportation Environmental Authorities. (1)  Section 4(f) requirements The requirements of this section are commonly referred to as section 4(f) requirements (see section 4(f) of the Department of Transportation Act ( Public Law 89670 80 Stat. 934 (2)  Section 106 requirements The requirements of section 306108 of title 54 Public Law 89665 80 Stat. 917 (e)  Bridge Exemption From Consideration A common post-1945 concrete or steel bridge or culvert (as described in 77 Fed. Reg. 68790) that is exempt from individual review under section 306108 of title 54 (f)  Rail and Transit. (1)  In general Improvements to, or the maintenance, rehabilitation, or operation of, railroad or rail transit lines or elements thereof that are in use or were historically used for the transportation of goods or passengers shall not be considered a use of a historic site under subsection (a), regardless of whether the railroad or rail transit line or element thereof is listed on, or eligible for listing on, the National Register of Historic Places. (2)  Exceptions. (A)  In general Paragraph (1) shall not apply to (i) stations; or (ii) bridges or tunnels located on (I) railroad lines that have been abandoned; or (II) transit lines that are not in use. (B)  Clarification with respect to certain bridges and tunnels The bridges and tunnels referred to in subparagraph (A)(ii) do not include bridges or tunnels located on railroad or transit lines (i) over which service has been discontinued; or (ii) that have been railbanked or otherwise reserved for the transportation of goods or passengers. (Added Pub. L. 89574,  15(a) Sept. 13, 1966 80 Stat. 771 Pub. L. 90495,  18(a) Aug. 23, 1968 82 Stat. 823 Pub. L. 94280, title I,  124 May 5, 1976 90 Stat. 440 Pub. L. 10017, title I,  133(b)(10) Apr. 2, 1987 101 Stat. 171 Pub. L. 10959, title VI,  6009(a)(1) Aug. 10, 2005 119 Stat. 1874 Pub. L. 112141, div. A, title I,  1119(c)(2) July 6, 2012 126 Stat. 492 Pub. L. 113287,  5(f)(2) Dec. 19, 2014 128 Stat. 3268 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1375 Pub. L. 11758, div. A, title I,  11316 Nov. 15, 2021 135 Stat. 543  Editorial Notes  References in Text For the effective date of the Federal-Aid Highway Act of 1968, referred to in subsec. (a)(3), see section 37 of Pub. L. 90495 section 101 of this title The National Environmental Policy Act of 1969, referred to in subsec. (c)(1)(A), (2)(A), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The date of enactment of this subsection, referred to in subsec. (c)(1)(B), is the date of enactment of Pub. L. 11494 Dec. 4, 2015 Amendments 2021Subsec. (a)(1). Pub. L. 11758,  11316(4) Subsec. (a)(2). Pub. L. 11758,  11316(3) Subsec. (a)(3). Pub. L. 11758,  11316(2) Subsec. (a)(4). Pub. L. 11758,  11316(1) 2015Subsec. (c). Pub. L. 11494,  1301(a) Subsec. (d). Pub. L. 11494,  1302(a) Subsec. (e). Pub. L. 11494,  1303(a) Subsec. (f). Pub. L. 11494,  11502(a) 2014Subsec. (b)(2)(A). Pub. L. 113287 section 306108 of title 54 16 U.S.C. 470f 2012Subsec. (a). Pub. L. 112141 section 204 of this title 2005 Pub. L. 10959,  6009(a)(1)(A) Declaration of Policy Subsec. (b). Pub. L. 10959,  6009(a)(1)(B) 1987 Pub. L. 10017 section 204 of this title 1976 Pub. L. 94280 1968 Pub. L. 90495 section 1653(f) of Title 49 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90495 Aug. 23, 1968 section 37 of Pub. L. 90495 section 101 of this title Clarification of Existing Standards Pub. L. 10959, title VI,  6009(b) Aug. 10, 2005 119 Stat. 1876  (1)  In general Not later than 1 year after the date of enactment of this Act [ Aug. 10, 2005 section 138 of title 23 section 303 of title 49 (2)  Requirements The regulations (A) shall clarify the application of the legal standards to a variety of different types of transportation programs and projects depending on the circumstances of each case; and (B) may include, as appropriate, examples to facilitate clear and consistent interpretation by agency decisionmakers. Study of Transit Needs in National Parks and Related Public Lands Pub. L. 105178, title III,  3039 June 9, 1998 112 Stat. 393 Pub. L. 105206, title IX,  9009(y) July 22, 1998 112 Stat. 862  (a)  Purposes The purposes of this section are to encourage and promote the development of transportation systems for the betterment of the national parks and other units of the National Park System, national wildlife refuges, recreational areas, and other public lands in order to conserve natural, historical, and cultural resources and prevent adverse impact, relieve congestion, minimize transportation fuel consumption, reduce pollution (including noise and visual pollution), and enhance visitor mobility and accessibility and the visitor experience. (b)  Study. (1)  In general The Secretary, in coordination with the Secretary of the Interior, shall undertake a comprehensive study of alternative transportation needs in national parks and related public lands managed by Federal land management agencies [to] assist in carrying out the purposes described in subsection (a). The study shall be submitted to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate not later than January 1, 2000 (2)  Study elements The study required by paragraph (1) shall (A) identify transportation strategies that improve the management of the national parks and related public lands; (B) identify national parks and related public lands with existing and potential problems of adverse impact, high congestion, and pollution, or which can benefit from alternative transportation modes; (C) assess the feasibility of alternative transportation modes; and (D) identify and estimate the costs of alternative transportation modes for each of the national parks and related public lands referred to in paragraph (1). (3)  Definition For purposes of this subsection, the term Federal land management agencies means the National Park Service, the United States Fish and Wildlife Service, and the Bureau of Land Management. Study of Alternative Transportation Modes in National Park System Pub. L. 102240, title I,  1050 Dec. 18, 1991 105 Stat. 2000  (a)  In General Not later than 12 months after the date of the enactment of this Act [ Dec. 18, 1991 (b)  Funding From sums authorized to be appropriated for park roads and parkways for fiscal year 1992, $300,000 shall be available to carry out this section.  139. Efficient environmental reviews for project decisionmaking and One Federal Decision (a)  Definitions In this section, the following definitions apply: (1)  Agency The term agency means any agency, department, or other unit of Federal, State, local, or Indian tribal government. (2)  Authorization The term authorization means any environmental license, permit, approval, finding, or other administrative decision related to the environmental review process that is required under Federal law to site, construct, or reconstruct a project. (3)  Environmental document The term environmental document includes an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (4)  Environmental impact statement The term environmental impact statement means the detailed statement of environmental impacts required to be prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (5)  Environmental review process. (A)  In general The term environmental review process means the process for preparing for a project an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B)  Inclusions The term environmental review process includes the process and schedule, including a timetable for and completion of any environmental permit, approval, review, or study required for a project under any Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (6)  Lead agency The term lead agency means the Department of Transportation and, if applicable, any State or local governmental entity serving as a joint lead agency pursuant to this section. (7)  Major project. (A)  In general The term major project means a project for which (i) multiple permits, approvals, reviews, or studies are required under a Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (ii) the project sponsor has identified the reasonable availability of funds sufficient to complete the project; (iii) the project is not a covered project (as defined in section 41001 of the FAST Act ( 42 U.S.C. 4370m (iv) (I) the head of the lead agency has determined that an environmental impact statement is required; or (II) the head of the lead agency has determined that an environmental assessment is required, and the project sponsor requests that the project be treated as a major project. (B)  Clarification In this section, the term major project does not have the same meaning as the term major project as described in section 106(h). (8)  Multimodal project The term multimodal project means a project that requires the approval of more than 1 Department of Transportation operating administration or secretarial office. (9)  Project. (A)  In general The term project means any highway project, public transportation capital project, or multimodal project that, if implemented as proposed by the project sponsor, would require approval by any operating administration or secretarial office within the Department of Transportation. (B)  Considerations In determining whether a project is a project under subparagraph (A), the Secretary shall take into account, if known, any sources of Federal funding or financing identified by the project sponsor, including any discretionary grant, loan, and loan guarantee programs administered by the Department of Transportation. (10)  Project sponsor The term project sponsor means the agency or other entity, including any private or public-private entity, that seeks approval of the Secretary for a project. (11)  State transportation department The term State transportation department means any statewide agency of a State with responsibility for one or more modes of transportation. (b)  Applicability. (1)  In general The project development procedures in this section are applicable to all projects, including major projects, for which an environmental impact statement is prepared under the National Environmental Policy Act ( 42 U.S.C. 4321 (2)  Flexibility Any authorities granted in this section may be exercised, and any requirements established under this section may be satisfied, for a project, class of projects, or program of projects. (3)  Programmatic compliance. (A)  In general The Secretary shall allow for the use of programmatic approaches to conduct environmental reviews that (i) eliminate repetitive discussions of the same issues; (ii) focus on the actual issues ripe for analyses at each level of review; and (iii) are consistent with (I) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (II) other applicable laws. (B)  Requirements In carrying out subparagraph (A), the Secretary shall ensure that programmatic reviews (i) promote transparency, including the transparency of (I) the analyses and data used in the environmental reviews; (II) the treatment of any deferred issues raised by agencies or the public; and (III) the temporal and spatial scales to be used to analyze issues under subclauses (I) and (II); (ii) use accurate and timely information, including through establishment of (I) criteria for determining the general duration of the usefulness of the review; and (II) a timeline for updating an out-of-date review; (iii) describe (I) the relationship between any programmatic analysis and future tiered analysis; and (II) the role of the public in the creation of future tiered analysis; (iv) are available to other relevant Federal and State agencies, Indian tribes, and the public; and (v) provide notice and public comment opportunities consistent with applicable requirements. (c)  Lead Agencies. (1)  Federal lead agency. (A)  In general The Department of Transportation, or an operating administration thereof designated by the Secretary, shall be the Federal lead agency in the environmental review process for a project. (B)  Modal administration If the project requires approval from more than 1 modal administration within the Department, the Secretary may designate a single modal administration to serve as the Federal lead agency for the Department in the environmental review process for the project. (2)  Joint lead agencies Nothing in this section precludes another agency from being a joint lead agency in accordance with regulations under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (3)  Project sponsor as joint lead agency Any project sponsor that is a State or local governmental entity receiving funds under this title or chapter 53 of title 49 for the project shall serve as a joint lead agency with the Department for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (4)  Ensuring compliance The Secretary shall ensure that the project sponsor complies with all design and mitigation commitments made jointly by the Secretary and the project sponsor in any environmental document prepared by the project sponsor in accordance with this subsection and that such document is appropriately supplemented if project changes become necessary. (5)  Adoption and use of documents Any environmental document prepared in accordance with this subsection may be adopted or used by any Federal agency making any approval to the same extent that such Federal agency could adopt or use a document prepared by another Federal agency. (6)  Roles and responsibility of lead agency With respect to the environmental review process for any project, the lead agency shall have authority and responsibility (A) to take such actions as are necessary and proper, within the authority of the lead agency, to facilitate the expeditious resolution of the environmental review process for the project; (B) to prepare or ensure that any required environmental impact statement or other document required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (C) to consider and respond to comments received from participating agencies on matters within the special expertise or jurisdiction of those agencies; and (D) to calculate annually the average time taken by the lead agency to complete all environmental documents for each project during the previous fiscal year. (7)  Process improvements for projects. (A)  In general The Secretary shall review (i) existing practices, procedures, rules, regulations, and applicable laws to identify impediments to meeting the requirements applicable to projects under this section; and (ii) best practices, programmatic agreements, and potential changes to internal departmental procedures that would facilitate an efficient environmental review process for projects. (B)  Consultation In conducting the review under subparagraph (A), the Secretary shall consult, as appropriate, with the heads of other Federal agencies that participate in the environmental review process. (C)  Report Not later than 2 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes (i) the results of the review under subparagraph (A); and (ii) an analysis of whether additional funding would help the Secretary meet the requirements applicable to projects under this section. (d)  Participating Agencies. (1)  In general The lead agency shall be responsible for inviting and designating participating agencies in accordance with this subsection. (2)  Invitation Not later than 45 days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the lead agency shall identify any other Federal and non-Federal agencies that may have an interest in the project, and shall invite such agencies to become participating agencies in the environmental review process for the project. The invitation shall set a deadline for responses to be submitted. The deadline may be extended by the lead agency for good cause. (3)  Federal participating agencies Any Federal agency that is invited by the lead agency to participate in the environmental review process for a project shall be designated as a participating agency by the lead agency unless the invited agency informs the lead agency, in writing, by the deadline specified in the invitation that the invited agency (A) has no jurisdiction or authority with respect to the project; (B) has no expertise or information relevant to the project; and (C) does not intend to submit comments on the project. (4)  Effect of designation. (A)  Requirement A participating agency shall comply with the requirements of this section. (B)  Implication Designation as a participating agency under this subsection shall not imply that the participating agency (i) supports a proposed project; or (ii) has any jurisdiction over, or special expertise with respect to evaluation of, the project. (5)  Cooperating agency A participating agency may also be designated by a lead agency as a cooperating agency under the regulations contained in part 1500 of title 40, Code of Federal Regulations. (6)  Designations for categories of projects The Secretary may exercise the authorities granted under this subsection for a project, class of projects, or program of projects. (7)  Concurrent reviews Each participating agency and cooperating agency shall (A) carry out the obligations of that agency under other applicable law concurrently, and in conjunction, with the review required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner. (8)  Single environmental document. (A)  In general Except as inconsistent with paragraph (7) and except as provided in subparagraph (D), to the maximum extent practicable and consistent with Federal law, all Federal authorizations and reviews for a project shall rely on a single environmental document for each kind of environmental document prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B)  Use of document (i)  In general To the maximum extent practicable, the lead agency shall develop environmental documents sufficient to satisfy the requirements for any Federal approval or other Federal action required for the project, including authorizations by other Federal agencies. (ii)  Cooperation of participating agencies Other participating agencies shall cooperate with the lead agency and provide timely information to help the lead agency carry out this subparagraph. (C)  Treatment as participating and cooperating agencies A Federal agency required to make an approval or take an action for a project, as described in subparagraph (B), shall work with the lead agency for the project to ensure that the agency making the approval or taking the action is treated as being both a participating and cooperating agency for the project. (D)  Exceptions The lead agency may waive the application of subparagraph (A) with respect to a project if (i) the project sponsor requests that agencies issue separate environmental documents; (ii) the obligations of a cooperating agency or participating agency under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (iii) the lead agency determines that reliance on a single environmental document (as described in subparagraph (A)) would not facilitate timely completion of the environmental review process for the project. (9)  Participating agency responsibilities An agency participating in the environmental review process under this section shall (A) provide comments, responses, studies, or methodologies on those areas within the special expertise or jurisdiction of the agency; and (B) use the process to address any environmental issues of concern to the agency. (10)  Timely authorizations for major projects. (A)  Deadline Except as provided in subparagraph (C), all authorization decisions necessary for the construction of a major project shall be completed by not later than 90 days after the date of the issuance of a record of decision for the major project. (B)  Detail The final environmental impact statement for a major project shall include an adequate level of detail to inform decisions necessary for the role of the participating agencies and cooperating agencies in the environmental review process. (C)  Extension of deadline The head of the lead agency may extend the deadline under subparagraph (A) if (i) Federal law prohibits the lead agency or another agency from issuing an approval or permit within the period described in that subparagraph; (ii) the project sponsor requests that the permit or approval follow a different timeline; or (iii) an extension would facilitate completion of the environmental review and authorization process of the major project. (e)  Project Initiation (1)  In general The project sponsor shall notify the Secretary of the type of work, termini, length and general location of the proposed project (including any additional information that the project sponsor considers to be important to initiate the process for the proposed project), together with a statement of any Federal approvals anticipated to be necessary for the proposed project, for the purpose of informing the Secretary that the environmental review process should be initiated. (2)  Submission of documents The project sponsor may satisfy the requirement under paragraph (1) by submitting to the Secretary any relevant documents containing the information described in that paragraph, including a draft notice for publication in the Federal Register announcing the preparation of an environmental review for the project. (3)  Review of application Not later than 45 days after the date on which the Secretary receives notification under paragraph (1), the Secretary shall provide to the project sponsor a written response that, as applicable (A) describes the determination of the Secretary (i) to initiate the environmental review process, including a timeline and an expected date for the publication in the Federal Register of the relevant notice of intent; or (ii) to decline the application, including an explanation of the reasons for that decision; or (B) requests additional information, and provides to the project sponsor an accounting regarding what documentation is necessary to initiate the environmental review process. (4)  Request to designate a lead agency. (A)  In general Any project sponsor may submit to the Secretary a request to designate the operating administration or secretarial office within the Department of Transportation with the expertise on the proposed project to serve as the Federal lead agency for the project. (B)  Secretarial action. (i)  In general If the Secretary receives a request under subparagraph (A), the Secretary shall respond to the request not later than 45 days after the date of receipt. (ii)  Requirements The response under clause (i) shall (I) approve the request; (II) deny the request, with an explanation of the reasons for the denial; or (III) require the submission of additional information. (iii)  Additional information If additional information is submitted in accordance with clause (ii)(III), the Secretary shall respond to the submission not later than 45 days after the date of receipt. (5)  Environmental checklist. (A)  Development The lead agency for a project, in consultation with participating agencies, shall develop, as appropriate, a checklist to help project sponsors identify potential natural, cultural, and historic resources in the area of the project. (B)  Purpose The purposes of the checklist are (i) to identify agencies and organizations that can provide information about natural, cultural, and historic resources; (ii) to develop the information needed to determine the range of alternatives; and (iii) to improve interagency collaboration to help expedite the permitting process for the lead agency and participating agencies. (f)  Purpose and Need; Alternatives Analysis. (1)  Participation As early as practicable during the environmental review process, the lead agency shall provide an opportunity for involvement by participating agencies and the public in defining the purpose and need for a project. (2)  Definition Following participation under paragraph (1), the lead agency shall define the projects purpose and need for purposes of any document which the lead agency is responsible for preparing for the project. (3)  Objectives The statement of purpose and need shall include a clear statement of the objectives that the proposed action is intended to achieve, which may include (A) achieving a transportation objective identified in an applicable statewide or metropolitan transportation plan; (B) supporting land use, economic development, or growth objectives established in applicable Federal, State, local, or tribal plans; and (C) serving national defense, national security, or other national objectives, as established in Federal laws, plans, or policies. (4)  Alternatives analysis. (A)  Participation. (i) In general. As early as practicable during the environmental review process, the lead agency shall provide an opportunity for involvement by participating agencies and the public in determining the range of alternatives to be considered for a project. (ii)  Comments of participating agencies To the maximum extent practicable and consistent with applicable law, each participating agency receiving an opportunity for involvement under clause (i) shall limit the comments of the agency to subject matter areas within the special expertise or jurisdiction of the agency. (iii)  Effect of nonparticipation A participating agency that declines to participate in the development of the purpose and need and range of alternatives for a project shall be required to comply with the schedule developed under subsection (g)(1)(B). (B)  Range of alternatives (i)  Determination Following participation under subparagraph (A), the lead agency shall determine the range of alternatives for consideration in any document which the lead agency is responsible for preparing for the project. (ii)  Use To the maximum extent practicable and consistent with Federal law, the range of alternatives determined for a project under clause (i) shall be used for all Federal environmental reviews and permit processes required for the project unless the alternatives must be modified (I) to address significant new information or circumstances, and the lead agency and participating agencies agree that the alternatives must be modified to address the new information or circumstances; or (II) for the lead agency or a participating agency to fulfill the responsibilities of the agency under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (C)  Methodologies The lead agency also shall determine, in collaboration with participating agencies at appropriate times during the study process, the methodologies to be used and the level of detail required in the analysis of each alternative for a project. (D)  Preferred alternative At the discretion of the lead agency, the preferred alternative for a project, after being identified, may be developed to a higher level of detail than other alternatives in order to facilitate the development of mitigation measures or concurrent compliance with other applicable laws if the lead agency determines that the development of such higher level of detail will not prevent the lead agency from making an impartial decision as to whether to accept another alternative which is being considered in the environmental review process. (E)  Reduction of duplication. (i)  In general In carrying out this paragraph, the lead agency shall reduce duplication, to the maximum extent practicable, between (I) the evaluation of alternatives under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (II) the evaluation of alternatives in the metropolitan transportation planning process under section 134 or an environmental review process carried out under State law (referred to in this subparagraph as a State environmental review process). (ii)  Consideration of alternatives The lead agency may eliminate from detailed consideration an alternative proposed in an environmental impact statement regarding a project if, as determined by the lead agency (I) the alternative was considered in a metropolitan planning process or a State environmental review process by a metropolitan planning organization or a State or local transportation agency, as applicable; (II) the lead agency provided guidance to the metropolitan planning organization or State or local transportation agency, as applicable, regarding analysis of alternatives in the metropolitan planning process or State environmental review process, including guidance on the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (III) the applicable metropolitan planning process or State environmental review process included an opportunity for public review and comment; (IV) the applicable metropolitan planning organization or State or local transportation agency rejected the alternative after considering public comments; (V) the Federal lead agency independently reviewed the alternative evaluation approved by the applicable metropolitan planning organization or State or local transportation agency; and (VI) the Federal lead agency determined (aa) in consultation with Federal participating or cooperating agencies, that the alternative to be eliminated from consideration is not necessary for compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (bb) with the concurrence of Federal agencies with jurisdiction over a permit or approval required for a project, that the alternative to be eliminated from consideration is not necessary for any permit or approval under any other Federal law. (g)  Coordination and Scheduling. (1)  Coordination plan. (A)  In general Not later than 90 days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the lead agency shall establish a plan for coordinating public and agency participation in and comment on the environmental review process for a project or category of projects. The coordination plan may be incorporated into a memorandum of understanding. (B)  Schedule. (i)  In general The lead agency shall establish as part of such coordination plan, after consultation with and the concurrence of each participating agency for the project and with the State in which the project is located (and, if the State is not the project sponsor, with the project sponsor), a schedule for completion of the environmental review process for the project. (ii)  Factors for consideration In establishing the schedule, the lead agency shall consider factors such as (I) the responsibilities of participating agencies under applicable laws; (II) resources available to the cooperating agencies; (III) overall size and complexity of the project; (IV) the overall time required by an agency to conduct an environmental review and make decisions under applicable Federal law relating to a project (including the issuance or denial of a permit or license) and the cost of the project; and (V) the sensitivity of the natural and historic resources that could be affected by the project. (iii)  Major project schedule To the maximum extent practicable and consistent with applicable Federal law, in the case of a major project, the lead agency shall develop, in concurrence with the project sponsor, a schedule for the major project that is consistent with an agency average of not more than 2 years for the completion of the environmental review process for major projects, as measured from, as applicable (I) the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision; or (II) the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact. (C)  Consistency with other time periods A schedule under subparagraph (B) shall be consistent with any other relevant time periods established under Federal law. (D)  Modification. (i)  In general Except as provided in clause (ii), the lead agency may lengthen or shorten a schedule established under subparagraph (B) for good cause. (ii)  Exceptions. (I)  Major projects In the case of a major project, the lead agency may lengthen a schedule under clause (i) for a cooperating Federal agency by not more than 1 year after the latest deadline established for the major project by the lead agency. (II)  Shortened schedules The lead agency may not shorten a schedule under clause (i) if doing so would impair the ability of a cooperating Federal agency to conduct necessary analyses or otherwise carry out relevant obligations of the Federal agency for the project. (E)  Failure to meet deadline If a cooperating Federal agency fails to meet a deadline established under subparagraph (D)(ii)(I) (i) the cooperating Federal agency shall submit to the Secretary a report that describes the reasons why the deadline was not met; and (ii) the Secretary shall (I) transmit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the report under clause (i); and (II) make the report under clause (i) publicly available on the internet. (F)  Dissemination A copy of a schedule under subparagraph (B), and of any modifications to the schedule, shall be (i) provided to all participating agencies and to the State transportation department of the State in which the project is located (and, if the State is not the project sponsor, to the project sponsor); and (ii) made available to the public. (2)  Comment deadlines The lead agency shall establish the following deadlines for comment during the environmental review process for a project: (A) For comments by agencies and the public on a draft environmental impact statement, a period of not more than 60 days after publication in the Federal Register of notice of the date of public availability of such document, unless (i) a different deadline is established by agreement of the lead agency, the project sponsor, and all participating agencies; or (ii) the deadline is extended by the lead agency for good cause. (B) For all other comment periods established by the lead agency for agency or public comments in the environmental review process, a period of no more than 30 days from availability of the materials on which comment is requested, unless (i) a different deadline is established by agreement of the lead agency, the project sponsor, and all participating agencies; or (ii) the deadline is extended by the lead agency for good cause. (3)  Deadlines for decisions under other laws In any case in which a decision under any Federal law relating to a project (including the issuance or denial of a permit or license) is required to be made by the later of the date that is 180 days after the date on which the Secretary made all final decisions of the lead agency with respect to the project, or 180 days after the date on which an application was submitted for the permit or license, 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 publish on the Internet (A) as soon as practicable after the 180-day period, an initial notice of the failure of the Federal agency to make the decision; and (B) every 60 days thereafter until such date as all decisions of the Federal agency relating to the project have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice. (4)  Involvement of the public Nothing in this subsection shall reduce any time period provided for public comment in the environmental review process under existing Federal law, including a regulation. (h)  Issue Identification and Resolution. (1)  Cooperation The lead agency and the participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or could result in denial of any approvals required for the project under applicable laws. (2)  Lead agency responsibilities The lead agency shall make information available to the participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration. Such information may be based on existing data sources, including geographic information systems mapping. (3)  Participating agency responsibilities Based on information received from the lead agency, participating agencies shall identify, as early as practicable, any issues of concern regarding the projects potential environmental or socioeconomic impacts. In this paragraph, issues of concern include any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project. (4)  Issue resolution Any issue resolved by the lead agency with the concurrence of participating agencies may not be reconsidered unless significant new information or circumstances arise. (5)  Interim decision on achieving accelerated decisionmaking. (A)  In general Not later than 30 days after the close of the public comment period on a draft environmental impact statement, the Secretary may convene a meeting with the project sponsor, lead agency, resource agencies, and any relevant State agencies to ensure that all parties are on schedule to meet deadlines for decisions to be made regarding the project. (B)  Deadlines The deadlines referred to in subparagraph (A) shall be those established under subsection (g), or any other deadlines established by the lead agency, in consultation with the project sponsor and other relevant agencies. (C)  Failure to assure If the relevant agencies cannot provide reasonable assurances that the deadlines described in subparagraph (B) will be met, the Secretary may initiate the issue resolution and referral process described under paragraph (6) before the completion of the record of decision. (6)  Accelerated issue resolution and referral. (A)  Agency issue resolution meeting. (i)  In general A Federal agency of jurisdiction, project sponsor, or the Governor of a State in which a project is located may request an issue resolution meeting to be conducted by the lead agency. (ii)  Action by lead agency The lead agency shall convene an issue resolution meeting under clause (i) with the relevant participating agencies and the project sponsor, including the Governor only if the meeting was requested by the Governor, to resolve issues that could (I) delay completion of the environmental review process; or (II) result in denial of any approvals required for the project under applicable laws. (iii)  Date A meeting requested under this subparagraph shall be held by not later than 21 days after the date of receipt of the request for the meeting, unless the lead agency determines that there is good cause to extend the time for the meeting. (iv)  Notification On receipt of a request for a meeting under this subparagraph, the lead agency shall notify all relevant participating agencies of the request, including the issue to be resolved, and the date for the meeting. (v)  Disputes If a relevant participating agency with jurisdiction over an approval required for a project under applicable law determines that the relevant information necessary to resolve the issue has not been obtained and could not have been obtained within a reasonable time, but the lead agency disagrees, the resolution of the dispute shall be forwarded to the heads of the relevant agencies for resolution. (vi)  Convention by lead agency A lead agency may convene an issue resolution meeting under this subsection at any time without the request of the Federal agency of jurisdiction, project sponsor, or the Governor of a State. (B)  Elevation of issue resolution. (i)  In general If issue resolution is not achieved by not later than 30 days after the date of a relevant meeting under subparagraph (A), the Secretary shall notify the lead agency, the heads of the relevant participating agencies, and the project sponsor (including the Governor only if the initial issue resolution meeting request came from the Governor) that an issue resolution meeting will be convened. (ii)  Requirements The Secretary shall identify the issues to be addressed at the meeting and convene the meeting not later than 30 days after the date of issuance of the notice. (C)  Referral of issue resolution. (i)  Referral to council on environmental quality. (I)  In general If resolution is not achieved by not later than 30 days after the date of an issue resolution meeting under subparagraph (B), the Secretary shall refer the matter to the Council on Environmental Quality. (II)  Meeting Not later than 30 days after the date of receipt of a referral from the Secretary under subclause (I), the Council on Environmental Quality shall hold an issue resolution meeting with the lead agency, the heads of relevant participating agencies, and the project sponsor (including the Governor only if an initial request for an issue resolution meeting came from the Governor). (ii)  Referral to the president If a resolution is not achieved by not later than 30 days after the date of the meeting convened by the Council on Environmental Quality under clause (i)(II), the Secretary shall refer the matter directly to the President. (7)  Financial penalty provisions. (A)  In general A Federal agency of jurisdiction over an approval required for a project under applicable laws shall complete any required approval on an expeditious basis using the shortest existing applicable process. (B)  Failure to decide. (i)  In general If an agency described in subparagraph (A) fails to render a decision under any Federal law relating to a project that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, or other approval by the date described in clause (ii), an amount of funding equal to the amounts specified in subclause (I) or (II) shall be rescinded from the applicable office of the head of the agency, or equivalent office to which the authority for rendering the decision has been delegated by law by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to subparagraph (C) (I) $20,000 for any project for which an annual financial plan is required under subsection (h) or (i) of section 106; or (II) $10,000 for any other project requiring preparation of an environmental assessment or environmental impact statement. (ii)  Description of date The date referred to in clause (i) is (I) the date that is 30 days after the date for rendering a decision as described in the project schedule established pursuant to subsection (g)(1)(B); (II) if no schedule exists, the later of (aa) the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and (bb) the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (III) a modified date in accordance with subsection (g)(1)(D). (C)  Limitations. (i)  In general No rescission of funds under subparagraph (B) relating to an individual project shall exceed, in any fiscal year, an amount equal to 2.5 percent of the funds made available for the applicable agency office. (ii)  Failure to decide The total amount rescinded in a fiscal year as a result of a failure by an agency to make a decision by an applicable deadline shall not exceed an amount equal to 7 percent of the funds made available for the applicable agency office for that fiscal year. (D)  No fault of agency A rescission of funds under this paragraph shall not be made if the lead agency for the project certifies that (i) the agency has not received necessary information or approvals from another entity, such as the project sponsor, in a manner that affects the ability of the agency to meet any requirements under State, local, or Federal law; or (ii) significant new information or circumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application. (E)  Limitation The Federal agency with jurisdiction for the decision from which funds are rescinded pursuant to this paragraph shall not reprogram funds to the office of the head of the agency, or equivalent office, to reimburse that office for the loss of the funds. (F)  Audits In any fiscal year in which any funds are rescinded from a Federal agency pursuant to this paragraph, the Inspector General of that agency shall (i) conduct an audit to assess compliance with the requirements of this paragraph; and (ii) not later than 120 days after the end of the fiscal year during which the rescission occurred, 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 describing the reasons why the transfers were levied, including allocations of resources. (G)  Effect of paragraph Nothing in this paragraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law. (8)  Expedient decisions and reviews To ensure that Federal environmental decisions and reviews are expeditiously made (A) adequate resources made available under this title shall be devoted to ensuring that applicable environmental reviews under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B) the President 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, not less frequently than once every 120 days after the date of enactment of the MAP21, a report on the status and progress of the following projects and activities funded under this title with respect to compliance with applicable requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (i) Projects and activities required to prepare an annual financial plan under section 106(i). (ii) A sample of not less than 5 percent of the projects requiring preparation of an environmental impact statement or environmental assessment in each State. (i)  Performance Measurement The Secretary shall establish a program to measure and report on progress toward improving and expediting the planning and environmental review process. (j)  Assistance to Affected State and Federal Agencies. (1)  In general. (A)  Authority to provide funds The Secretary may allow a public entity receiving financial assistance from the Department of Transportation under this title or chapter 53 of title 49 to provide funds to Federal agencies (including the Department), State agencies, and Indian tribes participating in the environmental review process for the project or program. (B)  Use of funds Funds referred to in subparagraph (A) may be provided only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes, including planning, approval, and consultation processes for the project or program. (2)  Activities eligible for funding Activities for which funds may be provided under paragraph (1) include transportation planning activities that precede the initiation of the environmental review process, activities directly related to the environmental review process, dedicated staffing, training of agency personnel, information gathering and mapping, and development of programmatic agreements. (3)  Use of federal lands highway funds The Secretary may also use funds made available under section 204 1 1 (4)  Amounts Requests under paragraph (1) may be approved only for the additional amounts that the Secretary determines are necessary for the Federal agencies, State agencies, or Indian tribes participating in the environmental review process to meet the time limits for environmental review. (5)  Condition A request under paragraph (1) to expedite time limits for environmental review may be approved only if such time limits are less than the customary time necessary for such review. (6)  Agreement Prior to providing funds approved by the Secretary for dedicated staffing at an affected agency under paragraphs (1) and (2), the affected agency and the requesting public entity shall enter into an agreement that establishes the projects and priorities to be addressed by the use of the funds. (k)  Judicial Review and Savings Clause. (1)  Judicial review Except as set forth under subsection ( l (2)  Savings clause Nothing in this section shall be construed as superseding, amending, or modifying the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (3)  Limitations Nothing in this section shall preempt or interfere with (A) any practice of seeking, considering, or responding to public comment; or (B) any power, jurisdiction, responsibility, or authority that a Federal, State, or local government agency, metropolitan planning organization, Indian tribe, or project sponsor has with respect to carrying out a project or any other provisions of law applicable to projects, plans, or programs. (l)  Limitations on Claims. (1)  In general Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or approval issued by a Federal agency for a highway or public transportation capital project shall be barred unless it is filed within 150 days after publication of a notice in the Federal Register announcing that the permit, license, or approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed. Nothing in this subsection shall create a right to judicial review or place any limit on filing a claim that a person has violated the terms of a permit, license, or approval. (2)  New information The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under section 771.130 of title 23, Code of Federal Regulations. The preparation of a supplemental environmental impact statement when required shall be considered a separate final agency action and the deadline for filing a claim for judicial review of such action shall be 150 days after the date of publication of a notice in the Federal Register announcing such action. (m)  Enhanced Technical Assistance and Accelerated Project Completion. (1)  Definition of covered project In this subsection, the term covered project means a project (A) that has an ongoing environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B) for which at least 2 years, beginning on the date on which a notice of intent is issued, have elapsed without the issuance of a record of decision. (2)  Technical assistance At the request of a project sponsor or the Governor of a State in which a project is located, the Secretary shall provide additional technical assistance to resolve for a covered project any outstanding issues and project delay, including by (A) providing additional staff, training, and expertise; (B) facilitating interagency coordination; (C) promoting more efficient collaboration; and (D) supplying specialized onsite assistance. (3)  Scope of work. (A)  In general In providing technical assistance for a covered project under this subsection, the Secretary shall establish a scope of work that describes the actions that the Secretary will take to resolve the outstanding issues and project delays, including establishing a schedule under subparagraph (B). (B)  Schedule. (i)  In general The Secretary shall establish and meet a schedule for the completion of any permit, approval, review, or study, required for the covered project by the date that is not later than 4 years after the date on which a notice of intent for the covered project is issued. (ii)  Inclusions The schedule under clause (i) shall (I) comply with all applicable laws; (II) require the concurrence of the Council on Environmental Quality and each participating agency for the project with the State in which the project is located or the project sponsor, as applicable; and (III) reflect any new information that becomes available and any changes in circumstances that may result in new significant impacts that could affect the timeline for completion of any permit, approval, review, or study required for the covered project. (4)  Consultation In providing technical assistance for a covered project under this subsection, the Secretary shall consult, if appropriate, with resource and participating agencies on all methods available to resolve the outstanding issues and project delays for a covered project as expeditiously as possible. (5)  Enforcement. (A)  In general All provisions of this section shall apply to this subsection, including the financial penalty provisions under subsection (h)(6). (B)  Restriction If the Secretary enforces this subsection under subsection (h)(6), the Secretary may use a date included in a schedule under paragraph (3)(B) that is created pursuant to and is in compliance with this subsection in lieu of the dates under subsection (h)(6)(B)(ii). (n)  Accelerated Decisionmaking in Environmental Reviews. (1)  In general In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (A) cite the sources, authorities, and reasons that support the position of the agency; and (B) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response. (2)  Single document To the maximum extent practicable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless (A) the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or (B) there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action. (3)  Length of environmental document. (A)  In general Notwithstanding any other provision of law and except as provided in subparagraph (B), to the maximum extent practicable, the text of the items described in paragraphs (4) through (6) of section 1502.10(a) of title 40, Code of Federal Regulations (or successor regulations), of an environmental impact statement for a project shall be 200 pages or fewer. (B)  Exemption An environmental impact statement for a project may exceed 200 pages, if the lead agency establishes a new page limit for the environmental impact statement for that project. (o)  Improving Transparency in Environmental Reviews. (1)  In general Not later than 18 months after the date of enactment of this subsection, the Secretary shall (A) use the searchable Internet website maintained under section 41003(b) of the FAST Act (i) to make publicly available the status and progress of projects requiring an environmental assessment or an environmental impact statement with respect to compliance with applicable requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (ii) to make publicly available the names of participating agencies not participating in the development of a project purpose and need and range of alternatives under subsection (f); and (B) issue reporting standards to meet the requirements of subparagraph (A). (2)  Federal, state, and local agency participation. (A)  Federal agencies A Federal agency participating in the environmental review or permitting process for a project shall provide to the Secretary information regarding the status and progress of the approval of the project for publication on the Internet website referred to in paragraph (1)(A), consistent with the standards established under paragraph (1)(B). (B)  State and local agencies The Secretary shall encourage State and local agencies participating in the environmental review permitting process for a project to provide information regarding the status and progress of the approval of the project for publication on the Internet website referred to in paragraph (1)(A). (3)  States with delegated authority A State with delegated authority for responsibilities under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (p)  Accountability and Reporting for Major Projects. (1)  In general The Secretary shall establish a performance accountability system to track each major project. (2)  Requirements The performance accountability system under paragraph (1) shall, for each major project, track, at a minimum (A) the environmental review process for the major project, including the project schedule; (B) whether the lead agency, cooperating agencies, and participating agencies are meeting the schedule established for the environmental review process; and (C) the time taken to complete the environmental review process. (q)  Development of Categorical Exclusions. (1)  In general Not later than 60 days after the date of enactment of this subsection, and every 4 years thereafter, the Secretary shall (A) in consultation with the agencies described in paragraph (2), identify the categorical exclusions described in section 771.117 of title 23, Code of Federal Regulations (or successor regulations), that would accelerate delivery of a project if those categorical exclusions were available to those agencies; (B) collect existing documentation and substantiating information on the categorical exclusions described in subparagraph (A); and (C) provide to each agency described in paragraph (2) (i) a list of the categorical exclusions identified under subparagraph (A); and (ii) the documentation and substantiating information under subparagraph (B). (2)  Agencies described The agencies referred to in paragraph (1) are (A) the Department of the Interior; (B) the Department of the Army; (C) the Department of Commerce; (D) the Department of Agriculture; (E) the Department of Energy; (F) the Department of Defense; and (G) any other Federal agency that has participated in an environmental review process for a project, as determined by the Secretary. (3)  Adoption of categorical exclusions. (A)  In general Not later than 1 year after the date on which the Secretary provides a list under paragraph (1)(C), an agency described in paragraph (2) shall publish a notice of proposed rulemaking to propose any categorical exclusions from the list applicable to the agency, subject to the condition that the categorical exclusion identified under paragraph (1)(A) meets the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations). (B)  Public comment In a notice of proposed rulemaking under subparagraph (A), the applicable agency may solicit comments on whether any of the proposed new categorical exclusions meet the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations). (Added Pub. L. 10959, title VI,  6002(a) Aug. 10, 2005 119 Stat. 1857 Pub. L. 112141, div. A, title I July 6, 2012 126 Stat. 533539 Pub. L. 11494, div. A, title I,  1304(a) Dec. 4, 2015 129 Stat. 13781385 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 525  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsecs. (a)(3)(5), (7)(A)(i), (b)(1), (3)(A)(iii)(I), (c)(2), (3), (6)(B), (d)(7)(A), (8)(A), (D)(ii), (f)(4)(B)(ii)(II), (E)(i)(I), (ii)(II), (VI)(aa), (h)(7)(B)(ii)(II)(bb), (8), (k)(2), (m)(1)(A), (n)(1), and ( o Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The date of enactment of the Surface Transportation Reauthorization Act of 2021 and the date of enactment of this subsection, referred to in subsecs. (c)(7)(C) and (q)(1), are the date of enactment of div. A of Pub. L. 11758 Nov. 15, 2021 The date of enactment of the MAP21, referred to in subsec. (h)(8)(B), is deemed to be Oct. 1, 2012 Pub. L. 112141 section 101 of this title Section 204 of this title Pub. L. 112141, div. A, title I,  1119(a) July 6, 2012 126 Stat. 473 The date of enactment of this subsection, referred to in subsec. ( o Pub. L. 11494 Dec. 4, 2015 Section 41003(b) of the FAST Act, referred to in subsec. ( o section 41003(b) of Pub. L. 11494 section 4370m2(b) of Title 42 Codification Section 6002(a) of Pub. L. 10959 Pub. L. 10959,  1602(b)(6)(A) section 101 of this title Prior Provisions A prior section 139, added Pub. L. 90495,  16(a) Aug. 23, 1968 82 Stat. 823 Pub. L. 91605, title I Dec. 31, 1970 84 Stat. 1716 Pub. L. 94280, title I,  125 May 5, 1976 90 Stat. 440 Pub. L. 97134,  10 Dec. 29, 1981 95 Stat. 1702 Pub. L. 97424, title I,  116(a)(3) Jan. 6, 1983 96 Stat. 2109 Pub. L. 98229,  8(a) Mar. 9, 1984 98 Stat. 56 Pub. L. 105178, title I,  1106(c)(2)(A) June 9, 1998 112 Stat. 136 Amendments 2021 Pub. L. 11758,  11301(a)(1) Subsec. (a)(2) to (5). Pub. L. 11758,  11301(a)(2)(A) Subsec. (a)(5)(B). Pub. L. 11758,  11301(a)(2)(C) Subsec. (a)(6). Pub. L. 11758,  11301(a)(2)(A) Subsec. (a)(7). Pub. L. 11758,  11301(a)(2)(D) Subsec. (a)(8) to (11). Pub. L. 11758,  11301(a)(2)(A) Subsec. (b)(1). Pub. L. 11758,  11525(h)(1) 42 U.S.C. 4321 Pub. L. 11758,  11301(a)(3) Subsec. (c). Pub. L. 11758,  11525(h)(2) 42 U.S.C. 4321 Subsec. (c)(6)(D). Pub. L. 11758,  11301(a)(4)(A) Subsec. (c)(7). Pub. L. 11758,  11301(a)(4)(B) Subsec. (d)(8). Pub. L. 11758,  11301(a)(5)(A)(i) Subsec. (d)(8)(A). Pub. L. 11758,  11301(a)(5)(A)(ii) Subsec. (d)(8)(B)(i). Pub. L. 11758,  11301(a)(5)(A)(iii) Subsec. (d)(8)(D). Pub. L. 11758,  11301(a)(5)(A)(iv) Subsec. (d)(10). Pub. L. 11758,  11301(a)(5)(B) Subsec. (g)(1)(B)(ii)(IV). Pub. L. 11758,  11301(a)(6)(A)(i) Subsec. (g)(1)(B)(iii). Pub. L. 11758,  11301(a)(6)(A)(ii) Subsec. (g)(1)(D). Pub. L. 11758,  11301(a)(6)(B) (i) lengthen a schedule established under subparagraph (B) for good cause; and (ii) shorten a schedule only with the concurrence of the affected cooperating agencies. Subsec. (g)(1)(E), (F). Pub. L. 11758,  11301(a)(6)(C) Subsec. (k)(2). Pub. L. 11758,  11525(h)(3) 42 U.S.C. 4321 Subsec. (n)(3). Pub. L. 11758,  11301(a)(7) Subsecs. (p), (q). Pub. L. 11758,  11301(a)(8) 2015Subsec. (a)(5). Pub. L. 11494,  1304(a)(1) Subsec. (a)(6). Pub. L. 11494,  1304(a)(2) Subsec. (b)(3)(A). Pub. L. 11494,  1304(b)(1) Subsec. (b)(3)(B). Pub. L. 11494,  1304(b)(2) Subsec. (c)(1)(A). Pub. L. 11494,  1304(c)(1) Subsec. (c)(6)(C). Pub. L. 11494,  1304(c)(2) Subsec. (d)(2). Pub. L. 11494,  1304(d)(1) Subsec. (d)(8), (9). Pub. L. 11494,  1304(d)(2) Subsec. (e)(1). Pub. L. 11494,  1304(e)(1) Subsec. (e)(3) to (5). Pub. L. 11494,  1304(e)(2) Subsec. (f). Pub. L. 11494,  1304(f)(1) Subsec. (f)(4)(A). Pub. L. 11494,  1304(f)(2)(A) Subsec. (f)(4)(B). Pub. L. 11494,  1304(f)(2)(B) Subsec. (f)(4)(E). Pub. L. 11494,  1304(f)(2)(C) Subsec. (g)(1)(A). Pub. L. 11494,  1304(g)(1)(A) Subsec. (g)(1)(B)(i). Pub. L. 11494,  1304(g)(1)(B) Subsec. (g)(3). Pub. L. 11494,  1304(g)(2) Subsec. (h)(4). Pub. L. 11494,  1304(h)(1)(B) Subsec. (h)(5). Pub. L. 11494,  1304(h)(1)(A) Subsec. (h)(5)(C). Pub. L. 11494,  1304(h)(2) Subsec. (h)(6), (7). Pub. L. 11494,  1304(h)(1)(A) Subsec. (h)(7)(B)(i)(I). Pub. L. 11494,  1304(h)(3)(A) Subsec. (h)(7)(B)(ii). Pub. L. 11494,  1304(h)(3)(B) (I) the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and (II) the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 Subsec. (h)(8). Pub. L. 11494,  1304(h)(1)(A) Subsec. (j)(1). Pub. L. 11494,  1304(i)(1) Subsec. (j)(2). Pub. L. 11494,  1304(i)(2) Subsec. (j)(6). Pub. L. 11494,  1304(i)(3) Subsecs. (n), ( o Pub. L. 11494,  1304(j)(1) o 2012Subsec. (b)(2). Pub. L. 112141,  1305(a)(1) Subsec. (b)(3). Pub. L. 112141,  1305(a)(2) Subsec. (c)(1). Pub. L. 112141,  1305(b)(1) Subsec. (d)(4). Pub. L. 112141,  1305(c)(1) (A) supports a proposed project; or (B) has any jurisdiction over, or special expertise with respect to evaluation of, the project. Subsec. (d)(7). Pub. L. 112141,  1305(c)(2) (A) carry out obligations of the Federal agency under other applicable law concurrently, and in conjunction, with the review required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner. Subsec. (e). Pub. L. 112141,  1305(d) Subsec. (g)(1)(B)(i). Pub. L. 112141,  1305(e) Subsec. (h)(4) to (7). Pub. L. 112141,  1306 Subsec. (j)(6). Pub. L. 112141,  1307 Subsec. ( l Pub. L. 112141,  1308 Subsec. (m). Pub. L. 112141,  1309 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Implementation of Programmatic Compliance Pub. L. 11494, div. A, title I,  1304(k) Dec. 4, 2015 129 Stat. 1386  (1)  Rulemaking Not later than 1 year after the date of enactment of this Act [ Dec. 4, 2015 section 139(b)(3) of title 23 (2)  Consultation Before initiating the rulemaking under paragraph (1), the Secretary shall consult with relevant Federal agencies, relevant State resource agencies, State departments of transportation, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches. (3)  Requirements In carrying out this subsection, the Secretary shall ensure that the rulemaking meets the requirements of section 139(b)(3)(B) of title 23 (4)  Comment period The Secretary shall (A) allow not fewer than 60 days for public notice and comment on the proposed rule; and (B) address any comments received under this subsection. Existing Environmental Review Process Pub. L. 10959, title VI,  6002(b) Aug. 10, 2005 119 Stat. 1865 Nothing in this section [enacting this section and repealing provisions set out as a note under section 109 of this title Pub. L. 105178 112 Stat. 232 23 U.S.C. 109 Aug. 10, 2005 Executive Documents Memoranda of Agency Agreements for Early Coordination Pub. L. 112141, div. A, title I,  1320 July 6, 2012 126 Stat. 551  (a)  In General It is the sense of Congress that (1) the Secretary [of Transportation] and other Federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other and other agencies on environmental review and project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process, head off potential conflicts, and ensure that planning and project development decisions reflect environmental values; and (2) such cooperation should include the development of policies and the designation of staff that advise planning agencies or project sponsors of studies or other information foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian tribes. (b)  Technical Assistance If requested at any time by a State or local planning agency, the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process, shall, to the extent practicable and appropriate, as determined by the agencies, provide technical assistance to the State or local planning agency on accomplishing the early coordination activities described in subsection (d). (c)  Memorandum of Agency Agreement If requested at any time by a State or local planning agency, the lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the project sponsor, State, and local governments and other appropriate entities to accomplish the early coordination activities described in subsection (d). (d)  Early Coordination Activities Early coordination activities shall include, to the maximum extent practicable, the following: (1) Technical assistance on identifying potential impacts and mitigation issues in an integrated fashion. (2) The potential appropriateness of using planning products and decisions in later environmental reviews. (3) The identification and elimination from detailed study in the environmental review process of the issues that are not significant or that have been covered by prior environmental reviews. (4) The identification of other environmental review and consultation requirements so that the lead and cooperating agencies may prepare, as appropriate, other required analyses and studies concurrently with planning activities. (5) The identification by agencies with jurisdiction over any permits related to the project of any and all relevant information that will reasonably be required for the project. (6) The reduction of duplication between requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (7) Timelines for the completion of agency actions during the planning and environmental review processes. (8) Other appropriate factors.  Delegation of a Reporting Authority Memorandum of President of the United States, Jan. 31, 2013 Memorandum for the Secretary of Transportation By the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3 Public Law 112141 You are authorized and directed to notify the appropriate congressional committees and publish this memorandum in the Federal Register.  Barack Obama.  140. Nondiscrimination (a) Prior to approving any programs for projects as provided for in section 135, the Secretary shall require assurances from any State desiring to avail itself of the benefits of this chapter that employment in connection with proposed projects will be provided without regard to race, color, creed, national origin, or sex. The Secretary shall require that each State shall include in the advertised specifications, notification of the specific equal employment opportunity responsibilities of the successful bidder. In approving programs for projects on any of the Federal-aid systems, the Secretary, if necessary to ensure equal employment opportunity, shall require certification by any State desiring to avail itself of the benefits of this chapter that there are in existence and available on a regional, statewide, or local basis, apprenticeship, skill improvement or other upgrading programs, registered with the Department of Labor or the appropriate State agency, if any, which provide equal opportunity for training and employment without regard to race, color, creed, national origin, or sex. In implementing such programs, a State may reserve training positions for persons who receive welfare assistance from such State; except that the implementation of any such program shall not cause current employees to be displaced or current positions to be supplanted or preclude workers that are participating in an apprenticeship, skill improvement, or other upgrading program registered with the Department of Labor or the appropriate State agency from being referred to, or hired on, projects funded under this title without regard to the length of time of their participation in such program. The Secretary shall periodically obtain from the Secretary of Labor and the respective State transportation departments information which will enable the Secretary to judge compliance with the requirements of this section and the Secretary of Labor shall render to the Secretary such assistance and information as the Secretary of Transportation shall deem necessary to carry out the equal employment opportunity program required hereunder. (b) The Secretary, in cooperation with any other department or agency of the Government, State agency, authority, association, institution, Indian tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer surface transportation and technology training, including skill improvement programs, and to develop and fund summer transportation institutes. From administrative funds made available under section 104(a), the Secretary shall deduct such sums as necessary, not to exceed $10,000,000 per fiscal year, for the administration of this subsection. Such sums so deducted shall remain available until expended. The provisions of section 6101(b) to (d) of title 41 shall not be applicable to contracts and agreements made under the authority herein granted to the Secretary. Notwithstanding any other provision of law, not to exceed 12 of 1 percent of funds apportioned to a State for the surface transportation block grant program under section 104(b) may be available to carry out this subsection upon request of the State transportation department to the Secretary. (c) The Secretary, in cooperation with any other department or agency of the Government, State agency, authority, association, institution, Indian tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer training programs and assistance programs in connection with any program under this title in order that minority businesses may achieve proficiency to compete, on an equal basis, for contracts and subcontracts. From administrative funds made available under section 104(a), the Secretary shall deduct such sums as necessary, not to exceed $10,000,000 per fiscal year, for the administration of this subsection. The provisions of section 6101(b) to (d) of title 41 shall not be applicable to contracts and agreements made under the authority herein granted to the Secretary notwithstanding the provisions of section 3106 of title 41 (d)  Indian Employment Consistent with section 703(i) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e2(i) (Added Pub. L. 90495,  22(a) Aug. 23, 1968 82 Stat. 826 Pub. L. 91605, title I,  110 Dec. 31, 1970 84 Stat. 1719 Pub. L. 9387, title I,  120 Aug. 13, 1973 87 Stat. 259 Pub. L. 94280, title I,  126 May 5, 1976 90 Stat. 440 Pub. L. 97424, title I,  119 Jan. 6, 1983 96 Stat. 2110 Pub. L. 10017, title I,  122 Apr. 2, 1987 101 Stat. 160 Pub. L. 102240, title I,  1026 Dec. 18, 1991 105 Stat. 1965 Pub. L. 102388, title IV,  412 Oct. 6, 1992 106 Stat. 1565 Pub. L. 105178, title I June 9, 1998 112 Stat. 186 Pub. L. 10959, title I,  1922 Aug. 10, 2005 119 Stat. 1481 Pub. L. 111350,  5(e)(1) Jan. 4, 2011 124 Stat. 3847 Pub. L. 112141, div. A, title I,  1109 July 6, 2012 126 Stat. 444 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1343 Pub. L. 11758, div. A, title I,  11525(i) Nov. 15, 2021 135 Stat. 607  Editorial Notes Amendments 2021Subsec. (a). Pub. L. 11758 2015Subsec. (b). Pub. L. 11494,  1446(d)(1) Pub. L. 112141,  1109(a)(2) Pub. L. 11494,  1109(c)(5) 2012Subsec. (b). Pub. L. 112141,  1109(a)(1) section 104(b)(3) of this title Pub. L. 112141,  1109(a)(2) Pub. L. 11494,  1446(d)(1) Subsec. (c). Pub. L. 112141,  1109(b) 2011Subsec. (b). Pub. L. 111350,  5(e)(1)(A) 41 U.S.C. 5 Subsec. (c). Pub. L. 111350,  5(e)(1)(B) 41 U.S.C. 5 section 3106 of title 41 41 U.S.C. 252(e) 2005Subsec. (a). Pub. L. 10959,  1922(a) section 105 of this title Subsec. (b). Pub. L. 10959,  1922(b) September 30, 1976 Subsec. (c). Pub. L. 10959,  1922(c) section 104(b)(3) of this title Subsec. (d). Pub. L. 10959,  1922(d) and Contracting Employment 1998Subsec. (a). Pub. L. 105178 Subsec. (b). Pub. L. 105178 Subsec. (c). Pub. L. 105178,  1208(c) 1992Subsec. (b). Pub. L. 102388 1991Subsec. (b). Pub. L. 102240,  1026(a) Subsec. (c). Pub. L. 102240,  1026(b) Subsec. (d). Pub. L. 102240,  1026(c) 1987Subsec. (d). Pub. L. 10017 1983 Pub. L. 97424,  119(c) Subsec. (a). Pub. L. 97424,  119(a) Subsec. (c). Pub. L. 97424,  119(b) 1976Subsec. (b). Pub. L. 94280 section 104(b) of this title September 30, 1976 1973Subsec. (b). Pub. L. 9387 1970 Pub. L. 91605 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Except as otherwise provided, amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Pub. L. 11494, div. A, title I,  1446(d) Dec. 4, 2015 129 Stat. 1438 July 6, 2012 Pub. L. 112141 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Effective Date Section effective Aug. 23, 1968 section 37 of Pub. L. 90495 section 101 of this title  141. Enforcement of requirements (a) Each State shall certify to the Secretary before January 1 of each year that it is enforcing all State laws respecting maximum vehicle size and weights permitted on the Federal-aid primary system, the Federal-aid urban system, and the Federal-aid secondary system, including the Interstate System in accordance with section 127 of this title section 127(d) of this title section 31112 of title 49 (b) (1) Each State shall submit to the Secretary such information as the Secretary shall, by regulation, require as necessary, in his opinion, to verify the certification of such State under subsection (b) of this section. (2) If a State fails to certify as required by subsection (b) of this section or if the Secretary determines that a State is not adequately enforcing all State laws respecting such maximum vehicle size and weights, notwithstanding such a certification, then Federal-aid highway funds apportioned to such State for such fiscal year shall be reduced by amounts equal to 7 percent of the amount which would otherwise be apportioned to such State under paragraphs (1) through (6) of section 104(b). (3) If within one year from the date that the apportionment for any State is reduced in accordance with paragraph (2) of this subsection the Secretary determines that such State is enforcing all State laws respecting maximum size and weights, the apportionment of such State shall be increased by an amount equal to such reduction. If the Secretary does not make such a determination within such one-year period, the amounts so withheld shall be reapportioned to all other eligible States. (c) The Secretary shall reduce the States apportionment of Federal-aid highway funds under section 104(b)(1) in an amount up to 8 percent of the amount to be apportioned in any fiscal year beginning after September 30, 1984 (Added Pub. L. 93643,  107(a) Jan. 4, 1975 88 Stat. 2284 Pub. L. 95599, title I,  123(d) Nov. 6, 1978 92 Stat. 2702 Pub. L. 97424, title I,  143 Jan. 6, 1983 96 Stat. 2129 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 102240, title I,  1023(c) Dec. 18, 1991 105 Stat. 1954 Pub. L. 103429,  3(7) Oct. 31, 1994 108 Stat. 4378 Pub. L. 10459, title II,  205(d)(1)(A) Nov. 28, 1995 109 Stat. 577 Pub. L. 105178, title I,  1103 l June 9, 1998 112 Stat. 126 Pub. L. 112141, div. A, title I,  1404(c) July 6, 2012 126 Stat. 558 Pub. L. 11494, div. A, title I,  1104(e)(5) Dec. 4, 2015 129 Stat. 1332  Editorial Notes  References in Text Section 4481 of the Internal Revenue Code of 1986, referred to in subsec. (c), is classified to section 4481 of Title 26 Prior Provisions A prior section 141, Pub. L. 90495,  35(a) Aug. 23, 1968 82 Stat. 836 Pub. L. 91646, title III,  306 Jan. 2, 1971 84 Stat. 1907 July 1, 1972 Amendments 2015Subsec. (b)(2). Pub. L. 11494 2012Subsec. (b)(2). Pub. L. 112141,  1404(c) section 104 of this title Subsec. (c). Pub. L. 112141,  1404(d) 1998Subsec. (c). Pub. L. 105178 section 104(b)(5) of this title 1995 Pub. L. 10459 section 154 of this title section 106 of this title 1994Subsec. (b). Pub. L. 103429 section 31112 of title 49 1991Subsec. (b). Pub. L. 102240 section 127(d) of this title 1986Subsec. (d). Pub. L. 99514 1983Subsec. (d). Pub. L. 97424 1978 Pub. L. 95599 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1995 Amendment Pub. L. 10459, title II,  205(d)(3) Nov. 28, 1995 109 Stat. 577 The amendments made by paragraph (1) [amending this section and repealing section 154 of this title Nov. 28, 1995 Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Effective Date of 1978 Amendment Pub. L. 95599, title I,  123(e) Nov. 6, 1978 92 Stat. 2702 Jan. 1, 1980 Pub. L. 96106,  12 Nov. 9, 1979 93 Stat. 798 Enforcement of Vehicle Weight Limitations Pub. L. 95599, title I,  123(a) Nov. 6, 1978 92 Stat. 2701 Pub. L. 10017, title I,  133(c)(4) Apr. 2, 1987 101 Stat. 173  (a) Not later than the one-hundred-eightieth day after the date of enactment of this section [ Nov. 6, 1978 (b) (1) Not later than the one-hundred-eightieth day after the date of enactment of this section [ Nov. 6, 1978 (2) For purposes of this subsection, the term special permit means a license or permit issued pursuant to State law, rule, or regulation which authorizes a vehicle to exceed the weight limitation for such vehicle established under State law, rule, or regulation. (c) Not later than January 1 of the second calendar year which begins after the date of enactment of this section [ Nov. 6, 1978 section 141(b) of title 23 [For termination, effective May 15, 2000 section 123(c) of Pub. L. 95599 section 3003 of Pub. L. 10466 section 1113 of Title 31  142. Public transportation (a) (1) To encourage the development, improvement, and use of public mass transportation systems operating buses on Federal-aid highways for the transportation of passengers, so as to increase the traffic capacity of the Federal-aid highways for the movement of persons, the Secretary may approve as a project on any Federal-aid highway the construction of exclusive or preferential high occupancy vehicle lanes, highway traffic control devices, bus passenger loading areas and facilities (including shelters), and fringe and transportation corridor parking facilities, which may include electric vehicle charging stations or natural gas vehicle refueling stations, to serve high occupancy vehicle and public mass transportation passengers, and sums apportioned under section 104(b) of this title (2) In addition to the projects under paragraph (1), the Secretary may approve payment from sums apportioned under section 104(b)(2) for carrying out any capital transit project eligible for assistance under chapter 53 of title 49, capital improvement to provide access and coordination between intercity and rural bus service, and construction of facilities to provide connections between highway transportation and other modes of transportation. (3)  Bus corridors In addition to the projects described in paragraphs (1) and (2), the Secretary may approve payment from sums apportioned under paragraph (2) or (7) of section 104(b) for carrying out a capital project for the construction of a bus rapid transit corridor or dedicated bus lanes, including the construction or installation of (A) traffic signaling and prioritization systems; (B) redesigned intersections that are necessary for the establishment of a bus rapid transit corridor; (C) on-street stations; (D) fare collection systems; (E) information and wayfinding systems; and (F) depots. (b) Sums apportioned in accordance with section 104(b)(1) shall be available to finance the Federal share of projects for exclusive or preferential high occupancy vehicle, truck, and emergency vehicle routes or lanes. Routes constructed under this subsection shall not be subject to the third sentence of section 109(b) of this title (c)  Accommodation of Other Modes of Transportation The Secretary may approve as a project on any Federal-aid highway for payment from sums apportioned under section 104(b) modifications to existing highways eligible under the program that is the source of the funds on such highway necessary to accommodate other modes of transportation if such modifications will not adversely affect automotive safety. (d)  Metropolitan Planning Any project carried out under this section in an urbanized area shall be subject to the metropolitan planning requirements of section 134. (e) (1) For all purposes of this title, a project authorized by subsection (a)(1) of this section shall be deemed to be a highway project. (2) Projects authorized by subsection (a)(2) shall be subject to, and governed in accordance with, all provisions of this title applicable to projects on the surface transportation block grant program, except to the extent determined inconsistent by the Secretary. (3) The Federal share payable on account of projects authorized by subsection (a) of this section shall be that provided in section 120 of this title (f)  Availability of Rights-of-Way In any case where sufficient land or air space exists within the publicly acquired rights-of-way of any highway, constructed in whole or in part with Federal-aid highway funds, to accommodate needed passenger, commuter, or high speed rail, magnetic levitation systems, and highway and nonhighway public mass transit facilities, the Secretary shall authorize a State to make such lands, air space, and rights-of-way available with or without charge to a publicly or privately owned authority or company or any other person for such purposes if such accommodation will not adversely affect automotive safety. (g) The provision of assistance under subsection (a)(2) shall not be construed as bringing within the application of chapter 15 of title 5, United States Code, any non-supervisory employee of an urban mass transportation system (or of any other agency or entity performing related functions) to whom such chapter is otherwise inapplicable. (h) Funds available for expenditure to carry out the purposes of subsection (a)(2) of this section shall be supplementary to and not in substitution for funds authorized and available for obligation pursuant to chapter 53 of title 49. (Added Pub. L. 91605, title I,  111(a) Dec. 31, 1970 84 Stat. 1719 Pub. L. 9387, title I,  121(a) Aug. 13, 1973 87 Stat. 259 Pub. L. 94280, title I,  127 May 5, 1976 90 Stat. 440 Pub. L. 97424, title I,  120 Jan. 6, 1983 96 Stat. 2111 Pub. L. 102240, title I,  1027(a) Dec. 18, 1991 105 Stat. 1966 Pub. L. 103272,  5(f)(2) July 5, 1994 108 Stat. 1374 Pub. L. 103429,  7(a)(4)(C) Oct. 31, 1994 108 Stat. 4389 Pub. L. 105178, title I,  1103 l June 9, 1998 112 Stat. 126 Pub. L. 112141, div. A, title I July 6, 2012 126 Stat. 572 Pub. L. 11494, div. A, title I,  1446(d)(5)(B) Dec. 4, 2015 129 Stat. 1438 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1343 Pub. L. 11758, div. A, title I,  11130 Nov. 15, 2021 135 Stat. 509  Editorial Notes Amendments 2021Subsec. (a)(3). Pub. L. 11758,  11130(a) Subsec. (i). Pub. L. 11758,  11130(b) section 5323(a)(1)(D) of title 49 2015 Pub. L. 11494,  1446(d)(5)(B) Pub. L. 112141,  1519(c) Subsec. (e)(2). Pub. L. 11494,  1109(c)(5) 2012Subsec. (a)(1). Pub. L. 112141 Pub. L. 11494,  1446(d)(5)(B) Subsec. (a)(2). Pub. L. 112141,  1519(c)(8)(A)(ii) Pub. L. 11494,  1446(d)(5)(B) Subsec. (b). Pub. L. 112141,  1519(c)(8)(B) Pub. L. 11494,  1446(d)(5)(B) Subsec. (c). Pub. L. 112141,  1519(c)(8)(C) Pub. L. 11494,  1446(d)(5)(B) Subsec. (e)(2). Pub. L. 112141,  1519(c)(8)(D) Pub. L. 11494,  1446(d)(5)(B) Subsec. (f). Pub. L. 112141,  1519(c)(8)(E) Pub. L. 11494,  1446(d)(5)(B) 1998Subsec. (b). Pub. L. 105178,  1103 l section 104 of this title Subsec. (c). Pub. L. 105178,  1103 l 1994Subsec. (a)(2). Pub. L. 103272,  5(f)(2)(A) Subsec. (h). Pub. L. 103272,  5(f)(2)(B) Pub. L. 103429,  7(a)(4)(C) Subsec. (i). Pub. L. 103272,  5(f)(2)(C) Pub. L. 103429,  7(a)(4)(C) section 5323(a)(1)(D) of title 49 1991Subsec. (a)(2). Pub. L. 102240,  1027(a) June 30, 1975 June 30, 1976 section 104(b)(6) of this title June 30, 1975 Subsec. (c). Pub. L. 102240,  1027(b) section 104(b)(6) of this title June 30, 1974 June 30, 1975 section 134 of this title section 120(a) of this title section 104(b)(6) of this title Subsec. (d). Pub. L. 102240,  1027(c) section 134 of this title Subsec. (e)(2). Pub. L. 102240,  1027(e)(1) Subsec. (f). Pub. L. 102240,  1027(e)(2) Subsec. (g). Pub. L. 102240,  1027(e)(3) Pub. L. 102240,  1027(d) Subsec. (h). Pub. L. 102240,  3003(b) Pub. L. 102240,  1027(e)(3) Subsec. (i). Pub. L. 102240,  3003(b) Pub. L. 102240,  1027(e)(3) Subsec. (j). Pub. L. 102240,  1027(e)(3) Subsec. (k). Pub. L. 102240,  1027(e)(2) 1983Subsec. (a)(1). Pub. L. 97424,  120(a) Pub. L. 97424,  120(b)(1) Subsec. (b). Pub. L. 97424,  120(b)(2) Subsec. (f). Pub. L. 97424,  120(b)(3) 1976Subsec. (a)(1). Pub. L. 94280,  127(a) Subsec. (e)(3). Pub. L. 94280,  127(b) section 120 of this title 1973Subsec. (a). Pub. L. 9387 section 104(b) of this title section 104(b) of this title Subsec. (b). Pub. L. 9387 Subsec. (c). Pub. L. 9387 Subsec. (d). Pub. L. 9387 Subsec. (e). Pub. L. 9387 Subsec. (f). Pub. L. 9387 Subsecs. (g) to (k). Pub. L. 9387 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Except as otherwise provided, amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Pub. L. 11494, div. A, title I,  1446(d) Dec. 4, 2015 129 Stat. 1438 July 6, 2012 Pub. L. 112141 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1994 Amendment Pub. L. 103429,  7(a) Oct. 31, 1994 108 Stat. 4388 July 5, 1994 Effective Date of 1991 Amendment Amendment by section 1027 of Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Rural Highway Transportation Demonstration Program; Appropriations Authorization; Public Notice and Hearing Pub. L. 9387, title I,  147 Aug. 13, 1973 87 Stat. 274 Pub. L. 93643,  103 Jan. 4, 1975 88 Stat. 2282 Pub. L. 94280, title I,  129 May 5, 1976 90 Stat. 440 Pub. L. 95599, title I,  132 Nov. 6, 1978 92 Stat. 2708 June 30, 1975 June 30, 1976 Transportation for Elderly and Handicapped Persons Pub. L. 93643,  105(a) Jan. 4, 1975 88 Stat. 2282 It is hereby declared to be the national policy that elderly and handicapped persons have the same right as other persons to utilize mass transportation facilities and services; that special efforts shall be made in the planning, design, construction, and operation of mass transportation facilities and services so that the availability to elderly and handicapped persons of mass transportation which they can effectively utilize will be assured; and that all Federal programs offering assistance for mass transportation (including the programs under title 23, United States Code, the Federal-Aid Highway Act of 1973, and this Act [see Short Title of 1973 Amendment note under 101 of this title]) effectively implement this policy. Bus and Other Project Standards Pub. L. 9387, title I,  165 Aug. 13, 1973 87 Stat. 282 Pub. L. 93643,  105(b) Jan. 4, 1975 88 Stat. 2283  (a) The Secretary of Transportation shall require that buses acquired with Federal financial assistance under (1) subsection (a) or (c) of section 142 of title 23 42 U.S.C. 7521 42 U.S.C. 4905 42 U.S.C. 7546 42 U.S.C. 4914 (b) The Secretary of Transportation shall require that projects receiving Federal financial assistance under (1) subsection (a) or (c) of section 142 of title 23  143. Highway use tax evasion projects (a)  State Defined In this section, the term State means the 50 States and the District of Columbia. (b)  Projects. (1)  In general The Secretary shall carry out highway use tax evasion projects in accordance with this subsection. (2)  Funding. (A)  In general From administrative funds made available under section 104(a), the Secretary may deduct such sums as are necessary, not to exceed $4,000,000 for each of fiscal years 2022 through 2026, to carry out this section. (B)  Allocation of funds Funds made available to carry out this section may be allocated to the Internal Revenue Service and the States at the discretion of the Secretary, except that of funds so made available for each fiscal year, $2,000,000 shall be available only to carry out intergovernmental enforcement efforts, including research and training. (3)  Conditions on funds allocated to internal revenue service Except as otherwise provided in this section, the Secretary shall not impose any condition on the use of funds allocated to the Internal Revenue Service under this subsection. (4)  Limitation on use of funds Funds made available to carry out this section shall be used only (A) to expand efforts to enhance motor fuel tax enforcement; (B) to fund additional Internal Revenue Service staff, but only to carry out functions described in this paragraph; (C) to supplement motor fuel tax examinations and criminal investigations; (D) to develop automated data processing tools to monitor motor fuel production and sales; (E) to evaluate and implement registration and reporting requirements for motor fuel taxpayers; (F) to reimburse State expenses that supplement existing fuel tax compliance efforts; (G) to analyze and implement programs to reduce tax evasion associated with other highway use taxes; (H) to support efforts between States and Indian tribes to address issues relating to State motor fuel taxes; and (I) to analyze and implement programs to reduce tax evasion associated with foreign imported fuel. (5)  Maintenance of effort The Secretary may not make an allocation to a State under this subsection for a fiscal year unless the State certifies that the aggregate expenditure of funds of the State, exclusive of Federal funds, for motor fuel tax enforcement activities will be maintained at a level that does not fall below the average level of such expenditure for the preceding 2 fiscal years of the State. (6)  Federal share The Federal share of the cost of a project carried out under this subsection shall be 100 percent. (7)  Period of availability Funds authorized to carry out this section shall remain available for obligation for a period of 3 years after the last day of the fiscal year for which the funds are authorized. (8)  Use of surface transportation block grant program funding In addition to funds made available to carry out this section, a State may expend up to 14 of 1 percent of the funds apportioned to the State for a fiscal year under section 104(b)(2) on initiatives to halt the evasion of payment of motor fuel taxes. (9)  Reports The Commissioner of the Internal Revenue Service and each State shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate an annual report that describes the projects, examinations, and criminal investigations funded by and carried out under this section. Such report shall specify the estimated annual yield from such projects, examinations, and criminal investigations. (c)  Excise Tax Fuel Reporting. (1)  In general Not later than 90 days after the date of enactment of the SAFETEALU, the Secretary shall enter into a memorandum of understanding with the Commissioner of the Internal Revenue Service for the purposes of (A) the additional development of capabilities needed to support new reporting requirements and databases established under such Act and the American Jobs Creation Act of 2004 ( Public Law 108357 (B) the completion of requirements needed for the electronic reporting of fuel transactions from carriers and terminal operators, (C) the operation and maintenance of an excise summary terminal activity reporting system and other systems used to provide strategic analyses of domestic and foreign motor fuel distribution trends and patterns, (D) the collection, analysis, and sharing of information on fuel distribution and compliance or noncompliance with fuel taxes, and (E) the development, completion, operation, and maintenance of an electronic claims filing system and database and an electronic database of heavy vehicle highway use payments. (2)  Elements of memorandum of understanding The memorandum of understanding shall provide that (A) the Internal Revenue Service shall develop and maintain any system under paragraph (1) through contracts, (B) any system under paragraph (1) shall be under the control of the Internal Revenue Service, and (C) any system under paragraph (1) shall be made available for use by appropriate State and Federal revenue, tax, and law enforcement authorities, subject to section 6103 of the Internal Revenue Code of 1986. (3)  Funding Of the amounts made available to carry out this section for each fiscal year, the Secretary shall make available to the Internal Revenue Service such funds as may be necessary to complete, operate, and maintain the systems under paragraph (1) in accordance with this subsection. (4)  Reports Not later than September 30 of each year, the Commissioner of the Internal Revenue Service shall provide reports to the Secretary on the status of the Internal Revenue Service projects funded under this subsection. (Added Pub. L. 91605, title I,  127(a) Dec. 31, 1970 84 Stat. 1729 Pub. L. 9387, title I,  122 Aug. 13, 1973 87 Stat. 261 Pub. L. 105178, title I,  1114(a) June 9, 1998 112 Stat. 152 Pub. L. 105206, title IX,  9002(h) July 22, 1998 112 Stat. 836 Pub. L. 10959, title I,  1115(a) Aug. 10, 2005 119 Stat. 1175 Pub. L. 112141, div. A, title I,  1110 July 6, 2012 126 Stat. 444 Pub. L. 11494, div. A, title I,  1110 Dec. 4, 2015 129 Stat. 1344 Pub. L. 11758, div. A, title I,  11120 Nov. 15, 2021 135 Stat. 497  Editorial Notes  References in Text The SAFETEALU, referred to in subsec. (c)(1), is Pub. L. 10959 Aug. 10, 2005 119 Stat. 1144 section 101 of this title The American Jobs Creation Act of 2004, referred to in subsec. (c)(1)(A), is Pub. L. 108357 Oct. 22, 2004 118 Stat. 1418 section 1 of Title 26 Section 6103 of the Internal Revenue Code of 1986, referred to in subsec. (c)(2)(C), is classified to section 6103 of Title 26 Prior Provisions Provisions similar to those in this section were contained in Pub. L. 102240, title I,  1040 Dec. 18, 1991 105 Stat. 1992 section 101 of this title Pub. L. 105178,  1114(b)(2) Amendments 2021Subsec. (b)(2)(A). Pub. L. 11758 2015Subsec. (b)(2)(A). Pub. L. 11494,  1110(1) Subsec. (b)(8). Pub. L. 11494,  1110(2) Subsec. (b)(9). Pub. L. 11494,  1110(3) 2012Subsec. (b)(2). Pub. L. 112141,  1110(1)(A) Subsec. (b)(8). Pub. L. 112141,  1110(1)(B) Subsec. (c)(3). Pub. L. 112141,  1110(2) 2005Subsec. (b)(2). Pub. L. 10959,  1115(a)(1) Subsec. (b)(3). Pub. L. 10959,  1115(a)(2) Subsec. (b)(4)(H), (I). Pub. L. 10959,  1115(a)(3) Subsec. (b)(9). Pub. L. 10959,  1115(a)(4) Subsec. (c). Pub. L. 10959,  1115(b) August 1, 1998 1998 Pub. L. 105178 Subsec. (c)(1). Pub. L. 105178,  1114(c)(1) Pub. L. 105206,  9002(h) Subsec. (c)(3). Pub. L. 105178,  1114(c)(2) Pub. L. 105206,  9002(h) 1973Subsec. (a). Pub. L. 9387,  122(a) Subsec. (b). Pub. L. 9387,  122(a) Subsec. (c). Pub. L. 9387,  122(a) Subsec. (d). Pub. L. 9387,  122(a) Subsec. (e). Pub. L. 9387,  122(b) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1998 Amendment Title IX of Pub. L. 105206 Pub. L. 105178 Pub. L. 105178 Pub. L. 105178 July 22, 1998 Pub. L. 105206 section 9016 of Pub. L. 105206 section 101 of this title Highway Use Tax Evasion Projects Pub. L. 102240, title VIII,  8002(g) Dec. 18, 1991 105 Stat. 2204 Pub. L. 105178, title I,  1114(b)(3) June 9, 1998 112 Stat. 154  (g)  Use of Revenues for Enforcement of Highway Trust Fund Taxes The Secretary of Transportation shall not impose any condition on the use of funds transferred under section 143 of title 23 26 U.S.C. 9503(b)(1) [(h) Repealed. Pub. L. 105178, title I,  1114(b)(3)(B) June 9, 1998 112 Stat. 154  144. National bridge and tunnel inventory and inspection standards (a)  Findings and Declarations. (1)  Findings Congress finds that (A) the condition of the bridges of the United States has improved since the date of enactment of the Transportation Equity Act for the 21st Century ( Public Law 105178 112 Stat. 107 (B) the systematic preventative maintenance of bridges, and replacement and rehabilitation of deficient bridges, should be undertaken through an overall asset management approach to transportation investment. (2)  Declarations Congress declares that it is in the vital interest of the United States (A) to inventory, inspect, and improve the condition of the highway bridges and tunnels of the United States; (B) to use a data-driven, risk-based approach and cost-effective strategy for systematic preventative maintenance, replacement, and rehabilitation of highway bridges and tunnels to ensure safety, resilience, and extended service life; (C) to use performance-based bridge management systems to assist States in making timely investments; (D) to ensure accountability and link performance outcomes to investment decisions; (E) to ensure connectivity and access for residents of rural areas of the United States through strategic investments in National Highway System bridges and bridges on all public roads; and (F) to ensure adequate passage of aquatic and terrestrial species, where appropriate. (b)  National Bridge and Tunnel Inventories The Secretary, in consultation with the States and Federal agencies with jurisdiction over highway bridges and tunnels, shall (1) inventory all highway bridges on public roads, on and off Federal-aid highways, including tribally owned and Federally owned bridges, that are bridges over waterways, other topographical barriers, other highways, and railroads; (2) inventory all tunnels on public roads, on and off Federal-aid highways, including tribally owned and Federally owned tunnels; (3) classify the bridges according to serviceability, safety, and essentiality for public use, including the potential impacts to emergency evacuation routes and to regional and national freight and passenger mobility if the serviceability of the bridge is restricted or diminished; (4) based on that classification, assign each a risk-based priority for systematic preventative maintenance, replacement, or rehabilitation; (5) determine the cost of replacing each bridge classified as in poor condition identified under this subsection with a comparable facility or the cost of rehabilitating the bridge; and (6) determine if the replacement or rehabilitation of bridges and tunnels should include measures to enable safe and unimpeded movement for terrestrial and aquatic species. (c)  General Bridge Authority. (1)  In general Except as provided in paragraph (2) and notwithstanding any other provision of law, the General Bridge Act of 1946 ( 33 U.S.C. 525 (2)  Exception Section 502(b) of the General Bridge Act of 1946 ( 33 U.S.C. 525(b) section 9 of the Act of March 3, 1899 33 U.S.C. 401 (A) are not used and are not susceptible to use in the natural condition of the water or by reasonable improvement as a means to transport interstate or foreign commerce; and (B) are (i) not tidal; or (ii) if tidal, used only by recreational boating, fishing, and other small vessels that are less than 21 feet in length. (d)  Inventory Updates and Reports. (1)  In general The Secretary shall (A) annually revise the inventories authorized by subsection (b); and (B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the inventories. (2)  Inspection report Not later than 2 years after the date of enactment of the MAP21, each State and appropriate Federal agency shall report element level data to the Secretary, as each bridge is inspected pursuant to this section, for all highway bridges on the National Highway System. (3)  Guidance The Secretary shall provide guidance to States and Federal agencies for implementation of this subsection, while respecting the existing inspection schedule of each State. (4)  Bridges not on national highway system The Secretary shall (A) conduct a study on the benefits, cost-effectiveness, and feasibility of requiring element-level data collection for bridges not on the National Highway System; and (B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study. (e)  Bridges Without Taxing Powers. (1)  In general Notwithstanding any other provision of law, any bridge that is owned and operated by an agency that does not have taxing powers and whose functions include operating a federally assisted public transit system subsidized by toll revenues shall be eligible for assistance under this title, but the amount of such assistance shall in no event exceed the cumulative amount which such agency has expended for capital and operating costs to subsidize such transit system. (2)  Insufficient assets Before authorizing an expenditure of funds under this subsection, the Secretary shall determine that the applicant agency has insufficient reserves, surpluses, and projected revenues (over and above those required for bridge and transit capital and operating costs) to fund the bridge project or activity eligible for assistance under this title. (3)  Crediting of non-federal funds Any non-Federal funds expended for the seismic retrofit of the bridge may be credited toward the non-Federal share required as a condition of receipt of any Federal funds for seismic retrofit of the bridge made available after the date of the expenditure. (f)  Replacement of Destroyed Bridges and Ferry Boat Service. (1)  In general Notwithstanding any other provision of law, a State may use the funds apportioned under section 104(b)(2) to construct any bridge that replaces (A) any low water crossing (regardless of the length of the low water crossing); (B) any bridge that was destroyed prior to January 1, 1965 (C) any ferry that was in existence on January 1, 1984 (D) any road bridge that is rendered obsolete as a result of a Corps of Engineers flood control or channelization project and is not rebuilt with funds from the Corps of Engineers. (2)  Federal share The Federal share payable on any bridge construction carried out under paragraph (1) shall be 80 percent of the cost of the construction. (g)  Historic Bridges. (1)  Definition of historic bridge In this subsection, the term historic bridge means any bridge that is listed on, or eligible for listing on, the National Register of Historic Places. (2)  Coordination The Secretary shall, in cooperation with the States, encourage the retention, rehabilitation, adaptive reuse, and future study of historic bridges. (3)  State inventory The Secretary shall require each State to complete an inventory of all bridges on and off Federal-aid highways to determine the historic significance of the bridges. (4)  Eligibility. (A)  In general Subject to subparagraph (B), reasonable costs associated with actions to preserve, or reduce the impact of a project under this chapter on, the historic integrity of a historic bridge shall be eligible as reimbursable project costs under section 133 if the load capacity and safety features of the historic bridge are adequate to serve the intended use for the life of the historic bridge. (B)  Bridges not used for vehicle traffic In the case of a historic bridge that is no longer used for motorized vehicular traffic, the costs eligible as reimbursable project costs pursuant to this chapter shall not exceed the estimated cost of demolition of the historic bridge. (5)  Preservation Any State that proposes to demolish a historic bridge for a replacement project with funds made available to carry out this section shall first make the historic bridge available for donation to a State, locality, or responsible private entity if the State, locality, or responsible entity enters into an agreement (A) to maintain the bridge and the features that give the historic bridge its historic significance; and (B) to assume all future legal and financial responsibility for the historic bridge, which may include an agreement to hold the State transportation department harmless in any liability action. (6)  Costs incurred. (A)  In general Costs incurred by the State to preserve a historic bridge (including funds made available to the State, locality, or private entity to enable it to accept the bridge) shall be eligible as reimbursable project costs under this chapter in an amount not to exceed the cost of demolition. (B)  Additional funding Any bridge preserved pursuant to this paragraph shall not be eligible for any other funds authorized pursuant to this title. (h)  National Bridge and Tunnel Inspection Standards. (1)  Requirement. (A)  In general The Secretary shall establish and maintain inspection standards for the proper inspection and evaluation of all highway bridges and tunnels for safety and serviceability. (B)  Uniformity The standards under this subsection shall be designed to ensure uniformity of the inspections and evaluations. (2)  Minimum requirements of inspection standards The standards established under paragraph (1) shall, at a minimum (A) specify, in detail, the method by which the inspections shall be carried out by the States, Federal agencies, and tribal governments; (B) establish the maximum time period between inspections; (C) establish the qualifications for those charged with carrying out the inspections; (D) require each State, Federal agency, and tribal government to maintain and make available to the Secretary on request (i) written reports on the results of highway bridge and tunnel inspections and notations of any action taken pursuant to the findings of the inspections; and (ii) current inventory data for all highway bridges and tunnels reflecting the findings of the most recent highway bridge and tunnel inspections conducted; and (E) establish a procedure for national certification of highway bridge inspectors and tunnel inspectors. (3)  State compliance with inspection standards The Secretary shall, at a minimum (A) establish, in consultation with the States, Federal agencies, and interested and knowledgeable private organizations and individuals, procedures to conduct reviews of State compliance with (i) the standards established under this subsection; and (ii) the calculation or reevaluation of bridge load ratings; and (B) establish, in consultation with the States, Federal agencies, and interested and knowledgeable private organizations and individuals, procedures for States to follow in reporting to the Secretary (i) critical findings relating to structural or safety-related deficiencies of highway bridges and tunnels; and (ii) monitoring activities and corrective actions taken in response to a critical finding described in clause (i). (4)  Reviews of state compliance. (A)  In general The Secretary shall annually review State compliance with the standards established under this section. (B)  Noncompliance If an annual review in accordance with subparagraph (A) identifies noncompliance by a State, the Secretary shall (i) issue a report detailing the issues of the noncompliance by December 31 of the calendar year in which the review was made; and (ii) provide the State an opportunity to address the noncompliance by (I) developing a corrective action plan to remedy the noncompliance; or (II) resolving the issues of noncompliance not later than 45 days after the date of notification. (5)  Penalty for noncompliance. (A)  In general If a State fails to satisfy the requirements of paragraph (4)(B) by August 1 of the calendar year following the year of a finding of noncompliance, the Secretary shall, on October 1 of that year, and each year thereafter as may be necessary, require the State to dedicate funds apportioned to the State under sections 119 and 133 after the date of enactment of the MAP21 to correct the noncompliance with the minimum inspection standards established under this subsection. (B)  Amount The amount of the funds to be directed to correcting noncompliance in accordance with subparagraph (A) shall (i) be determined by the State based on an analysis of the actions needed to address the noncompliance; and (ii) require approval by the Secretary. (6)  Update of standards Not later than 3 years after the date of enactment of the MAP21, the Secretary shall update inspection standards to cover (A) the methodology, training, and qualifications for inspectors; and (B) the frequency of inspection. (7)  Risk-based approach In carrying out the revisions required by paragraph (6), the Secretary shall consider a risk-based approach to determining the frequency of bridge inspections. (i)  Training Program for Bridge and Tunnel Inspectors. (1)  In general The Secretary, in cooperation with the State transportation departments, shall maintain a program designed to train appropriate personnel to carry out highway bridge and tunnel inspections. (2)  Revisions The training program shall be revised from time to time to take into account new and improved techniques. (3)  Requirement The first revision under paragraph (2) after the date of enactment of the Surface Transportation Reauthorization Act of 2021 shall include techniques to assess passage of aquatic and terrestrial species and habitat restoration potential. (j)  Bundling of Bridge Projects. (1)  Purpose The purpose of this subsection is to save costs and time by encouraging States to bundle multiple bridge projects as 1 project. (2)  Eligible entity defined In this subsection, the term eligible entity means an entity eligible to carry out a bridge project under section 119 or 133. (3)  Bundling of bridge projects An eligible entity may bundle 2 or more similar bridge projects that are (A) eligible projects under section 119 or 133; (B) included as a bundled project in a transportation improvement program under section 134(j) or a statewide transportation improvement program under section 135, as applicable; and (C) awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and an eligible entity. (4)  Itemization Notwithstanding any other provision of law (including regulations), a bundling of bridge projects under this subsection may be listed as (A) 1 project for purposes of sections 134 and 135; and (B) a single project. (5)  Financial characteristics Projects bundled under this subsection shall have the same financial characteristics, including (A) the same funding category or subcategory; and (B) the same Federal share. (k)  Availability of Funds In carrying out this section (1) the Secretary may use funds made available to the Secretary under sections 104(a) and 503; (2) a State may use amounts apportioned to the State under section 104(b)(1) and 104(b)(2); (3) an Indian tribe may use funds made available to the Indian tribe under section 202; and (4) a Federal agency may use funds made available to the agency under section 503. (Added Pub. L. 91605, title II,  204(a) Dec. 31, 1970 84 Stat. 1741 Pub. L. 9387, title II,  204 Aug. 13, 1973 87 Stat. 284 Pub. L. 93643,  113 Jan. 4, 1975 88 Stat. 2286 Pub. L. 95599, title I,  124(a) Nov. 6, 1978 92 Stat. 2702 Pub. L. 96106 Nov. 9, 1979 93 Stat. 797 Pub. L. 97327,  5(c) Oct. 15, 1982 96 Stat. 1612 Pub. L. 97424, title I Jan. 6, 1983 96 Stat. 2111 Pub. L. 10017, title I Apr. 2, 1987 101 Stat. 161163 Pub. L. 102240, title I,  1028(a) Dec. 18, 1991 105 Stat. 1967 Pub. L. 103220,  1 Mar. 17, 1994 108 Stat. 100 Pub. L. 10459, title III Nov. 28, 1995 109 Stat. 588 Pub. L. 105178, title I June 9, 1998 112 Stat. 141 Pub. L. 105206, title IX,  9002(i) July 22, 1998 112 Stat. 836 Pub. L. 10888,  2(b)(5) Sept. 30, 2003 117 Stat. 1111 Pub. L. 108202,  2(b)(3) Feb. 29, 2004 118 Stat. 478 Pub. L. 108224,  2(b)(2) Apr. 30, 2004 118 Stat. 627 Pub. L. 108263,  2(b)(2) June 30, 2004 118 Stat. 698 Pub. L. 108280,  2(b)(2) July 30, 2004 118 Stat. 876 Pub. L. 108310,  2(b)(5) Sept. 30, 2004 118 Stat. 1145 Pub. L. 10914,  2(b)(3) May 31, 2005 119 Stat. 324 Pub. L. 10920,  2(b)(2) July 1, 2005 119 Stat. 346 Pub. L. 10935,  2(b)(2) July 20, 2005 119 Stat. 379 Pub. L. 10937,  2(b)(2) July 22, 2005 119 Stat. 394 Pub. L. 10940,  2(b)(2) July 28, 2005 119 Stat. 410 Pub. L. 10959, title I,  1114 Aug. 10, 2005 119 Stat. 1172 Pub. L. 110244, title I,  101(m)(1) June 6, 2008 122 Stat. 1575 Pub. L. 112141, div. A, title I,  1111(a) July 6, 2012 126 Stat. 445 Pub. L. 11494, div. A, title I,  1111 Dec. 4, 2015 129 Stat. 1344 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 506  Editorial Notes  References in Text The date of enactment of the Transportation Equity Act for the 21st Century, referred to in subsec. (a)(1)(A), is the date of enactment of Pub. L. 105178 June 9, 1998 The General Bridge Act of 1946, referred to in subsec. (c)(1), is title V of act Aug. 2, 1946, ch. 753 60 Stat. 847 section 525 of Title 33 The date of enactment of the MAP21, referred to in subsecs. (d)(2) and (h)(5)(A), (6), is deemed to be Oct. 1, 2012 Pub. L. 112141 section 101 of this title The date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsec. (i)(3), is the date of enactment of div. A of Pub. L. 11758 Nov. 15, 2021 Amendments 2021Subsec. (a)(2)(B). Pub. L. 11758,  11123(e)(1)(A) Subsec. (a)(2)(F). Pub. L. 11758,  11123(e)(1)(B) Subsec. (b)(5). Pub. L. 11758,  11524(b) Subsec. (b)(6). Pub. L. 11758,  11123(e)(2) Subsec. (i)(3). Pub. L. 11758,  11123(e)(3) Subsec. (j)(6). Pub. L. 11758,  11310(b) 2015Subsec. (c)(2)(A). Pub. L. 11494,  1111(1) Subsecs. (j), (k). Pub. L. 11494,  1111(2) Subsec. (k)(2). Pub. L. 11494,  1111(4) 2012 Pub. L. 112141 2008 Pub. L. 110244,  101(m)(1)(A) Subsecs. (b)(1), (c)(1)(1). Pub. L. 110244,  101(m)(1)(B) Subsec. (c)(2). Pub. L. 110244,  101(m)(1)(C) Subsec. (d)(4). Pub. L. 110244,  101(m)(1)(D) Subsec. (e)(1), (2). Pub. L. 110244,  101(m)(1)(B) Subsec. (e)(3), (4). Pub. L. 110244,  101(m)(1)(E) Subsec. (f). Pub. L. 110244,  101(m)(1)(F) Subsec. (f)(1)(A)(vi). Pub. L. 110244,  101(m)(1)(H) Subsec. (f)(2). Pub. L. 110244,  101(m)(1)(I) Subsecs. (g) to ( l Pub. L. 110244,  101(m)(1)(G) l Subsec. (m). Pub. L. 110244,  101(m)(1)(G) l Subsec. (n). Pub. L. 110244,  101(m)(1)(G) o Subsec. (n)(4)(B). Pub. L. 110244,  101(m)(1)(K) Subsec. ( o Pub. L. 110244,  101(m)(1)(G) o o Subsec. ( o Pub. L. 110244,  101(m)(1)(C) Subsecs. (p) to (s). Pub. L. 110244,  101(m)(1)(G) o 2005Subsec. (a). Pub. L. 10959,  1114(a) Subsec. (d). Pub. L. 10959,  1114(b) Subsec. (e). Pub. L. 10959,  1114(c) Subsec. (g). Pub. L. 10959,  1114(e)(2)(A) Bridge Set-asides Set Asides Subsec. (g)(1). Pub. L. 10959,  1114(e)(2)(A) Subsec. (g)(1)(C). Pub. L. 10959,  1114(e)(1) Subsec. (g)(2). Pub. L. 10959,  1114(e)(2)(C) Pub. L. 10959,  1114(e)(2)(A) (A) for a project for a highway bridge the replacement or rehabilitation cost of which is more than $10,000,000, and (B) for a project for a highway bridge the replacement or rehabilitation cost of which is less than $10,000,000 if such cost is at least twice the amount apportioned to the State in which such bridge is located under subsection (e) for the fiscal year in which application is made for a grant for such bridge. Subsec. (g)(3). Pub. L. 10959,  1114(e)(2)(C) Pub. L. 10959,  1114(d) October 1, 2004 July 30, 2005 Pub. L. 10940 Pub. L. 10937 Pub. L. 10935 Pub. L. 10920 Pub. L. 10914 Subsec. (i). Pub. L. 10959,  1114(g) section 307(f) of this title Subsecs. (r), (s). Pub. L. 10959,  1114(f) 2004Subsec. (g)(3). Pub. L. 108310 October 1, 2004 May 31, 2005 Pub. L. 108280 October 1, 2003 July 31, 2004 Pub. L. 108263 Pub. L. 108224 Pub. L. 108202 2003Subsec. (g)(3). Pub. L. 10888 October 1, 2003 February 29, 2004 1998Subsec. (d). Pub. L. 105178,  1109(d)(1) Subsec. (e). Pub. L. 105178,  1109(a) September 30, 1997 Subsec. (g)(1). Pub. L. 105178,  1109(b) Subsec. (g)(3). Pub. L. 105178,  1109(c) Subsec. (g)(4). Pub. L. 105178,  1115(f)(3) Pub. L. 105206,  9002(i) Subsec. (n). Pub. L. 105178,  1109(e) 1995Subsec. (i)(1). Pub. L. 10459,  325(b) Subsec. ( l Pub. L. 10459,  318 1994Subsec. (d). Pub. L. 103220,  1(1) Subsec. (e). Pub. L. 103220,  1(2) 1991Subsec. (c)(3). Pub. L. 102240,  1028(a) Subsec. (d). Pub. L. 102240,  1028(b) Subsec. (f). Pub. L. 102240,  1028(c) Subsec. (g)(1). Pub. L. 102240,  1028(d) Subsec. (g)(3). Pub. L. 102240,  1028(e)(1) Subsec. (g)(4). Pub. L. 102240,  1028(f) Subsecs. (p), (q). Pub. L. 102240,  1028(e)(2) 1987Subsec. (e). Pub. L. 10017,  133(b)(11) Pub. L. 10017,  123(d)(3) Subsec. (g). Pub. L. 10017,  123(a) Subsec. (h). Pub. L. 10017,  123(b) Subsec. (i). Pub. L. 10017,  128 Pub. L. 10017,  123(c) Subsec. (m). Pub. L. 10017,  123(d)(1) Subsec. (n). Pub. L. 10017,  123(e) l Subsec. ( o Pub. L. 10017,  123(f)(2) o l o Subsec. (p). Pub. L. 10017,  123(d)(1) 1983Subsec. (e). Pub. L. 97424,  121(a) Sept. 30, 1979 Sept. 30, 1983 Pub. L. 97327,  5(c)(1) September 30, 1982 September 30, 1983 September 30, 1982 Subsec. (g). Pub. L. 97424,  122(a) section 5(c)(2) of Pub. L. 97327 Sept. 30, 1983 Pub. L. 97327,  5(c)(2) September 30, 1983 1979Subsec. (d). Pub. L. 96106,  7(a) Subsec. (g). Pub. L. 96106,  8(a) Subsec. (m). Pub. L. 96106,  7(b) 1978Subsec. (a). Pub. L. 95599 Subsec. (b). Pub. L. 95599 Subsec. (c). Pub. L. 95599 Subsec. (d). Pub. L. 95599 Subsec. (e). Pub. L. 95599 Subsec. (f). Pub. L. 95599 Subsec. (g). Pub. L. 95599 Sept. 30, 1979 Sept. 30, 1982 Subsec. (h). Pub. L. 95599 Subsec. (i). Pub. L. 95599 Subsecs. (j) to (m). Pub. L. 95599 1975Subsec. (e). Pub. L. 93643 June 30, 1976 1973Subsec. (e). Pub. L. 9387,  204(a) June 30, 1974 Subsecs. (f) to (h). Pub. L. 9387,  204(b) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 2005 Amendment Pub. L. 10959, title I,  1114(e)(2) Aug. 10, 2005 119 Stat. 1174 Oct. 1, 2005 Effective Date of 1998 Amendment Title IX of Pub. L. 105206 Pub. L. 105178 Pub. L. 105178 Pub. L. 105178 July 22, 1998 Pub. L. 105206 section 9016 of Pub. L. 105206 section 101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Effective Date of 1987 Amendment Pub. L. 10017, title I,  123(d)(2) Apr. 2, 1987 101 Stat. 162 The amendment made by subsection (a) [amending this section] shall apply to funds apportioned to the States under [former] section 144 of title 23 September 30, 1986 Effective Date of 1983 Amendment Pub. L. 97424, title I,  121(b) Jan. 6, 1983 96 Stat. 2112 The amendment made by subsection (a) of this section [amending this section] shall take effect October 1, 1982 section 144 of title 23 Jan. 6, 1983 September 30, 1983 Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 National Historic Covered Bridge Preservation Pub. L. 10959, title I,  1804 Aug. 10, 2005 119 Stat. 1458 Pub. L. 112141, div. A, title I,  1519(b)(2) July 6, 2012 126 Stat. 575 Pub. L. 105178, title I,  1224 Pub. L. 105206, title IX,  9003(a) July 22, 1998 112 Stat. 837 Use of Debris From Demolished Bridges and Overpasses Pub. L. 10959, title I,  1805 Aug. 10, 2005 119 Stat. 1459 Pub. L. 112141, div. A, title I,  1523 July 6, 2012 126 Stat. 580  (a)  In General Any State that demolishes a bridge or an overpass that is eligible for Federal assistance under the national highway performance program under section 119 of title 23 (b)  Recipient Responsibilities A recipient of the debris described in subsection (a) shall (1) bear the additional cost associated with having the debris made available; (2) ensure that placement of the debris complies with applicable law; and (3) assume all future legal responsibility arising from the placement of the debris, which may include entering into an agreement to hold the owner of the demolished bridge or overpass harmless in any liability action. (c)  Definition In this section, the term beneficial use means the application of the debris for purposes of shore erosion control or stabilization, ecosystem restoration, and marine habitat creation. Highway Timber Bridge Research and Demonstration Program Pub. L. 102240, title I,  1039 Dec. 18, 1991 105 Stat. 1990 Pub. L. 102388, title IV,  408 Oct. 6, 1992 106 Stat. 1564 Feasibility of International Border Highway Infrastructure Discretionary Program Pub. L. 102240, title I,  1089 Dec. 18, 1991 105 Stat. 2023 Sept. 30, 1993 Historic Bridges; Congressional Findings and Declarations Pub. L. 10017, title I,  123(f)(1) Apr. 2, 1987 101 Stat. 163 Congress hereby finds and declares it to be in the national interest to encourage the rehabilitation, reuse and preservation of bridges significant in American history, architecture, engineering and culture. Historic bridges are important links to our past, serve as safe and vital transportation routes in the present, and can represent significant resources for the future. Study and Recommendations by Transportation Research Board on Effects of Bridge Program on Preservation and Rehabilitation of Historic Bridges Pub. L. 10017, title I,  123(f)(3) Apr. 2, 1987 101 Stat. 163 Study of Highway Bridges Which Cross Rail Lines; Report Pub. L. 10017, title I,  160 Apr. 2, 1987 101 Stat. 212 Apr. 2, 1987 Four-Lane Bridges Pub. L. 97424, title I,  130 Jan. 6, 1983 96 Stat. 2118 Jan. 1, 1970 Jan. 6, 1983 Discretionary Bridge Criteria Pub. L. 97424, title I,  161 Jan. 6, 1983 96 Stat. 2135 Pub. L. 10017, title I,  123(h) Apr. 2, 1987 101 Stat. 164 Jan. 6, 1983 Transfer of Discretionary Bridge Funds Pub. L. 96106,  8(b) Nov. 9, 1979 93 Stat. 797 section 104(b)(6) of this title July 31, 1979 section 8(a) of Pub. L. 96106 Time for Completion of Inventory and Classification of Highway Bridges Pub. L. 95599, title I,  124(c) Nov. 6, 1978 92 Stat. 2705 section 124 of Pub. L. 95599 Nov. 6, 1978 Acceleration of Bridge Projects; Ohio River Bridge Fund Reprogramming; Reports to Congress Pub. L. 95599, title I,  147 Nov. 6, 1978 92 Stat. 2714 Pub. L. 96106,  15 Nov. 19, 1979 93 Stat. 798 Pub. L. 99272, title IV,  4105 Apr. 7, 1986 100 Stat. 116  145. Federal-State relationship (a)  Protection of State Sovereignty The authorization of the appropriation of Federal funds or their availability for expenditure under this chapter shall in no way infringe on the sovereign rights of the States to determine which projects shall be federally financed. The provisions of this chapter provide for a federally assisted State program. (b)  Purpose of Projects The projects described in section 1702 of the SAFETEALU, section 1602 of the Transportation Equity Act for the 21st Century, sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 ( 105 Stat. 2027 101 Stat. 181 (Added Pub. L. 9387, title I,  123(a) Aug. 13, 1973 87 Stat. 261 Pub. L. 105178, title I,  1601(b) June 9, 1998 112 Stat. 256 Pub. L. 10959, title I,  1701(e) Aug. 10, 2005 119 Stat. 1256 Pub. L. 112141, div. A, title I,  1519(c)(9) July 6, 2012 126 Stat. 576 Pub. L. 11494, div. A, title I,  1446(d)(5)(B) Dec. 4, 2015 129 Stat. 1438  Editorial Notes  References in Text Section 1702 of the SAFETEALU, referred to in subsec. (b), is section 1702 of Pub. L. 10959 Aug. 10, 2005 119 Stat. 1256 Section 1602 of the Transportation Equity Act for the 21st Century, referred to in subsec. (b), is section 1602 of Pub. L. 105178 June 9, 1998 112 Stat. 256 Sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (b), are sections 1103 to 1108 of Pub. L. 102240, title I Dec. 18, 1991 105 Stat. 20272063 Section 149(a) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, referred to in subsec. (b), is section 149(a) of Pub. L. 10017 Apr. 2, 1987 101 Stat. 181 Section 1101(a)(16) of the SAFETEALU, referred to in subsec. (b), is section 1101(a)(16) of Pub. L. 10959 Aug. 10, 2005 119 Stat. 1155 Section 1101(a)(13) of the Transportation Equity Act for the 21st Century, referred to in subsec. (b), is section 1101(a)(13) of Pub. L. 105178 June 9, 1998 112 Stat. 113 Amendments 2015Subsec. (b). Pub. L. 11494,  1446(d)(5)(B) Pub. L. 112141,  1519(c) 2012Subsec. (b). Pub. L. 112141,  1519(c)(9) Pub. L. 11494,  1446(d)(5)(B) section 117 of this title 2005Subsec. (b). Pub. L. 10959 section 117 of this title 1998 Pub. L. 105178 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Pub. L. 11494, div. A, title I,  1446(d) Dec. 4, 2015 129 Stat. 1438 July 6, 2012 Pub. L. 112141 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  146. Carpool and vanpool projects (a) In order to conserve fuel, decrease traffic congestion during rush hours, improve air quality, and enhance the use of existing highways and parking facilities, the Secretary may approve for Federal financial assistance from funds apportioned under section 104(b)(2) of this title (b) A project authorized by this section shall be subject to and carried out in accordance with all provisions of this title, except those provisions which the Secretary determines are inconsistent with this section. (Added Pub. L. 95599, title I,  126(a) Nov. 6, 1978 92 Stat. 2705 Pub. L. 105178, title I,  1103 l June 9, 1998 112 Stat. 125 Pub. L. 112141, div. A, title I,  1105(b) July 6, 2012 126 Stat. 432  Editorial Notes Prior Provisions A prior section 146, Pub. L. 9387, title I,  125(a) Aug. 13, 1973 87 Stat. 262 Pub. L. 94280, title I,  128(a) May 5, 1976 90 Stat. 440 Amendments 2012Subsec. (a). Pub. L. 112141 1998Subsec. (a). Pub. L. 105178 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Use of High Occupancy Lanes Pub. L. 97424, title I,  163 Jan. 6, 1983 96 Stat. 2136 Pub. L. 10017, title I,  133(a)(4) Apr. 2, 1987 101 Stat. 170 Pub. L. 102240, title I,  1056 Dec. 18, 1991 105 Stat. 2002 Notwithstanding any other provision of this Act or any other law, no funds apportioned or allocated to a State for Federal-aid highways shall be obligated for a project for constructing, resurfacing, restoring, rehabilitating, or reconstructing a Federal-aid highway which has a lane designated as a carpool lane unless the use of such lane includes use by motorcycles. Upon certification by the State to the Secretary of Transportation, after notice in the Federal Register and an opportunity for public comment, and acceptance of such certification by the Secretary, the State may restrict such use by motorcycles if such use would create a safety hazard. Any certification made before the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991 [ Dec. 18, 1991 Expenditure of Administrative Funds for Carpooling and Vanpooling Programs Pub. L. 97424, title I,  123(b) Jan. 6, 1983 96 Stat. 2113 section 104(a) of this title section 126(d) of Pub. L. 95599 Grants to States, Counties, etc., To Promote Carpooling and Vanpooling Programs Pub. L. 95599, title I,  126(d) Nov. 6, 1978 92 Stat. 2706 Pub. L. 102240, title III,  3004(b) Dec. 18, 1991 105 Stat. 2088  (d) It is hereby declared to be national policy that special effort should be made to promote commuter modes of transportation which conserve energy, reduce pollution, and reduce traffic congestion. The Secretary is directed to assist both public and private employers and employees who wish to establish carpooling and vanpooling programs where they are needed and desired, and to assist local and State governments, and their instrumentalities, in encouraging such modes by removing legal and regulatory barriers to such programs, supporting existing carpooling and vanpooling programs, and providing technical assistance, for the purpose of increasing participation in such modes. (e) The Secretary of Transportation is authorized to make grants and loans to States, counties, municipalities, metropolitan planning organizations, and other units of local and regional government consistent with the policy of subsection (d) of this section. Such grants and loans shall be awarded in a manner which emphasizes energy conservation, although the Secretary may use other factors as he deems appropriate. The Federal share of the costs of any project approved under this subsection shall not exceed 75 per centum. No grant awarded under this subsection may be used for the purchase or lease of vehicles. (f) There is hereby authorized to be appropriated, out of the Highway Trust Fund, not to exceed $1,000,000 for the fiscal year ending September 30, 1979 September 30, 1980 September 30, 1981 September 30, 1979 September 30, 1980 (g) The Secretary of Transportation shall not approve any project under subsection (d) or (e) of this section or under section 146 of title 23 (h) The Secretary of Transportation is directed to study the administrative effectiveness of carpooling and vanpooling programs within the Department of Transportation, including programs of the Federal Highway Administration, the Federal Transit Administration, and the Office of the Secretary. Such study shall be completed no later than September 30, 1979 March 30, 1980 [Federal Transit Administration substituted for Urban Mass Transit Administration in section 126(h) of Pub. L. 95599 section 3004(a) of Pub. L. 102240 section 107 of Title 49 Federal Facility Ridesharing Program For provisions relating to the Federal Facilities Ridesharing Program, see Ex. Ord. No. 12191, Feb. 1, 1980 section 6361 of Title 42  147. Construction of ferry boats and ferry terminal facilities (a)  Program The Secretary shall carry out a program for construction of ferry boats and ferry terminal facilities in accordance with section 129(c). (b)  Federal Share The Federal share of the cost of construction of ferry boats, ferry terminals, and ferry maintenance facilities under this section shall be 80 percent. (c)  Distribution of Funds Of the amounts made available to ferry systems and public entities responsible for developing ferries under this section for a fiscal year, 100 percent shall be allocated in accordance with the formula set forth in subsection (d). (d)  Formula Of the amounts allocated under subsection (c) (1) 35 percent shall be allocated among eligible entities in the proportion that (A) the number of ferry passengers, including passengers in vehicles, carried by each ferry system in the most recent calendar year for which data is available; bears to (B) the number of ferry passengers, including passengers in vehicles, carried by all ferry systems in the most recent calendar year for which data is available; (2) 35 percent shall be allocated among eligible entities in the proportion that (A) the number of vehicles carried by each ferry system in the most recent calendar year for which data is available; bears to (B) the number of vehicles carried by all ferry systems in the most recent calendar year for which data is available; and (3) 30 percent shall be allocated among eligible entities in the proportion that (A) the total route nautical miles serviced by each ferry system in the most recent calendar year for which data is available; bears to (B) the total route nautical miles serviced by all ferry systems in the most recent calendar year for which data is available. (e)  Redistribution of Unobligated Amounts The Secretary shall (1) withdraw amounts allocated to an eligible entity under subsection (c) that remain unobligated by the end of the third fiscal year following the fiscal year for which the amounts were allocated; and (2) in the subsequent fiscal year, redistribute the amounts referred to in paragraph (1) in accordance with the formula under subsection (d) among eligible entities for which no amounts were withdrawn under paragraph (1). (f)  Minimum Amount Notwithstanding subsection (c), a State with an eligible entity that meets the requirements of this section shall receive not less than $100,000 under this section for a fiscal year. (g)  Implementation. (1)  Data collection. (A)  National ferry database Amounts made available for a fiscal year under this section shall be allocated using the most recent data available, as collected and imputed in accordance with the national ferry database established under section 1801(e) of SAFETEALU ( 23 U.S.C. 129 (B)  Eligibility for funding To be eligible to receive funds under subsection (c), data shall have been submitted in the most recent collection of data for the national ferry database under section 1801(e) of SAFETEALU ( 23 U.S.C. 129 (2)  Adjustments On review of the data submitted under paragraph (1)(B), the Secretary may make adjustments to the data as the Secretary determines necessary to correct misreported or inconsistent data. (h)  Authorization of Appropriations There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section (1) $110,000,000 for fiscal year 2022; (2) $112,000,000 for fiscal year 2023; (3) $114,000,000 for fiscal year 2024; (4) $116,000,000 for fiscal year 2025; and (5) $118,000,000 for fiscal year 2026. (i)  Period of Availability Notwithstanding section 118(b), funds made available to carry out this section shall remain available until expended. (j)  Applicability All provisions of this chapter that are applicable to the National Highway System, other than provisions relating to apportionment formula and Federal share, shall apply to funds made available to carry out this section, except as determined by the Secretary to be inconsistent with this section. (k)  Additional Uses Notwithstanding any other provision of law, in addition to other uses of funds under this section, an eligible entity may use amounts made available under this section to pay the operating costs of the eligible entity. (Added Pub. L. 9387, title I,  126(a) Aug. 13, 1973 87 Stat. 263 Pub. L. 94280, title I,  130 May 5, 1976 90 Stat. 440 Pub. L. 105178, title I,  1212(a)(2)(A)(i) June 9, 1998 112 Stat. 193 Pub. L. 10959, title I,  1801(a) Aug. 10, 2005 119 Stat. 1455 Pub. L. 112141, div. A, title I,  1121(a) July 6, 2012 126 Stat. 493 Pub. L. 11494, div. A, title I,  1112(a) Dec. 4, 2015 129 Stat. 1345 Pub. L. 11758, div. A, title I,  11121 Nov. 15, 2021 135 Stat. 497  Editorial Notes Amendments 2021Subsec. (h). Pub. L. 11758,  11121 Subsec. (k). Pub. L. 11758,  71103(g)(1) 2015Subsec. (a). Pub. L. 11494,  1112(a)(1) Subsecs. (d) to (j). Pub. L. 11494,  1112(a)(2) 2012Subsecs. (c) to (g). Pub. L. 112141 2005 Pub. L. 10959 1998Subsec. (a). Pub. L. 105178 1976Subsec. (b). Pub. L. 94280 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by section 11121 of Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Diesel Fuel Ferry Vessels Pub. L. 11758, div. A, title I,  11117(b) Nov. 15, 2021 135 Stat. 483  (1)  In general Notwithstanding section 147(b) [probably means section 147(b) of title 23 (2)  Sunset The authority provided by paragraph (1) shall terminate on September 30, 2025 Electric or Low-Emitting Ferry Pilot Program Pub. L. 11758, div. G, title XI,  71102 Nov. 15, 2021 135 Stat. 1325  (a)  Definitions In this section: (1)  Alternative fuel The term alternative fuel means (A) methanol, denatured ethanol, and other alcohols; (B) a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels; (C) natural gas; (D) liquefied petroleum gas; (E) hydrogen; (F) fuels (except alcohol) derived from biological materials; (G) electricity (including electricity from solar energy); and (H) any other fuel the Secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits. (2)  Electric or low-emitting ferry The term electric or low-emitting ferry means a ferry that reduces emissions by utilizing alternative fuels or onboard energy storage systems and related charging infrastructure to reduce emissions or produce zero onboard emissions under normal operation. (3)  Secretary The term Secretary means the Secretary of Transportation. (b)  Establishment The Secretary shall carry out a pilot program to provide grants for the purchase of electric or low-emitting ferries and the electrification of or other reduction of emissions from existing ferries. (c)  Requirement In carrying out the pilot program under this section, the Secretary shall ensure that (1) not less than 1 grant under this section shall be for a ferry service that serves the State with the largest number of Marine Highway System miles; and (2) not less than 1 grant under this section shall be for a bi-State ferry service (A) with an aging fleet; and (B) whose development of zero and low emission power source ferries will propose to advance the state of the technology toward increasing the range and capacity of zero emission power source ferries. (d)  Authorization of Appropriations There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 through 2026. Ferry Service for Rural Communities Pub. L. 11758, div. G, title XI,  71103 Nov. 15, 2021 135 Stat. 1326  (a)  Definitions In this section: (1)  Basic essential ferry service The term basic essential ferry service means scheduled ferry transportation service. (2)  Eligible service The term eligible service means a ferry service that (A) operated a regular schedule at any time during the 5-year period ending on March 1, 2020 (B) served not less than 2 rural areas located more than 50 sailing miles apart. (3)  Rural area The term rural area has the meaning given the term in section 5302 of title 49 (4)  Secretary The term Secretary means the Secretary of Transportation. (b)  Establishment The Secretary shall establish a program to ensure that basic essential ferry service is provided to rural areas by providing funds to States to provide such basic essential ferry service. (c)  Program Criteria The Secretary shall establish requirements and criteria for participation in the program under this section, including requirements for the provision of funds to States. (d)  Waivers The Secretary shall establish criteria for the waiver of any requirement under this section. (e)  Treatment. (1)  Not attributable to urbanized areas An eligible service that receives funds from a State under this section shall not be attributed to an urbanized area for purposes of apportioning funds under chapter 53 of title 49, United States Code. (2)  No receipt of certain apportioned funds An eligible service that receives funds from a State under this section shall not receive funds apportioned under section 5336 or 5337 of title 49, United States Code, in the same fiscal year. (f)  Funding There is authorized to be appropriated to the Secretary to carry out this section $200,000,000 for each of fiscal years 2022 through 2026. (g)  Operating Costs. (1) [Amended this section.] (2) [Amended section 218 of this title  Authorization of Appropriations Pub. L. 10959, title I,  1801(d) Aug. 10, 2005 119 Stat. 1456 In addition to amounts made available to carry out section 147 of title 23 119 Stat. 1153  148. Highway safety improvement program (a)  Definitions In this section, the following definitions apply: (1)  High risk rural road The term high risk rural road means any roadway functionally classified as a rural major or minor collector or a rural local road with significant safety risks, as defined by a State in accordance with an updated State strategic highway safety plan. (2)  Highway basemap The term highway basemap means a representation of all public roads that can be used to geolocate attribute data on a roadway. (3)  Highway safety improvement program The term highway safety improvement program means projects, activities, plans, and reports carried out under this section. (4)  Highway safety improvement project. (A)  In general The term highway safety improvement project means strategies, activities, and projects on a public road that are consistent with a State strategic highway safety plan and (i) correct or improve a hazardous road location or feature; or (ii) address a highway safety problem. (B)  Inclusions The term highway safety improvement project only includes a project for 1 or more of the following: (i) An intersection safety improvement that provides for the safety of all road users, as appropriate, including a multimodal roundabout. (ii) Pavement and shoulder widening (including addition of a passing lane to remedy an unsafe condition). (iii) Installation of rumble strips or another warning device, if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists and pedestrians, including persons with disabilities. (iv) Installation of a skid-resistant surface at an intersection or other location with a high frequency of crashes. (v) An improvement for pedestrian or bicyclist safety or safety of persons with disabilities. (vi) Construction and improvement of a railway-highway grade crossing safety feature, including installation of protective devices or a grade separation project. (vii) The conduct of a model traffic enforcement activity at a railway-highway crossing. (viii) Construction or installation of features, measures, and road designs to calm traffic and reduce vehicle speeds. (ix) Elimination of a roadside hazard. (x) Installation, replacement, and other improvement of highway signage and pavement markings, or a project to maintain minimum levels of retroreflectivity, that addresses a highway safety problem consistent with a State strategic highway safety plan. (xi) Installation of a priority control system for emergency vehicles at signalized intersections. (xii) Installation of a traffic control or other warning device at a location with high crash potential. (xiii) Transportation safety planning. (xiv) Collection, analysis, and improvement of safety data. (xv) Planning integrated interoperable emergency communications equipment, operational activities, or traffic enforcement activities (including police assistance) relating to work zone safety. (xvi) Installation of guardrails, barriers (including barriers between construction work zones and traffic lanes for the safety of road users and workers), and crash attenuators. (xvii) The addition or retrofitting of structures or other measures to eliminate or reduce crashes involving vehicles and wildlife. (xviii) Installation of yellow-green signs and signals at pedestrian and bicycle crossings and in school zones. (xix) Construction and operational improvements on high risk rural roads. (xx) Geometric improvements to a road for safety purposes that improve safety. (xxi) A road safety audit. (xxii) Roadway safety infrastructure improvements consistent with the recommendations included in the publication of the Federal Highway Administration entitled Highway Design Handbook for Older Drivers and Pedestrians (FHWARD01103), dated May 2001 or as subsequently revised and updated. (xxiii) Truck parking facilities eligible for funding under section 1401 of the MAP21. (xxiv) Systemic safety improvements. (xxv) Installation of vehicle-to-infrastructure communication equipment. (xxvi) Installation or upgrades of traffic control devices for pedestrians and bicyclists, including pedestrian hybrid beacons and the addition of bicycle movement phases to traffic signals. (xxvii) Roadway improvements that provide separation between pedestrians and motor vehicles or between bicyclists and motor vehicles, including medians, pedestrian crossing islands, protected bike lanes, and protected intersection features. (xxviii) A pedestrian security feature designed to slow or stop a motor vehicle. (xxix) A physical infrastructure safety project not described in clauses (i) through (xxviii). (5)  Model inventory of roadway elements The term model inventory of roadway elements means the listing and standardized coding by the Federal Highway Administration of roadway and traffic data elements critical to safety management, analysis, and decisionmaking. (6)  Project to maintain minimum levels of retroreflectivity The term project to maintain minimum levels of retroreflectivity means a project that is designed to maintain a highway sign or pavement marking retroreflectivity at or above the minimum levels prescribed in Federal or State regulations. (7)  Road safety audit The term road safety audit means a formal safety performance examination of an existing or future road or intersection by an independent multidisciplinary audit team. (8)  Road users The term road user means a motorist, passenger, public transportation operator or user, truck driver, bicyclist, motorcyclist, or pedestrian, including a person with disabilities. (9)  Safe system approach The term safe system approach means a roadway design (A) that emphasizes minimizing the risk of injury or fatality to road users; and (B) that (i) takes into consideration the possibility and likelihood of human error; (ii) accommodates human injury tolerance by taking into consideration likely accident types, resulting impact forces, and the ability of the human body to withstand impact forces; and (iii) takes into consideration vulnerable road users. (10)  Safety data. (A)  In general The term safety data means crash, roadway, and traffic data on a public road. (B)  Inclusion The term safety data includes, in the case of a railway-highway grade crossing, the characteristics of highway and train traffic, licensing, and vehicle data. (11)  Specified safety project. (A)  In general The term specified safety project means a project carried out for the purpose of safety under any other section of this title that is consistent with the State strategic highway safety plan. (B)  Inclusion The term specified safety project includes a project that (i) promotes public awareness and informs the public regarding highway safety matters (including safety for motorcyclists, bicyclists, pedestrians, individuals with disabilities, and other road users); (ii) facilitates enforcement of traffic safety laws; (iii) provides infrastructure and infrastructure-related equipment to support emergency services; (iv) conducts safety-related research to evaluate experimental safety countermeasures or equipment; or (v) supports safe routes to school noninfrastructure-related activities described in section 208(g)(2). (12)  State highway safety improvement program The term State highway safety improvement program means a program of highway safety improvement projects, activities, plans and reports carried out as part of the Statewide transportation improvement program under section 135(g). (13)  State strategic highway safety plan The term State strategic highway safety plan means a comprehensive plan, based on safety data, developed by a State transportation department that (A) is developed after consultation with (i) a highway safety representative of the Governor of the State; (ii) regional transportation planning organizations and metropolitan planning organizations, if any; (iii) representatives of major modes of transportation; (iv) State and local traffic enforcement officials; (v) a highway-rail grade crossing safety representative of the Governor of the State; (vi) representatives conducting a motor carrier safety program under section 31102, 31106, or 31309 of title 49; (vii) motor vehicle administration agencies; (viii) county transportation officials; (ix) State representatives of nonmotorized users; and (x) other major Federal, State, tribal, and local safety stakeholders; (B) analyzes and makes effective use of State, regional, local, or tribal safety data; (C) addresses engineering, management, operation, education, enforcement, and emergency services elements (including integrated, interoperable emergency communications) of highway safety as key factors in evaluating highway projects; (D) considers safety needs of, and high-fatality segments of, all public roads, including non-State-owned public roads and roads on tribal land; (E) considers the results of State, regional, or local transportation and highway safety planning processes; (F) describes a program of strategies to reduce or eliminate safety hazards; (G) includes a vulnerable road user safety assessment; (H) is approved by the Governor of the State or a responsible State agency; (I) is consistent with section 135(g); and (J) is updated and submitted to the Secretary for approval as required under subsection (d)(2). (14)  Systemic safety improvement The term systemic safety improvement means an improvement that is widely implemented based on high-risk roadway features that are correlated with particular crash types, rather than crash frequency. (15)  Vulnerable road user The term vulnerable road user means a nonmotorist (A) with a fatality analysis reporting system person attribute code that is included in the definition of the term number of non-motorized fatalities in section 490.205 of title 23, Code of Federal Regulations (or successor regulations); or (B) described in the term number of non-motorized serious injuries in that section. (16)  Vulnerable road user safety assessment The term vulnerable road user safety assessment means an assessment of the safety performance of the State with respect to vulnerable road users and the plan of the State to improve the safety of vulnerable road users as described in subsection ( l (b)  Program. (1)  In general The Secretary shall carry out a highway safety improvement program. (2)  Purpose The purpose of the highway safety improvement program shall be to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land. (c)  Eligibility. (1)  In general To obligate funds apportioned under section 104(b)(3) to carry out this section, a State shall have in effect a State highway safety improvement program under which the State (A) develops, implements, and updates a State strategic highway safety plan that identifies and analyzes highway safety problems and opportunities as provided in subsections (a)(13) and (d); (B) produces a program of projects or strategies to reduce identified safety problems; and (C) evaluates the strategic highway safety plan on a regularly recurring basis in accordance with subsection (d)(1) to ensure the accuracy of the data and priority of proposed strategies. (2)  Identification and analysis of highway safety problems and opportunities As part of the State highway safety improvement program, a State shall (A) have in place a safety data system with the ability to perform safety problem identification and countermeasure analysis (i) to improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the safety data on all public roads, including non-State-owned public roads and roads on tribal land in the State; (ii) to evaluate the effectiveness of data improvement efforts; (iii) to link State data systems, including traffic records, with other data systems within the State; (iv) to improve the compatibility and interoperability of safety data with other State transportation-related data systems and the compatibility and interoperability of State safety data systems with data systems of other States and national data systems; (v) to enhance the ability of the Secretary to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances; and (vi) to improve the collection of data on nonmotorized crashes and to differentiate the safety data for vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users; (B) based on the analysis required by subparagraph (A) (i) identify hazardous locations, sections, and elements (including roadside obstacles, railway-highway crossing needs, and unmarked or poorly marked roads) that constitute a danger to motorists, vulnerable road users (including motorcyclists, bicyclists, pedestrians), and other highway users; (ii) using such criteria as the State determines to be appropriate, establish the relative severity of those locations, in terms of crashes (including crash rates), fatalities, serious injuries, traffic volume levels, and other relevant data; (iii) identify the number of fatalities and serious injuries on all public roads by location in the State; (iv) identify highway safety improvement projects on the basis of crash experience, crash potential, crash rate, or other data-supported means; and (v) consider which projects maximize opportunities to advance safety; (C) adopt strategic and performance-based goals that (i) address traffic safety, including behavioral and infrastructure problems and opportunities on all public roads; (ii) focus resources on areas of greatest need; and (iii) are coordinated with other State highway safety programs; (D) advance the capabilities of the State for safety data collection, analysis, and integration in a manner that (i) complements the State highway safety program under chapter 4 and the commercial vehicle safety plan under section 31102 of title 49 (ii) includes all public roads, including public non-State-owned roads and roads on tribal land; (iii) identifies hazardous locations, sections, and elements on all public roads that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, persons with disabilities, and other highway users; (iv) includes a means of identifying the relative severity of hazardous locations described in clause (iii) in terms of crashes (including crash rate), serious injuries, fatalities, and traffic volume levels; (v) improves the ability of the State to identify the number of fatalities and serious injuries on all public roads in the State with a breakdown by functional classification and ownership in the State; and (vi) improves the ability of the State to differentiate the fatalities and serious injuries of vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users; (E) (i) determine priorities for the correction of hazardous road locations, sections, and elements (including railway-highway crossing improvements), as identified through safety data analysis; (ii) identify opportunities for preventing the development of such hazardous conditions; and (iii) establish and implement a schedule of highway safety improvement projects for hazard correction and hazard prevention; and (F) (i) establish an evaluation process to analyze and assess results achieved by highway safety improvement projects carried out in accordance with procedures and criteria established by this section; and (ii) use the information obtained under clause (i) in setting priorities for highway safety improvement projects. (d)  Updates to Strategic Highway Safety Plans. (1)  Establishment of requirements. (A)  In general Not later than 1 year after the date of enactment of the MAP21, the Secretary shall establish requirements for regularly recurring State updates of strategic highway safety plans. (B)  Contents of updated strategic highway safety plans In establishing requirements under this subsection, the Secretary shall ensure that States take into consideration, with respect to updated strategic highway safety plans (i) the findings of road safety audits; (ii) the locations of fatalities and serious injuries; (iii) the locations that do not have an empirical history of fatalities and serious injuries, but possess risk factors for potential crashes; (iv) rural roads, including all public roads, commensurate with fatality data; (v) motor vehicle crashes that include fatalities or serious injuries to pedestrians and bicyclists; (vi) the cost-effectiveness of improvements; (vii) improvements to rail-highway grade crossings; and (viii) safety on all public roads, including non-State-owned public roads and roads on tribal land. (2)  Approval of updated strategic highway safety plans. (A)  In general Each State shall (i) update the strategic highway safety plans of the State in accordance with the requirements established by the Secretary under this subsection; and (ii) submit the updated plans to the Secretary, along with a detailed description of the process used to update the plan. (B)  Requirements for approval The Secretary shall not approve the process for an updated strategic highway safety plan unless (i) the updated strategic highway safety plan is consistent with the requirements of this subsection and subsection (a)(13); and (ii) the process used is consistent with the requirements of this subsection. (3)  Penalty for failure to have an approved updated strategic highway safety plan If a State does not have an updated strategic highway safety plan with a process approved by the Secretary by August 1 of the fiscal year beginning after the date of establishment of the requirements under paragraph (1), the State shall not be eligible to receive any additional limitation pursuant to the redistribution of the limitation on obligations for Federal-aid highway and highway safety construction programs that occurs after August 1 for each succeeding fiscal year until the fiscal year during which the plan is approved. (e)  Eligible Projects. (1)  In general Funds apportioned to the State under section 104(b)(3) may be obligated to carry out (A) any highway safety improvement project on any public road or publicly owned bicycle or pedestrian pathway or trail; (B) as provided in subsection (g); or (C) any project to maintain minimum levels of retroreflectivity with respect to a public road, without regard to whether the project is included in an applicable State strategic highway safety plan. (2)  Use of other funding for safety. (A)  Effect of section Nothing in this section prohibits the use of funds made available under other provisions of this title for highway safety improvement projects. (B)  Use of other funds States are encouraged to address the full scope of the safety needs and opportunities of the States by using funds made available under other provisions of this title (except a provision that specifically prohibits that use). (3)  Flexible funding for specified safety projects. (A)  In general To advance the implementation of a State strategic highway safety plan, a State may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(3) for a fiscal year to carry out specified safety projects. (B)  Rule of construction Nothing in this paragraph requires a State to revise any State process, plan, or program in effect on the date of enactment of this paragraph. (C)  Effect of paragraph. (i)  Requirements A project carried out under this paragraph shall be subject to all requirements under this section that apply to a highway safety improvement project. (ii)  Other apportioned programs Nothing in this paragraph prohibits the use of funds made available under other provisions of this title for a specified safety project that is a noninfrastructure project. (f)  Data Improvement. (1)  Definition of data improvement activities In this subsection, the following definitions apply: (A)  In general The term data improvement activities means a project or activity to further the capacity of a State to make more informed and effective safety infrastructure investment decisions. (B)  Inclusions The term data improvement activities includes a project or activity (i) to create, update, or enhance a highway basemap of all public roads in a State; (ii) to collect safety data, including data identified as part of the model inventory for roadway elements, for creation of or use on a highway basemap of all public roads in a State; (iii) to store and maintain safety data in an electronic manner; (iv) to develop analytical processes for safety data elements; (v) to acquire and implement roadway safety analysis tools; and (vi) to support the collection, maintenance, and sharing of safety data on all public roads and related systems associated with the analytical usage of that data. (2)  Model inventory of roadway elements The Secretary shall (A) establish a subset of the model inventory of roadway elements that are useful for the inventory of roadway safety; and (B) ensure that States adopt and use the subset to improve data collection. (g)  Special Rules. (1)  High-risk rural road safety If the fatality rate on rural roads in a State increases over the most recent 2-year period for which data are available, that State shall be required to obligate in the next fiscal year for projects on high risk rural roads an amount equal to at least 200 percent of the amount of funds the State received for fiscal year 2009 for high risk rural roads under subsection (f) of this section, as in effect on the day before the date of enactment of the MAP21. (2)  Older drivers If traffic fatalities and serious injuries per capita for drivers and pedestrians over the age of 65 in a State increases during the most recent 2-year period for which data are available, that State shall be required to include, in the subsequent Strategic Highway Safety Plan of the State, strategies to address the increases in those rates, taking into account the recommendations included in the publication of the Federal Highway Administration entitled Highway Design Handbook for Older Drivers and Pedestrians (FHWARD01103), and dated May 2001, or as subsequently revised and updated. (3)  Vulnerable road user safety If the total annual fatalities of vulnerable road users in a State represents not less than 15 percent of the total annual crash fatalities in the State, that State shall be required to obligate not less than 15 percent of the amounts apportioned to the State under section 104(b)(3) for the following fiscal year for highway safety improvement projects to address the safety of vulnerable road users. (h)  Reports. (1)  In general A State shall submit to the Secretary a report that (A) describes progress being made to implement highway safety improvement projects under this section; (B) assesses the effectiveness of those improvements; and (C) describes the extent to which the improvements funded under this section have contributed to reducing (i) the number and rate of fatalities on all public roads with, to the maximum extent practicable, a breakdown by functional classification and ownership in the State; (ii) the number and rate of serious injuries on all public roads with, to the maximum extent practicable, a breakdown by functional classification and ownership in the State; and (iii) the occurrences of fatalities and serious injuries at railway-highway crossings. (2)  Contents; schedule The Secretary shall establish the content and schedule for the submission of the report under paragraph (1). (3)  Transparency The Secretary shall make strategic highway safety plans submitted under subsection (d) and reports submitted under this subsection available to the public through (A) the website of the Department; and (B) such other means as the Secretary determines to be appropriate. (4)  Discovery and admission into evidence of certain reports, surveys, and information Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for any purpose relating to this section, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location identified or addressed in the reports, surveys, schedules, lists, or other data. (i)  State Performance Targets If the Secretary determines that a State has not met or made significant progress toward meeting the safety performance targets of the State established under section 150(d), the State shall (1) use obligation authority equal to the apportionment of the State for the prior year under section 104(b)(3) only for highway safety improvement projects under this section until the Secretary determines that the State has met or made significant progress toward meeting the safety performance targets of the State; and (2) submit annually to the Secretary, until the Secretary determines that the State has met or made significant progress toward meeting the safety performance targets of the State, an implementation plan that (A) identifies roadway features that constitute a hazard to road users; (B) identifies highway safety improvement projects on the basis of crash experience, crash potential, or other data-supported means; (C) describes how highway safety improvement program funds will be allocated, including projects, activities, and strategies to be implemented; (D) describes how the proposed projects, activities, and strategies funded under the State highway safety improvement program will allow the State to make progress toward achieving the safety performance targets of the State; and (E) describes the actions the State will undertake to meet the safety performance targets of the State. (j)  Federal Share of Highway Safety Improvement Projects Except as provided in sections 120 and 130, the Federal share of the cost of a highway safety improvement project carried out with funds apportioned to a State under section 104(b)(3) shall be 90 percent. (k)  Data Collection on Unpaved Public Roads. (1)  In general A State may elect not to collect fundamental data elements for the model inventory of roadway elements on public roads that are gravel roads or otherwise unpaved if (A) the State does not use funds provided to carry out this section for a project on any such roads until the State completes a collection of the required model inventory of roadway elements for the applicable road segment; and (B) the State demonstrates that the State consulted with affected Indian tribes before ceasing to collect data with respect to such roads that are included in the National Tribal Transportation Facility Inventory under section 202(b)(1) of this title (2)  Rule of construction Nothing in this subsection may be construed to allow a State to cease data collection related to serious injuries or fatalities. (l)  Vulnerable Road User Safety Assessment. (1)  In general Not later than 2 years after the date of enactment of this subsection, each State shall complete a vulnerable road user safety assessment. (2)  Contents A vulnerable road user safety assessment under paragraph (1) shall include (A) a quantitative analysis of vulnerable road user fatalities and serious injuries that (i) includes data such as location, roadway functional classification, design speed, speed limit, and time of day; (ii) considers the demographics of the locations of fatalities and serious injuries, including race, ethnicity, income, and age; and (iii) based on the data, identifies areas as high-risk to vulnerable road users; and (B) a program of projects or strategies to reduce safety risks to vulnerable road users in areas identified as high-risk under subparagraph (A)(iii). (3)  Use of data In carrying out a vulnerable road user safety assessment under paragraph (1), a State shall use data from the most recent 5-year period for which data is available. (4)  Requirements In carrying out a vulnerable road user safety assessment under paragraph (1), a State shall (A) take into consideration a safe system approach; and (B) consult with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(A)(iii). (5)  Update A State shall update the vulnerable road user safety assessment of the State in accordance with the updates required to the State strategic highway safety plan under subsection (d). (6)  Requirement for transportation system access The program of projects developed under paragraph (2)(B) may not degrade transportation system access for vulnerable road users. (7)  Guidance. (A)  In general Not later than 1 year after the date of enactment of this subsection, the Secretary shall develop guidance for States to carry out this subsection. (B)  Consultation In developing the guidance under this paragraph, the Secretary shall consult with the States and relevant safety stakeholders. (Added Pub. L. 9387, title I,  129(b) Aug. 13, 1973 87 Stat. 265 Pub. L. 95599, title I Nov. 6, 1978 92 Stat. 2705 Pub. L. 10959, title I,  1401(a)(1) Aug. 10, 2005 119 Stat. 1219 Pub. L. 112141, div. A, title I,  1112(a) July 6, 2012 126 Stat. 450 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1347 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 475  Editorial Notes  References in Text Section 1401 of the MAP21, referred to in subsec. (a)(4)(B)(xxiii), is section 1401 of Pub. L. 112141 section 137 of this title The date of enactment of the MAP21, referred to in subsecs. (d)(1)(A) and (g)(1), is deemed to be Oct. 1, 2012 Pub. L. 112141 section 101 of this title Pub. L. 112141 The date of enactment of this paragraph and the date of enactment of this subsection, referred to in subsecs. (e)(3)(B) and ( l Pub. L. 11758 Nov. 15, 2021 Amendments 2021Subsec. (a)(4)(B)(i). Pub. L. 11758,  11111(a)(1)(A)(i) Subsec. (a)(4)(B)(vi). Pub. L. 11758,  11111(a)(1)(A)(ii) Subsec. (a)(4)(B)(viii). Pub. L. 11758,  11111(a)(1)(A)(iii) Subsec. (a)(4)(B)(xxvi). Pub. L. 11758,  11111(a)(1)(A)(iv) Subsec. (a)(4)(B)(xxvii) to (xxix). Pub. L. 11758,  11111(a)(1)(A)(v) (xxvii) Roadway improvements that provide separation between pedestrians and motor vehicles, including medians and pedestrian crossing islands. (xxviii) A physical infrastructure safety project not described in clauses (i) through (xxvii). Subsec. (a)(9) to (13). Pub. L. 11758,  11111(a)(1)(B) Subsec. (a)(13)(G) to (J). Pub. L. 11758,  11111(a)(1)(E) Subsec. (a)(14). Pub. L. 11758,  11111(a)(1)(B) Subsec. (a)(15), (16). Pub. L. 11758,  11111(a)(1)(F) Subsec. (c)(1)(A). Pub. L. 11758,  11111(a)(2)(A) Subsec. (c)(2)(A)(vi). Pub. L. 11758,  11111(a)(2)(B)(i) Subsec. (c)(2)(B)(i). Pub. L. 11758,  11111(a)(2)(B)(ii) Subsec. (c)(2)(D)(vi). Pub. L. 11758,  11111(a)(2)(B)(iii) Subsec. (d)(2)(B)(i). Pub. L. 11758,  11111(a)(3) Subsec. (e)(3). Pub. L. 11758,  11111(a)(4) Subsec. (g)(3). Pub. L. 11758,  11111(a)(5) Subsec. (i)(2)(D). Pub. L. 11758,  11525(j) Subsec. ( l Pub. L. 11758,  11111(a)(6) l 2015Subsec. (a)(4)(B). Pub. L. 11494,  1113(a)(1)(A)(i) Subsec. (a)(4)(B)(xxv) to (xxviii). Pub. L. 11494,  1113(a)(1)(A)(ii) Subsec. (a)(10) to (13). Pub. L. 11494,  1113(a)(1)(B) (A) In general (B) Inclusion (i) a project consistent with the State strategic highway safety plan that promotes the awareness of the public and educates the public concerning highway safety matters (including motorcycle safety); (ii) a project to enforce highway safety laws; and (iii) a project to provide infrastructure and infrastructure-related equipment to support emergency services. Subsec. (c)(1)(A). Pub. L. 11494,  1113(a)(2) Subsec. (d)(2)(B)(i). Pub. L. 11494,  1113(a)(3) Subsec. (i). Pub. L. 11494,  1406(b)(1) Subsec. (i)(1), (2). Pub. L. 11494,  1406(b)(2) Subsec. (k). Pub. L. 11494,  1113(a)(4) 2012 Pub. L. 112141 2005 Pub. L. 10959 1978Subsec. (a)(5). Pub. L. 95599,  125(b) Subsec. (e). Pub. L. 95599,  129(d) Subsec. (h). Pub. L. 95599,  125(a) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1978 Amendment Amendment by section 129(d) of Pub. L. 95599 Nov. 6, 1978 section 129(h) of Pub. L. 95599 section 120 of this title Vulnerable Road User Research Pub. L. 11758, div. A, title I,  11122 Nov. 15, 2021 135 Stat. 497  (a)  Definitions In this subsection [probably means this section]: (1)  Administrator The term Administrator means the Secretary [of Transportation], acting through the Administrator of the Federal Highway Administration. (2)  Vulnerable road user The term vulnerable road user has the meaning given the term in section 148(a) of title 23 (b)  Establishment of Research Plan The Administrator shall establish a research plan to prioritize research on roadway designs, the development of safety countermeasures to minimize fatalities and serious injuries to vulnerable road users, and the promotion of bicycling and walking, including research relating to (1) roadway safety improvements, including traffic calming techniques and vulnerable road user accommodations appropriate in a suburban arterial context; (2) the impacts of traffic speeds, and access to low-traffic stress corridors, on safety and rates of bicycling and walking; (3) tools to evaluate the impact of transportation improvements on projected rates and safety of bicycling and walking; and (4) other research areas to be determined by the Administrator. (c)  Vulnerable Road User Assessments The Administrator shall (1) review each vulnerable road user safety assessment submitted by a State under section 148( l (2) in the first progress update under subsection (d)(2), provide (A) the results of the determination described in paragraph (1); and (B) the recommendations of the Secretary with respect to the collection and reporting of data on the safety of vulnerable road users. (d)  Submission; Publication. (1)  Submission of plan Not later than 180 days after the date of enactment of this Act [ Nov. 15, 2021 (2)  Progress updates Not later than 2 years after the date of enactment of this Act, and biannually thereafter, the Administrator shall submit to the Committees described in paragraph (1) (A) updates on the progress and findings of the research conducted pursuant to the plan described in subsection (b); and (B) in the first submission under this paragraph, the results and recommendations described in subsection (c)(2). Stopping Threats on Pedestrians Pub. L. 11758, div. A, title I,  11502 Nov. 15, 2021 135 Stat. 578  (a)  Definition of Bollard Installation Project In this section, the term bollard installation project means a project to install raised concrete or metal posts on a sidewalk adjacent to a roadway that are designed to slow or stop a motor vehicle. (b)  Establishment Not later than 1 year after the date of enactment of this Act [ Nov. 15, 2021 (c)  Application To be eligible to receive a grant under this section, a State department of transportation or local government entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary determines to be appropriate, which shall include, at a minimum (1) a description of the proposed bollard installation project to be carried out; (2) a description of the pedestrian injury or terrorism risks with respect to the proposed installation area; and (3) an analysis of how the proposed bollard installation project will mitigate those risks. (d)  Use of Funds A recipient of a grant under this section may only use the grant funds for a bollard installation project. (e)  Federal Share The Federal share of the costs of a bollard installation project carried out with a grant under this section may be up to 100 percent. (f)  Authorization of Appropriations There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 2022 through 2026. (g)  Treatment of Projects Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code. Study of High-risk Rural Roads Best Practices Pub. L. 11758, div. A, title I,  11111(b) Nov. 15, 2021 135 Stat. 478  (1)  Study Not later than 2 years after the date of enactment of this Act [ Nov. 15, 2021 23 U.S.C. 148 Public Law 112141 (2)  Publication of report Not later than 2 years after the date of enactment of this Act, the Secretary shall publish on the website of the Department of Transportation an update to the report described in section 1112(b)(2) of MAP21 ( 23 U.S.C. 148 Public Law 112141 (3)  Best practices manual Not later than 180 days after the date on which the report is published under paragraph (2), the Secretary shall update the best practices manual described in section 1112(b)(3) of MAP21 ( 23 U.S.C. 148 Public Law 112141 Pub. L. 112141, div. A, title I,  1112(b) July 6, 2012 126 Stat. 459  (1)  Study. (A)  In general The Secretary [of Transportation] shall conduct a study of the best practices for implementing cost-effective roadway safety infrastructure improvements on high-risk rural roads. (B)  Methodology In carrying out the study, the Secretary shall (i) conduct a thorough literature review; (ii) survey current practices of State departments of transportation; and (iii) survey current practices of local units of government, as appropriate. (C)  Consultation In carrying out the study, the Secretary shall consult with (i) State departments of transportation; (ii) county engineers and public works professionals; (iii) appropriate local officials; and (iv) appropriate private sector experts in the field of roadway safety infrastructure. (2)  Report. (A)  In general Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112141 section 101 of this title (B)  Contents The report shall include (i) a summary of cost-effective roadway safety infrastructure improvements; (ii) a summary of the latest research on the financial savings and reduction in fatalities and serious bodily injury crashes from the implementation of cost-effective roadway safety infrastructure improvements; and (iii) recommendations for State and local governments on best practice methods to install cost-effective roadway safety infrastructure on high-risk rural roads. (3)  Manual. (A)  Development Based on the results of the study under paragraph (2), the Secretary, in consultation with the individuals and entities described in paragraph (1)(C), shall develop a best practices manual to support Federal, State, and local efforts to reduce fatalities and serious bodily injury crashes on high-risk rural roads through the use of cost-effective roadway safety infrastructure improvements. (B)  Availability The manual shall be made available to State and local governments not later than 180 days after the date of submission of the report under paragraph (2). (C)  Contents The manual shall include, at a minimum, a list of cost-effective roadway safety infrastructure improvements and best practices on the installation of cost-effective roadway safety infrastructure improvements on high-risk rural roads. (D)  Use of manual Use of the manual shall be voluntary and the manual shall not establish any binding standards or legal duties on State or local governments, or any other person. Transition Pub. L. 10959, title I,  1401(d) Aug. 10, 2005 119 Stat. 1227 Pub. L. 110244, title I,  101(s)(1) June 6, 2008 122 Stat. 1577 Aug. 10, 2005  149. Congestion mitigation and air quality improvement program (a)  Establishment The Secretary shall establish and implement a congestion mitigation and air quality improvement program in accordance with this section. (b)  Eligible Projects Except as provided in subsections (d) and (m)(1)(B)(ii), a State may obligate funds apportioned to it under section 104(b)(4) for the congestion mitigation and air quality improvement program only for a transportation project or program if the project or program is for an area in the State that is or was designated as a nonattainment area for ozone, carbon monoxide, or particulate matter under section 107(d) of the Clean Air Act ( 42 U.S.C. 7407(d) 42 U.S.C. 7511(a) December 31, 1997 42 U.S.C. 7401 (1) (A) (i) if the Secretary, after consultation with the Administrator determines, on the basis of information published by the Environmental Protection Agency pursuant to section 108(f)(1)(A) of the Clean Air Act (other than clause (xvi)) that the project or program is likely to contribute to (I) the attainment of a national ambient air quality standard in the designated nonattainment area; or (II) the maintenance of a national ambient air quality standard in a maintenance area; and (ii) a high level of effectiveness in reducing air pollution, in cases of projects or programs where sufficient information is available in the database established pursuant to subsection (h) to determine the relative effectiveness of such projects or programs; or, (B) in any case in which such information is not available, if the Secretary, after such consultation, determines that the project or program is part of a program, method, or strategy described in such section 108(f)(1)(A); (2) if the project or program is included in a State implementation plan that has been approved pursuant to the Clean Air Act and the project will have air quality benefits; (3) the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines that the project or program is likely to contribute to the attainment or maintenance of a national ambient air quality standard, whether through reductions in vehicle miles traveled, fuel consumption, or through other factors; (4) to establish or operate a traffic monitoring, management, and control facility or program, including advanced truck stop electrification systems, if the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines that the facility or program is likely to contribute to the attainment or maintenance in the area of a national ambient air quality standard; (5) if the program or project improves traffic flow, including projects to improve signalization, construct high occupancy vehicle lanes, improve intersections, add turning lanes, improve transportation systems management and operations that mitigate congestion and improve air quality, and implement intelligent transportation system strategies and such other projects that are eligible for assistance under this section on the day before the date of enactment of this paragraph, including programs or projects to improve incident and emergency response or improve mobility, such as through real-time traffic, transit, and multimodal traveler information; (6) if the project or program involves the purchase of integrated, interoperable emergency communications equipment; (7) if the project or program shifts traffic demand to nonpeak hours or other transportation modes, increases vehicle occupancy rates, or otherwise reduces demand for roads through such means as telecommuting, ridesharing, carsharing, shared micromobility (including bikesharing and shared scooter systems), alternative work hours, and pricing; (8) if the project or program is for (A) the purchase of diesel replacements or retrofits that are (i) verified technologies (as defined in section 791 of the Energy Policy Act of 2005 ( 42 U.S.C. 16131 42 U.S.C. 7550 (ii) verified technologies (as defined in section 791 of the Energy Policy Act of 2005 ( 42 U.S.C. 16131 42 U.S.C. 7550 (I) located in nonattainment or maintenance areas for ozone, PM 10 2.5 42 U.S.C. 7401 (II) funded, in whole or in part, under this title or chapter 53 of title 49; (B) the conduct of outreach activities that are designed to provide information and technical assistance to the owners and operators of diesel equipment and vehicles regarding the purchase and installation of diesel replacements or retrofits; or (C) the purchase of medium- or heavy-duty zero emission vehicles and related charging equipment; (9) if the project or program is for the installation of vehicle-to-infrastructure communication equipment; (10) if the project is for the modernization or rehabilitation of a lock and dam that (A) is functionally connected to the Federal-aid highway system; and (B) the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard; or (11) if the project is on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (A) is functionally connected to the Federal-aid highway system; and (B) the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard. (c)  Special Rules. (1)  Projects for pm10 nonattainment areas A State may obligate funds apportioned to the State under section 104(b)(4) for a project or program for an area that is nonattainment for ozone or carbon monoxide, or both, and for PM10 resulting from transportation activities, without regard to any limitation of the Department of Transportation relating to the type of ambient air quality standard such project or program addresses. (2)  Electric vehicle and natural gas vehicle infrastructure A State may obligate funds apportioned under section 104(b)(4) for a project or program to establish electric vehicle charging stations or natural gas vehicle refueling stations for the use of battery powered or natural gas fueled trucks or other motor vehicles at any location in the State (giving priority to corridors designated under section 151) except that such stations may not be established or supported where commercial establishments serving motor vehicle users are prohibited by section 111 of title 23 (3)  HOV facilities No funds may be provided under this section for a project which will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high occupancy vehicle facility available to single occupant vehicles only at other than peak travel times. (4)  Locks and dams; marine highways For each fiscal year, a State may not obligate more than 10 percent of the funds apportioned to the State under section 104(b)(4) for projects described in paragraphs (10) and (11) of subsection (b). (d)  States Flexibility. (1)  States without a nonattainment area If a State does not have, and never has had, a nonattainment area designated under the Clean Air Act ( 42 U.S.C. 7401 (A) would otherwise be eligible under subsection (b) as if the project were carried out in a nonattainment or maintenance area; or (B) is eligible under the surface transportation block grant program under section 133. (2)  States with a nonattainment area. (A)  In general If a State has a nonattainment area or maintenance area and received funds in fiscal year 2009 under section 104(b)(2)(D), as in effect on the day before the date of enactment of the MAP21, above the amount of funds that the State would have received based on the nonattainment and maintenance area population of the State under subparagraphs (B) and (C) of section 104(b)(2), as in effect on the day before the date of enactment of the MAP21, the State may use for any project that would otherwise be eligible under subsection (b) if the project were carried out in a nonattainment or maintenance area or is eligible under the surface transportation block grant program under section 133 an amount of funds apportioned to such State under section 104(b)(4) that is equal to the product obtained by multiplying (i) the amount apportioned to such State under section 104(b)(4) (excluding the amount of funds reserved under subsection (k)(1)); by (ii) the ratio calculated under subparagraph (B). (B)  Ratio For purposes of this paragraph, the ratio shall be calculated as the proportion that (i) the amount for fiscal year 2009 such State was permitted by section 149(c)(2), as in effect on the day before the date of enactment of the MAP21, to obligate in any area of the State for projects eligible under section 133, as in effect on the day before the date of enactment of the MAP21; bears to (ii) the total apportionment to such State for fiscal year 2009 under section 104(b)(2), as in effect on the day before the date of enactment of the MAP21. (3)  Changes in designation If a new nonattainment area is designated or a previously designated nonattainment area is redesignated as an attainment area in a State under the Clean Air Act ( 42 U.S.C. 7401 (e)  Applicability of Planning Requirements Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135 of this title. (f)  Partnerships With Nongovernmental Entities. (1)  In general Notwithstanding any other provision of this title and in accordance with this subsection, a metropolitan planning organization, State transportation department, or other project sponsor may enter into an agreement with any public, private, or nonprofit entity to cooperatively implement any project carried out under this section. (2)  Forms of participation by entities Participation by an entity under paragraph (1) may consist of (A) ownership or operation of any land, facility, vehicle, or other physical asset associated with the project; (B) cost sharing of any project expense; (C) carrying out of administration, construction management, project management, project operation, or any other management or operational duty associated with the project; and (D) any other form of participation approved by the Secretary. (3)  Allocation to entities A State may allocate funds apportioned under section 104(b)(4) to an entity described in paragraph (1). (4)  Alternative fuel projects In the case of a project that will provide for the use of alternative fuels by privately owned vehicles or vehicle fleets, activities eligible for funding under this subsection (A) may include the costs of vehicle refueling infrastructure, including infrastructure that would support the development, production, and use of emerging technologies that reduce emissions of air pollutants from motor vehicles and nonroad vehicles and nonroad engines used in construction projects or port-related freight operations, and other capital investments associated with the project; (B) shall include only the incremental cost of an alternative fueled vehicle, as compared to a conventionally fueled vehicle, that would otherwise be borne by a private party; and (C) shall apply other governmental financial purchase contributions in the calculation of net incremental cost. (5)  Prohibition on federal participation with respect to required activities A Federal participation payment under this subsection may not be made to an entity to fund an obligation imposed under the Clean Air Act ( 42 U.S.C. 7401 (g)  Cost-Effective Emission Reduction Guidance. (1)  Definitions In this subsection, the following definitions apply: (A)  Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (B)  Diesel replacement or retrofit The term diesel replacement or retrofit means a replacement or retrofit, repowering, rebuilding, after treatment, or other technology, as determined by the Administrator. (2)  Emission reduction guidance The Administrator, in consultation with the Secretary, shall publish a list of diesel replacement or retrofit technologies and supporting technical information for (A) diesel emission reduction technologies certified or verified by the Administrator, the California Air Resources Board, or any other entity recognized by the Administrator for the same purpose; (B) diesel emission reduction technologies identified by the Administrator as having an application and approvable test plan for verification by the Administrator or the California Air Resources Board that is submitted not later than 18 months of the date of enactment of this subsection; (C) available information regarding the emission reduction effectiveness and cost effectiveness of technologies identified in this paragraph, taking into consideration air quality and health effects. (3)  Priority consideration States and metropolitan planning organizations shall give priority in areas designated as nonattainment or maintenance for PM2.5 under the Clean Air Act ( 42 U.S.C. 7401 (4)  No effect on authority or restrictions Nothing in this subsection modifies or otherwise affects any authority or restriction established under the Clean Air Act ( 42 U.S.C. 7401 (h)  Interagency Consultation The Secretary shall encourage States and metropolitan planning organizations to consult with State and local air quality agencies in nonattainment and maintenance areas on the estimated emission reductions from proposed congestion mitigation and air quality improvement programs and projects. (i)  Evaluation and Assessment of Projects. (1)  Database. (A)  In general Using appropriate assessments of projects funded under the congestion mitigation and air quality program and results from other research, the Secretary shall maintain and disseminate a cumulative database describing the impacts of the projects, including specific information about each project, such as the project name, location, sponsor, cost, and, to the extent already measured by the project sponsor, cost-effectiveness, based on reductions in congestion and emissions. (B)  Availability The database shall be published or otherwise made readily available by the Secretary in electronically accessible format and means, such as the Internet, for public review. (2)  Cost effectiveness. (A)  In general The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall evaluate projects on a periodic basis and develop a table or other similar medium that illustrates the cost-effectiveness of a range of project types eligible for funding under this section as to how the projects mitigate congestion and improve air quality. (B)  Contents The table described in subparagraph (A) shall show measures of cost-effectiveness, such as dollars per ton of emissions reduced, and assess those measures over a variety of timeframes to capture impacts on the planning timeframes outlined in section 134. (C)  Use of table States and metropolitan planning organizations shall consider the information in the table when selecting projects or developing performance plans under subsection ( l (j)  Optional Programmatic Eligibility. (1)  In general At the discretion of a metropolitan planning organization, a technical assessment of a selected program of projects may be conducted through modeling or other means to demonstrate the emissions reduction projection required under this section. (2)  Applicability If an assessment described in paragraph (1) successfully demonstrates an emissions reduction, all projects included in such assessment shall be eligible for obligation under this section without further demonstration of emissions reduction of individual projects included in such assessment. (k)  Priority for Use of Funds in PM Areas. (1)  In general For any State that has a nonattainment or maintenance area for fine particulate matter, an amount equal to 25 percent of the funds apportioned to each State under section 104(b)(4) for a nonattainment or maintenance area that are based all or in part on the weighted population of such area in fine particulate matter nonattainment shall be obligated to projects that (A) reduce such fine particulate matter emissions in such area, including diesel replacements or retrofits; and (B) to the extent practicable, prioritize benefits to disadvantaged communities or low-income populations living in, or immediately adjacent to, such area. (2)  Construction equipment and vehicles In order to meet the requirements of paragraph (1), a State or metropolitan planning organization may elect to obligate funds to install diesel emission control technology on nonroad diesel equipment or on-road diesel equipment that is operated on a highway construction project within a PM2.5 nonattainment or maintenance area. (3)  PM nonattainment and maintenance in low population density states. (A)  Exception In any State with a population density of 80 or fewer persons per square mile of land area, based on the most recent decennial census, the requirements under subsection (g)(3) and paragraphs (1) and (2) of this subsection shall not apply to a nonattainment or maintenance area in the State if (i) the nonattainment or maintenance area does not have projects that are part of the emissions analysis of a metropolitan transportation plan or transportation improvement program; and (ii) regional motor vehicle emissions are an insignificant contributor to the air quality problem for PM2.5 in the nonattainment or maintenance area. (B)  Calculation If subparagraph (A) applies to a nonattainment or maintenance area in a State, the percentage of the PM2.5 set-aside under paragraph (1) shall be reduced for that State proportionately based on the weighted population of the area in fine particulate matter nonattainment. (4)  Port-related equipment and vehicles To meet the requirements under paragraph (1), a State or metropolitan planning organization may elect to obligate funds to the most cost-effective projects to reduce emissions from port-related landside nonroad or on-road equipment that is operated within the boundaries of a PM2.5 nonattainment or maintenance area. (l)  Performance Plan. (1)  In general Each metropolitan planning organization serving a transportation management area (as defined in section 134) with a population over 1,000,000 people representing a nonattainment or maintenance area shall develop a performance plan that (A) includes an area baseline level for traffic congestion and on-road mobile source emissions for which the area is in nonattainment or maintenance; (B) describes progress made in achieving the air quality and traffic congestion performance targets described in section 150(d); and (C) includes a description of projects identified for funding under this section and how such projects will contribute to achieving emission and traffic congestion reduction targets. (2)  Updated plans Performance plans shall be updated biennially and include a separate report that assesses the progress of the program of projects under the previous plan in achieving the air quality and traffic congestion targets of the previous plan. (3)  Assistance to metropolitan planning organizations. (A)  In general On the request of a metropolitan planning organization, the Secretary may assist the metropolitan planning organization tracking progress made in minority or low-income populations as part of a performance plan under this subsection. (B)  Savings provision Nothing in this paragraph provides the Secretary the authority (i) to change the performance measures under section 150(c)(5) or the performance targets established under section 134(h)(2) or 150(d); or (ii) to establish any other Federal requirement. (m)  Operating Assistance. (1)  In general A State may obligate funds apportioned under section 104(b)(4) in an area of the State that is otherwise eligible for obligations of such funds for operating costs (A) under chapter 53 of title 49; or (B) on (i) a system for which CMAQ funding was eligible, made available, obligated, or expended in fiscal year 2012; or (ii) a State-supported Amtrak route with a valid cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 24101 Public Law 110432 (2)  No time limitation Operating assistance provided under paragraph (1) shall have no imposed time limitation if the operating assistance is for (A) a route described in subparagraph (B) of that paragraph; or (B) a transit system that is located in (i) a non-urbanized area; or (ii) an urbanized area with a population of 200,000 or fewer. (Added Pub. L. 9387, title I,  142(a) Aug. 13, 1973 87 Stat. 272 Pub. L. 102240, title I,  1008(a) Dec. 18, 1991 105 Stat. 1932 Pub. L. 102388, title III,  380 Oct. 6, 1992 106 Stat. 1562 Pub. L. 10459, title III,  319(a)(1) Nov. 28, 1995 109 Stat. 588 Pub. L. 10488, title IV,  405(a)(2) Dec. 29, 1995 109 Stat. 956 Pub. L. 105178, title I,  1110(a) June 9, 1998 112 Stat. 142 Pub. L. 10959, title I,  1808(a) Aug. 10, 2005 119 Stat. 14611463 Pub. L. 112141, div. A, title I,  1113(a) July 6, 2012 126 Stat. 460 Pub. L. 11376, div. L, title I,  125 Jan. 17, 2014 128 Stat. 587 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1343 Pub. L. 115141, div. L, title IV,  421 Mar. 23, 2018 132 Stat. 1045 Pub. L. 11758, div. A, title I,  11115 Nov. 15, 2021 135 Stat. 480  Editorial Notes  References in Text The Clean Air Act, referred to in subsecs. (b), (d)(1), (3), (f)(5), and (g)(3), (4), is act July 14, 1955, ch. 360 69 Stat. 322 section 7408(f)(1)(A) of Title 42 section 7401 of Title 42 The date of enactment of this paragraph, referred to in subsec. (b)(5), is the date of enactment of Pub. L. 105178 June 9, 1998 Sections 104(b)(2), 133, and 149(c)(2), as in effect on the day before the date of enactment of the MAP21, referred to in subsec. (d)(2), mean section 104(b)(2) of this title section 133 of this title Pub. L. 112141 Oct. 1, 2012 Pub. L. 112141 section 101 of this title The day before the date of enactment of MAP21, referred to in subsec. (d)(3), means the day before the date of enactment of Pub. L. 112141 The date of enactment of this subsection, referred to in subsec. (g)(2)(B), is the date of enactment of Pub. L. 10959 Aug. 10, 2005 Section 209 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (m), is section 209 of div. B of Pub. L. 110432 section 24101 of Title 49 Amendments 2021Subsec. (b). Pub. L. 11758,  11115(1)(A) Subsec. (b)(7). Pub. L. 11758,  11115(1)(B) Subsec. (b)(8)(A). Pub. L. 11758,  11115(1)(C)(i)(I) Subsec. (b)(8)(A)(i). Pub. L. 11758,  11115(1)(C)(i)(II) 42 U.S.C. 7550 Subsec. (b)(8)(B). Pub. L. 11758,  11115(1)(C)(ii) Subsec. (b)(8)(C). Pub. L. 11758,  11115(1)(C)(i)(III) Subsec. (b)(10), (11). Pub. L. 11758,  11115(1)(D) Subsec. (c)(4). Pub. L. 11758,  11115(2) Subsec. (f)(4)(A). Pub. L. 11758,  11115(3) Subsec. (g)(1)(B). Pub. L. 11758,  11115(4)(A) Subsec. (g)(2). Pub. L. 11758,  11115(4)(B) Subsec. (g)(3). Pub. L. 11758,  11115(4)(C) Subsec. (k)(1). Pub. L. 11758,  11115(5) Subsec. ( l Pub. L. 11758,  11115(6) Subsec. (m). Pub. L. 11758,  11115(7) 2018Subsec. (m). Pub. L. 115141 2015Subsec. (b)(1)(A)(i)(I). Pub. L. 11494,  1114(1)(A) Subsec. (b)(3). Pub. L. 11494,  1114(1)(B) Subsec. (b)(4). Pub. L. 11494,  1114(1)(C) Subsec. (b)(8)(A)(ii). Pub. L. 11494,  1114(1)(E)(i)(I) Subsec. (b)(8)(A)(ii)(II). Pub. L. 11494,  1114(1)(E)(i)(II) Subsec. (b)(9). Pub. L. 11494,  1114(1)(D) Subsec. (c)(2). Pub. L. 11494,  1114(2) Subsec. (d)(1)(B). Pub. L. 11494,  1114(3)(A) Subsec. (d)(2)(A). Pub. L. 11494,  1114(3)(B)(i)(I) Pub. L. 11494,  1109(c)(5) Subsec. (d)(2)(A)(i). Pub. L. 11494,  1114(3)(B)(i)(II) Subsec. (d)(2)(B)(i). Pub. L. 11494,  1114(3)(B)(ii) Subsec. (d)(3). Pub. L. 11494,  1114(3)(C) Subsec. (g)(2)(B). Pub. L. 11494,  1114(4) Subsec. (k)(3), (4). Pub. L. 11494,  1114(5) Subsec. ( l Pub. L. 11494,  1114(6) Subsec. (m). Pub. L. 11494,  1114(7) 2014Subsec. (m). Pub. L. 11376 2012Subsec. (b). Pub. L. 112141,  1113(a)(1) Subsec. (b)(5). Pub. L. 112141,  1113(a)(2) Subsec. (b)(7). Pub. L. 112141,  1113(a)(3) Subsec. (b)(7)(A)(ii). Pub. L. 112141,  1113(a)(4) 42 U.S.C. 16131 Subsec. (b)(8). Pub. L. 112141,  1113(a)(6) Subsec. (c). Pub. L. 112141,  1113(b)(2) Subsec. (d). Pub. L. 112141,  1113(b)(3) Pub. L. 112141,  1113(b)(1) Subsec. (e). Pub. L. 112141,  1113(b)(1) Subsec. (f). Pub. L. 112141,  1113(b)(1) Subsec. (g). Pub. L. 112141,  1113(b)(1) Subsec. (h). Pub. L. 112141,  1113(b)(1) Subsec. (i). Pub. L. 112141,  1113(b)(6) Pub. L. 112141,  1113(b)(1) Subsecs. (j) to (m). Pub. L. 112141,  1113(b)(6) 2005Subsec. (b). Pub. L. 10959,  1808(a) 42 U.S.C. 7401 Subsec. (b)(1). Pub. L. 10959,  1808(b)(1) (A) if the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines, on the basis of information published by the Environmental Protection Agency pursuant to section 108(f)(1)(A) of the Clean Air Act (other than clause (xvi) of such section), that the project or program is likely to contribute to (i) the attainment of a national ambient air quality standard; or (ii) the maintenance of a national ambient air quality standard in a maintenance area; or (B) in any case in which such information is not available, if the Secretary, after such consultation, determines that the project or program is part of a program, method, or strategy described in such section;. Subsec. (b)(4). Pub. L. 10959,  1808(b)(2)(A) Subsec. (b)(5). Pub. L. 10959,  1808(b)(3)(A) Subsec. (b)(6), (7). Pub. L. 10959,  1808(b)(2)(B) Subsec. (c)(1). Pub. L. 10959,  1808(c)(1) Subsec. (c)(2). Pub. L. 10959,  1808(c)(2) Subsecs. (f) to (h). Pub. L. 10959,  1808(d) 1998Subsec. (a). Pub. L. 105178,  1110(a) Subsec. (b). Pub. L. 105178,  1110(b)(1) 42 U.S.C. 7407(d) 42 U.S.C. 7511(a) December 31, 1997 42 U.S.C. 7407(d) Subsec. (b)(1)(A). Pub. L. 105178,  1110(b)(2) Subsec. (b)(1)(A)(ii). Pub. L. 105178,  1110(b)(3) 42 U.S.C. 7407(d) Subsec. (b)(5). Pub. L. 105178,  1110(b)(4) Subsec. (c). Pub. L. 105178,  1110(c) Subsec. (e). Pub. L. 105178,  1110(d)(1) 1995Subsec. (b). Pub. L. 10459,  319(a)(1)(A) 42 U.S.C. 7407(d) Subsec. (b)(1)(A). Pub. L. 10459,  319(a)(1)(B) Subsec. (b)(2). Pub. L. 10459,  319(b)(1) Subsec. (b)(3). Pub. L. 10488,  405(b)(1) Pub. L. 10459,  319(b)(2) Subsec. (b)(4). Pub. L. 10488,  405(b)(2) Pub. L. 10459,  319(b)(3) Pub. L. 10488,  405(a)(2) 1992Subsec. (b). Pub. L. 102388 1991 Pub. L. 102240 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1995 Amendment Amendment by section 405(b) of Pub. L. 10488 Jan. 1, 1996 section 2 of Pub. L. 10488 section 1301 of Title 49 Pub. L. 10488, title IV,  405(a) Dec. 29, 1995 109 Stat. 956 Nov. 28, 1995 Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Reduction of Truck Emissions at Port Facilities Pub. L. 11758, div. A, title I,  11402 Nov. 15, 2021 135 Stat. 553  (a)  Establishment of Program. (1)  In general The Secretary [of Transportation] shall establish a program to reduce idling at port facilities, under which the Secretary shall (A) study how ports and intermodal port transfer facilities would benefit from increased opportunities to reduce emissions at ports, including through the electrification of port operations; (B) study emerging technologies and strategies that may help reduce port-related emissions from idling trucks; and (C) coordinate and provide funding to test, evaluate, and deploy projects that reduce port-related emissions from idling trucks, including through the advancement of port electrification and improvements in efficiency, focusing on port operations, including heavy-duty commercial vehicles, and other related projects. (2)  Consultation In carrying out the program under this subsection, the Secretary may consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency. (b)  Grants. (1)  In general In carrying out subsection (a)(1)(C), the Secretary shall award grants to fund projects that reduce emissions at ports, including through the advancement of port electrification. (2)  Cost share A grant awarded under paragraph (1) shall not exceed 80 percent of the total cost of the project funded by the grant. (3)  Coordination In carrying out the grant program under this subsection, the Secretary shall (A) to the maximum extent practicable, leverage existing resources and programs of the Department [of Transportation] and other relevant Federal agencies; and (B) coordinate with other Federal agencies, as the Secretary determines to be appropriate. (4)  Application; selection. (A)  Application The Secretary shall solicit applications for grants under paragraph (1) at such time, in such manner, and containing such information as the Secretary determines to be necessary. (B)  Selection The Secretary shall make grants under paragraph (1) by not later than April 1 of each fiscal year for which funding is made available. (5)  Requirement Notwithstanding any other provision of law, any project funded by a grant under this subsection shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code. (c)  Report Not later than 1 year after the date on which all of the projects funded with a grant under subsection (b) are completed, the Secretary shall submit to Congress a report that includes (1) the findings of the studies described in subparagraphs (A) and (B) of subsection (a)(1); (2) the results of the projects that received a grant under subsection (b); (3) any recommendations for workforce development and training opportunities with respect to port electrification; and (4) any policy recommendations based on the findings and results described in paragraphs (1) and (2). Healthy Streets Program Pub. L. 11758, div. A, title I,  11406 Nov. 15, 2021 135 Stat. 575  (a)  Definitions In this section: (1)  Cool pavement The term cool pavement means a pavement with reflective surfaces with higher albedo to decrease the surface temperature of that pavement. (2)  Eligible entity The term eligible entity means (A) a State; (B) a metropolitan planning organization; (C) a unit of local government; (D) a Tribal government; and (E) a nonprofit organization working in coordination with an entity described in subparagraphs (A) through (D). (3)  Low-income community The term low-income community means a census block group in which not less than 30 percent of the population lives below the poverty line (as defined in section 673 of the Community Services Block Grant Act ( 42 U.S.C. 9902 (4)  Porous pavement The term porous pavement means a paved surface with a higher than normal percentage of air voids to allow water to pass through the surface and infiltrate into the subsoil. (5)  Program The term program means the Healthy Streets program established under subsection (b). (6)  State The term State has the meaning given the term in section 101(a) of title 23 (7)  Tribal government The term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act [ Nov. 15, 2021 25 U.S.C. 5131 (b)  Establishment The Secretary [of Transportation] shall establish a discretionary grant program, to be known as the Healthy Streets program, to provide grants to eligible entities (1) to deploy cool pavements and porous pavements; and (2) to expand tree cover. (c)  Goals The goals of the program are (1) to mitigate urban heat islands; (2) to improve air quality; and (3) to reduce (A) the extent of impervious surfaces; (B) stormwater runoff and flood risks; and (C) heat impacts to infrastructure and road users. (d)  Application. (1)  In general To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2)  Requirements The application submitted by an eligible entity under paragraph (1) shall include a description of (A) how the eligible entity would use the grant funds; and (B) the contribution that the projects intended to be carried out with grant funds would make to improving the safety, health outcomes, natural environment, and quality of life in low-income communities and disadvantaged communities. (e)  Use of Funds An eligible entity that receives a grant under the program may use the grant funds for 1 or more of the following activities: (1) Conducting an assessment of urban heat islands to identify hot spot areas of extreme heat or elevated air pollution. (2) Conducting a comprehensive tree canopy assessment, which shall assess the current tree locations and canopy, including (A) an inventory of the location, species, condition, and health of existing tree canopies and trees on public facilities; and (B) an identification of (i) the locations where trees need to be replaced; (ii) empty tree boxes or other locations where trees could be added; and (iii) flood-prone locations where trees or other natural infrastructure could mitigate flooding. (3) Conducting an equity assessment by mapping tree canopy gaps, flood-prone locations, and urban heat island hot spots as compared to (A) pedestrian walkways and public transportation stop locations; (B) low-income communities; and (C) disadvantaged communities. (4) Planning activities, including developing an investment plan based on the results of the assessments carried out under paragraphs (1), (2), and (3). (5) Purchasing and deploying cool pavements to mitigate urban heat island hot spots. (6) Purchasing and deploying porous pavement to mitigate flooding and stormwater runoff in (A) pedestrian-only areas; and (B) areas of low-volume, low-speed vehicular use. (7) Purchasing of trees, site preparation, planting of trees, ongoing maintenance and monitoring of trees, and repairing of storm damage to trees, with priority given to (A) to the extent practicable, the planting of native species; and (B) projects located in a neighborhood with lower tree cover or higher maximum daytime summer temperatures compared to surrounding neighborhoods. (8) Assessing underground infrastructure and coordinating with local transportation and utility providers. (9) Hiring staff to conduct any of the activities described in paragraphs (1) through (8). (f)  Priority In awarding grants to eligible entities under the program, the Secretary shall give priority to an eligible entity (1) proposing to carry out an activity or project in a low-income community or a disadvantaged community; (2) that has entered into a community benefits agreement with representatives of the community; or (3) that is partnering with a qualified youth or conservation corps (as defined in section 203 of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1722 (g)  Distribution Requirement Of the amounts made available to carry out the program for each fiscal year, not less than 80 percent shall be provided for projects in urbanized areas (as defined in section 101(a) of title 23 (h)  Federal Share. (1)  In general Except as provided under paragraph (2), the Federal share of the cost of a project carried out under the program shall be 80 percent. (2)  Waiver The Secretary may increase the Federal share requirement under paragraph (1) to 100 percent for projects carried out by an eligible entity that demonstrates economic hardship, as determined by the Secretary. (i)  Maximum Grant Amount An individual grant under this section shall not exceed $15,000,000. (j)  Treatment of Projects Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code. Determination by Secretary; Water-Phased Hydrocarbon Fuel Emulsion Technologies Pub. L. 105178, title I,  1110(d)(2) June 9, 1998 112 Stat. 144 Pub. L. 105206, title IX,  9002(g) July 22, 1998 112 Stat. 836 For the purposes of section 149(e) [now 149(f)] of title 23, United States Code, the Secretary shall determine in accordance with the procedures specified in section 149(b) of such title whether water-phased hydrocarbon fuel emulsion technologies that consist of a hydrocarbon base and water in an amount not less than 20 percent by volume reduce emissions of hydrocarbon, particulate matter, carbon monoxide, or nitrogen oxide from motor vehicles. Study of CMAQ Program Pub. L. 105178, title I,  1110(e) June 9, 1998 112 Stat. 144  (1)  In general The Secretary and the Administrator of the Environmental Protection Agency shall enter into arrangements with the National Academy of Sciences to complete, by not later than January 1, 2001 section 149 of title 23 (A) evaluate the air quality impacts of emissions from motor vehicles; (B) evaluate the negative effects of traffic congestion, including the economic effects of time lost due to congestion; (C) determine the amount of funds obligated under the program and make a comprehensive analysis of the types of projects funded under the program; (D) evaluate the emissions reductions attributable to projects of various types that have been funded under the program; (E) assess the effectiveness, including the quantitative and nonquantitative benefits, of projects funded under the program and include, in the assessment, an estimate of the cost per ton of pollution reduction; (F) assess the cost effectiveness of projects funded under the program with respect to congestion mitigation; (G) compare (i) the costs of achieving the air pollutant emissions reductions achieved under the program; to (ii) the costs that would be incurred if similar reductions were achieved by other measures, including pollution controls on stationary sources; (H) include recommendations on improvements, including other types of projects, that will increase the overall effectiveness of the program; (I) include recommendations on expanding the scope of the program to address traffic-related pollutants that, as of the date of the study, are not addressed by the program. (2)  Report Not later than January 1, 2000 (3)  Funding Before making the apportionment of funds under [former] section 104(b)(2) of title 23 Effect of Limitation on Apportionment Notwithstanding any other provision of law, for each of fiscal years 1996 and 1997, amendment by section 319(a)(1) of Pub. L. 10459 Pub. L. 102240 section 319(c) of Pub. L. 10459 section 104 of this title Value Pricing Pilot Program Pub. L. 102240, title I,  1012(b) Dec. 18, 1991 105 Stat. 1938 Pub. L. 10459, title III,  325(e) Nov. 28, 1995 109 Stat. 592 Pub. L. 105178, title I,  1216(a) June 9, 1998 112 Stat. 211 Pub. L. 105206, title IX,  9006(b) July 22, 1998 112 Stat. 848 Pub. L. 10959, title I,  1604(a) Aug. 10, 2005 119 Stat. 1249  (1) The Secretary shall solicit the participation of State and local governments and public authorities for one or more value pricing pilot programs. The Secretary may enter into cooperative agreements with as many as 15 such State or local governments or public authorities to establish, maintain, and monitor value pricing programs. (2) Notwithstanding section 129 of title 23 (3) Revenues generated by any pilot project under this subsection must be applied to projects eligible under such title. (4) Notwithstanding sections 129 and 301 of title 23, United States Code, the Secretary shall allow the use of tolls on the Interstate System as part of any value pricing pilot program under this subsection. (5) The Secretary shall monitor the effect of such programs for a period of at least 10 years, and shall report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives every 2 years on the effects such programs are having on driver behavior, traffic volume, transit ridership, air quality, and availability of funds for transportation programs. (6)  HOV passenger requirements Notwithstanding section 102(a) of title 23 (7)  Financial effects on low-income drivers Any value pricing pilot program under this subsection shall include, if appropriate, an analysis of the potential effects of the pilot program on low-income drivers and may include mitigation measures to deal with any potential adverse financial effects on low-income drivers. (8)  Funding. (A)  In general There are authorized to be appropriated to the Secretary from the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection (i) for fiscal year 2005, $11,000,000; and (ii) for each of fiscal years 2006 through 2009, $12,000,000. (B)  Set-aside for projects not involving highway tolls Of the amounts made available to carry out this subsection, $3,000,000 for each of fiscal years 2006 through 2009 shall be available only for congestion pricing pilot projects that do not involve highway tolls. (C)  Availability Funds allocated by the Secretary to a State under this subsection shall remain available for obligation by the State for a period of 3 years after the last day of the fiscal year for which the funds are authorized. (D)  Use of unallocated funds If the total amount of funds made available from the Highway Trust Fund to carry out this subsection for fiscal year 1998 and fiscal years thereafter but not allocated exceeds $8,000,000 as of September 30 of any year, the excess amount (i) shall be apportioned in the following fiscal year by the Secretary to all States in accordance with [former] section 104(b)(3) of title 23 (ii) shall be considered to be a sum made available for expenditure on the surface transportation program, except that the amount shall not be subject to section 133(d) of such title; and (iii) shall be available for any purpose eligible for funding under section 133 of such title. (C) [probably should be (E)] Contract authority Funds authorized to carry out this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of any project under this subsection and the availability of funds authorized to carry out this subsection shall be determined in accordance with this subsection.  150. National goals and performance management measures (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 MAP21, 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 MAP21 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. 112141, div. A, title I,  1203(a) July 6, 2012 126 Stat. 524 Pub. L. 11494, div. A, title I,  1446(a)(4) Dec. 4, 2015 129 Stat. 1437  Editorial Notes  References in Text The date of enactment of the MAP21, referred to in subsecs. (c)(1) and (e), is deemed to be Oct. 1, 2012 Pub. L. 112141 section 101 of this title Codification Pub. L. 11494, div. A, title I,  1446(d)(2)(A) Dec. 4, 2015 129 Stat. 1438 Pub. L. 112141, div. A, title I,  1203(a) July 6, 2012 126 Stat. 524 Prior Provisions A prior section 150, added Pub. L. 9387, title I,  157(a) Aug. 13, 1973 87 Stat. 277 Pub. L. 97424, title I,  124 Jan. 6, 1983 96 Stat. 2113 Pub. L. 105178, title I,  1103(l)(5) Pub. L. 105206, title IX,  9002(c)(1) July 22, 1998 112 Stat. 834 Amendments 2015Subsec. (b)(5). Pub. L. 11494,  1446(a)(4) Subsec. (c)(3)(B). Pub. L. 11494,  1446(a)(5) Subsec. (e)(4). Pub. L. 11494,  1446(a)(6) Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Except as otherwise provided, amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Pub. L. 11494, div. A, title I,  1446(d) Dec. 4, 2015 129 Stat. 1438 July 6, 2012 Pub. L. 112141 Effective Date Section effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Performance Management Data Support Program Pub. L. 11494, div. A, title VI,  6028 Dec. 4, 2015 129 Stat. 1587 Pub. L. 11758, div. A, title III,  13003 Nov. 15, 2021 135 Stat. 628  (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 (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 (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.  151. National electric vehicle charging and hydrogen, propane, and natural gas fueling corridors (a)  In General The Secretary shall periodically designate national electric vehicle charging and hydrogen, propane, and natural gas fueling corridors that identify the near- and long-term need for, and location of, electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure at strategic locations along major national highways to support changes in the transportation sector that help achieve a reduction in greenhouse gas emissions and improve the mobility of passenger and commercial vehicles that employ electric, hydrogen fuel cell, propane, and natural gas fueling technologies across the United States. (b)  Designation of Corridors In designating the corridors under subsection (a), the Secretary shall (1) solicit nominations from State and local officials for facilities to be included in the corridors; (2) incorporate existing electric vehicle charging, hydrogen fueling, propane fueling, and natural gas fueling corridors previously designated by the Federal Highway Administration or designated by a State or group of States; and (3) consider the demand for, and location of, existing electric vehicle charging stations, hydrogen fueling stations, propane fueling stations, and natural gas fueling infrastructure. (c)  Stakeholders In designating corridors under subsection (a), the Secretary shall involve, on a voluntary basis, stakeholders that include (1) the heads of other Federal agencies; (2) State and local officials; (3) representatives of (A) energy utilities; (B) the electric, fuel cell electric, propane, and natural gas vehicle industries; (C) the freight and shipping industry; (D) clean technology firms; (E) the hospitality industry; (F) the restaurant industry; (G) highway rest stop vendors; and (H) industrial gas and hydrogen manufacturers; and (4) such other stakeholders as the Secretary determines to be necessary. (d)  Redesignation. (1)  Initial redesignation Not later than 180 days after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall update and redesignate the corridors under subsection (a). (2)  Subsequent redesignation The Secretary shall establish a recurring process to regularly update and redesignate the corridors under subsection (a). (e)  Report During designation and redesignation of the corridors under this section, the Secretary shall issue a report that (1) identifies electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure and standardization needs for electricity providers, industrial gas providers, natural gas providers, infrastructure providers, vehicle manufacturers, electricity purchasers, and natural gas purchasers; (2) describes efforts, including through funds awarded through the grant program under subsection (f), that will aid efforts to achieve strategic deployment of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure in those corridors; and (3) summarizes best practices and provides guidance, developed through consultation with the Secretary of Energy, for project development of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure and natural gas fueling infrastructure at the State, Tribal, and local level to allow for the predictable deployment of that infrastructure. (f)  Grant Program. (1)  Definition of private entity In this subsection, the term private entity means a corporation, partnership, company, or nonprofit organization. (2)  Establishment Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in paragraph (6). (3)  Eligible entities An entity eligible to receive a grant under this subsection is (A) a State or political subdivision of a State; (B) a metropolitan planning organization; (C) a unit of local government; (D) a special purpose district or public authority with a transportation function, including a port authority; (E) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (F) a territory of the United States; (G) an authority, agency, or instrumentality of, or an entity owned by, 1 or more entities described in subparagraphs (A) through (F); or (H) a group of entities described in subparagraphs (A) through (G). (4)  Applications To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require, including (A) a description of how the eligible entity has considered (i) public accessibility of charging or fueling infrastructure proposed to be funded with a grant under this subsection, including (I) charging or fueling connector types and publicly available information on real-time availability; and (II) payment methods to ensure secure, convenient, fair, and equal access; (ii) collaborative engagement with stakeholders (including automobile manufacturers, utilities, infrastructure providers, technology providers, electric charging, hydrogen, propane, and natural gas fuel providers, metropolitan planning organizations, States, Indian tribes, and units of local governments, fleet owners, fleet managers, fuel station owners and operators, labor organizations, infrastructure construction and component parts suppliers, and multi-State and regional entities) (I) to foster enhanced, coordinated, public-private or private investment in electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; (II) to expand deployment of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; (III) to protect personal privacy and ensure cybersecurity; and (IV) to ensure that a properly trained workforce is available to construct and install electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; (iii) the location of the station or fueling site, such as consideration of (I) the availability of onsite amenities for vehicle operators, such as restrooms or food facilities; (II) access in compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 (III) height and fueling capacity requirements for facilities that charge or refuel large vehicles, such as semi-trailer trucks; and (IV) appropriate distribution to avoid redundancy and fill charging or fueling gaps; (iv) infrastructure installation that can be responsive to technology advancements, such as accommodating autonomous vehicles, vehicle-to-grid technology, and future charging methods; and (v) the long-term operation and maintenance of the electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, to avoid stranded assets and protect the investment of public funds in that infrastructure; and (B) an assessment of the estimated emissions that will be reduced through the use of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, which shall be conducted using the Alternative Fuel Life-Cycle Environmental and Economic Transportation (AFLEET) tool developed by Argonne National Laboratory (or a successor tool). (5)  Considerations In selecting eligible entities to receive a grant under this subsection, the Secretary shall (A) consider the extent to which the application of the eligible entity would (i) improve alternative fueling corridor networks by (I) converting corridor-pending corridors to corridor-ready corridors; or (II) in the case of corridor-ready corridors, providing redundancy (aa) to meet excess demand for charging or fueling infrastructure; or (bb) to reduce congestion at existing charging or fueling infrastructure in high-traffic locations; (ii) meet current or anticipated market demands for charging or fueling infrastructure; (iii) enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without Federal assistance; (iv) support a long-term competitive market for electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that does not significantly impair existing electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure providers; (v) provide access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure in areas with a current or forecasted need; and (vi) deploy electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure for medium- and heavy-duty vehicles (including along the National Highway Freight Network established under section 167(c)) and in proximity to intermodal transfer stations; (B) ensure, to the maximum extent practicable, geographic diversity among grant recipients to ensure that electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure is available throughout the United States; (C) consider whether the private entity that the eligible entity contracts with under paragraph (6) (i) submits to the Secretary the most recent year of audited financial statements; and (ii) has experience in installing and operating electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; and (D) consider whether, to the maximum extent practicable, the eligible entity and the private entity that the eligible entity contracts with under paragraph (6) enter into an agreement (i) to operate and maintain publicly available electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas infrastructure; and (ii) that provides a remedy and an opportunity to cure if the requirements described in clause (i) are not met. (6)  Use of funds. (A)  In general An eligible entity receiving a grant under this subsection shall only use the funds in accordance with this paragraph to contract with a private entity for acquisition and installation of publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle. (B)  Location of infrastructure Any publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure acquired and installed with a grant under this subsection shall be located along an alternative fuel corridor designated under this section, on the condition that any affected Indian tribes are consulted before the designation. (C)  Operating assistance. (i)  In general Subject to clauses (ii) and (iii), an eligible entity that receives a grant under this subsection may use a portion of the funds to provide to a private entity operating assistance for the first 5 years of operations after the installation of publicly available electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure while the facility transitions to independent system operations. (ii)  Inclusions Operating assistance under this subparagraph shall be limited to costs allocable to operating and maintaining the electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure and service. (iii)  Limitation Operating assistance under this subparagraph may not exceed the amount of a contract under subparagraph (A) to acquire and install publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure. (D)  Traffic control devices. (i)  In general Subject to this paragraph, an eligible entity that receives a grant under this subsection may use a portion of the funds to acquire and install traffic control devices located in the right-of-way to provide directional information to publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure acquired, installed, or operated with the grant. (ii)  Applicability Clause (i) shall apply only to an eligible entity that (I) receives a grant under this subsection; and (II) is using that grant for the acquisition and installation of publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure. (iii)  Limitation on amount The amount of funds used to acquire and install traffic control devices under clause (i) may not exceed the amount of a contract under subparagraph (A) to acquire and install publicly accessible charging or fueling infrastructure. (iv)  No new authority created Nothing in this subparagraph authorizes an eligible entity that receives a grant under this subsection to acquire and install traffic control devices if the entity is not otherwise authorized to do so. (E)  Revenue. (i)  In general An eligible entity receiving a grant under this subsection and a private entity referred to in subparagraph (A) may enter into a cost-sharing agreement under which the private entity submits to the eligible entity a portion of the revenue from the electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure. (ii)  Uses of revenue An eligible entity that receives revenue from a cost-sharing agreement under clause (i) may only use that revenue for a project that is eligible under this title. (7)  Certain fuels The use of grants for propane fueling infrastructure under this subsection shall be limited to infrastructure for medium- and heavy-duty vehicles. (8)  Community grants. (A)  In general Notwithstanding paragraphs (4), (5), and (6), the Secretary shall reserve 50 percent of the amounts made available each fiscal year to carry out this section to provide grants to eligible entities in accordance with this paragraph. (B)  Applications To be eligible to receive a grant under this paragraph, 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. (C)  Eligible entities An entity eligible to receive a grant under this paragraph is (i) an entity described in paragraph (3); and (ii) a State or local authority with ownership of publicly accessible transportation facilities. (D)  Eligible projects The Secretary may provide a grant under this paragraph for a project that is expected to reduce greenhouse gas emissions and to expand or fill gaps in access to publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, including (i) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and (ii) the acquisition and installation of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle, including any related construction or reconstruction and the acquisition of real property directly related to the project, such as locations described in subparagraph (E), to expand access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure. (E)  Project locations A project receiving a grant under this paragraph may be located on any public road or in other publicly accessible locations, such as parking facilities at public buildings, public schools, and public parks, or in publicly accessible parking facilities owned or managed by a private entity. (F)  Priority In providing grants under this paragraph, the Secretary shall give priority to projects that expand access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure within (i) rural areas; (ii) low- and moderate-income neighborhoods; and (iii) communities with a low ratio of private parking spaces to households or a high ratio of multiunit dwellings to single family homes, as determined by the Secretary. (G)  Additional considerations In providing grants under this paragraph, the Secretary shall consider the extent to which the project (i) contributes to geographic diversity among eligible entities, including achieving a balance between urban and rural communities; and (ii) meets current or anticipated market demands for charging or fueling infrastructure, including faster charging speeds with high-powered capabilities necessary to minimize the time to charge or refuel current and anticipated vehicles. (H)  Partnering with private entities An eligible entity that receives a grant under this paragraph may use the grant funds to contract with a private entity for the acquisition, construction, installation, maintenance, or operation of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle. (I)  Maximum grant amount The amount of a grant under this paragraph shall not be more than $15,000,000. (J)  Technical assistance Of the amounts reserved under subparagraph (A), the Secretary may use not more than 1 percent to provide technical assistance to eligible entities. (K)  Additional activities The recipient of a grant under this paragraph may use not more than 5 percent of the grant funds on educational and community engagement activities to develop and implement education programs through partnerships with schools, community organizations, and vehicle dealerships to support the use of zero-emission vehicles and associated infrastructure. (9)  Requirements. (A)  Project treatment Notwithstanding any other provision of law, any project funded by a grant under this subsection shall be treated as a project on a Federal-aid highway under this chapter. (B)  Signs Any traffic control device or on-premises sign acquired, installed, or operated with a grant under this subsection shall comply with (i) the Manual on Uniform Traffic Control Devices, if located in the right-of-way; and (ii) other provisions of Federal, State, and local law, as applicable. (10)  Federal share. (A)  In general The Federal share of the cost of a project carried out with a grant under this subsection shall not exceed 80 percent of the total project cost. (B)  Responsibility of private entity As a condition of contracting with an eligible entity under paragraph (6) or (8), a private entity shall agree to pay the share of the cost of a project carried out with a grant under this subsection that is not paid by the Federal Government under subparagraph (A). (11)  Report Not later than 3 years after the date of enactment of this subsection, 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 a report on the progress and implementation of this subsection. (Added Pub. L. 11494, div. A, title I,  1413(a) Dec. 4, 2015 129 Stat. 1417 Pub. L. 11758, div. A, title I,  11401(b) Nov. 15, 2021 135 Stat. 546  Editorial Notes  References in Text The date of enactment of the Surface Transportation Reauthorization Act of 2021 and the date of enactment of this subsection, referred to in subsecs. (d) and (f)(2), (11), is the date of enactment of div. A of Pub. L. 11758 Nov. 15, 2021 The Americans with Disabilities Act of 1990, referred to in subsec. (f)(4)(A)(iii)(II), is Pub. L. 101336 July 26, 1990 104 Stat. 327 section 12101 of Title 42 Prior Provisions A prior section 151, added Pub. L. 10017, title I,  125(a) Apr. 2, 1987 101 Stat. 166 Pub. L. 105178, title I,  1212(a)(2)(A)(ii) June 9, 1998 112 Stat. 193 Pub. L. 112141, div. A, title I,  1519(b)(1)(A) July 6, 2012 126 Stat. 575 Oct. 1, 2012 Another prior section 151, added Pub. L. 9387, title II,  205(a) Aug. 13, 1973 87 Stat. 284 Pub. L. 94280, title II,  207 May 5, 1976 90 Stat. 454 Pub. L. 95599, title I,  127 Nov. 6, 1978 92 Stat. 2707 Pub. L. 96470, title II,  209(c) Oct. 19, 1980 94 Stat. 2245 Pub. L. 97375, title I,  111(a) Dec. 21, 1982 96 Stat. 1821 Pub. L. 10017, title I,  125(a) Apr. 2, 1987 101 Stat. 166 Amendments 2021Subsec. (a). Pub. L. 11758,  11401(b)(1) Subsec. (b)(2). Pub. L. 11758,  11401(b)(2) Subsec. (d). Pub. L. 11758,  11401(b)(3) Subsec. (e)(2). Pub. L. 11758,  11401(b)(4)(B) Subsec. (e)(3). Pub. L. 11758,  11401(b)(4)(A) Subsec. (f). Pub. L. 11758,  11401(b)(5) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date Section effective Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Purpose To Establish Grants for Charging and Fueling Infrastructure Pub. L. 11758, div. A, title I,  11401(a) Nov. 15, 2021 135 Stat. 546 The purpose of this section [amending this section] is to establish a grant program to strategically deploy publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure along designated alternative fuel corridors or in certain other locations that will be accessible to all drivers of electric vehicles, hydrogen vehicles, propane vehicles, and natural gas vehicles. Electric Vehicle Working Group Pub. L. 11758, div. B, title V,  25006 Nov. 15, 2021 135 Stat. 845  (a)  Definitions In this section: (1)  Secretaries The term Secretaries means (A) the Secretary [of Transportation]; and (B) the Secretary of Energy. (2)  Working group The term working group means the electric vehicle working group established under subsection (b)(1). (b)  Establishment. (1)  In general Not later than 1 year after the date of enactment of this Act [ Nov. 15, 2021 (2)  Membership. (A)  In general The working group shall be composed of (i) the Secretaries (or designees), who shall be cochairs of the working group; and (ii) not more than 25 members, to be appointed by the Secretaries, of whom (I) not more than 6 shall be Federal stakeholders as described in subparagraph (B); and (II) not more than 19 shall be non-Federal stakeholders as described in subparagraph (C). (B)  Federal stakeholders The working group (i) shall include not fewer than 1 representative of each of (I) the Department [of Transportation]; (II) the Department of Energy; (III) the Environmental Protection Agency; (IV) the Council on Environmental Quality; and (V) the General Services Administration; and (ii) may include a representative of any other Federal agency the Secretaries consider to be appropriate. (C)  Non-federal stakeholders. (i)  In general Subject to clause (ii), the working group (I) shall include not fewer than 1 representative of each of (aa) a manufacturer of light-duty electric vehicles or the relevant components of light-duty electric vehicles; (bb) a manufacturer of medium- and heavy-duty vehicles or the relevant components of medium- and heavy-duty electric vehicles; (cc) a manufacturer of electric vehicle batteries; (dd) an owner, operator, or manufacturer of electric vehicle charging equipment; (ee) the public utility industry; (ff) a public utility regulator or association of public utility regulators; (gg) the transportation fueling distribution industry; (hh) the energy provider industry; (ii) the automotive dealing industry; (jj) the for-hire passenger transportation industry; (kk) an organization representing units of local government; (ll) an organization representing regional transportation or planning agencies; (mm) an organization representing State departments of transportation; (nn) an organization representing State departments of energy or State energy planners; (oo) the intelligent transportation systems and technologies industry; (pp) labor organizations representing workers in transportation manufacturing, construction, or operations; (qq) the trucking industry; (rr) Tribal governments; and (ss) the property development industry; and (II) may include a representative of any other non-Federal stakeholder that the Secretaries consider to be appropriate. (ii)  Requirement The stakeholders selected under clause (i) shall, in the aggregate (I) consist of individuals with a balance of backgrounds, experiences, and viewpoints; and (II) include individuals that represent geographically diverse regions of the United States, including individuals representing the perspectives of rural, urban, and suburban areas. (D)  Compensation A member of the working group shall serve without compensation. (3)  Meetings. (A)  In general The working group shall meet not less frequently than once every 120 days. (B)  Remote participation A member of the working group may participate in a meeting of the working group via teleconference or similar means. (4)  Coordination In carrying out the duties of the working group, the working group shall coordinate and consult with any existing Federal interagency working groups on fleet conversion or other similar matters relating to electric vehicles. (c)  Reports and Strategy on Electric Vehicle Adoption. (1)  Working group reports The working group shall complete by each of the deadlines described in paragraph (2) a report describing the status of electric vehicle adoption including (A) a description of the barriers and opportunities to scaling up electric vehicle adoption throughout the United States, including recommendations for issues relating to (i) consumer behavior; (ii) charging infrastructure needs, including standardization and cybersecurity; (iii) manufacturing and battery costs, including the raw material shortages for batteries and electric motor magnets; (iv) the adoption of electric vehicles for low- and moderate-income individuals and underserved communities, including charging infrastructure access and vehicle purchase financing; (v) business models for charging personal electric vehicles outside the home, including wired and wireless charging; (vi) charging infrastructure permitting and regulatory issues; (vii) the connections between housing and transportation costs and emissions; (viii) freight transportation, including local, port and drayage, regional, and long-haul trucking; (ix) intercity passenger travel; (x) the process by which governments collect a user fee for the contribution of electric vehicles to funding roadway improvements; (xi) State- and local-level policies, incentives, and zoning efforts; (xii) the installation of highway corridor signage; (xiii) secondary markets and recycling for batteries; (xiv) grid capacity and integration; (xv) energy storage; and (xvi) specific regional or local issues that may not appear to apply throughout the United States, but may hamper nationwide adoption or coordination of electric vehicles; (B) examples of successful public and private models and demonstration projects that encourage electric vehicle adoption; (C) an analysis of current efforts to overcome the barriers described in subparagraph (A); (D) an analysis of the estimated costs and benefits of any recommendations of the working group; and (E) any other topics, as determined by the working group. (2)  Deadlines A report under paragraph (1) shall be submitted to the Secretaries, the Committees on Commerce, Science, and Transportation and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives (A) in the case of the first report, by not later than 18 months after the date on which the working group is established under subsection (b)(1); (B) in the case of the second report, by not later than 2 years after the date on which the first report is required to be submitted under subparagraph (A); and (C) in the case of the third report, by not later than 2 years after the date on which the second report is required to be submitted under subparagraph (B). (3)  Strategy. (A)  In general Based on the reports submitted by the working group under paragraph (1), the Secretaries shall jointly develop, maintain, and update a strategy that describes the means by which the Federal Government, States, units of local government, and industry can (i) establish quantitative targets for transportation electrification; (ii) overcome the barriers described in paragraph (1)(A); (iii) identify areas of opportunity in research and development to improve battery manufacturing, mineral mining, recycling costs, material recovery, fire risks, and battery performance for electric vehicles; (iv) enhance Federal interagency coordination to promote electric vehicle adoption; (v) prepare the workforce for the adoption of electric vehicles, including through collaboration with labor unions, educational institutions, and relevant manufacturers; (vi) expand electric vehicle and charging infrastructure; (vii) expand knowledge of the benefits of electric vehicles among the general public; (viii) maintain the global competitiveness of the United States in the electric vehicle and charging infrastructure markets; (ix) provide clarity in regulations to improve national uniformity with respect to electric vehicles; and (x) ensure the sustainable integration of electric vehicles into the national electric grid. (B)  Notice and comment In carrying out subparagraph (A), the Secretaries shall provide public notice and opportunity for comment on the strategy described in that subparagraph. (4)  Information. (A)  In general The Secretaries may enter into an agreement with the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine to provide, track, or report data, information, or research to assist the working group in carrying out paragraph (1). (B)  Use of existing information In developing a report under paragraph (1) or a strategy under paragraph (3), the Secretaries and the working group shall take into consideration existing Federal, State, local, private sector, and academic data and information relating to electric vehicles and, to the maximum extent practicable, coordinate with the entities that publish that information (i) to prevent duplication of efforts by the Federal Government; and (ii) to leverage existing information and complementary efforts. (d)  Coordination To the maximum extent practicable, the Secretaries and the working group shall carry out this section using all available existing resources, websites, and databases of Federal agencies, such as (1) the Alternative Fuels Data Center; (2) the Energy Efficient Mobility Systems program; and (3) the Clean Cities Coalition Network. (e)  Termination The working group shall terminate on submission of the third report required under subsection (c)(2)(C). Establishment of Joint Office of Energy and Transportation Pub. L. 11758, div. J, title VIII Nov. 15, 2021 135 Stat. 1425 Pub. L. 117103, div. L, title IV,  427(8) Mar. 15, 2022 136 Stat. 774 That there is established a Joint Office of Energy and Transportation (referred to in this paragraph in this Act [div. J of Pub. L. 11758 Provided further Provided further Provided further Provided further Provided further section 101 of title 23  152. Hazard elimination program (a)  In General. (1)  Program Each State shall conduct and systematically maintain an engineering survey of all public roads to identify hazardous locations, sections, and elements, including roadside obstacles and unmarked or poorly marked roads, which may constitute a danger to motorists, bicyclists, and pedestrians, assign priorities for the correction of such locations, sections, and elements, and establish and implement a schedule of projects for their improvement. (2)  Hazards In carrying out paragraph (1), a State may, at its discretion (A) identify, through a survey, hazards to motorists, bicyclists, pedestrians, and users of highway facilities; and (B) develop and implement projects and programs to address the hazards. (b) The Secretary may approve as a project under this section any safety improvement project, including a project described in subsection (a). (c) Funds authorized to carry out this section shall be available for expenditure on (1) any public road; (2) any public surface transportation facility or any publicly owned bicycle or pedestrian pathway or trail; or (3) any traffic calming measure. (d) The Federal share payable on account of any project under this section shall be 90 percent of the cost thereof. (e) Funds authorized to be appropriated to carry out this section shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under section 104(b), except that the Secretary is authorized to waive provisions he deems inconsistent with the purposes of this section. (f) Each State shall establish an evaluation process approved by the Secretary, to analyze and assess results achieved by safety improvement projects carried out in accordance with procedures and criteria established by this section. Such evaluation process shall develop cost-benefit data for various types of corrections and treatments which shall be used in setting priorities for safety improvement projects. (g) Each State shall report to the Secretary of Transportation not later than December 30 of each year, on the progress being made to implement safety improvement projects for hazard elimination and the effectiveness of such improvements. Each State report shall contain an assessment of the cost of, and safety benefits derived from, the various means and methods used to mitigate or eliminate hazards and the previous and subsequent accident experience at these locations. The Secretary of Transportation shall submit a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than April 1 of each year on the progress being made by the States in implementing the hazard elimination program (including but not limited to any projects for pavement marking). The report shall include, but not be limited to, the number of projects undertaken, their distribution by cost range, road system, means and methods used, and the previous and subsequent accident experience at improved locations. In addition, the Secretarys report shall analyze and evaluate each State program, identify any State found not to be in compliance with the schedule of improvements required by subsection (a) and include recommendations for future implementation of the hazard elimination program. (h) For the purposes of this section the term State shall have the meaning given it in section 401 of this title (Added Pub. L. 9387, title II,  209(a) Aug. 13, 1973 87 Stat. 286 Pub. L. 94280, title I,  131 May 5, 1976 90 Stat. 441 Pub. L. 95599, title I,  168(a) Nov. 6, 1978 92 Stat. 2722 Pub. L. 96106,  10(b) Nov. 9, 1979 93 Stat. 798 Pub. L. 97375, title II,  210(b) Dec. 21, 1982 96 Stat. 1826 Pub. L. 97424, title I,  125 Jan. 6, 1983 96 Stat. 2113 Pub. L. 10017, title I,  133(b)(12) Apr. 2, 1987 101 Stat. 172 Pub. L. 10459, title III,  325(c) Nov. 28, 1995 109 Stat. 592 Pub. L. 105178, title I,  1401 June 9, 1998 112 Stat. 235  Editorial Notes Amendments 1998Subsec. (a). Pub. L. 105178,  1401(1) Subsec. (b). Pub. L. 105178,  1401(2) Subsec. (c). Pub. L. 105178,  1401(3) (1) any public road; (2) any public surface transportation facility or any publicly owned bicycle or pedestrian pathway or trail; or (3) any traffic calming measure for on any public road (other than a highway on the Interstate System). Subsec. (e). Pub. L. 105178,  1401(4) section 402(c) of this title Subsecs. (f), (g). Pub. L. 105178,  1401(5) 1995Subsec. (g). Pub. L. 10459 1987Subsec. (g). Pub. L. 10017 1983Subsec. (c). Pub. L. 97424 1982Subsec. (g). Pub. L. 97375 1979Subsec. (g). Pub. L. 96106 1978Subsec. (a). Pub. L. 95599 Subsec. (b). Pub. L. 95599 June 30, 1974 June 30, 1976 Subsec. (c). Pub. L. 95599 Subsec. (d). Pub. L. 95599 Subsec. (e). Pub. L. 95599 Subsecs. (f) to (h). Pub. L. 95599 1976Subsec. (f). Pub. L. 94280 Statutory Notes and Related Subsidiaries Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31  153. Use of safety belts and motorcycle helmets (a)  Authority To Make Grants The Secretary may make grants to a State in a fiscal year in accordance with this section if the State has in effect in such fiscal year (1) a law which makes unlawful throughout the State the operation of a motorcycle if any individual on the motorcycle is not wearing a motorcycle helmet; and (2) a law which makes unlawful throughout the State the operation of a passenger vehicle whenever an individual in a front seat of the vehicle (other than a child who is secured in a child restraint system) does not have a safety belt properly fastened about the individuals body. (b)  Use of Grants A grant made to a State under this section shall be used to adopt and implement a traffic safety program to carry out the following purposes: (1)  Education To educate the public about motorcycle and passenger vehicle safety and motorcycle helmet, safety belt, and child restraint system use and to involve public health education agencies and other related agencies in these efforts. (2)  Training To train law enforcement officers in the enforcement of State laws described in subsection (a). (3)  Monitoring To monitor the rate of compliance with State laws described in subsection (a). (4)  Enforcement To enforce State laws described in subsection (a). (c)  Maintenance of Effort A grant may not be made to a State under this section in any fiscal year unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all other sources for any traffic safety program described in subsection (b) at or above the average level of such expenditures in the States 2 fiscal years preceding the date of the enactment of this section. (d)  Federal Share A State may not receive a grant under this section in more than 3 fiscal years. The Federal share payable for a grant under this section shall not exceed (1) in the first fiscal year the State receives a grant, 75 percent of the cost of implementing in such fiscal year a traffic safety program described in subsection (b); (2) in the second fiscal year the State receives a grant, 50 percent of the cost of implementing in such fiscal year such traffic safety program; and (3) in the third fiscal year the State receives a grant, 25 percent of the cost of implementing in such fiscal year such traffic safety program. (e)  Maximum Aggregate Amount of Grants The aggregate amount of grants made to a State under this section shall not exceed 90 percent of the amount apportioned to such State for fiscal year 1990 under section 402. (f)  Eligibility for Grants. (1)  General rule A State is eligible in a fiscal year for a grant under this section only if the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State implements in such fiscal year a traffic safety program described in subsection (b). (2)  Second-year grants A State is eligible for a grant under this section in a fiscal year succeeding the first fiscal year in which a State receives a grant under this section only if the State in the preceding fiscal year (A) had in effect at all times a State law described in subsection (a)(1) and achieved a rate of compliance with such law of not less than 75 percent; and (B) had in effect at all times a State law described in subsection (a)(2) and achieved a rate of compliance with such law of not less than 50 percent. (3)  Third-year grants A State is eligible for a grant under this section in a fiscal year succeeding the second fiscal year in which a State receives a grant under this section only if the State in the preceding fiscal year (A) had in effect at all times a State law described in subsection (a)(1) and achieved a rate of compliance with such law of not less than 85 percent; and (B) had in effect at all times a State law described in subsection (a)(2) and achieved a rate of compliance with such law of not less than 70 percent. (g)  Measurements of Rates of Compliance For the purposes of subsections (f)(2) and (f)(3), a State shall measure compliance with State laws described in subsection (a) using methods which conform to guidelines issued by the Secretary ensuring that such measurements are accurate and representative. (h)  Penalty. (1)  Prior to fiscal year 2012 If, at any time in a fiscal year beginning after September 30, 1994 October 1, 2011 1 1 section 402 of this title (2)  Fiscal year 2012 and thereafter If, at any time in a fiscal year beginning after September 30, 2011 (3)  Federal share The Federal share of the cost of any project carried out under section 402 with funds transferred to the apportionment of section 402 shall be 100 percent. (4)  Transfer of obligation authority If the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall allocate an amount of obligation authority distributed for such fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out only projects under section 402 which is determined by multiplying (A) the amount of funds transferred to the apportionment of section 402 of the State under section 402 for such fiscal year; by (B) the ratio of the amount of obligation authority distributed for such fiscal year to the State for Federal-aid highways and highway safety construction programs to the total of the sums apportioned to the State for Federal-aid highways and highway safety construction (excluding sums not subject to any obligation limitation) for such fiscal year. (5)  Limitation on applicability of highway safety obligations Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs carried out by the Federal Highway Administration under section 402 shall apply to funds transferred under this subsection to the apportionment of section 402. (i)  Definitions For the purposes of this section, the following definitions apply: (1)  Motorcycle The term motorcycle means a motor vehicle which is designed to travel on not more than 3 wheels in contact with the surface. (2)  Motor vehicle The term motor vehicle has the meaning such term has under section 154 1 (3)  Passenger vehicle The term passenger vehicle means a motor vehicle which is designed for transporting 10 individuals or less, including the driver, except that such term does not include a vehicle which is constructed on a truck chassis, a motorcycle, a trailer, or any motor vehicle which is not required on the date of the enactment of this section under a Federal motor vehicle safety standard to be equipped with a belt system. (4)  Safety belt The term safety belt means (A) with respect to open-body passenger vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and (B) with respect to other passenger vehicles, an occupant restraint system consisting of integrated lap shoulder belts. (j)  Authorization of Appropriations There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $17,000,000 for fiscal year 1992. From sums made available to carry out section 402 of this title (k)  Applicability of Chapter Provisions All provisions of this chapter that are applicable to National Highway System funds, other than provisions relating to the apportionment formula and provisions limiting the expenditures of such funds to Federal-aid systems, shall apply to funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section and except that sums authorized by this section shall remain available until expended. (Added Pub. L. 102240, title I,  1031(a)(1) Dec. 18, 1991 105 Stat. 1970 Pub. L. 10459, title II,  205(e) Nov. 28, 1995 109 Stat. 577 Pub. L. 112141, div. A, title I,  1404(e) July 6, 2012 126 Stat. 558 Pub. L. 11494, div. A, title I,  1446(a)(7) Dec. 4, 2015 129 Stat. 1437  Editorial Notes  References in Text The date of the enactment of this section, referred to in subsecs. (c) and (i)(3), is the date of enactment of Pub. L. 102240 Dec. 18, 1991 Section 104 of this title Pub. L. 112141, div. A, title I,  1105(a) July 6, 2012 126 Stat. 427 Section 154 of this title Pub. L. 10459, title II,  205(d)(1)(B) Nov. 28, 1995 109 Stat. 577 Pub. L. 105178, title I,  1405(a) Pub. L. 105206, title IX,  9005(a) July 22, 1998 112 Stat. 843 Prior Provisions A prior section 153, added Pub. L. 9387, title II,  210(a) Aug. 13, 1973 87 Stat. 287 Pub. L. 94280, title I,  131 May 5, 1976 90 Stat. 441 Pub. L. 95599, title I,  168(b) Nov. 6, 1978 92 Stat. 2723 Amendments 2015Subsec. (h)(2). Pub. L. 11494 2012Subsec. (h)(1), (2). Pub. L. 112141 Prior to fiscal year 2012 Thereafter October 1, 2011 September 30, 1994 section 104 of this title section 402 of this title 1995Subsec. (h)(1), (2). Pub. L. 10459 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1995 Amendment Pub. L. 10459, title II,  205(e) Nov. 28, 1995 109 Stat. 577 Sept. 30, 1995 Effective Date Section effective Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Stop Motorcycle Checkpoint Funding Pub. L. 11494, div. A, title IV,  4007 Dec. 4, 2015 129 Stat. 1510  Notwithstanding section 153 of title 23 (1) to check helmet usage; or (2) to create checkpoints that specifically target motorcycle operators or motorcycle passengers. Study of Benefits of Safety Belts and Motorcycle Helmets to Individuals Involved in Crashes Pub. L. 102240, title I,  1031(b) Dec. 18, 1991 105 Stat. 1973  (1)  In general The Secretary shall conduct a study or studies to determine the benefits of safety belt use and motorcycle helmet use for individuals involved in motor vehicle crashes and motorcycle crashes, collecting and analyzing data from regional trauma systems regarding differences in the following: the severity of injuries; acute, rehabilitative and long-term medical costs, including the sources of reimbursement and the extent to which these sources cover actual costs; government, employer, and other costs; and mortality and morbidity outcomes. The study shall cover a representative period after January 1, 1990 (2)  Report The Secretary shall make public a proposed report on the results of the study or studies conducted under this subsection, provide a period of 90 days for public comment on such report, consider such comments, and transmit to Congress a report on the results of such study or studies, together with a summary of such comments, not later than 40 months after the funds for such study are made available by the Secretary. (3)  Funding Of the amounts authorized to be appropriated for fiscal year 1992 or 1993 (or both) to carry out section 153 of title 23  154. Open container requirements (a)  Definitions In this section, the following definitions apply: (1)  Alcoholic beverage The term alcoholic beverage has the meaning given the term in section 158(c). (2)  Motor vehicle The term motor vehicle means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails. (3)  Open alcoholic beverage container The term open alcoholic beverage container means any bottle, can, or other receptacle (A) that contains any amount of alcoholic beverage; and (B) (i) that is open or has a broken seal; or (ii) the contents of which are partially removed. (4)  Passenger area The term passenger area shall have the meaning given the term by the Secretary by regulation. (b)  Open Container Laws. (1)  In general For the purposes of this section, each State shall have in effect a law that prohibits the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State. (2)  Motor vehicles designed to transport many passengers For the purposes of this section, if a State has in effect a law that makes unlawful the possession of any open alcoholic beverage container by the driver (but not by a passenger) (A) in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or (B) in the living quarters of a house coach or house trailer, the State shall be deemed to have in effect a law described in this subsection with respect to such a motor vehicle for each fiscal year during which the law is in effect. (c)  Transfer of Funds. (1)  Fiscal years 2001 and 2002 On October 1, 2000 October 1, 2001 (A) to be used for impaired driving countermeasures; or (B) to be directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific impaired driving countermeasures, dedicated to enforcement of the laws (including regulations). (2)  Fiscal year 2022 and thereafter (A)  Reservation of funds. (i)  In general On October 1, 2021 (ii)  States described A State referred to in clause (i) is a State (I) that has not enacted or is not enforcing an open container law described in subsection (b); and (II) for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing an open container law described in subsection (b). (B)  Transfer of funds As soon as practicable after the date of receipt of a certification from a State under subparagraph (A)(i), the Secretary shall (i) transfer the reserved funds identified by the State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportionment of the State under section 402; and (ii) release the reserved funds identified by the State as described in paragraph (3). (3)  Use for highway safety improvement program (A)  In general A State may elect to use all or a portion of the funds reserved under paragraph (2) for activities eligible under section 148. (B)  State departments of transportation If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds. (4)  Federal share The Federal share of the cost of a project carried out with funds transferred under paragraph (1) or (2), or used under paragraph (3), shall be 100 percent. (5)  Derivation of amount to be transferred The amount to be transferred or released under paragraph (2) may be derived from the following: (A) The apportionment of the State under section 104(b)(1). (B) The apportionment of the State under section 104(b)(2). (6)  Transfer of obligation authority. (A)  In general If the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall transfer an amount, determined under subparagraph (B), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out projects under section 402. (B)  Amount The amount of obligation authority referred to in subparagraph (A) shall be determined by multiplying (i) the amount of funds transferred under subparagraph (A) to the apportionment of the State under section 402 for the fiscal year, by (ii) the ratio that (I) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, bears to (II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year. (7)  Limitation on applicability of obligation limitation Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this subsection to the apportionment of a State under such section. (Added Pub. L. 105178, title I,  1405(a) Pub. L. 105206, title IX,  9005(a) July 22, 1998 112 Stat. 843 Pub. L. 10959, title I,  1401(a)(3)(C) Aug. 10, 2005 119 Stat. 1225 Pub. L. 112141, div. A, title I,  1402 July 6, 2012 126 Stat. 556 Pub. L. 11494, div. A, title I,  1446(a)(8) Dec. 4, 2015 129 Stat. 1437 Pub. L. 11758, div. A, title I,  11131(a) Nov. 15, 2021 135 Stat. 509  Editorial Notes Prior Provisions A prior section 154, added Pub. L. 93643,  114(a) Jan. 4, 1975 88 Stat. 2286 Pub. L. 95599, title II,  205 Nov. 6, 1978 92 Stat. 2729 Pub. L. 9735, title XI,  1108 Aug. 13, 1981 95 Stat. 626 Pub. L. 10017, title I,  174 Apr. 2, 1987 101 Stat. 218 Pub. L. 102240, title I,  1029(a) Dec. 18, 1991 105 Stat. 19681970 Pub. L. 10459, title II,  205(d)(1)(B) Nov. 28, 1995 109 Stat. 577 Nov. 28, 1995 Amendments 2021Subsec. (c)(1). Pub. L. 11758,  24106(a) Subsec. (c)(2). Pub. L. 11758,  11131(a)(1) Subsec. (c)(2)(A). Pub. L. 11758,  11131(a)(2) October 1, 2011 Subsec. (c)(2)(B). Pub. L. 11758,  11131(a)(3) 2015Subsec. (c)(1). Pub. L. 11494,  1446(a)(8)(A) Subsec. (c)(3)(A). Pub. L. 11494,  1446(a)(8)(B) Subsec. (c)(5). Pub. L. 11494,  1446(a)(8)(C)(i) Subsec. (c)(5)(A). Pub. L. 11494,  1446(a)(8)(C)(ii) 2012Subsec. (c)(2). Pub. L. 112141,  1402(1) October 1, 2002 Subsec. (c)(3). Pub. L. 112141,  1402(2) Subsec. (c)(5). Pub. L. 112141,  1402(3) (A) The apportionment of the State under section 104(b)(1). (B) The apportionment of the State under section 104(b)(3). (C) The apportionment of the State under section 104(b)(4). 2005Subsec. (c)(3). Pub. L. 10959 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by section 11131(a) of Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date Section effective simultaneously with enactment of Pub. L. 105178 Pub. L. 105178 section 9016 of Pub. L. 105206 section 101 of this title [ 155. Repealed. Pub. L. 112141, div. A, title I,  1519(b)(1)(A) July 6, 2012 126 Stat. 575   Section, added Pub. L. 93643,  115(a) Jan. 4, 1975 88 Stat. 2287 Pub. L. 95599, title I,  129(e) Nov. 6, 1978 92 Stat. 2708 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  156. Proceeds from the sale or lease of real property (a)  Minimum Charge Subject to section 142(f), a State shall charge, at a minimum, fair market value for the sale, use, lease, or lease renewal (other than for utility use and occupancy or for a transportation project eligible for assistance under this title) of real property acquired with Federal assistance made available from the Highway Trust Fund (other than the Mass Transit Account). (b)  Exceptions The Secretary may grant an exception to the requirement of subsection (a) for a social, environmental, or economic purpose. (c)  Use of Federal Share of Income The Federal share of net income from the revenues obtained by a State under subsection (a) shall be used by the State for projects eligible under this title. (Added Pub. L. 10017, title I,  126(a) Apr. 2, 1987 101 Stat. 167 Pub. L. 102240, title I,  1027(f) Dec. 18, 1991 105 Stat. 1967 Pub. L. 105178, title I,  1303(a) June 9, 1998 112 Stat. 227  Editorial Notes Prior Provisions A prior section 156, added Pub. L. 94280, title I,  132(a) May 5, 1976 90 Stat. 441 Pub. L. 10017, title I,  126(a) Apr. 2, 1987 101 Stat. 167 Amendments 1998 Pub. L. 105178 1991 Pub. L. 102240 Statutory Notes and Related Subsidiaries Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title  157. National Environmental Policy Act of 1969 reporting program (a)  Definitions In this section: (1)  Categorical exclusion The term categorical exclusion has the meaning given the term in section 771.117(c) of title 23, Code of Federal Regulations (or a successor regulation). (2)  Documented categorical exclusion The term documented categorical exclusion has the meaning given the term in section 771.117(d) of title 23, Code of Federal Regulations (or a successor regulation). (3)  Environmental assessment The term environmental assessment has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (4)  Environmental impact statement The term environmental impact statement means a detailed statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (5)  Federal agency The term Federal agency includes a State that has assumed responsibility under section 327. (6)  NEPA process The term NEPA process means the entirety of the development and documentation of the analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (7)  Proposed action The term proposed action means an action (within the meaning of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (8)  Reporting period The term reporting period means the fiscal year prior to the fiscal year in which a report is issued under subsection (b). (9)  Secretary The term Secretary includes the governor or head of an applicable State agency of a State that has assumed responsibility under section 327. (b)  Report on NEPA Data. (1)  In general The Secretary shall carry out a process to track, and annually submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing, the information described in paragraph (3). (2)  Time to complete For purposes of paragraph (3), the NEPA process (A) for an environmental impact statement (i) begins on the date on which the Notice of Intent is published in the Federal Register; and (ii) ends on the date on which the Secretary issues a record of decision, including, if necessary, a revised record of decision; and (B) for an environmental assessment (i) begins on the date on which the Secretary makes a determination to prepare an environmental assessment; and (ii) ends on the date on which the Secretary issues a finding of no significant impact or determines that preparation of an environmental impact statement is necessary. (3)  Information described The information referred to in paragraph (1) is, with respect to the Department of Transportation (A) the number of proposed actions for which a categorical exclusion was issued during the reporting period; (B) the number of proposed actions for which a documented categorical exclusion was issued by the Department of Transportation during the reporting period; (C) the number of proposed actions pending on the date on which the report is submitted for which the issuance of a documented categorical exclusion by the Department of Transportation is pending; (D) the number of proposed actions for which an environmental assessment was issued by the Department of Transportation during the reporting period; (E) the length of time the Department of Transportation took to complete each environmental assessment described in subparagraph (D); (F) the number of proposed actions pending on the date on which the report is submitted for which an environmental assessment is being drafted by the Department of Transportation; (G) the number of proposed actions for which an environmental impact statement was completed by the Department of Transportation during the reporting period; (H) the length of time that the Department of Transportation took to complete each environmental impact statement described in subparagraph (G); (I) the number of proposed actions pending on the date on which the report is submitted for which an environmental impact statement is being drafted; and (J) for the proposed actions reported under subparagraphs (F) and (I), the percentage of those proposed actions for which (i) funding has been identified; and (ii) all other Federal, State, and local activities that are required to allow the proposed action to proceed are completed. (Added Pub. L. 11758, div. A, title I,  11312(a) Nov. 15, 2021 135 Stat. 538  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (a)(6), (7), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Prior Provisions A prior section 157, added Pub. L. 105178, title I,  1403(a) June 9, 1998 112 Stat. 237 Pub. L. 10888,  6(a)(1) Sept. 30, 2003 117 Stat. 1119 Pub. L. 108202,  6(a) Feb. 29, 2004 118 Stat. 483 Pub. L. 108224,  5(a) Apr. 30, 2004 118 Stat. 632 Pub. L. 108263,  5(a) June 30, 2004 118 Stat. 703 Pub. L. 108280,  5(a) July 30, 2004 118 Stat. 881 Pub. L. 108310,  6(a)(1) Sept. 30, 2004 118 Stat. 1152 Pub. L. 10914,  5(a)(1) May 31, 2005 119 Stat. 329 Pub. L. 10920,  5(a)(1) July 1, 2005 119 Stat. 351 Pub. L. 10935,  5(a)(1) July 20, 2005 119 Stat. 384 Pub. L. 10937,  5(a)(1) July 22, 2005 119 Stat. 399 Pub. L. 10940,  5(a)(1) July 28, 2005 119 Stat. 415 Pub. L. 10959, title I,  1406 Aug. 10, 2005 119 Stat. 1231 Pub. L. 112141,  3(a) July 6, 2012 126 Stat. 413 Oct. 1, 2012 Another prior section 157, added Pub. L. 97424, title I,  150(a) Jan. 6, 1983 96 Stat. 2131 Pub. L. 99272, title IV,  4102(f) Apr. 7, 1986 100 Stat. 113 Pub. L. 10017, title I Apr. 2, 1987 101 Stat. 144 Pub. L. 102240, title I Dec. 18, 1991 105 Stat. 1918 Pub. L. 103272,  5(f)(3) July 5, 1994 108 Stat. 1374 Pub. L. 105178, title I,  1403(a) June 9, 1998 112 Stat. 237 Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title  158. National minimum drinking age (a)  Withholding of Funds for Noncompliance. (1)  In general (A)  Fiscal years before 2012 The Secretary shall withhold 10 per centum of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) 1 1 September 30, 1985 (B)  Fiscal year 2012 and thereafter For fiscal year 2012 and each fiscal year thereafter, the amount to be withheld under this section shall be an amount equal to 8 percent of the amount apportioned to the noncompliant State, as described in subparagraph (A), under paragraphs (1) and (2) of section 104(b). (2)  State grandfather law as complying If, before the later of (A) October 1, 1986 (b)  Effect of Withholding of Funds No funds withheld under this section from apportionment to any State after September 30, 1988 (c)  Alcoholic Beverage Defined As used in this section, the term alcoholic beverage means (1) beer as defined in section 5052(a) of the Internal Revenue Code of 1986, (2) wine of not less than one-half of 1 per centum of alcohol by volume, or (3) distilled spirits as defined in section 5002(a)(8) of such Code. (Added Pub. L. 98363,  6(a) July 17, 1984 98 Stat. 437 Pub. L. 99272, title IV,  4104 Apr. 7, 1986 100 Stat. 114 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 105178, title I,  1103 l June 9, 1998 112 Stat. 125 Pub. L. 112141, div. A, title I,  1404(f) July 6, 2012 126 Stat. 558  Editorial Notes  References in Text Section 104 of this title Pub. L. 112141, div. A, title I,  1105(a) July 6, 2012 126 Stat. 427 The date of the enactment of this paragraph, referred to in subsec. (a)(2), is the date of enactment of Pub. L. 99272 Apr. 7, 1986 The Internal Revenue Code of 1986, referred to in subsec. (c), is set out in Title 26, Internal Revenue Code. Amendments 2012Subsec. (a)(1). Pub. L. 112141 1998Subsec. (a)(1). Pub. L. 105178,  1103 l (1) First year September 30, 1985 Subsec. (a)(2), (3). Pub. L. 105178,  1103 l Subsec. (b). Pub. L. 105178,  1103 l 1986Subsec. (a). Pub. L. 99272,  4104(d)(1) Subsec. (a)(1). Pub. L. 99272,  4104(d)(2) Subsec. (a)(2). Pub. L. 99272,  4104(a) Subsec. (a)(3). Pub. L. 99272,  4104(b) Subsec. (b). Pub. L. 99272,  4104(c) Subsec. (c). Pub. L. 99272,  4104(d)(6) Subsec. (c)(1). Pub. L. 99514 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Minimum Drinking Age Pub. L. 97424, title II,  209 Jan. 6, 1983 96 Stat. 2140 The Congress strongly encourages each State to prohibit the sale of alcoholic beverages to persons who are less than 21 years of age.  159. Revocation or suspension of drivers licenses of individuals convicted of drug offenses (a)  Withholding of Apportionments for Noncompliance. (1)  Beginning in fiscal year 1996 The Secretary shall withhold 10 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (5) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century) of section 104(b) on the first day of each fiscal year which begins after the fourth calendar year following the effective date of this section if the State does not meet the requirements of paragraph (3) on the first day of such fiscal year. (2)  Fiscal year 2012 and thereafter The Secretary shall withhold an amount equal to 8 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on the first day of each fiscal year beginning after September 30, 2011 (3)  Requirements A State meets the requirements of this paragraph if (A) the State has enacted and is enforcing a law that requires in all circumstances, or requires in the absence of compelling circumstances warranting an exception (i) the revocation, or suspension for at least 6 months, of the drivers license of any individual who is convicted, after the enactment of such law, of (I) any violation of the Controlled Substances Act, or (II) any drug offense; and (ii) a delay in the issuance or reinstatement of a drivers license to such an individual for at least 6 months after the individual applies for the issuance or reinstatement of a drivers license if the individual does not have a drivers license, or the drivers license of the individual is suspended, at the time the individual is so convicted; or (B) the Governor of the State (i) submits to the Secretary no earlier than the adjournment sine die of the first regularly scheduled session of the States legislature which begins after the effective date of this section a written certification stating that the Governor is opposed to the enactment or enforcement in the State of a law described in subparagraph (A), relating to the revocation, suspension, issuance, or reinstatement of drivers licenses to convicted drug offenders; and (ii) submits to the Secretary a written certification that the legislature (including both Houses where applicable) has adopted a resolution expressing its opposition to a law described in clause (i). (b)  Effect of Noncompliance No funds withheld under this section from apportionments to any State shall be available for apportionment to that State. (c)  Definitions For purposes of this section (1)  Drivers license The term drivers license means a license issued by a State to any individual that authorizes the individual to operate a motor vehicle on highways. (2)  Drug offense The term drug offense means any criminal offense which proscribes (A) the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under the Controlled Substances Act; or (B) the operation of a motor vehicle under the influence of such a substance. (3)  Convicted The term convicted includes adjudicated under juvenile proceedings. (Added Pub. L. 102143, title III,  333(a) Oct. 28, 1991 105 Stat. 944 Pub. L. 102388, title III,  327(a) Oct. 6, 1992 106 Stat. 1547 Pub. L. 105178, title I,  1103 l June 9, 1998 112 Stat. 126 Pub. L. 112141, div. A, title I,  1404(g) July 6, 2012 126 Stat. 558  Editorial Notes  References in Text The date of enactment of the Transportation Equity Act for the 21st Century, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 105178 June 9, 1998 The effective date of this section, referred to in subsec. (a)(1), (3)(B)(i), is Nov. 5, 1990 section 333(e) of Pub. L. 102143 The Controlled Substances Act, referred to in subsecs. (a)(3)(A)(i)(I) and (c)(2)(A), is title II of Pub. L. 91513 Oct. 27, 1970 84 Stat. 1242 section 801 of Title 21 Amendments 2012Subsec. (a)(1), (2). Pub. L. 112141,  1404(g)(1) Subsec. (b). Pub. L. 112141,  1404(g)(2) 1998Subsec. (a)(1), (2). Pub. L. 105178,  1103 l Subsec. (b)(1)(A)(i). Pub. L. 105178,  1103 l Subsec. (b)(1)(A)(ii). Pub. L. 105178,  1103 l Subsec. (b)(1)(A)(iii). Pub. L. 105178,  1103 l Subsec. (b)(3). Pub. L. 105178,  1103 l Subsec. (b)(3)(A). Pub. L. 105178,  1103 l Subsec. (b)(3)(B). Pub. L. 105178,  1103 l Subsec. (b)(4). Pub. L. 105178,  1103 l 1992 Pub. L. 102388 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1992 Amendment Pub. L. 102388, title III,  327(b) Oct. 6, 1992 106 Stat. 1550 The amendments made by subsection (a) of this section [amending this section] shall take effect November 5, 1990 Effective Date Pub. L. 102143, title III,  333(e) Oct. 28, 1991 105 Stat. 947 The amendments made by subsection (a) of this section [enacting this section] shall take effect November 5, 1990 Study on State Compliance With Requirements for Revocation and Suspension of Drivers Licenses Pub. L. 102240, title I,  1094 Dec. 18, 1991 105 Stat. 2025 Dec. 31, 1992 [ 160. Repealed. Pub. L. 112141, div. A, title I,  1519(b)(1)(A) July 6, 2012 126 Stat. 575   Section, added Pub. L. 102240, title I,  1014(a) Dec. 18, 1991 105 Stat. 1941 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  161. Operation of motor vehicles by intoxicated minors (a)  Withholding of Apportionments for Noncompliance. (1)  Prior to fiscal year 2012 The Secretary shall withhold 10 percent (including any amounts withheld under paragraph (1)) of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) 1 1 October 1, 1999 (2)  Fiscal year 2012 and thereafter The Secretary shall withhold an amount equal to 8 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on October 1, 2011 (3)  Requirement A State meets the requirement of this paragraph if the State has enacted and is enforcing a law that considers an individual under the age of 21 who has a blood alcohol concentration of 0.02 percent or greater while operating a motor vehicle in the State to be driving while intoxicated or driving under the influence of alcohol. (b)  Period of Availability; Effect of Compliance and Noncompliance. (1)  Period of availability of withheld funds. (A)  Funds withheld on or before september 30, 2000 Any funds withheld under subsection (a) from apportionment to any State on or before September 30, 2000 (B)  Funds withheld after september 30, 2000 No funds withheld under this section from apportionment to any State after September 30, 2000 (2)  Apportionment of withheld funds after compliance If, before the last day of the period for which funds withheld under subsection (a) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirement of subsection (a)(3), the Secretary shall, on the first day on which the State meets the requirement, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. (3)  Period of availability of subsequently apportioned funds Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned. Sums not obligated at the end of that period shall lapse. (4)  Effect of noncompliance If, at the end of the period for which funds withheld under subsection (a) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirement of subsection (a)(3), the funds shall lapse. (Added Pub. L. 10459, title III,  320(a) Nov. 28, 1995 109 Stat. 589 Pub. L. 105178, title I,  1103 l June 9, 1998 112 Stat. 126 Pub. L. 112141, div. A, title I,  1404(h) July 6, 2012 126 Stat. 559  Editorial Notes  References in Text Section 104, referred to in subsec. (a)(1), was amended generally by Pub. L. 112141, div. A, title I,  1105(a) July 6, 2012 126 Stat. 427 Amendments 2012Subsec. (a)(1), (2). Pub. L. 112141 Prior to fiscal year 2012 Thereafter October 1, 1998 1998Subsec. (a)(1), (2). Pub. L. 105178 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  162. National scenic byways program (a)  Designation of Roads. (1)  In general The Secretary shall carry out a national scenic byways program that recognizes roads having outstanding scenic, historic, cultural, natural, recreational, and archaeological qualities by designating the roads as (A) National Scenic Byways; (B) All-American Roads; or (C) Americas Byways. (2)  Criteria The Secretary shall designate roads to be recognized under the national scenic byways program in accordance with criteria developed by the Secretary. (3)  Nomination. (A)  In general To be considered for a designation, a road must be nominated by a State, an Indian tribe, or a Federal land management agency and must first be designated as a State scenic byway, an Indian tribe scenic byway, or, in the case of a road on Federal land, as a Federal land management agency byway. (B)  Nomination by indian tribes An Indian tribe may nominate a road as a National Scenic Byway, an All-American Road, or one of Americas Byways under paragraph (1) only if a Federal land management agency (other than the Bureau of Indian Affairs), a State, or a political subdivision of a State does not have (i) jurisdiction over the road; or (ii) responsibility for managing the road. (C)  Safety An Indian tribe shall maintain the safety and quality of roads nominated by the Indian tribe under subparagraph (A). (4)  Reciprocal notification States, Indian tribes, and Federal land management agencies shall notify each other regarding nominations made under this subsection for roads that (A) are within the jurisdictional boundary of the State, Federal land management agency, or Indian tribe; or (B) directly connect to roads for which the State, Federal land management agency, or Indian tribe is responsible. (b)  Grants and Technical Assistance. (1)  In general The Secretary shall make grants and provide technical assistance to States and Indian tribes to (A) implement projects on highways designated as (i) National Scenic Byways; (ii) All-American Roads; (iii) Americas Byways; (iv) State scenic byways; or (v) Indian tribe scenic byways; and (B) plan, design, and develop a State or Indian tribe scenic byway program. (2)  Priorities In making grants, the Secretary shall give priority to (A) each eligible project that is associated with a highway that has been designated as a National Scenic Byway, All-American Road, or 1 of Americas Byways and that is consistent with the corridor management plan for the byway; (B) each eligible project along a State or Indian tribe scenic byway that is consistent with the corridor management plan for the byway, or is intended to foster the development of such a plan, and is carried out to make the byway eligible for designation as (i) a National Scenic Byway; (ii) an All-American Road; or (iii) 1 of Americas Byways; and (C) each eligible project that is associated with the development of a State or Indian tribe scenic byway program. (c)  Eligible Projects The following are projects that are eligible for Federal assistance under this section: (1) An activity related to the planning, design, or development of a State or Indian tribe scenic byway program. (2) Development and implementation of a corridor management plan to maintain the scenic, historical, recreational, cultural, natural, and archaeological characteristics of a byway corridor while providing for accommodation of increased tourism and development of related amenities. (3) Safety improvements to a State scenic byway, Indian tribe scenic byway, National Scenic Byway, All-American Road, or one of Americas Byways to the extent that the improvements are necessary to accommodate increased traffic and changes in the types of vehicles using the highway as a result of the designation as a State scenic byway, Indian tribe scenic byway, National Scenic Byway, All-American Road, or one of Americas Byways. (4) Construction along a scenic byway of a facility for pedestrians and bicyclists, rest area, turnout, highway shoulder improvement, overlook, or interpretive facility. (5) An improvement to a scenic byway that will enhance access to an area for the purpose of recreation, including water-related recreation. (6) Protection of scenic, historical, recreational, cultural, natural, and archaeological resources in an area adjacent to a scenic byway. (7) Development and provision of tourist information to the public, including interpretive information about a scenic byway. (8) Development and implementation of a scenic byway marketing program. (d)  Limitation The Secretary shall not make a grant under this section for any project that would not protect the scenic, historical, recreational, cultural, natural, and archaeological integrity of a highway and adjacent areas. (e)  Savings Clause The Secretary shall not withhold any grant or impose any requirement on a State or Indian tribe as a condition of providing a grant or technical assistance for any scenic byway unless the requirement is consistent with the authority provided in this chapter. (f)  Federal Share The Federal share of the cost of carrying out a project under this section shall be 80 percent, except that, in the case of any scenic byway project along a public road that provides access to or within Federal or Indian land, a Federal land management agency may use funds authorized for use by the agency as the non-Federal share. (Added Pub. L. 105178, title I,  1219(a) June 9, 1998 112 Stat. 219 Pub. L. 10959, title I,  1802 Aug. 10, 2005 119 Stat. 1456 Pub. L. 110244, title I,  101 o June 6, 2008 122 Stat. 1576  Editorial Notes Amendments 2008Subsec. (a)(3)(B). Pub. L. 110244,  101 o Subsec. (c)(3). Pub. L. 110244,  101 o 2005Subsec. (a)(1). Pub. L. 10959,  1802(a)(1) Subsec. (a)(3), (4). Pub. L. 10959,  1802(a)(2) Subsec. (b)(1). Pub. L. 10959,  1802(b)(1) Subsec. (b)(1)(A). Pub. L. 10959,  1802(b)(2) Subsec. (b)(1)(B). Pub. L. 10959,  1802(b)(3) Subsec. (b)(2)(A). Pub. L. 10959,  1802(b)(4) Subsec. (b)(2)(B). Pub. L. 10959,  1802(b)(5) Subsec. (b)(2)(C). Pub. L. 10959,  1802(b)(6) Subsec. (c)(1). Pub. L. 10959,  1802(c)(1) Subsec. (c)(3). Pub. L. 10959,  1802(c)(2) Subsec. (c)(4). Pub. L. 10959,  1802(c)(3) Subsec. (e). Pub. L. 10959,  1802(d) Statutory Notes and Related Subsidiaries Reviving Americas Scenic Byways Pub. L. 11657 Sept. 22, 2019 133 Stat. 1090  SECTION 1. SHORT TITLE. This Act may be cited as the Reviving Americas Scenic Byways Act of 2019. SEC. 2. NATIONAL SCENIC BYWAYS PROGRAM. (a)  Request for Nominations Not later than 90 days after the date of enactment of this Act [ Sept. 22, 2019 section 162(a) of title 23 (b)  Designation Determinations Not later than 1 year after the date on which the request for nominations required under subsection (a) is issued, the Secretary shall make publicly available on the appropriate website of the Department of Transportation a list specifying the roads, nominated pursuant to such request, to be designated under the national scenic byways program.  163. Safety incentives to prevent operation of motor vehicles by intoxicated persons (a)  General Authority The Secretary shall make a grant, in accordance with this section, to any State that has enacted and is enforcing a law that provides that any person with a blood alcohol concentration of 0.08 percent or greater while operating a motor vehicle in the State shall be deemed to have committed a per se offense of driving while intoxicated (or an equivalent per se offense). (b)  Grants For each fiscal year, funds authorized to carry out this section shall be apportioned to each State that has enacted and is enforcing a law meeting the requirements of subsection (a) in an amount determined by multiplying (1) the amount authorized to carry out this section for the fiscal year; by (2) the ratio that the amount of funds apportioned to each such State under section 402 for such fiscal year bears to the total amount of funds apportioned to all such States under section 402 for such fiscal year. (c)  Use of Grants A State may obligate funds apportioned under subsection (b) for any project eligible for assistance under this title. (d)  Federal Share The Federal share of the cost of a project funded under this section shall be 100 percent. (e)  Penalty. (1)  Fiscal years 2007 through 2011 On October 1, 2006 1 1 (2)  Fiscal year 2012 and thereafter On October 1, 2011 (3)  Failure to comply If, within 4 years from the date that an apportionment for a State is withheld in accordance with this subsection, the Secretary determines that the State has enacted and is enforcing a law described in subsection (a), the apportionment of the State shall be increased by an amount equal to the amount withheld. If, at the end of such 4-year period, any State has not enacted or is not enforcing a law described in subsection (a) any amounts so withheld from such State shall lapse. (f)  Authorization of Appropriations. (1)  In general There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $55,000,000 for fiscal year 1998, $65,000,000 for fiscal year 1999, $80,000,000 for fiscal year 2000, $90,000,000 for fiscal year 2001, $100,000,000 for fiscal year 2002, $110,000,000 for fiscal year 2003, $110,000,000 for fiscal year 2004, and $110,000,000 for fiscal year 2005 $91,315,068 for the period of October 1, 2004 July 30, 2005 2 2 October 1, 2004 July 30, 2005 (2)  Availability of funds Notwithstanding section 118(b), the funds authorized by this subsection shall remain available until expended. (Added Pub. L. 105178, title I,  1404(a) June 9, 1998 112 Stat. 240 Pub. L. 10888,  6(a)(2) Sept. 30, 2003 117 Stat. 1119 Pub. L. 108202,  6(b) Feb. 29, 2004 118 Stat. 483 Pub. L. 108224,  5(b) Apr. 30, 2004 118 Stat. 632 Pub. L. 108263,  5(b) June 30, 2004 118 Stat. 703 Pub. L. 108280,  5(b) July 30, 2004 118 Stat. 881 Pub. L. 108310,  6(a)(2) Sept. 30, 2004 118 Stat. 1152 Pub. L. 10914,  5(a)(2) May 31, 2005 119 Stat. 329 Pub. L. 10920,  5(a)(2) July 1, 2005 119 Stat. 351 Pub. L. 10935,  5(a)(2) July 20, 2005 119 Stat. 384 Pub. L. 10937,  5(a)(2) July 22, 2005 119 Stat. 399 Pub. L. 10940,  5(a)(2) July 28, 2005 119 Stat. 416 Pub. L. 10959, title I,  1407(a) Aug. 10, 2005 119 Stat. 1231 Pub. L. 112141, div. A, title I,  1404(i) July 6, 2012 126 Stat. 559 Pub. L. 11494, div. A, title I,  1446(a)(9) Dec. 4, 2015 129 Stat. 1437  Editorial Notes  References in Text Section 104, referred to in subsec. (e)(1), was amended generally by Pub. L. 112141, div. A, title I,  1105(a) July 6, 2012 126 Stat. 427 Amendments 2015Subsec. (f)(2). Pub. L. 11494 2012Subsec. (e)(1), (2). Pub. L. 112141 2005Subsec. (e). Pub. L. 10959,  1407(a)(2) Subsec. (e)(1). Pub. L. 10940 October 1, 2004 July 30, 2005 October 1, 2004 July 27, 2005 Pub. L. 10937 October 1, 2004 July 27, 2005 October 1, 2004 July 21, 2005 Pub. L. 10935 October 1, 2004 July 21, 2005 October 1, 2004 July 19, 2005 Pub. L. 10920 October 1, 2004 July 19, 2005 October 1, 2004 June 30, 2005 Pub. L. 10914 October 1, 2004 June 30, 2005 October 1, 2004 May 31, 2005 Subsec. (f). Pub. L. 10959,  1407(a)(1) Subsec. (f)(1). Pub. L. 10959,  1407(b) 2004Subsec. (e)(1). Pub. L. 108310 October 1, 2004 May 31, 2005 Pub. L. 108280 October 1, 2003 July 31, 2004 Pub. L. 108263 October 1, 2003 July 31, 2004 October 1, 2003 June 30, 2004 Pub. L. 108224 October 1, 2003 June 30, 2004 October 1, 2003 April 30, 2004 Pub. L. 108202 October 1, 2003 April 30, 2004 October 1, 2003 February 29, 2004 2003Subsec. (e)(1). Pub. L. 10888 October 1, 2003 February 29, 2004 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Withholding of Funds for Failure To Enact and Enforce Laws Relating to Driving While Intoxicated Pub. L. 106346,  101(a) [title III,  351] Oct. 23, 2000 114 Stat. 1356 section 104(b) of this title section 163(a) of this title section 163(a) of this title Pub. L. 10959, title I,  1407(c) Aug. 10, 2005 119 Stat. 1231  164. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence (a)  Definitions In this section, the following definitions apply: (1)  24-7 sobriety program The term 24-7 sobriety program has the meaning given the term in section 405(d)(7)(A). (2)  Alcohol concentration The term alcohol concentration means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (3)  Driving while intoxicated; driving under the influence The terms driving while intoxicated and driving under the influence mean driving or being in actual physical control of a motor vehicle while having an alcohol concentration above the permitted limit as established by each State. (4)  Motor vehicle The term motor vehicle means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail line or a commercial vehicle. (5)  Repeat intoxicated driver law The term repeat intoxicated driver law means a State law or combination of laws or programs that provides, as a minimum penalty, that an individual convicted of a second or subsequent offense for driving while intoxicated or driving under the influence after a previous conviction for that offense shall (A) receive, for a period of not less than 1 year (i) a suspension of all driving privileges; (ii) a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock device installed, unless a special exception applies; (iii) a restriction on driving privileges that limits the individual to operating motor vehicles only if participating in, and complying with, a 24-7 sobriety program; or (iv) any combination of clauses (i) through (iii); (B) receive an assessment of the individuals degree of abuse of alcohol and treatment as appropriate; and (C) receive (i) in the case of the second offense (I) an assignment of not less than 30 days of community service; or (II) not less than 5 days of imprisonment (unless the State certifies that the general practice is that such an individual will be incarcerated); and (ii) in the case of the third or subsequent offense (I) an assignment of not less than 60 days of community service; or (II) not less than 10 days of imprisonment (unless the State certifies that the general practice is that such an individual will receive 10 days of incarceration). (6)  Special exception The term special exception means an exception under a State alcohol-ignition interlock law for the following circumstances: (A) The individual is required to operate an employers motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual. (B) The individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device. (b)  Transfer of Funds. (1)  Fiscal years 2001 and 2002 On October 1, 2000 October 1, 2001 1 1 (A) to be used for alcohol- or multiple substance-impaired driving countermeasures; or (B) to be directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated, driving while multiple substance-impaired, or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific alcohol- or multiple substance-impaired driving countermeasures, dedicated to enforcement of the laws (including regulations). (2)  Fiscal year 2022 and thereafter (A)  Reservation of funds. (i)  In general On October 1, 2021 (ii)  States described A State referred to in clause (i) is a State (I) that has not enacted or is not enforcing a repeat intoxicated driver law; and (II) for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing a repeat intoxicated driver law. (B)  Transfer of funds As soon as practicable after the date of receipt of a certification from a State under subparagraph (A)(i), the Secretary shall (i) transfer the reserved funds identified by the State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportionment of the State under section 402; and (ii) release the reserved funds identified by the State as described in paragraph (3). (3)  Use for highway safety improvement program (A)  In general A State may elect to use all or a portion of the funds reserved under paragraph (2) for activities eligible under section 148. (B)  State departments of transportation If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds. (4)  Federal share The Federal share of the cost of a project carried out with funds transferred under paragraph (1) or (2), or used under paragraph (3), shall be 100 percent. (5)  Derivation of amount to be transferred The amount to be transferred or released under paragraph (2) may be derived from the following: (A) The apportionment of the State under section 104(b)(1). (B) The apportionment of the State under section 104(b)(2). (6)  Transfer of obligation authority. (A)  In general If the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall transfer an amount, determined under subparagraph (B), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out projects under section 402. (B)  Amount The amount of obligation authority referred to in subparagraph (A) shall be determined by multiplying (i) the amount of funds transferred under subparagraph (A) to the apportionment of the State under section 402 for the fiscal year, by (ii) the ratio that (I) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, bears to (II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year. (7)  Limitation on applicability of obligation limitation Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this subsection to the apportionment of a State under such section. (Added Pub. L. 105178, title I,  1406(a) Pub. L. 105206, title IX,  9005(a) July 22, 1998 112 Stat. 845 Pub. L. 10959, title I,  1401(a)(3)(C) Aug. 10, 2005 119 Stat. 1225 Pub. L. 110244, title I,  115 June 6, 2008 122 Stat. 1606 Pub. L. 112141, div. A, title I,  1403 July 6, 2012 126 Stat. 556 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1420 Pub. L. 11758, div. A, title I,  11131(b) Nov. 15, 2021 135 Stat. 510  Editorial Notes  References in Text Section 104, referred to in subsec. (b)(1), was amended generally by Pub. L. 112141, div. A, title I,  1105(a) July 6, 2012 126 Stat. 427 Amendments 2021Subsec. (b)(1)(A). Pub. L. 11758,  24107(1) Subsec. (b)(1)(B). Pub. L. 11758,  24107(2) Subsec. (b)(2). Pub. L. 11758,  11131(b)(1) Subsec. (b)(2)(A). Pub. L. 11758,  11131(b)(2) October 1, 2011 Subsec. (b)(2)(B). Pub. L. 11758,  11131(b)(3) 2015Subsec. (a)(1) to (4). Pub. L. 11494,  1414(1) Subsec. (a)(5). Pub. L. 11494,  1414(1) Subsec. (a)(5)(A). Pub. L. 11494,  1414(3)(B) (i) a suspension of all driving privileges for not less than 1 year; or (ii) a suspension of unlimited driving privileges for 1 year, allowing for the reinstatement of limited driving privileges subject to restrictions and limited exemptions as established by State law, if an ignition interlock device is installed for not less than 1 year on each of the motor vehicles owned or operated, or both, by the individual;. Subsec. (a)(5)(B). Pub. L. 11494,  1414(3)(C) Subsec. (a)(5)(C). Pub. L. 11494,  1414(3)(D) Subsec. (a)(5)(C)(i)(II). Pub. L. 11494,  1414(3)(E)(i) Subsec. (a)(5)(C)(ii)(II). Pub. L. 11494,  1414(3)(E)(ii) Subsec. (a)(6). Pub. L. 11494,  1414(4) Subsec. (b)(3)(A). Pub. L. 11494,  1446(a)(10)(A) Subsec. (b)(5). Pub. L. 11494,  1446(a)(10)(B) 2012Subsec. (a)(3). Pub. L. 112141,  1403(a)(1) Subsec. (a)(4). Pub. L. 112141,  1403(a)(2) (i) a drivers license suspension for not less than 1 year; or (ii) a combination of suspension of all driving privileges for the first 45 days of the suspension period followed by a reinstatement of limited driving privileges for the purpose of getting to and from work, school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual;. Former par. (4) redesignated (3). Subsec. (a)(5). Pub. L. 112141,  1403(a)(2) Subsec. (b)(2). Pub. L. 112141,  1403(b)(1) October 1, 2002 Subsec. (b)(3). Pub. L. 112141,  1403(b)(2) Subsec. (b)(5). Pub. L. 112141,  1403(b)(3) (A) The apportionment of the State under section 104(b)(1). (B) The apportionment of the State under section 104(b)(3). (C) The apportionment of the State under section 104(b)(4). 2008Subsec. (a)(5)(A), (B). Pub. L. 110244 (A) receive a drivers license suspension for not less than 1 year; (B) be subject to the impoundment or immobilization of each of the individuals motor vehicles or the installation of an ignition interlock system on each of the motor vehicles;. 2005Subsec. (b)(3). Pub. L. 10959 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by section 11131(b) of Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Pub. L. 11494, div. A, title IV,  4015 Dec. 4, 2015 129 Stat. 1513 Notwithstanding any other provision of this Act [div. A of Pub. L. 11494 October 1, 2016 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date Section effective simultaneously with enactment of Pub. L. 105178 Pub. L. 105178 section 9016 of Pub. L. 105206 section 101 of this title  165. Territorial and Puerto Rico highway program (a)  Division of Funds Of funds made available in a fiscal year for the territorial and Puerto Rico highway program (1) for the Puerto Rico highway program under subsection (b) (A) $173,010,000 shall be for fiscal year 2022; (B) $176,960,000 shall be for fiscal year 2023; (C) $180,120,000 shall be for fiscal year 2024; (D) $183,675,000 shall be for fiscal year 2025; and (E) $187,230,000 shall be for fiscal year 2026; and (2) for the territorial highway program under subsection (c) (A) $45,990,000 shall be for fiscal year 2022; (B) $47,040,000 shall be for fiscal year 2023; (C) $47,880,000 shall be for fiscal year 2024; (D) $48,825,000 shall be for fiscal year 2025; and (E) $49,770,000 shall be for fiscal year 2026. (b)  Puerto Rico Highway Program. (1)  In general The Secretary shall allocate funds made available to carry out this subsection to the Commonwealth of Puerto Rico to carry out a highway program in the Commonwealth. (2)  Treatment of funds Amounts made available to carry out this subsection for a fiscal year shall be administered as follows: (A)  Apportionment. (i)  In general For the purpose of imposing any penalty under this title or title 49, the amounts shall be treated as being apportioned to Puerto Rico under sections 104(b) and 144 (as in effect for fiscal year 1997) for each program funded under those sections in an amount determined by multiplying (I) the aggregate of the amounts for the fiscal year; by (II) the proportion that (aa) the amount of funds apportioned to Puerto Rico for each such program for fiscal year 1997; bears to (bb) the total amount of funds apportioned to Puerto Rico for all such programs for fiscal year 1997. (ii)  Exception Funds identified under clause (i) as having been apportioned for the national highway system, the surface transportation block grant program, and the Interstate maintenance program shall be deemed to have been apportioned 50 percent for the national highway performance program and 50 percent for the surface transportation program for purposes of imposing such penalties. (B)  Penalty The amounts treated as being apportioned to Puerto Rico under each section referred to in subparagraph (A) shall be deemed to be required to be apportioned to Puerto Rico under that section for purposes of the imposition of any penalty under this title or title 49. (C)  Eligible uses of funds Of amounts allocated to Puerto Rico for the Puerto Rico Highway Program for a fiscal year (i) at least 50 percent shall be available only for purposes eligible under section 119; (ii) at least 25 percent shall be available only for purposes eligible under section 148; and (iii) any remaining funds may be obligated for activities eligible under chapter 1 and preventative maintenance on the National Highway System. (3)  Effect on apportionments Except as otherwise specifically provided, Puerto Rico shall not be eligible to receive funds apportioned to States under this title. (c)  Territorial Highway Program. (1)  Territory defined In this subsection, the term territory means any of the following territories of the United States: (A) American Samoa. (B) The Commonwealth of the Northern Mariana Islands. (C) Guam. (D) The United States Virgin Islands. (2)  Program. (A)  In general Recognizing the mutual benefits that will accrue to the territories and the United States from the improvement of highways in the territories, the Secretary may carry out a program to assist each government of a territory in the construction and improvement of a system of arterial and collector highways, and necessary inter-island connectors, that is (i) designated by the Governor or chief executive officer of each territory; and (ii) approved by the Secretary. (B)  Federal share The Federal share of Federal financial assistance provided to territories under this subsection shall be in accordance with section 120(g). (3)  Technical assistance. (A)  In general To continue a long-range highway development program, the Secretary may provide technical assistance to the governments of the territories to enable the territories, on a continuing basis (i) to engage in highway planning; (ii) to conduct environmental evaluations; (iii) to administer right-of-way acquisition and relocation assistance programs; and (iv) to design, construct, operate, and maintain a system of arterial and collector highways, including necessary inter-island connectors. (B)  Form and terms of assistance Technical assistance provided under subparagraph (A), and the terms for the sharing of information among territories receiving the technical assistance, shall be included in the agreement required by paragraph (5). (4)  Nonapplicability of certain provisions. (A)  In general Except to the extent that provisions of this chapter are determined by the Secretary to be inconsistent with the needs of the territories and the intent of this subsection, this chapter (other than provisions of this chapter relating to the apportionment and allocation of funds) shall apply to funds made available under this subsection. (B)  Applicable provisions The agreement required by paragraph (5) for each territory shall identify the sections of this chapter that are applicable to that territory and the extent of the applicability of those sections. (5)  Agreement. (A)  In general Except as provided in subparagraph (D), none of the funds made available under this subsection shall be available for obligation or expenditure with respect to any territory until the chief executive officer of the territory has entered into an agreement (including an agreement entered into under section 215 as in effect on the day before the enactment of this section) with the Secretary providing that the government of the territory shall (i) implement the program in accordance with applicable provisions of this chapter and paragraph (4); (ii) design and construct a system of arterial and collector highways, including necessary inter-island connectors, in accordance with standards that are (I) appropriate for each territory; and (II) approved by the Secretary; (iii) provide for the maintenance of facilities constructed or operated under this subsection in a condition to adequately serve the needs of present and future traffic; and (iv) implement standards for traffic operations and uniform traffic control devices that are approved by the Secretary. (B)  Technical assistance The agreement required by subparagraph (A) shall (i) specify the kind of technical assistance to be provided under the program; (ii) include appropriate provisions regarding information sharing among the territories; and (iii) delineate the oversight role and responsibilities of the territories and the Secretary. (C)  Review and revision of agreement The agreement entered into under subparagraph (A) shall be reevaluated and, as necessary, revised, at least every 2 years. (D)  Existing agreements With respect to an agreement under this subsection or an agreement entered into under section 215 of this title (i) the agreement shall continue in force until replaced by an agreement entered into in accordance with subparagraph (A); and (ii) amounts made available under this subsection under the existing agreement shall be available for obligation or expenditure so long as the agreement, or the existing agreement entered into under subparagraph (A), is in effect. (6)  Eligible uses of funds. (A)  In general Funds made available under this subsection may be used only for the following projects and activities carried out in a territory: (i) Eligible surface transportation block grant program projects described in section 133(b). (ii) Cost-effective, preventive maintenance consistent with section 116(e). (iii) Ferry boats, terminal facilities, and approaches, in accordance with subsections (b) and (c) of section 129. (iv) Engineering and economic surveys and investigations for the planning, and the financing, of future highway programs. (v) Studies of the economy, safety, and convenience of highway use. (vi) The regulation and equitable taxation of highway use. (vii) Such research and development as are necessary in connection with the planning, design, and maintenance of the highway system. (B)  Prohibition on use of funds for routine maintenance None of the funds made available under this subsection shall be obligated or expended for routine maintenance. (7)  Location of projects Territorial highway program projects (other than those described in paragraphs (1), (2), (3), and (5) of section 133(c) and section 133(b)(13)) may not be undertaken on roads functionally classified as local. (Added Pub. L. 10959, title I,  1120(a) Aug. 10, 2005 119 Stat. 1191 Pub. L. 112141, div. A, title I,  1114(a) July 6, 2012 126 Stat. 464 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1343 Pub. L. 11758, div. A, title I,  11126 Nov. 15, 2021 135 Stat. 506  Editorial Notes  References in Text Section 215 as in effect on the day before the enactment of this section and section 215 of this title section 215 of this title Pub. L. 112141 July 6, 2012 Amendments 2021Subsec. (a). Pub. L. 11758,  11126(1) (1) $158,000,000 shall be for the Puerto Rico highway program under subsection (b); and (2) $42,000,000 shall be for the territorial highway program under subsection (c). Subsec. (b)(2)(C)(iii). Pub. L. 11758,  11126(2) Subsec. (c)(7). Pub. L. 11758,  11126(3) 2015Subsec. (a)(1). Pub. L. 11494,  1115(1) Subsec. (a)(2). Pub. L. 11494,  1115(2) Subsecs. (b)(2)(A)(ii), (c)(6)(A)(i). Pub. L. 11494,  1109(c)(5) Subsec. (c)(7). Pub. L. 11494,  1446(a)(11) 2012 Pub. L. 112141 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  166. HOV facilities (a)  In General. (1)  Authority of public authorities A public authority that has jurisdiction over the operation of a HOV facility shall establish the occupancy requirements of vehicles operating on the facility. (2)  Occupancy requirement Except as otherwise provided by this section, no fewer than two occupants per vehicle may be required for use of a HOV facility. (b)  Exceptions. (1)  In general Notwithstanding the occupancy requirement of subsection (a)(2), the exceptions in paragraphs (2) through (5) shall apply with respect to a public authority operating a HOV facility. (2)  Motorcycles and bicycles. (A)  In general Subject to subparagraph (B), the public authority shall allow motorcycles and bicycles to use the HOV facility. (B)  Safety exception (i)  In general A public authority may restrict use of the HOV facility by motorcycles or bicycles (or both) if the authority certifies to the Secretary that such use would create a safety hazard and the Secretary accepts the certification. (ii)  Acceptance of certification The Secretary may accept a certification under this subparagraph only after the Secretary publishes notice of the certification in the Federal Register and provides an opportunity for public comment. (3)  Public transportation vehicles The public authority may allow public transportation vehicles to use the HOV facility if the authority (A) establishes requirements for clearly identifying the vehicles; (B) establishes procedures for enforcing the restrictions on the use of the facility by the vehicles; and (C) provides equal access under the same rates, terms, and conditions for all public transportation vehicles and over-the-road buses serving the public. (4)  High occupancy toll vehicles The public authority may allow vehicles not otherwise exempt pursuant to this subsection to use the HOV facility if the operators of the vehicles pay a toll charged by the authority for use of the facility and the authority (A) establishes a program that addresses how motorists can enroll and participate in the toll program; (B) develops, manages, and maintains a system that will automatically collect the toll; and (C) establishes policies and procedures to (i) manage the demand to use the facility by varying the toll amount that is charged; (ii) enforce violations of use of the facility; and (iii) ensure that over-the-road buses serving the public are provided access to the facility under the same rates, terms, and conditions as public transportation buses. (5)  Low emission and energy-efficient vehicles. (A)  Special rule Before September 30, 2025 (i) alternative fuel vehicles; and (ii) any motor vehicle described in section 30D(d)(1) of the Internal Revenue Code of 1986. (B)  Other low emission and energy-efficient vehicles Before September 30, 2019 (i) establishes a program that addresses the selection of vehicles under this paragraph; and (ii) establishes procedures for enforcing the restrictions on the use of the facility by the vehicles. (C)  Amount of tolls Under this paragraph, a public authority may charge no toll or may charge a toll that is less than or equal to tolls charged under paragraph (4). (6)  Blood transport vehicles The public authority may allow blood transport vehicles that are transporting blood between a collection point and a hospital or storage center to use the HOV facility if the public authority establishes requirements for clearly identifying such vehicles. (c)  Requirements Applicable to Tolls. (1)  In general Notwithstanding section 301, tolls may be charged under paragraphs (4) and (5) of subsection (b), subject to the requirements of section 129. (2)  Toll revenue Toll revenue collected under this section is subject to the requirements of section 129(a)(3). (d) HOV Facility Management, Operation, Monitoring, and Enforcement. (1)  In general A public authority that allows vehicles to use a HOV facility under paragraph (4) or (5) of subsection (b) shall submit to the Secretary a report demonstrating that the facility is not already degraded, and that the presence of the vehicles will not cause the facility to become degraded, and certify to the Secretary that the authority will carry out the following responsibilities with respect to the facility: (A) Establishing, managing, and supporting a performance monitoring, evaluation, and reporting program for the facility that provides for continuous monitoring, assessment, and reporting on the impacts that the vehicles may have on the operation of the facility and adjacent highways and submitting to the Secretary annual reports of those impacts. (B) Establishing, managing, and supporting an enforcement program that ensures that the facility is being operated in accordance with the requirements of this section. (C) Limiting or discontinuing the use of the facility by the vehicles whenever the operation of the facility is degraded. (D)  Maintenance of operating performance. (i)  Submission of plan Not later than 180 days after the date on which a facility is degraded under paragraph (2), the public authority with jurisdiction over the facility shall submit to the Secretary for approval a plan that details the actions the public authority will take to make significant progress toward bringing the facility into compliance with the minimum average operating speed performance standard through changes to the operation of the facility, including (I) increasing the occupancy requirement for HOV lanes; (II) varying the toll charged to vehicles allowed under subsection (b) to reduce demand; (III) discontinuing allowing non-HOV vehicles to use HOV lanes under subsection (b); or (IV) increasing the available capacity of the HOV facility. (ii)  Notice of approval or disapproval Not later than 60 days after the date of receipt of a plan under clause (i), the Secretary shall provide to the public authority a written notice indicating whether the Secretary has approved or disapproved the plan based on a determination of whether the implementation of the plan will make significant progress toward bringing the HOV facility into compliance with the minimum average operating speed performance standard. (iii)  Annual progress updates Until the date on which the Secretary determines that the public authority has brought the HOV facility into compliance with this subsection, the public authority shall submit annual updates that describe (I) the actions taken to bring the HOV facility into compliance; and (II) the progress made by those actions. (E)  Compliance If the public authority fails to bring a facility into compliance under subparagraph (D), the Secretary shall subject the public authority to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations), until the performance is no longer degraded. (F)  Waiver. (i)  In general Upon the request of a public authority, the Secretary may waive the compliance requirements of subparagraph (E), if the Secretary determines that (I) the waiver is in the best interest of the traveling public; (II) the public authority is meeting the conditions under subparagraph (D); and (III) the public authority has made a good faith effort to improve the performance of the facility. (ii)  Condition The Secretary may require, as a condition of providing a waiver under this subparagraph, that a public authority take additional actions, as determined by the Secretary, to maximize the operating speed performance of the facility, even if such performance is below the level set under paragraph (2). (2)  Degraded facility. (A)  Definition of minimum average operating speed In this paragraph, the term minimum average operating speed means (i) 45 miles per hour, in the case of a HOV facility with a speed limit of 50 miles per hour or greater; and (ii) not more than 10 miles per hour below the speed limit, in the case of a HOV facility with a speed limit of less than 50 miles per hour. (B)  Standard for determining degraded facility For purposes of paragraph (1), the operation of a HOV facility shall be considered to be degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed 90 percent of the time over a consecutive 180-day period during morning or evening weekday peak hour periods (or both). (C)  Management of low emission and energy-efficient vehicles In managing the use of HOV lanes by low emission and energy-efficient vehicles that do not meet applicable occupancy requirements, a public authority may increase the percentages described in subsection (f)(3)(B)(i). (e)  Certification of Low Emission and Energy-Efficient Vehicles Not later than 180 days after the date of enactment of this section, the Administrator of the Environmental Protection Agency shall (1) issue a final rule establishing requirements for certification of vehicles as low emission and energy-efficient vehicles for purposes of this section and requirements for the labeling of the vehicles; and (2) establish guidelines and procedures for making the vehicle comparisons and performance calculations described in subsection (f)(3)(B), in accordance with section 32908(b) of title 49 (f)  Definitions In this section, the following definitions apply: (1)  Alternative fuel vehicle The term alternative fuel vehicle means a vehicle that is solely operating on (A) methanol, denatured ethanol, or other alcohols; (B) a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels; (C) natural gas; (D) liquefied petroleum gas; (E) hydrogen; (F) coal derived liquid fuels; (G) fuels (except alcohol) derived from biological materials; (H) electricity (including electricity from solar energy); or (I) any other fuel that the Secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits, including fuels regulated under section 490 of title 10 (2) HOV facility The term HOV facility means a high occupancy vehicle facility. (3)  Low emission and energy-efficient vehicle The term low emission and energy-efficient vehicle means a vehicle that (A) has been certified by the Administrator as meeting the Tier II emission level established in regulations prescribed by the Administrator under section 202(i) of the Clean Air Act ( 42 U.S.C. 7521(i) (B) (i) is certified by the Administrator of the Environmental Protection Agency, in consultation with the manufacturer, to have achieved not less than a 50-percent increase in city fuel economy or not less than a 25-percent increase in combined city-highway fuel economy (or such greater percentage of city or city-highway fuel economy as may be determined by a State under subsection (d)(2)(C)) relative to a comparable vehicle that is an internal combustion gasoline fueled vehicle (other than a vehicle that has propulsion energy from onboard hybrid sources); or (ii) is an alternative fuel vehicle. (4)  Over-the-road bus The term over-the-road bus has the meaning given the term in section 301 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 (5)  Public authority The term public authority as used with respect to a HOV facility, means a State, interstate compact of States, public entity designated by a State, or local government having jurisdiction over the operation of the facility. (6)  Public transportation vehicle The term public transportation vehicle means a vehicle that (A) provides designated public transportation (as defined in section 221 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12141 (B) (i) is owned or operated by a public entity; (ii) is operated under a contract with a public entity; or (iii) is operated pursuant to a license by the Secretary or a public authority to provide motorbus or school vehicle transportation services to the public. (g)  Consultation of MPO If a HOV facility charging tolls under paragraph (4) or (5) of subsection (b) is on the Interstate System and located in a metropolitan planning area established in accordance with section 134, the public authority shall consult with the metropolitan planning organization for the area concerning the placement and amount of tolls on the facility. (Added Pub. L. 10959, title I,  1121(a) Aug. 10, 2005 119 Stat. 1192 Pub. L. 110244, title I,  101(p) June 6, 2008 122 Stat. 1576 Pub. L. 112141, div. A, title I,  1514 July 6, 2012 126 Stat. 572 Pub. L. 11494, div. A, title I,  1411(b) Dec. 4, 2015 129 Stat. 1413 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 607  Editorial Notes  References in Text Section 30D(d)(1) of the Internal Revenue Code of 1986, referred to in subsec. (b)(5)(A)(ii), is classified to section 30D(d)(1) of Title 26 The date of enactment of this section, referred to in subsec. (e), is the date of enactment of Pub. L. 10959 Aug. 10, 2005 Amendments 2021Subsec. (a)(1). Pub. L. 11758,  11525(k) Subsec. (b)(6). Pub. L. 11758,  11527 2015 Pub. L. 11494,  1411(b)(1) Subsec. (a)(1). Pub. L. 11494,  1411(b)(2) Subsec. (b). Pub. L. 11494,  1411(b)(3)(A) Subsec. (b)(3)(C). Pub. L. 11494,  1411(b)(3)(B) Subsec. (b)(4)(C)(iii). Pub. L. 11494,  1411(b)(3)(C) Subsec. (b)(5)(A). Pub. L. 11494,  1411(b)(3)(D)(i) September 30, 2017 Subsec. (b)(5)(B). Pub. L. 11494,  1411(b)(3)(D)(ii) Subsec. (c)(1). Pub. L. 11494,  1411(b)(4)(A) Subsec. (c)(2), (3). Pub. L. 11494,  1411(b)(4)(B) Subsec. (d)(1). Pub. L. 11494,  1411(b)(5)(A) Subsec. (d)(1)(D) to (F). Pub. L. 11494,  1411(b)(5)(B) Subsec. (d)(2)(C). Pub. L. 11494,  1411(b)(5)(A) Subsec. (f)(1). Pub. L. 11494,  1411(b)(6)(A) Subsec. (f)(4). Pub. L. 11494,  1411(b)(6)(E) Subsec. (f)(4)(B)(iii). Pub. L. 11494,  1411(b)(6)(B) Subsec. (f)(5). Pub. L. 11494,  1411(b)(6)(C) (A) In general (B) Inclusion Subsec. (f)(6). Pub. L. 11494,  1411(b)(6)(D) Subsec. (g). Pub. L. 11494,  1411(b)(7) 2012Subsec. (b)(5)(A), (B). Pub. L. 112141,  1514(1)(A) Subsec. (b)(5)(C). Pub. L. 112141,  1514(1)(C) Subsec. (c)(3). Pub. L. 112141,  1514(2) Subsec. (d)(1). Pub. L. 112141,  1514(3)(A) Subsec. (d)(1)(A). Pub. L. 112141,  1514(3)(B) Subsec. (d)(1)(C). Pub. L. 112141,  1514(3)(C) Subsec. (d)(1)(D), (E). Pub. L. 112141,  1514(3)(D) 2008Subsec. (b)(5)(C). Pub. L. 110244 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  167. National highway freight program (a)  In General. (1)  Policy It is the policy of the United States to improve the condition and performance of the National Highway Freight Network established under this section to ensure that the Network provides the foundation for the United States to compete in the global economy and achieve the goals described in subsection (b). (2)  Establishment In support of the goals described in subsection (b), the Administrator of the Federal Highway Administration shall establish a national highway freight program in accordance with this section to improve the efficient movement of freight on the National Highway Freight Network. (b)  Goals The goals of the national highway freight program are (1) to invest in infrastructure improvements and to implement operational improvements on the highways of the United States that (A) strengthen the contribution of the National Highway Freight Network to the economic competitiveness of the United States; (B) reduce congestion and bottlenecks on the National Highway Freight Network; (C) reduce the cost of freight transportation; (D) improve the year-round reliability of freight transportation; and (E) increase productivity, particularly for domestic industries and businesses that create high-value jobs; (2) to improve the safety, security, efficiency, and resiliency of freight transportation in rural and urban areas; (3) to improve the state of good repair of the National Highway Freight Network; (4) to use innovation and advanced technology to improve the safety, efficiency, and reliability of the National Highway Freight Network; (5) to improve the efficiency and productivity of the National Highway Freight Network; (6) to improve the flexibility of States to support multi-State corridor planning and the creation of multi-State organizations to increase the ability of States to address highway freight connectivity; and (7) to reduce the environmental impacts of freight movement on the National Highway Freight Network. (c)  Establishment of National Highway Freight Network. (1)  In general The Administrator shall establish a National Highway Freight Network in accordance with this section to strategically direct Federal resources and policies toward improved performance of the Network. (2)  Network components The National Highway Freight Network shall consist of (A) the primary highway freight system, as designated under subsection (d); (B) critical rural freight corridors established under subsection (e); (C) critical urban freight corridors established under subsection (f); and (D) the portions of the Interstate System not designated as part of the primary highway freight system. (d)  Designation and Redesignation of the Primary Highway Freight System (1)  Initial designation of primary highway freight system The initial designation of the primary highway freight system shall be the 41,518-mile network identified during the designation process for the primary freight network under section 167(d) of this title (2)  Redesignation of primary highway freight system. (A)  In general Beginning 5 years after the date of enactment of the FAST Act, and every 5 years thereafter, using the designation factors described in subparagraph (E), the Administrator shall redesignate the primary highway freight system. (B)  Redesignation mileage Each redesignation may increase the mileage on the primary highway freight system by not more than 3 percent of the total mileage of the system. (C)  Use of measurable data In redesignating the primary highway freight system, to the maximum extent practicable, the Administrator shall use measurable data to assess the significance of goods movement, including consideration of points of origin, destinations, and linking components of the United States global and domestic supply chains. (D)  Input In redesignating the primary highway freight system, the Administrator shall provide an opportunity for State freight advisory committees, as applicable, to submit additional miles for consideration. (E)  Factors for redesignation In redesignating the primary highway freight system, the Administrator shall consider (i) changes in the origins and destinations of freight movement in, to, and from the United States; (ii) changes in the percentage of annual daily truck traffic in the annual average daily traffic on principal arterials; (iii) changes in the location of key facilities; (iv) land and water ports of entry; (v) access to energy exploration, development, installation, or production areas; (vi) access to other freight intermodal facilities, including rail, air, water, and pipelines facilities; (vii) the total freight tonnage and value moved via highways; (viii) significant freight bottlenecks, as identified by the Administrator; (ix) the significance of goods movement on principal arterials, including consideration of global and domestic supply chains; (x) critical emerging freight corridors and critical commerce corridors; and (xi) network connectivity. (e)  Critical Rural Freight Corridors. (1)  In general A State may designate a public road within the borders of the State as a critical rural freight corridor if the public road is not in an urbanized area and (A) is a rural principal arterial roadway and has a minimum of 25 percent of the annual average daily traffic of the road measured in passenger vehicle equivalent units from trucks (Federal Highway Administration vehicle class 8 to 13); (B) provides access to energy exploration, development, installation, or production areas; (C) connects the primary highway freight system, a roadway described in subparagraph (A) or (B), or the Interstate System to facilities that handle more than (i) 50,000 20-foot equivalent units per year; or (ii) 500,000 tons per year of bulk commodities; (D) provides access to (i) a grain elevator; (ii) an agricultural facility; (iii) a mining facility; (iv) a forestry facility; or (v) an intermodal facility; (E) connects to an international port of entry; (F) provides access to significant air, rail, water, or other freight facilities in the State; or (G) is, in the determination of the State, vital to improving the efficient movement of freight of importance to the economy of the State. (2)  Limitation A State may designate as critical rural freight corridors a maximum of 300 miles of highway or 20 percent of the primary highway freight system mileage in the State, whichever is greater. (3)  Rural states Notwithstanding paragraph (2), a State with a population per square mile of area that is less than the national average, based on the 2010 census, may designate as critical rural freight corridors a maximum of 600 miles of highway or 25 percent of the primary highway freight system mileage in the State, whichever is greater. (f)  Critical Urban Freight Corridors. (1)  Urbanized area with population of 500,000 or more In an urbanized area with a population of 500,000 or more individuals, the representative metropolitan planning organization, in consultation with the State, may designate a public road within the borders of that area of the State as a critical urban freight corridor. (2)  Urbanized area with a population less than 500,000 In an urbanized area with a population of less than 500,000 individuals, the State, in consultation with the representative metropolitan planning organization, may designate a public road within the borders of that area of the State as a critical urban freight corridor. (3)  Requirements for designation A designation may be made under paragraph (1) or (2) if the public road (A) is in an urbanized area, regardless of population; and (B) (i) connects an intermodal facility to (I) the primary highway freight system; (II) the Interstate System; or (III) an intermodal freight facility; (ii) is located within a corridor of a route on the primary highway freight system and provides an alternative highway option important to goods movement; (iii) serves a major freight generator, logistic center, or manufacturing and warehouse industrial land; or (iv) is important to the movement of freight within the region, as determined by the metropolitan planning organization or the State. (4)  Limitation For each State, a maximum of 150 miles of highway or 10 percent of the primary highway freight system mileage in the State, whichever is greater, may be designated as a critical urban freight corridor under paragraphs (1) and (2). (g)  Designation and Certification. (1)  Designation States and metropolitan planning organizations may designate corridors under subsections (e) and (f) and submit the designated corridors to the Administrator on a rolling basis. (2)  Certification Each State or metropolitan planning organization that designates a corridor under subsection (e) or (f) shall certify to the Administrator that the designated corridor meets the requirements of the applicable subsection. (h)  Use of Apportioned Funds. (1)  In general A State shall obligate funds apportioned to the State under section 104(b)(5) to improve the movement of freight on the National Highway Freight Network. (2)  Formula The Administrator shall calculate for each State the proportion that (A) the total mileage in the State designated as part of the primary highway freight system; bears to (B) the total mileage of the primary highway freight system in all States. (3)  Use of funds. (A)  States with high primary highway freight system mileage If the proportion of a State under paragraph (2) is greater than or equal to 2 percent, the State may obligate funds apportioned to the State under section 104(b)(5) for projects on (i) the primary highway freight system; (ii) critical rural freight corridors; and (iii) critical urban freight corridors. (B)  States with low primary highway freight system mileage If the proportion of a State under paragraph (2) is less than 2 percent, the State may obligate funds apportioned to the State under section 104(b)(5) for projects on any component of the National Highway Freight Network. (4)  Freight planning Notwithstanding any other provision of law, effective beginning 2 years after the date of enactment of the FAST Act, a State may not obligate funds apportioned to the State under section 104(b)(5) unless the State has developed a freight plan in accordance with section 70202 of title 49 (5)  Eligibility. (A)  In general Except as provided in this subsection, for a project to be eligible for funding under this section the project shall (i) contribute to the efficient movement of freight on the National Highway Freight Network; and (ii) be identified in a freight investment plan included in a freight plan of the State that is in effect. (B)  Other projects For each fiscal year, a State may obligate not more than 30 percent of the total apportionment of the State under section 104(b)(5) for freight intermodal or freight rail projects, including projects (i) within the boundaries of public or private freight rail or water facilities (including ports); (ii) that provide surface transportation infrastructure necessary to facilitate direct intermodal interchange, transfer, and access into or out of the facility; (iii) for the modernization or rehabilitation of a lock and dam, if the Secretary determines that the project (I) is functionally connected to the National Highway Freight Network; and (II) is likely to reduce on-road mobile source emissions; and (iv) on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (I) is functionally connected to the National Highway Freight Network; and (II) is likely to reduce on-road mobile source emissions. (C)  Eligible projects Funds apportioned to the State under section 104(b)(5) for the national highway freight program may be obligated to carry out 1 or more of the following: (i) Development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities. (ii) Construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to land), construction contingencies, acquisition of equipment, and operational improvements directly relating to improving system performance. (iii) Intelligent transportation systems and other technology to improve the flow of freight, including intelligent freight transportation systems. (iv) Efforts to reduce the environmental impacts of freight movement. (v) Environmental and community mitigation for freight movement. (vi) Railway-highway grade separation. (vii) Geometric improvements to interchanges and ramps. (viii) Truck-only lanes. (ix) Climbing and runaway truck lanes. (x) Adding or widening of shoulders. (xi) Truck parking facilities eligible for funding under section 1401 of MAP21 ( 23 U.S.C. 137 (xii) Real-time traffic, truck parking, roadway condition, and multimodal transportation information systems. (xiii) Electronic screening and credentialing systems for vehicles, including weigh-in-motion truck inspection technologies. (xiv) Traffic signal optimization, including synchronized and adaptive signals. (xv) Work zone management and information systems. (xvi) Highway ramp metering. (xvii) Electronic cargo and border security technologies that improve truck freight movement. (xviii) Intelligent transportation systems that would increase truck freight efficiencies inside the boundaries of intermodal facilities. (xix) Additional road capacity to address highway freight bottlenecks. (xx) Physical separation of passenger vehicles from commercial motor freight. (xxi) Enhancement of the resiliency of critical highway infrastructure, including highway infrastructure that supports national energy security, to improve the flow of freight. (xxii) A highway or bridge project, other than a project described in clauses (i) through (xxi), to improve the flow of freight on the National Highway Freight Network. (xxiii) Any other surface transportation project to improve the flow of freight into and out of a facility described in subparagraph (B). (6)  Other eligible costs In addition to the eligible projects identified in paragraph (5), a State may use funds apportioned under section 104(b)(5) for (A) carrying out diesel retrofit or alternative fuel projects under section 149 for class 8 vehicles; and (B) the necessary costs of (i) conducting analyses and data collection related to the national highway freight program; (ii) developing and updating performance targets to carry out this section; and (iii) reporting to the Administrator to comply with the freight performance target under section 150. (7)  Applicability of planning requirements Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135. (i)  State Performance Targets If the Administrator determines that a State has not met or made significant progress toward meeting the performance targets related to freight movement of the State established under section 150(d) by the date that is 2 years after the date of the establishment of the performance targets, the State shall include in the next report submitted under section 150(e) a description of the actions the State will undertake to achieve the targets, including (1) an identification of significant freight system trends, needs, and issues within the State; (2) a description of the freight policies and strategies that will guide the freight-related transportation investments of the State; (3) an inventory of freight bottlenecks within the State and a description of the ways in which the State is allocating national highway freight program funds to improve those bottlenecks; and (4) a description of the actions the State will undertake to meet the performance targets of the State. (j)  Intelligent Freight Transportation System. (1)  Definition of intelligent freight transportation system In this section, the term intelligent freight transportation system means (A) innovative or intelligent technological transportation systems, infrastructure, or facilities, including elevated freight transportation facilities (i) in proximity to, or within, an existing right of way on a Federal-aid highway; or (ii) that connect land ports-of entry 1 1 (B) communications or information processing systems that improve the efficiency, security, or safety of freight movements on the Federal-aid highway system, including to improve the conveyance of freight on dedicated intelligent freight lanes. (2)  Operating standards The Administrator shall determine whether there is a need for establishing operating standards for intelligent freight transportation systems. (k)  Treatment of Freight Projects Notwithstanding any other provision of law, a freight project carried out under this section shall be treated as if the project were on a Federal-aid highway. (Added Pub. L. 112141, div. A, title I,  1115(a) July 6, 2012 126 Stat. 468 Pub. L. 11494, div. A, title I,  1116(a) Dec. 4, 2015 129 Stat. 1349 Pub. L. 11758, div. A, title I,  11114 Nov. 15, 2021 135 Stat. 479  Editorial Notes  References in Text The date of enactment of the FAST Act, referred to in subsecs. (d)(1), (2)(A) and (h)(4), is the date of enactment of Pub. L. 11494 Dec. 4, 2015 Amendments 2021Subsec. (e)(2). Pub. L. 11758,  11114(1)(A) Subsec. (e)(3). Pub. L. 11758,  11114(1)(B) Subsec. (f)(4). Pub. L. 11758,  11114(2) Subsecs. (h), (i). Pub. L. 11758,  13006(f) Subsec. (i)(5)(B). Pub. L. 11758,  11114(3)(A) Subsec. (i)(5)(B)(iii), (iv). Pub. L. 11758,  11114(3)(B) Subsecs. (j) to ( l Pub. L. 11758,  13006(f)(2) l 2015 Pub. L. 11494 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date Section effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Freight Movement Projects, Advisory Committees, and Plans Pub. L. 112141, div. A, title I July 6, 2012 126 Stat. 472 Pub. L. 11494, div. A, title I,  1116(c) Dec. 4, 2015 129 Stat. 1356  168. Integration of planning and environmental review (a)  Definitions In this section, the following definitions apply: (1)  Environmental review process The term environmental review process has the meaning given the term in section 139(a). (2)  Lead agency The term lead agency has the meaning given the term in section 139(a). (3)  Planning product The term planning product means a decision, analysis, study, or other documented information that is the result of an evaluation or decisionmaking process carried out by a metropolitan planning organization or a State, as appropriate, during metropolitan or statewide transportation planning under section 134 or 135, respectively. (4)  Project The term project has the meaning given the term in section 139(a). (5)  Project sponsor The term project sponsor has the meaning given the term in section 139(a). (6)  Relevant agency The term relevant agency means the agency with authority under subparagraph (A) or (B) of subsection (b)(1). (b)  Adoption or Incorporation by Reference of Planning Products for Use in NEPA Proceedings. (1)  In general Subject to subsection (d) and to the maximum extent practicable and appropriate, the following agencies may adopt or incorporate by reference and use a planning product in proceedings relating to any class of action in the environmental review process of the project: (A) The lead agency for a project, with respect to an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B) The cooperating agency with responsibility under Federal law, with respect to the process for and completion of any environmental permit, approval, review, or study required for a project under any Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (2)  Identification If the relevant agency makes a determination to adopt or incorporate by reference and use a planning product, the relevant agency shall identify the agencies that participated in the development of the planning products. (3)  Adoption or incorporation by reference of planning products The relevant agency may (A) adopt or incorporate by reference an entire planning product under paragraph (1); or (B) select portions of a planning project under paragraph (1) for adoption or incorporation by reference. (4)  Timing A determination under paragraph (1) with respect to the adoption or incorporation by reference of a planning product may (A) be made at the time the relevant agencies decide the appropriate scope of environmental review for the project; or (B) occur later in the environmental review process, as appropriate. (c)  Applicability. (1)  Planning decisions The relevant agency in the environmental review process may adopt or incorporate by reference decisions from a planning product, including (A) whether tolling, private financial assistance, or other special financial measures are necessary to implement the project; (B) a decision with respect to general travel corridor or modal choice, including a decision to implement corridor or subarea study recommendations to advance different modal solutions as separate projects with independent utility; (C) the purpose and the need for the proposed action; (D) preliminary screening of alternatives and elimination of unreasonable alternatives; (E) a basic description of the environmental setting; (F) a decision with respect to methodologies for analysis; and (G) an identification of programmatic level mitigation for potential impacts of a project, including a programmatic mitigation plan developed in accordance with section 169, that the relevant agency determines are more effectively addressed on a national or regional scale, including (i) measures to avoid, minimize, and mitigate impacts at a national or regional scale of proposed transportation investments on environmental resources, including regional ecosystem and water resources; and (ii) potential mitigation activities, locations, and investments. (2)  Planning analyses The relevant agency in the environmental review process may adopt or incorporate by reference analyses from a planning product, including (A) travel demands; (B) regional development and growth; (C) local land use, growth management, and development; (D) population and employment; (E) natural and built environmental conditions; (F) environmental resources and environmentally sensitive areas; (G) potential environmental effects, including the identification of resources of concern and potential direct, indirect, and cumulative effects on those resources; and (H) mitigation needs for a proposed project, or for programmatic level mitigation, for potential effects that the lead agency determines are most effectively addressed at a regional or national program level. (d)  Conditions The relevant agency in the environmental review process may adopt or incorporate by reference a planning product under this section if the relevant agency determines, with the concurrence of the lead agency and, if the planning product is necessary for a cooperating agency to issue a permit, review, or approval for the project, with the concurrence of the cooperating agency, that the following conditions have been met: (1) The planning product was developed through a planning process conducted pursuant to applicable Federal law. (2) The planning product was developed in consultation with appropriate Federal and State resource agencies and Indian tribes. (3) The planning process included broad multidisciplinary consideration of systems-level or corridor-wide transportation needs and potential effects, including effects on the human and natural environment. (4) The planning process included public notice that the planning products produced in the planning process may be adopted during a subsequent environmental review process in accordance with this section. (5) During the environmental review process, the relevant agency has (A) made the planning documents available for public review and comment by members of the general public and Federal, State, local, and tribal governments that may have an interest in the proposed project; (B) provided notice of the intention of the relevant agency to adopt or incorporate by reference the planning product; and (C) considered any resulting comments. (6) There is no significant new information or new circumstance that has a reasonable likelihood of affecting the continued validity or appropriateness of the planning product. (7) The planning product has a rational basis and is based on reliable and reasonably current data and reasonable and scientifically acceptable methodologies. (8) The planning product is documented in sufficient detail to support the decision or the results of the analysis and to meet requirements for use of the information in the environmental review process. (9) The planning product is appropriate for adoption or incorporation by reference and use in the environmental review process for the project and is incorporated in accordance with, and is sufficient to meet the requirements of, the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (10) The planning product was approved within the 5-year period ending on the date on which the information is adopted or incorporated by reference. (e)  Effect of Adoption or Incorporation by Reference Any planning product adopted or incorporated by reference by the relevant agency in accordance with this section may be (1) incorporated directly into an environmental review process document or other environmental document; and (2) relied on and used by other Federal agencies in carrying out reviews of the project. (f)  Rules of Construction. (1)  In general This section does not make the environmental review process applicable to the transportation planning process conducted under this title and chapter 53 of title 49. (2)  Transportation planning activities Initiation of the environmental review process as a part of, or concurrently with, transportation planning activities does not subject transportation plans and programs to the environmental review process. (3)  Planning products This section does not affect the use of planning products in the environmental review process pursuant to other authorities under any other provision of law or restrict the initiation of the environmental review process during planning. (Added Pub. L. 112141, div. A, title I,  1310(a) July 6, 2012 126 Stat. 540 Pub. L. 11494, div. A, title I,  1305 Dec. 4, 2015 129 Stat. 1386  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsecs. (b)(1) and (d)(9), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The date of enactment of the FAST Act, referred to in subsec. (d)(9), is the date of enactment of Pub. L. 11494 Dec. 4, 2015 Amendments 2015 Pub. L. 11494 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date Section effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  169. Development of programmatic mitigation plans (a)  In General As part of the statewide or metropolitan transportation planning process, a State or metropolitan planning organization may develop 1 or more programmatic mitigation plans to address the potential environmental impacts of future transportation projects. (b)  Scope (1)  Scale A programmatic mitigation plan may be developed on a regional, ecosystem, watershed, or statewide scale. (2)  Resources The plan may encompass multiple environmental resources within a defined geographic area or may focus on a specific resource, such as aquatic resources, parkland, or wildlife habitat. (3)  Project impacts The plan may address impacts from all projects in a defined geographic area or may focus on a specific type of project. (4)  Consultation The scope of the plan shall be determined by the State or metropolitan planning organization, as appropriate, in consultation with the agency or agencies with jurisdiction over the resources being addressed in the mitigation plan. (c)  Contents A programmatic mitigation plan may include (1) an assessment of the condition of environmental resources in the geographic area covered by the plan, including an assessment of recent trends and any potential threats to those resources; (2) an assessment of potential opportunities to improve the overall quality of environmental resources in the geographic area covered by the plan, through strategic mitigation for impacts of transportation projects; (3) standard measures for mitigating certain types of impacts; (4) parameters for determining appropriate mitigation for certain types of impacts, such as mitigation ratios or criteria for determining appropriate mitigation sites; (5) adaptive management procedures, such as protocols that involve monitoring predicted impacts over time and adjusting mitigation measures in response to information gathered through the monitoring; and (6) acknowledgment of specific statutory or regulatory requirements that must be satisfied when determining appropriate mitigation for certain types of resources. (d)  Process Before adopting a programmatic mitigation plan, a State or metropolitan planning organization shall (1) consult with each agency with jurisdiction over the environmental resources considered in the programmatic mitigation plan; (2) make a draft of the plan available for review and comment by applicable environmental resource agencies and the public; (3) consider any comments received from such agencies and the public on the draft plan; and (4) address such comments in the final plan. (e)  Integration With Other Plans A programmatic mitigation plan may be integrated with other plans, including watershed plans, ecosystem plans, species recovery plans, growth management plans, and land use plans. (f)  Consideration in Project Development and Permitting If a programmatic mitigation plan has been developed pursuant to this section, any Federal agency responsible for environmental reviews, permits, or approvals for a transportation project shall give substantial weight to the recommendations in a programmatic mitigation plan when carrying out the responsibilities under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (g)  Preservation of Existing Authorities Nothing in this section limits the use of programmatic approaches to reviews under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (Added Pub. L. 112141, div. A, title I,  1311(a) July 6, 2012 126 Stat. 543 Pub. L. 11494, div. A, title I,  1306 Dec. 4, 2015 129 Stat. 1389  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsecs. (f) and (g), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Amendments 2015Subsec. (f). Pub. L. 11494 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date Section effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  170. Funding flexibility for transportation emergencies (a)  In General Notwithstanding any other provision of law, a State may use up to 100 percent of any covered funds of the State to repair or replace a transportation facility that has suffered serious damage as a result of a natural disaster or catastrophic failure from an external cause. (b)  Declaration of Emergency Funds may be used under this section only for a disaster or emergency declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 (c)  Repayment Funds used under subsection (a) shall be repaid to the program from which the funds were taken in the event that such repairs or replacement are subsequently covered by a supplemental appropriation of funds. (d)  Definitions In this section, the following definitions apply: (1)  Covered funds The term covered funds means any amounts apportioned to a State under section 104(b), other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d), but including any such amounts required to be set aside for a purpose other than the repair or replacement of a transportation facility under this section. (2)  Transportation facility The term transportation facility means any facility eligible for assistance under section 125. (Added Pub. L. 112141, div. A, title I,  1515(a) July 6, 2012 126 Stat. 573  Editorial Notes  References in Text The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b), is Pub. L. 93288 May 22, 1974 88 Stat. 143 section 5121 of Title 42 Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  171. Wildlife crossings pilot program (a)  Finding Congress finds that greater adoption of wildlife-vehicle collision safety countermeasures is in the public interest because (1) according to the report of the Federal Highway Administration entitled Wildlife-Vehicle Collision Reduction Study, there are more than 1,000,000 wildlife-vehicle collisions every year; (2) wildlife-vehicle collisions (A) present a danger to (i) human safety; and (ii) wildlife survival; and (B) represent a persistent concern that results in tens of thousands of serious injuries and hundreds of fatalities on the roadways of the United States; and (3) the total annual cost associated with wildlife-vehicle collisions has been estimated to be $8,388,000,000; and (4) wildlife-vehicle collisions are a major threat to the survival of species, including birds, reptiles, mammals, and amphibians. (b)  Establishment The Secretary shall establish a competitive wildlife crossings pilot program (referred to in this section as the pilot program) to provide grants for projects that seek to achieve (1) a reduction in the number of wildlife-vehicle collisions; and (2) in carrying out the purpose described in paragraph (1), improved habitat connectivity for terrestrial and aquatic species. (c)  Eligible Entities An entity eligible to apply for a grant under the pilot program is (1) a State highway agency, or an equivalent of that agency; (2) a metropolitan planning organization (as defined in section 134(b)); (3) a unit of local government; (4) a regional transportation authority; (5) a special purpose district or public authority with a transportation function, including a port authority; (6) an Indian tribe (as defined in section 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 (7) a Federal land management agency; or (8) a group of any of the entities described in paragraphs (1) through (7). (d)  Applications. (1)  In general To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2)  Requirement If an application under paragraph (1) is submitted by an eligible entity other than an eligible entity described in paragraph (1) or (7) of subsection (c), the application shall include documentation that the State highway agency, or an equivalent of that agency, of the State in which the eligible entity is located was consulted during the development of the application. (3)  Guidance To enhance consideration of current and reliable data, eligible entities may obtain guidance from an agency in the State with jurisdiction over fish and wildlife. (e)  Considerations In selecting grant recipients under the pilot program, the Secretary shall take into consideration the following: (1) Primarily, the extent to which the proposed project of an eligible entity is likely to protect motorists and wildlife by reducing the number of wildlife-vehicle collisions and improve habitat connectivity for terrestrial and aquatic species. (2) Secondarily, the extent to which the proposed project of an eligible entity is likely to accomplish the following: (A) Leveraging Federal investment by encouraging non-Federal contributions to the project, including projects from public-private partnerships. (B) Supporting local economic development and improvement of visitation opportunities. (C) Incorporation of innovative technologies, including advanced design techniques and other strategies to enhance efficiency and effectiveness in reducing wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species. (D) Provision of educational and outreach opportunities. (E) Monitoring and research to evaluate, compare effectiveness of, and identify best practices in, selected projects. (F) Any other criteria relevant to reducing the number of wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species, as the Secretary determines to be appropriate, subject to the condition that the implementation of the pilot program shall not be delayed in the absence of action by the Secretary to identify additional criteria under this subparagraph. (f)  Use of Funds. (1)  In general The Secretary shall ensure that a grant received under the pilot program is used for a project to reduce wildlife-vehicle collisions. (2)  Grant administration. (A)  In general A grant received under the pilot program shall be administered by (i) in the case of a grant to a Federal land management agency or an Indian tribe (as defined in section 207(m)(1), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 (ii) in the case of a grant to an eligible entity other than an eligible entity described in clause (i), the State highway agency, or an equivalent of that agency, for the State in which the project is to be carried out. (B)  Partnerships. (i)  In general A grant received under the pilot program may be used to provide funds to eligible partners of the project for which the grant was received described in clause (ii), in accordance with the terms of the project agreement. (ii)  Eligible partners described The eligible partners referred to in clause (i) include (I) a metropolitan planning organization (as defined in section 134(b)); (II) a unit of local government; (III) a regional transportation authority; (IV) a special purpose district or public authority with a transportation function, including a port authority; (V) an Indian tribe (as defined in section 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 (VI) a Federal land management agency; (VII) a foundation, nongovernmental organization, or institution of higher education; (VIII) a Federal, Tribal, regional, or State government entity; and (IX) a group of any of the entities described in subclauses (I) through (VIII). (3)  Compliance An eligible entity that receives a grant under the pilot program and enters into a partnership described in paragraph (2) shall establish measures to verify that an eligible partner that receives funds from the grant complies with the conditions of the pilot program in using those funds. (g)  Requirement The Secretary shall ensure that not less than 60 percent of the amounts made available for grants under the pilot program each fiscal year are for projects located in rural areas. (h)  Annual Report to Congress. (1)  In general Not later than December 31 of each calendar year, the Secretary shall submit to Congress, and make publicly available, a report describing the activities under the pilot program for the fiscal year that ends during that calendar year. (2)  Contents The report under paragraph (1) shall include (A) a detailed description of the activities carried out under the pilot program; (B) an evaluation of the effectiveness of the pilot program in meeting the purposes described in subsection (b); and (C) policy recommendations to improve the effectiveness of the pilot program. (i)  Treatment of Projects Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter. (Added Pub. L. 11758, div. A, title I,  11123(b)(1) Nov. 15, 2021 135 Stat. 499  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title  172. Wildlife-vehicle collision reduction and habitat connectivity improvement (a)  Study. (1)  In general The Secretary shall conduct a study (referred to in this subsection as the study) of the state, as of the date of the study, of the practice of methods to reduce collisions between motorists and wildlife (referred to in this section as wildlife-vehicle collisions). (2)  Contents. (A)  Areas of study The study shall (i) update and expand on, as appropriate (I) the report entitled Wildlife Vehicle Collision Reduction Study: 2008 Report to Congress; and (II) the document entitled Wildlife Vehicle Collision Reduction Study: Best Practices Manual and dated October 2008; and (ii) include (I) an assessment, as of the date of the study, of (aa) the causes of wildlife-vehicle collisions; (bb) the impact of wildlife-vehicle collisions on motorists and wildlife; and (cc) the impacts of roads and traffic on habitat connectivity for terrestrial and aquatic species; and (II) solutions and best practices for (aa) reducing wildlife-vehicle collisions; and (bb) improving habitat connectivity for terrestrial and aquatic species. (B)  Methods In carrying out the study, the Secretary shall (i) conduct a thorough review of research and data relating to (I) wildlife-vehicle collisions; and (II) habitat fragmentation that results from transportation infrastructure; (ii) survey current practices of the Department of Transportation and State departments of transportation to reduce wildlife-vehicle collisions; and (iii) consult with (I) appropriate experts in the field of wildlife-vehicle collisions; and (II) appropriate experts on the effects of roads and traffic on habitat connectivity for terrestrial and aquatic species. (3)  Report. (A)  In general Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress a report on the results of the study. (B)  Contents The report under subparagraph (A) shall include (i) a description of (I) the causes of wildlife-vehicle collisions; (II) the impacts of wildlife-vehicle collisions; and (III) the impacts of roads and traffic on (aa) species listed as threatened species or endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 (bb) species identified by States as species of greatest conservation need; (cc) species identified in State wildlife plans; and (dd) medium and small terrestrial and aquatic species; (ii) an economic evaluation of the costs and benefits of installing highway infrastructure and other measures to mitigate damage to terrestrial and aquatic species, including the effect on jobs, property values, and economic growth to society, adjacent communities, and landowners; (iii) recommendations for preventing wildlife-vehicle collisions, including recommended best practices, funding resources, or other recommendations for addressing wildlife-vehicle collisions; and (iv) guidance, developed in consultation with Federal land management agencies and State departments of transportation, State fish and wildlife agencies, and Tribal governments that agree to participate, for developing, for each State that agrees to participate, a voluntary joint statewide transportation and wildlife action plan (I) to address wildlife-vehicle collisions; and (II) to improve habitat connectivity for terrestrial and aquatic species. (b)  Workforce Development and Technical Training. (1)  In general Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall, based on the study conducted under subsection (a), develop a series of in-person and online workforce development and technical training courses (A) to reduce wildlife-vehicle collisions; and (B) to improve habitat connectivity for terrestrial and aquatic species. (2)  Availability The Secretary shall (A) make the series of courses developed under paragraph (1) available for transportation and fish and wildlife professionals; and (B) update the series of courses not less frequently than once every 2 years. (c)  Standardization of Wildlife Collision and Carcass Data. (1)  Standardized methodology. (A)  In general The Secretary, acting through the Administrator of the Federal Highway Administration (referred to in this subsection as the Secretary), shall develop a quality standardized methodology for collecting and reporting spatially accurate wildlife collision and carcass data for the National Highway System, considering the practicability of the methodology with respect to technology and cost. (B)  Methodology In developing the standardized methodology under subparagraph (A), the Secretary shall (i) survey existing methodologies and sources of data collection, including the Fatality Analysis Reporting System, the General Estimates System of the National Automotive Sampling System, and the Highway Safety Information System; and (ii) to the extent practicable, identify and correct limitations of those existing methodologies and sources of data collection. (C)  Consultation In developing the standardized methodology under subparagraph (A), the Secretary shall consult with (i) the Secretary of the Interior; (ii) the Secretary of Agriculture, acting through the Chief of the Forest Service; (iii) Tribal, State, and local transportation and wildlife authorities; (iv) metropolitan planning organizations (as defined in section 134(b)); (v) members of the American Association of State Highway Transportation Officials; (vi) members of the Association of Fish and Wildlife Agencies; (vii) experts in the field of wildlife-vehicle collisions; (viii) nongovernmental organizations; and (ix) other interested stakeholders, as appropriate. (2)  Standardized national data system with voluntary template implementation The Secretary shall (A) develop a template for State implementation of a standardized national wildlife collision and carcass data system for the National Highway System that is based on the standardized methodology developed under paragraph (1); and (B) encourage the voluntary implementation of the template developed under subparagraph (A). (3)  Reports. (A)  Methodology The Secretary shall submit to Congress a report describing the standardized methodology developed under paragraph (1) not later than the later of (i) the date that is 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021; and (ii) the date that is 180 days after the date on which the Secretary completes the development of the standardized methodology. (B)  Implementation Not later than 4 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress a report describing (i) the status of the voluntary implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A); (ii) whether the implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A) has impacted efforts by States, units of local government, and other entities (I) to reduce the number of wildlife-vehicle collisions; and (II) to improve habitat connectivity; (iii) the degree of the impact described in clause (ii); and (iv) the recommendations of the Secretary, including recommendations for further study aimed at reducing motorist collisions involving wildlife and improving habitat connectivity for terrestrial and aquatic species on the National Highway System, if any. (d)  National Threshold Guidance The Secretary shall (1) establish guidance, to be carried out by States on a voluntary basis, that contains a threshold for determining whether a highway shall be evaluated for potential mitigation measures to reduce wildlife-vehicle collisions and increase habitat connectivity for terrestrial and aquatic species, taking into consideration (A) the number of wildlife-vehicle collisions on the highway that pose a human safety risk; (B) highway-related mortality and the effects of traffic on the highway on (i) species listed as endangered species or threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 (ii) species identified by a State as species of greatest conservation need; (iii) species identified in State wildlife plans; and (iv) medium and small terrestrial and aquatic species; and (C) habitat connectivity values for terrestrial and aquatic species and the barrier effect of the highway on the movements and migrations of those species. (Added Pub. L. 11758, div. A, title I,  11123(c)(1) Nov. 15, 2021 135 Stat. 502  Editorial Notes  References in Text The date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsecs. (a)(3)(A), (b)(1), and (c)(3), is the date of enactment of div. A of Pub. L. 11758 Nov. 15, 2021 The Endangered Species Act of 1973, referred to in subsecs. (a)(3)(B)(i)(III)(aa) and (d)(1)(B)(i), is Pub. L. 93205 Dec. 28, 1973 87 Stat. 884 section 1531 of Title 16 Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title  173. Rural surface transportation grant program (a)  Definitions In this section: (1)  Program The term program means the program established under subsection (b)(1). (2)  Rural area The term rural area means an area that is outside an urbanized area with a population of over 200,000. (b)  Establishment. (1)  In general The Secretary shall establish a rural surface transportation grant program to provide grants, on a competitive basis, to eligible entities to improve and expand the surface transportation infrastructure in rural areas. (2)  Goals The goals of the program shall be (A) to increase connectivity; (B) to improve the safety and reliability of the movement of people and freight; and (C) to generate regional economic growth and improve quality of life. (3)  Grant administration The Secretary may (A) retain not more than a total of 2 percent of the funds made available to carry out the program and to review applications for grants under the program; and (B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under the program. (c)  Eligible Entities The Secretary may make a grant under the program to (1) a State; (2) a regional transportation planning organization; (3) a unit of local government; (4) a Tribal government or a consortium of Tribal governments; and (5) a multijurisdictional group of entities described in paragraphs (1) through (4). (d)  Applications To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require. (e)  Eligible Projects. (1)  In general Except as provided in paragraph (2), the Secretary may make a grant under the program only for a project that is (A) a highway, bridge, or tunnel project eligible under section 119(d); (B) a highway, bridge, or tunnel project eligible under section 133(b); (C) a project eligible under section 202(a); (D) a highway freight project eligible under section 167(h)(5); (E) a highway safety improvement project, including a project to improve a high risk rural road (as those terms are defined in section 148(a)); (F) a project on a publicly-owned highway or bridge that provides or increases access to an agricultural, commercial, energy, or intermodal facility that supports the economy of a rural area; or (G) a project to develop, establish, or maintain an integrated mobility management system, a transportation demand management system, or on-demand mobility services. (2)  Bundling of eligible projects. (A)  In general An eligible entity may bundle 2 or more similar eligible projects under the program that are (i) included as a bundled project in a statewide transportation improvement program under section 135; and (ii) awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and the eligible entity. (B)  Itemization Notwithstanding any other provision of law (including regulations), a bundling of eligible projects under this paragraph may be considered to be a single project, including for purposes of section 135. (f)  Eligible Project Costs An eligible entity may use funds from a grant under the program for (1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and (2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements. (g)  Project Requirements The Secretary may provide a grant under the program to an eligible project only if the Secretary determines that the project (1) will generate regional economic, mobility, or safety benefits; (2) will be cost effective; (3) will contribute to the accomplishment of 1 or more of the national goals under section 150; (4) is based on the results of preliminary engineering; and (5) is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project. (h)  Additional Considerations In providing grants under the program, the Secretary shall consider the extent to which an eligible project will (1) improve the state of good repair of existing highway, bridge, and tunnel facilities; (2) increase the capacity or connectivity of the surface transportation system and improve mobility for residents of rural areas; (3) address economic development and job creation challenges, including energy sector job losses in energy communities as identified in the report released in April 2021 by the interagency working group established by section 218 of Executive Order 14008 (86 Fed. Reg. 7628 ( February 1, 2021 (4) enhance recreational and tourism opportunities by providing access to Federal land, national parks, national forests, national recreation areas, national wildlife refuges, wilderness areas, or State parks; (5) contribute to geographic diversity among grant recipients; (6) utilize innovative project delivery approaches or incorporate transportation technologies; (7) coordinate with projects to address broadband infrastructure needs; or (8) improve access to emergency care, essential services, healthcare providers, or drug and alcohol treatment and rehabilitation resources. (i)  Grant Amount Except as provided in subsection (k)(1), a grant under the program shall be in an amount that is not less than $25,000,000. (j)  Federal Share. (1)  In general Except as provided in paragraph (2), the Federal share of the cost of a project carried out with a grant under the program may not exceed 80 percent. (2)  Federal share for certain projects The Federal share of the cost of an eligible project that furthers the completion of a designated segment of the Appalachian Development Highway System under section 14501 of title 40 42 U.S.C. 3121 Public Law 105277 (3)  Use of other federal assistance Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project carried out with a grant under the program. (k)  Set Asides. (1)  Small projects The Secretary shall use not more than 10 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects in an amount that is less than $25,000,000. (2)  Appalachian development highway system The Secretary shall reserve 25 percent of the amounts made available for the program for each fiscal year for eligible projects that further the completion of designated routes of the Appalachian Development Highway System under section 14501 of title 40 (3)  Rural roadway lane departures The Secretary shall reserve 15 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects located in States that have rural roadway fatalities as a result of lane departures that are greater than the average of rural roadway fatalities as a result of lane departures in the United States, based on the latest available data from the Secretary. (4)  Excess funding In any fiscal year in which qualified applications for grants under this subsection do not allow for the amounts reserved under paragraphs (1), (2), or (3) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under the program. (l)  Congressional Review. (1)  Notification Not less than 60 days before providing a grant under the program, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives (A) a list of all applications determined to be eligible for a grant by the Secretary; (B) each application proposed to be selected for a grant, including a justification for the selection; and (C) proposed grant amounts. (2)  Committee review Before the last day of the 60-day period described in paragraph (1), each Committee described in paragraph (1) shall review the list of proposed projects submitted by the Secretary. (3)  Congressional disapproval The Secretary may not make a grant or any other obligation or commitment to fund a project under the program if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1). (m)  Transparency. (1)  In general Not later than 30 days after providing a grant for a project under the program, the Secretary shall provide to all applicants, and publish on the website of the Department of Transportation, the information described in subsection ( l (2)  Briefing The Secretary shall provide, on the request of an eligible entity, the opportunity to receive a briefing to explain any reasons the eligible entity was not selected to receive a grant under the program. (n)  Reports. (1)  Annual report The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that lists each project for which a grant has been provided under the program during that fiscal year. (2)  Comptroller general. (A)  Assessment The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the awarding of grants under the program for each fiscal year. (B)  Report Each fiscal year, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for the fiscal year (i) the adequacy and fairness of the process by which each project was selected, if applicable; and (ii) the justification and criteria used for the selection of each project, if applicable. (o)  Treatment of Projects Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter. (Added Pub. L. 11758, div. A, title I,  11132(a) Nov. 15, 2021 135 Stat. 510  Editorial Notes  References in Text Executive Order 14008, referred to in subsec. (h)(3), is Ex. Ord. No. 14008, Jan. 27, 2021 section 4321 of Title 42 Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title  174. State human capital plans (a)  In General Not later than 18 months after the date of enactment of this section, the Secretary shall encourage each State to develop a voluntary plan, to be known as a human capital plan, that provides for the immediate and long-term personnel and workforce needs of the State with respect to the capacity of the State to deliver transportation and public infrastructure eligible under this title. (b)  Plan Contents. (1)  In general A human capital plan developed by a State under subsection (a) shall, to the maximum extent practicable, take into consideration (A) significant transportation workforce trends, needs, issues, and challenges with respect to the State; (B) the human capital policies, strategies, and performance measures that will guide the transportation-related workforce investment decisions of the State; (C) coordination with educational institutions, industry, organized labor, workforce boards, and other agencies or organizations to address the human capital transportation needs of the State; (D) a workforce planning strategy that identifies current and future human capital needs, including the knowledge, skills, and abilities needed to recruit and retain skilled workers in the transportation industry; (E) a human capital management strategy that is aligned with the transportation mission, goals, and organizational objectives of the State; (F) an implementation system for workforce goals focused on addressing continuity of leadership and knowledge sharing across the State; (G) an implementation system that addresses workforce competency gaps, particularly in mission-critical occupations; (H) in the case of public-private partnerships or other alternative project delivery methods to carry out the transportation program of the State, a description of workforce needs (i) to ensure that the transportation mission, goals, and organizational objectives of the State are fully carried out; and (ii) to ensure that procurement methods provide the best public value; (I) a system for analyzing and evaluating the performance of the State department of transportation with respect to all aspects of human capital management policies, programs, and activities; and (J) the manner in which the plan will improve the ability of the State to meet the national policy in support of performance management established under section 150. (2)  Planning period If a State develops a human capital plan under subsection (a), the plan shall address a 5-year forecast period. (c)  Plan Updates If a State develops a human capital plan under subsection (a), the State shall update the plan not less frequently than once every 5 years. (d)  Relationship to Long-range Plan. (1)  In general Subject to paragraph (2), a human capital plan developed by a State under subsection (a) may be developed separately from, or incorporated into, the long-range statewide transportation plan required under section 135. (2)  Effect of section Nothing in this section requires a State, or authorizes the Secretary to require a State, to incorporate a human capital plan into the long-range statewide transportation plan required under section 135. (e)  Public Availability Each State that develops a human capital plan under subsection (a) shall make a copy of the plan available to the public in a user-friendly format on the website of the State department of transportation. (f)  Savings Provision Nothing in this section prevents a State from carrying out transportation workforce planning (1) not described in this section; or (2) not in accordance with this section. (Added Pub. L. 11758, div. A, title I,  11203(a) Nov. 15, 2021 135 Stat. 519  Editorial Notes  References in Text The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 11758 Nov. 15, 2021 Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title  175. Carbon reduction program (a)  Definitions In this section: (1)  Metropolitan planning organization; urbanized area The terms metropolitan planning organization and urbanized area have the meaning given those terms in section 134(b). (2)  Transportation emissions The term transportation emissions means carbon dioxide emissions from on-road highway sources of those emissions within a State. (3)  Transportation management area The term transportation management area means a transportation management area identified or designated by the Secretary under section 134(k)(1). (b)  Establishment The Secretary shall establish a carbon reduction program to reduce transportation emissions. (c)  Eligible Projects. (1)  In general Subject to paragraph (2), funds apportioned to a State under section 104(b)(7) may be obligated for projects to support the reduction of transportation emissions, including (A) a project described in section 149(b)(4) to establish or operate a traffic monitoring, management, and control facility or program, including advanced truck stop electrification systems; (B) a public transportation project that is eligible for assistance under section 142; (C) a project described in section 101(a)(29) (as in effect on the day before the date of enactment of the FAST Act ( Public Law 11494 129 Stat. 1312 (D) a project described in section 503(c)(4)(E) for advanced transportation and congestion management technologies; (E) a project for the deployment of infrastructure-based intelligent transportation systems capital improvements and the installation of vehicle-to-infrastructure communications equipment, including retrofitting dedicated short-range communications (DSRC) technology deployed as part of an existing pilot program to cellular vehicle-to-everything (CV2X) technology; (F) a project to replace street lighting and traffic control devices with energy-efficient alternatives; (G) the development of a carbon reduction strategy in accordance with subsection (d); (H) a project or strategy that is designed to support congestion pricing, shifting transportation demand to nonpeak hours or other transportation modes, increasing vehicle occupancy rates, or otherwise reducing demand for roads, including electronic toll collection, and travel demand management strategies and programs; (I) efforts to reduce the environmental and community impacts of freight movement; (J) a project to support deployment of alternative fuel vehicles, including (i) the acquisition, installation, or operation of publicly accessible electric vehicle charging infrastructure or hydrogen, natural gas, or propane vehicle fueling infrastructure; and (ii) the purchase or lease of zero-emission construction equipment and vehicles, including the acquisition, construction, or leasing of required supporting facilities; (K) a project described in section 149(b)(8) for a diesel engine retrofit; (L) a project described in section 149(b)(5) that does not result in the construction of new capacity; and (M) a project that reduces transportation emissions at port facilities, including through the advancement of port electrification. (2)  Flexibility In addition to the eligible projects under paragraph (1), a State may use funds apportioned under section 104(b)(7) for a project eligible under section 133(b) if the Secretary certifies that the State has demonstrated a reduction in transportation emissions (A) as estimated on a per capita basis; and (B) as estimated on a per unit of economic output basis. (d)  Carbon Reduction Strategy. (1)  In general Not later than 2 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, a State, in consultation with any metropolitan planning organization designated within the State, shall develop a carbon reduction strategy in accordance with this subsection. (2)  Requirements The carbon reduction strategy of a State developed under paragraph (1) shall (A) support efforts to reduce transportation emissions; (B) identify projects and strategies to reduce transportation emissions, which may include projects and strategies for safe, reliable, and cost-effective options (i) to reduce traffic congestion by facilitating the use of alternatives to single-occupant vehicle trips, including public transportation facilities, pedestrian facilities, bicycle facilities, and shared or pooled vehicle trips within the State or an area served by the applicable metropolitan planning organization, if any; (ii) to facilitate the use of vehicles or modes of travel that result in lower transportation emissions per person-mile traveled as compared to existing vehicles and modes; and (iii) to facilitate approaches to the construction of transportation assets that result in lower transportation emissions as compared to existing approaches; (C) support the reduction of transportation emissions of the State; (D) at the discretion of the State, quantify the total carbon emissions from the production, transport, and use of materials used in the construction of transportation facilities within the State; and (E) be appropriate to the population density and context of the State, including any metropolitan planning organization designated within the State. (3)  Updates The carbon reduction strategy of a State developed under paragraph (1) shall be updated not less frequently than once every 4 years. (4)  Review Not later than 90 days after the date on which a State submits a request for the approval of a carbon reduction strategy developed by the State under paragraph (1), the Secretary shall (A) review the process used to develop the carbon reduction strategy; and (B) (i) certify that the carbon reduction strategy meets the requirements of paragraph (2); or (ii) deny certification of the carbon reduction strategy and specify the actions necessary for the State to take to correct the deficiencies in the process of the State in developing the carbon reduction strategy. (5)  Technical assistance At the request of a State, the Secretary shall provide technical assistance in the development of the carbon reduction strategy under paragraph (1). (e)  Suballocation. (1)  In general For each fiscal year, of the funds apportioned to the State under section 104(b)(7) (A) 65 percent shall be obligated, in proportion to their relative shares of the population of the State (i) in urbanized areas of the State with an urbanized area population of more than 200,000; (ii) in urbanized areas of the State with an urbanized population of not less than 50,000 and not more than 200,000; (iii) in urban areas of the State with a population of not less than 5,000 and not more than 49,999; and (iv) in other areas of the State with a population of less than 5,000; and (B) the remainder may be obligated in any area of the State. (2)  Metropolitan areas Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area. (3)  Distribution among urbanized areas of over 50,000 population. (A)  In general Except as provided in subparagraph (B), the amounts that a State is required to obligate under clauses (i) and (ii) of paragraph (1)(A) shall be obligated in urbanized areas described in those clauses based on the relative population of the areas. (B)  Other factors The State may obligate the funds described in subparagraph (A) based on other factors if (i) the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors; and (ii) the Secretary grants the request. (4)  Coordination in urbanized areas Before obligating funds for an eligible project under subsection (c) in an urbanized area that is not a transportation management area, a State shall coordinate with any metropolitan planning organization that represents the urbanized area prior to determining which activities should be carried out under the project. (5)  Consultation in rural areas Before obligating funds for an eligible project under subsection (c) in a rural area, a State shall consult with any regional transportation planning organization or metropolitan planning organization that represents the rural area prior to determining which activities should be carried out under the project. (6)  Obligation authority. (A)  In general A State that is required to obligate in an urbanized area with an urbanized area population of 50,000 or more under this subsection funds apportioned to the State under section 104(b)(7) shall make available during the period of fiscal years 2022 through 2026 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying (i) the aggregate amount of funds that the State is required to obligate in the area under this subsection during the period; and (ii) the ratio that (I) the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to (II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period. (B)  Joint responsibility Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with subparagraph (A). (f)  Federal Share The Federal share of the cost of a project carried out using funds apportioned to a State under section 104(b)(7) shall be determined in accordance with section 120. (g)  Treatment of Projects Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter. (Added Pub. L. 11758, div. A, title I,  11403(a) Nov. 15, 2021 135 Stat. 555  Editorial Notes  References in Text The date of enactment of the FAST Act, referred to in subsec. (c)(1)(C), is the date of enactment of Pub. L. 11494 Dec. 4, 2015 The date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsec. (d)(1), is the date of enactment of div. A of Pub. L. 11758 Nov. 15, 2021 Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title  176. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program (a)  Definitions In this section: (1)  Emergency event The term emergency event means a natural disaster or catastrophic failure resulting in (A) an emergency declared by the Governor of the State in which the disaster or failure occurred; or (B) an emergency or disaster declared by the President. (2)  Evacuation route The term evacuation route means a transportation route or system that (A) is owned, operated, or maintained by a Federal, State, Tribal, or local government; (B) is used (i) to transport the public away from emergency events; or (ii) to transport emergency responders and recovery resources; and (C) is designated by the eligible entity with jurisdiction over the area in which the route is located for the purposes described in subparagraph (B). (3)  Program The term program means the program established under subsection (b)(1). (4)  Resilience improvement The term resilience improvement means the use of materials or structural or nonstructural techniques, including natural infrastructure (A) that allow a project (i) to better anticipate, prepare for, and adapt to changing conditions and to withstand and respond to disruptions; and (ii) to be better able to continue to serve the primary function of the project during and after weather events and natural disasters for the expected life of the project; or (B) that (i) reduce the magnitude and duration of impacts of current and future weather events and natural disasters to a project; or (ii) have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to current and future weather events or natural disasters. (b)  Establishment. (1)  In general The Secretary shall establish a program, to be known as the Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation program or the PROTECT program. (2)  Purpose The purpose of the program is to provide grants for resilience improvements through (A) formula funding distributed to States to carry out subsection (c); (B) competitive planning grants to enable communities to assess vulnerabilities to current and future weather events and natural disasters and changing conditions, including sea level rise, and plan transportation improvements and emergency response strategies to address those vulnerabilities; and (C) competitive resilience improvement grants to protect (i) surface transportation assets by making the assets more resilient to current and future weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides, sea level rise, extreme weather, including extreme temperature, and earthquakes; (ii) communities through resilience improvements and strategies that allow for the continued operation or rapid recovery of surface transportation systems that (I) serve critical local, regional, and national needs, including evacuation routes; and (II) provide access or service to hospitals and other medical or emergency service facilities, major employers, critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities; (iii) coastal infrastructure, such as a tide gate to protect highways, that is at long-term risk to sea level rise; and (iv) natural infrastructure that protects and enhances surface transportation assets while improving ecosystem conditions, including culverts that ensure adequate flows in rivers and estuarine systems. (c)  Eligible Activities for Apportioned Funding. (1)  In general Except as provided in paragraph (2), funds apportioned to the State under section 104(b)(8) shall be obligated for activities eligible under subparagraph (A), (B), or (C) of subsection (d)(4). (2)  Planning set-aside Of the funds apportioned to a State under section 104(b)(8) for each fiscal year, not less than 2 percent shall be for activities described in subsection (d)(3). (3)  Requirements. (A)  Projects in certain areas If a project under this subsection is carried out, in whole or in part, within a base floodplain, the State shall (i) identify the base floodplain in which the project is to be located and disclose that information to the Secretary; and (ii) indicate to the Secretary whether the State plans to implement 1 or more components of the risk mitigation plan under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 (B)  Eligibilities A State shall use funds apportioned to the State under section 104(b)(8) for (i) a highway project eligible for assistance under this title; (ii) a public transportation facility or service eligible for assistance under chapter 53 of title 49; or (iii) a port facility, including a facility that (I) connects a port to other modes of transportation; (II) improves the efficiency of evacuations and disaster relief; or (III) aids transportation. (C)  System resilience A project carried out by a State with funds apportioned to the State under section 104(b)(8) may include the use of natural infrastructure or the construction or modification of storm surge, flood protection, or aquatic ecosystem restoration elements that are functionally connected to a transportation improvement, such as (i) increasing marsh health and total area adjacent to a highway right-of-way to promote additional flood storage; (ii) upgrades to and installation of culverts designed to withstand 100-year flood events; (iii) upgrades to and installation of tide gates to protect highways; (iv) upgrades to and installation of flood gates to protect tunnel entrances; and (v) improving functionality and resiliency of stormwater controls, including inventory inspections, upgrades to, and preservation of best management practices to protect surface transportation infrastructure. (D)  Federal cost share. (i)  In general Except as provided in subsection (e)(1), the Federal share of the cost of a project carried out using funds apportioned to the State under section 104(b)(8) shall not exceed 80 percent of the total project cost. (ii)  Non-federal share A State may use Federal funds other than Federal funds apportioned to the State under section 104(b)(8) to meet the non-Federal cost share requirement for a project under this subsection. (E)  Eligible project costs. (i)  In general Except as provided in clause (ii), eligible project costs for activities carried out by a State with funds apportioned to the State under section 104(b)(8) may include the costs of (I) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and (II) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements. (ii)  Eligible planning costs In the case of a planning activity described in subsection (d)(3) that is carried out by a State with funds apportioned to the State under section 104(b)(8), eligible costs may include development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, other preconstruction activities, and other activities consistent with carrying out the purposes of subsection (d)(3). (F)  Limitations A State (i) may use not more than 40 percent of the amounts apportioned to the State under section 104(b)(8) for the construction of new capacity; and (ii) may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(8) for activities described in subparagraph (E)(i)(I). (d)  Competitive Awards. (1)  In general In addition to funds apportioned to States under section 104(b)(8) to carry out activities under subsection (c), the Secretary shall provide grants on a competitive basis under this subsection to eligible entities described in paragraph (2). (2)  Eligible entities Except as provided in paragraph (4)(C), the Secretary may make a grant under this subsection to any of the following: (A) A State or political subdivision of a State. (B) A metropolitan planning organization. (C) A unit of local government. (D) A special purpose district or public authority with a transportation function, including a port authority. (E) An Indian tribe (as defined in section 207(m)(1)). (F) A Federal land management agency that applies jointly with a State or group of States. (G) A multi-State or multijurisdictional group of entities described in subparagraphs (A) through (F). (3)  Planning grants Using funds made available under this subsection, the Secretary shall provide planning grants to eligible entities for the purpose of (A) in the case of a State or metropolitan planning organization, developing a resilience improvement plan under subsection (e)(2); (B) resilience planning, predesign, design, or the development of data tools to simulate transportation disruption scenarios, including vulnerability assessments; (C) technical capacity building by the eligible entity to facilitate the ability of the eligible entity to assess the vulnerabilities of the surface transportation assets and community response strategies of the eligible entity under current conditions and a range of potential future conditions; or (D) evacuation planning and preparation. (4)  Resilience grants. (A)  Resilience improvement grants. (i)  In general Using funds made available under this subsection, the Secretary shall provide resilience improvement grants to eligible entities to carry out 1 or more eligible activities under clause (ii). (ii)  Eligible activities. (I)  In general An eligible entity may use a resilience improvement grant under this subparagraph for 1 or more construction activities to improve the ability of an existing surface transportation asset to withstand 1 or more elements of a weather event or natural disaster, or to increase the resilience of surface transportation infrastructure from the impacts of changing conditions, such as sea level rise, flooding, wildfires, extreme weather events, and other natural disasters. (II)  Inclusions An activity eligible to be carried out under this subparagraph includes (aa) resurfacing, restoration, rehabilitation, reconstruction, replacement, improvement, or realignment of an existing surface transportation facility eligible for assistance under this title; (bb) the incorporation of natural infrastructure; (cc) the upgrade of an existing surface transportation facility to meet or exceed a design standard adopted by the Federal Highway Administration; (dd) the installation of mitigation measures that prevent the intrusion of floodwaters into surface transportation systems; (ee) strengthening systems that remove rainwater from surface transportation facilities; (ff) upgrades to and installation of structural stormwater controls; (gg) a resilience project that addresses identified vulnerabilities described in the resilience improvement plan of the eligible entity, if applicable; (hh) relocating roadways in a base floodplain to higher ground above projected flood elevation levels, or away from slide prone areas; (ii) stabilizing slide areas or slopes; (jj) installing riprap; (kk) lengthening or raising bridges to increase waterway openings, including to respond to extreme weather; (ll) increasing the size or number of drainage structures; (mm) installing seismic retrofits on bridges; (nn) adding scour protection at bridges; (oo) adding scour, stream stability, coastal, and other hydraulic countermeasures, including spur dikes; (pp) vegetation management practices in transportation rights-of-way to improve roadway safety, prevent against invasive species, facilitate wildfire control, and provide erosion control; and (qq) any other protective features, including natural infrastructure, as determined by the Secretary. (iii)  Priority The Secretary shall prioritize a resilience improvement grant to an eligible entity if (I) the Secretary determines (aa) the benefits of the eligible activity proposed to be carried out by the eligible entity exceed the costs of the activity; and (bb) there is a need to address the vulnerabilities of surface transportation assets of the eligible entity with a high risk of, and impacts associated with, failure due to the impacts of weather events, natural disasters, or changing conditions, such as sea level rise, wildfires, and increased flood risk; or (II) the eligible activity proposed to be carried out by the eligible entity is included in the applicable resilience improvement plan under subsection (e)(2). (B)  Community resilience and evacuation route grants. (i)  In general Using funds made available under this subsection, the Secretary shall provide community resilience and evacuation route grants to eligible entities to carry out 1 or more eligible activities under clause (ii). (ii)  Eligible activities An eligible entity may use a community resilience and evacuation route grant under this subparagraph for 1 or more projects that strengthen and protect evacuation routes that are essential for providing and supporting evacuations caused by emergency events, including a project that (I) is an eligible activity under subparagraph (A)(ii), if that eligible activity will improve an evacuation route; (II) ensures the ability of the evacuation route to provide safe passage during an evacuation and reduces the risk of damage to evacuation routes as a result of future emergency events, including restoring or replacing existing evacuation routes that are in poor condition or not designed to meet the anticipated demand during an emergency event, and including steps to protect routes from mud, rock, or other debris slides; (III) if the eligible entity notifies the Secretary that existing evacuation routes are not sufficient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources, expands the capacity of evacuation routes to swiftly and safely accommodate evacuations, including installation of (aa) communications and intelligent transportation system equipment and infrastructure; (bb) counterflow measures; or (cc) shoulders; (IV) is for the construction of new or redundant evacuation routes, if the eligible entity notifies the Secretary that existing evacuation routes are not sufficient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources; (V) is for the acquisition of evacuation route or traffic incident management equipment or signage; or (VI) will ensure access or service to critical destinations, including hospitals and other medical or emergency service facilities, major employers, critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities. (iii)  Priority The Secretary shall prioritize community resilience and evacuation route grants under this subparagraph for eligible activities that are cost-effective, as determined by the Secretary, taking into account (I) current and future vulnerabilities to an evacuation route due to future occurrence or recurrence of emergency events that are likely to occur in the geographic area in which the evacuation route is located; and (II) projected changes in development patterns, demographics, and extreme weather events based on the best available evidence and analysis. (iv)  Consultation In providing grants for community resilience and evacuation routes under this subparagraph, the Secretary may consult with the Administrator of the Federal Emergency Management Agency, who may provide technical assistance to the Secretary and to eligible entities. (C)  At-risk coastal infrastructure grants. (i)  Definition of eligible entity In this subparagraph, the term eligible entity means any of the following: (I) A State (including the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of the Great Lakes. (II) A political subdivision of a State described in subclause (I). (III) A metropolitan planning organization in a State described in subclause (I). (IV) A unit of local government in a State described in subclause (I). (V) A special purpose district or public authority with a transportation function, including a port authority, in a State described in subclause (I). (VI) An Indian tribe in a State described in subclause (I). (VII) A Federal land management agency that applies jointly with a State or group of States described in subclause (I). (VIII) A multi-State or multijurisdictional group of entities described in subclauses (I) through (VII). (ii)  Grants Using funds made available under this subsection, the Secretary shall provide at-risk coastal infrastructure grants to eligible entities to carry out 1 or more eligible activities under clause (iii). (iii)  Eligible activities An eligible entity may use an at-risk coastal infrastructure grant under this subparagraph for strengthening, stabilizing, hardening, elevating, relocating, or otherwise enhancing the resilience of highway and non-rail infrastructure, including bridges, roads, pedestrian walkways, and bicycle lanes, and associated infrastructure, such as culverts and tide gates to protect highways, that are subject to, or face increased long-term future risks of, a weather event, a natural disaster, or changing conditions, including coastal flooding, coastal erosion, wave action, storm surge, or sea level rise, in order to improve transportation and public safety and to reduce costs by avoiding larger future maintenance or rebuilding costs. (iv)  Criteria The Secretary shall provide at-risk coastal infrastructure grants under this subparagraph for a project (I) that addresses the risks from a current or future weather event or natural disaster, including coastal flooding, coastal erosion, wave action, storm surge, or sea level change; and (II) that reduces long-term infrastructure costs by avoiding larger future maintenance or rebuilding costs. (v)  Coastal benefits In addition to the criteria under clause (iv), for the purpose of providing at-risk coastal infrastructure grants under this subparagraph, the Secretary shall evaluate the extent to which a project will provide (I) access to coastal homes, businesses, communities, and other critical infrastructure, including access by first responders and other emergency personnel; or (II) access to a designated evacuation route. (5)  Grant requirements. (A)  Solicitations for grants In providing grants under this subsection, the Secretary shall conduct a transparent and competitive national solicitation process to select eligible projects to receive grants under paragraph (3) and subparagraphs (A), (B), and (C) of paragraph (4). (B)  Applications. (i)  In general To be eligible to receive a grant under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4), an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines to be necessary. (ii)  Projects in certain areas If a project is proposed to be carried out by the eligible entity, in whole or in part, within a base floodplain, the eligible entity shall (I) as part of the application, identify the floodplain in which the project is to be located and disclose that information to the Secretary; and (II) indicate in the application whether, if selected, the eligible entity will implement 1 or more components of the risk mitigation plan under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 (C)  Eligibilities The Secretary may make a grant under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4) only for (i) a highway project eligible for assistance under this title; (ii) a public transportation facility or service eligible for assistance under chapter 53 of title 49; (iii) a facility or service for intercity rail passenger transportation (as defined in section 24102 of title 49 (iv) a port facility, including a facility that (I) connects a port to other modes of transportation; (II) improves the efficiency of evacuations and disaster relief; or (III) aids transportation. (D)  System resilience A project for which a grant is provided under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4) may include the use of natural infrastructure or the construction or modification of storm surge, flood protection, or aquatic ecosystem restoration elements that the Secretary determines are functionally connected to a transportation improvement, such as (i) increasing marsh health and total area adjacent to a highway right-of-way to promote additional flood storage; (ii) upgrades to and installing of culverts designed to withstand 100-year flood events; (iii) upgrades to and installation of tide gates to protect highways; and (iv) upgrades to and installation of flood gates to protect tunnel entrances. (E)  Federal cost share. (i)  Planning grant The Federal share of the cost of a planning activity carried out using a planning grant under paragraph (3) shall be 100 percent. (ii)  Resilience grants (I)  In general Except as provided in subclause (II) and subsection (e)(1), the Federal share of the cost of a project carried out using a grant under subparagraph (A), (B), or (C) of paragraph (4) shall not exceed 80 percent of the total project cost. (II)  Tribal projects On the determination of the Secretary, the Federal share of the cost of a project carried out using a grant under subparagraph (A), (B), or (C) of paragraph (4) by an Indian tribe (as defined in section 207(m)(1)) may be up to 100 percent. (iii)  Non-federal share The eligible entity may use Federal funds other than Federal funds provided under this subsection to meet the non-Federal cost share requirement for a project carried out with a grant under this subsection. (F)  Eligible project costs. (i)  Resilience grant projects Eligible project costs for activities funded with a grant under subparagraph (A), (B), or (C) of paragraph (4) may include the costs of (I) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and (II) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements. (ii)  Planning grants Eligible project costs for activities funded with a grant under paragraph (3) may include the costs of development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, other preconstruction activities, and other activities consistent with carrying out the purposes of that paragraph. (G)  Limitations. (i)  In general An eligible entity that receives a grant under subparagraph (A), (B), or (C) of paragraph (4) (I) may use not more than 40 percent of the amount of the grant for the construction of new capacity; and (II) may use not more than 10 percent of the amount of the grant for activities described in subparagraph (F)(i)(I). (ii)  Limit on certain activities For each fiscal year, not more than 25 percent of the total amount provided under this subsection may be used for projects described in subparagraph (C)(iii). (H)  Distribution of grants. (i)  In general Subject to the availability of funds, an eligible entity may request and the Secretary may distribute funds for a grant under this subsection on a multiyear basis, as the Secretary determines to be necessary. (ii)  Rural set-aside Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall use not less than 25 percent for grants for projects located in areas that are outside an urbanized area with a population of over 200,000. (iii)  Tribal set-aside Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall use not less than 2 percent for grants to Indian tribes (as defined in section 207(m)(1)). (iv)  Reallocation For any fiscal year, if the Secretary determines that the amount described in clause (ii) or (iii) will not be fully utilized for the grant described in that clause, the Secretary may reallocate the unutilized funds to provide grants to other eligible entities under this subsection. (6)  Consultation In carrying out this subsection, the Secretary shall (A) consult with the Assistant Secretary of the Army for Civil Works, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Secretary of Commerce; and (B) solicit technical support from the Administrator of the Federal Emergency Management Agency. (7)  Grant administration The Secretary may (A) retain not more than a total of 5 percent of the funds made available to carry out this subsection and to review applications for grants under this subsection; and (B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under this subsection. (e)  Resilience Improvement Plan and Lower Non-Federal Share. (1)  Federal share reductions. (A)  In general A State that receives funds apportioned to the State under section 104(b)(8) or an eligible entity that receives a grant under subsection (d) shall have the non-Federal share of a project carried out with the funds or grant, as applicable, reduced by an amount described in subparagraph (B) if the State or eligible entity meets the applicable requirements under that subparagraph. (B)  Amount of reductions. (i)  Resilience improvement plan Subject to clause (iii), the amount of the non-Federal share of the costs of a project carried out with funds apportioned to a State under section 104(b)(8) or a grant under subsection (d) shall be reduced by 7 percentage points if (I) in the case of a State or an eligible entity that is a State or a metropolitan planning organization, the State or eligible entity has (aa) developed a resilience improvement plan in accordance with this subsection; and (bb) prioritized the project on that resilience improvement plan; and (II) in the case of an eligible entity not described in subclause (I), the eligible entity is located in a State or an area served by a metropolitan planning organization that has (aa) developed a resilience improvement plan in accordance with this subsection; and (bb) prioritized the project on that resilience improvement plan. (ii)  Incorporation of resilience improvement plan in other planning Subject to clause (iii), the amount of the non-Federal share of the cost of a project carried out with funds under subsection (c) or a grant under subsection (d) shall be reduced by 3 percentage points if (I) in the case of a State or an eligible entity that is a State or a metropolitan planning organization, the resilience improvement plan developed in accordance with this subsection has been incorporated into the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable; and (II) in the case of an eligible entity not described in subclause (I), the eligible entity is located in a State or an area served by a metropolitan planning organization that incorporated a resilience improvement plan into the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable. (iii)  Limitations. (I)  Maximum reduction A State or eligible entity may not receive a reduction under this paragraph of more than 10 percentage points for any single project carried out with funds under subsection (c) or a grant under subsection (d). (II)  No negative non-federal share A reduction under this paragraph shall not reduce the non-Federal share of the costs of a project carried out with funds under subsection (c) or a grant under subsection (d) to an amount that is less than zero. (2)  Plan contents A resilience improvement plan referred to in paragraph (1) (A) shall be for the immediate and long-range planning activities and investments of the State or metropolitan planning organization with respect to resilience of the surface transportation system within the boundaries of the State or metropolitan planning organization, as applicable; (B) shall demonstrate a systemic approach to surface transportation system resilience and be consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 (C) shall include a risk-based assessment of vulnerabilities of transportation assets and systems to current and future weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides, sea level rise, extreme weather, including extreme temperatures, and earthquakes; (D) may (i) designate evacuation routes and strategies, including multimodal facilities, designated with consideration for individuals without access to personal vehicles; (ii) plan for response to anticipated emergencies, including plans for the mobility of (I) emergency response personnel and equipment; and (II) access to emergency services, including for vulnerable or disadvantaged populations; (iii) describe the resilience improvement policies, including strategies, land-use and zoning changes, investments in natural infrastructure, or performance measures that will inform the transportation investment decisions of the State or metropolitan planning organization with the goal of increasing resilience; (iv) include an investment plan that (I) includes a list of priority projects; and (II) describes how funds apportioned to the State under section 104(b)(8) or provided by a grant under the program would be invested and matched, which shall not be subject to fiscal constraint requirements; and (v) use science and data and indicate the source of data and methodologies; and (E) shall, as appropriate (i) include a description of how the plan will improve the ability of the State or metropolitan planning organization (I) to respond promptly to the impacts of weather events and natural disasters; and (II) to be prepared for changing conditions, such as sea level rise and increased flood risk; (ii) describe the codes, standards, and regulatory framework, if any, adopted and enforced to ensure resilience improvements within the impacted area of proposed projects included in the resilience improvement plan; (iii) consider the benefits of combining hard surface transportation assets, and natural infrastructure, through coordinated efforts by the Federal Government and the States; (iv) assess the resilience of other community assets, including buildings and housing, emergency management assets, and energy, water, and communication infrastructure; (v) use a long-term planning period; and (vi) include such other information as the State or metropolitan planning organization considers appropriate. (3)  No new planning requirements Nothing in this section requires a metropolitan planning organization or a State to develop a resilience improvement plan or to include a resilience improvement plan under the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable, of the metropolitan planning organization or State. (f)  Monitoring. (1)  In general Not later than 18 months after the date of enactment of this section, the Secretary shall (A) establish, for the purpose of evaluating the effectiveness and impacts of projects carried out with a grant under subsection (d) (i) subject to paragraph (2), transportation and any other metrics as the Secretary determines to be necessary; and (ii) procedures for monitoring and evaluating projects based on those metrics; and (B) select a representative sample of projects to evaluate based on the metrics and procedures established under subparagraph (A). (2)  Notice Before adopting any metrics described in paragraph (1), the Secretary shall (A) publish the proposed metrics in the Federal Register; and (B) provide to the public an opportunity for comment on the proposed metrics. (g)  Reports. (1)  Reports from eligible entities Not later than 1 year after the date on which a project carried out with a grant under subsection (d) is completed, the eligible entity that carried out the project shall submit to the Secretary a report on the results of the project and the use of the funds awarded. (2)  Reports to congress. (A)  Annual reports 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 publish on the website of the Department of Transportation, an annual report that describes the implementation of the program during the preceding calendar year, including (i) each project for which a grant was provided under subsection (d); (ii) information relating to project applications received; (iii) the manner in which the consultation requirements were implemented under subsection (d); (iv) recommendations to improve the administration of subsection (d), including whether assistance from additional or fewer agencies to carry out the program is appropriate; (v) the period required to disburse grant funds to eligible entities based on applicable Federal coordination requirements; and (vi) a list of facilities that repeatedly require repair or reconstruction due to emergency events. (B)  Final report Not later than 5 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress a report that includes the results of the reports submitted under subparagraph (A). (h)  Treatment of Projects Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter. (Added Pub. L. 11758, div. A, title I,  11405(a) Nov. 15, 2021 135 Stat. 561  Editorial Notes  References in Text The date of enactment of this section and the date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsecs. (f)(1) and (g)(2)(B), are the date of enactment of div. A of Pub. L. 11758 Nov. 15, 2021 Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title  177. Neighborhood access and equity grant program (a)  In General In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $1,893,000,000, to remain available until September 30, 2026 (1) to improve walkability, safety, and affordable transportation access through projects that are context-sensitive (A) to remove, remediate, or reuse a facility described in subsection (c)(1); (B) to replace a facility described in subsection (c)(1) with a facility that is at-grade or lower speed; (C) to retrofit or cap a facility described in subsection (c)(1); (D) to build or improve complete streets, multiuse trails, regional greenways, or active transportation networks and spines; or (E) to provide affordable access to essential destinations, public spaces, or transportation links and hubs; (2) to mitigate or remediate negative impacts on the human or natural environment resulting from a facility described in subsection (c)(2) in a disadvantaged or underserved community through (A) noise barriers to reduce impacts resulting from a facility described in subsection (c)(2); (B) technologies, infrastructure, and activities to reduce surface transportation-related greenhouse gas emissions and other air pollution; (C) natural infrastructure, pervious, permeable, or porous pavement, or protective features to reduce or manage stormwater run-off resulting from a facility described in subsection (c)(2); (D) infrastructure and natural features to reduce or mitigate urban heat island hot spots in the transportation right-of-way or on surface transportation facilities; or (E) safety improvements for vulnerable road users; and (3) for planning and capacity building activities in disadvantaged or underserved communities to (A) identify, monitor, or assess local and ambient air quality, emissions of transportation greenhouse gases, hot spot areas of extreme heat or elevated air pollution, gaps in tree canopy coverage, or flood prone transportation infrastructure; (B) assess transportation equity or pollution impacts and develop local anti-displacement policies and community benefit agreements; (C) conduct predevelopment activities for projects eligible under this subsection; (D) expand public participation in transportation planning by individuals and organizations in disadvantaged or underserved communities; or (E) administer or obtain technical assistance related to activities described in this subsection. (b)  Eligible Entities Described An eligible entity referred to in subsection (a) is (1) a State; (2) a unit of local government; (3) a political subdivision of a State; (4) an entity described in section 207(m)(1)(E); (5) a territory of the United States; (6) a special purpose district or public authority with a transportation function; (7) a metropolitan planning organization (as defined in section 134(b)(2)); or (8) with respect to a grant described in subsection (a)(3), in addition to an eligible entity described in paragraphs (1) through (7), a nonprofit organization or institution of higher education that has entered into a partnership with an eligible entity described in paragraphs (1) through (7). (c)  Facility Described A facility referred to in subsection (a) is (1) a surface transportation facility for which high speeds, grade separation, or other design factors create an obstacle to connectivity within a community; or (2) a surface transportation facility which is a source of air pollution, noise, stormwater, or other burden to a disadvantaged or underserved community. (d)  Investment in Economically Disadvantaged Communities. (1)  In general In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $1,262,000,000, to remain available until September 30, 2026 (2)  Communities described A community referred to in paragraph (1) is a community that (A) is economically disadvantaged, underserved, or located in an area of persistent poverty; (B) has entered or will enter into a community benefits agreement with representatives of the community; (C) has an anti-displacement policy, a community land trust, or a community advisory board in effect; or (D) has demonstrated a plan for employing local residents in the area impacted by the activity or project proposed under this section. (e)  Administration. (1)  In general A project carried out under subsection (a) or (d) shall be treated as a project on a Federal-aid highway. (2)  Compliance with existing requirements Funds made available for a grant under this section and administered by or through a State department of transportation shall be expended in compliance with the U.S. Department of Transportations Disadvantaged Business Enterprise Program. (f)  Cost Share The Federal share of the cost of an activity carried out using a grant awarded under this section shall be not more than 80 percent, except that the Federal share of the cost of a project in a disadvantaged or underserved community may be up to 100 percent. (g)  Technical Assistance In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available until September 30, 2026 (1) guidance, technical assistance, templates, training, or tools to facilitate efficient and effective contracting, design, and project delivery by units of local government; (2) subgrants to units of local government to build capacity of such units of local government to assume responsibilities to deliver surface transportation projects; and (3) operations and administration of the Federal Highway Administration. (h)  Limitations Amounts made available under this section shall not (1) be subject to any restriction or limitation on the total amount of funds available for implementation or execution of programs authorized for Federal-aid highways; and (2) be used for a project for additional through travel lanes for single-occupant passenger vehicles. (Added Pub. L. 117169, title VI,  60501(a) Aug. 16, 2022 136 Stat. 2080  178. Environmental review implementation funds (a)  Establishment In addition to amounts otherwise available, for fiscal year 2022, there is appropriated to the Administrator, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available until September 30, 2026 (1) the provision of guidance, technical assistance, templates, training, or tools to facilitate an efficient and effective environmental review process for surface transportation projects and any administrative expenses of the Federal Highway Administration to conduct activities described in this section; and (2) providing funds made available under this subsection to eligible entities (A) to build capacity of such eligible entities to conduct environmental review processes; (B) to facilitate the environmental review process for proposed projects by (i) defining the scope or study areas; (ii) identifying impacts, mitigation measures, and reasonable alternatives; (iii) preparing planning and environmental studies and other documents prior to and during the environmental review process, for potential use in the environmental review process in accordance with applicable statutes and regulations; (iv) conducting public engagement activities; and (v) carrying out permitting or other activities, as the Administrator determines to be appropriate, to support the timely completion of an environmental review process required for a proposed project; and (C) for administrative expenses of the eligible entity to conduct any of the activities described in subparagraphs (A) and (B). (b)  Cost Share. (1)  In general The Federal share of the cost of an activity carried out under this section by an eligible entity shall be not more than 80 percent. (2)  Source of funds The non-Federal share of the cost of an activity carried out under this section by an eligible entity may be satisfied using funds made available to the eligible entity under any other Federal, State, or local grant program. (c)  Definitions In this section: (1)  Administrator The term Administrator means the Administrator of the Federal Highway Administration. (2)  Eligible entity The term eligible entity means (A) a State; (B) a unit of local government; (C) a political subdivision of a State; (D) a territory of the United States; (E) an entity described in section 207(m)(1)(E); (F) a recipient of funds under section 203; or (G) a metropolitan planning organization (as defined in section 134(b)(2)). (3)  Environmental review process The term environmental review process has the meaning given the term in section 139(a)(5). (4)  Proposed project The term proposed project means a surface transportation project for which an environmental review process is required. (Added Pub. L. 117169, title VI,  60505(a) Aug. 16, 2022 136 Stat. 2083  179. Low-carbon transportation materials grants (a)  Federal Highway Administration Appropriation In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,000,000,000, to remain available until September 30, 2026 (b)  Reimbursement of Incremental Costs; Incentives (1)  In general The Administrator shall, subject to the availability of funds, either reimburse or provide incentives to eligible recipients that use low-embodied carbon construction materials and products on a project funded under this title. (2)  Reimbursement and incentive amounts (A)  Incremental amount The amount of reimbursement under paragraph (1) shall be equal to the incrementally higher cost of using such materials relative to the cost of using traditional materials, as determined by the eligible recipient and verified by the Administrator. (B)  Incentive amount The amount of an incentive under paragraph (1) shall be equal to 2 percent of the cost of using low-embodied carbon construction materials and products on a project funded under this title. (3)  Federal share If a reimbursement or incentive is provided under paragraph (1), the total Federal share payable for the project for which the reimbursement or incentive is provided shall be up to 100 percent. (4)  Limitations (A)  In general The Administrator shall only provide a reimbursement or incentive under paragraph (1) for a project on a (i) Federal-aid highway; (ii) tribal transportation facility; (iii) Federal lands transportation facility; or (iv) Federal lands access transportation facility. (B)  Other restrictions Amounts made available under this section shall not be subject to any restriction or limitation on the total amount of funds available for implementation or execution of programs authorized for Federal-aid highways. (C)  Single occupant passenger vehicles Funds made available under this section shall not be used for projects that result in additional through travel lanes for single occupant passenger vehicles. (5)  Materials identification The Administrator shall review the low-embodied carbon construction materials and products identified by the Administrator of the Environmental Protection Agency and shall identify low-embodied carbon construction materials and products (A) appropriate for use in projects eligible under this title; and (B) eligible for reimbursement or incentives under this section. (c)  Definitions In this section: (1)  Administrator The term Administrator means the Administrator of the Federal Highway Administration. (2)  Eligible recipient The term eligible recipient means (A) a State; (B) a unit of local government; (C) a political subdivision of a State; (D) a territory of the United States; (E) an entity described in section 207(m)(1)(E); (F) a recipient of funds under section 203; (G) a metropolitan planning organization (as defined in section 134(b)(2)); or (H) a special purpose district or public authority with a transportation function. (3)  Greenhouse gas The term greenhouse gas means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride. (Added Pub. L. 117169, title VI,  60506(a) Aug. 16, 2022 136 Stat. 2085 [ 181 to 190. Renumbered  601 to 610]  Editorial Notes Codification Subchapter II heading INFRASTRUCTURE FINANCE was struck out and sections 181 to 190, which comprised subchapter II of this chapter, were renumbered sections 601 to 610, respectively, and transferred to follow the analysis of chapter 6 of this title, by Pub. L. 10959, title I,  1602(b)(6)(B) Aug. 10, 2005 119 Stat. 1247 Pub. L. 110244, title I,  101(f) June 6, 2008 122 Stat. 1574 CHAPTER 2 OTHER HIGHWAYS    Sec.  201. Federal lands and tribal transportation programs.  202. Tribal transportation program.  203. Federal lands transportation program.  204. Federal lands access program.  205. Forest development roads and trails.  206. Recreational trails program.  207. Tribal transportation self-governance program.  208. Safe routes to school.  [ 209. Repealed.]  210. Defense access roads.  [ 211 216. Repealed.]  217. Bicycle transportation and pedestrian walkways.  218. Alaska Highway.  [ 219. Repealed.]  Editorial Notes Amendments 2021 Pub. L. 11758, div. A, title I,  11119(b)(1) Nov. 15, 2021 135 Stat. 497 2015 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1344 2012 Pub. L. 112141, div. A, title I July 6, 2012 126 Stat. 468 2005 Pub. L. 10959, title I,  1118(b)(3) Aug. 10, 2005 119 Stat. 1181 1998 Pub. L. 105178, title I,  1112(b) June 9, 1998 112 Stat. 151 1987 Pub. L. 10017, title I,  133(e)(1) Apr. 2, 1987 101 Stat. 173 1983 Pub. L. 97424, title I,  126(e)(1) Jan. 6, 1983 96 Stat. 2115 Pub. L. 97424, title I,  126(e)(2) Jan. 6, 1983 96 Stat. 2115 Pub. L. 97424, title I,  126(e)(3) Jan. 6, 1983 96 Stat. 2116 1976 Pub. L. 94280, title I,  135(b) May 5, 1976 90 Stat. 442 1975 Pub. L. 93643,  122(b) Jan. 4, 1975 88 Stat. 2290 1973 Pub. L. 9387, title I Aug. 13, 1973 87 Stat. 262 1970 Pub. L. 91605, title I Dec. 31, 1970 84 Stat. 1721 1962 Pub. L. 87866,  6(c) Oct. 23, 1962 76 Stat. 1147  201. Federal lands and tribal transportation programs (a)  Purpose Recognizing the need for all public Federal and tribal transportation facilities to be treated under uniform policies similar to the policies that apply to Federal-aid highways and other public transportation facilities, the Secretary of Transportation, in collaboration with the Secretaries of the appropriate Federal land management agencies, shall coordinate a uniform policy for all public Federal and tribal transportation facilities that shall apply to Federal lands transportation facilities, tribal transportation facilities, and Federal lands access transportation facilities. (b)  Availability of Funds. (1)  Availability Funds authorized for the tribal transportation program, the Federal lands transportation program, and the Federal lands access program shall be available for contract upon apportionment, or on October 1 of the fiscal year for which the funds were authorized if no apportionment is required. (2)  Amount remaining Any amount remaining unexpended for a period of 3 years after the close of the fiscal year for which the funds were authorized shall lapse. (3)  Obligations The Secretary of the department responsible for the administration of funds under this subsection may incur obligations, approve projects, and enter into contracts under such authorizations, which shall be considered to be contractual obligations of the United States for the payment of the cost thereof, the funds of which shall be considered to have been expended when obligated. (4)  Expenditure. (A)  In general Any funds authorized for any fiscal year after the date of enactment of this section under the Federal lands transportation program, the Federal lands access program, and the tribal transportation program shall be considered to have been expended if a sum equal to the total of the sums authorized for the fiscal year and previous fiscal years have been obligated. (B)  Credited funds Any funds described in subparagraph (A) that are released by payment of final voucher or modification of project authorizations shall be (i) credited to the balance of unobligated authorizations; and (ii) immediately available for expenditure. (5)  Applicability This section shall not apply to funds authorized before the date of enactment of this paragraph. (6)  Contractual obligation. (A)  In general Notwithstanding any other provision of law (including regulations), the authorization by the Secretary, or the Secretary of the appropriate Federal land management agency if the agency is the contracting office, of engineering and related work for the development, design, and acquisition associated with a construction project, whether performed by contract or agreement authorized by law, or the approval by the Secretary of plans, specifications, and estimates for construction of a project, shall be considered to constitute a contractual obligation of the Federal Government to pay the total eligible cost of (i) any project funded under this title; and (ii) any project funded pursuant to agreements authorized by this title or any other title. (B)  Effect Nothing in this paragraph (i) affects the application of the Federal share associated with the project being undertaken under this section; or (ii) modifies the point of obligation associated with Federal salaries and expenses. (7)  Federal share. (A)  Tribal and federal lands transportation program The Federal share of the cost of a project carried out under the Federal lands transportation program or the tribal transportation program shall be 100 percent. (B)  Federal lands access program The Federal share of the cost of a project carried out under the Federal lands access program shall be be 1 1 (c)  Transportation Planning. (1)  Transportation planning procedures In consultation with the Secretary of each appropriate Federal land management agency, the Secretary shall implement transportation planning procedures for Federal lands and tribal transportation facilities that are consistent with the planning processes required under sections 134 and 135. (2)  Approval of transportation improvement program The transportation improvement program developed as a part of the transportation planning process under this section shall be approved by the Secretary. (3)  Inclusion in other plans Each regionally significant tribal transportation program, Federal lands transportation program, and Federal lands access program project shall be (A) developed in cooperation with State and metropolitan planning organizations; and (B) included in appropriate tribal transportation program plans, Federal lands transportation program plans, Federal lands access program plans, State and metropolitan plans, and transportation improvement programs. (4)  Inclusion in state programs The approved tribal transportation program, Federal lands transportation program, and Federal lands access program transportation improvement programs shall be included in appropriate State and metropolitan planning organization plans and programs without further action on the transportation improvement program. (5)  Asset management The Secretary and the Secretary of each appropriate Federal land management agency shall, to the extent appropriate, implement safety, bridge, pavement, and congestion management systems for facilities funded under the tribal transportation program and the Federal lands transportation program in support of asset management. (6)  Data collection. (A)  Data collection. (i)  In general The Secretaries of the appropriate Federal land management agencies shall collect and report data necessary to implement the Federal lands transportation program, the Federal lands access program, and the tribal transportation program. (ii)  Requirement Data collected to implement the tribal transportation program shall be in accordance with the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 (iii)  Inclusions Data collected under this paragraph includes (I) inventory and condition information on Federal lands transportation facilities and tribal transportation facilities; and (II) bridge inspection and inventory information on any Federal bridge open to the public. (B)  Standards The Secretary, in coordination with the Secretaries of the appropriate Federal land management agencies, shall define the collection and reporting data standards. (C)  Tribal data collection In addition to the data to be collected under subparagraph (A), not later than 90 days after the last day of each fiscal year, any entity carrying out a project under the tribal transportation program under section 202 shall submit to the Secretary and the Secretary of the Interior, based on obligations and expenditures under the tribal transportation program during the preceding fiscal year, the following data: (i) The names of projects and activities carried out by the entity under the tribal transportation program during the preceding fiscal year. (ii) A description of the projects and activities identified under clause (i). (iii) The current status of the projects and activities identified under clause (i). (iv) An estimate of the number of jobs created and the number of jobs retained by the projects and activities identified under clause (i). (7)  Cooperative research and technology deployment The Secretary may conduct cooperative research and technology deployment in coordination with Federal land management agencies, as determined appropriate by the Secretary. (8)  Funding. (A)  In general To carry out the activities described in this subsection for Federal lands transportation facilities, Federal lands access transportation facilities, and other federally owned roads open to public travel (as that term is defined in section 125(e)), the Secretary shall for each fiscal year combine and use not greater than 20 percent of the funds authorized for programs under sections 203 and 204. (B)  Other activities In addition to the activities described in subparagraph (A), funds described under that subparagraph may be used for (i) bridge inspections on any federally owned bridge even if that bridge is not included on the inventory described under section 203; and (ii) transportation planning activities carried out by Federal land management agencies eligible for funding under this chapter. (d)  Reimbursable Agreements In carrying out work under reimbursable agreements with any State, local, or tribal government under this title, the Secretary (1) may, without regard to any other provision of law (including regulations), record obligations against accounts receivable from the entity; and (2) shall credit amounts received from the entity to the appropriate account, which shall occur not later than 90 days after the date of the original request by the Secretary for payment. (e)  Transfers. (1)  In general To enable the efficient use of funds made available for the Federal lands transportation program and the Federal lands access program, the funds may be transferred by the Secretary within and between each program with the concurrence of, as appropriate (A) the Secretary; (B) the affected Secretaries of the respective Federal land management agencies; (C) State departments of transportation; and (D) local government agencies. (2)  Credit The funds described in paragraph (1) shall be credited back to the loaning entity with funds that are currently available for obligation at the time of the credit. (f)  Alternative Contracting Methods. (1)  In general Notwithstanding any other provision of law (including the Federal Acquisition Regulation), a contracting method available to a State under this title may be used by the Secretary, on behalf of (A) a Federal land management agency, in using any funds pursuant to section 203, 204, or 308; (B) a Federal land management agency, in using any funds pursuant to section 1535 of title 31 (C) a Tribal government, in using funds pursuant to section 202(b)(7)(D). (2)  Methods described The contracting methods referred to in paragraph (1) shall include, at a minimum (A) project bundling; (B) bridge bundling; (C) design-build contracting; (D) 2-phase contracting; (E) long-term concession agreements; and (F) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary. (3)  Effect Nothing in this subsection (A) affects the application of the Federal share for the project carried out with a contracting method under this subsection; or (B) modifies the point of obligation of Federal salaries and expenses. (Added Pub. L. 112141, div. A, title I,  1119(a) July 6, 2012 126 Stat. 473 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1356 Pub. L. 11758, div. A, title I l Nov. 15, 2021 135 Stat. 479  Editorial Notes  References in Text The date of enactment of this section and the date of enactment of this paragraph, referred to in subsec. (b)(4)(A), (5), is the date of enactment of Pub. L. 112141 July 6, 2012 The Indian Self-Determination and Education Assistance Act, referred to in subsec. (c)(6)(A)(ii), is Pub. L. 93638 Jan. 4, 1975 88 Stat. 2203 section 5301 of Title 25 Prior Provisions A prior section 201, Pub. L. 85767 Aug. 27, 1958 72 Stat. 906 Pub. L. 97424, title I,  126(f) Jan. 6, 1983 96 Stat. 2116 Pub. L. 105178, title I,  1115(e)(1) June 9, 1998 112 Stat. 158 Pub. L. 112141, div. A, title I,  1119(a) July 6, 2012 126 Stat. 473 Amendments 2021Subsec. (b)(7)(B). Pub. L. 11758,  11113(a)(1) Subsec. (c)(6)(A)(ii). Pub. L. 11758,  11525 l 25 U.S.C. 5301 25 U.S.C. 450 Subsec. (c)(8)(A). Pub. L. 11758,  11113(a)(2) Subsec. (f). Pub. L. 11758,  11305(a) 2015Subsec. (c)(6)(A). Pub. L. 11494,  1120(1) 25 U.S.C. 450 Subsec. (c)(6)(C). Pub. L. 11494,  1117(a) Subsec. (c)(7), (8). Pub. L. 11494,  1120(2) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date Section effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Use of Alternative Contracting Methods Pub. L. 11758, div. A, title I,  11305(c) Nov. 15, 2021 135 Stat. 532  In carrying out an alternative contracting method under section 201(f) or 308(a)(4) of title 23, United States Code, the Secretary [of Transportation] shall (1) in consultation with the applicable Federal land management agencies, establish clear procedures that are (A) applicable to the alternative contracting method; and (B) to the maximum extent practicable, consistent with the requirements applicable to Federal procurement transactions; (2) solicit input on the use of the alternative contracting method from the affected industry prior to using the method; and (3) analyze and prepare an evaluation of the use of the alternative contracting method. Nationally Significant Federal Lands and Tribal Projects Program Pub. L. 11494, div. A, title I,  1123 Dec. 4, 2015 129 Stat. 1370 Pub. L. 11758, div. A, title I,  11127 Nov. 15, 2021 135 Stat. 507  (a)  Purpose The Secretary [of Transportation] shall establish a nationally significant Federal lands and tribal projects program (referred to in this section as the program) to provide funding to construct, reconstruct, or rehabilitate nationally significant Federal lands and tribal transportation projects. (b)  Eligible Applicants. (1)  In general Except as provided in paragraph (2), entities eligible to receive funds under sections 201, 202, 203, and 204 of title 23, United States Code, may apply for funding under the program. (2)  Special rule A State, county, or unit of local government may only apply for funding under the program if sponsored by an eligible Federal land management agency or Indian tribe. (c)  Eligible Projects An eligible project under the program shall be a single continuous project (1) on a Federal lands transportation facility, a Federal lands access transportation facility, or a tribal transportation facility (as those terms are defined in section 101 of title 23 (2) for which completion of activities required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (A) a record of decision with respect to the project; (B) a finding that the project has no significant impact; or (C) a determination that the project is categorically excluded; and (3) having an estimated cost, based on the results of preliminary engineering, equal to or exceeding $12,500,000. (d)  Eligible Activities. (1)  In general Subject to paragraph (2), an eligible applicant receiving funds under the program may only use the funds for construction, reconstruction, and rehabilitation activities. (2)  Ineligible activities An eligible applicant may not use funds received under the program for activities relating to project design. (e)  Applications Eligible applicants shall submit to the Secretary [of Transportation] an application at such time, in such form, and containing such information as the Secretary may require. (f)  Selection Criteria In selecting a project to receive funds under the program, the Secretary shall consider the extent to which the project (1) furthers the goals of the Department, including state of good repair, economic competitiveness, quality of life, and safety; (2) improves the condition of critical transportation facilities, including multimodal facilities; (3) needs construction, reconstruction, or rehabilitation; (4) has costs matched by funds that are not provided under this section, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches; (5) is included in or eligible for inclusion in the National Register of Historic Places; (6) uses new technologies and innovations that enhance the efficiency of the project; (7) is supported by funds, other than the funds received under the program, to construct, maintain, and operate the facility; (8) spans 2 or more States; and (9) serves land owned by multiple Federal agencies or Indian tribes. (g)  Cost Share. (1)  Federal share. (A)  In general Except as provided in subparagraph (B), the Federal share of the cost of a project shall be up to 90 percent. (B)  Tribal projects In the case of a project on a tribal transportation facility (as defined in section 101(a) of title 23 (2)  Non-federal share Notwithstanding any other provision of law, any Federal funds may be used to pay the non-Federal share of the cost of a project carried out under this section. (h)  Use of Funds. (1)  In general For each fiscal year, of the amounts made available to carry out this section (A) 50 percent shall be used for eligible projects on Federal lands transportation facilities and Federal lands access transportation facilities (as those terms are defined in section 101(a) of title 23 (B) 50 percent shall be used for eligible projects on tribal transportation facilities (as defined in section 101(a) of title 23 (2)  Requirement Not less than 1 eligible project carried out using the amount described in paragraph (1)(A) shall be in a unit of the National Park System with not less than 3,000,000 annual visitors. (3)  Availability Amounts made available to carry out this section shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.  202. Tribal transportation program (a)  Use of Funds. (1)  In general Funds made available under the tribal transportation program shall be used by the Secretary of Transportation and the Secretary of the Interior to pay the costs of (A) (i) transportation planning, research, maintenance, engineering, rehabilitation, restoration, construction, and reconstruction of tribal transportation facilities; (ii) adjacent vehicular parking areas; (iii) interpretive signage; (iv) acquisition of necessary scenic easements and scenic or historic sites; (v) provisions for pedestrians and bicycles; (vi) environmental mitigation in or adjacent to tribal land (I) to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; and (II) to mitigate the damage to wildlife, aquatic organism passage, habitat, and ecosystem connectivity, including the costs of constructing, maintaining, replacing, or removing culverts and bridges, as appropriate; (vii) construction and reconstruction of roadside rest areas, including sanitary and water facilities; and (viii) other appropriate public road facilities as determined by the Secretary; (B) operation and maintenance of transit programs and facilities that are located on, or provide access to, tribal land, or are administered by a tribal government; and (C) any transportation project eligible for assistance under this title that is located within, or that provides access to, tribal land, or is associated with a tribal government. (2)  Contract In connection with an activity described in paragraph (1), the Secretary and the Secretary of the Interior may enter into a contract or other appropriate agreement with respect to the activity with (A) a State (including a political subdivision of a State); or (B) an Indian tribe. (3)  Indian labor Indian labor may be employed, in accordance with such rules and regulations as may be promulgated by the Secretary of the Interior, to carry out any construction or other activity described in paragraph (1). (4)  Federal employment No maximum limitation on Federal employment shall be applicable to the construction or improvement of tribal transportation facilities. (5)  Funds for construction and improvement All funds made available for the construction and improvement of tribal transportation facilities shall be administered in conformity with regulations and agreements jointly approved by the Secretary and the Secretary of the Interior. (6)  Administrative expenses Of the funds authorized to be appropriated for the tribal transportation program, not more than 5 percent may be used by the Secretary or the Secretary of the Interior for program management and oversight and project-related administrative expenses. (7)  Tribal technical assistance centers The Secretary of the Interior may reserve amounts from administrative funds of the Bureau of Indian Affairs that are associated with the tribal transportation program to fund tribal technical assistance centers under section 504(b). (8)  Maintenance. (A)  Use of funds Notwithstanding any other provision of this title, of the amount of funds allocated to an Indian tribe from the tribal transportation program, for the purpose of maintenance (excluding road sealing, which shall not be subject to any limitation), the Secretary shall not use an amount more than the greater of (i) an amount equal to 25 percent; or (ii) $500,000. (B)  Responsibility of bureau of indian affairs and secretary of the interior. (i)  Bureau of indian affairs The Bureau of Indian Affairs shall retain primary responsibility, including annual funding request responsibility, for Bureau of Indian Affairs road maintenance programs on Indian reservations. (ii)  Secretary of the interior The Secretary of the Interior shall ensure that funding made available under this subsection for maintenance of tribal transportation facilities for each fiscal year is supplementary to, and not in lieu of, any obligation of funds by the Bureau of Indian Affairs for road maintenance programs on Indian reservations. (C)  Tribal-state road maintenance agreements. (i)  In general An Indian tribe and a State may enter into a road maintenance agreement under which an Indian tribe shall assume the responsibility of the State for (I) tribal transportation facilities; and (II) roads providing access to tribal transportation facilities. (ii)  Requirements Agreements entered into under clause (i) shall (I) be negotiated between the State and the Indian tribe; and (II) not require the approval of the Secretary. (9)  Cooperation. (A)  In general The cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement. (B)  Funds received Any funds received from a State, county, or local subdivision shall be credited to appropriations available for the tribal transportation program. (10)  Competitive bidding. (A)  Construction. (i)  In general Subject to clause (ii) and subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding. (ii)  Exception Clause (i) shall not apply if the Secretary or the Secretary of the Interior affirmatively finds that, under the circumstances relating to the project, a different method is in the public interest. (B)  Applicability Notwithstanding subparagraph (A), section 23 of the Act of June 25, 1910 25 U.S.C. 47 25 U.S.C. 5307(b) (b)  Funds Distribution. (1)  National tribal transportation facility inventory. (A)  In general The Secretary of the Interior, in cooperation with the Secretary, shall maintain a comprehensive national inventory of tribal transportation facilities that are eligible for assistance under the tribal transportation program. (B)  Transportation facilities included in the inventory For purposes of identifying the tribal transportation system and determining the relative transportation needs among Indian tribes, the Secretary shall include, at a minimum, transportation facilities that are eligible for assistance under the tribal transportation program that an Indian tribe has requested, including facilities that (i) were included in the Bureau of Indian Affairs system inventory prior to October 1, 2004 (ii) are owned by an Indian tribal government; (iii) are owned by the Bureau of Indian Affairs; (iv) were constructed or reconstructed with funds from the Highway Trust Fund under the Indian reservation roads program since 1983; (v) are public roads or bridges within the exterior boundary of Indian reservations, Alaska Native villages, and other recognized Indian communities (including communities in former Indian reservations in the State of Oklahoma) in which the majority of residents are American Indians or Alaska Natives; (vi) are public roads within or providing access to an Indian reservation or Indian trust land or restricted Indian land that is not subject to fee title alienation without the approval of the Federal Government, or Indian or Alaska Native villages, groups, or communities in which Indians and Alaska Natives reside, whom the Secretary of the Interior has determined are eligible for services generally available to Indians under Federal laws specifically applicable to Indians; or (vii) are primary access routes proposed by tribal governments, including roads between villages, roads to landfills, roads to drinking water sources, roads to natural resources identified for economic development, and roads that provide access to intermodal terminals, such as airports, harbors, or boat landings. (C)  Limitation on primary access routes For purposes of this paragraph, a proposed primary access route is the shortest practicable route connecting 2 points of the proposed route. (D)  Additional facilities Nothing in this paragraph precludes the Secretary from including additional transportation facilities that are eligible for funding under the tribal transportation program in the inventory used for the national funding allocation if such additional facilities are included in the inventory in a uniform and consistent manner nationally. (E)  Bridges All bridges in the inventory shall be recorded in the national bridge inventory administered by the Secretary under section 144. (2)  Regulations Notwithstanding sections 563(a) and 565(a) of title 5, the Secretary of the Interior shall maintain any regulations governing the tribal transportation program. (3)  Basis for funding formula. (A)  Basis. (i)  In general After making the set asides authorized under subparagraph (C) and subsections (a)(6), (c), (d), and (e) on October 1 of each fiscal year, the Secretary shall distribute the remainder authorized to be appropriated for the tribal transportation program under this section among Indian tribes as follows: (I) For fiscal year 2013 (aa) for each Indian tribe, 80 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and (bb) the remainder using tribal shares as described in subparagraphs (B) and (C). (II) For fiscal year 2014 (aa) for each Indian tribe, 60 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and (bb) the remainder using tribal shares as described in subparagraphs (B) and (C). (III) For fiscal year 2015 (aa) for each Indian tribe, 40 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and (bb) the remainder using tribal shares as described in subparagraphs (B) and (C). (IV) For fiscal year 2016 and thereafter (aa) for each Indian tribe, 20 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and (bb) the remainder using tribal shares as described in subparagraphs (B) and (C). (ii)  Tribal high priority projects The High Priority Projects program as included in the Tribal Transportation Allocation Methodology of part 170 of title 25, Code of Federal Regulations (as in effect on the date of enactment of the MAP21), shall not continue in effect. (B)  Tribal shares Tribal shares under this program shall be determined using the national tribal transportation facility inventory as calculated for fiscal year 2012, and the most recent data on American Indian and Alaska Native population within each Indian tribes American Indian/Alaska Native Reservation or Statistical Area, as computed under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 (i) 27 percent in the ratio that the total eligible road mileage in each tribe bears to the total eligible road mileage of all American Indians and Alaskan Natives. For the purposes of this calculation, eligible road mileage shall be computed based on the inventory described in paragraph (1), using only facilities included in the inventory described in clause (i), (ii), or (iii) of paragraph (1)(B). (ii) 39 percent in the ratio that the total population in each tribe bears to the total population of all American Indians and Alaskan Natives. (iii) 34 percent shall be divided equally among each Bureau of Indian Affairs region. Within each region, such share of funds shall be distributed to each Indian tribe in the ratio that the average total relative need distribution factors and population adjustment factors from fiscal years 2005 through 2011 for a tribe bears to the average total of relative need distribution factors and population adjustment factors for fiscal years 2005 through 2011 in that region. (C)  Tribal supplemental funding. (i)  Tribal supplemental funding amount Of funds made available for each fiscal year for the tribal transportation program, the Secretary shall set aside the following amount for a tribal supplemental program: (I) If the amount made available for the tribal transportation program is less than or equal to $275,000,000, 30 percent of such amount. (II) If the amount made available for the tribal transportation program exceeds $275,000,000 (aa) $82,500,000; plus (bb) 12.5 percent of the amount made available for the tribal transportation program in excess of $275,000,000. (ii)  Tribal supplemental allocation The Secretary shall distribute tribal supplemental funds as follows: (I)  Distribution among regions Of the amounts set aside under clause (i), the Secretary shall distribute to each region of the Bureau of Indian Affairs a share of tribal supplemental funds in proportion to the regional total of tribal shares based on the cumulative tribal shares of all Indian tribes within such region under subparagraph (B). (II)  Distribution within a region Of the amount that a region receives under subclause (I), the Secretary shall distribute tribal supplemental funding among Indian tribes within such region as follows: (aa)  Tribal supplemental amounts The Secretary shall determine (AA) which such Indian tribes would be entitled under subparagraph (A) to receive in a fiscal year less funding than they would receive in fiscal year 2011 pursuant to the relative need distribution factor and population adjustment factor, as described in subpart C of part 170 of title 25, Code of Federal Regulations (as in effect on the date of enactment of the MAP21); and (BB) the combined amount that such Indian tribes would be entitled to receive in fiscal year 2011 pursuant to such relative need distribution factor and population adjustment factor in excess of the amount that they would be entitled to receive in the fiscal year under subparagraph (B). (bb)  Combined amount Subject to subclause (III), the Secretary shall distribute to each Indian tribe that meets the criteria described in item (aa)(AA) a share of funding under this subparagraph in proportion to the share of the combined amount determined under item (aa)(BB) attributable to such Indian tribe. (III)  Ceiling An Indian tribe may not receive under subclause (II) and based on its tribal share under subparagraph (A) a combined amount that exceeds the amount that such Indian tribe would be entitled to receive in fiscal year 2011 pursuant to the relative need distribution factor and population adjustment factor, as described in subpart C of part 170 of title 25, Code of Federal Regulations (as in effect on the date of enactment of the MAP21). (IV)  Other amounts If the amount made available for a region under subclause (I) exceeds the amount distributed among Indian tribes within that region under subclause (II), the Secretary shall distribute the remainder of such regions funding under such subclause among all Indian tribes in that region in proportion to the combined amount that each such Indian tribe received under subparagraph (A) and subclauses (I), (II), and (III). (4)  Transferred funds. (A)  In general Not later than 30 days after the date on which funds are made available to the Secretary of the Interior under this paragraph, the funds shall be distributed to, and made available for immediate use by, eligible Indian tribes, in accordance with the formula for distribution of funds under the tribal transportation program. (B)  Use of funds Notwithstanding any other provision of this section, funds made available to Indian tribes for tribal transportation facilities shall be expended on projects identified in a transportation improvement program approved by the Secretary. (5)  Health and safety assurances Notwithstanding any other provision of law, an Indian tribal government may approve plans, specifications, and estimates and commence road and bridge construction with funds made available from the tribal transportation program through a contract or agreement under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 (A) provides assurances in the contract or agreement that the construction will meet or exceed applicable health and safety standards; (B) obtains the advance review of the plans and specifications from a State-licensed civil engineer that has certified that the plans and specifications meet or exceed the applicable health and safety standards; and (C) provides a copy of the certification under subparagraph (A) to the Deputy Assistant Secretary for Tribal Government Affairs, Department of Transportation, or the Assistant Secretary for Indian Affairs, Department of the Interior, as appropriate. (6)  Contracts and agreements with indian tribes. (A)  In general Notwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available through the Secretary of the Interior under this chapter and section 125(e) for tribal transportation facilities to pay for the costs of programs, services, functions, and activities, or portions of programs, services, functions, or activities, that are specifically or functionally related to the cost of planning, research, engineering, and construction of any tribal transportation facility shall be made available, upon request of the Indian tribal government, to the Indian tribal government for contracts and agreements for such planning, research, engineering, and construction in accordance with 1 1 25 U.S.C. 5301 (B)  Exclusion of agency participation All funds, including contract support costs, for programs, functions, services, or activities, or portions of programs, services, functions, or activities, including supportive administrative functions that are otherwise contractible to which subparagraph (A) applies, shall be paid in accordance with subparagraph (A), without regard to the organizational level at which the Department of the Interior has previously carried out such programs, functions, services, or activities. (7)  Contracts and agreements with indian tribes. (A)  In general Notwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available to an Indian tribal government under this chapter for a tribal transportation facility program or project shall be made available, on the request of the Indian tribal government, to the Indian tribal government for use in carrying out, in accordance with the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 (B)  Exclusion of agency participation In accordance with subparagraph (A), all funds, including contract support costs, for a program or project to which subparagraph (A) applies shall be paid to the Indian tribal government without regard to the organizational level at which the Department of the Interior has previously carried out, or the Department of Transportation has previously carried out under the tribal transportation program, the programs, functions, services, or activities involved. (C)  Consortia Two or more Indian tribes that are otherwise eligible to participate in a program or project to which this chapter applies may form a consortium to be considered as a single Indian tribe for the purpose of participating in the project under this section. (D)  Secretary as signatory Notwithstanding any other provision of law, the Secretary is authorized to enter into a funding agreement with an Indian tribal government to carry out a tribal transportation facility program or project under subparagraph (A) that is located on an Indian reservation or provides access to the reservation or a community of the Indian tribe. (E)  Funding The amount an Indian tribal government receives for a program or project under subparagraph (A) shall equal the sum of the funding that the Indian tribal government would otherwise receive for the program or project in accordance with the funding formula established under this subsection and 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. (F)  Eligibility. (i)  In general Subject to clause (ii) and the approval of the Secretary, funds may be made available under subparagraph (A) to an Indian tribal government for a program or project in a fiscal year only if the Indian tribal government requesting such funds demonstrates to the satisfaction of the Secretary financial stability and financial management capability during the 3 fiscal years immediately preceding the fiscal year for which the request is being made. (ii)  Considerations An Indian tribal government that had no uncorrected significant and material audit exceptions in the required annual audit of the contracts or self-governance funding agreements made by the Indian tribe with any Federal agency under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 (G)  Assumption of functions and duties An Indian tribal government receiving funding under subparagraph (A) for a program or project shall assume all functions and duties that the Secretary of the Interior would have performed with respect to a program or project under this chapter, other than those functions and duties that inherently cannot be legally transferred under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 (H)  Powers An Indian tribal government receiving funding under subparagraph (A) for a program or project shall have all powers that the Secretary of the Interior would have exercised in administering the funds transferred to the Indian tribal government for such program or project under this section if the funds had not been transferred, except to the extent that such powers are powers that inherently cannot be legally transferred under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 (I)  Dispute resolution In the event of a disagreement between the Secretary or the Secretary of the Interior and an Indian tribe over whether a particular function, duty, or power may be lawfully transferred to the Indian tribe under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 (J)  Termination of contract or agreement On the date of the termination of a contract or agreement under this section by an Indian tribal government, the Secretary shall transfer all funds that would have been allocated to the Indian tribal government under the contract or agreement to the Secretary of the Interior to provide continued transportation services in accordance with applicable law. (c)  Planning. (1)  In general For each fiscal year, not more than 2 percent of the funds made available for the tribal transportation program shall be allocated among Indian tribal governments that apply for transportation planning pursuant to the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 (2)  Requirement An Indian tribal government, in cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or metropolitan planning organization, shall carry out a transportation planning process in accordance with section 201(c). (3)  Selection and approval of projects A project funded under this section shall be (A) selected by the Indian tribal government from the transportation improvement program; and (B) subject to the approval of the Secretary of the Interior and the Secretary. (d)  Tribal Transportation Facility Bridges. (1)  Nationwide priority program The Secretary shall maintain a nationwide priority program for improving bridges eligible for the tribal transportation program classified as in poor condition, having low load capacity, or needing geometric improvements. (2)  Use of funds Funds made available to carry out this subsection shall be used (A) to carry out any planning, design, engineering, preconstruction, construction, and inspection of new or replacement tribal transportation facility bridges; (B) to replace, rehabilitate, seismically retrofit, paint, apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing composition; or (C) to implement any countermeasure for tribal transportation facility bridges classified as in poor condition, having a low load capacity, or needing geometric improvements, including multiple-pipe culverts. (3)  Eligible bridges To be eligible to receive funding under this subsection, a bridge described in paragraph (1) shall (A) have an opening of not less than 20 feet; (B) be classified as a tribal transportation facility; and (C) be classified as in poor condition, having a low load capacity, or needing geometric improvements. (4)  Approval requirement The Secretary may make funds available under this subsection for preliminary engineering, construction, and construction engineering activities after approval of required documentation and verification of eligibility in accordance with this title. (e)  Safety. (1)  Funding Before making any distribution under subsection (b), the Secretary shall set aside not more than 4 percent of the funds made available under the tribal transportation program for each fiscal year to be allocated based on an identification and analysis of highway safety issues and opportunities on tribal land, as determined by the Secretary, on application of the Indian tribal governments for eligible projects described in section 148(a)(4). (2)  Project selection An Indian tribal government, in cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or metropolitan planning organization, shall select projects from the transportation improvement program, subject to the approval of the Secretary and the Secretary of the Interior. (f)  Federal-aid Eligible Projects Before approving as a project on a tribal transportation facility any project eligible for funds apportioned under section 104 in a State, the Secretary shall, for projects on tribal transportation facilities, determine that the obligation of funds for the project is supplementary to and not in lieu of the obligation of a fair and equitable share of funds apportioned to the State under section 104. (Added Pub. L. 112141, div. A, title I,  1119(a) July 6, 2012 126 Stat. 476 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1358 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 606  Editorial Notes  References in Text The date of enactment of the MAP21, referred to in subsec. (b)(3)(A)(ii), (C)(ii)(II)(aa)(AA), (III), is deemed to be Oct. 1, 2012 Pub. L. 112141 section 101 of this title The Native American Housing Assistance and Self-Determination Act of 1996, referred to in subsec. (b)(3)(B), is Pub. L. 104330 Oct. 26, 1996 110 Stat. 4016 section 4101 of Title 25 The Indian Self-Determination and Education Assistance Act, referred to in subsecs. (b) and (c), is Pub. L. 93638 Jan. 4, 1975 88 Stat. 2203 section 5301 of Title 25 Prior Provisions A prior section 202, Pub. L. 85767 Aug. 27, 1958 72 Stat. 906 Pub. L. 94280, title I,  133 May 5, 1976 90 Stat. 441 Pub. L. 97424, title I,  126(a) Jan. 6, 1983 96 Stat. 2113 Pub. L. 102240, title I,  1032(a) Dec. 18, 1991 105 Stat. 1974 Pub. L. 105178, title I June 9, 1998 112 Stat. 154 Pub. L. 105206, title IX,  9002(i) July 22, 1998 112 Stat. 836 Pub. L. 10959, title I,  1119(c) Aug. 10, 2005 119 Stat. 11821185 Pub. L. 112141, div. A, title I,  1119(a) July 6, 2012 126 Stat. 473 Amendments 2021 Pub. L. 11758,  11525(m)(1) 25 U.S.C. 5301 25 U.S.C. 450 Subsec. (a)(10)(B). Pub. L. 11758,  11525(m)(2) 25 U.S.C. 5307(b) 25 U.S.C. 450e(b) Subsec. (b)(5). Pub. L. 11758,  11525(m)(3) Subsec. (d)(1). Pub. L. 11758,  11524(c)(1) Subsec. (d)(2). Pub. L. 11758,  14004 (A) to carry out any planning, design, engineering, preconstruction, construction, and inspection of a project to replace, rehabilitate, seismically retrofit, paint, apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing composition; or (B) to implement any countermeasure for deficient tribal transportation facility bridges, including multiple-pipe culverts. Subsec. (d)(3)(C). Pub. L. 11758,  11524(c)(2) Subsec. (e)(1). Pub. L. 11758,  14008(d) 2015Subsec. (a)(6). Pub. L. 11494,  1118(1) Subsec. (b)(3)(A)(i). Pub. L. 11494,  1446(a)(12)(A) Subsec. (b)(3)(C)(ii)(IV). Pub. L. 11494,  1446(a)(12)(B) Subsec. (d)(2). Pub. L. 11494,  1118(2) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date Section effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Environmental Reviews for Certain Tribal Transportation Facilities Pub. L. 11758, div. A, title IV,  14002 Nov. 15, 2021 135 Stat. 646  (a)  Definition of Tribal Transportation Safety Project. (1)  In general In this section, the term tribal transportation safety project means a project described in paragraph (2) that is eligible for funding under section 202 of title 23 (2)  Project described A project described in this paragraph is a project that corrects or improves a hazardous road location or feature or addresses a highway safety problem through 1 or more of the activities described in any of the clauses under section 148(a)(4)(B) of title 23 (b)  Reviews of Tribal Transportation Safety Projects. (1)  In general The Secretary [of the Interior] or the Secretary of Transportation, as applicable, or the head of another Federal agency responsible for a decision related to a tribal transportation safety project shall complete any approval or decision for the review of the tribal transportation safety project required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (2)  Review of applications Not later than 45 days after the date of receipt of a complete application by an Indian tribe for approval of a tribal transportation safety project, the Secretary or the Secretary of Transportation, as applicable, shall (A) take final action on the application; or (B) provide the Indian tribe a schedule for completion of the review described in paragraph (1), including the identification of any other Federal agency that has jurisdiction with respect to the project. (3)  Decisions under other federal laws In any case in which a decision under any other Federal law relating to a tribal transportation safety project (including the issuance or denial of a permit or license) is required, not later than 45 days after the Secretary or the Secretary of Transportation, as applicable, has made all decisions of the lead agency under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (A) make the applicable decision; or (B) provide the Indian tribe a schedule for making the decision. (4)  Extensions The Secretary or the Secretary of Transportation, as applicable, or the head of the Federal agency may extend the period under paragraph (2) or (3), as applicable, by an additional 30 days by providing the Indian tribe notice of the extension, including a statement of the need for the extension. (5)  Notification and explanation In any case in which a required action is not completed by the deadline under paragraph (2), (3), or (4), as applicable, the Secretary, the Secretary of Transportation, or the head of a Federal agency, as applicable, shall (A) notify the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives of the failure to comply with the deadline; and (B) provide to the Committees described in subparagraph (A) a detailed explanation of the reasons for the failure to comply with the deadline. Programmatic Agreements for Tribal Categorical Exclusions Pub. L. 11758, div. A, title IV,  14003 Nov. 15, 2021 135 Stat. 648  (a)  In General The Secretary [of the Interior] and the Secretary of Transportation shall enter into programmatic agreements with Indian tribes that establish efficient administrative procedures for carrying out environmental reviews for projects eligible for assistance under section 202 of title 23 (b)  Inclusions A programmatic agreement under subsection (a) (1) may include an agreement that allows an Indian tribe to determine, on behalf of the Secretary and the Secretary of Transportation, whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (2) shall (A) require that the Indian tribe maintain adequate capability in terms of personnel and other resources to carry out applicable agency responsibilities pursuant to section 1507.2 of title 40, Code of Federal Regulations (or successor regulations); (B) set forth the responsibilities of the Indian tribe for making categorical exclusion determinations, documenting the determinations, and achieving acceptable quality control and quality assurance; (C) allow (i) the Secretary and the Secretary of Transportation to monitor compliance of the Indian tribe with the terms of the agreement; and (ii) the Indian tribe to execute any needed corrective action; (D) contain stipulations for amendments, termination, and public availability of the agreement once the agreement has been executed; and (E) have a term of not more than 5 years, with an option for renewal based on a review by the Secretary and the Secretary of Transportation of the performance of the Indian tribe. Study of Road Maintenance on Indian Land Pub. L. 11758, div. A, title IV,  14006 Nov. 15, 2021 135 Stat. 649  (a)  Definitions In this section: (1)  Indian land The term Indian land has the meaning given the term Indian lands in section 3 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 ( 25 U.S.C. 4302 (2)  Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (3)  Road The term road means a road managed in whole or in part by the Bureau of Indian Affairs. (4)  Secretary The term Secretary means the Secretary [of the Interior], acting through the Assistant Secretary for Indian Affairs. (b)  Study Not later than 2 years after the date of enactment of this Act [ Nov. 15, 2021 (1) the long-term viability and useful life of existing roads on Indian land; (2) any steps necessary to achieve the goal of addressing the deferred maintenance backlog of existing roads on Indian land; (3) programmatic reforms and performance enhancements necessary to achieve the goal of restructuring and streamlining road maintenance programs on existing or future roads located on Indian land; and (4) recommendations on how to implement efforts to coordinate with States, counties, municipalities, and other units of local government to maintain roads on Indian land. (c)  Tribal Consultation and Input Before beginning the study under subsection (b), the Secretary shall (1) consult with any Indian tribes that have jurisdiction over roads eligible for funding under the road maintenance program of the Bureau of Indian Affairs; and (2) solicit and consider the input, comments, and recommendations of the Indian tribes described in paragraph (1). (d)  Report On completion of the study under subsection (b), the Secretary, in consultation with the Secretary of Transportation, shall submit to the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure of the House of Representatives a report on the results and findings of the study. (e)  Status Report Not later than 2 years after the date of enactment of this Act, and not less frequently than every 2 years thereafter, the Secretary, in consultation with the Secretary of Transportation, shall submit to the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure of the House of Representatives a report that includes a description of (1) the progress made toward addressing the deferred maintenance needs of the roads on Indian land, including a list of projects funded during the fiscal period covered by the report; (2) the outstanding needs of the roads that have been provided funding to address the deferred maintenance needs; (3) the remaining needs of any of the projects referred to in paragraph (1); (4) how the goals described in subsection (b) have been met, including (A) an identification and assessment of any deficiencies or shortfalls in meeting the goals; and (B) a plan to address the deficiencies or shortfalls in meeting the goals; and (5) any other issues or recommendations provided by an Indian tribe under the consultation and input process under subsection (c) that the Secretary determines to be appropriate. Maintenance of Certain Indian Reservation Roads Pub. L. 11758, div. A, title IV,  14007 Nov. 15, 2021 135 Stat. 650 The Commissioner of U.S. Customs and Border Protection may transfer funds to the Director of the Bureau of Indian Affairs to maintain, repair, or reconstruct roads under the jurisdiction of the Director, subject to the condition that the Commissioner and the Director shall mutually agree that the primary user of the subject road is U.S. Customs and Border Protection. Tribal Transportation Safety Needs Pub. L. 11758, div. A, title IV,  14008(a) Nov. 15, 2021 135 Stat. 650  (a)  Definitions In this section: (1)  Alaska native The term Alaska Native has the meaning given the term Native in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 (2)  Alaska native village The term Alaska Native village has the meaning given the term Native village in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 (3)  Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (b)  Best Practices, Standardized Crash Report Form. (1)  In general Not later than 1 year after the date of enactment of this Act [ Nov. 15, 2021 (A) best practices for the compiling, analysis, and sharing of motor vehicle crash data for crashes occurring on Indian reservations and in Alaska Native communities; and (B) a standardized form for use by Indian tribes and Alaska Native communities to carry out those best practices. (2)  Purpose The purpose of the best practices and standardized form developed under paragraph (1) shall be to improve the quality and quantity of crash data available to and used by the Federal Highway Administration, State departments of transportation, Indian tribes, and Alaska Native villages. (3)  Report On completion of the development of the best practices and standardized form under paragraph (1), the Secretary of Transportation shall submit to the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure of the House of Representatives a report describing the best practices and standardized form. (c)  Use of IMARS The Director of the Bureau of Indian Affairs shall require all law enforcement offices of the Bureau, for the purpose of reporting motor vehicle crash data for crashes occurring on Indian reservations and in Alaska Native communities (1) to use the crash report form of the applicable State; and (2) to upload the information on that form to the Incident Management Analysis and Reporting System (IMARS) of the Department of the Interior. Tribal High Priority Projects Program Pub. L. 112141, div. A, title I,  1123 July 6, 2012 126 Stat. 497 Pub. L. 113159, title I,  1001(b)(2) Aug. 8, 2014 128 Stat. 1840 Pub. L. 11421, title I,  1001(b)(2) May 29, 2015 129 Stat. 219 Pub. L. 11441, title I,  1001(b)(2) July 31, 2015 129 Stat. 444 Pub. L. 11473, title I,  1001(b)(2) Oct. 29, 2015 129 Stat. 569 Pub. L. 11487, title I,  1001(b)(2) Nov. 20, 2015 129 Stat. 678 Pub. L. 11758, div. A, title I,  11128 Nov. 15, 2021 135 Stat. 508  (a)  Definitions In this section: (1)  Emergency or disaster The term emergency or disaster means damage to a tribal transportation facility that (A) renders the tribal transportation facility impassable or unusable; (B) is caused by (i) a natural disaster over a widespread area; or (ii) a catastrophic failure from an external cause; and (C) would be eligible under the emergency relief program under section 125 of title 23 (2)  List The term list means the funding priority list developed under subsection (c)(5). (3)  Program The term program means the Tribal High Priority Projects program established under subsection (b)(1). (4)  Project The term project means a project provided funds under the program. (b)  Program (1)  In general The Secretary [of Transportation] shall use amounts made available under subsection (h) to carry out a Tribal High Priority Projects program under which funds shall be provided to eligible applicants in accordance with this section. (2)  Eligible applicants Applicants eligible for program funds under this section include (A) an Indian tribe whose annual allocation of funding under section 202 of title 23 (B) a governmental subdivision of an Indian tribe (i) that is authorized to administer the funding of the Indian tribe under section 202 of title 23 (ii) for which the annual allocation under that section is insufficient to complete the highest priority project of the Indian tribe; or (C) any Indian tribe that has an emergency or disaster with respect to a transportation facility included on the national inventory of tribal transportation facilities under section 202(b)(1) of title 23 (c)  Project Applications; Funding. (1)  In general To apply for funds under this section, an eligible applicant shall submit to the Department of the Interior or the Department [of Transportation] an application that includes (A) project scope of work, including deliverables, budget, and timeline; (B) the amount of funds requested; (C) project information addressing (i) the ranking criteria identified in paragraph (3); or (ii) the nature of the emergency or disaster; (D) documentation that the project meets the definition of a tribal transportation facility and is included in the national inventory of tribal transportation facilities under section 202(b)(1) of title 23 (E) documentation of official tribal action requesting the project; (F) documentation from the Indian tribe providing authority for the Secretary of the Interior to place the project on a transportation improvement program if the project is selected and approved; and (G) any other information the Secretary of the Interior or Secretary considers appropriate to make a determination. (2)  Limitation on applications An applicant for funds under the program may only have 1 application for assistance under this section pending at any 1 time, including any emergency or disaster application. (3)  Application ranking. (A)  In general The Secretary of the Interior and the Secretary shall determine the eligibility of, and fund, program applications, subject to the availability of funds. (B)  Ranking criteria The project ranking criteria for applications under this section shall include (i) the existence of safety hazards with documented fatality and injury accidents; (ii) the number of years since the Indian tribe last completed a construction project funded by section 202 of title 23 (iii) the readiness of the Indian tribe to proceed to construction or bridge design need; (iv) the percentage of project costs matched by funds that are not provided under section 202 of title 23 (v) the amount of funds requested, with requests for lesser amounts given greater priority; (vi) the challenges caused by geographic isolation; and (vii) all weather access for employment, commerce, health, safety, educational resources, or housing. (4)  Project scoring matrix The project scoring matrix established in the appendix to part 170 of title 25, Code of Regulations (as in effect on the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112141 section 101 of this title (5)  Funding priority list. (A)  In general The Secretary of the Interior and the Secretary shall jointly produce a funding priority list that ranks the projects approved for funding under the program. (B)  Limitation The number of projects on the list shall be limited by the amount of funding made available. (6)  Timeline The Secretary of the Interior and the Secretary shall (A) require applications for funding no sooner than 60 days after funding is made available pursuant to subsection (a); (B) notify all applicants and Regions in writing of acceptance of applications; (C) rank all accepted applications in accordance with the project scoring matrix, develop the funding priority list, and return unaccepted applications to the applicant with an explanation of deficiencies; (D) notify all accepted applicants of the projects included on the funding priority list no later than 180 days after the application deadline has passed pursuant to subparagraph (A); and (E) distribute funds to successful applicants. (d)  Emergency or Disaster Project Applications. (1)  In general Notwithstanding subsection (c)(6), an eligible applicant may submit an emergency or disaster project application at any time during the fiscal year. (2)  Consideration as priority The Secretary shall (A) consider project applications submitted under paragraph (1) to be a priority; and (B) fund the project applications in accordance with paragraph (3). (3)  Funding. (A)  In general If an eligible applicant submits an application for a project under this subsection before the issuance of the list under subsection (c)(5) and the project is determined to be eligible for program funds, the Secretary of the Interior shall provide funding for the project before providing funding for other approved projects on the list. (B)  Submission after issuance of list If an eligible applicant submits an application under this subsection after the issuance of the list under subsection (c)(5) and the distribution of program funds in accordance with the list, the Secretary of the Interior shall provide funding for the project on the date on which unobligated funds provided to projects on the list are returned to the Department of the Interior. (C)  Effect on other projects If the Secretary of the Interior uses funding previously designated for a project on the list to fund an emergency or disaster project under this subsection, the project on the list that did not receive funding as a result of the redesignation of funds shall move to the top of the list the following year. (4)  Emergency or disaster project cost The cost of a project submitted as an emergency or disaster under this subsection shall be at least 10 percent of the distribution of funds of the Indian tribe under section 202(b) of title 23 (e)  Limitation on Use of Funds Program funds shall not be used for (1) transportation planning; (2) research; (3) routine maintenance activities; (4) structures and erosion protection unrelated to transportation and roadways; (5) general reservation planning not involving transportation; (6) landscaping and irrigation systems not involving transportation programs and projects; (7) work performed on projects that are not included on a transportation improvement program approved by the Federal Highway Administration, unless otherwise authorized by the Secretary of the Interior and the Secretary; (8) the purchase of equipment unless otherwise authorized by Federal law; or (9) the condemnation of land for recreational trails. (f)  Limitation on Project Amounts Project funding shall be limited to a maximum of $1,000,000 per application, except that funding for disaster or emergency projects shall also be limited to the estimated cost of repairing damage to the tribal transportation facility. (g)  Cost Estimate Certification All cost estimates prepared for a project shall be required to be submitted by the applicant to the Secretary of the Interior and the Secretary for certification and approval. (h)  Funding. (1)  Set-aside For each of fiscal years 2022 through 2026, of the amounts made available to carry out the tribal transportation program under section 202 of title 23 (2)  Authorization of appropriations In addition to amounts made available under paragraph (1), there is authorized to be appropriated $30,000,000 out of the general fund of the Treasury to carry out the program for each of fiscal years 2022 through 2026. (3)  Administration The funds made available under paragraphs (1) and (2) shall be administered in the same manner as funds made available for the tribal transportation program under section 202 of title 23 (A) the funds made available for the program shall remain available until September 30 of the third fiscal year after the year appropriated; and (B) the Federal share of the cost of a project shall be 100 percent. Additional Authorization of Contract Authority for States With Indian Reservations Pub. L. 105178, title I,  1214(d) June 9, 1998 112 Stat. 205 Pub. L. 10959, title I,  1806 Aug. 10, 2005 119 Stat. 1460  (1)  Availability to states Not later than October 1 of each fiscal year, funds made available under paragraph (5) for the fiscal year shall be made available by the Secretary, in equal amounts, to each State that has within the boundaries of the State all or part of an Indian reservation having a land area of 10,000,000 acres or more. (2)  Availability to eligible counties. (A)  In general Each fiscal year, each county that is located in a State to which funds are made available under paragraph (1), and that has in the county a public road described in subparagraph (B), shall be eligible to apply to the State for all or a portion of the funds made available to the State under this subsection to be used by the county to maintain such roads. (B)  Roads A public road referred to in subparagraph (A) is a public road that (i) is within, adjacent to, or provides access to an Indian reservation described in paragraph (1); (ii) is used by a school bus to transport children to or from a school or Headstart program carried out under the Head Start Act ( 42 U.S.C. 9831 (iii) is maintained by the county in which the public road is located. (C)  Allocation among eligible counties. (i)  In general Except as provided in clause (ii), each State that receives funds under paragraph (1) shall provide directly to each county that applies for funds the amount that the county requests in the application. (ii)  Allocation among eligible counties If the total amount of funds applied for under this subsection by eligible counties in a State exceeds the amount of funds available to the State, the State shall equitably allocate the funds among the eligible counties that apply for funds. (3)  Supplementary funding For each fiscal year, the Secretary shall ensure that funding made available under this subsection supplements (and does not supplant) (A) any obligation of funds by the Bureau of Indian Affairs for road maintenance programs on Indian reservations; and (B) any funding provided by a State to a county for road maintenance programs in the county. (4)  Use of unallocated funds Any portion of the funds made available to a State under this subsection that is not made available to counties within 1 year after the funds are made available to the State shall be apportioned among the States in accordance with section 104(b) of title 23 (5)  Funding. (A)  In general There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection $1,800,000 for each of fiscal years 2005 through 2009. (B)  Contract authority Funds authorized by this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code. Indian Reservation Roads Pub. L. 102240, title I,  1032(d) Dec. 18, 1991 105 Stat. 1975 Notwithstanding any other provision of law, funds allocated for Indian reservation roads may be used for the purpose of funding road projects on roads of tribally controlled postsecondary vocational institutions. Pub. L. 102240, title I,  1042 Dec. 18, 1991 105 Stat. 1993 Dec. 18, 1991 Pub. L. 105362, title XV,  1501(c) Nov. 10, 1998 112 Stat. 3294 Definition of Secretary Pub. L. 11758, div. A, title IV,  14001 Nov. 15, 2021 135 Stat. 646 In this title [amending this section and section 102 of Title 49  203. Federal lands transportation program (a)  Use of Funds. (1)  In general Funds made available under the Federal lands transportation program shall be used by the Secretary of Transportation and the Secretary of the appropriate Federal land management agency to pay the costs of (A) program administration, transportation planning, research, preventive maintenance, engineering, rehabilitation, restoration, construction, and reconstruction of Federal lands transportation facilities, and (i) adjacent vehicular parking areas; (ii) acquisition of necessary scenic easements and scenic or historic sites; (iii) provision for pedestrians and bicycles; (iv) environmental mitigation in or adjacent to Federal land open to the public (I) to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; and (II) to mitigate the damage to wildlife, aquatic organism passage, habitat, and ecosystem connectivity, including the costs of constructing, maintaining, replacing, or removing culverts and bridges, as appropriate; (v) construction and reconstruction of roadside rest areas, including sanitary and water facilities; (vi) congestion mitigation; and (vii) other appropriate public road facilities, as determined by the Secretary; (B) capital, operations, and maintenance of transit facilities; (C) any transportation project eligible for assistance under this title that is on a public road within or adjacent to, or that provides access to, Federal lands open to the public; and (D) not more $20,000,000 1 1 (2)  Contract In connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity with (A) a State (including a political subdivision of a State); or (B) an Indian tribe. (3)  Administration All appropriations for the construction and improvement of Federal lands transportation facilities shall be administered in conformity with regulations and agreements jointly approved by the Secretary and the Secretary of the appropriate Federal land managing agency. (4)  Cooperation. (A)  In general The cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement. (B)  Funds received Any funds received from a State, county, or local subdivision shall be credited to appropriations available for the class of Federal lands transportation facilities to which the funds were contributed. (5)  Competitive bidding. (A)  In general Subject to subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding. (B)  Exception Subparagraph (A) shall not apply if the Secretary or the Secretary of the appropriate Federal land management agency affirmatively finds that, under the circumstances relating to the project, a different method is in the public interest. (6)  Native plant materials In carrying out an activity described in paragraph (1), the entity carrying out the activity shall consider, to the maximum extent practicable (A) the use of locally adapted native plant materials; and (B) designs that minimize runoff and heat generation. (b)  Agency Program Distributions. (1)  In general On October 1, 2011 (A) in consultation with the Secretaries of the applicable Federal land management agencies; and (B) in coordination with the transportation plans required under section 201 of the respective transportation systems of (i) the National Park Service; (ii) the Forest Service; (iii) the United States Fish and Wildlife Service; (iv) the Corps of Engineers; (v) the Bureau of Land Management; (vi) the Bureau of Reclamation; and (vii) independent Federal agencies with natural resource and land management responsibilities. (2)  Applications. (A)  Requirements Each application submitted by a Federal land management agency shall include proposed programs at various potential funding levels, as defined by the Secretary following collaborative discussions with applicable Federal land management agencies. (B)  Consideration by secretary In evaluating an application submitted under subparagraph (A), the Secretary shall consider the extent to which the programs support performance management, including (i) the transportation goals of (I) a state of good repair of transportation facilities; (II) a reduction of bridge deficiencies; and (III) an improvement of safety; (ii) high-use Federal recreational sites or Federal economic generators; and (iii) the resource and asset management goals of the Secretary of the respective Federal land management agency. (C)  Permissive contents Applications may include proposed programs the duration of which extend over a multiple-year period to support long-term transportation planning and resource management initiatives. (c)  National Federal Lands Transportation Facility Inventory. (1)  In general The Secretaries of the appropriate Federal land management agencies, in cooperation with the Secretary, shall maintain a comprehensive national inventory of public Federal lands transportation facilities. (2)  Transportation facilities included in the inventories To identify the Federal lands transportation system and determine the relative transportation needs among Federal land management agencies, the inventories shall include, at a minimum, facilities that (A) provide access to high-use Federal recreation sites or Federal economic generators, as determined by the Secretary in coordination with the respective Secretaries of the appropriate Federal land management agencies; and (B) are owned by 1 of the following agencies: (i) The National Park Service. (ii) The Forest Service. (iii) The United States Fish and Wildlife Service. (iv) The Bureau of Land Management. (v) The Corps of Engineers. (vi) The Bureau of Reclamation. (3)  Availability The inventories shall be made available to the Secretary. (4)  Updates The Secretaries of the appropriate Federal land management agencies shall update the inventories of the appropriate Federal land management agencies, as determined by the Secretary after collaborative discussions with the Secretaries of the appropriate Federal land management agencies. (5)  Review A decision to add or remove a facility from the inventory shall not be considered a Federal action for purposes of review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (d)  Bicycle Safety The Secretary of the appropriate Federal land management agency shall prohibit the use of bicycles on each federally owned road that has a speed limit of 30 miles per hour or greater and an adjacent paved path for use by bicycles within 100 yards of the road unless the Secretary determines that the bicycle level of service on that roadway is rated B or higher. (e)  Efficient Implementation of NEPA. (1)  Definitions In this subsection: (A)  Environmental document The term environmental document means an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B)  Project The term project means a highway project, public transportation capital project, or multimodal project that (i) receives funds under this title; and (ii) is authorized under this section or section 204. (C)  Project sponsor The term project sponsor means the Federal land management agency that seeks or receives funds under this title for a project. (2)  Environmental review to be completed by federal highway administration The Federal Highway Administration may prepare an environmental document pursuant to the implementing procedures of the Federal Highway Administration to comply with the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (A) requested by a project sponsor; and (B) all areas of analysis required by the project sponsor can be addressed. (3)  Federal land management agencies adoption of existing environmental review documents. (A)  In general To the maximum extent practicable, if the Federal Highway Administration prepares an environmental document pursuant to paragraph (2), that environmental document shall address all areas of analysis required by a Federal land management agency. (B)  Independent evaluation Notwithstanding any other provision of law, a Federal land management agency shall not be required to conduct an independent evaluation to determine the adequacy of an environmental document prepared by the Federal Highway Administration pursuant to paragraph (2). (C)  Use of same document In authorizing or implementing a project, a Federal land management agency may use an environmental document previously prepared by the Federal Highway Administration for a project addressing the same or substantially the same action to the same extent that the Federal land management agency could adopt or use a document previously prepared by another Federal agency. (4)  Application by federal land management agencies of categorical exclusions established by federal highway administration In carrying out requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (A) the project sponsor makes a determination, in consultation with the Federal Highway Administration, that the categorical exclusion applies to the project; (B) the project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (C) the use of the categorical exclusion does not otherwise conflict with the implementing regulations of the project sponsor, except any list of the project sponsor that designates categorical exclusions. (5)  Mitigation commitments The Secretary shall assist the Federal land management agency with all design and mitigation commitments made jointly by the Secretary and the project sponsor in any environmental document prepared by the Secretary in accordance with this subsection. (Added Pub. L. 112141, div. A, title I,  1119(a) July 6, 2012 126 Stat. 486 Pub. L. 11494, div. A, title I,  1119 Dec. 4, 2015 129 Stat. 1358 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 479  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsecs. (c)(5) and (e), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Prior Provisions A prior section 203, Pub. L. 85767 Aug. 27, 1958 72 Stat. 906 Pub. L. 86657,  8(b) July 14, 1960 74 Stat. 524 Pub. L. 87866,  7 Oct. 23, 1962 76 Stat. 1147 Pub. L. 94280, title I,  117(b) May 5, 1976 90 Stat. 437 Pub. L. 97424, title I,  126(f) Jan. 6, 1983 96 Stat. 2116 Pub. L. 102240, title I,  1032(f) Dec. 18, 1991 105 Stat. 1975 Pub. L. 105178, title I,  1115(c) June 9, 1998 112 Stat. 156 Pub. L. 112141, div. A, title I,  1119(a) July 6, 2012 126 Stat. 473 Amendments 2021Subsec. (a)(1)(D). Pub. L. 11758,  11112(1) Subsec. (a)(6). Pub. L. 11758,  11112(2) Subsec. (e). Pub. L. 11758,  11311 2015Subsec. (a)(1)(B). Pub. L. 11494,  1119(1)(A) Subsec. (a)(1)(D). Pub. L. 11494,  1119(1)(B) Subsec. (b)(1)(B)(vi), (vii). Pub. L. 11494,  1119(2)(A) Subsec. (b)(2)(B). Pub. L. 11494,  1119(2)(B)(i) Subsec. (b)(2)(B)(i)(II). Pub. L. 11494,  1119(2)(B)(ii) Subsec. (c)(2)(B)(vi). Pub. L. 11494,  1119(3) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date Section effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  204. Federal lands access program (a)  Use of Funds. (1)  In general Funds made available under the Federal lands access program shall be used by the Secretary of Transportation and the Secretary of the appropriate Federal land management agency to pay the cost of (A) transportation planning, research, engineering, preventive maintenance, rehabilitation, restoration, context-sensitive solutions, construction, and reconstruction of Federal lands access transportation facilities located on or adjacent to, or that provide access to, Federal land, and (i) adjacent vehicular parking areas, including interpretive panels in or adjacent to those areas; (ii) acquisition of necessary scenic easements and scenic or historic sites; (iii) provisions for pedestrians and bicycles; (iv) environmental mitigation in or adjacent to Federal land to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; (v) construction and reconstruction of roadside rest areas, including sanitary and water facilities; (vi) contextual wayfinding markers; (vii) landscaping; (viii) cooperative mitigation of visual blight, including screening or removal; and (ix) other appropriate public road facilities, as determined by the Secretary; (B) operation and maintenance of transit facilities; and (C) any transportation project eligible for assistance under this title that is within or adjacent to, or that provides access to, Federal land. (2)  Contract In connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity with (A) a State (including a political subdivision of a State); or (B) an Indian tribe. (3)  Administration All appropriations for the construction and improvement of Federal lands access transportation facilities shall be administered in conformity with regulations and agreements approved by the Secretary. (4)  Cooperation. (A)  In general The cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement. (B)  Funds received Any funds received from a State, county, or local subdivision for a Federal lands access transportation facility project shall be credited to appropriations available under the Federal lands access program. (5)  Competitive bidding. (A)  In general Subject to subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding. (B)  Exception Subparagraph (A) shall not apply if the Secretary or the Secretary of the appropriate Federal land management agency affirmatively finds that, under the circumstances relating to the project, a different method is in the public interest. (6)  Native plant materials In carrying out an activity described in paragraph (1), the Secretary shall ensure that the entity carrying out the activity considers, to the maximum extent practicable (A) the use of locally adapted native plant materials; and (B) designs that minimize runoff and heat generation. (b)  Program Distributions. (1)  In general Funding made available to carry out the Federal lands access program shall be allocated among those States that have Federal land, in accordance with the following formula: (A) 80 percent of the available funding for use in those States that contain at least 1 12 percent of the total public land in the United States managed by the agencies described in paragraph (2), to be distributed as follows: (i) 30 percent in the ratio that (I) recreational visitation within each such State; bears to (II) the recreational visitation within all such States. (ii) 5 percent in the ratio that (I) the Federal land area within each such State; bears to (II) the Federal land area in all such States. (iii) 55 percent in the ratio that (I) the Federal public road miles within each such State; bears to (II) the Federal public road miles in all such States. (iv) 10 percent in the ratio that (I) the number of Federal public bridges within each such State; bears to (II) the number of Federal public bridges in all such States. (B) 20 percent of the available funding for use in those States that do not contain at least 1 12 percent of the total public land in the United States managed by the agencies described in paragraph (2), to be distributed as follows: (i) 30 percent in the ratio that (I) recreational visitation within each such State; bears to (II) the recreational visitation within all such States. (ii) 5 percent in the ratio that (I) the Federal land area within each such State; bears to (II) the Federal land area in all such States. (iii) 55 percent in the ratio that (I) the Federal public road miles within each such State; bears to (II) the Federal public road miles in all such States. (iv) 10 percent in the ratio that (I) the number of Federal public bridges within each such State; bears to (II) the number of Federal public bridges in all such States. (2)  Data source Data necessary to distribute funding under paragraph (1) shall be provided by the following Federal land management agencies: (A) The National Park Service. (B) The Forest Service. (C) The United States Fish and Wildlife Service. (D) The Bureau of Land Management. (E) The Corps of Engineers. (c)  Programming Decisions Committee. (1)  In general Programming decisions shall be made within each State by a committee comprised of (A) a representative of the Federal Highway Administration; (B) a representative of the State Department of Transportation; and (C) a representative of any appropriate political subdivision of the State. (2)  Consultation requirement The committee described in paragraph (1) shall cooperate with each applicable Federal agency in each State before any joint discussion or final programming decision. (3)  Project preference In making a programming decision under paragraph (1), the committee shall give preference to projects that provide access to, are adjacent to, or are located within high-use Federal recreation sites or Federal economic generators, as identified by the Secretaries of the appropriate Federal land management agencies. (Added Pub. L. 112141, div. A, title I,  1119(a) July 6, 2012 126 Stat. 489 Pub. L. 11758, div. A, title I,  11113(b) Nov. 15, 2021 135 Stat. 479  Editorial Notes Prior Provisions A prior section 204, Pub. L. 85767 Aug. 27, 1958 72 Stat. 907 Pub. L. 97424, title I,  126(b) Jan. 6, 1983 96 Stat. 2114 Pub. L. 10017, title I,  133(b)(13) Apr. 2, 1987 101 Stat. 172 Pub. L. 102240, title I Dec. 18, 1991 105 Stat. 1970 Pub. L. 105178, title I,  1115(d) June 9, 1998 112 Stat. 156 Pub. L. 10959, title I,  1119(h) Aug. 10, 2005 119 Stat. 11871189 Pub. L. 112141, div. A, title I,  1119(a) July 6, 2012 126 Stat. 473 Amendments 2021Subsec. (a)(1)(A). Pub. L. 11758,  11113(b)(1)(A) Subsec. (a)(1)(A)(i). Pub. L. 11758,  11113(b)(1)(B) Subsec. (a)(1)(A)(vi) to (ix). Pub. L. 11758,  11113(b)(1)(C) Subsec. (a)(6). Pub. L. 11758,  11113(b)(2) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date Section effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  205. Forest development roads and trails (a) Funds available for forest development roads and trails shall be used by the Secretary of Agriculture to pay for the costs of construction and maintenance thereof, including roads and trails on experimental and other areas under Forest Service administration. In connection therewith, the Secretary of Agriculture may enter into contracts with a State or civil subdivision thereof, and issue such regulations as he deems advisable. (b) Cooperation of States, counties, or other local subdivisions may be accepted but shall not be required by the Secretary of Agriculture. (c) Construction estimated to cost $50,000 or more per mile or $50,000 or more per project for projects with a length of less than one mile, exclusive of bridges and engineering, shall be advertised and let to contract. If such estimated cost is less than $50,000 per mile or $50,000 per project for projects with a length of less than one mile or if, after proper advertising, no acceptable bid is received or the bids are deemed excessive, the work may be done by the Secretary of Agriculture on his own account. (d) Funds available for forest development roads and trails shall be available for adjacent vehicular parking areas, which may include electric vehicle charging stations or natural gas vehicle refueling stations, and for sanitary, water, and fire control facilities. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 907 Pub. L. 86657,  8(c) July 14, 1960 74 Stat. 524 Pub. L. 88423,  4(d) Aug. 13, 1964 78 Stat. 398 Pub. L. 90495,  9 Aug. 23, 1968 82 Stat. 820 Pub. L. 102240, title I,  1032(c) Dec. 18, 1991 105 Stat. 1975 Pub. L. 112141, div. A, title I,  1513(c) July 6, 2012 126 Stat. 572  Editorial Notes Amendments 2012Subsec. (d). Pub. L. 112141 1991Subsec. (c). Pub. L. 102240 1968Subsec. (c). Pub L. 90495 increased from $10,000 to $15,000 the cost limitation on construction per mile, or per project for projects of less than a mile, which the Forest Service may construct on its own account and struck out provisions spelling out the functions which the Secretary of Agriculture is authorized to perform in carrying out such construction. 1964Subsec. (a). Pub. L. 88423 1960Subsec. (a). Pub. L. 86657 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Effective Date of 1968 Amendment Amendment by Pub. L. 90495 Aug. 23, 1968 section 37 of Pub. L. 90495 section 101 of this title  206. Recreational trails program (a)  Definitions In this section, the following definitions apply: (1)  Motorized recreation The term motorized recreation means off-road recreation using any motor-powered vehicle, except for a motorized wheelchair. (2)  Recreational trail The term recreational trail means a thoroughfare or track across land or snow, used for recreational purposes such as (A) pedestrian activities, including wheelchair use; (B) skating or skateboarding; (C) equestrian activities, including carriage driving; (D) nonmotorized snow trail activities, including skiing; (E) bicycling or use of other human-powered vehicles; (F) aquatic or water activities; and (G) motorized vehicular activities, including all-terrain vehicle riding, motorcycling, snowmobiling, use of off-road light trucks, or use of other off-road motorized vehicles. (b)  Program In accordance with this section, the Secretary, in consultation with the Secretary of the Interior and the Secretary of Agriculture, shall carry out a program to provide and maintain recreational trails. (c)  State Responsibilities To be eligible for apportionments under this section (1) the Governor of the State shall designate the State agency or agencies that will be responsible for administering apportionments made to the State under this section; and (2) the State shall establish a State recreational trail advisory committee that represents both motorized and nonmotorized recreational trail users, which shall meet not less often than once per fiscal year. (d)  Use of Apportioned Funds. (1)  In general Funds apportioned to a State to carry out this section shall be obligated for recreational trails and related projects that (A) have been planned and developed under the laws, policies, and administrative procedures of the State; and (B) are identified in, or further a specific goal of, a recreational trail plan, or a statewide comprehensive outdoor recreation plan required by chapter 2003 of title 54, that is in effect. (2)  Permissible uses Permissible uses of funds apportioned to a State for a fiscal year to carry out this section include (A) maintenance and restoration of existing recreational trails; (B) development and rehabilitation of trailside and trailhead facilities and trail linkages for recreational trails; (C) purchase and lease of recreational trail construction and maintenance equipment; (D) construction of new recreational trails, except that, in the case of new recreational trails crossing Federal lands, construction of the trails shall be (i) permissible under other law; (ii) necessary and recommended by a statewide comprehensive outdoor recreation plan that is required by chapter 2003 of title 54 and that is in effect; (iii) approved by the administering agency of the State designated under subsection (c)(1); and (iv) approved by each Federal agency having jurisdiction over the affected lands under such terms and conditions as the head of the Federal agency determines to be appropriate, except that the approval shall be contingent on compliance by the Federal agency with all applicable laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 16 U.S.C. 1600 43 U.S.C. 1701 (E) acquisition of easements and fee simple title to property for recreational trails or recreational trail corridors; (F) assessment of trail conditions for accessibility and maintenance; (G) development and dissemination of publications and operation of educational programs to promote safety and environmental protection, (as those objectives relate to one or more of the uses of recreational trails, supporting non-law enforcement trail safety and trail use monitoring patrol programs, and providing trail-related training), but in an amount not to exceed 5 percent of the apportionment made to the State for the fiscal year; and (H) payment of costs to the State incurred in administering the program, but in an amount not to exceed 7 percent of the apportionment made to the State for the fiscal year. (3)  Use of apportionments. (A)  In general Except as provided in subparagraphs (B) and (C), of the apportionments made to a State for a fiscal year to carry out this section (i) 40 percent shall be used for recreational trail or related projects that facilitate diverse recreational trail use within a recreational trail corridor, trailside, or trailhead, regardless of whether the project is for diverse motorized use, for diverse nonmotorized use, or to accommodate both motorized and nonmotorized recreational trail use; (ii) 30 percent shall be used for uses relating to motorized recreation; and (iii) 30 percent shall be used for uses relating to nonmotorized recreation. (B)  Small state exclusion Any State with a total land area of less than 3,500,000 acres shall be exempt from the requirements of clauses (ii) and (iii) of subparagraph (A). (C)  State administrative costs State administrative costs eligible for funding under paragraph (2)(H) shall be exempt from the requirements of subparagraph (A). (4)  Grants. (A)  In general A State may use funds apportioned to the State to carry out this section to make grants to private organizations, municipal, county, State, and Federal Government entities, and other government entities as approved by the State after considering guidance from the State recreational trail advisory committee established under subsection (c)(2), for uses consistent with this section. (B)  Compliance A State that makes grants under subparagraph (A) shall establish measures to verify that recipients of the grants comply with the conditions of the program for the use of grant funds. (e)  Environmental Benefit or Mitigation To the extent practicable and consistent with the other requirements of this section, a State should give consideration to project proposals that provide for the redesign, reconstruction, nonroutine maintenance, or relocation of recreational trails to benefit the natural environment or to mitigate and minimize the impact to the natural environment. (f)  Federal Share. (1)  In general Subject to the other provisions of this subsection, the Federal share of the cost of a project and the Federal share of the administrative costs of a State under this section shall be determined in accordance with section 120(b). (2)  Federal agency project sponsor Notwithstanding any other provision of law, a Federal agency that sponsors a project under this section may contribute additional Federal funds toward the cost of a project, except that (A) the share attributable to the Secretary of Transportation may not exceed the amount determined in accordance with section 120(b) for the cost of a project under this section; and (B) the share attributable to the Secretary and the Federal agency sponsoring the project may not exceed 95 percent of the cost of a project under this section. (3)  Use of funds from federal programs to provide non-federal share Notwithstanding any other provision of law, the non-Federal share of the cost of the project may include amounts made available by the Federal Government under any Federal program that are (A) expended in accordance with the requirements of the Federal program relating to activities funded and populations served; and (B) expended on a project that is eligible for assistance under this section. (4)  Use of recreational trails program funds to match other federal program funds Notwithstanding any other provision of law, funds made available under this section may be used toward the non-Federal matching share for other Federal program funds that are (A) expended in accordance with the requirements of the Federal program relating to activities funded and populations served; and (B) expended on a project that is eligible for assistance under this section. (5)  Programmatic non-federal share A State may allow adjustments to the non-Federal share of an individual project for a fiscal year under this section if the Federal share of the cost of all projects carried out by the State under the program (excluding projects funded under paragraph (2) or (3)) using funds apportioned to the State for the fiscal year does not exceed the Federal share as determined in accordance with section 120(b). (g)  Uses Not Permitted A State may not obligate funds apportioned to carry out this section for (1) condemnation of any kind of interest in property; (2) construction of any recreational trail on National Forest System land for any motorized use unless (A) the land has been designated for uses other than wilderness by an approved forest land and resource management plan or has been released to uses other than wilderness by an Act of Congress; and (B) the construction is otherwise consistent with the management direction in the approved forest land and resource management plan; (3) construction of any recreational trail on Bureau of Land Management land for any motorized use unless the land (A) has been designated for uses other than wilderness by an approved Bureau of Land Management resource management plan or has been released to uses other than wilderness by an Act of Congress; and (B) the construction is otherwise consistent with the management direction in the approved management plan; or (4) upgrading, expanding, or otherwise facilitating motorized use or access to recreational trails predominantly used by nonmotorized recreational trail users and on which, as of May 1, 1991 (h)  Project Administration. (1)  Credit for donations of funds, materials, services, or new right-of-way. (A)  In general Nothing in this title or other law shall prevent a project sponsor from offering to donate funds, materials, services, or a new right-of-way for the purposes of a project eligible for assistance under this section. Any funds, or the fair market value of any materials, services, or new right-of-way, may be donated by any project sponsor and shall be credited to the non-Federal share in accordance with subsection (f). (B)  Federal project sponsors Any funds or the fair market value of any materials or services may be provided by a Federal project sponsor and shall be credited to the Federal agencys share in accordance with subsection (f). (C)  Planning and environmental assessment costs incurred prior to project approval The Secretary may allow preapproval planning and environmental compliance costs to be credited toward the non-Federal share of the cost of a project described in subsection (d)(2) (other than subparagraph (H)) in accordance with subsection (f), limited to costs incurred less than 18 months prior to project approval. (2)  Recreational purpose A project funded under this section is intended to enhance recreational opportunity and is not subject to section 138 of this title section 303 of title 49 (3)  Continuing recreational use At the option of each State, funds apportioned to the State to carry out this section may be treated as Land and Water Conservation Fund apportionments for the purposes of section 200305(f)(3) of title 54 (4)  Cooperation by private persons. (A)  Written assurances As a condition of making available apportionments for work on recreational trails that would affect privately owned land, a State shall obtain written assurances that the owner of the land will cooperate with the State and participate as necessary in the activities to be conducted. (B)  Public access Any use of the apportionments to a State to carry out this section on privately owned land must be accompanied by an easement or other legally binding agreement that ensures public access to the recreational trail improvements funded by the apportionments. (i)  Contract Authority Funds authorized to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1, except that the Federal share of the cost of a project under this section shall be determined in accordance with this section. (j)  Use of Other Apportioned Funds Funds apportioned to a State under section 104(b) that are obligated for a recreational trail or a related project shall be administered as if the funds were made available to carry out this section. (Added Pub. L. 105178, title I,  1112(a) June 9, 1998 112 Stat. 146 Pub. L. 10959, title I,  1109(b) Aug. 10, 2005 119 Stat. 11681170 Pub. L. 110244, title I,  101(q) June 6, 2008 122 Stat. 1576 Pub. L. 113287,  5(f)(3) Dec. 19, 2014 128 Stat. 3268 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 515  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (d)(2)(D)(iv), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (d)(2)(D)(iv), is Pub. L. 93378 Aug. 17, 1974 88 Stat. 476 section 1600 of Title 16 The Federal Land Policy and Management Act of 1976, referred to in subsec. (d)(2)(D)(iv), is Pub. L. 94579 Oct. 21, 1976 90 Stat. 2743 section 1701 of Title 43 Prior Provisions A prior section 206, Pub. L. 85767 Aug. 27, 1958 72 Stat. 908 Pub. L. 97424, title I,  126(d) Jan. 6, 1983 96 Stat. 2115 Amendments 2021Subsec. (d)(2)(G). Pub. L. 11758,  11525(n) Subsec. (j). Pub. L. 11758,  11134 2014Subsec. (d)(1)(B). Pub. L. 113287,  5(f)(3)(A) 16 U.S.C. 460 l Subsec. (d)(2)(D)(ii). Pub. L. 113287,  5(f)(3)(B) 16 U.S.C. 460 l Subsec. (h)(3). Pub. L. 113287,  5(f)(3)(C) section 200305(f)(3) of title 54 16 U.S.C. 460 l 2008Subsec. (d)(3)(A). Pub. L. 110244 2005Subsec. (d)(2). Pub. L. 10959,  1109(b) Subsec. (d)(3)(C), (D). Pub. L. 10959,  1109(c) Subsec. (f)(1). Pub. L. 10959,  1109(d)(1) Subsec. (f)(2)(A). Pub. L. 10959,  1109(d)(2) Subsec. (f)(2)(B). Pub. L. 10959,  1109(d)(3) Subsec. (f)(4), (5). Pub. L. 10959,  1109(d)(4) Subsec. (h)(1)(C). Pub. L. 10959,  1109(e) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Nonhighway Recreational Fuel Study Pub. L. 11758, div. A, title I,  11512 Nov. 15, 2021 135 Stat. 594  (a)  Definitions In this section: (1)  Highway trust fund The term Highway Trust Fund means the Highway Trust Fund established by section 9503(a) of the Internal Revenue Code of 1986 [ 26 U.S.C. 9503(a) (2)  Nonhighway recreational fuel taxes The term nonhighway recreational fuel taxes means taxes under section[s] 4041 and 4081 of the Internal Revenue Code of 1986 [ 26 U.S.C. 4041 (3)  Recreational trails program The term recreational trails program means the recreational trails program under section 206 of title 23 (b)  Assessment; Report. (1)  Assessment Not later than 1 year after the date of enactment of this Act [ Nov. 15, 2021 (2)  Report After carrying out each assessment under paragraph (1), the Secretary shall submit to the Committees on Finance and Environment and Public Works of the Senate and the Committees on Ways and Means and Transportation and Infrastructure of the House of Representatives a report that includes (A) to assist Congress in determining an appropriate funding level for the recreational trails program (i) a description of the results of the assessment; and (ii) an evaluation of whether the current recreational trails program funding level reflects the amount of nonhighway recreational fuel taxes collected and transferred to the Highway Trust Fund; and (B) in the case of the first report submitted under this paragraph, an estimate of the frequency with which the Secretary anticipates carrying out the assessment under paragraph (1), subject to the condition that such an assessment shall be carried out not less frequently than once every 5 years. (c)  Consultation In carrying out an assessment under subsection (b)(1), the Secretary may consult with, as the Secretary determines to be appropriate (1) the heads of (A) State agencies designated by Governors pursuant to section 206(c)(1) of title 23 (B) division offices of the Department [of Transportation]; (2) the Secretary of the Treasury; (3) the Administrator of the Federal Highway Administration; and (4) groups representing recreational activities and interests, including hiking, biking and mountain biking, horseback riding, water trails, snowshoeing, cross-country skiing, snowmobiling, off-highway motorcycling, all-terrain vehicles and other offroad motorized vehicle activities, and recreational trail advocates. Use of Youth Service and Conservation Corps Pub. L. 112141, div. A, title I,  1524 July 6, 2012 126 Stat. 580  (a)  In General The Secretary shall encourage the States and regional transportation planning agencies to enter into contracts and cooperative agreements with qualified youth service or conservation corps, as defined in sections 122(a)(2) of Public Law 101610 42 U.S.C. 12572(a)(2) Public Law 10382 42 U.S.C. 12656(c)(3) 119 Stat. 1228 (b)  Requirements Under any contract or cooperative agreement entered into with a qualified youth service or conservation corps under this section, the Secretary shall (1) set the amount of a living allowance or rate of pay for each participant in such corps at (A) such amount or rate as required under State law in a State with such requirements; or (B) for corps in States not described in subparagraph (A), at such amount or rate as determined by the Secretary, not to exceed the maximum living allowance authorized by section 140 of Public Law 101610 42 U.S.C. 12594 (2) not subject such corps to the requirements of section 112 of title 23 Similar provisions were contained in the following prior acts: Pub. L. 10959, title I,  1109(f) Aug. 10, 2005 119 Stat. 1170 Pub. L. 105178, title I,  1112(e) June 9, 1998 112 Stat. 151  207. Tribal transportation self-governance program (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 tribes 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 MAP21 ( Public Law 112141 (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 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 Secretarys 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 (2) Subsections (b) through (e) and (g) of section 507 of such Act ( 25 U.S.C. 5387 (3) Subsections (a), (b), (d), (e), (g), (h), (i), and (k) of section 508 of such Act ( 25 U.S.C. 5388 (4) Section 510 of such Act ( 25 U.S.C. 5390 (5) Section 511 of such Act ( 25 U.S.C. 5391 (6) Subsections (a)(1), (a)(2), and (c) through (f) of section 512 of such Act ( 25 U.S.C. 5392 (7) Subsections (a) and (b) of section 515 of such Act ( 25 U.S.C. 5395 (8) Subsections (a) and (b) of section 516 of such Act ( 25 U.S.C. 5396 (9) Section 518 of such Act ( 25 U.S.C. 5398 (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 (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 (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. 11494, div. A, title I,  1121(a) Dec. 4, 2015 129 Stat. 1359 Pub. L. 115235,  1 Aug. 14, 2018 132 Stat. 2443 Pub. L. 11758, div. A, title I,  11525 o Nov. 15, 2021 135 Stat. 608  Editorial Notes  References in Text The date of enactment of MAP21, referred to in subsec. (d)(2)(C)(ii)(II)(aa)(BB), is deemed to be Oct. 1, 2012 Pub. L. 112141 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. 11494 Dec. 4, 2015 The Indian Self-Determination and Education Assistance Act, referred to in subsec. ( l Pub. L. 93638 Jan. 4, 1975 88 Stat. 2203 section 5301 of Title 25 Prior Provisions A prior section 207, Pub. L. 85767 Aug. 27, 1958 72 Stat. 908 Pub. L. 9387, title I,  150 Aug. 13, 1973 87 Stat. 275 Pub. L. 97424, title I,  126(d) Jan. 6, 1983 96 Stat. 2115 Amendments 2021Subsec. (g). Pub. L. 11758,  11525 o 25 U.S.C. 5325 25 U.S.C. 450j1 25 U.S.C. 5325(f) 25 U.S.C. 450j1(f) Subsec. ( l Pub. L. 11758,  11525 o 25 U.S.C. 5386 25 U.S.C. 458aaa5 Subsec. ( l Pub. L. 11758,  11525 o 25 U.S.C. 5387 25 U.S.C. 458aaa6 Subsec. ( l Pub. L. 11758,  11525 o 25 U.S.C. 5388 25 U.S.C. 458aaa7 Subsec. ( l Pub. L. 11758,  11525 o 25 U.S.C. 5390 25 U.S.C. 458aaa9 Subsec. ( l Pub. L. 11758,  11525 o 25 U.S.C. 5391 25 U.S.C. 458aaa10 Subsec. ( l Pub. L. 11758,  11525 o 25 U.S.C. 5392 25 U.S.C. 458aaa11 Subsec. ( l Pub. L. 11758,  11525 o 25 U.S.C. 5395 25 U.S.C. 458aaa14 Subsec. ( l Pub. L. 11758,  11525 o 25 U.S.C. 5396 25 U.S.C. 458aaa15 Subsec. ( l Pub. L. 11758,  11525 o 25 U.S.C. 5398 25 U.S.C. 458aaa17 Subsec. (m)(2). Pub. L. 11758,  11525 o 25 U.S.C. 5304 25 U.S.C. 450b 2018Subsec. (n)(1)(B). Pub. L. 115235,  1(1) Subsec. (n)(1)(C). Pub. L. 115235,  1(2) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date Section effective Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5  208. Safe routes to school (a)  Definitions In this section: (1)  In the vicinity of schools The term in the vicinity of schools, with respect to a school, means the approximately 2-mile area within bicycling and walking distance of the school. (2)  Primary, middle, and high schools The term primary, middle, and high schools means schools providing education from kindergarten through 12th grade. (b)  Establishment Subject to the requirements of this section, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary, middle, and high schools. (c)  Purposes The purposes of the program established under subsection (b) shall be (1) to enable and encourage children, including those with disabilities, to walk and bicycle to school; (2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and (3) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools. (d)  Apportionment of Funds. (1)  In general Subject to paragraphs (2), (3), and (4), amounts made available to carry out this section for a fiscal year shall be apportioned among the States so that each State receives the amount equal to the proportion that (A) the total student enrollment in primary, middle, and high schools in each State; bears to (B) the total student enrollment in primary, middle, and high schools in all States. (2)  Minimum apportionment No State shall receive an apportionment under this section for a fiscal year of less than $1,000,000. (3)  Set-aside for administrative expenses Before apportioning under this subsection amounts made available to carry out this section for a fiscal year, the Secretary shall set aside not more than $3,000,000 of those amounts for the administrative expenses of the Secretary in carrying out this section. (4)  Determination of student enrollments Determinations under this subsection relating to student enrollments shall be made by the Secretary. (e)  Administration of Amounts Amounts apportioned to a State under this section shall be administered by the State department of transportation. (f)  Eligible Recipients Amounts apportioned to a State under this section shall be used by the State to provide financial assistance to State, local, Tribal, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this section. (g)  Eligible Projects and Activities. (1)  Infrastructure-related projects. (A)  In general Amounts apportioned to a State under this section may be used for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools. (B)  Location of projects Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools. (2)  Noninfrastructure-related activities. (A)  In general In addition to projects described in paragraph (1), amounts apportioned to a State under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to school, including public awareness campaigns and outreach to press and community leaders, traffic education and enforcement in the vicinity of schools, student sessions on bicycle and pedestrian safety, health, and environment, and funding for training, volunteers, and managers of safe routes to school programs. (B)  Allocation Not less than 10 percent and not more than 30 percent of the amount apportioned to a State under this section for a fiscal year shall be used for noninfrastructure-related activities under this paragraph. (3)  Safe routes to school coordinator Each State shall use a sufficient amount of the apportionment of the State for each fiscal year to fund a full-time position of coordinator of the safe routes to school program of the State. (h)  Clearinghouse. (1)  In general The Secretary shall make grants to a national nonprofit organization engaged in promoting safe routes to schools (A) to operate a national safe routes to school clearinghouse; (B) to develop information and educational programs on safe routes to school; and (C) to provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs. (2)  Funding The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (d)(3). (i)  Treatment of Projects Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1. (Added Pub. L. 11758, div. A, title I,  11119(a) Nov. 15, 2021 135 Stat. 495  Editorial Notes Prior Provisions A prior section 208, Pub. L. 85767 Aug. 27, 1958 72 Stat. 908 Pub. L. 87282 Sept. 22, 1961 75 Stat. 584 Pub. L. 93643,  102(c) Jan. 4, 1975 88 Stat. 2281 section 104 of this title Pub. L. 97424, title I,  126(d) Jan. 6, 1983 96 Stat. 2115 Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title [ 209. Repealed. Pub. L. 97424, title I,  126(d) Jan. 6, 1983 96 Stat. 2115   Section, Pub. L. 85767 Aug. 27, 1958 72 Stat. 908 Pub. L. 88423,  4(b) Aug. 13, 1964 78 Stat. 397 section 112 of this title  210. Defense access roads (a)  Authorization. (1)  In general When defense access roads are certified to the Secretary as important to the national defense by the Secretary of Defense or such other official as the President may designate, the Secretary is authorized, out of the funds appropriated for defense access roads, to provide for (A) the construction and maintenance of defense access roads (including bridges, tubes, tunnels, and culverts or other hydraulic appurtenances on those roads) to (i) military reservations; (ii) defense industry sites; (iii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or (iv) sources of raw materials; (B) the reconstruction or enhancement of, or improvements to, those roads to ensure the continued effective use of the roads, regardless of current or projected increases in mean tides, recurrent flooding, or other weather-related conditions or natural disasters; and (C) replacing existing highways and highway connections that are shut off from general public use by necessary closures, closures due to mean sea level fluctuation and flooding, or restrictions at (i) military reservations; (ii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or (iii) defense industry sites. (2) If it is determined that an action of the Department of Defense will cause a significant transportation impact to access to a military reservation, the Secretary of Defense shall conduct a transportation needs assessment to assess the magnitude of the improvement required to address the impact. The Secretary of Defense, in consultation with the Secretary of Transportation, shall determine the magnitude of the required improvements without regard to the extent to which traffic generated by the reservation is greater than other traffic in the vicinity of the reservation. (b) Funds appropriated for the purposes of this section shall be available, without regard to apportionment among the several States, for paying all or any part of the cost of construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, or enhancements to, defense access roads. (c) Funds appropriated for defense maneuvers and exercises, may be used by the Secretary in areas certified to the Secretary by the Secretary of Defense as maneuver areas for such activities for construction, maintenance, reconstruction, enhancement, improvement, and repair as may be necessary to keep the highways in those areas, which have been or may be used for training of the Armed Forces, in suitable condition for (1) that training; and (2) repairing the damage to those highways caused by (A) weather-related events, increases in mean high tide levels, recurrent flooding, or natural disasters; or (B) the operations of men and equipment in such training. (d) Whenever any project for the construction of a circumferential highway around a city or of a radial intracity route thereto submitted by any State is certified by the Secretary of Defense, or such other official as the President may designate, as being important for civilian or military defense, such project may be constructed out of the funds heretofore or hereafter authorized to be appropriated for defense access roads. (e) If the Secretary shall determine that the State transportation department of any State is unable to obtain possession and the right to enter upon and use the required rights-of-way, lands, or interest in lands, improved or unimproved, required for any project authorized by this section with sufficient promptness, the Secretary is authorized to acquire, enter upon, take possession thereof, and expend funds for projects thereon, prior to approval of title by the Attorney General, in the name of the United States, such rights-of-way, lands, or interest in lands as may be required in such State for such projects by purchase, donation, condemnation, or otherwise in accordance with the laws of the United States (including sections 3114 to 3116 and 3118 of title 40). The cost incurred by the Secretary in acquiring any such rights-of-way, lands, or interest in lands may include the cost of examination and abstract of title, certificate of title, advertising, and any fees incidental to such acquisition; and shall be payable out of the funds available for paying the cost or the Federal share of the cost of the project for which such rights-of-way, lands, or interests in lands are acquired. The Secretary is further authorized and directed by proper deed executed in the name of the United States to convey any lands or interests in lands acquired in any State under the provisions of prior Acts or of this section to the State transportation department of such State or to such political subdivision thereof as its laws may provide, upon such terms and conditions as may be agreed upon by the Secretary and the State transportation department, or political subdivisions to which the conveyance is to be made. (f) The provisions of section 112 of this title (g) If the Secretary shall determine that it is necessary for the expeditious completion of any defense access road project the Secretary may advance to any State out of funds appropriated for defense access roads transferred and available to the Department of Transportation the Federal share of the cost of construction thereof to enable the State transportation department to make prompt payments for acquisition of rights-of-way, and for the construction as it progresses. The sums so advanced shall be deposited in a special fund by the State official authorized by State law to receive such funds, to be disbursed solely upon vouchers approved by the State transportation department for rights-of-way which have been or are being acquired and for construction and other activities actually performed under this section. Upon determination by the Secretary that funds advanced to any State under the provisions of this subsection are no longer required, the amount of the advance which is determined to be in excess of requirements for the project shall be repaid upon demand by the Secretary, and such repayments shall be returned to the credit of the appropriation from which the funds were advanced. (h) Funds appropriated for the purposes of this section shall be available to pay the cost of repairing damage caused to highways by the operation of vehicles and equipment in the construction of classified military installations and facilities for ballistic missiles if the Secretary shall determine that the State transportation department of any State is, or has been, unable to prevent such damage by restrictions upon the use of such highways without interference with, or delay in, the completion of a contract for the construction of such military reservations or installations. This subsection shall apply notwithstanding any provision of contract holding a party thereto responsible for such damage, if the Secretary of Defense or his designee shall determine, in fact, that construction estimates and the bid of such party did not include allowance for repairing such damage. This subsection shall apply to damage caused by construction work commenced prior to June 1, 1961 June 1, 1961 (i)  Repair of Certain Damages and Infrastructure The funds appropriated to carry out this section may be used to pay the cost of repairing damage caused, or any infrastructure to mitigate a risk posed, to a defense access road by recurrent or projected recurrent flooding, sea level fluctuation, a natural disaster, or any other current or projected change in applicable environmental conditions, if the Secretary determines that continued access to a military installation, defense industry site, air or sea port necessary for or planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies, or to a source of raw materials, has been or is projected to be impacted by those events or conditions. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 908 Pub. L. 86657,  8(d) July 14, 1960 74 Stat. 524 Pub. L. 8761, title I,  105 June 29, 1961 75 Stat. 123 Pub. L. 97424, title I,  155 Jan. 6, 1983 96 Stat. 2134 Pub. L. 10017, title I,  133(b)(15) Apr. 2, 1987 101 Stat. 172 Pub. L. 105178, title I,  1212(a)(2)(A)(i) June 9, 1998 112 Stat. 193 Pub. L. 109284,  3(2) Sept. 27, 2006 120 Stat. 1211 Pub. L. 110417, div. B, title XXVIII,  2814(a) Oct. 14, 2008 122 Stat. 4728 Pub. L. 11281, div. B, title XXVIII,  2816(a) Dec. 31, 2011 125 Stat. 1689 Pub. L. 112141, div. A, title I,  1516 July 6, 2012 126 Stat. 574 Pub. L. 115232, div. B, title XXVIII,  2865 Aug. 13, 2018 132 Stat. 2285 Pub. L. 11692, div. B, title XXVIII,  2808 Dec. 20, 2019 133 Stat. 1885  Editorial Notes Amendments 2019Subsec. (a)(1). Pub. L. 11692,  2808(1) Subsec. (b). Pub. L. 11692,  2808(2) Subsec. (c). Pub. L. 11692,  2808(3) Subsec. (g). Pub. L. 11692,  2808(4) Subsec. (i). Pub. L. 11692,  2808(5) 2018Subsec. (a)(1). Pub. L. 115232,  2865(a) Subsec. (i). Pub. L. 115232,  2865(b) 2012Subsec. (a)(2). Pub. L. 112141 2011Subsec. (a)(2). Pub. L. 11281 2008Subsec. (a). Pub. L. 110417 2006Subsec. (e). Pub. L. 109284 February 26, 1931 46 Stat. 1421 1998Subsecs. (e), (g), (h). Pub. L. 105178 1987Subsec. (g). Pub. L. 10017 1983Subsec. (c). Pub. L. 97424 October 16, 1951 65 Stat. 422 1961Subsec. (h). Pub. L. 8761 1960Subsec. (g). Pub. L. 86657 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Economic Adjustment Committee Consideration of Additional Defense Access Roads Funding Sources Pub. L. 11281, div. B, title XXVIII,  2816(b) Dec. 31, 2011 125 Stat. 1689  (1)  Convening of committee Not later than 90 days after the date of the enactment of this Act [ Dec. 31, 2011 10 U.S.C. 2391 section 210 of title 23 (2)  Report Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report describing the results of the Economic Adjustment Committee deliberations and containing an implementation plan to expand funding sources for the mitigation of significant transportation impacts to access to military reservations pursuant to subsection (b) of section 210 of title 23 Separate Budget Request for Program Pub. L. 11281, div. B, title XXVIII,  2816(c) Dec. 31, 2011 125 Stat. 1689 Amounts requested for a fiscal year for the defense access roads program under section 210 of title 23 section 1105 of title 31 [ 211. Repealed. Pub. L. 10017, title I,  133(e)(1) Apr. 2, 1987 101 Stat. 173   Section, Pub. L. 85767 Aug. 27, 1958 72 Stat. 909 [ 212. Repealed. Pub. L. 112141, div. A, title I,  1519(b)(1)(A) July 6, 2012 126 Stat. 575   Section, Pub. L. 85767 Aug. 27, 1958 72 Stat. 909 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title [ 213. Repealed. Pub. L. 11494, div. A, title I,  1109(c)(2) Dec. 4, 2015 129 Stat. 1343   Section, added Pub. L. 112141, div. A, title I,  1122(a) July 6, 2012 126 Stat. 494  A prior section 213, Pub. L. 85767 Aug. 27, 1958 72 Stat. 911 Pub. L. 10017, title I,  133(e)(1) Apr. 2, 1987 101 Stat. 173 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 [ 214. Repealed. Pub. L. 112141, div. A, title I,  1119(b) July 6, 2012 126 Stat. 491   Section, added Pub. L. 87866,  6(b) Oct. 23, 1962 76 Stat. 1147 Pub. L. 97424, title I,  126(d) Jan. 6, 1983 96 Stat. 2115 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title [ 215. Repealed. Pub. L. 112141, div. A, title I,  1114(b)(2)(A) July 6, 2012 126 Stat. 468   Section, added Pub. L. 10959, title I,  1118(a) Aug. 10, 2005 119 Stat. 1179  A prior section 215, added Pub. L. 91605, title I,  112(a) Dec. 31, 1970 84 Stat. 1720 Pub. L. 95599, title I,  129(f) Nov. 6, 1978 92 Stat. 2708 Pub. L. 96106,  9 Nov. 9, 1979 93 Stat. 798 Pub. L. 10017, title I,  133(b)(16) Apr. 2, 1987 101 Stat. 172 Pub. L. 10959, title I,  1118(a) Aug. 10, 2005 119 Stat. 1179 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title [ 216. Repealed. Pub. L. 112141, div. A, title I,  1519(b)(1)(A) July 6, 2012 126 Stat. 575   Section, added Pub. L. 91605, title I,  113(a) Dec. 31, 1970 84 Stat. 1721 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  217. Bicycle transportation and pedestrian walkways (a)  Use of STP and Congestion Mitigation Program Funds Subject to project approval by the Secretary, a State may obligate funds apportioned to it under sections 104(b)(2) and 104(b)(4) of this title for construction of pedestrian walkways and bicycle and shared micromobility transportation facilities and for carrying out nonconstruction projects related to safe access for bicyclists and pedestrians. (b)  Use of National Highway Performance Program Funds Subject to project approval by the Secretary, a State may obligate funds apportioned to it under section 104(b)(1) of this title (c)  Use of Federal Lands Highway Funds Funds authorized for forest highways, forest development roads and trails, public lands development roads and trails, park roads, parkways, Indian reservation roads, and public lands highways shall be available, at the discretion of the department charged with the administration of such funds, for the construction of pedestrian walkways and bicycle transportation facilities. (d)  State Bicycle and Pedestrian Coordinators Each State receiving an apportionment under sections 104(b)(2) and 104(b)(4) of this title shall use such amount of the apportionment as may be necessary to fund in the State department of transportation up to 2 positions of bicycle and pedestrian coordinator for promoting and facilitating the increased use of nonmotorized modes of transportation, including developing facilities for the use of pedestrians and bicyclists and public education, promotional, and safety programs for using such facilities. (e)  Bridges In any case where a highway bridge deck being replaced or rehabilitated with Federal financial participation is located on a highway on which pedestrians or bicyclists are permitted to operate at each end of such bridge, and the Secretary determines that the safe accommodation of pedestrians or bicyclists can be provided at reasonable cost as part of such replacement or rehabilitation, then such bridge shall be so replaced or rehabilitated as to provide such safe accommodations. (f)  Federal Share For all purposes of this title, construction of a pedestrian walkway or a bicycle or shared micromobility transportation facility shall be deemed to be a highway project and the Federal share payable on account of such construction shall be determined in accordance with section 120(b). (g)  Planning and Design. (1)  In general Bicyclists and pedestrians shall be given due consideration in the comprehensive transportation plans developed by each metropolitan planning organization and State in accordance with sections 134 and 135, respectively. Bicycle transportation facilities and pedestrian walkways shall be considered, where appropriate, in conjunction with all new construction and reconstruction of transportation facilities, except where bicycle and pedestrian use are not permitted. (2)  Safety considerations Transportation plans and projects shall provide due consideration for safety and contiguous routes for bicyclists and pedestrians. Safety considerations shall include the installation, where appropriate, and maintenance of audible traffic signals and audible signs at street crossings. (h)  Use of Motorized Vehicles Motorized vehicles may not be permitted on trails and pedestrian walkways under this section, except for (1) maintenance purposes; (2) when snow conditions and State or local regulations permit, snowmobiles; (3) motorized wheelchairs; (4) when State or local regulations permit, electric bicycles; and (5) such other circumstances as the Secretary deems appropriate. (i)  Transportation Purpose No bicycle project may be carried out under this section unless the Secretary has determined that such bicycle project will be principally for transportation, rather than recreation, purposes. (j)  Definitions In this section, the following definitions apply: (1)  Bicycle transportation facility The term bicycle transportation facility means a new or improved lane, path, or shoulder for use by bicyclists and a traffic control device, shelter, or parking facility for bicycles. (2)  Electric bicycle. (A)  In general The term electric bicycle means a bicycle (i) equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts; (ii) that can safely share a bicycle transportation facility with other users of such facility; and (iii) that is a class 1 electric bicycle, class 2 electric bicycle, or class 3 electric bicycle. (B)  Classes of electric bicycles. (i)  Class 1 electric bicycle For purposes of subparagraph (A)(iii), the term class 1 electric bicycle means an electric bicycle, other than a class 3 electric bicycle, equipped with a motor that (I) provides assistance only when the rider is pedaling; and (II) ceases to provide assistance when the speed of the bicycle reaches or exceeds 20 miles per hour. (ii)  Class 2 electric bicycle For purposes of subparagraph (A)(iii), the term class 2 electric bicycle means an electric bicycle equipped with a motor that (I) may be used exclusively to propel the bicycle; and (II) is not capable of providing assistance when the speed of the bicycle reaches or exceeds 20 miles per hour. (iii)  Class 3 electric bicycle For purposes of subparagraph (A)(iii), the term class 3 electric bicycle means an electric bicycle equipped with a motor that (I) provides assistance only when the rider is pedaling; and (II) ceases to provide assistance when the speed of the bicycle reaches or exceeds 28 miles per hour. (3)  Pedestrian The term pedestrian means any person traveling by foot and any mobility-impaired person using a wheelchair. (4)  Wheelchair The term wheelchair means a mobility aid, usable indoors, and designed for and used by individuals with mobility impairments, whether operated manually or motorized. (Added Pub. L. 9387, title I,  124(a) Aug. 13, 1973 87 Stat. 262 Pub. L. 94280, title I,  134 May 5, 1976 90 Stat. 441 Pub. L. 95599, title I,  141(h) Nov. 6, 1978 92 Stat. 2712 Pub. L. 97424, title I,  126A Jan. 6, 1983 96 Stat. 2116 Pub. L. 10017, title I,  133(a)(2) Apr. 2, 1987 101 Stat. 170 Pub. L. 10017, title I,  127 Apr. 2, 1987 101 Stat. 167 Pub. L. 102240, title I,  1033 Dec. 18, 1991 105 Stat. 1975 Pub. L. 10459, title III,  310(b) Nov. 28, 1995 109 Stat. 582 Pub. L. 105178, title I,  1202(a) June 9, 1998 112 Stat. 168 Pub. L. 10959, title I,  1954 Aug. 10, 2005 119 Stat. 1515 Pub. L. 112141, div. A, title I,  1104(c)(4) July 6, 2012 126 Stat. 427 Pub. L. 11494, div. A, title I,  1446(a)(13) Dec. 4, 2015 129 Stat. 1438 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 514  Editorial Notes Amendments 2021Subsec. (a). Pub. L. 11758,  11133(1) Subsec. (d). Pub. L. 11758 Subsec. (e). Pub. L. 11758,  11133(3) Subsec. (f). Pub. L. 11758,  11133(4) Subsec. (j)(2). Pub. L. 11758,  11133(5) 2015Subsec. (a). Pub. L. 11494 2012Subsec. (b). Pub. L. 112141 2005Subsec. (c). Pub. L. 10959 1998Subsec. (b). Pub. L. 105178,  1202(a)(1) Subsec. (e). Pub. L. 105178,  1202(a)(2) Subsec. (g). Pub. L. 105178,  1202(a)(3) Subsec. (h). Pub. L. 105178,  1202(a)(4) Subsec. (h)(3). Pub. L. 105178,  1202(a)(5) Subsec. (h)(4), (5). Pub. L. 105178,  1202(a)(6) Subsec. (j). Pub. L. 105178,  1202(a)(7) 1995Subsec. (f). Pub. L. 10459 1991 Pub. L. 102240 1987Subsec. (b)(1). Pub. L. 10017 section 103(e)(4) of this title 1983Subsec. (a). Pub. L. 97424 Subsec. (b). Pub. L. 97424 Subsec. (c). Pub. L. 97424 Subsec. (d). Pub. L. 97424 Subsec. (e). Pub. L. 97424 Subsec. (f). Pub. L. 97424 Subsec. (g). Pub. L. 97424 Subsec. (h). Pub. L. 97424 1978Subsec. (a). Pub. L. 95599 1976Subsec. (e). Pub. L. 94280 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Sept. 30, 1991 section 1100 of Pub. L. 102240 section 104 of this title Active Transportation Infrastructure Investment Program Pub. L. 11758, div. A, title I,  11529 Nov. 15, 2021 135 Stat. 612  (a)  In General Subject to the availability of appropriations, the Secretary [of Transportation] shall carry out an active transportation infrastructure investment program to make grants, on a competitive basis, to eligible organizations to construct eligible projects to provide safe and connected active transportation facilities in an active transportation network or active transportation spine. (b)  Application. (1)  In general To be eligible to receive a grant under this section, an eligible organization shall submit to the Secretary an application in such manner and containing such information as the Secretary may require. (2)  Eligible projects partially on federal land With respect to an application for an eligible project that is located in part on Federal land, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to submit an application described in paragraph (1). (c)  Application Considerations In making a grant for construction of an active transportation network or active transportation spine under this section, the Secretary shall consider the following: (1) Whether the eligible organization submitted a plan for an eligible project for the development of walking and bicycling infrastructure that is likely to provide substantial additional opportunities for walking and bicycling, including effective plans (A) to create an active transportation network connecting destinations within or between communities, including schools, workplaces, residences, businesses, recreation areas, and other community areas, or create an active transportation spine connecting two or more communities, metropolitan regions, or States; and (B) to integrate active transportation facilities with transit services, where available, to improve access to public transportation. (2) Whether the eligible organization demonstrates broad community support through (A) the use of public input in the development of transportation plans; and (B) the commitment of community leaders to the success and timely implementation of an eligible project. (3) Whether the eligible organization provides evidence of commitment to traffic safety, regulations, financial incentives, or community design policies that facilitate significant increases in walking and bicycling. (4) The extent to which the eligible organization demonstrates commitment of State, local, or eligible Federal matching funds, and land or in-kind contributions, in addition to the local match required under subsection (f)(1), unless the applicant qualifies for an exception under subsection (f)(2). (5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to jobs and services for low-income communities and disadvantaged communities. (6) Whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists, accessibility to jobs and key destinations, economic competitiveness, environmental protection, and quality of life. (d)  Use of Funds. (1)  In general Of the amounts made available to carry out this section and subject to paragraphs (2) and (3), the Secretary shall obligate (A) not less than 30 percent to eligible projects that construct active transportation networks that connect people with public transportation, businesses, workplaces, schools, residences, recreation areas, and other community activity centers; and (B) not less than 30 percent to eligible projects that construct active transportation spines. (2)  Planning and design grants Each fiscal year, the Secretary shall set aside not less than $3,000,000 of the funds made available to carry out this section to provide planning grants for eligible organizations to develop plans for active transportation networks and active transportation spines. (3)  Administrative costs Each fiscal year, the Secretary shall set aside not more than $2,000,000 of the funds made available to carry out this section to cover the costs of administration, research, technical assistance, communications, and training activities under the program. (4)  Limitation on statutory construction Nothing in this subsection prohibits an eligible organization from receiving research or other funds under title 23 or 49, United States Code. (e)  Grant Timing. (1)  Request for application Not later than 30 days after funds are made available to carry out this section for a fiscal year, the Secretary shall publish in the Federal Register a request for applications for grants under this section for that fiscal year. (2)  Selection of grant recipients Not later than 150 days after funds are made available to carry out this section for a fiscal year, the Secretary shall select grant recipients of grants under this section for that fiscal year. (f)  Federal Share. (1)  In general Except as provided in paragraph (2), the Federal share of the cost of an eligible project carried out using a grant under this section shall not exceed 80 percent of the total project cost. (2)  Exception for disadvantaged communities For eligible projects serving communities with a poverty rate of over 40 percent based on the majority of census tracts served by the eligible project, the Secretary may increase the Federal share of the cost of the eligible project up to 100 percent of the total project cost. (g)  Assistance to Indian Tribes In carrying out this section, the Secretary may enter into grant agreements, self-determination contracts, and self-governance compacts under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 (h)  Reports. (1)  Interim report Not later than September 30, 2024 (2)  Final report Not later than September 30, 2026 (3)  Report information A report submitted under this subsection shall contain the following, with respect to the period covered by the applicable report: (A) A list of grants made under this section. (B) Best practices of eligible organizations that receive grants under this section in implementing eligible projects. (C) Impediments experienced by eligible organizations that receive grants under this section in developing and shifting to active transportation. (i)  Rule Required Not later than 1 year after the date of enactment of this Act [ Nov. 15, 2021 (j)  Authorization of Appropriations. (1)  In general There is authorized to be appropriated to the Secretary to carry out this section $200,000,000 for each of fiscal years 2022 through 2026. (2)  Availability The amounts made available to carry out this section shall remain available until expended. (k)  Treatment of Projects Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code. (l)  Definitions In this section: (1)  Active transportation The term active transportation means mobility options powered primarily by human energy, including bicycling and walking. (2)  Active transportation network The term active transportation network means facilities built for active transportation, including sidewalks, bikeways, and pedestrian and bicycle trails, that connect between destinations within a community or metropolitan region. (3)  Active transportation spine The term active transportation spine means facilities built for active transportation, including sidewalks, bikeways, and pedestrian and bicycle trails that connect between communities, metropolitan regions, or States. (4)  Community The term community means a geographic area that is socioeconomically interdependent and may include rural, suburban, and urban jurisdictions. (5)  Eligible organization The term eligible organization means (A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council; (B) a multicounty special district; (C) a State; (D) a multistate group of governments; or (E) an Indian tribe. (6)  Eligible project The term eligible project means an active transportation project or group of projects (A) within or between a community or group of communities, at least one of which falls within the jurisdiction of an eligible organization, which has submitted an application under this section; and (B) that has (i) a total cost of not less than $15,000,000; or (ii) with respect to planning and design grants, planning and design costs of not less than $100,000. (7)  Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (8)  Total project cost The term total project cost means the sum total of all costs incurred in the development of an eligible project that are approved by the Secretary as reasonable and necessary, including (A) the cost of acquiring real property; (B) the cost of site preparation, demolition, and development; (C) expenses related to the issuance of bonds or notes; (D) fees in connection with the planning, execution, and financing of the eligible project; (E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessments; (F) the cost of construction, rehabilitation, reconstruction, and equipping the eligible project; (G) the cost of land improvements; (H) contractor fees; (I) the cost of training and education related to the safety of users of any bicycle or pedestrian network or spine constructed as part of an eligible project; and (J) any other cost that the Secretary determines is necessary and reasonable. Nonmotorized Transportation Pilot Program Pub. L. 10959, title I,  1807 Aug. 10, 2005 119 Stat. 1460 Pub. L. 110244, title I,  106 June 6, 2008 122 Stat. 1602  (a)  Establishment The Secretary [of Transportation] shall establish and carry out a nonmotorized transportation pilot program to construct, in the following 4 communities selected by the Secretary, a network of nonmotorized transportation infrastructure facilities, including sidewalks, bicycle lanes, and pedestrian and bicycle trails, that connect directly with transit stations, schools, residences, businesses, recreation areas, and other community activity centers: (1) Columbia, Missouri. (2) Marin County, California. (3) Minneapolis, Minnesota. (4) Sheboygan County, Wisconsin. (b)  Purpose The purpose of the program shall be to demonstrate the extent to which bicycling and walking can carry a significant part of the transportation load, and represent a major portion of the transportation solution, within selected communities. (c)  Grants In carrying out the program, the Secretary [of Transportation] may make a grant of $6,250,000 per fiscal year for each of the communities set forth in subsection (a) to State, local, and regional agencies that the Secretary determines are suitably equipped and organized to carry out the objectives and requirements of this section. An agency that receives a grant under this section may suballocate grant funds to a nonprofit organization to carry out the program under this section. (d)  Statistical Information In carrying out the program, the Secretary [of Transportation] shall develop statistical information on changes in motor vehicle, nonmotorized transportation, and public transportation usage in communities participating in the program and assess how such changes decrease congestion and energy usage, increase the frequency of bicycling and walking, and promote better health and a cleaner environment. (e)  Reports The Secretary [of Transportation] shall submit to Congress an interim report not later than September 30, 2007 September 30, 2010 (f)  Funding. (1)  Authorization of appropriations There is authorized to be appropriated to carry out this section, out of the Highway Trust Fund (other than the Mass Transit Account), $25,000,000 for each of fiscal years 2006 through 2009. (2)  Contract authority Funds authorized to be appropriated by this section shall be available for obligation in the same manner and to the same extent as if the funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of the project shall be 100 percent, and the funds shall remain available until expended and shall not be transferable. (g)  Treatment of Projects Notwithstanding any other provision of law, projects assisted under this subsection shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code. Design Guidance Pub. L. 105178, title I,  1202(b) June 9, 1998 112 Stat. 169  (1)  In general In implementing section 217(g) of title 23 (2)  Issues to be addressed The guidance shall address issues such as the level and nature of the demand, volume, and speed of motor vehicle traffic, safety, terrain, cost, and sight distance. (3)  Recommendations The guidance shall include recommendations on amending and updating the policies of the American Association of State Highway and Transportation Officials relating to highway and street design standards to accommodate bicyclists and pedestrians. (4)  Time period for development The guidance shall be developed within 18 months after the date of enactment of this Act [ June 9, 1998 Energy Conservation Bicycle Transportation Program; Report Pub. L. 95619, title VI,  682 Nov. 9, 1978 92 Stat. 3287 Nov. 9, 1978 Bikeway Construction Projects Pub. L. 95599, title I,  141(a) Nov. 6, 1978 92 Stat. 2711 Pub. L. 10017, title I,  133(e)(2) Apr. 2, 1987 101 Stat. 173 Bikeway Demonstration Program Pub. L. 93643,  119 Jan. 4, 1975 88 Stat. 2288 Pub. L. 10017, title I,  133(e)(2) Apr. 2, 1987 101 Stat. 173  218. Alaska Highway (a) Recognizing the benefits that will accrue to the State of Alaska and to the United States from the reconstruction of the Alaska Highway from the Alaskan border at Beaver Creek, Yukon Territory, to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to Haines, Alaska, the Secretary may provide for the necessary reconstruction of the highway using funds awarded through an applicable competitive grant program, if the highway meets all applicable eligibility requirements for the program, except for the specific requirements established by the agreement for the Alaska Highway Project between the Government of the United States and the Government of Canada. In addition to the funds described in the previous sentence, notwithstanding any other provision of law and on agreement with the State of Alaska, the Secretary is authorized to expend on such highway or the Alaska Marine Highway System any Federal-aid highway funds apportioned to the State of Alaska under this title at a Federal share of 100 per centum. No expenditures shall be made for the construction of the portion of such highways that are in Canada unless an agreement is in place between the Government of Canada and the Government of the United States (including an agreement in existence on the date of enactment of the Surface Transportation Reauthorization Act of 2021) that provides, in part, that the Canadian Government (1) will provide, without participation of funds authorized under this title, all necessary right-of-way for the reconstruction of such highways; (2) will not impose any highway toll, or permit any such toll to be charged for the use of such highways by vehicles or persons; (3) will not levy or assess, directly or indirectly, any fee, tax, or other charge for the use of such highways by vehicles or persons from the United States that does not apply equally to vehicles or persons of Canada; (4) will continue to grant reciprocal recognition of vehicle registration and drivers licenses in accordance with agreements between the United States and Canada; and (5) will maintain such highways after their completion in proper condition adequately to serve the needs of present and future traffic. (b) The survey and construction work undertaken in Canada pursuant to this section shall be under the general supervision of the Secretary. (c) For purposes of this section, the term Alaska Marine Highway System includes all existing or planned transportation facilities and equipment in Alaska, including the lease, purchase, operation, repair, or construction of vessels, terminals, docks, floats, ramps, staging areas, parking lots, bridges and approaches thereto, and necessary roads. (d) Notwithstanding any other provision of law, a project assisted under this section in the State of Alaska shall be treated as a project on a Federal-aid highway under chapter 1. (Added Pub. L. 9387, title I,  127(a)(1) Aug. 13, 1973 87 Stat. 264 Pub. L. 94147 Dec. 12, 1975 89 Stat. 803 Pub. L. 97424, title I,  158 Jan. 6, 1983 96 Stat. 2135 Pub. L. 105277, div. A,  101(g) [title III,  316] Oct. 21, 1998 112 Stat. 2681439 Pub. L. 1087, div. I, title III,  327 Feb. 20, 2003 117 Stat. 413 Pub. L. 10959, title IV,  4409 Aug. 10, 2005 119 Stat. 1778 Pub. L. 112141, div. A, title I,  1519(c)(10) July 6, 2012 126 Stat. 576 Pub. L. 11494, div. A, title I,  1446(d)(5)(B) Dec. 4, 2015 129 Stat. 1438 Pub. L. 11758, div. A, title I,  11116 Nov. 15, 2021 135 Stat. 482  Editorial Notes  References in Text The date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsec. (a), is the date of enactment of div. A of Pub. L. 11758 Nov. 15, 2021 Amendments 2021 Pub. L. 11758,  11116 (a) Notwithstanding any other provision of law upon agreement with the State of Alaska, the Secretary is authorized to expend on the Alaska Marine Highway System any Federal-aid highway funds apportioned to the State of Alaska under this title at a Federal share of 100 per centum. (b) For purposes of this section, the term Alaska Marine Highway System includes all existing or planned transportation facilities and equipment in Alaska, including the lease, purchase, or construction of vessels, terminals, docks, floats, ramps, staging areas, parking lots, bridges and approaches thereto, and necessary roads. Subsec. (c). Pub. L. 11758,  71103(g)(2) 2015 Pub. L. 11494 Pub. L. 112141,  1519(c) 2012Subsec. (a). Pub. L. 112141,  1519(c)(10)(A) Pub. L. 11494,  1446(d)(5)(B) Subsecs. (b), (c). Pub. L. 112141,  1519(c)(10)(B) Pub. L. 11494,  1446(d)(5)(B) 2005Subsec. (a). Pub. L. 10959,  4409(1) Subsec. (c). Pub. L. 10959,  4409(2) 2003Subsec. (a). Pub. L. 1087 1998Subsec. (a). Pub. L. 105277,  101(g) [title III,  316(1)(A)] Subsec. (b). Pub. L. 105277,  101(g) [title III,  316(2)] 1983Subsec. (a). Pub. L. 97424 1975Subsec. (a)(1). Pub. L. 94147 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by section 11116 of Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Pub. L. 11494, div. A, title I,  1446(d) Dec. 4, 2015 129 Stat. 1438 July 6, 2012 Pub. L. 112141 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Alaskan Roads Study; Investigation; Report to Congress Pub. L. 94280, title I,  151 May 5, 1976 90 Stat. 448 Sept. 30, 1976 Appropriations Authorization Pub. L. 9387, title I,  127(b) Aug. 13, 1973 87 Stat. 264 For the purpose of completing necessary reconstruction of the Alaska Highway from the Alaskan border to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to the south Alaskan border there is authorized to be appropriated the sum of $58,670,000 to be expended in accordance with the provisions of section 218 of title 23 [ 219. Repealed. Pub. L. 10017, title I,  133(e)(1) Apr. 2, 1987 101 Stat. 173   Section, added Pub. L. 93643,  122(a) Jan. 4, 1975 88 Stat. 2289 Pub. L. 94280, title I,  135(a) May 5, 1976 90 Stat. 441 Pub. L. 95599, title I,  168(d) Nov. 6, 1978 92 Stat. 2723 Pub. L. 96106,  10(a) Nov. 9, 1979 93 Stat. 798 CHAPTER 3 GENERAL PROVISIONS    Sec.  301. Freedom from tolls.  302. State transportation department.  [ 303. Repealed.]  304. Participation by small business enterprises.  305. Archeological and paleontological salvage.  306. Mapping.  [ 307. Repealed.]  308. Cooperation with Federal and State agencies and foreign countries.  [ 309. Repealed.]  310. Civil defense.  311. Highway improvements strategically important to the national defense.  312. Detail of Army, Navy, and Air Force officers.  313. Buy America.  314. Relief of employees in hazardous work.  315. Rules, regulations, and recommendations.  316. Consent by United States to conveyance of property.  317. Appropriation for highway purposes of lands or interests in lands owned by the United States.  318. Highway relocation due to airport.  319. Landscaping and scenic enhancement.  320. Bridges on Federal dams.  321. Signs identifying funding sources.  322. Magnetic levitation transportation technology deployment program.  323. Donations and credits.  324. Prohibition of discrimination on the basis of sex.  [ 325. Repealed.]  326. State assumption of responsibility for categorical exclusions.  327. Surface transportation project delivery program.  328. Eligibility for environmental restoration and pollution abatement.  329. Eligibility for control of noxious weeds and aquatic noxious weeds and establishment of native species.  330. Program for eliminating duplication of environmental reviews.  331. Evaluation of projects within an operational right-of-way.  332. Pollinator-friendly practices on roadsides and highway rights-of-way.  Editorial Notes Amendments 2021 Pub. L. 11758, div. A, title I Nov. 15, 2021 135 Stat. 536 2015 Pub. L. 11494, div. A, title I,  1309(d) Dec. 4, 2015 129 Stat. 1397 2012 Pub. L. 112141, div. A, title I,  1519(c)(1)(C) July 6, 2012 126 Stat. 575 Pub. L. 112141, div. A, title I,  1313(i) July 6, 2012 126 Stat. 547 2005 Pub. L. 10959, title I Aug. 10, 2005 119 Stat. 1464 1998 Pub. L. 105178, title I June 9, 1998 112 Stat. 193 1991 Pub. L. 102240, title I,  1034(b) Dec. 18, 1991 105 Stat. 1978 1987 Pub. L. 10017, title I,  133(e)(1) Apr. 2, 1987 101 Stat. 173 1983 Pub. L. 97449,  5(d)(2) Jan. 12, 1983 96 Stat. 2442 1973 Pub. L. 9387, title I Aug. 13, 1973 87 Stat. 273 1970 Pub. L. 91605, title I,  115(b) Dec. 31, 1970 84 Stat. 1723 1966 Pub. L. 89564, title I,  102(b)(2) Sept. 9, 1966 80 Stat. 735 1965 Pub. L. 89285, title III,  301(b) Oct. 22, 1965 79 Stat. 1032  301. Freedom from tolls  Except as provided in section 129 of this title ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 912  302. State transportation department (a) Any State desiring to avail itself of the provisions of this title shall have a State transportation department which shall have adequate powers, and be suitably equipped and organized to discharge to the satisfaction of the Secretary the duties required by this title. In meeting the provisions of this subsection, a State may engage, to the extent necessary or desirable, the services of private engineering firms. (b)  Effect of Compliance Compliance with subsection (a) shall have no effect on the eligibility of costs. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 912 Pub. L. 89574,  11 Sept. 13, 1966 80 Stat. 770 Pub. L. 105178, title I,  1212(a)(1) June 9, 1998 112 Stat. 193  Editorial Notes Amendments 1998 Pub. L. 105178,  1212(a)(2)(B)(ii) Subsec. (a). Pub. L. 105178,  1212(a)(1)(A) Subsec. (b). Pub. L. 105178,  1212(a)(1)(B) [ 303. Repealed. Pub. L. 112141, div. A, title I,  1519(b)(1)(A) July 6, 2012 126 Stat. 575   Section, added Pub. L. 102240, title I,  1034(a) Dec. 18, 1991 105 Stat. 1977 Pub. L. 103429,  3(8) Oct. 31, 1994 108 Stat. 4378 Pub. L. 10459, title II,  205(a) Nov. 28, 1995 109 Stat. 576  A prior section 303, Pub. L. 85767 Aug. 27, 1958 72 Stat. 912 Pub. L. 87392,  1 Oct. 4, 1961 75 Stat. 822 Pub. L. 88426, title III,  305(24) Aug. 14, 1964 78 Stat. 425 Pub. L. 91605, title I,  114(a) Dec. 31, 1970 84 Stat. 1722 Pub. L. 9387, title I,  152(4) Aug. 13, 1973 87 Stat. 276 Pub. L. 97449,  7(b) Jan. 12, 1983 96 Stat. 2445 section 104 of Title 49 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  304. Participation by small business enterprises  It is declared to be in the national interest to encourage and develop the actual and potential capacity of small business and to utilize this important segment of our economy to the fullest practicable extent in construction of Federal-aid highways, including the Interstate System. In order to carry out that intent and encourage full and free competition, the Secretary should assist, insofar as feasible, small business enterprises in obtaining contracts in connection with the prosecution of the highway program. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 913 Pub. L. 112141, div. A, title I,  1104(c)(5) July 6, 2012 126 Stat. 427  Editorial Notes Amendments 2012 Pub. L. 112141 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  305. Archeological and paleontological salvage  Funds authorized to be appropriated to carry out this title to the extent approved as necessary by the highway department of any State, may be used for archeological and paleontological salvage in that State in compliance with the Act entitled An Act for the preservation of American antiquities, approved June 8, 1906 34 Stat. 225 ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 913 Pub. L. 86657,  8(e) July 14, 1960 74 Stat. 525  Editorial Notes  References in Text An Act for the preservation of American antiquities, referred to in text, is act June 8, 1906, ch. 3060 34 Stat. 225 Amendments 1960 Pub. L. 86657  306. Mapping (a)  In General In carrying out the provisions of this title, the Secretary shall, wherever practicable, authorize the use of photogrammetric methods in mapping, and the utilization of commercial enterprise for such services. (b)  Guidance The Secretary shall issue guidance to encourage States to utilize, to the maximum extent practicable, private sector sources for surveying and mapping services for projects under this title. In carrying out this subsection, the Secretary shall recommend appropriate roles for State government and private mapping and surveying activities, including (1) preparation of standards and specifications; (2) research in surveying and mapping instrumentation and procedures and technology transfer to the private sector; (3) providing technical guidance, coordination, and administration of State surveying and mapping activities; and (4) recommending methods for increasing the use by the States of private sector sources for surveying and mapping activities. (c)  Implementation The Secretary shall develop a process for the oversight and monitoring, on an annual basis, of the compliance of each State with the guidance issued under subsection (b). ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 913 Pub. L. 10459, title III,  321 Nov. 28, 1995 109 Stat. 590 Pub. L. 112141, div. A, title I,  1517(a) July 6, 2012 126 Stat. 574  Editorial Notes Amendments 2012Subsec. (a). Pub. L. 112141,  1517(a)(1) Subsec. (b). Pub. L. 112141,  1517(a)(2) Subsec. (c). Pub. L. 112141,  1517(a)(3) 1995 Pub. L. 10459 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title [ 307. Repealed. Pub. L. 105178, title V,  5119(b) June 9, 1998 112 Stat. 452   Section, Pub. L. 85767 Aug. 27, 1958 72 Stat. 913 Pub. L. 87866,  11 Oct. 23, 1962 76 Stat. 1148 Pub. L. 88157,  6 Oct. 24, 1963 77 Stat. 277 Pub. L. 89564, title I,  103 Sept. 9, 1966 80 Stat. 735 Pub. L. 91605, title I Dec. 31, 1970 84 Stat. 1723 Pub. L. 9387, title I,  151 Aug. 13, 1973 87 Stat. 276 Pub. L. 96470, title I,  112(b)(2) Oct. 19, 1980 94 Stat. 2239 Pub. L. 97424, title I Jan. 6, 1983 96 Stat. 2134 Pub. L. 10017, title I Apr. 2, 1987 101 Stat. 167 Pub. L. 102240, title VI Dec. 18, 1991 105 Stat. 2162 Pub. L. 103429,  3(10) Oct. 31, 1994 108 Stat. 4378 Pub. L. 10459, title III,  325(d) Nov. 28, 1995 109 Stat. 592 Statutory Notes and Related Subsidiaries Intelligent Transportation Systems Pub. L. 102240, title VI Dec. 18, 1991 105 Stat. 2189 Pub. L. 102388, title IV,  404 Oct. 6, 1992 106 Stat. 1564 Pub. L. 10459, title III,  338(a) Nov. 28, 1995 109 Stat. 603 Pub. L. 105130,  5(d) Dec. 1, 1997 111 Stat. 2557 Pub. L. 105178, title V,  5213 June 9, 1998 112 Stat. 463 Pub. L. 105178, title V June 9, 1998 112 Stat. 452463 section 502 of this title  308. Cooperation with Federal and State agencies and foreign countries (a)  Authorized Activities. (1)  In general The Secretary may perform, by contract or otherwise, authorized engineering or other services in connection with the survey, construction, maintenance, or improvement of highways for other Federal agencies, cooperating foreign countries, and State cooperating agencies. (2)  Inclusions Services authorized under paragraph (1) may include activities authorized under section 214 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. (3)  Reimbursement Reimbursement for services carried out under this subsection (including depreciation on engineering and road-building equipment) shall be credited to the applicable appropriation. (4)  Alternative contracting methods. (A)  In general Notwithstanding any other provision of law (including the Federal Acquisition Regulation), in performing services under paragraph (1), the Secretary may use any contracting method available to a State under this title. (B)  Methods described The contracting methods referred to in subparagraph (A) shall include, at a minimum (i) project bundling; (ii) bridge bundling; (iii) design-build contracting; (iv) 2-phase contracting; (v) long-term concession agreements; and (vi) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary. (b) Appropriations for the work of the Federal Highway Administration shall be available for expenses of warehouse maintenance and the procurement, care, and handling of supplies, materials, and equipment for distribution to projects under the supervision of the Federal Highway Administration, or for sale or distribution to other Government agencies, cooperating foreign countries, and State cooperating agencies, and the cost of such supplies and materials or the value of such equipment, including the cost of transportation and handling, may be reimbursed to current applicable appropriations. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 914 Pub. L. 9387, title I,  152(5) Aug. 13, 1973 87 Stat. 276 Pub. L. 112141, div. A, title I,  1521(f) July 6, 2012 126 Stat. 579 Pub. L. 11758, div. A, title I,  11305(b) Nov. 15, 2021 135 Stat. 532  Editorial Notes  References in Text Section 214 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (a)(2), is classified to section 4634 of Title 42 Amendments 2021Subsec. (a)(4). Pub. L. 11758 2012Subsec. (a). Pub. L. 112141 1973Subsec. (b). Pub. L. 9387 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2012 Amendment Pub. L. 112141, div. A, title I,  1521(g) July 6, 2012 126 Stat. 579  (1) In general. Except as provided in paragraph (2), the amendments made by this section [enacting section 4634 of Title 42 Pub. L. 112141 section 101 of this title (2) Exception. The amendments made by subsections (a) through (c) [amending sections 4622 to 4624 of Title 42] shall take effect 2 years after the date of enactment of this Act. [ 309. Repealed. Pub. L. 112141, div. A, title I,  1519(b)(1)(A) July 6, 2012 126 Stat. 575   Section, Pub. L. 85767 Aug. 27, 1958 72 Stat. 914 Pub. L. 9387, title I,  152(5) Aug. 13, 1973 87 Stat. 276 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  310. Civil defense  In order to assure that adequate consideration is given to civil defense aspects in the planning and construction of highways constructed or reconstructed with the aid of Federal funds, the Secretary of Transportation is authorized and directed to consult, from time to time, with the Federal Civil Defense Administrator relative to the civil defense aspects of highways so constructed or reconstructed. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 914 Pub. L. 9387, title I,  152(3) Aug. 13, 1973 87 Stat. 276  Editorial Notes Amendments 1973 Pub. L. 9387 Executive Documents  Transfer of Functions Office of Federal Civil Defense Administrator, referred to in text, abolished and functions thereof transferred to President by Reorg. Plan No. 1 of 1958, set out as a note under section 5195 of Title 42 Aug. 26, 1958 72 Stat. 861 42 U.S.C. 5195 July 20, 1961 Sept. 22, 1961 75 Stat. 630 42 U.S.C. 5195 Oct. 21, 1968 82 Stat. 1194 42 U.S.C. 5195 section 5195 of Title 42  311. Highway improvements strategically important to the national defense  Funds made available under subsection (a) of section 104 of this title section 104 of this title ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 915  Statutory Notes and Related Subsidiaries National Defense Highways Located Outside United States Pub. L. 102240, title I,  1006(h) Dec. 18, 1991 105 Stat. 1927  (1)  Reconstruction projects If the Secretary determines, after consultation with the Secretary of Defense, that a highway, or portion of a highway, located outside the United States is important to the national defense, the Secretary may carry out a project for the reconstruction of such highway or portion of highway. (2)  Funding The Secretary may make available, from funds appropriated to construct the National System of Interstate and Defense Highways, not to exceed $20,000,000 per fiscal year for each of fiscal years 1993, 1994, 1995, and 1996 to carry out this subsection. Such sums shall remain available until expended.  312. Detail of Army, Navy, and Air Force officers  The Secretary of Defense, upon request of the Secretary, is authorized to make temporary details to the Federal Highway Administration of officers of the Army, the Navy, and the Air Force, without additional compensation, for technical advice and for consultation regarding highway needs for the national defense. Travel and subsistence expenses of officers so detailed shall be paid from appropriations available to the Department of Transportation on the same basis as authorized by law and by regulations of the Department of Defense for such officers. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 915 Pub. L. 9387, title I,  152(5) Aug. 13, 1973 87 Stat. 276  Editorial Notes Amendments 1973 Pub. L. 9387  313. Buy America (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 (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 (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 (Added and amended Pub. L. 10959, title I,  1903(a) Aug. 10, 2005 119 Stat. 1464 Pub. L. 112141, div. A, title I,  1518 July 6, 2012 126 Stat. 574 Pub. L. 11758, 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. 97424 Jan. 6, 1983 96 Stat. 2097 section 101 of this title The Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (e), is Pub. L. 102240 Dec. 18, 1991 105 Stat. 1914 section 101 of Title 49 The National Environmental Policy Act of 1969, referred to in subsec. (h), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Codification Section, as added by Pub. L. 10959 Pub. L. 97424, title I,  165 Jan. 6, 1983 96 Stat. 2136 Pub. L. 98229,  10 Mar. 9, 1984 98 Stat. 57 Pub. L. 10017, title I Apr. 2, 1987 101 Stat. 171 Pub. L. 102240, title I,  1048 Dec. 18, 1991 105 Stat. 1999 Pub. L. 103272,  4(r) July 5, 1994 108 Stat. 1371 Pub. L. 103429,  7(a)(3)(E) Oct. 31, 1994 108 Stat. 4389 section 101 of this title Pub. L. 10959, title I,  1903(d) Aug. 10, 2005 119 Stat. 1465 Prior Provisions A prior section 313, Pub. L. 85767 Aug. 27, 1958 72 Stat. 915 section 104(a) of this title Pub. L. 89564, title I,  102(a) Sept. 9, 1966 80 Stat. 734 Amendments 2021Subsecs. (g), (h). Pub. L. 11758 2012Subsec. (g). Pub. L. 112141 2005Subsec. (a). Pub. L. 10959,  1903(c)(1) 96 Stat. 2097 Subsec. (b)(3), (4). Pub. L. 10959,  1903(c)(2) Subsec. (d). Pub. L. 10959,  1903(c)(3) 96 Stat. 2097 Subsec. (e) to (g). Pub. L. 10959,  1903(c)(4) section 165 of Pub. L. 97424 Pub. L. 95599 section 165 of Pub. L. 97424 Pub. L. 102240,  1048(b) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Buy America Waiver Notification and Annual Reports Pub. L. 117328, div. L, title I,  122 Dec. 29, 2022 136 Stat. 5116 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 Similar provisions were contained in the following prior appropriation acts: Pub. L. 117103, div. L, title I,  122 Mar. 15, 2022 136 Stat. 704 Pub. L. 116260, div. L, title I,  122 Dec. 27, 2020 134 Stat. 1841 Pub. L. 11694, div. H, title I,  122 Dec. 20, 2019 133 Stat. 2951 Pub. L. 1166, div. G, title I,  122 Feb. 15, 2019 133 Stat. 412 Pub. L. 115141, div. L, title I,  122 Mar. 23, 2018 132 Stat. 986 Pub. L. 11531, div. K, title I,  123 May 5, 2017 131 Stat. 741 Pub. L. 114113, div. L, title I,  122 Dec. 18, 2015 129 Stat. 2847 Pub. L. 113235, div. K, title I,  122 Dec. 16, 2014 128 Stat. 2708 Pub. L. 11376, div. L, title I,  122 Jan. 17, 2014 128 Stat. 586 Pub. L. 11255, div. C, title I,  122 Nov. 18, 2011 125 Stat. 654 Pub. L. 111117, div. A, title I,  123 Dec. 16, 2009 123 Stat. 3048 Pub. L. 1118, div. I, title I,  126 Mar. 11, 2009 123 Stat. 928 Pub. L. 110161, div. K, title I,  130 Dec. 26, 2007 121 Stat. 2389 Pub. L. 110244, title I,  117 June 6, 2008 122 Stat. 1607  (a)  Waiver Notification. (1)  In general If the Secretary of Transportation makes a finding under section 313(b) of title 23 (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 section 313(b) of title 23  314. Relief of employees in hazardous work  The Secretary is authorized in an emergency to use appropriations to the Department of Transportation for carrying out the provisions of this title for medical supplies, services, and other assistance necessary for the immediate relief of employees of the Federal Highway Administration engaged in hazardous work. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 915 Pub. L. 9387, title I,  152(5) Aug. 13, 1973 87 Stat. 276  Editorial Notes Amendments 1973 Pub. L. 9387  315. Rules, regulations, and recommendations  Except as provided in sections 202(a)(5), 203(a)(3), and 205(a) of this title, the Secretary is authorized to prescribe and promulgate all needful rules and regulations for the carrying out of the provisions of this title. The Secretary may make such recommendations to the Congress and State transportation departments as he deems necessary for preserving and protecting the highways and insuring the safety of traffic thereon. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 915 Pub. L. 10017, title I,  133(b)(18) Apr. 2, 1987 101 Stat. 172 Pub. L. 105178, title I,  1212(a)(2)(A)(ii) June 9, 1998 112 Stat. 193 Pub. L. 112141, div. A, title I,  1119(c)(3) July 6, 2012 126 Stat. 492  Editorial Notes Amendments 2012 Pub. L. 112141 1998 Pub. L. 105178 1987 Pub. L. 10017 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  316. Consent by United States to conveyance of property  For the purposes of this title the consent of the United States is given to any railroad or canal company to convey to the State transportation department of any State, or its nominee, any part of its right-of-way or other property in that State acquired by grant from the United States. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 915 Pub. L. 105178, title I,  1212(a)(2)(A)(i) June 9, 1998 112 Stat. 193  Editorial Notes Amendments 1998 Pub. L. 105178  317. Appropriation for highway purposes of lands or interests in lands owned by the United States (a) If the Secretary determines that any part of the lands or interests in lands owned by the United States is reasonably necessary for the right-of-way of any highway, or as a source of materials for the construction or maintenance of any such highway adjacent to such lands or interests in lands, the Secretary shall file with the Secretary of the Department supervising the administration of such lands or interests in lands a map showing the portion of such lands or interests in lands which it is desired to appropriate. (b) If within a period of four months after such filing, the Secretary of such Department shall not have certified to the Secretary that the proposed appropriation of such land or material is contrary to the public interest or inconsistent with the purposes for which such land or materials have been reserved, or shall have agreed to the appropriation and transfer under conditions which he deems necessary for the adequate protection and utilization of the reserve, then such land and materials may be appropriated and transferred to the State transportation department, or its nominee, for such purposes and subject to the conditions so specified. (c) If at any time the need for any such lands or materials for such purposes shall no longer exist, notice of the fact shall be given by the State transportation department to the Secretary and such lands or materials shall immediately revert to the control of the Secretary of the Department from which they had been appropriated. (d) The provisions of this section shall apply only to projects constructed on a Federal-aid highway or under the provisions of chapter 2 of this title. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 916 Pub. L. 105178, title I,  1212(a)(2)(A)(i) June 9, 1998 112 Stat. 193 Pub. L. 112141, div. A, title I,  1104(c)(6) July 6, 2012 126 Stat. 427  Editorial Notes Amendments 2012Subsec. (d). Pub. L. 112141 1998Subsecs. (b), (c). Pub. L. 105178 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  318. Highway relocation due to airport  Federal highway funds shall not be used for the reconstruction or relocation of any highway giving access to an airport constructed or extended after December 20, 1944 December 20, 1944 ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 916 Pub. L. 105178, title I,  1212(a)(2)(A)(i) June 9, 1998 112 Stat. 193  Editorial Notes Amendments 1998 Pub. L. 105178  319. Landscaping and scenic enhancement (a)  Landscape and Roadside Development The Secretary may approve as a part of the construction of Federal-aid highways the costs of landscape and roadside development, including acquisition and development of publicly owned and controlled rest and recreation areas and sanitary and other facilities reasonably necessary to accommodate the traveling public, and for acquisition of interests in and improvement of strips of land necessary for the restoration, preservation, and enhancement of scenic beauty (including the enhancement of habitat and forage for pollinators) adjacent to such highways. (b)  Planting of Wildflowers (1)  General rule The Secretary shall require the planting of native wildflower seeds or seedlings, or both, as part of any landscaping project under this section. At least 14 of 1 percent of the funds expended for such landscaping project shall be used for such plantings. (2)  Waiver The requirements of this subsection may be waived by the Secretary if a State certifies that native wildflowers or seedlings cannot be grown satisfactorily or planting areas are limited or otherwise used for agricultural purposes. (3)  Gifts Nothing in this subsection shall be construed to prohibit the acceptance of native wildflower seeds or seedlings donated by civic organizations or other organizations and individuals to be used in landscaping projects. (c)  Encouragement of Pollinator Habitat and Forage Development and Protection on Transportation Rights-of-way In carrying out any program administered by the Secretary under this title, the Secretary shall, in conjunction with willing States, as appropriate (1) encourage integrated vegetation management practices on roadsides and other transportation rights-of-way, including reduced mowing; and (2) encourage the development of habitat and forage for Monarch butterflies, other native pollinators, and honey bees through plantings of native forbs and grasses, including noninvasive, native milkweed species that can serve as migratory way stations for butterflies and facilitate migrations of other pollinators. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 916 Pub. L. 89285, title III,  301(a) Oct. 22, 1965 79 Stat. 1032 Pub. L. 89574,  8(b) Sept. 13, 1966 80 Stat. 768 Pub. L. 90495,  6(f) Aug. 23, 1968 82 Stat. 818 Pub. L. 94280, title I,  136(a) May 5, 1976 90 Stat. 442 Pub. L. 10017, title I,  130 Apr. 2, 1987 101 Stat. 169 Pub. L. 11494, div. A, title I,  1415(a) Dec. 4, 2015 129 Stat. 1421  Editorial Notes Amendments 2015Subsec. (a). Pub. L. 11494,  1415(a)(1) Subsec. (c). Pub. L. 11494,  1415(a)(2) 1987 Pub. L. 10017 1976 Pub. L. 94280 June 30, 1966 June 30, 1970 June 30, 1967 1968Subsec. (b). Pub. L. 90495 June 30, 1970 1966Subsec. (b). Pub. L. 89574 June 30, 1967 1965 Pub. L. 89285 June 30, 1966 June 30, 1967 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 1968 Amendment Amendment by Pub. L. 90495 August 23, 1968 section 37 of Pub. L. 90495 section 101 of this title Continuing Availability of Appropriated Funds for Appropriation, Obligation, and Expenditure Pub. L. 94280, title I,  136(b) May 5, 1976 90 Stat. 443 May 5, 1976 National Scenic Highway System Study and User Access Study for Parks and Recreation Areas Pub. L. 9387, title I,  134 Aug. 13, 1973 87 Stat. 268 July 1, 1974 Jan. 1, 1975 Acquisition of Dwellings Prohibition against the use of eminent domain to acquire any dwelling (including related buildings) under the terms of Pub. L. 89285 section 305 of Pub. L. 89285 section 131 of this title Taking of Private Property Without Just Compensation Prohibition against the taking of private property or the restriction of reasonable and existing use by such taking without just compensation under the terms of Pub. L. 89285 section 401 of Pub. L. 89285 section 131 of this title  320. Bridges on Federal dams (a) Each executive department, independent establishment, office, board, bureau, commission, authority, administration, corporation wholly owned or controlled by the United States, or other agency of the Government of the United States, hereinafter collectively and individually referred to as agency, which on or after July 29, 1946 (b) Construction of any bridge upon and across any dam pursuant to this section shall not be commenced unless and until the State in which such bridge is to be located, or the appropriate subdivision of such State, shall enter into an agreement with such agency and with the Secretary to construct, or cause to be constructed, with or without the aid of Federal funds, the approach roads necessary to connect such bridge with existing public highways and to maintain, or cause to be maintained, such approach roads from and after their completion. Such agreement may also provide for the design and construction of such bridge upon and across the dam by such agency of the United States and for reimbursing such agency the costs incurred by it in the design and construction of the bridge as provided in subsection (d) of this section. Any such agency is hereby authorized to convey to the State, or to the appropriate subdivision thereof, without costs, such easements and rights-of-way in its custody or over lands of the United States in its custody and control as may be necessary, convenient, or proper for the location, construction, and maintenance of the approach roads referred to in this section including such roadside parks or recreational areas of limited size as may be deemed necessary for the accommodation of the traveling public. Any bridge constructed pursuant to this section upon and across a dam in the custody and jurisdiction of any agency of the United States, including such portion thereof, if any, as may extend beyond the physical limits of the dam, shall constitute and remain a part of said dam and be maintained by the agency. Any such agency may enter into any such contracts and agreements with the State or its subdivisions respecting public use of any bridge so located and constructed as may be deemed appropriate, but no such bridge shall be closed to public use by the agency except in cases of emergency or when deemed necessary in the interest of national security. (c) All costs and expenses incurred and expenditures made by any agency in the exercise of the powers and authority conferred by this section (but not including any costs, expenses, or expenditures which would have been required in any event to satisfy a legal road or bridge relocation obligation or to meet operating or other agency needs) shall be recorded and kept separate and apart from the other costs, expenses, and expenditures of such agency, and no portion thereof shall be charged or allocated to flood control, navigation, irrigation, fertilizer production, the national defense, the development of power, or other program, purpose, or function of such agency. (d) Not to exceed $65,000,000 of any money heretofore or hereafter appropriated for expenditure in accordance with the provisions of this title or prior Acts shall be available for expenditure by the Secretary in accordance with the provisions of this section, as an emergency fund, to reimburse any agency for any additional costs or expenditures which it may be required to incur because of the design and construction of any such dam so that it will constitute and serve as a foundation for a public highway bridge upon and across such dam and to reimburse any such agency for any costs, expenses, or expenditures which it may be required to make in designing and constructing any such bridge upon and across a dam in accordance with the provisions of this section, except such costs, expenses, or expenditures as would have been required of such agency in any event to satisfy a legal obligation to relocate a highway or bridge or to meet operating or other agency needs, and there is authorized to be appropriated any sum or sums necessary to reimburse the funds so expended by the Secretary from time to time under the authority of this section. Of each bridge constructed upon and across a dam under the provisions of this section, there may be financed wholly with Federal funds that portion thereof which is located within the physical limits of the masonry structure, or structures, of the dam, and the Secretary shall in his sole discretion determine what additional portion of the bridge, if any, may be so financed, such determination to be final and conclusive. The remainder of the bridge, and any necessary related approach roads, shall be financed by the State or its appropriate subdivision with or without the aid of Federal funds; but said portion of the bridge so financed by the State or its subdivisions, including such portion thereof, if any, as may extend beyond the physical limits of the dam, shall nevertheless be designed and constructed solely by the agency having custody and jurisdiction of the dam as provided in subsection (a) of this section. (e) In making, reviewing, or approving the design of any bridge or approach structure to be constructed under this section, the agency shall, in matters relating to roadway design, loadings, clearances and widths, and traffic safeguards, give full consideration to and be guided by the standards and advice of the Secretary. (f) The authority conferred by this section shall be in addition to and not in limitation of authority conferred upon any agency by any other law, and nothing in this section contained shall affect or be deemed to relate to any bridge, approach structure, or highway constructed or to be constructed by any such agency in furtherance of its lawful purposes and requirements or to satisfy a legal obligation incurred independently of this section. ( Pub. L. 85767 Aug. 27, 1958 72 Stat. 917 Pub. L. 86342, title I,  108 Sept. 21, 1959 73 Stat. 613 Pub. L. 88423,  4(c) Aug. 13, 1964 78 Stat. 398 Pub. L. 91605, title I,  116(a) Dec. 31, 1970 84 Stat. 1724 Pub. L. 9387, title I,  128(a) Aug. 13, 1973 87 Stat. 265 Pub. L. 93643,  123(a) Jan. 4, 1975 88 Stat. 2290 Pub. L. 94280, title I,  137(a) May 5, 1976 90 Stat. 443 Pub. L. 95599, title I,  128(a) Nov. 6, 1978 92 Stat. 2707  Editorial Notes Amendments 1978Subsec. (d). Pub. L. 95599 1976Subsec. (d). Pub. L. 94280 1975Subsec. (d). Pub. L. 93643 1973Subsec. (d). Pub. L. 9387 1970Subsec. (d). Pub. L. 91605 1964Subsec. (b). Pub. L. 88423 1959Subsec. (d). Pub. L. 86342 Statutory Notes and Related Subsidiaries Appropriation Out of Highway Trust Fund of Sums Appropriated Under Authority of Increased Authorization Pub. L. 95599, title I,  128(b) Nov. 6, 1978 92 Stat. 2707 Sums appropriated or expended under authority of the increased authorization established by the amendment made by subsection (a) of this section [amending subsec. (d) of this section] shall be appropriated out of the Highway Trust Fund for the fiscal year ending September 30, 1978 Appropriation of Increased Authorization Pub. L. 94280, title I,  137(b) May 5, 1976 90 Stat. 443 Sums appropriated or expended under authority of the increased authorization established by the amendment made by subsection (a) of this section [to subsec. (d) of this section] shall be appropriated out of the Highway Trust Fund for the fiscal year ending September 30, 1977 Restriction on Increased Authorization of Appropriations Pub. L. 93643,  123(b) Jan. 4, 1975 88 Stat. 2290 All sums appropriated under authority of the increased authorization established by the amendment made by subsection (a) of this section shall be available for expenditure in the same manner and for the same purpose as provided for in subsection (b) of section 116 of the Federal-Aid Highway Act of 1970 ( Public Law 91605 Pub. L. 9387, title I,  128(b) Aug. 13, 1973 87 Stat. 265 All sums appropriated under authority of the increased authorization of $8,500,000 established by the amendment made by subsection (a) of this section [to subsec. (d) of this section] shall be available for expenditure only in connection with the construction of a bridge across lock and dam numbered 13 on the Arkansas River near Fort Smith, Arkansas, in the amount of $2,100,000 and in connection with reconstruction of a bridge across the Chickamauga Dam on the Tennessee River near Chattanooga, Tennessee, in the amount of $6,400,000. No such sums shall be appropriated until all applicable requirements of section 320 of title 23 Pub. L. 91605, title I,  116(b) Dec. 31, 1970 84 Stat. 1724 All sums appropriated under authority of the increased authorization of $3,761,000 established by the amendment made by subsection (a) of this section [amending subsec. (d) of this section] shall be available for expenditure only in connection with the construction of a bridge across Markland Dam on the Ohio River near Markland, Indiana, and Warsaw, Kentucky. No such sums shall be appropriated until all applicable requirements of section 320 of title 23  321. Signs identifying funding sources  If a State has a practice of erecting on projects under actual construction without Federal-aid highway assistance signs which indicate the source or sources of any funds used to carry out such projects, such State shall erect on all projects under actual construction with any funds made available out of the Highway Trust Fund (other than the Mass Transit Account) signs which are visible to highway users and which indicate each governmental source of funds being used to carry out such federally assisted projects and the amount of funds being made available by each such source. (Added Pub. L. 10959, title I,  1901(a) Aug. 10, 2005 119 Stat. 1464  Editorial Notes Codification Section, as added by Pub. L. 10959 Pub. L. 10017, title I,  154 Apr. 2, 1987 101 Stat. 209 section 101 of this title Pub. L. 10959, title I,  1901(c) Aug. 10, 2005 119 Stat. 1464 Prior Provisions A prior section 321, added Pub. L. 91605, title I,  115(a) Dec. 31, 1970 84 Stat. 1723 Pub. L. 96106,  11 Nov. 9, 1979 93 Stat. 798 Pub. L. 10017, title I,  131 Apr. 2, 1987 101 Stat. 170 Pub. L. 102240, title VI,  6002 Dec. 18, 1991 105 Stat. 2166 Pub. L. 105130,  5(e)(3) Dec. 1, 1997 111 Stat. 2557 Pub. L. 105178, title V,  5119(b) June 9, 1998 112 Stat. 452  322. Magnetic levitation transportation technology deployment program (a)  Definitions In this section, the following definitions apply: (1)  Eligible project costs The term eligible project costs (A) means the capital cost of the fixed guideway infrastructure of a MAGLEV project, including land, piers, guideways, propulsion equipment and other components attached to guideways, power distribution facilities (including substations), control and communications facilities, access roads, and storage, repair, and maintenance facilities, but not including costs incurred for a new station; and (B) includes the costs of preconstruction planning activities. (2)  Full project costs The term full project costs means the total capital costs of a MAGLEV project, including eligible project costs and the costs of stations, vehicles, and equipment. (3) MAGLEV. The term MAGLEV means transportation systems employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour. (4)  Partnership potential The term partnership potential has the meaning given the term in the commercial feasibility study of high-speed ground transportation conducted under section 1036 of the Intermodal Surface Transportation Efficiency Act of 1991 ( 105 Stat. 1978 (b)  Financial Assistance. (1)  In general The Secretary shall make available financial assistance to pay the Federal share of full project costs of eligible projects selected under this section. Financial assistance made available under this section and projects assisted with the assistance shall be subject to section 5333(a) of title 49 (2)  Federal share The Federal share of full project costs under paragraph (1) shall be not more than 23. (3)  Use of assistance Financial assistance provided under paragraph (1) shall be used only to pay eligible project costs of projects selected under this section. (c)  Solicitation of Applications for Assistance Not later than 180 days after the date of enactment of this subsection, the Secretary shall solicit applications from States, or authorities designated by 1 or more States, for financial assistance authorized by subsection (b) for planning, design, and construction of eligible MAGLEV projects. (d)  Project Eligibility To be eligible to receive financial assistance under subsection (b), a project shall (1) involve a segment or segments of a high-speed ground transportation corridor that exhibit partnership potential; (2) require an amount of Federal funds for project financing that will not exceed the sum of (A) the amounts made available under subsection (h)(1); and (B) the amounts made available by States under subsection (h)(3); (3) result in an operating transportation facility that provides a revenue producing service; (4) be undertaken through a public and private partnership, with at least 13 of full project costs paid using non-Federal funds; (5) satisfy applicable statewide and metropolitan planning requirements; (6) be approved by the Secretary based on an application submitted to the Secretary by a State or authority designated by 1 or more States; (7) to the extent that non-United States MAGLEV technology is used within the United States, be carried out as a technology transfer project; and (8) be carried out using materials at least 70 percent of which are manufactured in the United States. (e)  Project Selection Criteria Prior to soliciting applications, the Secretary shall establish criteria for selecting which eligible projects under subsection (d) will receive financial assistance under subsection (b). The criteria shall include the extent to which (1) a project is nationally significant, including the extent to which the project will demonstrate the feasibility of deployment of MAGLEV technology throughout the United States; (2) timely implementation of the project will reduce congestion in other modes of transportation and reduce the need for additional highway or airport construction; (3) States, regions, and localities financially contribute to the project; (4) implementation of the project will create new jobs in traditional and emerging industries; (5) the project will augment MAGLEV networks identified as having partnership potential; (6) financial assistance would foster public and private partnerships for infrastructure development and attract private debt or equity investment; (7) financial assistance would foster the timely implementation of a project; and (8) life-cycle costs in design and engineering are considered and enhanced. (f)  Project Selection. (1)  Preconstruction planning activities Not later than 90 days after a deadline established by the Secretary for the receipt of applications, the Secretary shall evaluate the eligible projects in accordance with the selection criteria and select 1 or more eligible projects to receive financial assistance for preconstruction planning activities, including (A) preparation of such feasibility studies, major investment studies, and environmental impact statements and assessments as are required under State law; (B) pricing of the final design, engineering, and construction activities proposed to be assisted under paragraph (2); and (C) such other activities as are necessary to provide the Secretary with sufficient information to evaluate whether a project should receive financial assistance for final design, engineering, and construction activities under paragraph (2). (2)  Final design, engineering, and construction activities After completion of preconstruction planning activities for all projects assisted under paragraph (1), the Secretary shall select 1 of the projects to receive financial assistance for final design, engineering, and construction activities. (g)  Joint Ventures A project undertaken by a joint venture of United States and non-United States persons (including a project involving the deployment of non-United States MAGLEV technology in the United States) shall be eligible for financial assistance under this section if the project is eligible under subsection (d) and selected under subsection (f). (h)  Funding. (1)  In general. (A)  Contract authority; authorization of appropriations. (i)  In general There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $15,000,000 for fiscal year 1999, $20,000,000 for fiscal year 2000, and $25,000,000 for fiscal year 2001. (ii)  Contract authority Funds authorized by this subparagraph shall be available for obligation in the same manner as if the funds were apportioned under chapter 1, except that (I) the Federal share of the cost of a project carried out under this section shall be determined in accordance with subsection (b); and (II) the availability of the funds shall be determined in accordance with paragraph (2). (B)  Noncontract authority authorization of appropriations. (i)  In general There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section (other than subsection (i)) $200,000,000 for each of fiscal years 2000 and 2001, $250,000,000 for fiscal year 2002, and $300,000,000 for fiscal year 2003. (ii)  Availability Notwithstanding section 118(a), funds made available under clause (i) shall not be available in advance of an annual appropriation. (2)  Availability of funds Funds made available under paragraph (1) shall remain available until expended. (3)  Other federal funds Notwithstanding any other provision of law, funds made available to a State to carry out the surface transportation block grant program under section 133 and the congestion mitigation and air quality improvement program under section 149 may be used by the State to pay a portion of the full project costs of an eligible project selected under this section, without requirement for non-Federal funds. (4)  Other assistance Notwithstanding any other provision of law, an eligible project selected under this section shall be eligible for other forms of financial assistance provided under this title and the Transportation Equity Act for the 21st Century, including loans, loan guarantees, and lines of credit. (i)  Low-Speed Project. (1)  In general Notwithstanding any other provision of this section, of the funds made available by subsection (h)(1)(A) to carry out this section, $5,000,000 shall be made available to the Secretary to make grants for the research and development of low-speed superconductivity magnetic levitation technology for public transportation purposes in urban areas to demonstrate energy efficiency, congestion mitigation, and safety benefits. (2)  Noncontract authority authorization of appropriations. (A)  In general There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection such sums as are necessary for each of fiscal years 2000 through 2003. (B)  Availability Notwithstanding section 118(a), funds made available under subparagraph (A) (i) shall not be available in advance of an annual appropriation; and (ii) shall remain available until expended. (Added and amended Pub. L. 105178, title I,  1218(a) June 9, 1998 112 Stat. 216 Pub. L. 105206, title IX,  9003(i) July 22, 1998 112 Stat. 841 Pub. L. 11494, div. A, title I,  1109(c)(3) Dec. 4, 2015 129 Stat. 1343  Editorial Notes  References in Text Section 1036 of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (a)(4), is section 1036 of Pub. L. 102240 Dec. 18, 1991 105 Stat. 1978 section 309 of Title 49 section 831 of Title 45 section 302 of Title 49 section 831 of Title 45 section 309 of Title 49 The date of enactment of this subsection, referred to in subsec. (c), is the date of enactment of Pub. L. 105178 June 9, 1998 The Transportation Equity Act for the 21st Century, referred to in subsec. (h)(4), is Pub. L. 105178 June 9, 1998 112 Stat. 107 section 1(a) of Pub. L. 105178 section 101 of this title Prior Provisions A prior section 322, added Pub. L. 91605, title II,  205(a) Dec. 31, 1970 84 Stat. 1742 Pub. L. 93643,  117 Jan. 4, 1975 88 Stat. 2288 Pub. L. 97449,  5(d)(3) Jan. 12, 1983 96 Stat. 2442 July 1, 1972 Pub. L. 10017, title I,  133(e)(1) Apr. 2, 1987 101 Stat. 173 Amendments 2015Subsec. (h)(3). Pub. L. 11494 1998Subsec. (a)(3). Pub. L. 105178,  1218(c)(1) Pub. L. 105206,  9003(i) Subsec. (d)(1). Pub. L. 105178,  1218(c)(2)(A) Pub. L. 105206,  9003(i) Subsec. (d)(2)(A). Pub. L. 105178,  1218(c)(2)(B)(i) Pub. L. 105206,  9003(i) Subsec. (d)(2)(B). Pub. L. 105178,  1218(c)(2)(B)(ii) Pub. L. 105206,  9003(i) Subsec. (h)(1)(B)(i). Pub. L. 105178,  1218(c)(3) Pub. L. 105206,  9003(i) Subsec. (i). Pub. L. 105178,  1218(c)(4) Pub. L. 105206,  9003(i) Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 1998 Amendment Title IX of Pub. L. 105206 Pub. L. 105178 Pub. L. 105178 Pub. L. 105178 July 22, 1998 Pub. L. 105206 section 9016 of Pub. L. 105206 section 101 of this title Deployment of Magnetic Levitation Transportation Projects Pub. L. 11494, div. A, title XI,  11315(c) Dec. 4, 2015 129 Stat. 1675 Pub. L. 11758, div. B, title I,  21301(j)(2) Nov. 15, 2021 135 Stat. 691 A project described in 1307(a)(3) of SAFETEALU ( Public Law 10959 Pub. L. 10959, title I,  1307 Aug. 10, 2005 119 Stat. 1217 Pub. L. 110244, title I,  102(b) June 6, 2008 122 Stat. 1577  (a)  Definitions In this section, the following definitions apply: (1)  Eligible project costs The term eligible project costs (A) means the capital cost of the fixed guideway infrastructure of a MAGLEV project, including land, piers, guideways, propulsion equipment and other components attached to guideways, power distribution facilities (including substations), control and communications facilities, access roads, and storage, repair, and maintenance facilities, but not including costs incurred for a new station; and (B) includes the costs of preconstruction planning activities. (2)  Full project costs The term full project costs means the total capital costs of a MAGLEV project, including eligible project costs and the costs of stations, vehicles, and equipment. (3) MAGLEV. The term MAGLEV means transportation systems employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour. (4)  State The term State has the meaning such term has under section 101(a) of title 23 (b)  In General. (1)  Assistance for eligible projects The Secretary [of Transportation] shall make available financial assistance to pay the Federal share of full project costs of eligible projects authorized by this section. (2)  Use of assistance Financial assistance provided under paragraph (1) shall be used only to pay eligible project costs of projects authorized by this section. (3)  Applicability of other laws Financial assistance made available under this section, and projects assisted with such assistance, shall be subject to section 5333(a) of title 49 (c)  Project Eligibility To be eligible to receive financial assistance under subsection (b), a project shall (1) involve a segment or segments of a high-speed ground transportation corridor; (2) result in an operating transportation facility that provides a revenue producing service; and (3) be approved by the Secretary [of Transportation] based on an application submitted to the Secretary by a State or authority designated by one or more States. (d)  Allocation Of the amounts made available to carry out this section for a fiscal year, the Secretary [of Transportation] shall allocate (1) 50 percent to the Nevada department of transportation who shall cooperate with the California-Nevada Super Speed Train Commission for the MAGLEV project between Las Vegas and Primm, Nevada, as a segment of the high-speed MAGLEV system between Las Vegas, Nevada, and Anaheim, California; and (2) 50 percent for existing MAGLEV projects located east of the Mississippi River using such criteria as the Secretary deems appropriate. (e)  Contract Authority Funds authorized under section 1101(a)(18) [ 119 Stat. 1155 [ Pub. L. 110244, title I,  102(d) June 6, 2008 122 Stat. 1578 The amendments made by this section [amending section 1307 of Pub. L. 10959 October 1, 2007 Advanced Technology Pilot Project Pub. L. 105178, title III,  3015(c) June 9, 1998 112 Stat. 361 Pub. L. 105206, title IX,  9009(k)(1) July 22, 1998 112 Stat. 857 Pub. L. 10888,  8(q) Sept. 30, 2003 117 Stat. 1125 Pub. L. 108202,  9(q) Feb. 29, 2004 118 Stat. 489 Pub. L. 108224,  7(q) Apr. 30, 2004 118 Stat. 637 Pub. L. 108263,  7(q) June 30, 2004 118 Stat. 708 Pub. L. 108280,  7(q) July 30, 2004 118 Stat. 885 Pub. L. 108310,  8(q) Sept. 30, 2004 118 Stat. 1158 Pub. L. 10914,  7(p) May 31, 2005 119 Stat. 334 Pub. L. 10920,  7(p) July 1, 2005 119 Stat. 356 Pub. L. 10935,  7(p) July 20, 2005 119 Stat. 389 Pub. L. 10937,  7(p) July 22, 2005 119 Stat. 404 Pub. L. 10940,  7(p) July 28, 2005 119 Stat. 420  (1)  In general The Secretary shall make grants for the development of low speed magnetic levitation technology for public transportation purposes in urban areas to demonstrate energy efficiency, congestion mitigation, and safety benefits. (2)  Funding Of the amounts made available under section 5001(a)(2) of this Act [ 112 Stat. 419 October 1, 2004 July 30, 2005 section 5333(a) of title 49 (3)  Federal share The Federal share payable on account of activities carried out using a grant made under this subsection shall be 80 percent of the cost of such activities. [ Pub. L. 10935,  7(p)(1) Pub. L. 105178,  3015(c)(2) July 21, 2005 July 19, 2005 July 19, 2005 [ Pub. L. 10920,  7(p)(1) Pub. L. 105178,  3015(c)(2) July 19, 2005 June 30, 2005 June 30, 2005 [ Pub. L. 108280,  7(q) Pub. L. 105178,  3015(c)(2) October 1, 2003 July 31, 2004 October 1, 2003 July 31, 2004 [ Pub. L. 108224,  7(q)(1) Pub. L. 105178,  3015(c)(2) June 30, 2004 April 30, 2004 April 30, 2004  323. Donations and credits (a)  Donations of Property Being Acquired Nothing in this title, or in any other provision of law, shall be construed to prevent a person whose real property is being acquired in connection with a project under this title, after he has been fully informed of his right to receive just compensation for the acquisition of his property, from making a gift or donation of such property, or any part thereof, or of any of the compensation paid therefor, to a Federal agency, a State or a State agency, or a political subdivision of a State, as said person shall determine. (b)  Credit for Acquired Lands. (1)  In general Notwithstanding any other provision of this title, the State share of the cost of a project with respect to which Federal assistance is provided from the Highway Trust Fund (other than the Mass Transit Account) may be credited in an amount equal to the fair market value of any land that (A) is lawfully obtained by the State or a unit of local government in the State; (B) is incorporated into the project; (C) is not land described in section 138; and (D) the Secretary determines will not influence the environmental assessment of the project, including (i) the decision as to the need to construct the project; (ii) the consideration of alternatives; and (iii) the selection of a specific location. (2)  Establishment of fair market value The fair market value of land incorporated into a project and credited under paragraph (1) shall be established in the manner determined by the Secretary, except that (A) the fair market value shall not include any increase or decrease in the value of donated property caused by the project; and (B) the fair market value of donated land shall be established as of the earlier of (i) the date on which the donation becomes effective; or (ii) the date on which equitable title to the land vests in the State. (3)  Limitation on applicability This subsection shall not apply to donations made by an agency of the Federal Government. (4)  Limitation on amount of credit The credit received by a State pursuant to this subsection may not exceed the States matching share for the project. (c)  Credit for Donations of Funds, Materials, or Services Nothing in this title or any other law shall prevent a person from offering to donate funds, materials, or services, or a local government from offering to donate funds, materials, or services performed by local government employees, in connection with a project eligible for assistance under this title. In the case of such a project with respect to which the Federal Government and the State share in paying the cost, any donated funds, or the fair market value of any donated materials or services, that are accepted and incorporated into the project by the State transportation department shall be credited against the State share. (d)  Procedures A gift or donation in accordance with subsection (a) may be made at any time during the development of a project. Any document executed as part of such donation prior to the approval of an environmental document prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (1) all alternatives to a proposed alignment will be studied and considered pursuant to such Act; (2) acquisition of property under this section shall not influence the environmental assessment of a project including the decision relative to the need to construct the project or the selection of a specific location; and (3) any property acquired by gift or donation shall be revested in the grantor or successors in interest if such property is not required for the alignment chosen after public hearings, if required, and completion of the environmental document. (Added Pub. L. 9387, title I,  145(a) Aug. 13, 1973 87 Stat. 273 Pub. L. 93643,  112 Jan. 4, 1975 88 Stat. 2285 Pub. L. 10017, title I,  146(a) Apr. 2, 1987 101 Stat. 179 Pub. L. 10459, title III,  322 Nov. 28, 1995 109 Stat. 591 Pub. L. 105178, title I June 9, 1998 112 Stat. 193 Pub. L. 10959, title I,  1902 Aug. 10, 2005 119 Stat. 1464 Pub. L. 11758, div. A, title I,  11525(q) Nov. 15, 2021 135 Stat. 608  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (d), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Amendments 2021Subsec. (d). Pub. L. 11758 42 U.S.C. 4321 2005Subsec. (c). Pub. L. 10959,  1902(1) Subsec. (e). Pub. L. 10959,  1902(2) 1998 Pub. L. 105178,  1301(d)(1) Subsec. (b). Pub. L. 105178,  1301(b)(1) Subsec. (b)(1), (2). Pub. L. 105178,  1301(b)(2) (1) General rule (2) Establishment of fair market value Subsec. (b)(3). Pub. L. 105178,  1301(b)(3) Subsec. (b)(4). Pub. L. 105178,  1301(b)(4) Subsec. (c). Pub. L. 105178,  1212(a)(2)(A)(i) Subsec. (e). Pub. L. 105178,  1301(c) 1995Subsecs. (c), (d). Pub. L. 10459 1987 Pub. L. 10017 1975 Pub. L. 93643 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title  324. Prohibition of discrimination on the basis of sex  No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this title or carried on under this title. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964. However, this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee. (Added Pub. L. 9387, title I,  162(a) Aug. 13, 1973 87 Stat. 280  Editorial Notes  References in Text The Civil Rights Act of 1964, referred to in text, is Pub. L. 88352 July 2, 1964 78 Stat. 241 section 2000d of Title 42 [ 325. Repealed. Pub. L. 11758, div. A, title I,  11525(r) Nov. 15, 2021 135 Stat. 608   Section, added Pub. L. 10959, title VI,  6003(a) Aug. 10, 2005 119 Stat. 1865  A prior section 325, added Pub. L. 102240, title VI,  6003[(a)] Dec. 18, 1991 105 Stat. 2168 Pub. L. 105178, title V,  5119(b) June 9, 1998 112 Stat. 452 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title  326. State assumption of responsibility for categorical exclusions (a)  Categorical Exclusion Determinations. (1)  In general The Secretary may assign, and a State may assume, responsibility for determining whether certain designated activities are included within classes of action identified in regulation by the Secretary that are categorically excluded from requirements for environmental assessments or environmental impact statements pursuant to regulations promulgated by the Council on Environmental Quality under part 1500 of title 40, Code of Federal Regulations (as in effect on October 1, 2003 (2)  Scope of authority A determination described in paragraph (1) shall be made by a State in accordance with criteria established by the Secretary and only for types of activities specifically designated by the Secretary. (3)  Criteria The criteria under paragraph (2) shall include provisions for public availability of information consistent with section 552 of title 5 42 U.S.C. 4321 (4)  Preservation of flexibility The Secretary shall not require a State, as a condition of assuming responsibility under this section, to forego project delivery methods that are otherwise permissible for highway projects. (b)  Other Applicable Federal Laws. (1)  In general If a State assumes responsibility under subsection (a), the Secretary may also assign and the State may assume all or part of the responsibilities of the Secretary for environmental review, consultation, or other related actions required under any Federal law applicable to activities that are classified by the Secretary as categorical exclusions, with the exception of government-to-government consultation with Indian tribes, subject to the same procedural and substantive requirements as would be required if that responsibility were carried out by the Secretary. (2)  Sole responsibility A State that assumes responsibility under paragraph (1) with respect to a Federal law shall be solely responsible and solely liable for complying with and carrying out that law, and the Secretary shall have no such responsibility or liability. (c)  Memoranda of Understanding. (1)  In general The Secretary and the State, after providing public notice and opportunity for comment, shall enter into a memorandum of understanding setting forth the responsibilities to be assigned under this section and the terms and conditions under which the assignments are made, including establishment of the circumstances under which the Secretary would reassume responsibility for categorical exclusion determinations. (2)  Assistance to states On request of a Governor of a State, the Secretary shall provide to the State technical assistance, training, or other support relating to (A) assuming responsibility under subsection (a); (B) developing a memorandum of understanding under this subsection; or (C) addressing a responsibility in need of corrective action under subsection (d)(1)(B). (3)  Term A memorandum of understanding (A) except as provided under subparagraph (C), shall have a term of not more than 3 years; (B) shall be renewable; and (C) shall have a term of 5 years, in the case of a State that has assumed the responsibility for categorical exclusions under this section for not fewer than 10 years. (4)  Acceptance of jurisdiction In a memorandum of understanding, the State shall consent to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the Secretary that the State assumes. (5)  Monitoring The Secretary shall (A) monitor compliance by the State with the memorandum of understanding and the provision by the State of financial resources to carry out the memorandum of understanding; and (B) take into account the performance by the State when considering renewal of the memorandum of understanding. (d)  Termination (1)  Termination by secretary The Secretary may terminate the participation of any State in the program if (A) the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the State; (B) the Secretary provides to the State (i) a notification of the determination of noncompliance; (ii) a period of not less than 120 days to take such corrective action as the Secretary determines to be necessary to comply with the applicable agreement; and (iii) on request of the Governor of the State, a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph (A); and (C) the State, after the notification and period described in clauses (i) and (ii) of subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary. (2)  Termination by the state The State may terminate the participation of the State in the program at any time by providing to the Secretary a notice not later than the date that is 90 days before the date of termination, and subject to such terms and conditions as the Secretary may provide. (e)  State Agency Deemed to Be Federal Agency A State agency that is assigned a responsibility under a memorandum of understanding shall be deemed to be a Federal agency for the purposes of the Federal law under which the responsibility is exercised. (f)  Legal Fees A State assuming the responsibilities of the Secretary under this section for a specific project may use funds apportioned to the State under section 104(b)(2) for attorneys fees directly attributable to eligible activities associated with the project. (Added Pub. L. 10959, title VI,  6004(a) Aug. 10, 2005 119 Stat. 1867 Pub. L. 112141, div. A, title I,  1312 July 6, 2012 126 Stat. 545 Pub. L. 11494, div. A, title I,  1307 Dec. 4, 2015 129 Stat. 1390 Pub. L. 11758, div. A, title I,  11314 Nov. 15, 2021 135 Stat. 540  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (a)(3), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Prior Provisions A prior section 326, added Pub. L. 102240, title VI,  6004(a) Dec. 18, 1991 105 Stat. 2169 Pub. L. 105130,  5(e)(4) Dec. 1, 1997 111 Stat. 2558 Pub. L. 105178, title V,  5119(b) June 9, 1998 112 Stat. 452 Amendments 2021Subsec. (c)(3)(A). Pub. L. 11758,  11314(1) Subsec. (c)(3)(C). Pub. L. 11758,  11314(2) 2015Subsec. (c)(2) to (5). Pub. L. 11494,  1307(1) Subsec. (d)(1). Pub. L. 11494,  1307(2) 2012Subsec. (a)(4). Pub. L. 112141,  1312(1) Subsec. (d). Pub. L. 112141,  1312(2) Subsec. (f). Pub. L. 112141,  1312(3) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  327. Surface transportation project delivery program (a)  Establishment. (1)  In general The Secretary shall carry out a surface transportation project delivery program (referred to in this section as the program). (2)  Assumption of responsibility. (A)  In general Subject to the other provisions of this section, with the written agreement of the Secretary and a State, which may be in the form of a memorandum of understanding, the Secretary may assign, and the State may assume, the responsibilities of the Secretary with respect to one or more highway projects within the State under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (B)  Additional responsibility If a State assumes responsibility under subparagraph (A) (i) the Secretary may assign to the State, and the State may assume, all or part of the responsibilities of the Secretary for environmental review, consultation, or other action required under any Federal environmental law pertaining to the review or approval of a specific project; (ii) at the request of the State, the Secretary may also assign to the State, and the State may assume, the responsibilities of the Secretary with respect to 1 or more railroad, public transportation, or multimodal projects within the State under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (iii) in a State that has assumed the responsibilities of the Secretary under clause (ii), a recipient of assistance under chapter 53 of title 49 may request that the Secretary maintain the responsibilities of the Secretary with respect to 1 or more public transportation projects within the State under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (iv) the Secretary may not assign (I) any responsibility imposed on the Secretary by section 134 or 135 or section 5303 or 5304 of title 49; or (II) responsibility for any conformity determination required under section 176 of the Clean Air Act ( 42 U.S.C. 7506 (C)  Procedural and substantive requirements A State shall assume responsibility under this section subject to the same procedural and substantive requirements as would apply if that responsibility were carried out by the Secretary. (D)  Federal responsibility Any responsibility of the Secretary not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the Secretary. (E)  No effect on authority Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the Department of Transportation, under applicable law (including regulations) with respect to a project. (F)  Preservation of flexibility The Secretary may not require a State, as a condition of participation in the program, to forego project delivery methods that are otherwise permissible for projects. (G)  Legal fees A State assuming the responsibilities of the Secretary under this section for a specific project may use funds apportioned to the State under section 104(b)(2) for attorneys fees directly attributable to eligible activities associated with the project, including the payment of fees awarded under section 2412 of title 28 (b)  State Participation. (1)  Participating states All States are eligible to participate in the program. (2)  Application Not later than 270 days after the date on which amendments to this section by the MAP-21 take effect, the Secretary shall amend, as appropriate, regulations that establish requirements relating to information required to be contained in any application of a State to participate in the program, including, at a minimum (A) the projects or classes of projects for which the State anticipates exercising the authority that may be granted under the program; (B) verification of the financial resources necessary to carry out the authority that may be granted under the program; and (C) evidence of the notice and solicitation of public comment by the State relating to participation of the State in the program, including copies of comments received from that solicitation. (3)  Public notice. (A)  In general Each State that submits an application under this subsection shall give notice of the intent of the State to participate in the program not later than 30 days before the date of submission of the application. (B)  Method of notice and solicitation The State shall provide notice and solicit public comment under this paragraph by publishing the complete application of the State in accordance with the appropriate public notice law of the State. (4)  Selection criteria The Secretary may approve the application of a State under this section only if (A) the regulatory requirements under paragraph (2) have been met; (B) the Secretary determines that the State has the capability, including financial and personnel, to assume the responsibility; and (C) the head of the State agency having primary jurisdiction over highway matters enters into a written agreement with the Secretary described in subsection (c). (5)  Other federal agency views If a State applies to assume a responsibility of the Secretary that would have required the Secretary to consult with another Federal agency, the Secretary shall solicit the views of the Federal agency before approving the application. (c)  Written Agreement A written agreement under this section shall (1) be executed by the Governor or the top-ranking transportation official in the State who is charged with responsibility for highway construction; (2) be in such form as the Secretary may prescribe; (3) provide that the State (A) agrees to assume all or part of the responsibilities of the Secretary described in subsection (a); (B) expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the Secretary assumed by the State; (C) certifies that State laws (including regulations) are in effect that (i) authorize the State to take the actions necessary to carry out the responsibilities being assumed; and (ii) are comparable to section 552 of title 5 (D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed; (4) require the State to provide to the Secretary any information the Secretary reasonably considers necessary to ensure that the State is adequately carrying out the responsibilities assigned to the State; (5) except as provided under paragraph (7), have a term of not more than 5 years; (6) be renewable; and (7) for any State that has participated in a program under this section (or under a predecessor program) for at least 10 years, have a term of 10 years. (d)  Jurisdiction. (1)  In general The United States district courts shall have exclusive jurisdiction over any civil action against a State for failure to carry out any responsibility of the State under this section. (2)  Legal standards and requirements A civil action under paragraph (1) shall be governed by the legal standards and requirements that would apply in such a civil action against the Secretary had the Secretary taken the actions in question. (3)  Intervention The Secretary shall have the right to intervene in any action described in paragraph (1). (e)  Effect of Assumption of Responsibility A State that assumes responsibility under subsection (a)(2) shall be solely responsible and solely liable for carrying out, in lieu of and without further approval of the Secretary, the responsibilities assumed under subsection (a)(2), until the program is terminated as provided in subsection (j). (f)  Limitations on Agreements Nothing in this section permits a State to assume any rulemaking authority of the Secretary under any Federal law. (g)  Audits. (1)  In general To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)(2)), for each State participating in the program under this section, the Secretary shall (A) not later than 180 days after the date of execution of the agreement, meet with the State to review implementation of the agreement and discuss plans for the first annual audit; (B) conduct annual audits during each of the first 4 years of State participation; (C) in the case of an agreement period of greater than 5 years pursuant to subsection (c)(7), conduct an audit covering the first 5 years of the agreement period; and (D) ensure that the time period for completing an audit, from initiation to completion (including public comment and responses to those comments), does not exceed 180 days. (2)  Public availability and comment. (A)  In general An audit conducted under paragraph (1) shall be provided to the public for comment. (B)  Response Not later than 60 days after the date on which the period for public comment ends, the Secretary shall respond to public comments received under subparagraph (A). (3)  Audit team. (A)  In general An audit conducted under paragraph (1) shall be carried out by an audit team determined by the Secretary, in consultation with the State, in accordance with subparagraph (B). (B)  Consultation Consultation with the State under subparagraph (A) shall include a reasonable opportunity for the State to review and provide comments on the proposed members of the audit team. (h)  Monitoring After the fourth year of the participation of a State in the program, the Secretary shall monitor compliance by the State with the written agreement, including the provision by the State of financial resources to carry out the written agreement. (i)  Report to Congress The Secretary shall submit to Congress an annual report that describes the administration of the program. (j)  Termination. (1)  Termination by secretary The Secretary may terminate the participation of any State in the program if (A) the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the State; (B) the Secretary provides to the State (i) a notification of the determination of noncompliance; (ii) a period of not less than 120 days to take such corrective action as the Secretary determines to be necessary to comply with the applicable agreement; and (iii) on request of the Governor of the State, a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph (A); and (C) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary. (2)  Termination by the state The State may terminate the participation of the State in the program at any time by providing to the Secretary a notice by not later than the date that is 90 days before the date of termination, and subject to such terms and conditions as the Secretary may provide. (k)  Capacity Building The Secretary, in cooperation with representatives of State officials, may carry out education, training, peer-exchange, and other initiatives as appropriate (1) to assist States in developing the capacity to participate in the assignment program under this section; and (2) to promote information sharing and collaboration among States that are participating in the assignment program under this section. (l)  Relationship to Locally Administered Projects A State granted authority under this section may, as appropriate and at the request of a local government (1) exercise such authority on behalf of the local government for a locally administered project; or (2) provide guidance and training on consolidating and minimizing the documentation and environmental analyses necessary for sponsors of a locally administered project to comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (m)  Agency Deemed to Be Federal Agency A State agency that is assigned a responsibility under an agreement under this section shall be deemed to be an agency for the purposes of section 2412 of title 28 (Added Pub. L. 10959, title VI,  6005(a) Aug. 10, 2005 119 Stat. 1868 Pub. L. 111322, title II,  2203(c) Dec. 22, 2010 124 Stat. 3526 Pub. L. 112140, title I,  101(e)(1) June 29, 2012 126 Stat. 392 Pub. L. 112141, div. A, title I,  1313(a) July 6, 2012 126 Stat. 545547 Pub. L. 11494, div. A, title I Dec. 4, 2015 129 Stat. 1390 Pub. L. 11758, div. A, title I,  11313 Nov. 15, 2021 135 Stat. 539  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsecs. (a)(2)(A), (B)(ii), (iii) and ( l Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The date on which amendments to this section by the MAP-21 take effect, referred to in subsec. (b)(2), is Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Amendments 2021Subsec. (a)(2)(G). Pub. L. 11758,  11313(1) section 2412 of title 28 Subsec. (c)(5). Pub. L. 11758,  11313(2)(A) Subsec. (c)(7). Pub. L. 11758,  11313(2)(B) Subsec. (g)(1)(B). Pub. L. 11758,  11313(3)(A) Subsec. (g)(1)(C). Pub. L. 11758,  11313(3)(D) Pub. L. 11758,  11313(3)(B) Subsec. (g)(1)(D). Pub. L. 11758,  11313(3)(C) Subsec. (m). Pub. L. 11758,  11313(4) 2015 Pub. L. 11494,  1446(d)(3) Pub. L. 112141,  1313(a)(1) Subsec. (a)(2)(B)(iii). Pub. L. 11494,  1308(1) 42 U.S.C. 4321 42 U.S.C. 13 Subsec. (c)(4). Pub. L. 11494,  1308(2) Subsec. (e). Pub. L. 11494,  1308(3) Subsec. (g)(1). Pub. L. 11494,  1308(4)(A) (A) semiannual audits during each of the first 2 years of State participation; and (B) annual audits during each of the third and fourth years of State participation. Subsec. (g)(3). Pub. L. 11494,  1308(4)(B) Subsec. (j)(1). Pub. L. 11494,  1308(5) (A) the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the State; (B) the Secretary provides to the State (i) notification of the determination of noncompliance; and (ii) a period of at least 30 days during which to take such corrective action as the Secretary determines is necessary to comply with the applicable agreement; and (C) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary. Subsecs. (k), ( l Pub. L. 11494,  1308(6) l 2012 Pub. L. 112141,  1313(a)(1) Pub. L. 11494,  1446(d)(3) Subsec. (a)(1). Pub. L. 112141,  1313(a)(2) Subsec. (a)(2)(B)(ii) to (iv). Pub. L. 112141,  1313(b)(1) (I) responsibility for any conformity determination required under section 176 of the Clean Air Act ( 42 U.S.C. 7506 (II) any responsibility imposed on the Secretary by section 134 or 135. Subsec. (a)(2)(F), (G). Pub. L. 112141,  1313(b)(2) Subsec. (b)(1). Pub. L. 112141,  1313(c)(1) Subsec. (b)(2). Pub. L. 112141,  1313(c)(2) Subsec. (c)(4) to (6). Pub. L. 112141,  1313(d) Subsec. (e). Pub. L. 112141,  1313(e) Subsec. (g)(1)(B). Pub. L. 112141,  1313(f) Subsec. (h). Pub. L. 112141,  1313(g)(2) Subsec. (i). Pub. L. 112141,  1313(g)(1) Subsec. (i)(1). Pub. L. 112140 September 30, 2012 Subsec. (j). Pub. L. 112141,  1313(h) Sept. 30, 2012 Pub. L. 112141,  1313(g)(1) 2010Subsec. (i)(1). Pub. L. 111322 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Except as otherwise provided, amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Pub. L. 11494, div. A, title I,  1446(d) Dec. 4, 2015 129 Stat. 1438 July 6, 2012 Pub. L. 112141 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Pub. L. 112140, title I,  101(e)(2) June 29, 2012 126 Stat. 392 The amendment made by paragraph (1) [amending this section] shall take effect as if included in section 101 of the Surface Transportation Extension Act of 2012 [ Pub. L. 112102 section 101 of this title  328. Eligibility for environmental restoration and pollution abatement (a)  In General Subject to subsection (b), environmental restoration and pollution abatement to minimize or mitigate the impacts of any transportation project funded under this title (including retrofitting and construction of stormwater treatment systems to meet Federal and State requirements under sections 401 and 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 (b)  Maximum Expenditure In a case in which a transportation facility is undergoing reconstruction, rehabilitation, resurfacing, or restoration, the expenditure of funds under this section for environmental restoration or pollution abatement described in subsection (a) shall not exceed 20 percent of the total cost of the reconstruction, rehabilitation, resurfacing, or restoration of the facility. (Added Pub. L. 10959, title VI,  6006(b) Aug. 10, 2005 119 Stat. 1872  329. Eligibility for control of noxious weeds and aquatic noxious weeds and establishment of native species (a)  In General In accordance with all applicable Federal law (including regulations), funds made available to carry out this section may be used for the following activities if such activities are related to transportation projects funded under this title: (1) Establishment of plants selected by State and local transportation authorities to perform one or more of the following functions: abatement of stormwater runoff, stabilization of soil, provision of habitat, forage, and migratory way stations for Monarch butterflies, other native pollinators, and honey bees, and aesthetic enhancement. (2) Management of plants which impair or impede the establishment, maintenance, or safe use of a transportation system. (b)  Included Activities The establishment and management under subsection (a)(1) and (a)(2) may include (1) right-of-way surveys to determine management requirements to control Federal or State noxious weeds as defined in the Plant Protection Act ( 7 U.S.C. 7701 (2) establishment of plants, whether native or nonnative with a preference for native to the maximum extent possible, for the purposes defined in subsection (a)(1); (3) control or elimination of plants as defined in subsection (a)(2); (4) elimination of plants to create fuel breaks for the prevention and control of wildfires; and (5) training. (c)  Contributions. (1)  In general Subject to paragraph (2), an activity described in subsection (a) may be carried out concurrently with, in advance of, or following the construction of a project funded under this title. (2)  Condition for activities conducted in advance of project construction An activity described in subsection (a) may be carried out in advance of construction of a project only if the activity is carried out in accordance with all applicable requirements of Federal law (including regulations) and State transportation planning processes. (Added Pub. L. 10959, title VI,  6006(b) Aug. 10, 2005 119 Stat. 1872 Pub. L. 11494, div. A, title I,  1415(b) Dec. 4, 2015 129 Stat. 1421  Editorial Notes  References in Text The Plant Protection Act, referred to in subsec. (b)(1), is title IV of Pub. L. 106224 June 20, 2000 114 Stat. 438 section 7701 of Title 7 Amendments 2015Subsec. (a)(1). Pub. L. 11494 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Invasive Plant Elimination Program Pub. L. 11758, div. A, title I,  11522 Nov. 15, 2021 135 Stat. 604  (a)  Definitions In this section: (1)  Invasive plant The term invasive plant means a nonnative plant, tree, grass, or weed species, including, at a minimum, cheatgrass, Ventenata dubia, medusahead, bulbous bluegrass, Japanese brome, rattail fescue, Japanese honeysuckle, phragmites, autumn olive, Bradford pear, wild parsnip, sericea lespedeza, spotted knapweed, garlic mustard, and palmer amaranth. (2)  Program The term program means the grant program established under subsection (b). (3)  Transportation corridor The term transportation corridor means a road, highway, railroad, or other surface transportation route. (b)  Establishment The Secretary [of Transportation] shall carry out a program to provide grants to States to eliminate or control existing invasive plants or prevent introduction of or encroachment by new invasive plants along and in areas adjacent to transportation corridor rights-of-way. (c)  Application To be eligible to receive a grant under the program, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d)  Eligible Activities. (1)  In general Subject to this subsection, a State that receives a grant under the program may use the grant funds to carry out activities to eliminate or control existing invasive plants or prevent introduction of or encroachment by new invasive plants along and in areas adjacent to transportation corridor rights-of-way. (2)  Prioritization of projects In carrying out the program, the Secretary shall give priority to projects that utilize revegetation with native plants and wildflowers, including those that are pollinator-friendly. (3)  Prohibition on certain uses of funds Amounts provided to a State under the program may not be used for costs relating to mowing a transportation corridor right-of-way or the adjacent area unless (A) mowing is identified as the best means of treatment according to best management practices; or (B) mowing is used in conjunction with another treatment. (4)  Limitation Not more than 10 percent of the amounts provided to a State under the program may be used for the purchase of equipment. (5)  Administrative and indirect costs Not more than 5 percent of the amounts provided to a State under the program may be used for the administrative and other indirect costs (such as full time employee salaries, rent, insurance, subscriptions, utilities, and office supplies) of carrying out eligible activities. (e)  Requirements. (1)  Coordination In carrying out eligible activities with a grant under the program, a State shall coordinate with (A) units of local government, political subdivisions of the State, and Tribal authorities that are carrying out eligible activities in the areas to be treated; (B) local regulatory authorities, in the case of a treatment along or adjacent to a railroad right-of-way; and (C) with respect to the most effective roadside control methods, State and Federal land management agencies and any relevant Tribal authorities. (2)  Annual report Not later than 1 year after the date on which a State receives a grant under the program, and annually thereafter, that State shall provide to the Secretary an annual report on the treatments carried out using funds from the grant. (f)  Federal Share. (1)  In general The Federal share of the cost of an eligible activity carried out using funds from a grant under the program shall be (A) in the case of a project that utilizes revegetation with native plants and wildflowers, including those that are pollinator-friendly, 75 percent; and (B) in the case of any other project not described in subparagraph (A), 50 percent. (2)  Certain funds counted toward non-federal share A State may include amounts expended by the State or a unit of local government in the State to address current invasive plant populations and prevent future infestation along or in areas adjacent to transportation corridor rights-of-way in calculating the non-Federal share required under the program. (g)  Funding There is authorized to be appropriated to carry out the program $50,000,000 for each of fiscal years 2022 through 2026.  330. Program for eliminating duplication of environmental reviews (a)  Establishment. (1)  In general The Secretary shall establish a pilot program to authorize States that have assumed responsibilities of the Secretary under section 327 and are approved to participate in the program under this section to conduct environmental reviews and make approvals for projects under State environmental laws and regulations instead of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (2)  Participating states The Secretary may select not more than 2 States to participate in the program. (3)  Alternative environmental review and approval procedures defined In this section, the term alternative environmental review and approval procedures means (A) substitution of 1 or more State environmental laws for (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (ii) any provisions of section 139 establishing procedures for the implementation of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (iii) related regulations and Executive orders; and (B) substitution of 1 or more State environmental regulations for (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (ii) any provisions of section 139 establishing procedures for the implementation of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (iii) related regulations and Executive orders. (b)  Application To be eligible to participate in the program, a State shall submit to the Secretary an application containing such information as the Secretary may require, including (1) a full and complete description of the proposed alternative environmental review and approval procedures of the State, including (A) the procedures the State uses to engage the public and consider alternatives to the proposed action; and (B) the extent to which the State considers environmental consequences or impacts on resources potentially impacted by the proposed action (such as air, water, or species); (2) each Federal requirement described in subsection (a)(3) that the State is seeking to substitute; (3) each State law or regulation that the State intends to substitute for such Federal requirement; (4) an explanation of the basis for concluding that the State law or regulation is at least as stringent as the Federal requirement described in subsection (a)(3); (5) a description of the projects or classes of projects for which the State anticipates exercising the authority that may be granted under the program; (6) verification that the State has the financial resources necessary to carry out the authority that may be granted under the program; (7) evidence of having sought, received, and addressed comments on the proposed application from the public; and (8) any such additional information as the Secretary, or, with respect to section (d)(1)(A), the Secretary in consultation with the Chair, may require. (c)  Review of Application In accordance with subsection (d), the Secretary shall (1) review and accept public comments on an application submitted under subsection (b); (2) approve or disapprove the application not later than 120 days after the date of receipt of an application that the Secretary determines is complete; and (3) transmit to the State notice of the approval or disapproval, together with a statement of the reasons for the approval or disapproval. (d)  Approval of Application. (1)  In general The Secretary shall approve an application submitted under subsection (b) only if (A) the Secretary, with the concurrence of the Chair and after considering any public comments received pursuant to subsection (c), determines that the laws and regulations of the State described in the application are at least as stringent as the Federal requirements described in subsection (a)(3); (B) the Secretary, after considering any public comments received pursuant to subsection (c), determines that the State has the capacity, including financial and personnel, to assume the responsibility; (C) the State has executed an agreement with the Secretary in accordance with section 327; and (D) the State has executed an agreement with the Secretary under this section that (i) has been executed by the Governor or the top-ranking transportation official in the State who is charged with responsibility for highway construction; (ii) is in such form as the Secretary may prescribe; (iii) provides that the State (I) agrees to assume the responsibilities, as identified by the Secretary, under this section; (II) expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts under subsection (e)(1) for the compliance, discharge, and enforcement of any responsibility under this section; (III) certifies that State laws (including regulations) are in effect that (aa) authorize the State to take the actions necessary to carry out the responsibilities being assumed; and (bb) are comparable to section 552 of title 5 (IV) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed; (iv) requires the State to provide to the Secretary any information the Secretary reasonably considers necessary to ensure that the State is adequately carrying out the responsibilities assigned to the State; (v) has a term of not more than 5 years; and (vi) is renewable. (2)  Exclusion The National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (e)  Judicial Review. (1)  In general The United States district courts shall have exclusive jurisdiction over any civil action against a State relating to the failure of the State (A) to meet the requirements of this section; or (B) to follow the alternative environmental review and approval procedures approved pursuant to this section. (2)  Limitation on review. (A)  In general Notwithstanding any other provision of law, a claim seeking judicial review of a permit, license, or approval issued by a State under this section shall be barred unless the claim is filed not later than 150 days as set forth in section 139( l (B)  Deadlines. (i)  Notification The State shall notify the Secretary of the final action of the State not later than 10 days after the final action is taken. (ii)  Publication The Secretary shall publish the notice of final action in the Federal Register not later than 30 days after the date of receipt of the notice under clause (i). (C)  Savings provision Nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit, license, or approval. (3)  New information. (A)  In general A State shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under section 771.130 of title 23, Code of Federal Regulations (or successor regulations). (B)  Treatment of final agency action. (i)  In general The final agency action that follows preparation of a supplemental environmental impact statement, if required, shall be considered a separate final agency action, and the deadline for filing a claim for judicial review of the action shall be 150 days as set forth in section 139( l (ii)  Deadlines. (I)  Notification The State shall notify the Secretary of the final action of the State not later than 10 days after the final action is taken. (II)  Publication The Secretary shall publish the notice of final action in the Federal Register not later than 30 days after the date of receipt of the notice under subclause (I). (f)  Election A State participating in the programs under this section and section 327, at the discretion of the State, may elect to apply the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (g)  Adoption or Incorporation by Reference of Documents To the maximum extent practicable and consistent with Federal law, other Federal agencies with authority over a project subject to this section shall adopt or incorporate by reference documents produced by a participating State under this section to satisfy the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (h)  Relationship to Locally Administered Projects. (1)  In general A State with an approved program under this section, at the request of a local government, may exercise authority under that program on behalf of up to 25 local governments for locally administered projects. (2)  Scope For up to 25 local governments selected by a State with an approved program under this section, the State shall be responsible for ensuring that any environmental review, consultation, or other action required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (i)  Review and Termination. (1)  In general A State program approved under this section shall at all times be in accordance with the requirements of this section. (2)  Review The Secretary shall review each State program approved under this section not less than once every 5 years. (3)  Public notice and comment In conducting the review process under paragraph (2), the Secretary shall provide notice and an opportunity for public comment. (4)  Withdrawal of approval If the Secretary, in consultation with the Chair, determines at any time that a State is not administering a State program approved under this section in accordance with the requirements of this section, the Secretary shall so notify the State, and if appropriate corrective action is not taken within a reasonable time, not to exceed 90 days, the Secretary shall withdraw approval of the State program. (5)  Extensions and terminations At the conclusion of the review process under paragraph (2), the Secretary may extend for an additional 5-year period or terminate the authority of a State under this section to substitute the laws and regulations of the State for the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (j)  Report to Congress Not later than 2 years after the date of enactment of this section, and annually 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 the administration of the program, including (1) the number of States participating in the program; (2) the number and types of projects for which each State participating in the program has used alternative environmental review and approval procedures; (3) a description and assessment of whether implementation of the program has resulted in more efficient review of projects; and (4) any recommendations for modifications to the program. (k)  Sunset The program shall terminate 12 years after the date of enactment of this section. (l)  Definitions In this section, the following definitions apply: (1)  Chair The term Chair means the Chair of the Council on Environmental Quality. (2)  Multimodal project The term multimodal project has the meaning given that term in section 139(a). (3)  Program The term program means the pilot program established under this section. (4)  Project The term project means (A) a project requiring approval under this title, chapter 53 of subtitle III of title 49, or subtitle V of title 49; and (B) a multimodal project. (Added Pub. L. 11494, div. A, title I,  1309(b) Dec. 4, 2015 129 Stat. 1392 Pub. L. 115254, div. B, title V,  578 Oct. 5, 2018 132 Stat. 3394  Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsecs. (a)(1), (3)(A)(i), (ii), (B)(i), (ii), (d)(2), (f), (g), (h)(2), and (i)(5), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The date of enactment of this section, referred to in subsecs. (j) and (k), is the date of enactment of Pub. L. 11494 Dec. 4, 2015 Amendments 2018Subsec. (a)(2). Pub. L. 115254,  578(1) Subsec. (e)(2)(A), (3)(B)(i). Pub. L. 115254,  578(2) l Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Purpose Pub. L. 11494, div. A, title I,  1309(a) Dec. 4, 2015 129 Stat. 1392 The purpose of this section [enacting this section and provisions set out as a note under this section] is to eliminate duplication of environmental reviews and approvals under State laws and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 Rulemaking Pub. L. 11494, div. A, title I,  1309(c) Dec. 4, 2015 129 Stat. 1396  (1)  In general Not later than 270 days after the date of enactment of this Act [ Dec. 4, 2015 section 330 of title 23 (2)  Determination of stringency As part of the rulemaking required under this subsection, the Chair shall (A) establish the criteria necessary to determine that a State law or regulation is at least as stringent as a Federal requirement described in section 330(a)(3) of title 23 (B) ensure that the criteria, at a minimum (i) provide for protection of the environment; (ii) provide opportunity for public participation and comment, including access to the documentation necessary to review the potential impact of a project; and (iii) ensure a consistent review of projects that would otherwise have been covered under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321  331. Evaluation of projects within an operational right-of-way (a)  Definitions. (1)  Eligible project or activity. (A)  In general In this section, the term eligible project or activity means a project or activity within an existing operational right-of-way (as defined in section 771.117(c)(22) of title 23, Code of Federal Regulations (or successor regulations)) (i) (I) eligible for assistance under this title; or (II) administered as if made available under this title; (ii) that is (I) a preventive maintenance, preservation, or highway safety improvement project (as defined in section 148(a)); or (II) a new turn lane that the State advises in writing to the Secretary would assist public safety; and (iii) that (I) is classified as a categorical exclusion under section 771.117 of title 23, Code of Federal Regulations (or successor regulations); or (II) if the project or activity does not receive assistance described in clause (i) would be considered a categorical exclusion if the project or activity received assistance described in clause (i). (B)  Exclusion The term eligible project or activity does not include a project to create a new travel lane. (2)  Preliminary evaluation The term preliminary evaluation, with respect to an application described in subsection (b)(1), means an evaluation that is customary or practicable for the relevant agency to complete within a 45-day period for similar applications. (3)  Relevant agency The term relevant agency means a Federal agency, other than the Federal Highway Administration, with responsibility for review of an application from a State for a permit, approval, or jurisdictional determination for an eligible project or activity. (b)  Action Required. (1)  In general Subject to paragraph (2), not later than 45 days after the date of receipt of an application by a State for a permit, approval, or jurisdictional determination for an eligible project or activity, the head of the relevant agency shall (A) make at least a preliminary evaluation of the application; and (B) notify the State of the results of the preliminary evaluation under subparagraph (A). (2)  Extension The head of the relevant agency may extend the review period under paragraph (1) by not more than 30 days if the head of the relevant agency provides to the State written notice that includes an explanation of the need for the extension. (3)  Failure to act If the head of the relevant agency fails to meet a deadline under paragraph (1) or (2), as applicable, the head of the relevant agency shall (A) not later than 30 days after the date of the missed deadline, submit to the State, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes why the deadline was missed; and (B) not later than 14 days after the date on which a report is submitted under subparagraph (A), make publicly available, including on the internet, a copy of that report. (Added Pub. L. 11758, div. A, title I,  11309(a) Nov. 15, 2021 135 Stat. 535  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title  332. Pollinator-friendly practices on roadsides and highway rights-of-way (a)  In General The Secretary shall establish a program to provide grants to eligible entities to carry out activities to benefit pollinators on roadsides and highway rights-of-way, including the planting and seeding of native, locally-appropriate grasses and wildflowers, including milkweed. (b)  Eligible Entities An entity eligible to receive a grant under this section is (1) a State department of transportation; (2) an Indian tribe; or (3) a Federal land management agency. (c)  Application To be eligible to receive 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, including a pollinator-friendly practices plan described in subsection (d). (d)  Pollinator-friendly Practices Plan. (1)  In general An eligible entity shall include in the application under subsection (c) a plan that describes the pollinator-friendly practices that the eligible entity has implemented or plans to implement, including (A) practices relating to mowing strategies that promote early successional vegetation and limit disturbance during periods of highest use by target pollinator species on roadsides and highway rights-of-way, such as (i) reducing the mowing swath outside of the State-designated safety zone; (ii) increasing the mowing height; (iii) reducing the mowing frequency; (iv) refraining from mowing monarch and other pollinator habitat during periods in which monarchs or other pollinators are present; (v) use of a flushing bar and cutting at reduced speeds to reduce pollinator deaths due to mowing; or (vi) reducing raking along roadsides and highway rights-of-way; (B) implementation of an integrated vegetation management plan that includes approaches such as mechanical tree and brush removal, targeted and judicious use of herbicides, and mowing, to address weed issues on roadsides and highway rights-of-way; (C) planting or seeding of native, locally-appropriate grasses and wildflowers, including milkweed, on roadsides and highway rights-of-way to enhance pollinator habitat, including larval host plants; (D) removing nonnative grasses from planting and seeding mixes, except for use as nurse or cover crops; (E) obtaining expert training or assistance on pollinator-friendly practices, including (i) native plant identification; (ii) establishment and management of locally-appropriate native plants that benefit pollinators; (iii) land management practices that benefit pollinators; and (iv) pollinator-focused integrated vegetation management; or (F) any other pollinator-friendly practices the Secretary determines to be appropriate. (2)  Coordination In developing a plan under paragraph (1), an eligible entity that is a State department of transportation or a Federal land management agency shall coordinate with applicable State agencies, including State agencies with jurisdiction over agriculture and fish and wildlife. (3)  Consultation In developing a plan under paragraph (1) (A) an eligible entity that is a State department of transportation or a Federal land management agency shall consult with affected or interested Indian tribes; and (B) any eligible entity may consult with nonprofit organizations, institutions of higher education, metropolitan planning organizations, and any other relevant entities. (e)  Award of Grants. (1)  In general The Secretary shall provide a grant to each eligible entity that submits an application under subsection (c), including a plan under subsection (d), that the Secretary determines to be satisfactory. (2)  Amount of grants The amount of a grant under this section (A) shall be based on the number of pollinator-friendly practices the eligible entity has implemented or plans to implement; and (B) shall not exceed $150,000. (f)  Use of Funds An eligible entity that receives a grant under this section shall use the funds for the implementation, improvement, or further development of the plan under subsection (d). (g)  Federal Share The Federal share of the cost of an activity carried out with a grant under this section shall be 100 percent. (h)  Best Practices The Secretary shall develop and make available to eligible entities best practices for, and a priority ranking of, pollinator-friendly practices on roadsides and highway rights-of-way. (i)  Technical Assistance On request of an eligible entity that receives a grant under this section, the Secretary shall provide technical assistance with the implementation, improvement, or further development of a plan under subsection (d). (j)  Administrative Costs For each fiscal year, the Secretary may use not more than 2 percent of the amounts made available to carry out this section for the administrative costs of carrying out this section. (k)  Report Not later than 1 year after the date on which the first grant is provided under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of the program under this section. (l)  Authorization of Appropriations. (1)  In general There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2022 through 2026. (2)  Availability Amounts made available under this section shall remain available for a period of 3 years after the last day of the fiscal year for which the funds are authorized. (Added Pub. L. 11758, div. A, title I,  11528(a) Nov. 15, 2021 135 Stat. 610  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title CHAPTER 4 HIGHWAY SAFETY    Sec.  401. Authority of the Secretary.  402. Highway safety programs.  403. Highway safety research and development.  404. High-visibility enforcement program.  405. National priority safety programs.  406. General requirements for Federal assistance.  407. Discovery and admission as evidence of certain reports and surveys.  408. Agency accountability.  [ 409. Renumbered.]  [ 410 411. Repealed.]  [ 412. Renumbered.]  Editorial Notes Amendments 2021 Pub. L. 11758, div. B, title IV,  24101(d)(2) Nov. 15, 2021 135 Stat. 785 Pub. L. 112141 2015 Pub. L. 11494, div. A, title IV,  4004(b) Dec. 4, 2015 129 Stat. 1501 2012 Pub. L. 112141, div. C, title I July 6, 2012 126 Stat. 755757 2005 Pub. L. 10959, title II Aug. 10, 2005 119 Stat. 1527 1998 Pub. L. 105178, title II June 9, 1998 112 Stat. 327 1991 Pub. L. 102240, title I,  1035(b) Dec. 18, 1991 105 Stat. 1978 1988 Pub. L. 100690, title IX,  9002(b) Nov. 18, 1988 102 Stat. 4525 1987 Pub. L. 10017, title I,  132(b) Apr. 2, 1987 101 Stat. 170 1982 Pub. L. 97364, title I,  101(b) Oct. 25, 1982 96 Stat. 1740 1978 Pub. L. 95599, title II,  208(b) Nov. 6, 1978 92 Stat. 2732 1976 Pub. L. 94280, title I,  135(d) May 5, 1976 90 Stat. 442 1975 Pub. L. 93643,  126(b) Jan. 4, 1975 88 Stat. 2291 1973 Pub. L. 9387, title II,  230(b) Aug. 13, 1973 87 Stat. 294  401. Authority of the Secretary  The Secretary is authorized and directed to assist and cooperate with other Federal departments and agencies, State and local governments, private industry, and other interested parties, to increase highway safety. For the purposes of this chapter, the term State means any one of the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (Added Pub. L. 89564, title I,  101 Sept. 9, 1966 80 Stat. 731 Pub. L. 9387, title II,  218 Aug. 13, 1973 87 Stat. 290 Pub. L. 98363,  3(b) July 17, 1984 98 Stat. 436 Pub. L. 10017, title I,  133(b)(19) Apr. 2, 1987 101 Stat. 172  Editorial Notes Amendments 1987 Pub. L. 10017 1984 Pub. L. 98363 1973 Pub. L. 9387 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Pub. L. 98363,  3(c) July 17, 1984 98 Stat. 436 The amendments made by subsections (a) and (b) [amending this section and section 402 of this title July 17, 1984 Short Title of 1991 Amendment Pub. L. 102240, title II,  2001 Dec. 18, 1991 105 Stat. 2070 This part [part A ( 20012009) of title II of Pub. L. 102240 Short Title of 1988 Amendment Pub. L. 100690, title IX,  9001 Nov. 18, 1988 102 Stat. 4521 This subtitle [subtitle A ( 9001 to 9005) of title IX of Pub. L. 100690 section 410 of this title Short Title of 1987 Amendment Pub. L. 10017, title II,  201 Apr. 2, 1987 101 Stat. 218 This title [amending sections 402 and 408 of this title and section 2314 of former Title 49, Transportation, enacting provisions set out as notes under this section, section 402 of this title Short Title of 1983 Amendment Pub. L. 97424, title II,  201 Jan. 6, 1983 96 Stat. 2137 This title [amending section 402 of this title Short Title of 1978 Amendment Pub. L. 95599, title II,  201 Nov. 6, 1978 92 Stat. 2727 This title [enacting section 407 of this title Short Title of 1976 Amendment Pub. L. 94280, title II,  201 May 5, 1976 90 Stat. 451 That title [amending sections 104, 151, 402, 404, and 406 of this title and provisions set out as a note under section 130 of this title Short Title of 1973 Amendment Pub. L. 9387, title II,  201 Aug. 13, 1973 87 Stat. 282 This title [enacting sections 151 to 153 and 405 of this title, amending this section and sections 104 and 402 to 404 of this title, and enacting provisions set out as notes under this section and sections 130, 144, 151, 217, and 403 of this title] may be cited as the Highway Safety Act of 1973. Short Title of 1970 Amendment Pub. L. 91605, title II,  201 Dec. 31, 1970 84 Stat. 1739 This title [enacting sections 144 and 322 of this title, amending provisions set out as notes under this section and section 402 of this title section 402 of this title Short Title Pub. L. 89564, title II,  208 Sept. 9, 1966 80 Stat. 737 This Act [enacting this chapter, amending sections 105 and 307 of this title, repealing sections 135 and 313 of this title, and enacting provisions set out as notes under this section and sections 303, 307, 402, and 403 of this title] may be cited as the Highway Safety Act of 1966. Transportation Management Plans Pub. L. 11758, div. A, title I,  11303 Nov. 15, 2021 135 Stat. 530  (a)  In General The Secretary [of Transportation] shall amend section 630.1010(c) of title 23, Code of Federal Regulations, to ensure that only a project described in that subsection with a lane closure for 3 or more consecutive days shall be considered to be a significant project for purposes of that section. (b)  Non-Interstate Projects Notwithstanding any other provision of law, a State shall not be required to develop or implement a transportation management plan (as described in section 630.1012 of title 23, Code of Federal Regulations (or successor regulations)) for a highway project not on the Interstate System if the project requires not more than 3 consecutive days of lane closures. Highway Safety Grants Emergency Authority Pub. L. 116260, div. N, title IV,  442 Dec. 27, 2020 134 Stat. 2069 Notwithstanding any other provision of law, in fiscal year 2021, the Secretary of Transportation may exercise the authority provided by section 22005 of division B of the CARES Act ( 23 U.S.C. 401 Public Law 116136 Pub. L. 116136, div. B, title XII,  22005 Mar. 27, 2020 134 Stat. 613  (a)  In General The Secretary of Transportation (referred to in this section as the Secretary) may waive or postpone any requirement under section 402, 404, 405, or 412 of title 23, United States Code, section 4001 of the FAST Act ( Public Law 11494 129 Stat. 1497 23 U.S.C. 401 (1) the Coronavirus Disease 2019 (COVID19) is having a substantial impact on (A) the ability of States to implement or carry out any grant, campaign, or program under those provisions; or (B) the ability of the Secretary to carry out any responsibility of the Secretary with respect to a grant, campaign, or program under those provisions; or (2) the requirements of those provisions are having a substantial impact on the ability of States or the Secretary to address the Coronavirus Disease 2019 (COVID19). (b)  Report The Secretary shall periodically submit to the relevant committees of Congress a report describing (1) each determination made by the Secretary under subsection (a); and (2) each waiver or postponement of a requirement under that subsection. (c)  Emergency Requirement The amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 [ 2 U.S.C. 901(b)(2)(A)(i) Wildlife Vehicle Collision Reduction Study Pub. L. 10959, title I,  1119(n) Aug. 10, 2005 119 Stat. 1190  (1)  In general The Secretary [of Transportation] shall conduct a study of methods to reduce collisions between motor vehicles and wildlife (in this subsection referred to as wildlife vehicle collisions). (2)  Contents. (A)  Areas of study The study shall include an assessment of the causes and impacts of wildlife vehicle collisions and solutions and best practices for reducing such collisions. (B)  Methods for conducting the study In carrying out the study, the Secretary shall (i) conduct a thorough literature review; and (ii) survey current practices of the Department of Transportation. (3)  Consultation In carrying out the study, the Secretary shall consult with appropriate experts in the field of wildlife vehicle collisions. (4)  Report. (A)  In general Not later than 2 years after the date of enactment of this Act [ Aug. 10, 2005 (B)  Contents The report shall include a description of each of the following: (i) Causes of wildlife vehicle collisions. (ii) Impacts of wildlife vehicle collisions. (iii) Solutions to and prevention of wildlife vehicle collisions. (5)  Manual. (A)  Development Based upon the results of the study, the Secretary shall develop a best practices manual to support State efforts to reduce wildlife vehicle collisions. (B)  Availability The manual shall be made available to States not later than 1 year after the date of transmission of the report under paragraph (4). (C)  Contents The manual shall include, at a minimum, the following: (i) A list of best practices addressing wildlife vehicle collisions. (ii) A list of information, technical, and funding resources for addressing wildlife vehicle collisions. (iii) Recommendations for addressing wildlife vehicle collisions. (iv) Guidance for developing a State action plan to address wildlife vehicle collisions. (6)  Training Based upon the manual developed under paragraph (5), the Secretary shall develop a training course on addressing wildlife vehicle collisions for transportation professionals. Worker Injury Prevention and Free Flow of Vehicular Traffic Pub. L. 10959, title I,  1402 Aug. 10, 2005 119 Stat. 1227 Not later than 1 year after the date of enactment of this Act [ Aug. 10, 2005 section 101 of title 23 Roadway Safety Improvements for Older Drivers and Pedestrians Pub. L. 10959, title I,  1405 Aug. 10, 2005 119 Stat. 1230  (a)  In General The Secretary [of Transportation] shall carry out a program to improve traffic signs and pavement markings in all States (as such term is defined in section 101 of title 23 (b)  Federal Share The Federal share of the cost of a project carried out under this section shall be determined in accordance with section 120 of title 23 (c)  Authorization of Appropriations There is authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2005 through 2009. Work Zone and Guard Rail Safety Training Pub. L. 10959, title I,  1409(a) Aug. 10, 2005 119 Stat. 1232 Pub. L. 11494, div. A, title I,  1417(a)(2) Dec. 4, 2015 129 Stat. 1423  (a)  In General The Secretary [of Transportation] shall establish and implement a work zone safety grant program under which the Secretary may make grants to nonprofit organizations and not-for-profit organizations to provide training to prevent or reduce highway work zone injuries and fatalities. (b)  Eligible Activities Grants may be made under the program for the following purposes: (1) Training for construction craft workers on the prevention of injuries and fatalities in highway and road construction. (2) Development of guidelines for the prevention of highway work zone injuries and fatalities. (3) Training for State and local government transportation agencies and other groups implementing guidelines for the prevention of highway work zone injuries and fatalities. (4) Development, updating, and delivery of training courses on guard rail installation, maintenance, and inspection. (c)  Funding. (1)  In general There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $5,000,000 for each of fiscal years 2006 through 2009. (2)  Contract authority Funds authorized by this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable. Prohibition on Other Uses Pub. L. 11758, div. B, title IV,  24101(b) Nov. 15, 2021 135 Stat. 784  Except as otherwise provided in chapter 4 of title 23, and chapter 303 of title 49, United States Code, the amounts made available under subsection (a) [of section 24101 of Pub. L. 11758 135 Stat. 784 (1) shall only be used to carry out that program; and (2) may not be used by a State or local government for construction purposes. Similar provisions were contained in the following prior acts: Pub. L. 11494, div. A, title IV,  4001(b) Dec. 4, 2015 129 Stat. 1498 Pub. L. 112141, div. C, title I,  31101(b) July 6, 2012 126 Stat. 733 Pub. L. 10959, title II,  2001(b) Aug. 10, 2005 119 Stat. 1520 Use of Uniformed Police Officers on Federal-Aid Highway Construction Projects Pub. L. 105178, title I,  1213(c) June 9, 1998 112 Stat. 200 June 9, 1998 Radio and Microwave Technology for Motor Vehicle Safety Warning System Pub. L. 10459, title III,  358(c) Nov. 28, 1995 109 Stat. 625  (1)  Study The Secretary, in consultation with the Federal Communications Commission and the National Telecommunications and Information Administration, shall conduct a study to develop and evaluate radio and microwave technology for a motor vehicle safety warning system in furtherance of safety in all types of motor vehicles. (2)  Equipment Equipment developed under the study shall be directed toward, but not limited to, advance warning to operators of all types of motor vehicles of (A) temporary obstructions in a highway; (B) poor visibility and highway surface conditions caused by adverse weather; and (C) movement of emergency vehicles. (3)  Safety applications In conducting the study, the Secretary shall determine whether the technology described in this subsection has other appropriate safety applications. Work Zone Safety Program Pub. L. 11758, div. A, title I,  11302 Nov. 15, 2021 135 Stat. 530 The Secretary [of Transportation] shall amend section 630.1008(e) of title 23, Code of Federal Regulations, to ensure that the work zone process review under that subsection is required not more frequently than once every 5 years. Pub. L. 10959, title I,  1410 Aug. 10, 2005 119 Stat. 1233  (a)  Grants The Secretary [of Transportation] shall make grants for fiscal years 2006 through 2009 to a national nonprofit foundation for the operation of the National Work Zone Safety Information Clearinghouse, authorized by section 358(b)(2) of Public Law 10459 (b)  Authorization of Appropriations There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $1,000,000 for each of fiscal years 2006 through 2009. (c)  Contract Authority Funds authorized by this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except the Federal share of the cost of activities carried out using such funds shall be 100 percent, and such funds shall remain available until expended and shall not be transferable. Pub. L. 10459, title III,  358(b) Nov. 28, 1995 109 Stat. 625  In carrying out the work zone safety program under section 1051 of the Intermodal Surface Transportation Efficiency Act of 1991 [ Pub. L. 102240 23 U.S.C. 401 105 Stat. 2001 (1) Conducting conferences to explore new techniques and stimulate dialogue for improving work zone safety. (2) Establishing a national clearinghouse to assemble and disseminate, by electronic and other means, information relating to the improvement of work zone safety. (3) Conducting a national promotional campaign in cooperation with the States to provide timely, site-specific information to motorists when construction workers are actually present. (4) Encouraging the use of enforceable speed limits in work zones. (5) Developing training programs for work site designers and construction workers to promote safe work zone practices. (6) Encouraging the use of unit price bid items in contracts for traffic control devices and implementation of traffic control plans. Pub. L. 102240, title I,  1051 Dec. 18, 1991 105 Stat. 2001 The Secretary shall develop and implement a work zone safety program which will improve work zone safety at highway construction sites by enhancing the quality and effectiveness of traffic control devices, safety appurtenances, traffic control plans, and bidding practices for traffic control devices and services. Older Drivers and Other Special Driver Groups Pub. L. 10459, title III,  358(a) Nov. 28, 1995 109 Stat. 625  (1)  Study The Secretary shall conduct a study of technologies and practices to improve the driving performance of older drivers and other special driver groups. (2)  Demonstration activities In conducting the study under paragraph (1), the Secretary shall undertake demonstration activities that incorporate and build upon gerontology research related to the study of the normal aging process. The Secretary shall initially implement such activities in those States that have the highest population of aging citizens for whom driving a motor vehicle is their primary mobility mode. (3)  Cooperative agreement The Secretary shall conduct the study under paragraph (1) by entering into a cooperative agreement with an institution that has demonstrated competencies in gerontological research, population demographics, human factors related to transportation, and advanced technology applied to transportation. Pub. L. 10017, title II,  208 Apr. 2, 1987 101 Stat. 222 Pub. L. 100202,  101 l Dec. 22, 1987 101 Stat. 1329358 Apr. 2, 1987 Apr. 2, 1987 Annual Report by Secretary of Transportation on Highway Safety Performance of Each State Pub. L. 97424, title II,  207 Jan. 6, 1983 96 Stat. 2139 The Secretary of Transportation shall prepare, publish, and submit to Congress not later than December 31 of each calendar year beginning after December 31, 1982 section 101 of title 23 [For termination, effective May 15, 2000 section 207 of Pub. L. 97424 section 3003 of Pub. L. 10466 section 1113 of Title 31 National Driver Registration Pub. L. 97364, title II Oct. 25, 1982 96 Stat. 17401748 Pub. L. 100223, title III,  305 Dec. 30, 1987 101 Stat. 1525 Pub. L. 100342,  4(b) June 22, 1988 102 Stat. 626 Pub. L. 101380, title IV,  4105(a) Aug. 18, 1990 104 Stat. 512 Pub. L. 102240, title II,  2007 Dec. 18, 1991 105 Stat. 2080 Pub. L. 103272,  7(b) July 5, 1994 108 Stat. 1379 Pub. L. 103429,  8(10) Oct. 31, 1994 108 Stat. 4390 Pilot Projects for Highway Safety Education and Information Pub. L. 95599, title II,  209 Nov. 6, 1978 92 Stat. 2732 Pub. L. 97424, title II,  206 Jan. 6, 1983 96 Stat. 2139 Pub. L. 10017, title II,  207 Apr. 2, 1987 101 Stat. 221  (a) The Secretary of Transportation shall carry out six pilot projects designed, through the use of television and radio, to develop and evaluate techniques, methods, and practices to achieve maximum measurable effectiveness in reducing traffic accidents, injuries, and deaths. (b) Each pilot project authorized by this section shall be in operation not later than the one hundred and eightieth day after the date of the first appropriation of funds made under authority of this section, and shall be conducted for a one-year period. Not later than the ninetieth day after the end of each such one-year period, the Secretary of Transportation shall report to Congress the results of such project, including, but not limited to, an evaluation of the effectiveness of such project and a statistical analysis of the traffic accidents and fatalities within the project area during such one-year period. (c) There is authorized to be appropriated, out of the Highway Trust Fund, to carry out subsections (a) and (b) of this section, $6,000,000, to remain available until expended. (d)  National Highway Safety Campaign Utilizing those techniques, methods, and practices determined most effective under subsection (b), the Secretary of Transportation shall conduct a national highway safety campaign utilizing the local and national television and radio to educate and inform the public of techniques, methods, and practices to reduce the number and severity of highway accidents. Not later than the 180th day after the date of submission of the first report to Congress required by subsection (b) of this section, the Secretary shall commence the conduct of such campaign. (e) Such campaign is authorized to be conducted in cooperation with interested government and nongovernment authorities, agencies, organizations, institutions, businesses, and individuals, and shall utilize to the extent possible nongovernmental professional organizations equipped and experienced to conduct such campaign. (f) The Secretary of Transportation shall engage such private firms or organizations as he determines necessary to conduct an on-going evaluation of the national campaign authorized by subsection (d) of this section to determine ways and means for encouraging the participation and cooperation of television and radio station licensees, for measuring audience reactions to on-going highway safety programming for evaluating the effectiveness of such programs in terms of the number of lives saved and the reduction in injuries, and for the purpose of developing new programs for the promotion of highway safety. Such evaluation shall include determinations of those programs designed to encourage the voluntary use of safety belts which are most effective and shall include recommendations for new methods and approaches which will result in greater voluntary utilization of safety belts by the public. (g) The Secretary of Transportation shall submit a report to the Congress on July 1 of each year in which the campaign is in progress on the results of such evaluation and on the steps being taken by the Secretary of Transportation to implement the recommendations of such evaluation. (h) For the purpose of carrying out subsections (d), (e), (f), and (g) of this section, there is authorized to be appropriated out of the Highway Trust Fund, $10,000,000, to remain available until expended. None of the amounts authorized by this subsection shall be available for obligation for any education or information program conducted in connection with the implementation of Federal Motor Vehicle Safety Standard 208 (49 C.F.R. 571.208). (i) All provisions of chapter 1 of title 23, United States Code, that are applicable to Federal-aid primary highway funds, other than provisions relating to the apportionment formula and provisions limiting the expenditure of such funds to the Federal-aid systems, shall apply to the funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section and except that the funds authorized to be appropriated to carry out this section shall not be subject to any obligation limitation. [For termination, effective May 15, 2000 section 209(g) of Pub. L. 95599 section 3003 of Pub. L. 10466 section 1113 of Title 31 Highway Safety Educational Programing and Study; Report to Congress; Series of Highway Safety Television Programs; Appropriations Authorizations Pub. L. 9387, title II,  211 Aug. 13, 1973 87 Stat. 288 June 30, 1974 47 U.S.C. 151 Highway Safety Citizen Participation Study Pub. L. 9387, title II,  212 Aug. 13, 1973 87 Stat. 289 June 30, 1974 National Center for Statistical Analysis of Highway Operations Pub. L. 9387, title II,  213 Aug. 13, 1973 87 Stat. 289 Jan. 1, 1975 Pedestrian and Bicycle Safety Study Pub. L. 9387, title II,  214 Aug. 13, 1973 87 Stat. 289 Jan. 31, 1975 Highway Safety Needs Study Pub. L. 9387, title II,  225 Aug. 13, 1973 87 Stat. 292 Jan. 10, 1976 National Highway Traffic Safety Administration; Creation; Appointment of Administrator and Deputy Administrator; Duties; Retroactive Effect Pub. L. 89564, title II,  201 Sept. 9, 1966 80 Stat. 735 Pub. L. 89670,  8(h) Oct. 15, 1966 80 Stat. 943 Pub. L. 9083,  10(b) Sept. 11, 1967 81 Stat. 224 Pub. L. 91605, title II,  202(a) Dec. 31, 1970 84 Stat. 1739 Pub. L. 97449,  7(b) Jan. 12, 1983 96 Stat. 2444 section 1(b) of Pub. L. 97449 section 105 of Title 49 Acting Administrator of National Highway Traffic Safety Administration Pub. L. 91605, title II,  202(b) Dec. 31, 1970 84 Stat. 1740 Dec. 31, 1970 Annual Report to Congress on Administration of Highway Safety Act of 1966 Pub. L. 89564, title II,  202 Sept. 9, 1966 80 Stat. 736 Pub. L. 9387, title II,  224 Aug. 13, 1973 87 Stat. 292  (a) The Secretary shall prepare and submit to the President for transmittal to the Congress on July 1 of each year a comprehensive report on the administration of the Highway Safety Act of 1966 (including chapter 4 of title 23 of the United States Code) for the preceding calendar year. Such report should include but not be restricted to (1) a thorough statistical compilation of the accidents and injuries occurring in such year; (2) a list of all safety standards issued or in effect in such year; (3) the scope of observance of applicable Federal standards; (4) a statement of enforcement actions including judicial decisions, settlements, or pending litigation during the year; (5) a summary of all current research grants and contracts together with a description of the problems to be considered by such grants and contracts; (6) an analysis and evaluation of completed research activities and technological progress achieved during such year together with the relevant policy recommendations flowing therefrom: (7) the effectiveness of State highway safety program (including local highway safety programs) and (8) the extent to which technical information was being disseminated to the scientific community and consumer-oriented material was made available to the motoring public. (b) The annual report shall also contain such recommendations for additional legislation as the Secretary deems necessary to promote cooperation among the several States in the improvement of highway safety and to strengthen the national highway safety program. [For termination, effective May 15, 2000 section 202 of Pub. L. 89564 section 3003 of Pub. L. 10466 section 1113 of Title 31 Detailed Cost Estimate of Highway Safety Act of 1966 Pub. L. 89564, title II,  207 Sept. 9, 1966 80 Stat. 737 June 30, 1969 Jan. 10, 1968 Interstate Compacts for Highway Safety Pub. L. 85684 Aug. 20, 1958 72 Stat. 635 Pub. L. 88466 78 Stat. 564  That the consent of Congress is hereby given to any two or more of the several States, and one or more of the several States and the District of Columbia, to enter into agreements or compacts (1) for cooperative effort and mutual assistance in the establishment and carrying out of traffic safety programs, including, but not limited to, the enactment of uniform traffic laws, driver education and training, coordination of traffic law enforcement, research into safe automobile and highway design, and research programs of the human factors affecting traffic safety, and (2) for the establishment of such agencies, joint or otherwise, as they deem desirable for the establishment and carrying out of such traffic safety programs.  402. Highway safety programs (a)  Program Required. (1)  In general Each State shall have in effect a highway safety program that (i) is designed to reduce (I) traffic crashes; and (II) deaths, injuries, and property damage resulting from those crashes; (ii) includes (I) an approved, current, triennial highway safety plan in accordance with subsection (k); and (II) an approved grant application under subsection (l) for the fiscal year; (iii) demonstrates compliance with the applicable administrative requirements of subsection (b)(1); and (iv) is approved by the Secretary. (2)  Uniform guidelines Programs required under paragraph (1) shall comply with uniform guidelines, promulgated by the Secretary and expressed in terms of performance criteria, that (A) include programs (i) to reduce injuries and deaths resulting from motor vehicles being driven in excess of posted speed limits; (ii) to encourage the proper use of safety belts by occupants of motor vehicles; (iii) to encourage more widespread and proper use of child restraints, with an emphasis on underserved populations; (iv) to reduce injuries and deaths resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance; (v) to prevent crashes and reduce injuries and deaths resulting from crashes involving motor vehicles and motorcycles; (vi) to reduce injuries and deaths resulting from crashes involving school buses; (vii) to reduce crashes resulting from unsafe driving behavior (including aggressive or fatigued driving and distracted driving arising from the use of electronic devices in vehicles); (viii) to improve law enforcement services in motor vehicle crash prevention, traffic supervision, and post-crash procedures; (ix) to increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities; (x) to reduce crashes caused by driver misuse or misunderstanding of new vehicle technology; (xi) to increase vehicle recall awareness; (xii) to provide to the public information relating to the risks of child heatstroke death when left unattended in a motor vehicle after the motor is deactivated by the operator; (xiii) to reduce injuries and deaths resulting from the failure by drivers of motor vehicles to move to another traffic lane or reduce the speed of the vehicle when law enforcement, fire service, emergency medical services, or other emergency or first responder vehicles are stopped or parked on or next to a roadway with emergency lights activated; and (xiv) to prevent crashes, injuries, and deaths caused by unsecured vehicle loads; (B) improve driver performance, including (i) driver education; (ii) driver testing to determine proficiency to operate motor vehicles; and (iii) driver examinations (physical, mental, and driver licensing); (C) improve pedestrian performance and bicycle safety; (D) include provisions for (i) an effective record system of crashes (including resulting injuries and deaths); (ii) crash investigations to determine the probable causes of crashes, injuries, and deaths; (iii) vehicle registration, operation, and inspection; and (iv) emergency services; and (E) to the extent determined appropriate by the Secretary, are applicable to federally administered areas where a Federal department or agency controls the highways or supervises traffic operations. (3)  Additional considerations A State that has legalized medicinal or recreational marijuana shall take into consideration implementing programs in addition to the programs described in paragraph (2)(A) (A) to educate drivers regarding the risks associated with marijuana-impaired driving; and (B) to reduce injuries and deaths resulting from individuals driving motor vehicles while impaired by marijuana. (b)  Administration of State Programs. (1)  Administrative requirements The Secretary shall not approve a State highway safety program under this section which does not (A) provide that the Governor of the State shall be responsible for the administration of the program through a State highway safety agency which shall have adequate powers and be suitably equipped and organized to carry out, to the satisfaction of the Secretary, such program; (B) provide for a comprehensive, data-driven traffic safety program that results from meaningful public participation and engagement from affected communities, particularly those most significantly impacted by traffic crashes resulting in injuries and fatalities; (C) except as provided in paragraph (2), provide that at least 40 percent of all Federal funds apportioned under this section to the State for any fiscal year will be expended by the political subdivisions of the State, including Indian tribal governments, in carrying out local highway safety programs; (D) provide adequate and reasonable access for the safe and convenient movement of individuals, including those with disabilities and those in wheelchairs, across curbs constructed or replaced on or after July 1, 1976 (E) as part of a comprehensive program, support (i) data-driven traffic safety enforcement programs that foster effective community collaboration to increase public safety; and (ii) data collection and analysis to ensure transparency, identify disparities in traffic enforcement, and inform traffic enforcement policies, procedures, and activities; and (F) provide satisfactory assurances that the State will implement activities in support of national highway safety goals to reduce motor vehicle related fatalities that also reflect the primary data-related crash factors within a State as identified by the State highway safety planning process, including (i) national, high-visibility law enforcement mobilizations coordinated by the Secretary; (ii) sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of posted speed limits; (iii) an annual statewide safety belt use survey in accordance with criteria established by the Secretary for the measurement of State safety belt use rates to ensure that the measurements are accurate and representative; (iv) development of statewide data systems to provide timely and effective data analysis to support allocation of highway safety resources; (v) ensuring that the State will coordinate its highway safety plan, data collection, and information systems with the State strategic highway safety plan (as defined in section 148(a)); and (vi) unless the State highway safety program is developed by American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands, participation in the Fatality Analysis Reporting System. (2)  Waiver The Secretary may waive the requirement of paragraph (1)(C), in whole or in part, for a fiscal year for any State whenever the Secretary determines that there is an insufficient number of local highway safety programs to justify the expenditure in the State of such percentage of Federal funds during the fiscal year. (c)  Use of Funds. (1)  Use for state activities. (A)  In general The funds authorized to be appropriated to carry out this section shall be used to aid the States to conduct the highway safety programs approved in accordance with subsection (a), including development and implementation of manpower training programs, and of demonstration programs that the Secretary determines will contribute directly to the reduction of crashes, and deaths and injuries resulting therefrom. (B)  Neighboring states A State, acting in cooperation with any neighboring State, may use funds provided under this section for a highway safety program that may confer a benefit on the neighboring State. (2)  Apportionment to states. (A)  Definition of public road In this paragraph, the term public road means any road that is (i) subject to the jurisdiction of, and maintained by, a public authority; and (ii) held open to public travel. (B)  Apportionment. (i)  In general Except for the amounts identified in section 403(f) and the amounts subject to subparagraph (C), of the funds made available under this section (I) 75 percent shall be apportioned to each State based on the ratio that, as determined by the most recent decennial census (aa) the population of the State; bears to (bb) the total population of all States; and (II) 25 percent shall be apportioned to each State based on the ratio that, subject to clause (ii) (aa) the public road mileage in each State; bears to (bb) the total public road mileage in all States. (ii)  Calculation For purposes of clause (i)(II), public road mileage shall be (I) determined as of the end of the calendar year preceding the year during which the funds are apportioned; (II) certified by the Governor of the State; and (III) subject to approval by the Secretary. (C)  Minimum apportionments The annual apportionment under this section to (i) each State shall be not less than 34 of 1 percent of the total apportionment; (ii) the Secretary of the Interior shall be not less than 2 percent of the total apportionment; and (iii) the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be not less than 14 of 1 percent of the total apportionment. (D)  Penalty. (i)  In general The funds apportioned under this section to a State that does not have approved or in effect a highway safety program described in subsection (a)(1) shall be reduced by an amount equal to not less than 20 percent of the amount that would otherwise be apportioned to the State under this section, until the date on which the Secretary, as applicable (I) approves such a highway safety program; or (II) determines that the State is implementing such a program. (ii)  Factor for consideration In determining the amount of the reduction in funds apportioned to a State under this subparagraph, the Secretary shall take into consideration the gravity of the failure by the State to secure approval, or to implement, a highway safety program described in subsection (a)(1). (E)  Limitations. (i)  In general A highway safety program approved by the Secretary shall not include any requirement that a State shall implement such a program by adopting or enforcing any law, rule, or regulation based on a guideline promulgated by the Secretary under this section requiring any motorcycle operator aged 18 years or older, or a motorcycle passenger aged 18 years or older, to wear a safety helmet when operating or riding a motorcycle on the streets and highways of that State. (ii)  Effect of guidelines Nothing in this section requires a State highway safety program to require compliance with every uniform guideline, or with every element of every uniform guideline, in every State. (3)  Reapportionment. (A)  In general The Secretary shall promptly apportion to a State any funds withheld from the State under paragraph (2)(D) if the Secretary makes an approval or determination, as applicable, described in that paragraph by not later than July 31 of the fiscal year for which the funds were withheld. (B)  Continuing state failure If the Secretary determines that a State fails to correct a failure to have approved or in effect a highway safety program described in subsection (a)(1) by the date described in subparagraph (A), the Secretary shall reapportion the funds withheld from that State under paragraph (2)(D) for the fiscal year to the other States in accordance with the formula described in paragraph (2)(B) by not later than the last day of the fiscal year. (4)  Automated traffic enforcement systems. (A)  Automated traffic enforcement system defined In this paragraph, the term automated traffic enforcement system means any camera which captures an image of a vehicle for the purposes only of red light and speed enforcement, and does not include hand held radar and other devices operated by law enforcement officers to make an on-the-scene traffic stop, issue a traffic citation, or other enforcement action at the time of the violation. (B)  Prohibition A State may not expend funds apportioned to that State under this section to carry out a program to purchase, operate, or maintain an automated traffic enforcement system. (C)  Special rule for school and work zones Notwithstanding subparagraph (B), a State may expend funds apportioned to the State under this section to carry out a program to purchase, operate, or maintain an automated traffic enforcement system in a work zone or school zone. (D)  Automated traffic enforcement system guidelines An automated traffic enforcement system installed pursuant to subparagraph (C) shall comply with such guidelines applicable to speed enforcement camera systems and red light camera systems as are established by the Secretary. (d) All provisions of chapter 1 of this title that are applicable to National Highway System highway funds other than provisions relating to the apportionment formula and provisions limiting the expenditure of such funds to the Federal-aid systems, shall apply to the highway safety funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section, and except that the aggregate of all expenditures made during any fiscal year by a State and its political subdivisions (exclusive of Federal funds) for carrying out the State highway safety program (other than planning and administration) shall be available for the purpose of crediting such State during such fiscal year for the non-Federal share of the cost of any project under this section (other than one for planning or administration) without regard to whether such expenditures were actually made in connection with such project and except that, in the case of a local highway safety program carried out by an Indian tribe, if the Secretary is satisfied that an Indian tribe does not have sufficient funds available to meet the non-Federal share of the cost of such program, he may increase the Federal share of the cost thereof payable under this Act to the extent necessary. In applying such provisions of chapter 1 in carrying out this section the term State transportation department as used in such provisions shall mean the Governor of a State for the purposes of this section. (e) Uniform guidelines promulgated by the Secretary to carry out this section shall be developed in cooperation with the States, their political subdivisions, appropriate Federal departments and agencies, and such other public and private organizations as the Secretary deems appropriate. (f) The Secretary may make arrangements with other Federal departments and agencies for assistance in the preparation of uniform guidelines for the highway safety programs contemplated by subsection (a) and in the administration of such programs. Such departments and agencies are directed to cooperate in such preparation and administration, on a reimbursable basis. (g)  Restriction Nothing in this section may be construed to authorize the appropriation or expenditure of funds for highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines). (h)  Application in Indian Country. (1)  Use of terms For the purpose of application of this section in Indian country, the terms State and Governor of a State include the Secretary of the Interior and the term political subdivision of a State includes an Indian tribe. (2)  Expenditures for local highway programs Notwithstanding subsection (b)(1)(C), 95 percent of the funds apportioned to the Secretary of the Interior under this section shall be expended by Indian tribes to carry out highway safety programs within their jurisdictions. (3)  Access for individuals with disabilities The requirements of subsection (b)(1)(D) shall be applicable to Indian tribes, except to those tribes with respect to which the Secretary determines that application of such provisions would not be practicable. (4)  Indian country defined In this subsection, the term Indian country means (A) all land within the limits of any Indian reservation under the jurisdiction of the United States, notwithstanding the issuance of any patent and including rights-of-way running through the reservation; (B) all dependent Indian communities within the borders of the United States, whether within the original or subsequently acquired territory thereof and whether within or without the limits of a State; and (C) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments. (i)  Rulemaking Proceeding The Secretary may periodically conduct a rulemaking process to identify highway safety programs that are highly effective in reducing motor vehicle crashes, injuries, and deaths. Any such rulemaking shall take into account the major role of the States in implementing such programs. When a rule promulgated in accordance with this section takes effect, States shall consider these highly effective programs when developing their highway safety programs. (j)  Law Enforcement Vehicular Pursuit Training A State shall actively encourage all relevant law enforcement agencies in such State to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are in effect on the date of enactment of this subsection or as revised and in effect after such date as determined by the Secretary. (k)  Triennial Highway Safety Plan. (1)  In general For fiscal year 2024, and not less frequently than once every 3 fiscal years thereafter, the Secretary shall require each State, as a condition of the approval of the States highway safety program for the 3 fiscal years covered by the plan, to develop and submit to the Secretary for approval a triennial highway safety plan that complies with the requirements under this subsection. (2)  Timing Each State shall submit to the Secretary a triennial highway safety plan by not later than July 1 of the fiscal year preceding the first fiscal year covered by the plan. (3)  Electronic submission The Secretary, in coordination with the Governors Highway Safety Association, shall develop procedures to allow States to submit triennial highway safety plans under this subsection, including any attachments to the plans, in electronic form. (4)  Contents Each State triennial highway safety plan submitted under paragraph (1) shall include, with respect to the 3 fiscal years covered by the plan, based on the information available on the date of submission under paragraph (2) (A) performance measures required by the Secretary or otherwise necessary to support additional State safety goals, including (i) documentation of current safety levels for each performance measure; (ii) quantifiable performance targets that demonstrate constant or improved performance for each performance measure; and (iii) a justification for each performance target, that explains why each target is appropriate and evidence-based; (B) a countermeasure strategy for programming funds under this section for projects that will allow the State to meet the performance targets described in subparagraph (A), including a description (i) that demonstrates the link between the effectiveness of each proposed countermeasure strategy and those performance targets; and (ii) of the manner in which each countermeasure strategy is informed by uniform guidelines issued by the Secretary; (C) data and data analysis supporting the effectiveness of proposed countermeasures; (D) a description of any Federal funds that the State plans to use, in addition to funds apportioned to the State under this section, to carry out the strategy described in subparagraph (B); and (E) a report on the States success in meeting State safety goals and performance targets set forth in the most recently submitted highway safety plan. (5)  Performance measures The Secretary shall develop minimum performance measures under paragraph (4)(A) in consultation with the Governors Highway Safety Association. (6)  Review of triennial highway safety plans. (A)  In general Except as provided in subparagraph (B), the Secretary shall review and approve or disapprove a triennial highway safety plan of a State by not later than 60 days after the date on which the plan is received by the Secretary. (B)  Additional information. (i)  In general The Secretary may request a State to submit to the Secretary such additional information as the Secretary determines to be necessary for review of the triennial highway safety plan of the State. (ii)  Extension of deadline On providing to a State a request for additional information under clause (i), the Secretary may extend the deadline to approve or disapprove the triennial highway safety plan of the State under subparagraph (A) for not more than an additional 90 days, as the Secretary determines to be necessary to accommodate that request, subject to clause (iii). (iii)  Timing Any additional information requested under clause (i) shall be submitted to the Secretary by not later than 7 business days after the date of receipt by the State of the request. (C)  Approvals and disapprovals. (i)  Approvals The Secretary shall approve a States triennial highway safety plan if the Secretary determines that (I) the plan and the performance targets contained in the plan are evidence-based and supported by data; and (II) the plan, once implemented, will allow the State to meet the States performance targets. (ii)  Disapprovals The Secretary shall disapprove a States triennial highway safety plan if the Secretary determines that (I) the plan and the performance targets contained in the plan are not evidence-based or supported by data; or (II) the plan does not provide for programming of funding in a manner sufficient to allow the State to meet the States performance targets. (D)  Actions upon disapproval If the Secretary disapproves a States triennial highway safety plan, the Secretary shall (i) inform the State of the reasons for such disapproval; and (ii) require the State to resubmit the plan with any modifications that the Secretary determines to be necessary. (E)  Review of resubmitted plans If the Secretary requires a State to resubmit a triennial highway safety plan, with modifications, the Secretary shall review and approve or disapprove the modified plan not later than 30 days after the date on which the Secretary receives such plan. (F)  Public notice A State shall make the States triennial highway safety plan, and decisions of the Secretary concerning approval or disapproval of a revised plan, available to the public. (l)  Annual Grant Application and Reporting Requirements. (1)  Annual grant application. (A)  In general To be eligible to receive grant funds under this chapter for a fiscal year, each State shall submit to the Secretary an annual grant application that, as determined by the Secretary (i) demonstrates alignment with the approved triennial highway safety plan of the State; and (ii) complies with the requirements under this subsection. (B)  Timing The deadline for submission of annual grant applications under this paragraph shall be determined by the Secretary in accordance with section 406(d)(2). (C)  Contents An annual grant application under this paragraph shall include, at a minimum (i) such updates, as necessary, to any analysis included in the triennial highway safety plan of the State; (ii) an identification of each project and subrecipient to be funded by the State using the grants during the upcoming grant year, subject to the condition that the State shall separately submit, on a date other than the date of submission of the annual grant application, a description of any projects or subrecipients to be funded, as that information becomes available; (iii) a description of the means by which the strategy of the State to use grant funds was adjusted and informed by the previous report of the State under paragraph (2); and (iv) an application for any additional grants available to the State under this chapter. (D)  Review The Secretary shall review and approve or disapprove an annual grant application under this paragraph by not later than 60 days after the date of submission of the application. (2)  Reporting requirements Not later than 120 days after the end of each fiscal year for which a grant is provided to a State under this chapter, the State shall submit to the Secretary an annual report that includes (A) an assessment of the progress made by the State in achieving the performance targets identified in the triennial highway safety plan of the State, based on the most currently available Fatality Analysis Reporting System data; and (B) (i) a description of the extent to which progress made in achieving those performance targets is aligned with the triennial highway safety plan of the State; and (ii) if applicable, any plans of the State to adjust a strategy for programming funds to achieve the performance targets. (m)  Teen Traffic Safety. (1)  In general Subject to the requirements of the applicable triennial highway safety plan of the State, as approved by the Secretary under subsection (k), a State may use a portion of the amounts received under this section to implement statewide efforts to improve traffic safety for teen drivers. (2)  Use of funds Statewide efforts under paragraph (1) (A) shall include peer-to-peer education and prevention strategies in schools and communities designed to (i) increase safety belt use; (ii) reduce speeding; (iii) reduce impaired and distracted driving; (iv) reduce underage drinking; and (v) reduce other behaviors by teen drivers that lead to injuries and fatalities; and (B) may include (i) working with student-led groups and school advisors to plan and implement teen traffic safety programs; (ii) providing subgrants to schools throughout the State to support the establishment and expansion of student groups focused on teen traffic safety; (iii) providing support, training, and technical assistance to establish and expand school and community safety programs for teen drivers; (iv) creating statewide or regional websites to publicize and circulate information on teen safety programs; (v) conducting outreach and providing educational resources for parents; (vi) establishing State or regional advisory councils comprised of teen drivers to provide input and recommendations to the governor and the governors safety representative on issues related to the safety of teen drivers; (vii) collaborating with law enforcement; (viii) establishing partnerships and promoting coordination among community stakeholders, including public, not-for-profit, and for profit entities; (ix) increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities; and (x) support for school-based drivers education classes to improve teen knowledge about (I) safe driving practices; and (II) State graduated driving license requirements, including behind-the-wheel training required to meet those requirements. (n)  Public Transparency. (1)  In general The Secretary shall publicly release on a Department of Transportation website, by not later than 45 calendar days after the applicable date of availability (A) each triennial highway safety plan approved by the Secretary under subsection (k); (B) each State performance target under subsection (k); and (C) an evaluation of State achievement of applicable performance targets under subsection (k). (2)  State highway safety plan website. (A)  In general In carrying out paragraph (1), the Secretary shall establish a public website that is easily accessible, navigable, and searchable for the information required under that paragraph, in order to foster greater transparency in approved State highway safety programs. (B)  Contents The website established under subparagraph (A) shall (i) include the applicable triennial highway safety plan, and the annual report, of each State submitted to, and approved by, the Secretary under subsection (k); and (ii) provide a means for the public to search the website for State highway safety program content required under subsection (k), including (I) performance measures required by the Secretary; (II) progress made toward meeting the applicable performance targets during the preceding program year; (III) program areas and expenditures; and (IV) a description of any sources of funds, other than funds provided under this section, that the State proposes to use to carry out the triennial highway safety plan of the State. (o)  Unattended Passengers. (1)  In general Each State shall use a portion of the amounts received by the State under this section to carry out a program to educate the public regarding the risks of leaving a child or unattended passenger in a vehicle after the vehicle motor is deactivated by the operator. (2)  Program placement Nothing in this subsection requires a State to carry out a program described in paragraph (1) through the State transportation or highway safety office. (Added Pub. L. 89564, title I,  101 Sept. 9, 1966 80 Stat. 731 Pub. L. 90495,  13 Aug. 23, 1968 82 Stat. 822 Pub. L. 91605, title II Dec. 31, 1970 84 Stat. 1740 Pub. L. 9387, title II Aug. 13, 1973 87 Stat. 285 Pub. L. 94280, title II May 5, 1976 90 Stat. 453 Pub. L. 95599, title II,  207(a) Nov. 6, 1978 92 Stat. 2731 Pub. L. 9735, title XI,  1107(c) Aug. 13, 1981 95 Stat. 626 Pub. L. 97424, title II,  208 Jan. 6, 1983 96 Stat. 2140 Pub. L. 98363 July 17, 1984 98 Stat. 436 Pub. L. 10017, title I,  133(b)(20) Apr. 2, 1987 101 Stat. 172 Pub. L. 102240, title II,  2002 Dec. 18, 1991 105 Stat. 2070 Pub. L. 10466, title I,  1121(d) Dec. 21, 1995 109 Stat. 724 Pub. L. 105178, title I,  1212(a)(2)(A)(i) June 9, 1998 112 Stat. 193 Pub. L. 10959, title II,  2002(a) Aug. 10, 2005 119 Stat. 1521 Pub. L. 110244, title III,  303(a) June 6, 2008 122 Stat. 1619 Pub. L. 112141, div. C, title I,  31102 July 6, 2012 126 Stat. 734 Pub. L. 11494, div. A, title IV Dec. 4, 2015 129 Stat. 1499 Pub. L. 115420,  5(a) Jan. 3, 2019 132 Stat. 5445 Pub. L. 11758, div. B, title IV Nov. 15, 2021 135 Stat. 785  Editorial Notes  References in Text This Act, referred to in subsec. (d), probably means Pub. L. 9387 Aug. 13, 1973 87 Stat. 250 The date of enactment of this subsection, referred to in subsec. (j), is the date of enactment of Pub. L. 10959 Aug. 10, 2005 Amendments 2021 Pub. L. 11758,  24102(a)(1) Subsec. (a)(1). Pub. L. 11758,  24102(a)(3)(A) Subsec. (a)(2)(A)(ii). Pub. L. 11758,  24102(a)(3)(B)(i) Subsec. (a)(2)(A)(iii) to (xiv). Pub. L. 11758,  24102(a)(3)(B)(ii) Subsec. (a)(3). Pub. L. 11758,  24102(a)(3)(C) Subsec. (b)(1). Pub. L. 11758,  24102(a)(4)(A) Subsec. (b)(1)(B). Pub. L. 11758,  24102(a)(4)(B) Subsec. (b)(1)(C). Pub. L. 11758,  24102(a)(4)(C) Subsec. (b)(1)(D). Pub. L. 11758,  24102(a)(4)(D) Subsec. (b)(1)(E). Pub. L. 11758,  24102(a)(4)(E) Subsec. (b)(1)(F)(i). Pub. L. 11758,  24102(a)(4)(F)(i) Subsec. (b)(1)(F)(vi). Pub. L. 11758,  24102(a)(4)(F)(ii) Subsec. (c)(1). Pub. L. 11758,  24102(a)(5)(A) Use for state activities In general Subsec. (c)(2), (3). Pub. L. 11758,  24102(a)(5)(B) Subsec. (c)(4). Pub. L. 11758,  24102(a)(5)(C) Subsec. (k). Pub. L. 11758,  24102(a)(6)(A) Subsec. (k)(1). Pub. L. 11758,  24102(a)(6)(A) Subsec. (k)(2). Pub. L. 11758,  24102(a)(6)(C) Subsec. (k)(3). Pub. L. 11758,  24102(a)(6)(D) Subsec. (k)(4)(A). Pub. L. 11758,  24102(a)(6)(E)(i) Subsec. (k)(4)(A)(ii). Pub. L. 11758,  24102(a)(6)(E)(ii) Subsec. (k)(4)(B). Pub. L. 11758,  24102(a)(6)(E)(iii) Subsec. (k)(4)(D). Pub. L. 11758,  24102(a)(6)(E)(iv) Subsec. (k)(4)(E). Pub. L. 11758,  24102(a)(6)(E)(v) Subsec. (k)(4)(F). Pub. L. 11758,  24102(a)(6)(E)(vi) Subsec. (k)(5). Pub. L. 11758,  24102(a)(6)(F) Subsec. (k)(6). Pub. L. 11758,  24102(a)(6)(G)(i) Subsec. (k)(6)(A). Pub. L. 11758,  24102(a)(6)(G)(iv) Subsec. (k)(6)(B). Pub. L. 11758,  24102(a)(6)(G)(iv) Subsec. (k)(6)(C). Pub. L. 11758,  24102(a)(6)(G)(ii) Subsec. (k)(6)(D) to (F). Pub. L. 11758,  24102(a)(6)(G)(ii) Subsec. ( l Pub. L. 11758,  24102(a)(7) l Subsec. (m)(1). Pub. L. 11758,  24102(a)(8) Subsec. (n). Pub. L. 11758,  24102(a)(9) Subsec. ( o Pub. L. 11758,  24222(b) o 2019Subsec. (n). Pub. L. 115420 October 1, 2015 (1) an evaluation of each States performance with respect to the States highway safety plan under subsection (k) and performance targets set by the States in such plans; and (2) such recommendations as the Secretary may have for improvements to activities carried out under subsection (k). 2015Subsec. (a)(2)(A)(viii). Pub. L. 11494,  4002(1) Subsec. (b)(1)(C). Pub. L. 11494,  4014(1)(A)(i) Subsec. (b)(1)(E). Pub. L. 11494,  4014(1)(A)(ii) Subsec. (c)(4)(C). Pub. L. 11494,  4002(2) Subsec. (g). Pub. L. 11494,  4002(3) (1) In general (A) highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines); or (B) any purpose for which funds are authorized under section 403. (2) Demonstration projects Subsec. (k)(3). Pub. L. 11494,  4002(4)(B) Subsec. (k)(4). Pub. L. 11494,  4014(1)(B) Pub. L. 11494,  4002(4)(A) Pub. L. 11494,  4002(4)(A) Subsec. (k)(5). Pub. L. 11494,  4002(4)(A) Subsec. (k)(6). Pub. L. 11494,  4002(4)(A) Subsec. (k)(6)(A). Pub. L. 11494,  4002(4)(C) Subsec. (m)(2)(B)(ix), (x). Pub. L. 11494,  4002(5) 2012Subsec. (a). Pub. L. 112141,  31102(a) Subsec. (b)(1)(E), (F). Pub. L. 112141,  31102(b)(1)(A) Subsec. (b)(1)(F)(i). Pub. L. 112141,  31102(b)(1)(D)(i) Subsec. (b)(1)(F)(v). Pub. L. 112141,  31102(b)(1)(D)(ii) Subsec. (b)(3). Pub. L. 112141,  31102(b)(2) Subsec. (c). Pub. L. 112141,  31102(c) Subsec. (g). Pub. L. 112141,  31102(d) section 403 of this title Subsecs. (h) to (j). Pub. L. 112141,  31102(e)(2) l Subsec. (k). Pub. L. 112141,  31102(e)(1) Subsec. ( l Pub. L. 112141,  31102(e)(3) l Subsec. (m). Pub. L. 112141,  31102(e)(1) Subsec. (n). Pub. L. 112141,  31102(h) 2008Subsec. (b). Pub. L. 110244,  303(c)(1)(A) Pub. L. 10959,  2002(b)(2) Subsec. (b)(1)(E). Pub. L. 110244,  303(c)(1)(B) Pub. L. 10959,  2002(b)(1) Subsec. (c). Pub. L. 110244,  303(a) Subsec. (m). Pub. L. 110244,  303(b) 2005Subsec. (a). Pub. L. 10959,  2002(a)(4) Subsec. (a)(2). Pub. L. 10959,  2002(a)(1) Subsec. (a)(6), (7). Pub. L. 10959,  2002(a)(2) Subsec. (b). Pub. L. 10959,  2002(b)(2) Pub. L. 110244,  303(c)(1)(A) Subsec. (b)(1)(E). Pub. L. 10959,  2002(b)(1) Pub. L. 110244,  303(c)(1)(B) Subsec. (c). Pub. L. 10959,  2002(c)(2) Pub. L. 10959,  2002(c)(1) Pub. L. 10959,  2002(c)(1) Subsecs. ( l Pub. L. 10959,  2002(d) l 1998Subsec. (a). Pub. L. 105178,  2001(a) Subsec. (b). Pub. L. 105178,  2001(b) (b)(1) The Secretary shall not approve any State highway safety program under this section which does not (A) provide that the Governor of the State shall be responsible for the administration of the program through a State highway safety agency which shall have adequate powers, and be suitably equipped and organized to carry out, to the satisfaction of the Secretary, such program. (B) authorize political subdivisions of such State to carry out local highway safety programs within their jurisdictions as a part of the State highway safety program if such local highway safety programs are approved by the Governor and are in accordance with the uniform guidelines of the Secretary promulgated under this section. (C) provide that at least 40 per centum of all Federal funds apportioned under this section to such State for any fiscal year will be expended by the political subdivisions of such State in carrying out local highway safety programs authorized in accordance with subparagraph (B) of this paragraph. (D) provide adequate and reasonable access for the safe and convenient movement of physically handicapped persons, including those in wheelchairs, across curbs constructed or replaced on or after July 1, 1976 (E) provide for programs (which may include financial incentives and disincentives) to encourage the use of safety belts by drivers of, and passengers in, motor vehicles. (2) The Secretary is authorized to waive the requirement of subparagraph (C) of paragraph (1) of this subsection, in whole or in part, for a fiscal year for any State whenever he determines that there is an insufficient number of local highway safety programs to justify the expenditure in such State of such percentage of Federal funds during such fiscal year. Subsec. (c). Pub. L. 105178,  2001(c) Subsec. (d). Pub. L. 105178,  1212(a)(2)(A)(i) Subsec. (i). Pub. L. 105178,  2001(d) Provided And provided further Subsec. (j). Pub. L. 105178,  2001(e) September 1, 1987 April 1, 1988 April 1, 1988 October 1, 1988 April 1, 1988 October 1, 1989 1995Subsec. (a). Pub. L. 10466 1991Subsec. (a). Pub. L. 102240,  2002(a) Subsec. (b)(3) to (5). Pub. L. 102240,  2002(b) Subsec. (d). Pub. L. 102240,  2002(c) 1987Subsec. (a). Pub. L. 10017,  206(a) Subsec. (b)(1)(B). Pub. L. 10017,  206(a) Subsec. (b)(1)(D) to (F). Pub. L. 10017,  206(c) Subsec. (c). Pub. L. 10017 June 30, 1967 June 30, 1968 June 30, 1969 December 31, 1969 Subsecs. (e) to (g). Pub. L. 10017,  206(a) Subsec. (j). Pub. L. 10017,  206(d) September 1, 1981 April 1, 1982 April 1, 1982 October 1, 1983 April 1, 1982 October 1, 1982 June 1, 1982 September 30, 1983 1984Subsec. (c). Pub. L. 98363,  3(a) Subsec. (k). Pub. L. 98363,  5 1983Subsec. (c). Pub. L. 97424 1981Subsec. (b)(1). Pub. L. 9735,  1107(e) Subsec. (h). Pub. L. 9735,  1107(c) July 1, 1973 Subsec. (j). Pub. L. 9735,  1107(d) Sept. 1, 1981 1978Subsec. (a). Pub. L. 95599,  207(a) Subsec. (b)(1)(A). Pub. L. 95599,  207(b)(1) Subsec. (b)(1)(G). Pub. L. 95599,  207(c) Subsec. (d). Pub. L. 95599,  207(d) 1976Subsec. (c), sixth sentence. Pub. L. 94280,  211 Subsec. (c), eighth and ninth sentences. Pub. L. 94280,  208(a) January 1, 1970 Subsec. (c), tenth through thirteenth sentences. Pub. L. 94280,  212 January 1, 1970 Subsec. (j)(3) to (5). Pub. L. 94280,  204 1973Subsec. (a). Pub. L. 9387,  231(a) Subsec. (b)(1)(E)(6). Pub. L. 9387,  231(b) Subsec. (b)(1)(F). Pub. L. 9387,  228 Subsec. (c). Pub. L. 9387 Subsec. (d). Pub. L. 9387,  207(b) Subsec. (h). Pub. L. 9387,  229 July 1, 1973 Aug. 13, 1973 Aug. 13, 1973 Dec. 31, 1970 Subsec. (i). Pub. L. 9387,  207(a) Subsec. (j). Pub. L. 9387,  219 1970Subsec. (b)(1)(A). Pub. L. 91605,  203(A) Subsec. (c). Pub. L. 91605,  202(c) June 30, 1969 June 30, 1969 June 30, 1970 Subsec. (d). Pub. L. 91605,  202(d) Subsec. (h). Pub. L. 91605,  202(e) 1968Subsec. (c). Pub. L. 90495 December 31, 1969 December 31, 1968 January 1, 1970 January 1, 1969 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Pub. L. 11758, div. B, title IV,  24102(b) Nov. 15, 2021 135 Stat. 792 The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter. Effective Date of 2015 Amendment Except as otherwise provided, amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Amendment by section 4002 of Pub. L. 11494 Oct. 1, 2016 section 4015 of Pub. L. 11494 section 164 of this title Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 2008 Amendment Amendment by sections 101(s)(2) and 303(c)(1) of Pub. L. 110244 Pub. L. 10959 Aug. 10, 2005 Pub. L. 10959 Pub. L. 10959 June 6, 2008 Pub. L. 110244 section 121(b) of Pub. L. 110244 section 101 of this title Pub. L. 110244, title III,  303(a) June 6, 2008 122 Stat. 1619 Oct. 1, 2007 Effective Date of 2005 Amendment Pub. L. 10959, title II,  2022 Aug. 10, 2005 119 Stat. 1544 Sections 2002 through 2007 of this title [amending this section and sections 403, 405, 406, 408, and 410 of this title and enacting provisions set out as notes under sections 403 and 410 of this title] (and the amendments and repeals made by such sections) shall take effect October 1, 2005 Effective Date of 1991 Amendment Pub. L. 102240, title II,  2008 Dec. 18, 1991 105 Stat. 2080 Except as otherwise provided, this title [amending this section and sections 403 and 410 of this title and sections 1392, 1413, and 1414 of Title 15, Commerce and Trade, enacting provisions set out as notes under this section and sections 401, 403, and 410 of this title and section 1392 of Title 15 section 401 of this title Dec. 18, 1991 September 30, 1991 Effective Date of 1984 Amendment Amendment by section 3(a) of Pub. L. 98363 July 17, 1984 section 3(c) of Pub. L. 98363 section 401 of this title Effective Date of 1981 Amendment Pub. L. 9735, title XI,  1107(c) Aug. 13, 1981 95 Stat. 626 Oct. 1, 1982 Effective Date of 1978 Amendment Pub. L. 95599, title II,  207(b)(2) Nov. 6, 1978 92 Stat. 2731 The amendment made by paragraph (1) of this subsection [amending this section] shall take effect January 1, 1979 Effective Date of 1970 Amendment Pub. L. 91605, title II,  203(b) Dec. 31, 1970 84 Stat. 1741 The amendment made by subsection (a) of this section [amending this section] shall take effect December 31, 1971 Effective Date of 1968 Amendment Amendment by Pub. L. 90495 Aug. 23, 1968 section 37 of Pub. L. 90495 section 101 of this title Public Safety Messaging Campaign Pub. L. 11758, div. B, title IV,  24110(b) Nov. 15, 2021 135 Stat. 810  (1)  In general Not later than 1 year after the date of enactment of this Act [ Nov. 15, 2021 (A) to highlight the importance of addressing the illegal passing of school buses; and (B) to educate students and the public regarding the safe loading and unloading of schools [sic] buses. (2)  Consultation In carrying out paragraph (1), the Secretary shall consult with (A) representatives of the school bus industry from the public and private sectors; and (B) States. (3)  Updates The Secretary shall periodically update the materials used in the campaign under paragraph (1). Safe Streets and Roads for All Grant Program Pub. L. 11758, div. B, title IV,  24112 Nov. 15, 2021 135 Stat. 815  (a)  Definitions In this section: (1)  Comprehensive safety action plan The term comprehensive safety action plan means a plan aimed at preventing transportation-related fatalities and serious injuries in a locality, commonly referred to as a Vision Zero or Toward Zero Deaths plan, that may include (A) a goal and timeline for eliminating fatalities and serious injuries; (B) an analysis of the location and severity of vehicle-involved crashes in a locality; (C) an analysis of community input, gathered through public outreach and education; (D) a data-driven approach to identify projects or strategies to prevent fatalities and serious injuries in a locality, such as those involving (i) education and community outreach; (ii) effective methods to enforce traffic laws and regulations; (iii) new vehicle or other transportation-related technologies; and (iv) roadway planning and design; and (E) mechanisms for evaluating the outcomes and effectiveness of the comprehensive safety action plan, including the means by which that effectiveness will be reported to residents in a locality. (2)  Eligible entity The term eligible entity means (A) a metropolitan planning organization; (B) a political subdivision of a State; (C) a federally recognized Tribal government; and (D) a multijurisdictional group of entities described in any of subparagraphs (A) through (C). (3)  Eligible project The term eligible project means a project (A) to develop a comprehensive safety action plan; (B) to conduct planning, design, and development activities for projects and strategies identified in a comprehensive safety action plan; or (C) to carry out projects and strategies identified in a comprehensive safety action plan. (4)  Program The term program means the Safe Streets and Roads for All program established under subsection (b). (b)  Establishment The Secretary [of Transportation] shall establish and carry out a program, to be known as the Safe Streets and Roads for All program, that supports local initiatives to prevent death and serious injury on roads and streets, commonly referred to as Vision Zero or Toward Zero Deaths initiatives. (c)  Grants. (1)  In general In carrying out the program, the Secretary may make grants to eligible entities, on a competitive basis, in accordance with this section. (2)  Limitations. (A)  In general Not more than 15 percent of the funds made available to carry out the program for a fiscal year may be awarded to eligible projects in a single State during that fiscal year. (B)  Planning grants Of the total amount made available to carry out the program for each fiscal year, not less than 40 percent shall be awarded to eligible projects described in subsection (a)(3)(A). (d)  Selection of Eligible Projects. (1)  Solicitation Not later than 180 days after the date on which amounts are made available to provide grants under the program for a fiscal year, the Secretary shall solicit from eligible entities grant applications for eligible projects in accordance with this section. (2)  Applications. (A)  In general To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application in such form and containing such information as the Secretary considers to be appropriate. (B)  Requirement An application for a grant under this paragraph shall include mechanisms for evaluating the success of applicable eligible projects and strategies. (3)  Considerations In awarding a grant under the program, the Secretary shall take into consideration the extent to which an eligible entity, and each eligible project proposed to be carried out by the eligible entity, as applicable (A) is likely to significantly reduce or eliminate transportation-related fatalities and serious injuries involving various road users, including pedestrians, bicyclists, public transportation users, motorists, and commercial operators, within the timeframe proposed by the eligible entity; (B) demonstrates engagement with a variety of public and private stakeholders; (C) seeks to adopt innovative technologies or strategies to promote safety; (D) employs low-cost, high-impact strategies that can improve safety over a wider geographical area; (E) ensures, or will ensure, equitable investment in the safety needs of underserved communities in preventing transportation-related fatalities and injuries; (F) includes evidence-based projects or strategies; and (G) achieves such other conditions as the Secretary considers to be necessary. (4)  Transparency. (A)  In general The Secretary shall evaluate, through a methodology that is discernible and transparent to the public, the means by, and extent to, which each application under the program addresses any applicable merit criteria established by the Secretary. (B)  Publication The methodology under subparagraph (A) shall be published by the Secretary as part of the notice of funding opportunity under the program. (e)  Federal Share The Federal share of the cost of an eligible project carried out using a grant provided under the program shall not exceed 80 percent. (f)  Funding. (1)  Authorization of appropriations There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2022 through 2026, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated. (2)  Administrative expenses Of the amounts made available to carry out the program for a fiscal year, the Secretary may retain not more than 2 percent for the administrative expenses of the program. (3)  Availability to eligible entities Amounts made available under a grant under the program shall remain available for use by the applicable eligible entity until the date that is 5 years after the date on which the grant is provided. (g)  Data Submission. (1)  In general As a condition of receiving a grant under this program, an eligible entity shall submit to the Secretary, on a regular basis as established by the Secretary, data, information, or analyses collected or conducted in accordance with subsection (d)(3). (2)  Form The data, information, and analyses under paragraph (1) shall be submitted in such form such manner as may be prescribed by the Secretary. (h)  Reports Not later than 120 days after the end of the period of performance for a grant under the program, the eligible entity shall submit to the Secretary a report that describes (1) the costs of each eligible project carried out using the grant; (2) the outcomes and benefits that each such eligible project has generated, as (A) identified in the grant application of the eligible entity; and (B) measured by data, to the maximum extent practicable; and (3) the lessons learned and any recommendations relating to future projects or strategies to prevent death and serious injury on roads and streets. (i)  Best Practices Based on the information submitted by eligible entities under subsection (g), the Secretary shall (1) periodically post on a publicly available website best practices and lessons learned for preventing transportation-related fatalities and serious injuries pursuant to strategies or interventions implemented under the program; and (2) evaluate and incorporate, as appropriate, the effectiveness of strategies and interventions implemented under the program for the purpose of enriching revisions to the document entitled Countermeasures That Work: A Highway Safety Countermeasure Guide for State Highway Safety Offices, Ninth Edition and numbered DOT HS 812 478 (or any successor document). Pedestrian and Cyclists Information and Enhanced Performance Management Pub. L. 11758, div. B, title IV,  24113(b) Nov. 15, 2021 135 Stat. 818  (1)  In general Not later than 2 years after the date of enactment of this Act [ Nov. 15, 2021 May 20, 2021 (A) carrying out measures to collect information relating to the range of countermeasures implemented by States; (B) analyzing that information to help advance knowledge regarding the effectiveness of those countermeasures; and (C) sharing with States any results. (2)  Performance management practices The Administrator of the National Highway Traffic Safety Administration shall use performance management practices to guide pedestrian and cyclist safety activities by (A) developing performance measures for the Administration and program offices responsible for implementing pedestrian and cyclist safety activities to demonstrate the means by which those activities contribute to safety goals; and (B) using performance information to make any necessary changes to advance pedestrian and cyclist safety efforts. Increasing Public Awareness of the Dangers of Drug-Impaired Driving Pub. L. 11494, div. A, title IV,  4009 Dec. 4, 2015 129 Stat. 1511  (a)  Additional Actions The Administrator of the National Highway Traffic Safety Administration, in consultation with the White House Office of National Drug Control Policy, the Secretary of Health and Human Services, State highway safety offices, and other interested parties, as determined by the Administrator, shall identify and carry out additional actions that should be undertaken by the Administration to assist States in their efforts to increase public awareness of the dangers of drug-impaired driving, including the dangers of driving while under the influence of heroin or prescription opioids. (b)  Report Not later than 60 days after the date of enactment of this Act [ Dec. 4, 2015 Regulatory Authority; State Matching Requirements; Grant Application and Deadline Pub. L. 11494, div. A, title IV,  4001(d) Dec. 4, 2015 129 Stat. 1498  (d)  Regulatory Authority Grants awarded under this title [title IV of div. A of Pub. L. 11494 (e)  State Matching Requirements If a grant awarded under chapter 4 of title 23, United States Code, requires a State to share in the cost, the aggregate of all expenditures for highway safety activities made during a fiscal year by the State and its political subdivisions (exclusive of Federal funds) for carrying out the grant (other than planning and administration) shall be available for the purpose of crediting the State during such fiscal year for the non-Federal share of the cost of any other project carried out under chapter 4 of title 23, United States Code (other than planning or administration), without regard to whether such expenditures were made in connection with such project. (f)  Grant Application and Deadline To receive a grant under chapter 4 of title 23, United States Code, a State shall submit an application, and the Secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year. Similar provisions were contained in the following prior acts: Pub. L. 112141, div. C, title I,  31101(d) July 6, 2012 126 Stat. 733 Safe Routes to School Program Pub. L. 10959, title I,  1404 Aug. 10, 2005 119 Stat. 1228 Pub. L. 110244,  101(s)(2) June 6, 2008 122 Stat. 1577 Pub. L. 11758, div. A, title I,  11119(b)(2) Nov. 15, 2021 135 Stat. 497 Oct. 1, 2021 section 208 of this title Roadway Safety Pub. L. 10959, title I,  1411 Aug. 10, 2005 119 Stat. 1234  (a)  Road Safety. (1)  In general The Secretary [of Transportation] shall enter into an agreement to assist in the activities of a national nonprofit organization that is dedicated solely to improving public road safety (A) by improving the quality of data pertaining to public road hazards and design features that affect or increase the severity of motor vehicle crashes; (B) by developing and carrying out a public awareness campaign to educate State and local transportation officials, public safety officials, and motorists regarding the extent to which public road hazards and design features are a factor in motor vehicle crashes; and (C) by promoting public road safety research and technology transfer activities. (2)  Funding There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $500,000 for each of fiscal years 2006 through 2009 to carry out this subsection. (3)  Applicability of title 23 Funds made available by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the funds shall remain available until expended. (b)  Bicycle and Pedestrian Safety Grants. (1)  In general The Secretary [of Transportation] shall make grants to a national, not-for-profit organization engaged in promoting bicycle and pedestrian safety (A) to operate a national bicycle and pedestrian clearinghouse; (B) to develop information and educational programs; and (C) to disseminate techniques and strategies for improving bicycle and pedestrian safety. (2)  Funding There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $300,000 for fiscal year 2005 and $500,000 for each of fiscal years 2006 through 2009 to carry out this subsection. (3)  Applicability of title 23 Funds made available by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the funds shall remain available until expended. Grant Program To Prohibit Racial Profiling Pub. L. 10959, title I,  1906 Aug. 10, 2005 119 Stat. 1468 Pub. L. 11494, div. A, title IV,  4011 Dec. 4, 2015 129 Stat. 1512 Pub. L. 11758, div. B, title V,  25024 Nov. 15, 2021 135 Stat. 879  (a)  Grants Subject to the requirements of this section, the Secretary [of Transportation] shall make grants to a State that (1) is maintaining and allows public inspection of statistical information for each motor vehicle stop made by a law enforcement officer on a Federal-aid highway in the State regarding the race and ethnicity of the driver; or (2) provides assurances satisfactory to the Secretary that the State is undertaking activities to comply with the requirements of paragraph (1). (b)  Use of Grant Funds A grant received by a State under subsection (a) shall be used by the State for the costs of (1) collecting and maintaining data on traffic stops; (2) evaluating the results of the data; and (3) developing and implementing programs, public outreach, and training to reduce the impact of traffic stops described in subsection (a)(1). (c)  Maximum Amount The total amount provided to a State under this section in any fiscal year may not exceed (1) for a State described in subsection (a)(1), 10 percent of the amount made available to carry out this section in that fiscal year; and (2) for a State described in subsection (a)(2), 5 percent of the amount made available to carry out this section in that fiscal year. (d)  Funding. (1)  In general From funds made available under section 403 of title 23 (2)  Contract authority Funds made available under this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except the Federal share of the cost of activities carried out using such funds shall be 80 percent. (3)  Technical assistance The Secretary may allocate not more than 10 percent of the amount made available to carry out this section in a fiscal year to provide technical assistance to States to carry out activities under this section. (4)  Other uses The Secretary may reallocate, before the last day of any fiscal year, amounts remaining available under paragraph (1) to increase the amounts made available to carry out any of other activities authorized under section 403 of title 23 High Visibility Enforcement Program Pub. L. 10959, title II,  2009 Aug. 10, 2005 119 Stat. 1535 Pub. L. 111147, title IV,  421(h)(1) Mar. 18, 2010 124 Stat. 85 Pub. L. 11230, title I,  121(h)(1) Sept. 16, 2011 125 Stat. 347 Pub. L. 112141, div. C, title I,  31106 July 6, 2012 126 Stat. 755 Pub. L. 113159, title I,  1101(a)(5)(B) Aug. 8, 2014 128 Stat. 1843 Pub. L. 11421, title I,  1101(a)(5)(B) May 29, 2015 129 Stat. 221 Pub. L. 11441, title I,  1101(a)(5)(B) July 31, 2015 129 Stat. 447 Pub. L. 11473, title I,  1101(a)(5)(B) Oct. 29, 2015 129 Stat. 571 Pub. L. 11487, title I,  1101(a)(5)(B) Nov. 20, 2015 129 Stat. 680  (a)  In General The Administrator of the National Highway Traffic Safety Administration shall establish and administer a program under which at least 3 high-visibility traffic safety law enforcement campaigns will be carried out for the purposes specified in subsection (b) in each of fiscal years 2013 through 2015 and in the period beginning on October 1, 2015 December 4, 2015 October 1, 2015 December 4, 2015 (b)  Purpose The purpose of each law enforcement campaign under this section shall be to achieve outcomes related to at least 1 of the following objectives: (1) Reduce alcohol-impaired or drug-impaired operation of motor vehicles. (2) Increase use of seat belts by occupants of motor vehicles. (c)  Advertising The Administrator may use, or authorize the use of, funds available to carry out this section to pay for the development, production, and use of broadcast and print media advertising and Internet-based outreach in carrying out traffic safety law enforcement campaigns under this section. Consideration shall be given to advertising directed at non-English speaking populations, including those who listen, read, or watch nontraditional media. (d)  Coordination With States The Administrator shall coordinate with the States in carrying out the traffic safety law enforcement campaigns under this section, including advertising funded under subsection (c), with a view to (1) relying on States to provide the law enforcement resources for the campaigns out of funding available under this section and sections 402, 405, [former] 406, and [former] 410 of title 23, United States Code; and (2) providing out of National Highway Traffic Safety Administration resources most of the means necessary for national advertising and education efforts associated with the law enforcement campaigns. (e)  Use of Funds Funds made available to carry out this section may only be used for activities described in subsection (c). (f)  State Defined The term State has the meaning such term has under section 401 of title 23 Motorcyclist Safety Pub. L. 10959, title II,  2010 Aug. 10, 2005 119 Stat. 1535 Pub. L. 111147, title IV,  421(i)(1) Mar. 18, 2010 124 Stat. 85 Pub. L. 11230, title I,  121(i)(1) Sept. 16, 2011 125 Stat. 347 Pub. L. 112141, div. C, title I,  31109(g) July 6, 2012 126 Stat. 757 First Responder Vehicle Safety Program Pub. L. 10959, title II,  2014 Aug. 10, 2005 119 Stat. 1540 Pub. L. 112141, div. C, title I,  31109(j) July 6, 2012 126 Stat. 757 Law Enforcement Training Pub. L. 10959, title II,  2017(b) Aug. 10, 2005 119 Stat. 1542 Pub. L. 111147, title IV,  421(n)(2) Mar. 18, 2010 124 Stat. 86 Pub. L. 11230, title I,  121(n)(2) Sept. 16, 2011 125 Stat. 348 Pub. L. 112141, div. C, title I,  31109 l July 6, 2012 126 Stat. 757 Oct. 1, 2012 National Bicycle Safety Education Curriculum Pub. L. 105178, title I,  1202(e) June 9, 1998 112 Stat. 170  (1)  Development The Secretary is authorized to develop a national bicycle safety education curriculum that may include courses relating to on-road training. (2)  Report Not later than 12 months after the date of enactment of this Act [ June 9, 1998 (3)  Funding From amounts made available under section 210 [probably should be section 206], the Secretary may use not to exceed $500,000 for fiscal year 1999 to carry out this subsection. Bicycle and Pedestrian Safety Grants Pub. L. 105178, title I,  1212(i) o June 9, 1998 112 Stat. 196 Pub. L. 105206, title IX,  9003(e)(5) July 22, 1998 112 Stat. 840 Pub. L. 10888,  5(a)(8) Sept. 30, 2003 117 Stat. 1114 Pub. L. 108202,  5(a)(8) Feb. 29, 2004 118 Stat. 481 Pub. L. 108224,  4(a)(8) Apr. 30, 2004 118 Stat. 629 Pub. L. 108263,  4(a)(8) June 30, 2004 118 Stat. 700 Pub. L. 108280,  4(a)(8) July 30, 2004 118 Stat. 879 Pub. L. 108310,  5(a)(8) Sept. 30, 2004 118 Stat. 1149 Pub. L. 10914,  4(a)(8) May 31, 2005 119 Stat. 326 Pub. L. 10920,  4(a)(8) July 1, 2005 119 Stat. 348 Pub. L. 10935,  4(a)(8) July 20, 2005 119 Stat. 381 Pub. L. 10937,  4(a)(8) July 22, 2005 119 Stat. 396 Pub. L. 10940,  4(a)(8) July 28, 2005 119 Stat. 412 Pub. L. 10959, title I,  1111(b)(4) Aug. 10, 2005 119 Stat. 1171  (1)  In general The Secretary shall make grants to a national, not-for-profit organization engaged in promoting bicycle and pedestrian safety (A) to operate a national bicycle and pedestrian clearinghouse; (B) to develop information and educational programs; and (C) to disseminate techniques and strategies for improving bicycle and pedestrian safety. (2)  Authorization of appropriations There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection $500,000 for each of fiscal years 1998 through 2004 and $415,000 for the period of October 1, 2004 July 30, 2005 (3)  Applicability of title 23 Funds authorized by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the funds shall remain available until expended. Highway Safety Education and Information Pub. L. 105178, title II,  2001(f) June 9, 1998 112 Stat. 325  (1)  In general For fiscal years 1999 and 2000, the Secretary shall allow any State to use funds apportioned to the State under section 402 of title 23 (2)  Reports by states Any State that uses funds described in paragraph (1) for purchasing television and radio time for highway safety public service messages shall submit to the Secretary a report describing, and assessing the effectiveness of, the messages. (3)  Study Based on information contained in the reports submitted under paragraph (2), the Secretary shall prepare and transmit to Congress a report on the effectiveness of purchasing television and radio time for highway safety public service messages using funds described in paragraph (1). Evaluation of Handicapped Parking System Pub. L. 102240, title I,  1088 Dec. 18, 1991 105 Stat. 2022 Pub. L. 100641 102 Stat. 3335 Dec. 18, 1991 Obligation Limitation Pub. L. 102240, title II,  2009(b) Dec. 18, 1991 105 Stat. 2080 If an obligation limitation is placed on sums authorized to be appropriated to carry out section 402 of title 23 section 410 of this title Pub. L. 97364 section 401 of this title Handicapped Parking System Pub. L. 100641,  3 Nov. 9, 1988 102 Stat. 3335  (a)  Regulations Not later than the 180th day following the date of the enactment of this Act [ Nov. 9, 1988 (1) which establish a uniform system for handicapped parking designed to enhance the safety of handicapped individuals, and (2) which encourage adoption of such system by all the States. In issuing such regulations, the Secretary shall consult the States. (b)  Definitions For purposes of this section (1)  Uniform system for handicapped parking A uniform system for handicapped parking designed to enhance the safety of handicapped individuals is a system which (A) adopts the International Symbol of Access (as adopted by Rehabilitation International in 1969 at its 11th World Congress on Rehabilitation of the Disabled) as the only recognized symbol for the identification of vehicles used for transporting individuals with handicaps which limit or impair the ability to walk; (B) provides for the issuance of license plates displaying the International Symbol of Access for vehicles which will be used to transport individuals with handicaps which limit or impair the ability to walk, under criteria determined by the State; (C) provides for the issuance of removable windshield placards (displaying the International Symbol of Access) to individuals with handicaps which limit or impair the ability to walk, under criteria determined by the State; (D) provides that fees charged for the licensing or registration of a vehicle used to transport individuals with handicaps do not exceed fees charged for the licensing or registration of other similar vehicles operated in the State; and (E) for purposes of easy access parking, recognizes licenses and placards displaying the International Symbol of Access which have been issued by other States and countries. (2)  State The term State has the meaning such term has when used in chapter 4 of title 23, United States Code. Parking for Handicapped Persons; Study and Report; Proposed Uniform State Law Pub. L. 10017, title I,  161 Apr. 2, 1987 101 Stat. 212  (a)  Study The Secretary shall conduct a study for the purpose of determining (1) any problems encountered by handicapped persons in parking motor vehicles; and (2) whether or not each State should establish parking privileges for handicapped persons and grant to nonresidents of the State the same parking privileges as are granted to residents. (b)  Report Not later than 180 days after the date of the enactment of this Act [ Apr. 2, 1987 (c)  Development of Proposed Uniform State Law. (1)  Requirement If the Secretary determines under subsection (a) that each State should establish parking privileges for handicapped persons and grant to nonresidents of the State the same parking privileges as are granted to residents, the Secretary shall develop a proposed uniform State law with respect to parking privileges for handicapped persons and submit a copy of the proposed uniform State law to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives and each State. (2)  Factors to consider In developing the proposed uniform State law, the Secretary shall consult with the States and shall consider any advantages (A) of ensuring that parking privileges for handicapped persons may be utilized whether a handicapped person is a passenger or a driver; (B) of the use of the international symbol of access as the exclusive symbol identifying parking zones for handicapped persons and identifying vehicles that may park in such parking zones; (C) of displaying the international symbol of access on license plates or license plate decals and on identification placards; and (D) of designing any identification placard so that the placard is easily visible when placed in the interior of any vehicle. (3)  Report If a proposed uniform State law with respect to parking privileges for handicapped persons is developed and submitted to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives under paragraph (1), within 12 months after the date of such submission and each year thereafter, the Secretary shall report to such committees on the extent to which each State has adopted the proposed uniform State law. [For termination, effective May 15, 2000 section 161(c)(3) of Pub. L. 10017 section 3003 of Pub. L. 10466 section 1113 of Title 31 Schoolbus Safety Measures; Study by National Academy of Sciences and Report; Publication of List of Most Effective Safety Measures in Federal Register; Schoolbus Safety Grant Program Pub. L. 10017, title II,  204 Apr. 2, 1987 101 Stat. 219  (a)  Study. (1)  National academy of sciences Not later than 30 days after the date of the enactment of this Act [ Apr. 2, 1987 (2)  Report In entering into any arrangements with the National Academy of Sciences for conducting the study and investigation under this subsection, the Secretary shall request the National Academy of Sciences to submit, not later than 18 months after the date on which such arrangements are completed, to Congress and the Secretary a report on the results of such study and investigation. The report shall contain a list of those safety measures determined by the Academy to be most effective in protecting the safety of schoolchildren while boarding, leaving, and riding in schoolbuses. (3)  Review of report Upon receipt of the report under paragraph (2), the Secretary shall review such report for the purpose of determining those safety measures that are the most effective in protecting the safety of schoolchildren while boarding, leaving, and riding in schoolbuses. Not later than 2 months after the date of receipt of such report, the Secretary shall publish in the Federal Register a list of those safety measures which the Secretary determines are the most effective in protecting the safety of such children. (4)  Information Upon request of the National Academy of Sciences, the Secretary shall furnish to the Academy any information which the Academy deems necessary for the purpose of conducting the study and investigation under this subsection. (b)  Schoolbus Safety Grant Program. (1)  Set-aside Before apportioning any funds made available to carry out section 402 of title 23 (2)  Application Any State interested in receiving under this subsection a grant to implement schoolbus safety measures in fiscal year 1989, 1990, or 1991 shall submit to the Secretary an application for such grant. Applications under this subsection shall be submitted at such time and in such form and contain such information as the Secretary may require by regulation. (3)  Limitation No State shall receive more than 30 percent of the funds set aside pursuant to this subsection for any fiscal year in grants under this subsection. Special Parking Privileges for Handicapped Persons Pub. L. 9878, title III,  321 Aug. 15, 1983 97 Stat. 473  (a) The Congress finds that (1) in this Nation there exist millions of handicapped people with severe physical impairments including partial paralysis, limb amputation, chronic heart condition, emphysema, arthritis, rheumatism, and other debilitating conditions which greatly limit their personal mobility; (2) these people reside in each of the several States and have need and reason to travel from one State to another for business and recreational purposes; (3) each State maintains the right to establish and enforce its own code of regulations regarding the appropriate use of motor vehicles operating within its jurisdiction; (4) within a given State handicapped individuals are oftentimes granted special parking privileges to help offset the limitations imposed by their physical impairment; (5) these special parking privileges vary from State to State as do the methods and means of identifying vehicles used by disabled individuals, all of which serve to impede both the enforcement of special parking privileges and the handicapped individuals freedom to properly utilize such privileges; (6) there are many efforts currently underway to help alleviate these problems through public awareness and administrative change as encouraged by concerned individuals and national associations directly involved in matters relating to the issue of special parking privileges for disabled individuals; and (7) despite these efforts the fact remains that many States may need to give the matter legislative consideration to ensure a proper resolution of this issue, especially as it relates to law enforcement and placard responsibility. (b) The Congress encourages each of the several States working through the National Governors Conference to (1) adopt the International Symbol of Access as the only recognized and adopted symbol to be used to identify vehicles carrying those citizens with acknowledged physical impairments; (2) grant to vehicles displaying this symbol the special parking privileges which a State may provide; and (3) permit the International Symbol of Access to appear either on a specialized license plate, or on a specialized placard placed in the vehicles so as to be clearly visible through the front windshield, or on both such places. (c) It is the sense of the Congress that agreements of reciprocity relating to the special parking privileges granted handicapped individuals should be developed and entered into by and between the several States so as to (1) facilitate the free and unencumbered use between the several States, of the special parking privileges afforded those people with acknowledged handicapped conditions, without regard to the State of residence of the handicapped person utilizing such privilege; (2) improve the ease of law enforcement in each State of its special parking privileges and to facilitate the handling of violators; and (3) ensure that motor vehicles carrying individuals with acknowledged handicapped conditions be given fair and predictable treatment throughout the Nation. (d) As used in this section the term State means the several States and the District of Columbia. (e) The Secretary of Transportation shall provide a copy of this section to the Governor of each State and the Mayor of the District of Columbia. Motorcycle Helmet Study Pub. L. 95599, title II,  210 Nov. 6, 1978 92 Stat. 2733 Nov. 6, 1978 Study of Methods of Encouraging Use of Safety Belts in Automobiles Pub. L. 95599, title II,  214 Nov. 6, 1978 92 Stat. 2734 Nov. 6, 1978 Evaluation of Safety Standards; Report to Congress Pub. L. 94280, title II,  208(b) May 5, 1976 90 Stat. 454 May 5, 1976 July 1, 1977 Report to Congress by July 1, 1967 Pub. L. 89564, title II,  203 Sept. 9, 1966 80 Stat. 736 July 1, 1967 section 402 of this title Authorization of Appropriations Pub. L. 89564, title I,  104 Sept. 9, 1966 80 Stat. 735 June 30, 1967 Study of Relationship Between Consumption of Alcohol and Highway Safety Pub. L. 89564, title II,  204 Sept. 9, 1966 80 Stat. 736 Pub. L. 97449,  2(a) Jan. 12, 1983 96 Stat. 2439 July 1, 1967 Executive Documents  Ex. Ord. No. 13043. Increasing Seat Belt Use in the United States Ex. Ord. No. 13043, Apr. 16, 1997 Sept. 30, 2013 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Highway Safety Act of 1966, 23 U.S.C. 402 section 7902(c) of title 5 29 U.S.C. 668 Section Policies Seat Belt Use by Federal Employees (b) Seat Belt Use in National Parks and on Defense Installations (c) Seat Belt Use by Government Contractors, Subcontractors and Grantees (d) Tribal Governments Sec Scope of Order 5 U.S.C. 101 Sec Coordination Sec Other Powers and Duties 23 U.S.C. 402 29 U.S.C. 668 29 U.S.C. 151 et seq Sec General Provisions September 26, 1986 (b) If any provision of this order or application of any such provision is held to be invalid, the remainder of this order and other applications of such provision shall not be affected. (c) Nothing in this order shall be construed to create a new cause of action against the United States, or to alter in any way the United States liability under the Federal Tort Claims Act, 28 U.S.C. 2671 (d) The Secretary of Defense shall implement the provisions of this order insofar as practicable for vehicles of the Department of Defense. (e) The Secretary of the Treasury and the Attorney General, consistent with their protective and law enforcement responsibilities, shall determine the extent to which the requirements of this order apply to the protective and law enforcement activities of their respective agencies.  Ex. Ord. No. 13513. Federal Leadership On Reducing Text Messaging While Driving Ex. Ord. No. 13513, Oct. 1, 2009 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 7902(c) of title 5 40 U.S.C. 101 et seq section 101 of Title 41 Section Policy Sec Text Messaging While Driving by Federal Employees Sec Scope of Order (b) Within 90 days of the date of this order, each agency is directed, consistent with all applicable laws and regulations: (i) to take appropriate measures to implement this order, (ii) to adopt measures to ensure compliance with section 2 of this order, including through appropriate disciplinary actions, and (iii) to notify the Secretary of Transportation of the measures it undertakes hereunder. (c) Agency heads may exempt from the requirements of this order, in whole or in part, certain employees, devices, or vehicles in their respective agencies that are engaged in or used for protective, law enforcement, or national security responsibilities or on the basis of other emergency conditions. Sec Text Messaging While Driving by Government Contractors, Subcontractors, and Recipients and Subrecipients Sec Coordination Sec Definitions (a) The term agency as used in this order means an executive agency, as defined in 5 U.S.C. 105 (b) Texting or Text Messaging means reading from or entering data into any handheld or other electronic device, including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. (c) Driving means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. Sec General Provisions (i) Authority granted by law or Executive Order to an agency, or the head thereof; (ii) Powers and duties of the heads of the various departments and agencies pursuant to the Highway Safety Act of 1966, as amended, 23 U.S.C. 402 29 U.S.C. 668 40 U.S.C. 101 et seq (iii) Rights, duties, or procedures under the National Labor Relations Act, 29 U.S.C. 151 et seq (iv) Functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.  Barack Obama.  403. Highway safety research and development (a)  Defined Term In this section, the term Federal laboratory includes (1) a government-owned, government-operated laboratory; and (2) a government-owned, contractor-operated laboratory. (b)  General Authority. (1)  Research and development activities The Secretary may conduct research and development activities, including demonstration projects, training, education, and the collection and analysis of highway and motor vehicle safety data and related information needed to carry out this section, with respect to (A) all aspects of highway and traffic safety systems and conditions relating to (i) vehicle, highway, driver, passenger, motorcyclist, bicyclist, and pedestrian characteristics; (ii) crash causation and investigations; (iii) communications; and (iv) emergency medical services, including the transportation of the injured; (B) human behavioral factors and their effect on highway and traffic safety, including (i) driver education; (ii) impaired driving; and (iii) distracted driving; (C) an evaluation of the effectiveness of countermeasures to increase highway and traffic safety, including occupant protection and alcohol- and drug-impaired driving technologies and initiatives; (D) the development of technologies to detect drug impaired drivers; (E) research on, evaluations of, and identification of best practices related to driver education programs (including driver education curricula, instructor training and certification, program administration, and delivery mechanisms) and make recommendations for harmonizing driver education and multistage graduated licensing systems; and (F) the effect of State laws on any aspects, activities, or programs described in subparagraphs (A) through (E). (2)  Cooperation, grants, and contracts The Secretary may carry out this section (A) independently; (B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; (C) by entering into contracts, cooperative agreements, and other transactions with the National Academy of Sciences, any Federal laboratory, State or local agency, authority, association, institution, foreign government (in coordination with the Department of State) or person (as defined in chapter 1 of title 1); or (D) by making grants to the National Academy of Sciences, any Federal laboratory, State or local agency, authority, association, institution, or person (as defined in chapter 1 of title 1). (c)  Collaborative Research and Development. (1)  In general To encourage innovative solutions to highway safety problems, stimulate voluntary improvements in highway safety, and stimulate the marketing of new highway safety related technology by private industry, the Secretary is authorized to carry out, on a cost-shared basis, collaborative research and development with (A) non-Federal entities, including State and local governments, foreign governments, colleges, universities, corporations, partnerships, sole proprietorships, organizations, and trade associations that are incorporated or established under the laws of any State or the United States; and (B) Federal laboratories. (2)  Agreements In carrying out this subsection, the Secretary may enter into cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a (3)  Use of technology The research, development, or use of any technology pursuant to an agreement under this subsection, including the terms under which technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3701 (d)  Title to Equipment In furtherance of the purposes set forth in section 402, the Secretary may vest title to equipment purchased for demonstration projects with funds authorized under this section to State or local agencies on such terms and conditions as the Secretary determines to be appropriate. (e)  Prohibition on Certain Disclosures Any report of the National Highway Traffic Safety Administration, or of any officer, employee, or contractor of the National Highway Traffic Safety Administration, relating to any highway traffic crash or the investigation of such crash conducted pursuant to this chapter or chapter 301 of title 49 may only be made available to the public in a manner that does not identify individuals. (f)  Cooperative Research and Evaluation. (1)  Establishment and funding Notwithstanding the apportionment formula set forth in section 402(c)(2), $3,500,000 of the total amount available for apportionment to the States for highway safety programs under section 402(c) in each fiscal year shall be available for expenditure by the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, for a cooperative research and evaluation program to research and evaluate priority highway safety countermeasures. (2)  Administration The program established under paragraph (1) (A) shall be administered by the Administrator of the National Highway Traffic Safety Administration; and (B) shall be jointly managed by the Governors Highway Safety Association and the National Highway Traffic Safety Administration. (g)  International Cooperation The Administrator of the National Highway Traffic Safety Administration may participate and cooperate in international activities to enhance highway safety. (h)  In-vehicle Alcohol Detection Device Research. (1)  Definitions In this subsection: (A)  Alcohol-impaired driving The term alcohol-impaired driving means the operation of a motor vehicle (as defined in section 30102(a) of title 49 (B)  Legal limit The term legal limit means a blood alcohol concentration of 0.08 percent or greater (as set forth in section 163(a)) or such other percentage limitation as may be established by applicable Federal, State, or local law. (2)  In general The Administrator of the National Highway Traffic Safety Administration shall carry out a collaborative research effort under chapter 301 of title 49 on in-vehicle technology to prevent alcohol-impaired driving. (3)  Funding The Secretary shall obligate from funds made available to carry out this section for the period covering fiscal years 2022 through 2025, not more than $45,000,000 to conduct the research described in paragraph (2). (4)  Privacy protection The Administrator shall not develop requirements for any device or means of technology to be installed in an automobile intended for retail sale that records a drivers blood alcohol concentration. (5)  Reports The Administrator shall submit an annual report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and Committee on Science, Space, and Technology of the House of Representatives that (A) describes the progress made in carrying out the collaborative research effort; and (B) includes an accounting for the use of Federal funds obligated or expended in carrying out that effort. (i)  Limitation on Drug and Alcohol Survey Data The Secretary shall establish procedures and guidelines to ensure that any person participating in a program or activity that collects data on drug or alcohol use by drivers of motor vehicles and is carried out under this section is informed that the program or activity is voluntary. (j)  Federal Share The Federal share of the cost of any project or activity carried out under this section may be not more than 100 percent. (k)  Child Safety Campaign. (1)  In general The Secretary shall carry out an education campaign to reduce the incidence of vehicular heatstroke of children left in passenger motor vehicles (as defined in section 30102(a) of title 49 (2)  Advertising The Secretary may use, or authorize the use of, funds made available to carry out this section to pay for the development, production, and use of broadcast and print media advertising and Internet-based outreach for the education campaign under paragraph (1). (3)  Coordination In carrying out the education campaign under paragraph (1), the Secretary shall coordinate with (A) interested State and local governments; (B) private industry; and (C) other parties, as determined by the Secretary. (l)  Development of State Processes for Informing Consumers of Recalls. (1)  Definitions In this subsection: (A)  Motor vehicle The term motor vehicle has the meaning given the term in section 30102(a) of title 49 (B)  Open recall The term open recall means a motor vehicle recall (i) for which a notification by a manufacturer has been provided under section 30119 of title 49 (ii) that has not been remedied under section 30120 of that title. (C)  Program The term program means the program established under paragraph (2)(A). (D)  Registration The term registration means the process for registering a motor vehicle in a State (including registration renewal). (E)  State The term State has the meaning given the term in section 101(a). (2)  Grants. (A)  Establishment of program Not later than 2 years after the date of enactment of this subsection, the Secretary shall establish a program under which the Secretary shall provide grants to States for use in developing and implementing State processes for informing each applicable owner and lessee of a motor vehicle of any open recall on the motor vehicle at the time of registration of the motor vehicle in the State, in accordance with this paragraph. (B)  Eligibility To be eligible to receive a grant under the program, a State shall (i) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (ii) agree (I) to notify each owner or lessee of a motor vehicle presented for registration in the State of any open recall on that motor vehicle; and (II) to provide to each owner or lessee of a motor vehicle presented for registration, at no cost (aa) the open recall information for the motor vehicle; and (bb) such other information as the Secretary may require. (C)  Factors for consideration In selecting grant recipients under the program, the Secretary shall take into consideration the methodology of a State for (i) identifying open recalls on a motor vehicle; (ii) informing each owner and lessee of a motor vehicle of an open recall; and (iii) measuring performance in (I) informing owners and lessees of open recalls; and (II) remedying open recalls. (D)  Performance period A grant provided under the program shall require a performance period of 2 years. (E)  Report Not later than 90 days after the date of completion of the performance period under subparagraph (D), each State that receives a grant under the program shall submit to the Secretary a report that contains such information as the Secretary considers to be necessary to evaluate the extent to which open recalls have been remedied in the State. (F)  No regulations required Notwithstanding any other provision of law, the Secretary shall not be required to issue any regulations to carry out the program. (3)  Paperwork reduction act Chapter 35 of title 44 (commonly known as the Paperwork Reduction Act) shall not apply to information collected under the program. (4)  Funding. (A)  In general For each of fiscal years 2022 through 2026, the Secretary shall obligate from funds made available to carry out this section $1,500,000 to carry out the program. (B)  Reallocation To ensure, to the maximum extent practicable, that all amounts described in subparagraph (A) are obligated each fiscal year, the Secretary, before the last day of any fiscal year, may reallocate any of those amounts remaining available to increase the amounts made available to carry out any other activities authorized under this section. (m)  Innovative Highway Safety Countermeasures. (1)  In general In conducting research under this section, the Secretary shall evaluate the effectiveness of innovative behavioral traffic safety countermeasures, other than traffic enforcement, that are considered promising or likely to be effective for the purpose of enriching revisions to the document entitled Countermeasures That Work: A Highway Safety Countermeasure Guide for State Highway Safety Offices, Ninth Edition and numbered DOT HS 812 478 (or any successor document). (2)  Treatment The research described in paragraph (1) shall be in addition to any other research carried out under this section. (Added Pub. L. 89564, title I,  101 Sept. 9, 1966 80 Stat. 733 Pub. L. 9387, title II Aug. 13, 1973 87 Stat. 286 Pub. L. 102240, title II,  2003 Dec. 18, 1991 105 Stat. 2071 Pub. L. 105178, title II,  2002(a) June 9, 1998 112 Stat. 325 Pub. L. 10959, title II Aug. 10, 2005 119 Stat. 1522 Pub. L. 112141, div. C, title I,  31103 July 6, 2012 126 Stat. 739 Pub. L. 113159, title I,  1101(b) Aug. 8, 2014 128 Stat. 1843 Pub. L. 11421, title I,  1101(b) May 29, 2015 129 Stat. 221 Pub. L. 11441, title I,  1101(b) July 31, 2015 129 Stat. 448 Pub. L. 11473, title I,  1101(b) Oct. 29, 2015 129 Stat. 571 Pub. L. 11487, title I,  1101(b) Nov. 20, 2015 129 Stat. 680 Pub. L. 11494, div. A, title IV Dec. 4, 2015 129 Stat. 1500 Pub. L. 116159, div. B, title I,  1103 Oct. 1, 2020 134 Stat. 726 Pub. L. 11758, div. B, title IV,  24103 Nov. 15, 2021 135 Stat. 792  Editorial Notes  References in Text The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (c)(3), is Pub. L. 96480 Oct. 21, 1980 94 Stat. 2311 section 3701 of Title 15 The date of enactment of this subsection, referred to in subsec. ( l Pub. L. 11758 Nov. 15, 2021 Amendments 2021 Pub. L. 11758,  24103(1) Subsec. (b)(1). Pub. L. 11758,  24103(2) Subsec. (f)(1). Pub. L. 11758,  24103(3) October 1, 2015 October 1, 2015 December 4, 2015 Subsec. (h)(1). Pub. L. 11758,  24103(4)(C) Subsec. (h)(2). Pub. L. 11758,  24103(4)(C) Pub. L. 11758,  24103(4)(A) Subsec. (h)(3) to (5). Pub. L. 11758,  24103(4)(C) Subsec. (h)(5)(A). Pub. L. 11758,  24103(4)(B) Subsecs. (k) to (m). Pub. L. 11758,  24103(5) 2020Subsec. (h)(2). Pub. L. 116159 2015Subsec. (b)(2)(C). Pub. L. 11494,  24202(b)(1) Subsec. (c)(1)(A). Pub. L. 11494,  24202(b)(2) Subsec. (e). Pub. L. 11494,  4014(2) Subsec. (f)(1). Pub. L. 11487 October 1, 2015 December 4, 2015 October 1, 2015 November 20, 2015 Pub. L. 11473 October 1, 2015 November 20, 2015 October 1, 2015 October 29, 2015 Pub. L. 11441 October 1, 2015 October 1, 2015 October 29, 2015 October 1, 2014 October 1, 2014 July 31, 2015 Pub. L. 11421 October 1, 2014 July 31, 2015 October 1, 2014 May 31, 2015 Subsec. (h)(1). Pub. L. 11494,  4003(1)(A) Subsec. (h)(2). Pub. L. 11494,  4003(1)(B) Subsec. (h)(3). Pub. L. 11494,  4003(1)(C) Subsec. (h)(4). Pub. L. 11494,  4003(1)(D) Subsecs. (i), (j). Pub. L. 11494,  4003(2) 2014Subsec. (f)(1). Pub. L. 113159 October 1, 2014 October 1, 2014 May 31, 2015 2012Subsecs. (a) to (f). Pub. L. 112141,  31103(1) Subsec. (h). Pub. L. 112141,  31103(2) 2005Subsec. (a). Pub. L. 10959,  2003(a) Subsec. (b)(5), (6). Pub. L. 10959,  2013(e) Subsec. (g). Pub. L. 10959,  2003(b) 1998Subsec. (a)(2)(A). Pub. L. 105178,  2002(a) Subsec. (b)(3), (4). Pub. L. 105178,  2002(b)(1) 1991Subsec. (a). Pub. L. 102240,  2003(a) section 307 of this title Subsec. (b). Pub. L. 102240,  2003(a) (1) The relationship between the consumption and use of drugs and their effect upon highway safety and drivers of motor vehicles; and (2) Driver behavior research, including the characteristics of driver performance, the relationships of mental and physical abilities or disabilities to the driving task, and the relationship of frequency of driver accident involvement to highway safety. Subsec. (c). Pub. L. 102240,  2003(c) Subsec. (f). Pub. L. 102240,  2003(b) July 1, 1975 1973Subsec. (a). Pub. L. 9387 Subsecs. (b), (c). Pub. L. 9387,  208(a) Subsecs. (d) to (f). Pub. L. 9387 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by div. A of Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 2005 Amendment Amendment by section 2003(a), (b) of Pub. L. 10959 Oct. 1, 2005 section 2022 of Pub. L. 10959 section 402 of this title Effective Date of 1991 Amendment Amendment by Pub. L. 102240 Dec. 18, 1991 Sept. 30, 1991 Dec. 18, 1991 section 2008 of Pub. L. 102240 section 402 of this title Termination of Reporting Requirements For termination, effective May 15, 2000 section 3003 of Pub. L. 10466 section 1113 of Title 31 Research on Distracted, Inattentive, and Fatigued Drivers Pub. L. 10959, title II,  2003(d) Aug. 10, 2005 119 Stat. 1523 In conducting research under section 403(a)(3) of title 23 Drug-Impaired Driving Enforcement Pub. L. 10959, title II,  2013 Aug. 10, 2005 119 Stat. 1539 Pub. L. 111147, title IV,  421(m) Mar. 18, 2010 124 Stat. 86 Pub. L. 11230, title I,  121(m) Sept. 16, 2011 125 Stat. 348 Pub. L. 112141, div. C, title I,  31109(i) July 6, 2012 126 Stat. 757 Safety Studies Pub. L. 105178, title II,  2007 June 9, 1998 112 Stat. 336 June 9, 1998 School Transportation Safety Pub. L. 105178, title IV,  4030 June 9, 1998 112 Stat. 418  (a)  Study Not later than 3 months after the date of enactment of this Act [ June 9, 1998 (b)  Terms of Agreement The agreement under subsection (a) shall provide that (1) the Transportation Research Board, in conducting the study, shall consider (A) in consultation with the National Transportation Safety Board, the Bureau of Transportation Statistics, and other relevant entities, available crash injury data; (B) vehicle design and driver training requirements, routing, and operational factors that affect safety; and (C) other factors that the Secretary considers to be appropriate; (2) if the data referred to in paragraph (1)(A) is unavailable or insufficient, the Transportation Research Board shall recommend a new data collection regimen and implementation guidelines; and (3) a panel shall conduct the study and shall include (A) representatives of (i) highway safety organizations; (ii) school transportation; (iii) mass transportation operators; (iv) employee organizations; and (v) bicycling organizations; (B) academic and policy analysts; and (C) other interested parties. (c)  Report Not later than 12 months after the Secretary enters into an agreement under subsection (a), the Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains the results of the study. (d)  Authorization There are authorized to be appropriated to the Department of Transportation to carry out this section $200,000 for fiscal year 2000 and $200,000 for fiscal year 2001. Such sums shall remain available until expended. Drug Recognition Expert Training Program Pub. L. 102240, title II,  2006 Dec. 18, 1991 105 Stat. 2079  (a)  Establishment The Secretary, acting through the National Highway Traffic Safety Administration, shall establish a regional program for implementation of drug recognition programs and for training law enforcement officers (including enforcement officials under the motor carrier safety assistance program) to recognize and identify individuals who are operating a motor vehicle while under the influence of alcohol or one or more controlled substances or other drugs. (b)  Advisory Committee The Secretary shall establish a citizens advisory committee that shall report to Congress annually on the progress of the implementation of subsection (a). Members of the committee shall include 1 member of each of the following: Mothers Against Drunk Driving; a narcotics control organization; American Medical Association; American Bar Association; and such other organizations as the Secretary deems appropriate. The committee shall be subject to the provisions of the [Federal] Advisory Committee Act [see 5 U.S.C. 1001 Dec. 18, 1991 (c)  Authorization of Appropriations There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $4,000,000 for each of fiscal years 1992 through 1997. (d)  Definition For purposes of this section, the term controlled substance means any controlled substance, as defined under section 102(6) of the Controlled Substances Act ( 21 U.S.C. 802(6) Pilot Program for Drug Recognition Expert Training Pub. L. 100690, title IX,  9004 Nov. 18, 1988 102 Stat. 4525 Pilot Grant Program for Random Testing for Illegal Drug Use Pub. L. 100690, title IX,  9005 Nov. 18, 1988 102 Stat. 4526  (a)  Establishment of Pilot Program The Secretary shall design, within 9 months after the date of the enactment of this Act [ Nov. 18, 1988 (b)  State Participation The Secretary shall solicit the participation of States from those States interested in participating in such a program not more than 4 States to participate in the program. (c)  State Selection Process The Secretary shall ensure that the selection made pursuant to this section is representative of varying geographical and population characteristics of the Nation, and takes into consideration the historical geographical incidence of motor vehicle accidents involving loss of human life. In selecting the States for participation, the Secretary shall attempt to solicit States which meet the following criteria: (1) One of the States shall be a western State which is one of the 3 most populous States, with numerous large cities, with at least one city exceeding 7,000,000 people. The State should have a diverse demographic population with larger than average drug use according to reliable surveys. (2) One of the remaining States should be a southern State, one a northeastern State, and one a central State. (3) One of the remaining States should be mainly rural and among the least populous States. (4) One of the remaining States should have less than average drug use according to reliable surveys. (d)  Length of Program The pilot program authorized by this section shall continue for a period of 1 year. The Secretary shall consider alternative methodologies for implementing a system of random testing of such individuals. (e)  Requirements for State Participation. (1)  Persons to be tested Each State participating in the test program shall test for controlled substances in accordance with paragraph (2) individuals who (A) are applicants seeking the privilege to drive, and (B) have never been issued a drivers license by any State. (2)  Types of testing To deter drug use and promote highway safety, all individuals described in paragraph (1) shall be subject to random testing (A) prior to issuance of drivers licenses, and (B) during the first year following the date of issuance of such licenses. (3)  Denial of driving privileges Each State participating in the test program shall deny an individual driving privileges if drug testing required by paragraph (1) indicates that such individual has used illicit drugs, with such denial lasting for a period of at least 1 year following such test or subsequent confirmatory test. (4)  Reinstitution of driving privileges The program described in paragraph (3) may allow for reinstitution of driving privileges after a period of 3 months if such reinstitution is accompanied by a requirement that the individual be available for a period of 9 months for drug testing on a regular basis. If any such test indicates that the individual has used illicit drugs, then driving privileges must be denied for 1 year following such test or confirmatory test. (f)  Regulations The Secretary may issue regulations to assist States in implementing the programs described in subsection (e) and to grant temporary exceptions in appropriate circumstances. (g)  Report Not later than 30 months after the date of the enactment of this Act [ Nov. 18, 1988 (h)  Authorization of Appropriations For purposes of carrying out this test program, there is authorized to be appropriated $5,000,000 for fiscal year 1990. (i)  Definitions For purposes of this section (1)  Controlled substance The term controlled substance means any controlled substance as defined under section 102(6) of the Controlled Substance Act ( 21 U.S.C. 802(6) (2)  Secretary The term Secretary means the Secretary of Transportation. (3)  State The term State has the meaning such term has when used in chapter 1 of title 23, United States Code. Drug and Highway Safety Study and Report Pub. L. 99570, title III,  3402 Oct. 27, 1986 100 Stat. 3207102 Oct. 27, 1986 National Driver Register Study Pub. L. 95599, title II,  204 Nov. 6, 1978 92 Stat. 2729 Nov. 6, 1978 Detection and Prevention of Marijuana and Other Drug Use by Operators of Motor Vehicles Pub. L. 95599, title II,  212 Nov. 6, 1978 92 Stat. 2734 Dec. 31, 1979 Form and Use of Reports of Highway Traffic Accidents or Research Projects in Court; Availability to Public Pub. L. 89564, title I,  106 Sept. 9, 1966 80 Stat. 735 Pub. L. 105178, title V,  5119(f) June 9, 1998 112 Stat. 452 All facts contained in any report of any Federal department or agency or any officer, employee, or agent thereof, relating to any highway traffic accident or the investigation thereof conducted pursuant to chapter 4 of title 23 of the United States Code shall be available for use in any civil, criminal, or other judicial proceeding arising out of such accident, and any such officer, employee, or agent may be required to testify in such proceedings as to the facts developed in such investigation. Any such report shall be made available to the public in a manner which does not identify individuals. All completed reports on research projects, demonstration projects, and other related activities conducted under section 403 and chapter 5 of title 23, United States Code, shall be made available to the public in a manner which does not identify individuals. Appropriations Authorizations Pub. L. 9387, title II,  208(b) Aug. 13, 1973 87 Stat. 286 There is authorized to be appropriated to carry out the amendments made by this section [amending this section] by the National Highway Traffic Safety Administration, out of the Highway Trust Fund, the sum of $10,000,000 per fiscal year for each of the fiscal years ending June 30, 1974 June 30, 1975 June 30, 1976 Pub. L. 9387, title II,  226(b) Aug. 13, 1973 87 Stat. 292 For the purpose of carrying out the amendment made by subsection (a) of this section [amending this section], there is authorized to be appropriated $10,000,000 out of the Highway Trust Fund. Authorization of Additional Appropriations Authorization of appropriation of additional sum of $10,000,000 for the fiscal year ending June 30, 1967 June 30, 1968 June 30, 1969 section 307(a) of this title section 105 of Pub. L. 89564 section 307 of this title  404. High-visibility enforcement program (a)  In General The Secretary shall establish and administer a program under which not less than 3 campaigns will be carried out in each of fiscal years 2022 through 2026. (b)  Purpose The purpose of each campaign carried out under this section shall be to achieve outcomes related to not less than 1 of the following objectives: (1) Reduce alcohol-impaired or drug-impaired operation of motor vehicles. (2) Increase use of seatbelts by occupants of motor vehicles. (c)  Advertising The Secretary may use, or authorize the use of, funds available to carry out this section to pay for the development, production, and use of broadcast and print media advertising and Internet-based outreach in carrying out campaigns under this section. In allocating such funds, consideration shall be given to advertising directed at non-English speaking populations, including those who listen to, read, or watch nontraditional media. (d)  Coordination With States The Secretary shall coordinate with States in carrying out the campaigns under this section, including advertising funded under subsection (c), with consideration given to (1) relying on States to provide law enforcement resources for the campaigns out of funding made available under sections 402 and 405; and (2) providing, out of National Highway Traffic Safety Administration resources, most of the means necessary for national advertising and education efforts associated with the campaigns. (e)  Use of Funds Funds made available to carry out this section may be used only for activities described in subsection (c). (f)  Definitions In this section, the following definitions apply: (1)  Campaign The term campaign means a high-visibility traffic safety law enforcement campaign. (2)  State The term State has the meaning given that term in section 401. (Added Pub. L. 89564, title I,  101 Sept. 9, 1966 80 Stat. 733 Pub. L. 90150 Nov. 24, 1967 81 Stat. 507 Pub. L. 9387, title II,  223 Aug. 13, 1973 87 Stat. 292 Pub. L. 94280, title II,  209 May 5, 1976 90 Stat. 455 Pub. L. 10959, title II,  2019 Aug. 10, 2005 119 Stat. 1543 Pub. L. 11494, div. A, title IV,  4004(a) Dec. 4, 2015 129 Stat. 1500 Pub. L. 11758, div. B, title IV,  24104 Nov. 15, 2021 135 Stat. 795  Editorial Notes Amendments 2021Subsec. (a). Pub. L. 11758 2015 Pub. L. 11494 2005Subsec. (d). Pub. L. 10959 1976Subsec. (a)(1). Pub. L. 94280 1973Subsec. (a)(1). Pub. L. 9387 1967Subsec. (a)(1). Pub. L. 90150,  1(1) Subsec. (a)(2)(A). Pub. L. 90150,  1(2) Sept. 9, 1966 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5  405. National priority safety programs (a)  Program Authority. (1)  In general Subject to the requirements of this section, the Secretary shall (A) manage programs to address national priorities for reducing highway deaths and injuries; and (B) allocate funds for the purpose described in subparagraph (A) in accordance with this subsection. (2)  Occupant protection In each fiscal year, 13 percent of the funds provided under this section shall be allocated among States that adopt and implement effective occupant protection programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles (as described in subsection (b)). (3)  State traffic safety information system improvements In each fiscal year, 14.5 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to State traffic safety information system improvements (as described in subsection (c)). (4)  Impaired driving countermeasures In each fiscal year, 53 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to impaired driving countermeasures (as described in subsection (d)). (5)  Distracted driving In each fiscal year, 8.5 percent of the funds provided under this section shall be allocated among States that adopt and implement effective laws to reduce distracted driving (as described in subsection (e)). (6)  Motorcyclist safety In each fiscal year, 1.5 percent of the funds provided under this section shall be allocated among States that implement motorcyclist safety programs (as described in subsection (f)). (7)  Nonmotorized safety In each fiscal year, 7 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to nonmotorized safety (as described in subsection (g)). (8)  Preventing roadside deaths In each fiscal year, 1 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to preventing roadside deaths under subsection (h). (9)  Driver officer safety education In each fiscal year, 1.5 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to driver and officer safety education under subsection (i). (10)  Transfers Notwithstanding paragraphs (2) through (9), the Secretary shall reallocate, before the last day of any fiscal year, any amounts remaining available to carry out any of the activities described in subsections (b) through (i) to increase the amount made available under section 402, in order to ensure, to the maximum extent possible, that all such amounts are obligated during such fiscal year. (11)  Political subdivisions A State may provide the funds awarded under this section to a political subdivision of the State or an Indian tribal government. (b)  Occupant Protection Grants. (1)  General authority Subject to the requirements under this subsection, the Secretary shall award grants to States that adopt and implement effective occupant protection programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles. (2)  Federal share The Federal share of the costs of activities funded using amounts from grants awarded under this subsection may not exceed 80 percent for each fiscal year for which a State receives a grant. (3)  Eligibility. (A)  High seat belt use rate A State with an observed seat belt use rate of 90 percent or higher, based on the most recent data from a survey that conforms with national criteria established by the National Highway Traffic Safety Administration, shall be eligible for a grant in a fiscal year if the State (i) submits an occupant protection plan during the first fiscal year; (ii) participates in the Click It or Ticket national mobilization; (iii) has an active network of child restraint inspection stations; and (iv) has a plan to recruit, train, and maintain a sufficient number of child passenger safety technicians. (B)  Lower seat belt use rate A State with an observed seat belt use rate below 90 percent, based on the most recent data from a survey that conforms with national criteria established by the National Highway Traffic Safety Administration, shall be eligible for a grant in a fiscal year if (i) the State meets all of the requirements under clauses (i) through (iv) of subparagraph (A); and (ii) the Secretary determines that the State meets at least 3 of the following criteria: (I) The State conducts sustained (on-going and periodic) seat belt enforcement at a defined level of participation during the year. (II) The State has enacted and enforces a primary enforcement seat belt use law. (III) The State has implemented countermeasure programs for high-risk populations, such as drivers on rural roadways, unrestrained nighttime drivers, or teenage drivers. (IV) The State has enacted and enforces occupant protection laws requiring front and rear occupant protection use by all occupants in an age-appropriate restraint. (V) The State has implemented a comprehensive occupant protection program in which the State has (aa) conducted a program assessment; (bb) developed a statewide strategic plan; (cc) designated an occupant protection coordinator; and (dd) established a statewide occupant protection task force. (VI) The State (aa) completed an assessment of its occupant protection program during the 5-year period preceding the grant year; or (bb) will conduct such an assessment during the first year of the grant. (4)  Use of grant amounts. (A)  In general Grant funds received pursuant to this subsection may be used to (i) carry out a program to support high-visibility enforcement mobilizations, including paid media that emphasizes publicity for the program, and law enforcement; (ii) carry out a program to train occupant protection safety professionals, police officers, fire and emergency medical personnel, educators, and parents concerning all aspects of the use of child restraints and occupant protection; (iii) carry out a program to educate the public concerning the proper use and installation of child restraints, including related equipment and information systems; (iv) carry out a program to provide community child passenger safety services, including programs about proper seating positions for children and how to reduce the improper use of child restraints; (v) implement programs (I) to recruit and train nationally certified child passenger safety technicians among police officers, fire and other first responders, emergency medical personnel, and other individuals or organizations serving low-income and underserved populations; (II) to educate parents and caregivers in low-income and underserved populations regarding the importance of proper use and correct installation of child restraints on every trip in a motor vehicle; and (III) to purchase and distribute child restraints to low-income and underserved populations; and (vi) establish and maintain information systems containing data concerning occupant protection, including the collection and administration of child passenger safety and occupant protection surveys. (B)  Requirements Each State that is eligible to receive funds (i) under paragraph (3)(A) shall use (I) not more than 90 percent of those funds to carry out a project or activity eligible for funding under section 402; and (II) not less than 10 percent of those funds to carry out subparagraph (A)(v); and (ii) under paragraph (3)(B) shall use not less than 10 percent of those funds to carry out the activities described in subparagraph (A)(v). (5)  Grant amount The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the States apportionment under section 402 for fiscal year 2009. (6)  Definitions In this subsection: (A)  Child restraint The term child restraint means any device (including child safety seat, booster seat, harness, and excepting seat belts) that is (i) designed for use in a motor vehicle to restrain, seat, or position children who weigh 65 pounds (30 kilograms) or less; and (ii) certified to the Federal motor vehicle safety standard prescribed by the National Highway Traffic Safety Administration for child restraints. (B)  Seat belt The term seat belt means (i) with respect to open-body motor vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and (ii) with respect to other motor vehicles, an occupant restraint system consisting of integrated lap and shoulder belts. (c)  State Traffic Safety Information System Improvements. (1)  General authority Subject to the requirements under this subsection, the Secretary shall award grants to States to support the development and implementation of effective State programs that (A) improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the State safety data that is needed to identify priorities for Federal, State, and local highway and traffic safety programs; (B) evaluate the effectiveness of efforts to make such improvements; (C) link the State data systems, including traffic records, with other data systems within the State, such as systems that contain medical, roadway, and economic data; (D) improve the compatibility and interoperability of the data systems of the State with national data systems and data systems of other States, including the National EMS Information System; (E) enhance the ability of the Secretary to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances. (2)  Federal share The Federal share of the cost of adopting and implementing in a fiscal year a State program described in this subsection may not exceed 80 percent. (3)  Eligibility A State shall not be eligible to receive a grant under this subsection for a fiscal year unless the State (A) has certified to the Secretary that the State (i) has a functioning traffic records coordinating committee (referred to in this paragraph as TRCC) that meets at least 3 times each year; (ii) has designated a TRCC coordinator; and (iii) has established a State traffic record strategic plan that has been approved by the TRCC and describes specific quantifiable and measurable improvements anticipated in the States core safety databases, including crash, citation or adjudication, driver, emergency medical services or injury surveillance system, roadway, and vehicle databases; and (B) has demonstrated quantitative progress in relation to the significant data program attribute of (i) accuracy; (ii) completeness; (iii) timeliness; (iv) uniformity; (v) accessibility; or (vi) integration of a core highway safety database. (4)  Use of grant amounts A State may use a grant received under this subsection to make data program improvements to core highway safety databases relating to quantifiable, measurable progress in any significant data program attribute described in paragraph (3)(B), including through (A) software or applications to identify, collect, and report data to State and local government agencies, and enter data into State core highway safety databases, including crash, citation or adjudication, driver, emergency medical services or injury surveillance system, roadway, and vehicle data; (B) purchasing equipment to improve a process by which data are identified, collated, and reported to State and local government agencies, including technology for use by law enforcement for near-real time, electronic reporting of crash data; (C) improving the compatibility and interoperability of the core highway safety databases of the State with national data systems and data systems of other States, including the National EMS Information System; (D) enhancing the ability of a State and the Secretary to observe and analyze local, State, and national trends in crash occurrences, rates, outcomes, and circumstances; (E) supporting traffic records improvement training and expenditures for law enforcement, emergency medical, judicial, prosecutorial, and traffic records professionals; (F) hiring traffic records professionals for the purpose of improving traffic information systems (including a State Fatal Accident Reporting System (FARS) liaison); (G) adoption of the Model Minimum Uniform Crash Criteria, or providing to the public information regarding why any of those criteria will not be used, if applicable; (H) supporting reporting criteria relating to emerging topics, including (i) impaired driving as a result of drug, alcohol, or polysubstance consumption; and (ii) advanced technologies present on motor vehicles; and (I) conducting research relating to State traffic safety information systems, including developing programs to improve core highway safety databases and processes by which data are identified, collected, reported to State and local government agencies, and entered into State core safety databases. (5)  Grant amount The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the States apportionment under section 402 for fiscal year 2009. (6)  Technical assistance. (A)  In general The Secretary shall provide technical assistance to States, regardless of whether a State receives a grant under this subsection, with respect to improving the timeliness, accuracy, completeness, uniformity, integration, and public accessibility of State safety data that are needed to identify priorities for Federal, State, and local highway and traffic safety programs, including on adoption by a State of the Model Minimum Uniform Crash Criteria. (B)  Funds The Secretary may use not more than 3 percent of the amounts available under this subsection to carry out subparagraph (A). (d)  Impaired Driving Countermeasures. (1)  In general Subject to the requirements under this subsection, the Secretary of Transportation shall award grants to States that adopt and implement (A) effective programs to reduce driving under the influence of alcohol, drugs, or the combination of alcohol and drugs; or (B) alcohol-ignition interlock laws. (2)  Federal share The Federal share of the costs of activities funded using amounts from grants under this subsection may not exceed 80 percent in any fiscal year in which the State receives a grant. (3)  Eligibility. (A)  Low-range states Low-range States shall be eligible for a grant under this subsection. (B)  Mid-range states A mid-range State shall be eligible for a grant under this subsection if (i) a statewide impaired driving task force in the State developed a statewide plan during the most recent 3 calendar years to address the problem of impaired driving; or (ii) the State will convene a statewide impaired driving task force to develop such a plan during the first year of the grant. (C)  High-range states A high-range State shall be eligible for a grant under this subsection if the State (i) (I) conducted an assessment of the States impaired driving program during the most recent 3 calendar years; or (II) will conduct such an assessment during the first year of the grant; (ii) convenes, during the first year of the grant, a statewide impaired driving task force to develop a statewide plan that (I) addresses any recommendations from the assessment conducted under clause (i); (II) includes a detailed plan for spending any grant funds provided under this subsection; and (III) describes how such spending supports the statewide program; and (iii) (I) submits the statewide plan to the National Highway Traffic Safety Administration during the first year of the grant for the agencys review and approval; (II) annually updates the statewide plan in each subsequent year of the grant; and (III) submits each updated statewide plan for the agencys review and comment. (4)  Use of grant amounts. (A)  Required programs High-range States shall use grant funds for (i) high-visibility enforcement efforts; and (ii) any of the activities described in subparagraph (B) if (I) the activity is described in the statewide plan; and (II) the Secretary approves the use of funding for such activity. (B)  Authorized programs Medium-range and low-range States may use grant funds for (i) any of the purposes described in subparagraph (A); (ii) hiring a full-time or part-time impaired driving coordinator of the States activities to address the enforcement and adjudication of laws regarding driving while impaired by alcohol, drugs, or the combination of alcohol and drugs; (iii) court support of impaired driving prevention efforts, including (I) hiring criminal justice professionals, including law enforcement officers, prosecutors, traffic safety resource prosecutors, judges, judicial outreach liaisons, and probation officers; (II) training and education of those professionals to assist the professionals in preventing impaired driving and handling impaired driving cases, including by providing compensation to a law enforcement officer to carry out safety grant activities to replace a law enforcement officer who is receiving drug recognition expert training or participating as an instructor in that drug recognition expert training; and (III) establishing driving while intoxicated courts; (iv) alcohol ignition interlock programs; (v) improving blood alcohol and drug concentration screening and testing, detection of potentially impairing drugs (including through the use of oral fluid as a specimen), and reporting relating to testing and detection; (vi) paid and earned media in support of high-visibility enforcement efforts, conducting initial and continuing standardized field sobriety training, advanced roadside impaired driving evaluation training, law enforcement phlebotomy training, and drug recognition expert training for law enforcement, and equipment and related expenditures used in connection with impaired driving enforcement in accordance with criteria established by the National Highway Traffic Safety Administration; (vii) training on the use of alcohol and drug screening and brief intervention; (viii) training for and implementation of impaired driving assessment programs or other tools designed to increase the probability of identifying the recidivism risk of a person convicted of driving under the influence of alcohol, drugs, or a combination of alcohol and drugs and to determine the most effective mental health or substance abuse treatment or sanction that will reduce such risk; (ix) developing impaired driving information systems; (x) costs associated with a 24-7 sobriety program; and (xi) testing and implementing programs, and purchasing technologies, to better identify, monitor, or treat impaired drivers, including (I) oral fluid-screening technologies; (II) electronic warrant programs; (III) equipment to increase the scope, quantity, quality, and timeliness of forensic toxicology chemical testing; (IV) case management software to support the management of impaired driving offenders; and (V) technology to monitor impaired-driving offenders, and equipment and related expenditures used in connection with impaired-driving enforcement in accordance with criteria established by the National Highway Traffic Safety Administration. (C)  Other programs. (i)  Low-range states Subject to clause (iii), low-range States may use grant funds for any expenditure designed to reduce impaired driving based on problem identification and may use not more than 50 percent of funds made available under this subsection for any project or activity eligible for funding under section 402. (ii)  Medium-range and high-range states Subject to clause (iii), medium-range and high-range States may use funds for any expenditure designed to reduce impaired driving based on problem identification upon approval by the Secretary. (iii)  Reporting and impaired driving measures A State may use grant funds for any expenditure relating to (I) increasing the timely and accurate reporting to Federal, State, and local databases of (aa) crash information, including electronic crash reporting systems that allow accurate real- or near-real-time uploading of crash information; and (bb) impaired driving criminal justice information; or (II) researching or evaluating impaired driving countermeasures. (5)  Grant amount Subject to paragraph (6), the allocation of grant funds to a State under this section for a fiscal year shall be in proportion to the States apportionment under section 402 for fiscal year 2009. (6)  Additional grants. (A)  Grants to states with alcohol-ignition interlock laws The Secretary shall make a separate grant under this subsection to each State that (i) adopts, and is enforcing, a mandatory alcohol-ignition interlock law for all individuals convicted of driving under the influence of alcohol or of driving while intoxicated; (ii) does not allow an individual convicted of driving under the influence of alcohol or of driving while intoxicated to receive any driving privilege or drivers license unless the individual installs on each motor vehicle registered, owned, or leased for operation by the individual an ignition interlock for a period of not less than 180 days; or (iii) has in effect, and is enforcing (I) a State law requiring for any individual who is convicted of, or the driving privilege of whom is revoked or denied for, refusing to submit to a chemical or other appropriate test for the purpose of determining the presence or concentration of any intoxicating substance, a State law requiring a period of not less than 180 days of ignition interlock installation on each motor vehicle to be operated by the individual; and (II) a compliance-based removal program, under which an individual convicted of driving under the influence of alcohol or of driving while intoxicated shall (aa) satisfy a period of not less than 180 days of ignition interlock installation on each motor vehicle to be operated by the individual; and (bb) have completed a minimum consecutive period of not less than 40 percent of the required period of ignition interlock installation immediately preceding the date of release of the individual, without a confirmed violation. (B)  Grants to states with 24-7 sobriety programs The Secretary shall make a separate grant under this subsection to each State that (i) adopts and is enforcing a law that requires all individuals convicted of driving under the influence of alcohol or of driving while intoxicated to receive a restriction on driving privileges; and (ii) provides a 24-7 sobriety program. (C)  Use of funds Grants authorized under subparagraph (A) and subparagraph (B) may be used by recipient States for any eligible activities under this subsection or section 402. (D)  Allocation Amounts made available under this paragraph shall be allocated among States described in subparagraph (A) and subparagraph (B) in proportion to the States apportionment under section 402 for fiscal year 2022. (E)  Funding. (i)  Funding for grants to states with alcohol-ignition interlock laws Not more than 12 percent of the amounts made available to carry out this subsection in a fiscal year shall be made available by the Secretary for making grants under subparagraph (A). (ii)  Funding for grants to states with 24-7 sobriety programs Not more than 3 percent of the amounts made available to carry out this subsection in a fiscal year shall be made available by the Secretary for making grants under subparagraph (B). (F)  Exceptions A State alcohol-ignition interlock law under subparagraph (A) may include exceptions for the following circumstances: (i) The individual is required to operate an employers motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual. (ii) The individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device. (iii) A State-certified ignition interlock provider is not available within 100 miles of the individuals residence. (7)  Definitions In this subsection: (A) 24-7 sobriety program The term 24-7 sobriety program means a State law or program that authorizes a State or local court or an agency with jurisdiction, as a condition of bond, sentence, probation, parole, or work permit, to (i) require an individual who was arrested for, plead guilty to, or was convicted of driving under the influence of alcohol or drugs to totally abstain from alcohol or drugs for a period of time; and (ii) require the individual to be subject to testing for alcohol or drugs (I) at least twice per day at a testing location; (II) by continuous transdermal alcohol monitoring via an electronic monitoring device; or (III) by an alternate method with the concurrence of the Secretary. (B)  Average impaired driving fatality rate The term average impaired driving fatality rate means the number of fatalities in motor vehicle crashes involving a driver with a blood alcohol concentration of at least 0.08 percent for every 100,000,000 vehicle miles traveled, based on the most recently reported 3 calendar years of final data from the Fatality Analysis Reporting System, as calculated in accordance with regulations prescribed by the Administrator of the National Highway Traffic Safety Administration. (C)  High-range state The term high-range State means a State that has an average impaired driving fatality rate of 0.60 or higher. (D)  Low-range state The term low-range State means a State that has an average impaired driving fatality rate of 0.30 or lower. (E)  Mid-range state The term mid-range State means a State that has an average impaired driving fatality rate that is higher than 0.30 and lower than 0.60. (e)  Distracted Driving Grants. (1)  Definitions In this subsection: (A)  Driving The term driving (i) means operating a motor vehicle on a public road; and (ii) does not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary. (B)  Personal wireless communications device. (i)  In general The term personal wireless communications device means (I) a device through which personal wireless services (as defined in section 332(c)(7)(C) of the Communications Act of 1934 ( 47 U.S.C. 332(c)(7)(C) (II) a mobile telephone or other portable electronic communication device with which a user engages in a call or writes, sends, or reads a text message using at least 1 hand. (ii)  Exclusion The term personal wireless communications device does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes. (C)  Primary offense The term primary offense means an offense for which a law enforcement officer may stop a vehicle solely for the purpose of issuing a citation in the absence of evidence of another offense. (D)  Public road The term public road has the meaning given such term in section 402(c). (E)  Text The term text means (i) to read from, or manually to enter data into, a personal wireless communications device, including for the purpose of SMS texting, emailing, instant messaging, or any other form of electronic data retrieval or electronic data communication; and (ii) manually to enter, send, or retrieve a text message to communicate with another individual or device. (F)  Text message. (i)  In general The term text message means (I) a text-based message; (II) an instant message; (III) an electronic message; and (IV) email. (ii)  Exclusions The term text message does not include (I) an emergency, traffic, or weather alert; or (II) a message relating to the operation or navigation of a motor vehicle. (2)  Grant program The Secretary shall provide a grant under this subsection to any State that includes distracted driving awareness as part of the drivers license examination of the State. (3)  Allocation. (A)  In general For each fiscal year, not less than 50 percent of the amounts made available to carry out this subsection shall be allocated to States, based on the proportion that (i) the apportionment of the State under section 402 for fiscal year 2009; bears to (ii) the apportionment of all States under section 402 for that fiscal year. (B)  Grants for states with distracted driving laws. (i)  In general In addition to the allocations under subparagraph (A), for each fiscal year, not more than 50 percent of the amounts made available to carry out this subsection shall be allocated to States that enact and enforce a law that meets the requirements of paragraph (4), (5), or (6) (I) based on the proportion that (aa) the apportionment of the State under section 402 for fiscal year 2009; bears to (bb) the apportionment of all States under section 402 for that fiscal year; and (II) subject to clauses (ii), (iii), and (iv), as applicable. (ii)  Primary laws Subject to clause (iv), in the case of a State that enacts and enforces a law that meets the requirements of paragraph (4), (5), or (6) as a primary offense, the allocation to the State under this subparagraph shall be 100 percent of the amount calculated to be allocated to the State under clause (i)(I). (iii)  Secondary laws Subject to clause (iv), in the case of a State that enacts and enforces a law that meets the requirements of paragraph (4), (5), or (6) as a secondary enforcement action, the allocation to the State under this subparagraph shall be an amount equal to 50 percent of the amount calculated to be allocated to the State under clause (i)(I). (iv)  Texting while driving Notwithstanding clauses (ii) and (iii), the allocation under this subparagraph to a State that enacts and enforces a law that prohibits a driver from viewing a personal wireless communications device (except for purposes of navigation) shall be 25 percent of the amount calculated to be allocated to the State under clause (i)(I). (4)  Prohibition on texting while driving A State law meets the requirements of this paragraph if the law (A) prohibits a driver from texting through a personal wireless communications device while driving; (B) establishes a fine for a violation of the law; and (C) does not provide for an exemption that specifically allows a driver to use a personal wireless communications device for texting while stopped in traffic. (5)  Prohibition on handheld phone use while driving A State law meets the requirements of this paragraph if the law (A) prohibits a driver from holding a personal wireless communications device while driving; (B) establishes a fine for a violation of that law; and (C) does not provide for an exemption that specifically allows a driver to use a personal wireless communications device for texting while stopped in traffic. (6)  Prohibition on youth cell phone use while driving or stopped in traffic A State law meets the requirements of this paragraph if the law (A) prohibits a driver from using a personal wireless communications device while driving if the driver is (i) younger than 18 years of age; or (ii) in the learners permit or intermediate license stage; (B) establishes a fine for a violation of the law; and (C) does not provide for (i) an exemption that specifically allows a driver to use a personal wireless communications device for texting while stopped in traffic; or (ii) an exemption described in paragraph (7)(E). (7)  Permitted exceptions A law that meets the requirements of paragraph (4), (5), or (6) may provide exceptions for (A) a driver who uses a personal wireless communications device during an emergency to contact emergency services to prevent injury to persons or property; (B) emergency services personnel who use a personal wireless communications device while (i) operating an emergency services vehicle; and (ii) engaged in the performance of their duties as emergency services personnel; (C) an individual employed as a commercial motor vehicle driver or a school bus driver who uses a personal wireless communications device within the scope of such individuals employment if such use is permitted under the regulations promulgated pursuant to section 31136 of title 49 (D) a driver who uses a personal wireless communications device for navigation; (E) except for a law described in paragraph (6), the use of a personal wireless communications device (i) in a hands-free manner; (ii) with a hands-free accessory; or (iii) with the activation or deactivation of a feature or function of the personal wireless communications device with the motion of a single swipe or tap of the finger of the driver; and (F) any additional exceptions determined by the Secretary through a rulemaking process. (8)  Use of grant funds. (A)  In general Except as provided in subparagraph (B), amounts received by a State under this subsection shall be used (i) to educate the public through advertising containing information about the dangers of texting or using a cell phone while driving; (ii) for traffic signs that notify drivers about the distracted driving law of the State; or (iii) for law enforcement costs related to the enforcement of the distracted driving law. (B)  Flexibility. (i) Not more than 50 percent of amounts received by a State under this subsection may be used for any eligible project or activity under section 402. (ii) Not more than 75 percent of amounts received by a State under this subsection may be used for any eligible project or activity under section 402 if the State has conformed its distracted driving data to the most recent Model Minimum Uniform Crash Criteria published by the Secretary. (9)  Allocation to support state distracted driving laws Of the amounts available under this subsection in a fiscal year for distracted driving grants, the Secretary may expend not more than $5,000,000 for the development and placement of broadcast media to reduce distracted driving of motor vehicles. (f)  Motorcyclist Safety. (1)  Grants authorized Subject to the requirements under this subsection, the Secretary shall award grants to States that adopt and implement effective programs to reduce the number of single- and multi-vehicle crashes involving motorcyclists. (2)  Grant amount The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the States apportionment under section 402 for fiscal year 2009, except that the amount of a grant awarded to a State for a fiscal year may not exceed 25 percent of the amount apportioned to the State under such section for fiscal year 2009. (3)  Grant eligibility A State becomes eligible for a grant under this subsection by adopting or demonstrating to the satisfaction of the Secretary, at least 2 of the following criteria: (A)  Motorcycle rider training courses An effective motorcycle rider training course that is offered throughout the State, which (i) provides a formal program of instruction in crash avoidance and other safety-oriented operational skills to motorcyclists; and (ii) may include innovative training opportunities to meet unique regional needs. (B)  Motorcyclists awareness program An effective statewide program to enhance motorist awareness of the presence of motorcyclists on or near roadways and safe driving practices that avoid injuries to motorcyclists. (C)  Helmet law A State law requiring the use of a helmet for each motorcycle rider under the age of 18. (D)  Reduction of fatalities and crashes involving motorcycles A reduction for the preceding calendar year in the number of motorcycle fatalities and the rate of motor vehicle crashes involving motorcycles in the State (expressed as a function of 10,000 motorcycle registrations). (E)  Impaired driving program Implementation of a statewide program to reduce impaired driving, including specific measures to reduce impaired motorcycle operation. (F)  Reduction of fatalities and crashes involving impaired motorcyclists A reduction for the preceding calendar year in the number of fatalities and the rate of reported crashes involving alcohol- or drug-impaired motorcycle operators (expressed as a function of 10,000 motorcycle registrations). (G)  Fees collected from motorcyclists All fees collected by the State from motorcyclists for the purposes of funding motorcycle training and safety programs will be used for motorcycle training and safety purposes. (4)  Eligible uses. (A)  In general A State may use funds from a grant under this subsection only for motorcyclist safety training and motorcyclist awareness programs, including (i) improvements to motorcyclist safety training curricula; (ii) improvements in program delivery of motorcycle training to both urban and rural areas, including (I) procurement or repair of practice motorcycles; (II) instructional materials; (III) mobile training units; and (IV) leasing or purchasing facilities for closed-course motorcycle skill training; (iii) measures designed to increase the recruitment or retention of motorcyclist safety training instructors; and (iv) public awareness, public service announcements, and other outreach programs to enhance driver awareness of motorcyclists, including share-the-road safety messages. (B)  Suballocations of funds An agency of a State that receives a grant under this subsection may suballocate funds from the grant to a nonprofit organization incorporated in that State to carry out this subsection. (C)  Flexibility Not more than 50 percent of grant funds received by a State under this subsection may be used for any eligible project or activity under section 402 if the State is in the lowest 25 percent of all States for motorcycle deaths per 10,000 motorcycle registrations based on the most recent data that conforms with criteria established by the Secretary. (5)  Definitions In this subsection: (A)  Motorcyclist awareness The term motorcyclist awareness means individual or collective awareness of (i) the presence of motorcycles on or near roadways; and (ii) safe driving practices that avoid injury to motorcyclists. (B)  Motorcyclist awareness program The term motorcyclist awareness program means an informational or public awareness program designed to enhance motorcyclist awareness that is developed by or in coordination with the designated State authority having jurisdiction over motorcyclist safety issues, which may include the State motorcycle safety administrator or a motorcycle advisory council appointed by the governor of the State. (C)  Motorcyclist safety training The term motorcyclist safety training means a formal program of instruction that is approved for use in a State by the designated State authority having jurisdiction over motorcyclist safety issues, which may include the State motorcycle safety administrator or a motorcycle advisory council appointed by the governor of the State. (D)  State The term State has the meaning given such term in section 101(a) of title 23 (6)  Share-the-road model language Not later than 1 year after the date of enactment of this paragraph, the Secretary shall update and provide to the States model language, for use in traffic safety education courses, drivers manuals, and other driver training materials, that provides instruction for drivers of motor vehicles on the importance of sharing the road safely with motorcyclists. (g)  Nonmotorized Safety. (1)  Definition of nonmotorized road user In this subsection, the term nonmotorized road user means (A) a pedestrian; (B) an individual using a nonmotorized mode of transportation, including a bicycle, a scooter, or a personal conveyance; and (C) an individual using a low-speed or low-horsepower motorized vehicle, including an electric bicycle, electric scooter, personal mobility assistance device, personal transporter, or all-terrain vehicle. (2)  General authority Subject to the requirements under this subsection, the Secretary shall award grants to States for the purpose of decreasing nonmotorized road user fatalities involving a motor vehicle in transit on a trafficway. (3)  Federal share The Federal share of the cost of a project carried out by a State using amounts from a grant awarded under this subsection may not exceed 80 percent. (4)  Eligibility A State shall receive a grant under this subsection in a fiscal year if the annual combined nonmotorized road user fatalities in the State exceed 15 percent of the total annual crash fatalities in the State, based on the most recently reported final data from the Fatality Analysis Reporting System. (5)  Use of grant amounts Grant funds received by a State under this subsection may be used for the safety of nonmotorized road users, including (A) training of law enforcement officials relating to nonmotorized road user safety, State laws applicable to nonmotorized road user safety, and infrastructure designed to improve nonmotorized road user safety; (B) carrying out a program to support enforcement mobilizations and campaigns designed to enforce State traffic laws applicable to nonmotorized road user safety; (C) public education and awareness programs designed to inform motorists and nonmotorized road users regarding (i) nonmotorized road user safety, including information relating to nonmotorized mobility and the importance of speed management to the safety of nonmotorized road users; (ii) the value of the use of nonmotorized road user safety equipment, including lighting, conspicuity equipment, mirrors, helmets, and other protective equipment, and compliance with any State or local laws requiring the use of that equipment; (iii) State traffic laws applicable to nonmotorized road user safety, including the responsibilities of motorists with respect to nonmotorized road users; and (iv) infrastructure designed to improve nonmotorized road user safety; and (D) the collection of data, and the establishment and maintenance of data systems, relating to nonmotorized road user traffic fatalities. (6)  Grant amount The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the States apportionment under section 402 for fiscal year 2009. (h)  Preventing Roadside Deaths. (1)  In general The Secretary shall provide grants to States to prevent death and injury from crashes involving motor vehicles striking other vehicles and individuals stopped at the roadside. (2)  Federal share The Federal share of the cost of carrying out an activity funded through a grant under this subsection may not exceed 80 percent. (3)  Eligibility A State shall receive a grant under this subsection in a fiscal year if the State submits to the Secretary a plan that describes the method by which the State will use grant funds in accordance with paragraph (4). (4)  Use of funds Amounts received by a State under this subsection shall be used by the State (A) to purchase and deploy digital alert technology that (i) is capable of receiving alerts regarding nearby first responders; and (ii) in the case of a motor vehicle that is used for emergency response activities, is capable of sending alerts to civilian drivers to protect first responders on the scene and en route; (B) to educate the public regarding the safety of vehicles and individuals stopped at the roadside in the State through public information campaigns for the purpose of reducing roadside deaths and injury; (C) for law enforcement costs relating to enforcing State laws to protect the safety of vehicles and individuals stopped at the roadside; (D) for programs to identify, collect, and report to State and local government agencies data relating to crashes involving vehicles and individuals stopped at the roadside; and (E) to pilot and incentivize measures, including optical visibility measures, to increase the visibility of stopped and disabled vehicles. (5)  Grant amount The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of that State under section 402 for fiscal year 2022. (i)  Driver and Officer Safety Education. (1)  Definition of peace officer In this subsection, the term peace officer includes any individual (A) who is an elected, appointed, or employed agent of a government entity; (B) who has the authority (i) to carry firearms; and (ii) to make warrantless arrests; and (C) whose duties involve the enforcement of criminal laws of the United States. (2)  Grants Subject to the requirements of this subsection, the Secretary shall provide grants to (A) States that enact or adopt a law or program described in paragraph (4); and (B) qualifying States under paragraph (7). (3)  Federal share The Federal share of the cost of carrying out an activity funded through a grant under this subsection may not exceed 80 percent. (4)  Description of law or program A law or program referred to in paragraph (2)(A) is a law or program that requires 1 or more of the following: (A)  Driver education and driving safety courses The inclusion, in driver education and driver safety courses provided to individuals by educational and motor vehicle agencies of the State, of instruction and testing relating to law enforcement practices during traffic stops, including information relating to (i) the role of law enforcement and the duties and responsibilities of peace officers; (ii) the legal rights of individuals concerning interactions with peace officers; (iii) best practices for civilians and peace officers during those interactions; (iv) the consequences for failure of an individual or officer to comply with the law or program; and (v) how and where to file a complaint against, or a compliment relating to, a peace officer. (B)  Peace officer training programs Development and implementation of a training program, including instruction and testing materials, for peace officers and reserve law enforcement officers (other than officers who have received training in a civilian course described in subparagraph (A)) with respect to proper interaction with civilians during traffic stops. (5)  Use of funds A State may use a grant provided under this subsection for (A) the production of educational materials and training of staff for driver education and driving safety courses and peace officer training described in paragraph (4); and (B) the implementation of a law or program described in paragraph (4). (6)  Grant amount The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of that State under section 402 for fiscal year 2022. (7)  Special rule for certain states. (A)  Definition of qualifying state In this paragraph, the term qualifying State means a State that (i) has received a grant under this subsection for a period of not more than 5 years; and (ii) as determined by the Secretary (I) has not fully enacted or adopted a law or program described in paragraph (4); but (II) (aa) has taken meaningful steps toward the full implementation of such a law or program; and (bb) has established a timetable for the implementation of such a law or program. (B)  Withholding The Secretary shall (i) withhold 50 percent of the amount that each qualifying State would otherwise receive under this subsection if the qualifying State were a State described in paragraph (2)(A); and (ii) direct any amounts withheld under clause (i) for distribution among the States that are enforcing and carrying out a law or program described in paragraph (4). (Added Pub. L. 105178, title II,  2003(a)(1) June 9, 1998 112 Stat. 325 Pub. L. 10959, title II Aug. 10, 2005 119 Stat. 1522 Pub. L. 111147, title IV,  421(c)(1) Mar. 18, 2010 124 Stat. 84 Pub. L. 11230, title I,  121(c)(1) Sept. 16, 2011 125 Stat. 347 Pub. L. 112141, div. C, title I,  31105(a) July 6, 2012 126 Stat. 741 Pub. L. 11494, div. A, title IV Dec. 4, 2015 129 Stat. 1501 Pub. L. 11758, div. B, title IV,  24105(a) Nov. 15, 2021 135 Stat. 795  Editorial Notes  References in Text The date of enactment of this paragraph, referred to in subsec. (f)(6), is the date of enactment of Pub. L. 11494 Dec. 4, 2015 Prior Provisions A prior section 405, added Pub. L. 9387, title II,  230(a) Aug. 13, 1973 87 Stat. 293 Pub. L. 93643,  121 Jan. 4, 1975 88 Stat. 2289 Pub. L. 94280, title I,  135(c) May 5, 1976 90 Stat. 442 Amendments 2021Subsec. (a). Pub. L. 11758,  24105(a)(1)(C) Subsec. (a)(1) to (3). Pub. L. 11758,  24105(a)(1)(B) Subsec. (a)(4). Pub. L. 11758,  24105(a)(1)(B) Subsec. (a)(5). Pub. L. 11758,  24105(a)(1)(B) Subsec. (a)(6). Pub. L. 11758,  24105(a)(1)(A) Subsec. (a)(7). Pub. L. 11758,  24105(a)(1)(E) Subsec. (a)(8). Pub. L. 11758,  24105(a)(1)(G) Subsec. (a)(9). Pub. L. 11758,  24105(a)(1)(A) (A) Certification (B) Waiver Subsec. (a)(10). Pub. L. 11758,  24105(a)(1)(F) Subsec. (a)(11). Pub. L. 11758,  24105(a)(1)(F) Subsec. (b)(1). Pub. L. 11758,  24105(a)(2)(A) Subsec. (b)(3)(B)(ii)(VI)(aa). Pub. L. 11758,  24105(a)(2)(B) Subsec. (b)(4)(A)(v). Pub. L. 11758,  24105(a)(2)(C)(i) Subsec. (b)(4)(B). Pub. L. 11758,  24105(a)(2)(C)(ii) Subsec. (c)(1). Pub. L. 11758,  24105(a)(3)(A)(i) Subsec. (c)(1)(D). Pub. L. 11758,  24105(a)(3)(A)(ii) Subsec. (c)(3). Pub. L. 11758,  24105(a)(3)(B)(i) Subsec. (c)(3)(A). Pub. L. 11758,  24105(a)(3)(B)(i) Subsec. (c)(3)(B). Pub. L. 11758,  24105(a)(3)(B)(iv) Pub. L. 11758,  24105(a)(3)(B)(ii)(I) Subsec. (c)(3)(B)(vi). Pub. L. 11758,  24105(a)(3)(B)(v) Subsec. (c)(3)(C). Pub. L. 11758,  24105(a)(3)(B)(iii)(I) Subsec. (c)(3)(E). Pub. L. 11758,  24105(a)(3)(B)(vi) Subsec. (c)(4). Pub. L. 11758,  24105(a)(3)(C) Subsec. (c)(6). Pub. L. 11758,  24105(a)(3)(D) Subsec. (d)(4)(B)(iii). Pub. L. 11758,  24105(a)(4)(A)(i)(I) Subsec. (d)(4)(B)(v). Pub. L. 11758,  24105(a)(4)(A)(i)(II) Subsec. (d)(4)(B)(vi). Pub. L. 11758,  24105(a)(4)(A)(i)(III) Subsec. (d)(4)(B)(xi). Pub. L. 11758,  24105(a)(4)(A)(i)(IV) Subsec. (d)(4)(C). Pub. L. 11758,  24105(a)(4)(A)(ii) Subsec. (d)(6)(A). Pub. L. 11758,  24105(a)(4)(B)(i) Subsec. (d)(6)(D). Pub. L. 11758,  24105(a)(4)(B)(ii) Subsec. (d)(7)(A). Pub. L. 11758,  24105(a)(4)(C) Subsec. (e)(1). Pub. L. 11758,  24105(a)(5)(B) Subsec. (e)(1)(B). Pub. L. 11758,  24105(a)(5)(C)(ii) (i) means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 ( 47 U.S.C. 332(c)(7)(C)(i) (ii) does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes. Subsec. (e)(1)(E), (F). Pub. L. 11758,  24105(a)(5)(C)(iii) Subsec. (e)(2). Pub. L. 11758,  24105(a)(5)(B) Subsec. (e)(3). Pub. L. 11758,  24105(a)(5)(D) Subsec. (e)(4). Pub. L. 11758,  24105(a)(5)(B) Subsec. (e)(4)(B). Pub. L. 11758,  24105(a)(5)(E)(ii) Subsec. (e)(4)(C), (D). Pub. L. 11758,  24105(a)(5)(E)(iii) Subsec. (e)(5). Pub. L. 11758,  24105(a)(5)(F) Subsec. (e)(6). Pub. L. 11758,  24105(a)(5)(A) Subsec. (e)(6)(A)(ii). Pub. L. 11758,  24105(a)(5)(G)(ii) Subsec. (e)(6)(B). Pub. L. 11758,  24105(a)(5)(G)(iii) Subsec. (e)(6)(C). Pub. L. 11758,  24105(a)(5)(G)(vi) Subsec. (e)(6)(D). Pub. L. 11758,  24105(a)(5)(G)(iii) Subsec. (e)(7). Pub. L. 11758,  24105(a)(5)(B) Subsec. (e)(7)(A). Pub. L. 11758,  24105(a)(5)(H)(ii) Subsec. (e)(7)(D) to (F). Pub. L. 11758,  24105(a)(5)(H)(iii) Subsec. (e)(8). Pub. L. 11758,  24105(a)(5)(A) Subsec. (e)(9). Pub. L. 11758,  24105(a)(5)(B) Subsec. (f)(3)(A)(i). Pub. L. 11758,  24105(a)(6)(A) Subsec. (f)(3)(C) to (E). Pub. L. 11758,  24105(a)(6)(B) Subsec. (f)(3)(F). Pub. L. 11758,  24105(a)(6)(B) Subsec. (f)(3)(G). Pub. L. 11758,  24105(a)(6)(B) Subsec. (g). Pub. L. 11758,  24105(a)(7) Subsec. (g)(1). Pub. L. 11758,  24105(a)(9)(B) Subsec. (g)(2). Pub. L. 11758,  24105(a)(9)(A) Subsec. (g)(3). Pub. L. 11758,  24105(a)(9)(A) Subsec. (g)(4). Pub. L. 11758,  24105(a)(9)(A) Subsec. (g)(5). Pub. L. 11758,  24105(a)(9)(A) Subsec. (g)(6). Pub. L. 11758,  24105(a)(9)(A) Subsecs. (h), (i). Pub. L. 11758,  24105(a)(10) 2015Subsec. (a). Pub. L. 11494,  4005(a) Subsec. (b)(4)(B). Pub. L. 11494,  4005(b) Subsec. (d)(4). Pub. L. 11494,  4005(c)(1) Subsec. (d)(5). Pub. L. 11494,  4014(3)(A)(i) Subsec. (d)(6). Pub. L. 11494,  4005(c)(2)(A) Grants to states that adopt and enforce mandatory alcohol-ignition interlock laws Subsec. (d)(6)(A). Pub. L. 11494,  4005(c)(2)(B) In general Subsec. (d)(6)(B). Pub. L. 11494,  4005(c)(2)(D) Subsec. (d)(6)(C). Pub. L. 11494,  4014(3)(A)(ii) Pub. L. 11494,  4005(c)(2)(C) Pub. L. 11494,  4005(c)(2)(C) Subsec. (d)(6)(D). Pub. L. 11494,  4005(c)(2)(F) Pub. L. 11494,  4005(c)(2)(C) Subsec. (d)(6)(E). Pub. L. 11494,  4005(c)(2)(G) Pub. L. 11494,  4005(c)(2)(C) Subsec. (d)(6)(F). Pub. L. 11494,  4005(c)(2)(H) Subsec. (d)(7)(A). Pub. L. 11494,  4005(c)(3)(A)(i) Subsec. (d)(7)(A)(i). Pub. L. 11494,  4005(c)(3)(A)(ii) Subsec. (d)(7)(A)(ii)(I). Pub. L. 11494,  4005(c)(3)(A)(iii) Subsec. (d)(7)(D). Pub. L. 11494,  4005(c)(3)(B) Subsec. (e). Pub. L. 11494,  4005(d) Subsec. (f)(2). Pub. L. 11494,  4005(e)(1) Subsec. (f)(4)(A)(iv). Pub. L. 11494,  4014(3)(B) Subsec. (f)(4)(C). Pub. L. 11494,  4005(e)(2) Subsec. (f)(6). Pub. L. 11494,  4005(e)(3) Subsec. (g)(2)(A). Pub. L. 11494,  4005(f)(1)(A) Subsec. (g)(2)(B). Pub. L. 11494,  4005(f)(1)(B) Subsec. (g)(6). Pub. L. 11494,  4005(f)(2) Subsec. (h). Pub. L. 11494,  4005(g) 2012 Pub. L. 112141 2011Subsec. (a)(3). Pub. L. 11230,  121(c)(1)(A) Subsec. (a)(4)(C). Pub. L. 11230,  121(c)(1)(B) 2010Subsec. (a)(3). Pub. L. 111147,  421(c)(1)(A) Subsec. (a)(4)(C). Pub. L. 111147,  421(c)(1)(B) 2005Subsec. (a)(2). Pub. L. 10959,  2004(a)(1) Subsec. (a)(3). Pub. L. 10959,  2004(a)(2) Subsec. (a)(4). Pub. L. 10959,  2004(a)(3) September 30, 2003 Subsec. (c). Pub. L. 10959,  2004(c) Subsec. (d). Pub. L. 10959,  2002(e) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Pub. L. 11758, div. B, title IV,  24105(c) Nov. 15, 2021 135 Stat. 806 The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter. Effective Date of 2015 Amendment Except as otherwise provided, amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Amendment by section 4005 of Pub. L. 11494 Oct. 1, 2016 section 4015 of Pub. L. 11494 section 164 of this title Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 2005 Amendment Amendment by Pub. L. 10959 Oct. 1, 2005 section 2022 of Pub. L. 10959 section 402 of this title Crash Data Pub. L. 11758, div. B, title IV,  24108 Nov. 15, 2021 135 Stat. 807  (a)  In General Not later than 3 years after the date of enactment of this Act [ Nov. 15, 2021 (b)  Coordination In carrying out subsection (a), the Secretary may coordinate with States to update the Model Minimum Uniform Crash Criteria to provide guidance to States regarding the collection of information and data elements for the crash data collection system. (c)  Vulnerable Road Users. (1)  Update Based on the information contained in the vulnerable road user safety assessments required by subsection (f) of section 32302 of title 49 (2)  Injury health data The Secretary shall coordinate with the Director of the Centers for Disease Control and Prevention to develop and implement a plan for States to combine highway crash data and injury health data to produce a national database of pedestrian injuries and fatalities, disaggregated by demographic characteristics. (d)  State Electronic Data Collection. (1)  Definitions In this subsection: (A)  Electronic data transfer The term electronic data transfer means a protocol for automated electronic transfer of State crash data to the National Highway Traffic Safety Administration. (B)  State The term State means (i) each of the 50 States; (ii) the District of Columbia; (iii) the Commonwealth of Puerto Rico; (iv) the United States Virgin Islands; (v) Guam; (vi) American Samoa; (vii) the Commonwealth of the Northern Mariana Islands; and (viii) the Secretary of the Interior, acting on behalf of an Indian Tribe. (2)  Establishment of program The Secretary shall establish a program under which the Secretary shall (A) provide grants for the modernization of State data collection systems to enable full electronic data transfer under paragraph (3); and (B) upgrade the National Highway Traffic Safety Administration system to manage and support State electronic data transfers relating to crashes under paragraph (4). (3)  State grants. (A)  In general The Secretary shall provide grants to States to upgrade and standardize State crash data systems to enable electronic data collection, intrastate data sharing, and electronic data transfers to the National Highway Traffic Safety Administration to increase the accuracy, timeliness, and accessibility of the data, including data relating to fatalities involving vulnerable road users. (B)  Eligibility A State shall be eligible to receive a grant under this paragraph if the State submits to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, that includes a plan to implement full electronic data transfer to the National Highway Traffic Safety Administration by not later than 5 years after the date on which the grant is provided. (C)  Use of funds A grant provided under this paragraph may be used for the costs of (i) equipment to upgrade a statewide crash data repository; (ii) adoption of electronic crash reporting by law enforcement agencies; and (iii) increasing alignment of State crash data with the latest Model Minimum Uniform Crash Criteria. (D)  Federal share The Federal share of the cost of a project funded with a grant under this paragraph may be up to 80 percent. (4)  National highway traffic safety administration system upgrade The Secretary shall manage and support State electronic data transfers relating to vehicle crashes by (A) increasing the capacity of the National Highway Traffic Safety Administration system; and (B) making State crash data accessible to the public. (e)  Crash Investigation Sampling System The Secretary may use funds made available to carry out this section to enhance the collection of crash data by upgrading the Crash Investigation Sampling System to include (1) additional program sites; (2) an expanded scope that includes all crash types; and (3) on-scene investigation protocols. (f)  Authorization of Appropriations There is authorized to be appropriated to the Secretary to carry out this section $150,000,000 for each of fiscal years 2022 through 2026, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated. National Priority Safety Program Grant Eligibility Pub. L. 11494, div. A, title IV,  4010 Dec. 4, 2015 129 Stat. 1511 Pub. L. 11758, div. B, title IV,  24105(b) Nov. 15, 2021 135 Stat. 806  Not later than 60 days after the date on which the Secretary [of Transportation] awards grants under section 405 of title 23 (1) an identification of (A) the States that were awarded grants under such section; (B) the States that applied and were not awarded grants under such section; and (C) the States that did not apply for a grant under such section; and (2) a list of all deficiencies that made a State ineligible for a grant under such section for each State under paragraph (1)(B). Child Safety and Child Booster Seat Incentive Grants Pub. L. 10959, title II,  2011 Aug. 10, 2005 119 Stat. 1538 Pub. L. 111147, title IV,  421(j)(1) Mar. 18, 2010 124 Stat. 85 Pub. L. 11230, title I,  121(j)(1) Sept. 16, 2011 125 Stat. 348 Pub. L. 112141, div. C, title I,  31109(h) July 6, 2012 126 Stat. 757 Child Passenger Protection Education Grants Pub. L. 105178, title II,  2003(b) June 9, 1998 112 Stat. 327  406. General requirements for Federal assistance (a)  Definition of Funded Project In this section, the term funded project means a project funded, in whole or in part, by a grant provided under section 402 or 405. (b)  Regulatory Authority Each funded project shall be carried out in accordance with applicable regulations promulgated by the Secretary. (c)  State Matching Requirements If a grant provided under this chapter requires any State to share in the cost of a funded project, the aggregate of the expenditures made by the State (including any political subdivision of the State) for highway safety activities during a fiscal year, exclusive of Federal funds, for carrying out the funded project (other than expenditures for planning or administration) shall be credited toward the non-Federal share of the cost of any other funded project (other than planning and administration) during that fiscal year, regardless of whether those expenditures were made in connection with the project. (d)  Grant Application and Deadline. (1)  Applications To be eligible to receive a grant under this chapter, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2)  Deadline The Secretary shall establish a single deadline for the submission of applications under paragraph (1) to enable the provision of grants under this chapter early in each applicable fiscal year beginning after the date of submission. (e)  Distribution of Funds to States Not later than 60 days after the later of the start of a fiscal year or the date of enactment of any appropriations Act making funds available to carry out this chapter for that fiscal year, the Secretary shall distribute to each State the portion of those funds to which the State is entitled for the applicable fiscal year. (Added Pub. L. 11758, div. B, title IV,  24101(d)(1)(B) Nov. 15, 2021 135 Stat. 784  Editorial Notes Prior Provisions A prior section 406, added Pub. L. 93643,  126(a) Jan. 4, 1975 88 Stat. 2291 Pub. L. 94280, title II,  205 May 5, 1976 90 Stat. 453 Pub. L. 95599, title I,  129(g) Nov. 6, 1978 92 Stat. 2708 Pub. L. 10959, title II,  2005(a) Aug. 10, 2005 119 Stat. 1524 Pub. L. 112141,  3(a) July 6, 2012 126 Stat. 413 Oct. 1, 2012  407. Discovery and admission as evidence of certain reports and surveys  Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, pursuant to sections 130, 144, and 148 of this title or for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal-aid highway funds shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data. (Added Pub. L. 10017, title I,  132(a) Apr. 2, 1987 101 Stat. 170 Pub. L. 102240, title I,  1035(a) Dec. 18, 1991 105 Stat. 1978 Pub. L. 10459, title III,  323 Nov. 28, 1995 109 Stat. 591 Pub. L. 10959, title I,  1401(a)(3)(C) Aug. 10, 2005 119 Stat. 1225 Pub. L. 11758, div. B, title IV,  24101(d)(1)(A) Nov. 15, 2021 135 Stat. 784  Editorial Notes Prior Provisions A prior section 407, added Pub. L. 95599, title II,  208(a) Nov. 6, 1978 92 Stat. 2732 Pub. L. 112141,  3(a) July 6, 2012 126 Stat. 413 Oct. 1, 2012 Amendments 2021 Pub. L. 11758  408. Agency accountability (a)  Triennial State Management Reviews. (1)  In general Except as provided under paragraph (2), the Secretary shall conduct a review of each State highway safety program at least once every 3 years. (2)  Exceptions The Secretary may conduct reviews of the highway safety programs of the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands as often as the Secretary determines to be appropriate. (3)  Components Reviews under this subsection shall include (A) a management evaluation of all grant programs funded under this chapter; (B) an assessment of State data collection and evaluation relating to performance measures established by the Secretary; (C) a comparison of State efforts under subparagraphs (A) and (B) to best practices and programs that have been evaluated for effectiveness; and (D) the development of recommendations on how each State could (i) improve the management and oversight of its grant activities; and (ii) provide a management and oversight plan for such grant programs. (b)  Recommendations Before Submission In order to provide guidance to State highway safety agencies on matters that should be addressed in the goals and initiatives of the State highway safety program before the program is submitted for review, the Secretary shall provide data-based recommendations to each State at least 90 days before the date on which the program is to be submitted for approval. (c)  State Program Review The Secretary shall (1) conduct a program improvement review of a highway safety program under this chapter of a State that does not make substantial progress over a 3-year period in meeting its priority program goals; and (2) provide technical assistance and safety program requirements to be incorporated in the State highway safety program for any goal not achieved. (d)  Regional Harmonization The Secretary and the Inspector General of the Department of Transportation shall undertake an administrative review of the practices and procedures of the management reviews and program reviews of State highway safety programs under this chapter conducted by the regional offices of the National Highway Traffic Safety Administration and prepare a written report of best practices and procedures for use by the regional offices in conducting such reviews. The report shall be completed within 180 days after the date of enactment of this section. (e)  Best Practices Guidelines. (1)  Uniform guidelines The Secretary shall issue uniform management review guidelines and program review guidelines based on the report under subsection (d). Each regional office shall use the guidelines in executing its State administrative review duties under this section. (2)  Publication The Secretary shall make publicly available on the Web site (or successor electronic facility) of the Administration the following documents upon their completion: (A) The Secretarys management review guidelines and program review guidelines. (B) All State highway safety programs submitted under this chapter. (C) State annual accomplishment reports. (D) The Administrations Summary Report of findings from Management Reviews and Improvement Plans. (3)  Reports to state highway safety agencies The Secretary may not make publicly available a program, report, or review under paragraph (2) that is directed to a State highway safety agency until after the date on which the program, report, or review is submitted to that agency under this chapter. (f)  Tracking Process The Secretary shall develop a process to identify and mitigate possible systemic issues across States and regional offices by reviewing oversight findings and recommended actions identified in triennial State management reviews. (Added Pub. L. 10959, title II,  2008(a) Aug. 10, 2005 119 Stat. 1533 Pub. L. 112141, div. C, title I,  31107 July 6, 2012 126 Stat. 755 Pub. L. 11494, div. A, title IV,  4006 Dec. 4, 2015 129 Stat. 1510 Pub. L. 11758, div. B, title IV,  24101(d)(1)(A) Nov. 15, 2021 135 Stat. 784  Editorial Notes Prior Provisions A prior section 408, added Pub. L. 97364, title I,  101(a) Oct. 25, 1982 96 Stat. 1738 Pub. L. 98363 July 17, 1984 98 Stat. 436 Pub. L. 10017, title II,  203(a) Apr. 2, 1987 101 Stat. 219 Pub. L. 10959, title II,  2006(a) Aug. 10, 2005 119 Stat. 1527 Pub. L. 112141,  3(a) July 6, 2012 126 Stat. 413 Oct. 1, 2012 Amendments 2021 Pub. L. 11758 [ 409. Renumbered  407] [ 410, 411. Repealed. Pub. L. 112141, div. C, title I,  31109(e) July 6, 2012 126 Stat. 757   Section 410, added Pub. L. 100690, title IX,  9002(a) Nov. 18, 1988 102 Stat. 4521 Pub. L. 101516, title III,  336 Nov. 5, 1990 104 Stat. 2186 Pub. L. 102240, title II,  2004(a) Dec. 18, 1991 105 Stat. 2073 Pub. L. 102388, title VI Oct. 6, 1992 106 Stat. 1569 Pub. L. 10459, title III,  324 Nov. 28, 1995 109 Stat. 591 Pub. L. 10518, title II,  8003 June 12, 1997 111 Stat. 195 Pub. L. 105130,  6(b) Dec. 1, 1997 111 Stat. 2558 Pub. L. 105178, title II,  2004(a) June 9, 1998 112 Stat. 328 Pub. L. 10888,  6(e)(1) Sept. 30, 2003 117 Stat. 1120 Pub. L. 108310,  6(e)(1) Sept. 30, 2004 118 Stat. 1152 Pub. L. 10959, title II,  2007(a) Aug. 10, 2005 119 Stat. 1529 Pub. L. 110244, title III,  303(c)(2) June 6, 2008 122 Stat. 1619 Pub. L. 111147, title IV,  421(f)(1) Mar. 18, 2010 124 Stat. 85 Pub. L. 11230, title I,  121(f)(1) Sept. 16, 2011 125 Stat. 347  Section 411, added Pub. L. 105178, title II,  2005(a) June 9, 1998 112 Stat. 332 Pub. L. 110244, title III,  303(c)(4) June 6, 2008 122 Stat. 1619 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Repeal of Programs Pub. L. 112141, div. C, title I,  31109(a) July 6, 2012 126 Stat. 756 A repeal made by this section [repealing sections 406 to 408, 410, and 411 of this title and repealing provisions set out as notes under sections 402, 403, and 405 of this title] shall not affect amounts apportioned or allocated before the effective date of such repeal [ Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title [ 412. Renumbered  408] CHAPTER 5 RESEARCH, TECHNOLOGY, AND EDUCATION    Sec.  501. Definitions.  502. Surface transportation research, development, and technology.  503. Research and technology development and deployment.  504. Training and education.  505. State planning and research.  [ 506 509. Repealed.]  510. Future strategic highway research program.  511. Multistate corridor operations and management.  512. National ITS program plan.  513. Use of funds for ITS activities.  514. Goals and purposes.  515. General authorities and requirements.  516. Research and development.  517. National architecture and standards.  518. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment.  519. Infrastructure development.  520. Transportation Resilience and Adaptation Centers of Excellence.  Editorial Notes Prior Provisions A prior chapter 5, added Pub. L. 90495,  30 Aug. 23, 1968 82 Stat. 830 Pub. L. 91646, title II,  220(a)(10) Jan. 2, 1971 84 Stat. 1903 Pub. L. 91646 Amendments 2021 Pub. L. 11758, div. A, title III,  13009(b) Nov. 15, 2021 135 Stat. 644 2015 Pub. L. 11494, div. A, title VI Dec. 4, 2015 129 Stat. 1568 2012 Pub. L. 112141, div. E, title II July 6, 2012 126 Stat. 872 2008 Pub. L. 110244, title I,  111(b)(2)(B) June 6, 2008 122 Stat. 1605 Pub. L. 10959,  5210 2005 Pub. L. 10959, title V,  5210(c) Aug. 10, 2005 119 Stat. 1804 Pub. L. 110244, title I,  111(b)(2)(B) June 6, 2008 122 Stat. 1605 Pub. L. 10959, title V Aug. 10, 2005 119 Stat. 1781  501. Definitions In this chapter, the following definitions apply: (1)  Federal laboratory The term Federal laboratory includes a Government-owned, Government-operated laboratory and a Government-owned, contractor-operated laboratory. (2)  Incident The term incident means a crash, natural disaster, workzone activity, special event, or other emergency road user occurrence that adversely affects or impedes the normal flow of traffic. (3)  Innovation lifecycle The term innovation lifecycle means the process of innovating through (A) the identification of a need; (B) the establishment of the scope of research to address that need; (C) setting an agenda; (D) carrying out research, development, deployment, and testing of the resulting technology or innovation; and (E) carrying out an evaluation of the costs and benefits of the resulting technology or innovation. (4)  Intelligent transportation infrastructure The term intelligent transportation infrastructure means fully integrated public sector intelligent transportation system components, as defined by the Secretary. (5)  Intelligent transportation system The terms intelligent transportation system and ITS mean electronics, photonics, communications, or information processing used singly or in combination to improve the efficiency or safety of a surface transportation system. (6)  National architecture For purposes of this chapter, the term national architecture means the common framework for interoperability that defines (A) the functions associated with intelligent transportation system user services; (B) the physical entities or subsystems within which the functions reside; (C) the data interfaces and information flows between physical subsystems; and (D) the communications requirements associated with the information flows. (7)  Project The term project means an undertaking to research, develop, or operationally test intelligent transportation systems or any other undertaking eligible for assistance under this chapter. (8)  Safety The term safety includes highway and traffic safety systems, research, and development relating to vehicle, highway, driver, passenger, bicyclist, and pedestrian characteristics, accident investigations, communications, emergency medical care, and transportation of the injured. (9)  Standard The term standard means a document that (A) contains technical specifications or other precise criteria for intelligent transportation systems that are to be used consistently as rules, guidelines, or definitions of characteristics so as to ensure that materials, products, processes, and services are fit for the intended purposes of the materials, products, processes, and services; and (B) may support the national architecture and promote (i) the widespread use and adoption of intelligent transportation system technology as a component of the surface transportation systems of the United States; and (ii) interoperability among intelligent transportation system technologies implemented throughout the States. (Added Pub. L. 105178, title V,  5101(2) June 9, 1998 112 Stat. 422 Pub. L. 112141, div. E, title II,  52001 July 6, 2012 126 Stat. 865  Prior Provisions A prior section 501, added Pub. L. 90495,  30 Aug. 23, 1968 82 Stat. 830 Pub. L. 91646, title II,  220(a)(10) Jan. 2, 1971 84 Stat. 1903 Editorial Notes Amendments 2012Pars. (2) to (9). Pub. L. 112141 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Authorization of Appropriations Pub. L. 11494, div. A, title VI,  6002 Dec. 4, 2015 129 Stat. 1561  (a)  In General The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1)  Highway research and development program To carry out section 503(b) of title 23 (2)  Technology and innovation deployment program To carry out section 503(c) of title 23 (A) $67,000,000 for fiscal year 2016; (B) $67,500,000 for fiscal year 2017; (C) $67,500,000 for fiscal year 2018; (D) $67,500,000 for fiscal year 2019; and (E) $67,500,000 for fiscal year 2020. (3)  Training and education To carry out section 504 of title 23 (4)  Intelligent transportation systems program To carry out sections 512 through 518 of title 23, United States Code, $100,000,000 for each of fiscal years 2016 through 2020. (5)  University transportation centers program To carry out section 5505 of title 49 (A) $72,500,000 for fiscal year 2016; (B) $75,000,000 for fiscal year 2017; (C) $75,000,000 for fiscal year 2018; (D) $77,500,000 for fiscal year 2019; and (E) $77,500,000 for fiscal year 2020. (6)  Bureau of transportation statistics To carry out chapter 63 of title 49, United States Code, $26,000,000 for each of fiscal years 2016 through 2020. (b)  Administration The Federal Highway Administration shall (1) administer the programs described in paragraphs (1), (2), and (3) of subsection (a); and (2) in consultation with relevant modal administrations, administer the programs described in subsection (a)(4). (c)  Applicability of Title , United States Code Funds authorized to be appropriated by subsection (a) shall (1) be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this Act [div. A of Pub. L. 11494 (2) remain available until expended and not be transferable, except as otherwise provided in this Act.  502. Surface transportation research, development, and technology (a)  Basic Principles Governing Research and Technology Investments. (1)  Applicability The research, development, and technology provisions of this section shall apply throughout this chapter. (2)  Coverage Surface transportation research and technology development shall include all activities within the innovation lifecycle leading to technology development and transfer, as well as the introduction of new and innovative ideas, practices, and approaches, through such mechanisms as field applications, education and training, communications, impact analysis, and technical support. (3)  Federal responsibility Funding and conducting surface transportation research and technology transfer activities shall be considered a basic responsibility of the Federal Government when the work (A) is of national significance; (B) delivers a clear public benefit and occurs where private sector investment is less than optimal; (C) supports a Federal stewardship role in assuring that State and local governments use national resources efficiently; (D) meets and addresses current or emerging needs; (E) addresses current gaps in research; (F) presents the best means to align resources with multiyear plans and priorities; (G) ensures the coordination of highway research and technology transfer activities, including through activities performed by university transportation centers; (H) educates transportation professionals; or (I) presents the best means to support Federal policy goals compared to other policy alternatives. (4)  Role Consistent with these Federal responsibilities, the Secretary shall (A) conduct research; (B) partner with State highway agencies and other stakeholders as appropriate to facilitate research and technology transfer activities; (C) communicate the results of ongoing and completed research; (D) lead efforts to coordinate national emphasis areas of highway research, technology, and innovation deployment; (E) leverage partnerships with industry, academia, international entities, and State departments of transportation; (F) lead efforts to reduce unnecessary duplication of effort; and (G) lead efforts to accelerate innovation delivery. (5)  Program content A surface transportation research program shall include (A) fundamental, long-term highway research; (B) research aimed at significant highway research gaps and emerging issues with national implications; and (C) research related to all highway objectives seeking to improve the performance of the transportation system. (6)  Stakeholder input Federal surface transportation research and development activities shall address the needs of stakeholders. Stakeholders include States, metropolitan planning organizations, local governments, tribal governments, the private sector, researchers, research sponsors, and other affected parties, including public interest groups. (7)  Competition and peer review Except as otherwise provided in this chapter, the Secretary shall award, to the maximum extent practicable, all grants, contracts, and cooperative agreements for research and development under this chapter based on open competition and peer review of proposals. (8)  Performance review and evaluation (A)  In general To the maximum extent practicable, all surface transportation research and development projects shall include a component of performance measurement and evaluation. (B)  Performance measures Performance measures shall be established during the proposal stage of a research and development project and shall, to the maximum extent possible, be outcome-based. (C)  Program plan To the maximum extent practicable, each program pursued under this chapter shall be part of a data-driven, outcome-oriented program plan. (D)  Availability of evaluations All evaluations under this paragraph shall be made readily available to the public. (9)  Technological innovation The programs and activities carried out under this section shall be consistent with the transportation research and development strategic plan under section 6503 of title 49 (b)  General Authority. (1)  Research, development, and technology transfer activities The Secretary may carry out research, development, and technology transfer activities with respect to (A) motor carrier transportation; (B) all phases of transportation planning and development (including construction, operation, transportation system management and operations, modernization, development, design, maintenance, safety, financing, and traffic conditions); and (C) the effect of State laws on the activities described in subparagraphs (A) and (B). (2)  Tests and development The Secretary may test, develop, or assist in testing and developing any material, invention, patented article, or process. (3)  Cooperation, grants, and contracts The Secretary may carry out research, development, and technology transfer activities related to transportation (A) independently; (B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or (C) by making grants to, or entering into contracts and cooperative agreements with one or more of the following: the National Academy of Sciences, the American Association of State Highway and Transportation Officials, any Federal laboratory, Federal agency, State agency, authority, association, institution, for-profit or nonprofit corporation, organization, foreign country, or any other person. (4)  Technological innovation The programs and activities carried out under this section shall be consistent with the transportation research and development strategic plan under section 6503 of title 49 (5)  Funds. (A)  Special account In addition to other funds made available to carry out this chapter, the Secretary shall use such funds as may be deposited by any cooperating organization or person in a special account of the Treasury established for this purpose. (B)  Use of funds The Secretary shall use funds made available to carry out this chapter to develop, administer, communicate, and promote the use of products of research, development, and technology transfer programs under this chapter. (6)  Pooled funding. (A)  Cooperation To promote effective utilization of available resources, the Secretary may cooperate with a State and an appropriate agency in funding research, development, and technology transfer activities of mutual interest on a pooled funds basis. (B)  Secretary as agent The Secretary may enter into contracts, cooperative agreements, and grants as the agent for all participating parties in carrying out such research, development, or technology transfer activities. (C)  Transfer of amounts among states or to federal highway administration The Secretary may, at the request of a State, transfer amounts apportioned or allocated to that State under this chapter to another State or the Federal Highway Administration to fund research, development, and technology transfer activities of mutual interest on a pooled funds basis. (D)  Transfer of obligation authority Obligation authority for amounts transferred under this subsection shall be disbursed in the same manner and for the same amount as provided for the project being transferred. (7)  Prize competitions (A)  In general The Secretary may use up to 1 percent of the funds made available under section 51001 of the Transportation Research and Innovative Technology Act of 2012 to carry out a program to competitively award cash prizes to stimulate innovation in basic and applied research and technology development that has the potential for application to the national transportation system. (B)  Topics In selecting topics for prize competitions under this paragraph, the Secretary shall (i) consult with a wide variety of governmental and nongovernmental representatives; and (ii) give consideration to prize goals that demonstrate innovative approaches and strategies to improve the safety, efficiency, and sustainability of the national transportation system. (C)  Advertising The Secretary shall encourage participation in the prize competitions through advertising efforts. (D)  Requirements and registration For each prize competition, the Secretary shall publish a notice on a public website that describes (i) the subject of the competition; (ii) the eligibility rules for participation in the competition; (iii) the amount of the prize; and (iv) the basis on which a winner will be selected. (E)  Eligibility An individual or entity may not receive a prize under this paragraph unless the individual or entity (i) has registered to participate in the competition pursuant to any rules promulgated by the Secretary under this section; (ii) has complied with all requirements under this paragraph; (iii) (I) in the case of a private entity, is incorporated in, and maintains a primary place of business in, the United States; or (II) in the case of an individual, whether participating singly or in a group, is a citizen or permanent resident of the United States; (iv) is not a Federal entity or Federal employee acting within the scope of his or her employment; and (v) has not received a grant to perform research on the same issue for which the prize is awarded. (F)  Liability (i)  Assumption of risk (I)  In general A registered participant shall agree to assume any and all risks and waive claims against the Federal Government and its related entities, except in the case of willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from participation in a competition, whether such injury, death, damage, or loss arises through negligence or otherwise. (II)  Related entity In this subparagraph, the term related entity means a contractor, subcontractor (at any tier), supplier, user, customer, cooperating party, grantee, investigator, or detailee. (ii)  Financial responsibility A participant shall obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Secretary, for claims by (I) a third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection with participation in a competition, with the Federal Government named as an additional insured under the registered participants insurance policy and registered participants agreeing to indemnify the Federal Government against third party claims for damages arising from or related to competition activities; and (II) the Federal Government for damage or loss to Government property resulting from such an activity. (G)  Judges (i)  Selection Subject to clause (iii), for each prize competition, the Secretary, either directly or through an agreement under subparagraph (H), may appoint 1 or more qualified judges to select the winner or winners of the prize competition on the basis of the criteria described in subparagraph (D). (ii)  Selection Judges for each competition shall include individuals from outside the Federal Government, including the private sector. (iii)  Limitations A judge selected under this subparagraph may not (I) have personal or financial interests in, or be an employee, officer, director, or agent of, any entity that is a registered participant in a prize competition under this paragraph; or (II) have a familial or financial relationship with an individual who is a registered participant. (H)  Administering the competition The Secretary may enter into an agreement with a private, nonprofit entity to administer the prize competition, subject to the provisions of this paragraph. (I)  Funding (i)  In general (I)  Private sector funding A cash prize under this paragraph may consist of funds appropriated by the Federal Government and funds provided by the private sector. (II)  Government funding The Secretary may accept funds from other Federal agencies, State and local governments, and metropolitan planning organizations for a cash prize under this paragraph. (III)  No special consideration The Secretary may not give any special consideration to any private sector entity in return for a donation under this subparagraph. (ii)  Availability of funds Notwithstanding any other provision of law, amounts appropriated for prize awards under this paragraph (I) shall remain available until expended; and (II) may not be transferred, reprogrammed, or expended for other purposes until after the expiration of the 10-year period beginning on the last day of the fiscal year for which the funds were originally appropriated. (iii)  Savings provision Nothing in this subparagraph may be construed to permit the obligation or payment of funds in violation of the Anti-Deficiency Act ( 31 U.S.C. 1341 (iv)  Prize announcement A prize may not be announced under this paragraph until all the funds needed to pay out the announced amount of the prize have been appropriated by a governmental source or committed to in writing by a private source. (v)  Prize increases The Secretary may increase the amount of a prize after the initial announcement of the prize under this paragraph if (I) notice of the increase is provided in the same manner as the initial notice of the prize; and (II) the funds needed to pay out the announced amount of the increase have been appropriated by a governmental source or committed to in writing by a private source. (vi)  Congressional notification A prize competition under this paragraph may offer a prize in an amount greater than $1,000,000 only after 30 days have elapsed after written notice has been transmitted to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Science, Space, and Technology of the House of Representatives. (vii)  Award limit A prize competition under this section may not result in the award of more than $25,000 in cash prizes without the approval of the Secretary. (J)  Compliance with existing law The Federal Government shall not, by virtue of offering or providing a prize under this paragraph, be responsible for compliance by registered participants in a prize competition with Federal law, including licensing, export control, and non-proliferation laws, and related regulations. (K)  Notice and annual report (i)  In general Not later than 30 days prior to carrying out an activity under subparagraph (A), the Secretary shall notify 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 of the intent to use such authority. (ii)  Reports (I)  In general The Secretary shall submit to the committees described in clause (i) on an annual basis a report on the activities carried out under subparagraph (A) in the preceding fiscal year if the Secretary exercised the authority under subparagraph (A) in that fiscal year. (II)  Information included A report under this subparagraph shall include, for each prize competition under subparagraph (A) (aa) a description of the proposed goals of the prize competition; (bb) an analysis of why the use of the authority under subparagraph (A) was the preferable method of achieving the goals described in item (aa) as opposed to other authorities available to the Secretary, such as contracts, grants, and cooperative agreements; (cc) the total amount of cash prizes awarded for each prize competition, including a description of the amount of private funds contributed to the program, the source of such funds, and the manner in which the amounts of cash prizes awarded and claimed were allocated among the accounts of the Department for recording as obligations and expenditures; (dd) the methods used for the solicitation and evaluation of submissions under each prize competition, together with an assessment of the effectiveness of such methods and lessons learned for future prize competitions; (ee) a description of the resources, including personnel and funding, used in the execution of each prize competition together with a detailed description of the activities for which such resources were used and an accounting of how funding for execution was allocated among the accounts of the agency for recording as obligations and expenditures; and (ff) a description of how each prize competition advanced the mission of the Department. (c)  Collaborative Research and Development. (1)  In general To encourage innovative solutions to surface transportation problems and stimulate the deployment of new technology, the Secretary may carry out, on a cost-shared basis, collaborative research and development with (A) non-Federal entities, including State and local governments, foreign governments, colleges and universities, corporations, institutions, partnerships, sole proprietorships, and trade associations that are incorporated or established under the laws of any State; and (B) Federal laboratories. (2)  Cooperation, grants, contracts, and agreements Notwithstanding any other provision of law, the Secretary may directly initiate contracts, cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a (3)  Federal share. (A)  In general The Federal share of the cost of activities carried out under a cooperative research and development agreement entered into under this chapter shall not exceed 80 percent, except that if there is substantial public interest or benefit, the Secretary may approve a greater Federal share. (B)  Non-federal share All costs directly incurred by the non-Federal partners, including personnel, travel, and hardware development costs, shall be credited toward the non-Federal share of the cost of the activities described in subparagraph (A). (4)  Use of technology The research, development, or use of a technology under a cooperative research and development agreement entered into under this chapter, including the terms under which the technology may be licensed and the resulting royalties may be distributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3701 (5)  Waiver of advertising requirements Section 6101(b) to (d) of title 41 shall not apply to a contract or agreement entered into under this chapter. (Added Pub. L. 105178, title V,  5102 June 9, 1998 112 Stat. 422 Pub. L. 10959, title V l Aug. 10, 2005 119 Stat. 17811785 Pub. L. 110244, title I,  111(g)(1) June 6, 2008 122 Stat. 1605 Pub. L. 111350,  5(e)(2) Jan. 4, 2011 124 Stat. 3847 Pub. L. 112141, div. E, title II,  52002(a) July 6, 2012 126 Stat. 866 Pub. L. 11494, div. A, title VI,  6019(d)(1)(C) Dec. 4, 2015 129 Stat. 1581  Editorial Notes  References in Text Section 51001 of the Transportation Research and Innovative Technology Act of 2012, referred to in subsec. (b)(7)(A), is section 51001 of title I of div. E of Pub. L. 112141 The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (c)(4), is Pub. L. 96480 Oct. 21, 1980 94 Stat. 2311 section 3701 of Title 15 Prior Provisions A prior section 502, added Pub. L. 90495,  30 Aug. 23, 1968 82 Stat. 831 Pub. L. 91646, title II,  220(a)(10) Jan. 2, 1971 84 Stat. 1903 Amendments 2015Subsec. (a)(9). Pub. L. 11494,  6019(d)(1)(C)(i) section 6503 of title 49 Subsec. (b)(4). Pub. L. 11494,  6019(d)(1)(C)(ii) section 6503 of title 49 2012 Pub. L. 112141,  52002(a)(1) Subsec. (a)(1). Pub. L. 112141,  52002(a)(2)(B) Subsec. (a)(2). Pub. L. 112141,  52002(a)(2)(A) Subsec. (a)(3). Pub. L. 112141,  52002(a)(2)(A) Subsec. (a)(3)(B). Pub. L. 112141,  52002(a)(2)(D)(i) Subsec. (a)(3)(D) to (I). Pub. L. 112141,  52002(a)(2)(D)(ii) Subsec. (a)(4). Pub. L. 112141,  52002(a)(2)(A) Subsec. (a)(4)(B) to (G). Pub. L. 112141,  52002(a)(2)(E) (B) support and facilitate research and technology transfer activities by State highway agencies; (C) share results of completed research; and (D) support and facilitate technology and innovation deployment. Subsec. (a)(5). Pub. L. 112141,  52002(a)(2)(A) Subsec. (a)(5)(C). Pub. L. 112141,  52002(a)(2)(F) Subsec. (a)(6). Pub. L. 112141,  52002(a)(2)(A) Subsec. (a)(7). Pub. L. 112141,  52002(a)(2)(A) Subsec. (a)(8). Pub. L. 112141,  52002(a)(2)(A) Subsec. (a)(9). Pub. L. 112141,  52002(a)(2)(A) Subsec. (b)(4). Pub. L. 112141,  52002(a)(3)(A) Subsec. (b)(5). Pub. L. 112141,  52002(a)(3)(B) Subsec. (b)(6)(C), (D). Pub. L. 112141,  52002(a)(3)(C) Subsec. (b)(7). Pub. L. 112141,  52002(a)(3)(D) Subsec. (c)(3)(A). Pub. L. 112141,  52002(a)(4)(A) Subsec. (c)(4). Pub. L. 112141,  52002(a)(4)(B) Subsecs. (d) to (j). Pub. L. 112141,  52002(a)(5) 2011Subsec. (c)(5). Pub. L. 111350 41 U.S.C. 5 2008Subsec. (h). Pub. L. 110244 Jan. 31, 1999 2005Subsec. (a). Pub. L. 10959,  5201(b)(2) Subsec. (b). Pub. L. 10959,  5201(b)(1) Subsec. (b)(1)(B). Pub. L. 10959,  5201(e)(1) Subsec. (b)(3). Pub. L. 10959,  5201(c) (A) independently; (B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or (C) by making grants to, or entering into contracts, cooperative agreements, and other transactions with, the National Academy of Sciences, the American Association of State Highway and Transportation Officials, or any Federal laboratory, State agency, authority, association, institution, for-profit or nonprofit corporation, organization, foreign country, or person. Subsec. (b)(6). Pub. L. 10959,  5201(d) Subsec. (c). Pub. L. 10959,  5201(b)(1) Subsec. (c)(2). Pub. L. 10959,  5201(f) 15 U.S.C. 3710a Subsec. (d). Pub. L. 10959,  5201(b)(1) Subsec. (d)(5)(C). Pub. L. 10959,  5201(e)(2) Subsec. (d)(12) to (14). Pub. L. 10959,  5201(e)(3) Subsec. (e). Pub. L. 10959,  5201(g) Pub. L. 10959,  5201(b)(1) Subsec. (f). Pub. L. 10959,  5201(i)(1) Sept. 30, 2009 Pub. L. 10959,  5201(b)(1) Subsec. (g). Pub. L. 10959,  5201(j)(1) Pub. L. 10959,  5201(b)(1) Subsec. (h). Pub. L. 10959,  5201(k) July 31, 2006 Pub. L. 10959,  5201(b)(1) Jan. 31, 1999 Subsec. (i). Pub. L. 10959,  5201 l Subsec. (j). Pub. L. 10959,  5202(a)(1) Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Smart Community Resource Center Pub. L. 11758, div. B, title V,  25002 Nov. 15, 2021 135 Stat. 837  (a)  Definitions In this section: (1)  Resource center The term resource center means the Smart Community Resource Center established under subsection (b). (2)  Smart community The term smart community means a community that uses innovative technologies, data, analytics, and other means to improve the community and address local challenges. (b)  Establishment The Secretary [of Transportation] shall work with the modal administrations of the Department [of Transportation] and with such other Federal agencies and departments as the Secretary determines to be appropriate to make available to the public on an Internet website a resource center, to be known as the Smart Community Resource Center, that includes a compilation of resources or links to resources for States and local communities to use in developing and implementing (1) intelligent transportation system programs; or (2) smart community transportation programs. (c)  Inclusions The resource center shall include links to (1) existing programs and resources for intelligent transportation system or smart community transportation programs, including technical assistance, education, training, funding, and examples of intelligent transportation systems or smart community transportation programs implemented by States and local communities, available from (A) the Department; (B) other Federal agencies; and (C) non-Federal sources; (2) existing reports or databases with the results of intelligent transportation system or smart community transportation programs; (3) any best practices developed or lessons learned from intelligent transportation system or smart community transportation programs; and (4) such other resources as the Secretary determines to be appropriate. (d)  Deadline The Secretary shall establish the resource center by the date that is 1 year after the date of enactment of this Act [ Nov. 15, 2021 (e)  Updates The Secretary shall ensure that the resource center is updated on a regular basis. Strengthening Mobility and Revolutionizing Transportation Grant Program Pub. L. 11758, div. B, title V,  25005 Nov. 15, 2021 135 Stat. 840  (a)  Definitions In this section: (1)  Eligible entity The term eligible entity means (A) a State; (B) a political subdivision of a State; (C) a Tribal government; (D) a public transit agency or authority; (E) a public toll authority; (F) a metropolitan planning organization; and (G) a group of 2 or more eligible entities described in any of subparagraphs (A) through (F) applying through a single lead applicant. (2)  Eligible project The term eligible project means a project described in subsection (e). (3)  Large community The term large community means a community with a population of not less than 400,000 individuals, as determined under the most recent annual estimate of the Bureau of the Census. (4)  Midsized community The term midsized community (5) Regional partnership (6) Rural community section 5302 of title 49 (7) SMART grant (b) Establishment of Program (c) Distribution (d) Applications. (1) In general (2) Transparency (3) Selection criteria. (A) In general (i) the extent to which the eligible entity or applicable beneficiary community (I) has a public transportation system or other transit options capable of integration with other systems to improve mobility and efficiency; (II) has a population density and transportation needs conducive to demonstrating proposed strategies; (III) has continuity of committed leadership and the functional capacity to carry out the proposed project; (IV) is committed to open data sharing with the public; and (V) is likely to successfully implement the proposed eligible project, including through technical and financial commitments from the public and private sectors; and (ii) the extent to which a proposed eligible project will use advanced data, technology, and applications to provide significant benefits to a local area, a State, a region, or the United States, including the extent to which the proposed eligible project will (I) reduce congestion and delays for commerce and the traveling public; (II) improve the safety and integration of transportation facilities and systems for pedestrians, bicyclists, and the broader traveling public; (III) improve access to jobs, education, and essential services, including health care; (IV) connect or expand access for underserved or disadvantaged populations and reduce transportation costs; (V) contribute to medium- and long-term economic competitiveness; (VI) improve the reliability of existing transportation facilities and systems; (VII) promote connectivity between and among connected vehicles, roadway infrastructure, pedestrians, bicyclists, the public, and transportation systems[;] (VIII) incentivize private sector investments or partnerships, including by working with mobile and fixed telecommunication service providers, to the extent practicable; (IX) improve energy efficiency or reduce pollution; (X) increase the resiliency of the transportation system; and (XI) improve emergency response. (B) Priority (i) demonstrate smart city or community technologies in repeatable ways that can rapidly be scaled; (ii) encourage public and private sharing of data and best practices; (iii) encourage private-sector innovation by promoting industry-driven technology standards, open platforms, technology-neutral requirements, and interoperability; (iv) promote a skilled workforce that is inclusive of minority or disadvantaged groups; (v) allow for the measurement and validation of the cost savings and performance improvements associated with the installation and use of smart city or community technologies and practices; (vi) encourage the adoption of smart city or community technologies by communities; (vii) promote industry practices regarding cybersecurity; and (viii) safeguard individual privacy. (4) Technical assistance (e) Use of Grant Funds. (1) Eligible projects. (A) In general (i) Coordinated automation (ii) Connected vehicles (iii) Intelligent, sensor-based infrastructure (iv) Systems integration (v) Commerce delivery and logistics (vi) Leveraging use of innovative aviation technology (vii) Smart grid (viii) Smart technology traffic signals (I) the use of automated traffic signal performance measures; (II) implementing strategies, activities, and projects that support active management of traffic signal operations, including through optimization of corridor timing, improved vehicle, pedestrian, and bicycle detection at traffic signals, or the use of connected vehicle technologies; (III) replacing outdated traffic signals; or (IV) for an eligible entity serving a population of less than 500,000, paying the costs of temporary staffing hours dedicated to updating traffic signal technology. (2) Eligible project costs (A) development phase activities, including (i) planning; (ii) feasibility analyses; (iii) revenue forecasting; (iv) environmental review; (v) permitting; (vi) preliminary engineering and design work; (vii) systems development or information technology work; and (viii) acquisition of real property (including land and improvements to land relating to an eligible project); and (B) construction phase activities, including (i) construction; (ii) reconstruction; (iii) rehabilitation; (iv) replacement; (v) environmental mitigation; (vi) construction contingencies; and (vii) acquisition of equipment, including vehicles. (3) Prohibited uses (A) to reimburse any preaward costs or application preparation costs of the SMART grant application; (B) for any traffic or parking enforcement activity; or (C) to purchase or lease a license plate reader. (f) Reports. (1) Eligible entities (A) the deployment and operational costs of each eligible project carried out by the eligible entity, as compared to the benefits and savings from the eligible project; and (B) the means by which each eligible project carried out by the eligible entity has met the original expectation, as projected in the SMART grant application, including (i) data describing the means by which the eligible project met the specific goals for the project, such as (I) reducing traffic-related fatalities and injuries; (II) reducing traffic congestion or improving travel-time reliability; (III) providing the public with access to real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions; or (IV) reducing barriers or improving access to jobs, education, or various essential services; (ii) the effectiveness of providing to the public real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions; and (iii) lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance. (2) GAO Nov. 15, 2021 (3) Secretary. (A) Report to congress (i) describes each eligible entity that received a SMART grant; (ii) identifies the amount of each SMART grant provided; (iii) summarizes the intended uses of each SMART grant; (iv) describes the effectiveness of eligible entities in meeting the goals described in the SMART grant application of the eligible entity, including an assessment or measurement of the realized improvements or benefits resulting from each SMART grant; and (v) describes lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance. (B) Best practices (i) develop and regularly update best practices based on, among other information, the data, lessons learned, and feedback from eligible entities that received SMART grants; (ii) publish the best practices under clause (i) on a publicly available website; and (iii) update the best practices published on the website under clause (ii) regularly. (g) Authorization of Appropriations. (1) In general (A) not more than 40 percent shall be used to provide SMART grants for eligible projects that primarily benefit large communities; (B) not more than 30 percent shall be provided for eligible projects that primarily benefit midsized communities; and (C) not more than 30 percent shall be used to provide SMART grants for eligible projects that primarily benefit rural communities or regional partnerships. (2) Administrative costs (3) Limitation (4) Availability Transportation Safety Information Management System Project Pub. L. 10959, title V,  5501 Aug. 10, 2005 119 Stat. 1820  (a)  In General The Secretary [of Transportation] shall fund and carry out a project to further the development of a comprehensive transportation safety information management system (in this section referred to as TSIMS). (b)  Purposes The purpose of the TSIMS project is to further the development of a software application to provide for the collection, integration, management, and dissemination of safety data from and for use among State and local safety and transportation agencies, including driver licensing, vehicle registration, emergency management system, injury surveillance, roadway inventory, and motor carrier databases. (c)  Funding. (1)  Federal funding Of the amounts made available by section 5101(a)(1) of this Act [ 119 Stat. 1779 (2)  State contribution The sums authorized in paragraph (1) are intended to supplement voluntary contributions to be made by State departments of transportation and other State safety and transportation agencies. Surface Transportation Congestion Relief Solutions Research Initiative Pub. L. 10959, title V,  5502 Aug. 10, 2005 119 Stat. 1820  (a)  Establishment The Secretary [of Transportation] shall establish a surface transportation congestion solutions research initiative consisting of 2 independent research programs described in subsections (b)(1) and (b)(2) and designed to develop information to assist State transportation departments and metropolitan planning organizations [to] measure and address surface transportation congestion problems. (b)  Surface Transportation Congestion Solutions Research Program. (1)  Improved surface transportation congestion management system measures The purposes of the first research program established under this section shall be (A) to examine the effectiveness of surface transportation congestion management systems since enactment of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102240 Dec. 18, 1991 (B) to identify best case examples of locally designed reporting methods and incorporate such methods in research on national models for developing and recommending improved surface transportation congestion measurement and reporting; and (C) to incorporate such methods in the development of national models and methods to monitor, measure, and report surface transportation congestion information. (2)  Analytical techniques for action on surface transportation congestion The purposes of the second research program established under this section shall be (A) to analyze the effectiveness of procedures used by State transportation departments and metropolitan planning organizations to assess surface transportation congestion problems and communicate those problems to decisionmakers; and (B) to identify methods to ensure that the results of surface transportation congestion analyses lead to the targeting of funding for programs, projects, or services with demonstrated effectiveness in reducing travel delay, congestion, and system unreliability. (c)  Technical Assistance and Training In fiscal year 2006, the Secretary [of Transportation] shall develop a technical assistance and training program to disseminate the results of the surface transportation congestion solutions research initiative for the purpose of assisting State transportation departments and local transportation agencies with improving their approaches to surface transportation congestion measurement, analysis, and project programming. (d)  Funding Of the amounts made available by section 5101(a)(1) of this Act [ 119 Stat. 1779 Thermal Imaging Pub. L. 10959, title V,  5513(a) Aug. 10, 2005 119 Stat. 1829  (1)  In general The Secretary [of Transportation] shall make a grant to carry out a demonstration project that uses a thermal imaging inspection system (TIIS) that leverages state-of-the-art thermal imagery technology, integrated with signature recognition software, providing the capability to identify, in real time, faults and failures in tires, brakes and bearings mounted on commercial motor vehicles. (2)  Use of funds Funds shall be used (A) to employ a TIIS in a field environment, along the Interstate, to further assess the systems ability to identify faults in tires, brakes, and bearings mounted on commercial motor vehicles; (B) to establish, through statistical analysis, the probability of failure for each component; and (C) to develop and integrate a predictive tool into the TIIS, which identifies an impending tire, brake, or bearing failure and provides the use of a time frame in which this failure may occur. (3)  Funding Of the amounts made available under section 5101(a)(1) of this Act [ 119 Stat. 1779 Study of Future Strategic Highway Research Program Pub. L. 105178, title V,  5112 June 9, 1998 112 Stat. 445  (a)  Study Not later than 120 days after the date of enactment of this Act [ June 9, 1998 (b)  Consultation In conducting the study, the Board shall consult with the American Association of State Highway and Transportation Officials and such other entities as the Board determines appropriate to the conduct of the study. (c)  Report Not later than 5 years after making a grant or entering into a cooperative agreement or contract under subsection (a), the Board shall submit a final report on the results of the study to the Secretary, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives. Commercial Remote Sensing Products and Spatial Information Technologies Pub. L. 10959, title V,  5506 Aug. 10, 2005 119 Stat. 1823  (a)  In General The Secretary [of Transportation] shall establish and carry out a program to validate commercial remote sensing products and spatial information technologies for application to national transportation infrastructure development and construction. (b)  Program. (1)  National policy The Secretary [of Transportation] shall establish and maintain a national policy for the use of commercial remote sensing products and spatial information technologies in national transportation infrastructure development and construction. (2)  Policy implementation The Secretary shall develop new applications of commercial remote sensing products and spatial information technologies for the implementation of the national policy established and maintained under paragraph (1). (c)  Cooperation The Secretary [of Transportation] shall carry out this section in cooperation with a consortium of university research centers. (d)  Funding Of the amounts made available by section 5101(a)(1) of this Act [ 119 Stat. 1779 Pub. L. 105178, title V,  5113 June 9, 1998 112 Stat. 445  (a)  In General The Secretary shall establish and carry out a program to validate commercial remote sensing products and spatial information technologies for application to national transportation infrastructure development and construction. (b)  Program Stages. (1)  First stage Not later than 18 months after the date of enactment of this Act [ June 9, 1998 (2)  Second stage After establishment of the national policy under paragraph (1), the Secretary shall develop new applications of commercial remote sensing products and spatial information technologies for the implementation of the national policy. (c)  Cooperation The Secretary shall carry out this section in cooperation with the Commercial Remote Sensing Program of the National Aeronautics and Space Administration and a consortium of university research centers. (d)  Authorization of Appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 1999 through 2004. Transportation Technology Innovation and Demonstration Program Pub. L. 10959, title V,  5204(g) Aug. 10, 2005 119 Stat. 1794  (1)  Fundamental properties of asphalts and modified asphalts The Secretary [of Transportation] shall continue to carry out section 5117(b)(5) of the Transportation Equity Act for the 21st Century [ Pub. L. 105178 112 Stat. 450 (2)  Transportation, economic, and land use system The Secretary shall continue to carry out section 5117(b)(7) of the Transportation Equity Act for the 21st Century ( 112 Stat. 450 (3)  Funding Of the amounts made available by section 5101(a)(1) of this Act [ 119 Stat. 1779 Pub. L. 105178, title V,  5117 June 9, 1998 112 Stat. 448 Pub. L. 105206, title IX,  9011(g) July 22, 1998 112 Stat. 864 Pub. L. 105277, div. A,  101(g) [title III,  3769 [369] Oct. 21, 1998 112 Stat. 2681439 Pub. L. 107117, div. B,  1101 Jan. 10, 2002 115 Stat. 2330 Pub. L. 10959, title V,  5508 Aug. 10, 2005 119 Stat. 1824  (a)  In General The Secretary shall carry out a transportation technology innovation and demonstration program in accordance with the requirements of this section. (b)  Contents of Program. (1)  Motor vehicle safety warning system. (A)  In general The Secretary shall expand and continue the study authorized by section 358(c) of the National Highway System Designation Act of 1995 [ Pub. L. 10459 23 U.S.C. 401 109 Stat. 625 (B)  Grants In carrying out this paragraph, the Secretary may make grants to State and local governments. (C)  Funding Of the amounts made available for each of fiscal years 1998 through 2000 by section 5001(a)(2) of this Act [ 112 Stat. 419 (2)  Motor carrier advanced sensor control system. (A)  In general The Secretary shall conduct research on the deployment of a system of advanced sensors and signal processors in trucks and tractor trailers to determine axle and wheel alignment, monitor collision alarm, check tire pressure and tire balance conditions, measure and detect load distribution in the vehicle, and monitor and adjust automatic braking systems. (B)  Funding Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(2) of this Act, $700,000 per fiscal year shall be available to carry out this paragraph. (3)  Intelligent transportation infrastructure. (A)  Definitions In this paragraph: (i)  Congested area The term congested area means a metropolitan area that experiences significant traffic congestion, as determined by the Secretary on an annual basis, including the metropolitan areas of Albany, Atlanta, Austin, Burlington, Charlotte, Columbus, Greensboro, Hartford, Jacksonville, Kansas City, Louisville, Milwaukee, Minneapolis-St. Paul, Nashville, New Orleans, Norfolk, Raleigh, Richmond, Sacramento, San Jose, Tuscson, and Tulsa. (ii)  Deployment area The term deployment area means any of the metropolitan areas of Baltimore, Birmingham, Boston, Chicago, Cleveland, Dallas/Fort Worth, Denver, Detroit, Houston, Indianapolis, Las Vegas, Los Angeles, Miami, New York/Northern New Jersey, Northern Kentucky/Cincinnati, Oklahoma City, Orlando, Philadelphia, Phoenix, Pittsburgh, Portland, Providence, Salt Lake, San Diego, San Francisco, St. Louis, Seattle, Tampa, and Washington, District of Columbia. (iii)  Metropolitan area The term metropolitan area, including a major transportation corridor serving a metropolitan area, means any area that (I) has a population exceeding 300,000; and (II) meets criteria established by the Secretary in conjunction with the intelligent vehicle highway systems corridors program. (iv)  Original contract The term original contract means the Department of Transportation contract numbered DTTS 5999D00445 T020013. (v)  Program The term program means the 2-part intelligent transportation infrastructure program carried out under this paragraph. (vi)  State transportation department The term State transportation department means (I) a State transportation department (as defined in section 101 of title 23 (II) a designee of a State transportation department (as so defined) for the purpose of entering into contracts. (vii)  Uncommitted funds The term uncommitted funds means the total amount of funds that, as of the date that is 180 days after the date of enactment of the SAFETEALU [ Aug. 10, 2005 (B)  Intelligent transportation infrastructure program. (i)  In general The Secretary shall carry out a 2-part intelligent transportation infrastructure program in accordance with this paragraph to advance the deployment of an operational intelligent transportation infrastructure system, through measurement of various transportation system activities, to simultaneously (I) aid in transportation planning and analysis; and (II) make a significant contribution to the ITS program under this title [see Tables for classification]. (ii)  Objectives The objectives of the program are (I) to build or integrate an infrastructure of the measurement of various transportation system metrics to aid in planning, analysis, and maintenance of the Department of Transportation, including the buildout, maintenance, and operation of greater than 40 metropolitan area systems with a total cost not to exceed $2,000,000 for each metropolitan area; (II) to provide private technology commercialization initiatives to generate revenues that will be reinvested in the intelligent transportation infrastructure system; (III) to aggregate data into reports for multipoint data distribution techniques; and (IV) with respect to part I of the program under subparagraph (C), to use an advanced information system designed and monitored by an entity with experience with the Department of Transportation in the design and monitoring of high-reliability, mission-critical voice and data systems. (C)  Part I. (i)  In general In carrying out part I of the program, the Secretary shall permit the entity to which the original contract was awarded to use uncommitted funds to deploy intelligent transportation infrastructure systems that have been accepted by the Secretary (I) in accordance with the terms of the original contract; and (II) in any deployment area, with the consent of the State transportation department for the deployment area. (ii)  Applicable conditions The same asset ownership, maintenance, fixed price contract, and revenue sharing model, and the same competitively selected consortium leader, as were used for the deployment of intelligent transportation infrastructure systems under the original contract before the date of enactment of the SAFETEALU [ Aug. 10, 2005 (iii)  Deployment in congested areas If the entity referred to in clause (i) is unable to use the uncommitted funds by deploying intelligent transportation infrastructure systems in deployment areas, as determined by the Secretary, the entity may deploy the systems in accordance with this paragraph in one or more congested areas, with the consent of the State transportation departments for the congested areas. (D)  Part II. (i)  In general In carrying out part II of the program, the Secretary shall award, on a competitive basis, contracts for the deployment of intelligent transportation infrastructure systems that have been accepted by the Secretary in congested areas, with the consent of the State transportation departments for the congested areas. (ii)  Requirements The Secretary shall award contracts under clause (i) (I) for individual congested areas among entities that seek to deploy intelligent transportation infrastructure systems in the congested areas; and (II) on the condition that the terms of each contract awarded requires the entity deploying such system to ensure that the deployed system is compatible (as determined by the Secretary) with systems deployed in other congested areas under this paragraph. (iii)  Provisions in contracts The Secretary shall require that each contract for the deployment of an intelligent transportation infrastructure system under this subparagraph contain such provisions relating to asset ownership, maintenance, fixed price, and revenue sharing as the Secretary considers to be appropriate. (E)  Use of funds for undeployed systems. (i)  In general If, under part I or part II of the program, a State transportation department for a deployment area or congested area does not consent by the later of the date that is 180 days after the date of enactment of the SAFETEALU [ Aug. 10, 2005 (ii)  No inclusion in cost limitation Costs paid using funds provided through a distribution under clause (i) shall not be considered in determining the limitation on maximum cost described in subparagraph (F)(ii). (F)  Federal share; limits on costs of systems for metropolitan areas. (i)  Federal share Subject to clause (ii), the Federal share of the cost of any project or activity carried out under the program shall be 80 percent. (ii)  Limit on costs of system for each metropolitan area. (I)  In general Not more than $2,000,000 may be provided under this paragraph for deployment of an intelligent transportation infrastructure system for a metropolitan area. (II)  Funding under each part A metropolitan area in which an intelligent transportation infrastructure system is deployed under part I or part II under subparagraphs (C) and (D), respectively, including through a distribution of funds under subparagraph (E), may not receive any additional deployment under the other part of the program. (G)  Use of rights-of-way. (i)  In general An intelligent transportation system project described in this paragraph or paragraph (6) that involves privately owned intelligent transportation system components and is carried out using funds made available from the Highway Trust Fund shall not be subject to any law (including a regulation) of a State or political subdivision of a State prohibiting or regulating commercial activities in the rights-of-way of a highway for which Federal-aid highway funds have been used for planning, design, construction, or maintenance for the project, if the Secretary determines that such use is in the public interest. (ii)  Effect of subparagraph Nothing in this subparagraph affects the authority of a State or political subdivision of a State (I) to regulate highway safety; or (II) under sections 253 and 332(c)(7) of the Communications Act of 1934 ( 47 U.S.C. 253 (H)  Authorization of appropriations There is authorized to be appropriated such sums as may be necessary for each of fiscal years 2005 through 2009 to carry out this paragraph. (4)  Corrosion control and prevention. (A)  In general The Secretary shall make a grant to conduct a study on the costs and benefits of corrosion control and prevention. The study shall be conducted in conjunction with an interdisciplinary team of experts from the fields of metallurgy, chemistry, economics, and others, as appropriate. Not later than September 30, 2001 (B)  Funding Of the amounts made available for each of fiscal years 1999 and 2000 by section 5001(a)(1) of this Act [ 112 Stat. 419 (5)  Fundamental properties of asphalts and modified asphalts. (A)  In general The Secretary shall continue to carry out section 6016 of the Intermodal Surface Transportation Efficiency Act of 1991 [ Pub. L. 102240 (B)  Funding Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(1) of this Act, $1,000,000 for fiscal year 1998 and $3,000,000 for each of fiscal years 1999 through 2003 shall be available to carry out this paragraph. (6)  Advanced Traffic Monitoring and Response Center. (A)  In general The Secretary shall make grants to the Commonwealth of Pennsylvania, in conjunction with the Pennsylvania Turnpike Commission, to establish an advanced traffic monitoring and emergency response center at Letterkenny Army Depot in Chambersburg, Pennsylvania. The center shall help develop and coordinate traffic monitoring and ITS systems on portions of the Pennsylvania Turnpike system and I81, coordinate emergency response with State and local governments in the Central Pennsylvania Region and conduct research on emergency response and prototype trauma response. (B)  Funding. (i)  Eligibility under section 5208 The center established under this paragraph shall be eligible for funding under section 5208 of this Act [set out in a note below]. (ii)  Allocation Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(2) of this Act, $1,667,000 per fiscal year shall be available to carry out this paragraph. (7)  Transportation economic and land use system. (A)  In general The Secretary shall continue development and deployment through the New Jersey Institute of Technology to metropolitan planning organizations of the Transportation Economic and Land Use System. (B)  Funding Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(2) of this Act, $1,000,000 per fiscal year shall be available to carry out this paragraph. (8)  Recycled materials resource center. (A)  Establishment The Secretary shall establish at the University of New Hampshire a research program to be known as the Recycled Materials Resource Center (referred to in this paragraph as the Center). (B)  Activities. (i)  In general The Center shall (I) systematically test, evaluate, develop appropriate guidelines for, and demonstrate environmentally acceptable and occupationally safe technologies and techniques for the increased use of traditional and nontraditional recycled and secondary materials in transportation infrastructure construction and maintenance; (II) make information available to State transportation departments, the Federal Highway Administration, the construction industry, and other interested parties to assist in evaluating proposals to use traditional and nontraditional recycled and secondary materials in transportation infrastructure construction; (III) encourage the increased use of traditional and nontraditional recycled and secondary materials by using sound science to analyze thoroughly all potential long-term considerations that affect the physical and environmental performance of the materials; and (IV) work cooperatively with Federal and State officials to reduce the institutional barriers that limit widespread use of traditional and nontraditional recycled and secondary materials and to ensure that such increased use is consistent with the sustained environmental and physical integrity of the infrastructure in which the materials are used. (ii)  Sites and projects under actual field conditions In carrying out clause (i)(III), the Secretary may authorize the Center to (I) use test sites and demonstration projects under actual field conditions to develop appropriate performance data; and (II) develop appropriate tests and guidelines to ensure correct use of recycled and secondary materials in transportation infrastructure construction. (C)  Review and Evaluation. (i)  In general Not less often than every 2 years, the Secretary shall review and evaluate the program carried out by the Center. (ii)  Notification of deficiencies In carrying out clause (i), if the Secretary determines that the Center is deficient in carrying out subparagraph (B), the Secretary shall notify the Center of each deficiency and recommend specific measures to address the deficiency. (iii)  Disqualification If, after the end of the 180-day period that begins on the date of notification to the Center under clause (ii), the Secretary determines that the Center has not corrected each deficiency identified under clause (ii), the Secretary may, after notifying the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the determination, disqualify the Center from further participation under this section. (D)  Funding Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(1) of this Act, $1,500,000 per fiscal year shall be available to carry out this paragraph. Intelligent Transportation Systems Pub. L. 11758, div. A, title I,  11304 Nov. 15, 2021 135 Stat. 531  (a)  In General The Secretary [of Transportation] shall develop guidance for using existing flexibilities with respect to the systems engineering analysis described in part 940 of title 23, Code of Federal Regulations (or successor regulations). (b)  Implementation The Secretary shall ensure that any guidance developed under subsection (a) (1) clearly identifies criteria for low-risk and exempt intelligent transportation systems projects, with a goal of minimizing unnecessary delay or paperwork burden; (2) is consistently implemented by the Department [of Transportation] nationwide; and (3) is disseminated to Federal-aid recipients. (c)  Savings Provision Nothing in this section prevents the Secretary from amending part 940 of title 23, Code of Federal Regulations (or successor regulations), to reduce State administrative burdens. Pub. L. 105178, title V June 9, 1998 112 Stat. 452 Pub. L. 105206, title IX,  9011(c) July 22, 1998 112 Stat. 863 Pub. L. 105277, div. A,  101(g) [title III,  370] Oct. 21, 1998 112 Stat. 2681439 Pub. L. 10959, title V,  5509 Aug. 10, 2005 119 Stat. 1828 Pub. L. 11494, div. A, title VI,  6019(d)(2) Dec. 4, 2015 129 Stat. 1581 Pub. L. 117286,  4(a)(174) Dec. 27, 2022 136 Stat. 4325  SEC. 5201. SHORT TITLE. This subtitle may be cited as the Intelligent Transportation Systems Act of 1998. SEC. 5202. FINDINGS. Congress finds that (1) investments authorized by the Intermodal Surface Transportation Efficiency Act of 1991 ( 105 Stat. 1914 Pub. L. 104240 (2) continued investment in architecture and standards development, research, and systems integration is needed to accelerate the rate at which intelligent transportation systems are incorporated into the national surface transportation network, thereby improving transportation safety and efficiency and reducing costs and negative impacts on communities and the environment. SEC. 5203. GOALS AND PURPOSES. (a)  Goals The goals of the intelligent transportation system program include (1) enhancement of surface transportation efficiency and facilitation of intermodalism and international trade to enable existing facilities to meet a significant portion of future transportation needs, including public access to employment, goods, and services, and to reduce regulatory, financial, and other transaction costs to public agencies and system users; (2) achievement of national transportation safety goals, including the enhancement of safe operation of motor vehicles and nonmotorized vehicles, with particular emphasis on decreasing the number and severity of collisions; (3) protection and enhancement of the natural environment and communities affected by surface transportation, with particular emphasis on assisting State and local governments to achieve national environmental goals; (4) accommodation of the needs of all users of surface transportation systems, including operators of commercial vehicles, passenger vehicles, and motorcycles, and including individuals with disabilities; and (5) improvement of the Nations ability to respond to emergencies and natural disasters and enhancement of national defense mobility. (b)  Purposes The Secretary shall implement activities under the intelligent system transportation program to, at a minimum (1) expedite, in both metropolitan and rural areas, deployment and integration of intelligent transportation systems for consumers of passenger and freight transportation; (2) ensure that Federal, State, and local transportation officials have adequate knowledge of intelligent transportation systems for full consideration in the transportation planning process; (3) improve regional cooperation and operations planning for effective intelligent transportation system deployment; (4) promote the innovative use of private resources; (5) develop a workforce capable of developing, operating, and maintaining intelligent transportation systems; and (6) complete deployment of Commercial Vehicle Information Systems and Networks in a majority of States by September 30, 2003 SEC. 5204. GENERAL AUTHORITIES AND REQUIREMENTS. (a)  Scope Subject to the provisions of this subtitle, the Secretary shall conduct an ongoing intelligent transportation system program to research, develop, and operationally test intelligent transportation systems and advance nationwide deployment of such systems as a component of the surface transportation systems of the United States. (b)  Policy Intelligent transportation system operational tests and deployment projects funded pursuant to this subtitle shall encourage and not displace public-private partnerships or private sector investment in such tests and projects. (c)  Cooperation With Governmental, Private, and Educational Entities The Secretary shall carry out the intelligent transportation system program in cooperation with State and local governments and other public entities, the United States private sector, the Federal laboratories, and colleges and universities, including historically black colleges and universities and other minority institutions of higher education. (d)  Consultation With Federal Officials In carrying out the intelligent transportation system program, the Secretary, as appropriate, shall consult with the Secretary of Commerce, the Secretary of the Treasury, the Administrator of the Environmental Protection Agency, the Director of the National Science Foundation, and the heads of other Federal departments and agencies. (e)  Technical Assistance, Training, and Information The Secretary may provide technical assistance, training, and information to State and local governments seeking to implement, operate, maintain, or evaluate intelligent transportation system technologies and services. (f)  Transportation Planning The Secretary may provide funding to support adequate consideration of transportation system management and operations, including intelligent transportation systems, within metropolitan and statewide transportation planning processes. (g)  Information Clearinghouse. (1)  In general The Secretary shall (A) maintain a repository for technical and safety data collected as a result of federally sponsored projects carried out under this subtitle; and (B) on request, make that information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost. (2)  Delegation of authority. (A)  In general The Secretary may delegate the responsibility of the Secretary under this subsection, with continuing oversight by the Secretary, to an appropriate entity not within the Department of Transportation. (B)  Federal assistance If the Secretary delegates the responsibility, the entity to which the responsibility is delegated shall be eligible for Federal assistance under this section. (h)  Advisory Committees. (1)  In general In carrying out this subtitle, the Secretary may use 1 or more advisory committees. (2)  Applicability of chapter of title , united states code Any advisory committee so used shall be subject to chapter 10 of title 5, United States Code. (i)  Procurement Methods. (1)  Technical assistance The Secretary shall develop appropriate technical assistance and guidance to assist State and local agencies in evaluating and selecting appropriate methods of procurement for intelligent transportation system projects carried out using funds made available from the Highway Trust Fund, including innovative and nontraditional methods such as the Information Technology Omnibus Procurement. (2)  Intelligent transportation system software To the maximum extent practicable, contracting officials shall use as a critical evaluation criterion the Software Engineering Institutes Capability Maturity Model, or another similar recognized standard risk assessment methodology, to reduce the cost, schedule, and performance risks associated with the development, management, and integration of intelligent transportation system software. (j)  Evaluations. (1)  Guidelines and requirements. (A)  In general The Secretary shall issue guidelines and requirements for the evaluation of operational tests and deployment projects carried out under this subtitle. (B)  Objectivity and independence The guidelines and requirements issued under subparagraph (A) shall include provisions to ensure the objectivity and independence of the evaluator so as to avoid any real or apparent conflict of interest or potential influence on the outcome by parties to any such test or deployment project or by any other formal evaluation carried out under this subtitle. (C)  Funding The guidelines and requirements issued under subparagraph (A) shall establish evaluation funding levels based on the size and scope of each test or project that ensure adequate evaluation of the results of the test or project. (2)  Special rule Any survey, questionnaire, or interview that the Secretary considers necessary to carry out the evaluation of any test, deployment project, or program assessment activity under this subtitle shall not be subject to chapter 35 of title 44. (k)  Use of Rights-of-Way Intelligent transportation system projects specified in section 5117(b)(3) and 5117(b)(6) [set out above] and involving privately owned intelligent transportation system components that is carried out using funds made available from the Highway Trust Fund shall not be subject to any law or regulation of a State or political subdivision of a State prohibiting or regulating commercial activities in the rights-of-way of a highway for which Federal-aid highway funds have been utilized for planning, design, construction, or maintenance, if the Secretary of Transportation determines that such use is in the public interest. Nothing in this subsection shall affect the authority of a State or political subdivision of a State to regulate highway safety. SEC. 5205. NATIONAL ITS PROGRAM PLAN. (a)  In General. (1)  Updates The Secretary shall maintain and update, as necessary, the National ITS Program Plan developed by the Department of Transportation and the Intelligent Transportation Society of America. (2)  Scope The National ITS Program Plan shall (A) specify the goals, objectives, and milestones for the research and deployment of intelligent transportation systems in the context of major metropolitan areas, smaller metropolitan and rural areas, and commercial vehicle operations; (B) specify how specific programs and projects will achieve the goals, objectives, and milestones referred to in subparagraph (A), including consideration of the 5- and 10-year timeframes for the goals and objectives; (C) identify activities that provide for the dynamic development of standards and protocols to promote and ensure interoperability in the implementation of intelligent transportation system technologies, including actions taken to establish critical standards; and (D) establish a cooperative process with State and local governments for determining desired surface transportation system performance levels and developing plans for incorporation of specific intelligent transportation system capabilities into surface transportation systems. (b)  Reporting The plan described in subsection (a) shall be transmitted and updated as part of the transportation research and development strategic plan under section 6503 of title 49 SEC. 5206. NATIONAL ARCHITECTURE AND STANDARDS. (a)  In General. (1)  Development, implementation, and maintenance Consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 [ Pub. L. 104113 15 U.S.C. 272 110 Stat. 783 (2)  Interoperability and efficiency To the maximum extent practicable, the national architecture shall promote interoperability among, and efficiency of, intelligent transportation system technologies implemented throughout the United States. (3)  Use of standards development organizations In carrying out this section, the Secretary may use the services of such standards development organizations as the Secretary determines to be appropriate. (b)  Report on Critical Standards Not later than June 1, 1999 (c)  Provisional Standards. (1)  In general If the Secretary finds that the development or balloting of an intelligent transportation system standard jeopardizes the timely achievement of the objectives identified in subsection (a), the Secretary may establish a provisional standard after consultation with affected parties, and using, to the extent practicable, the work product of appropriate standards development organizations. (2)  Critical standards If a standard identified as critical in the report under subsection (b) is not adopted and published by the appropriate standards development organization by January 1, 2001 (3)  Period of effectiveness A provisional standard established under paragraph (1) or (2) shall be published in the Federal Register and remain in effect until the appropriate standards development organization adopts and publishes a standard. (d)  Waiver of Requirement To Establish Provisional Standard. (1)  In general The Secretary may waive the requirement under subsection (c)(2) to establish a provisional standard if the Secretary determines that additional time would be productive or that establishment of a provisional standard would be counterproductive to achieving the timely achievement of the objectives identified in subsection (a). (2)  Notice The Secretary shall publish in the Federal Register a notice describing each standard for which a waiver of the provisional standard requirement has been granted, the reasons for and effects of granting the waiver, and an estimate as to when the standard is expected to be adopted through a process consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 [ Pub. L. 104113 15 U.S.C. 272 110 Stat. 783 (3)  Withdrawal of waiver At any time the Secretary may withdraw a waiver granted under paragraph (1). Upon such withdrawal, the Secretary shall publish in the Federal Register a notice describing each standard for which a waiver has been withdrawn and the reasons for withdrawing the waiver. (e)  Conformity With National Architecture. (1)  In general Except as provided in paragraphs (2) and (3), the Secretary shall ensure that intelligent transportation system projects carried out using funds made available from the Highway Trust Fund, including funds made available under this subtitle to deploy intelligent transportation system technologies, conform to the national architecture, applicable standards or provisional standards, and protocols developed under subsection (a). (2)  Secretarys discretion The Secretary may authorize exceptions to paragraph (1) for (A) projects designed to achieve specific research objectives outlined in the National ITS Program Plan under section 5205 or the transportation research and development strategic plan under section 6503 of title 49 (B) the upgrade or expansion of an intelligent transportation system in existence on the date of enactment of this subtitle [ June 9, 1998 (i) would not adversely affect the goals or purposes of this subtitle; (ii) is carried out before the end of the useful life of such system; and (iii) is cost-effective as compared to alternatives that would meet the conformity requirement of paragraph (1). (3)  Exceptions Paragraph (1) shall not apply to funds used for operation or maintenance of an intelligent transportation system in existence on the date of enactment of this subtitle. (f)  Spectrum The Federal Communications Commission shall consider, in consultation with the Secretary, spectrum needs for the operation of intelligent transportation systems, including spectrum for the dedicated short-range vehicle-to-wayside wireless standard. Not later than January 1, 2000 SEC. 5207. RESEARCH AND DEVELOPMENT. (a)  In General The Secretary shall carry out a comprehensive program of intelligent transportation system research, development and operational tests of intelligent vehicles and intelligent infrastructure systems, and other similar activities that are necessary to carry out this subtitle. (b)  Priority Areas Under the program, the Secretary shall give higher priority to funding projects that (1) address traffic management, incident management, transit management, toll collection, traveler information, or highway operations systems; (2) focus on crash-avoidance and integration of in-vehicle crash protection technologies with other on-board safety systems, including the interaction of air bags and safety belts; (3) incorporate human factors research, including the science of the driving process; (4) facilitate the integration of intelligent infrastructure, vehicle, and control technologies, including magnetic guidance control systems or other materials or magnetics research; or (5) incorporate research on the impact of environmental, weather, and natural conditions on intelligent transportation systems, including the effects of cold climates. (c)  Operational Tests Operational tests conducted under this section shall be designed for the collection of data to permit objective evaluation of the results of the tests, derivation of cost-benefit information that is useful to others contemplating deployment of similar systems, and development and implementation of standards. (d)  Federal Share The Federal share of the cost of operational tests and demonstrations under subsection (a) shall not exceed 80 percent. [SECS. 5208, 5209. Repealed. Pub. L. 10959, title V,  5509 Aug. 10, 2005 119 Stat. 1828 SEC. 5210. USE OF FUNDS. (a)  Outreach and Public Relations Limitation. (1)  In general For each fiscal year, not more than $5,000,000 of the funds made available to carry out this subtitle shall be used for intelligent transportation system outreach, public relations, displays, scholarships, tours, and brochures. (2)  Applicability Paragraph (1) shall not apply to intelligent transportation system training or the publication or distribution of research findings, technical guidance, or similar documents. (b)  Infrastructure Development Funds made available to carry out this subtitle for operational tests and deployment projects (1) shall be used primarily for the development of intelligent transportation system infrastructure; and (2) to the maximum extent practicable, shall not be used for the construction of physical highway and transit infrastructure unless the construction is incidental and critically necessary to the implementation of an intelligent transportation system project. (c)  Life Cycle Cost Analysis and Financing and Operations Plan The Secretary shall require an applicant for funds made available under sections 5208 and 5209 to submit to the Secretary (1) an analysis of the life-cycle costs of operation and maintenance of intelligent transportation system elements, if the total initial capital costs of the elements exceed $3,000,000; and (2) a multiyear financing and operations plan that describes how the project will be cost-effectively operated and maintained. (d)  Use of Innovative Financing. (1)  In general The Secretary may use up to 25 percent of the funds made available to carry out this subtitle to make available loans, lines of credit, and loan guarantees for projects that are eligible for assistance under this subtitle and that have significant intelligent transportation system elements. (2)  Consistency with other law Credit assistance described in paragraph (1) shall be made available in a manner consistent with the Transportation Infrastructure Finance and Innovation Act of 1998 [see section 1501 of Pub. L. 105178 section 101 of this title SEC. 5211. DEFINITIONS. In this subtitle, the following definitions apply: (1)  Commercial vehicle information systems and networks The term Commercial Vehicle Information Systems and Networks means the information systems and communications networks that support commercial vehicle operations. (2)  Commercial vehicle operations The term commercial vehicle operations (A) means motor carrier operations and motor vehicle regulatory activities associated with the commercial movement of goods, including hazardous materials, and passengers; and (B) with respect to the public sector, includes the issuance of operating credentials, the administration of motor vehicle and fuel taxes, and roadside safety and border crossing inspection and regulatory compliance operations. (3)  Corridor The term corridor means any major transportation route that includes parallel limited access highways, major arterials, or transit lines. (4)  Intelligent transportation infrastructure The term intelligent transportation infrastructure means fully integrated public sector intelligent transportation system components, as defined by the Secretary. (5)  Intelligent transportation system The term intelligent transportation system means electronics, communications, or information processing used singly or in combination to improve the efficiency or safety of a surface transportation system. (6)  National architecture The term national architecture means the common framework for interoperability adopted by the Secretary that defines (A) the functions associated with intelligent transportation system user services; (B) the physical entities or subsystems within which the functions reside; (C) the data interfaces and information flows between physical subsystems; and (D) the communications requirements associated with the information flows. (7)  Standard The term standard means a document that (A) contains technical specifications or other precise criteria for intelligent transportation systems that are to be used consistently as rules, guidelines, or definitions of characteristics so as to ensure that materials, products, processes, and services are fit for their purposes; and (B) may support the national architecture and promote (i) the widespread use and adoption of intelligent transportation system technology as a component of the surface transportation systems of the United States; and (ii) interoperability among intelligent transportation system technologies implemented throughout the States. (8)  State The term State has the meaning given the term under section 101 of title 23 SEC. 5212. PROJECT FUNDING. (a)  Use of Hazardous Materials Monitoring Systems. (1)  In general The Secretary shall conduct research on improved methods of deploying and integrating existing ITS projects to include hazardous materials monitoring systems across various modes of transportation. (2)  Funding Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(6) of this Act [ 112 Stat. 420 (b)  Outreach and Technology Transfer Activities. (1)  In general The Secretary shall continue to support the Urban Consortiums ITS outreach and technology transfer activities. (2)  Funding Of the amounts made available for each of fiscal years 1998 through 2003 by section 5001(a)(5) of this Act [ 112 Stat. 420 (c)  Translink. (1)  In general The Secretary shall make grants to the Texas Transportation Institute to continue the Translink Research program. (2)  Funding Of the amounts allocated for each of fiscal years 1999 through 2001 by section 5001(a)(6) of this Act, $1,300,000 per fiscal year shall be available to carry out this paragraph. SEC. 5213. REPEAL. The Intermodal Surface Transportation Efficiency Act of 1991 [ Pub. L. 102240 23 U.S.C. 307 105 Stat. 2189 [ Pub. L. 10959, title V,  5509 Aug. 10, 2005 119 Stat. 1828 Pub. L. 105178 Research Advisory Committee Pub. L. 102240, title VI,  6011 Dec. 18, 1991 105 Stat. 2179 Pub. L. 117286,  4(a)(175) Dec. 27, 2022 136 Stat. 4325  (a)  Establishment Not later than 180 days after the date of transmittal of the report to Congress under section 6010 [of Pub. L. 102240 section 307 of this title (b)  Purposes The advisory committee shall provide ongoing advice and recommendations to the Secretary regarding needs, objectives, plans, approaches, content, and accomplishments with respect to short-term and long-term surface transportation research and development. The advisory committee shall also assist in ensuring that such research and development is coordinated with similar research and development being conducted outside of the Department of Transportation. (c)  Membership The advisory committee shall be composed of not less than 20 and not more than 30 members appointed by the Secretary from among individuals who are not employees of the Department of Transportation and who are specially qualified to serve on the advisory committee by virtue of their education, training, or experience. A majority of the members of the advisory committee shall be individuals with experience in conducting surface transportation research and development. The Secretary in appointing the members of the advisory committee shall ensure that representatives of Federal, State, and local governments, other public agencies, colleges and universities, public, private, and nonprofit research organizations, and organizations representing transportation providers, shippers, labor, and the financial community are represented on an equitable basis. (d)  Chairman The chairman of the advisory committee shall be designated by the Secretary. (e)  Pay and Expenses Members of the advisory committee shall serve without pay, except that the Secretary may allow any member, while engaged in the business of the advisory committee or a subordinate committee, travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (f)  Subordinate Committees The Secretary shall establish a subordinate committee to the advisory committee to provide advice on advanced highway vehicle technology research and development, and may establish other subordinate committees to provide advice on specific areas of surface transportation research and development. Such subordinate committees shall be subject to subsections (e), (g), and (i) of this section. (g)  Assistance of Secretary Upon request of the advisory committee, the Secretary shall provide such information, administrative services, support staff, and supplies as the Secretary determines to be necessary for the advisory committee to carry out its functions. (h)  Reports The advisory committee shall, within 1 year after the date of establishment of the advisory committee, and annually thereafter, submit to the Congress a report summarizing its activities under this section. (i)  Termination Section 1013 of title 5 Fundamental Properties of Asphalts and Modified Asphalts Pub. L. 102240, title VI,  6016 Dec. 18, 1991 105 Stat. 2182 Pub. L. 11494, div. A, title I,  1419(a) Dec. 4, 2015 129 Stat. 1423 Study of Factors Affecting Safe and Efficient Operation of Bridges, Tunnels and Roads Within United States Pub. L. 95599, title I,  166 Nov. 6, 1978 92 Stat. 2722 The Secretary of Transportation shall make a full and complete investigation and study of all those factors affecting the safe and efficient operation of bridges, tunnels, and roads within the United States, including, but not limited to, structural, operational, environmental, and civil disturbance factors.  503. Research and technology development and deployment (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 (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 regions 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 (CV2X) 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 recipients 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 (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 (Added Pub. L. 105178, title V,  5103 June 9, 1998 112 Stat. 427 Pub. L. 10959, title V Aug. 10, 2005 119 Stat. 17861789 Pub. L. 112141, div. E, title II,  52003(a) July 6, 2012 126 Stat. 872 Pub. L. 11494, div. A, title VI Dec. 4, 2015 129 Stat. 1562 Pub. L. 11758, div. A, title III,  13006(a) Nov. 15, 2021 135 Stat. 630637  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. 112141 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. 11758 Nov. 15, 2021 Prior Provisions A prior section 503, added Pub. L. 90495,  30 Aug. 23, 1968 82 Stat. 831 Pub. L. 91646, title II,  220(a)(10) Jan. 2, 1971 84 Stat. 1903 Amendments 2021Subsec. (a)(2). Pub. L. 11758,  13006(a)(1) section 6503 of title 49 Subsec. (b)(1)(E), (F). Pub. L. 11758,  13006(a)(2)(A) Subsec. (b)(2)(C)(x) to (xvi). Pub. L. 11758,  13006(a)(2)(B) Subsec. (b)(3)(B)(viii). Pub. L. 11758,  13006(a)(2)(C)(i) Subsec. (b)(3)(C)(xv). Pub. L. 11758,  13006(a)(2)(C)(ii)(I) Subsec. (b)(3)(C)(xx). Pub. L. 11758,  13006(a)(2)(C)(ii)(II) Subsec. (b)(6)(C). Pub. L. 11758,  13006(a)(2)(D) Subsec. (b)(7)(B). Pub. L. 11758,  13006(a)(2)(E)(i) Subsec. (b)(7)(B)(v). Pub. L. 11758,  13006(a)(2)(E)(ii) Subsec. (b)(8)(A). Pub. L. 11758,  13006(a)(2)(F) Subsec. (b)(9). Pub. L. 11758,  13006(a)(2)(G) Subsec. (c)(1). Pub. L. 11758,  13006(a)(3)(A)(i) Subsec. (c)(1)(F). Pub. L. 11758,  13006(a)(3)(A)(ii) Subsec. (c)(2)(B)(iii). Pub. L. 11758,  13006(a)(3)(B)(i) Subsec. (c)(2)(D). Pub. L. 11758,  13006(a)(3)(B)(ii) Subsec. (c)(3)(C). Pub. L. 11758,  13006(a)(3)(C)(ii) Subsec. (c)(3)(D). Pub. L. 11758,  13006(a)(3)(C)(i) Subsec. (c)(3)(E). Pub. L. 11758,  13006(a)(3)(C)(i) Subsec. (c)(3)(E)(i). Pub. L. 11758,  13006(a)(3)(C)(iv)(I) Subsec. (c)(3)(E)(ii)(V) to (X). Pub. L. 11758,  13006(a)(3)(C)(iv)(II) Subsec. (c)(4). Pub. L. 11758,  13006(b)(1) Subsec. (c)(4)(A). Pub. L. 11758,  13006(b)(2) Subsec. (c)(4)(B)(i). Pub. L. 11758,  13006(b)(3)(D) Pub. L. 11758,  13006(b)(3)(A) Subsec. (c)(4)(B)(ii). Pub. L. 11758,  13006(b)(3)(D) Subsec. (c)(4)(B)(iii). Pub. L. 11758,  13006(b)(3)(C) Subsec. (c)(4)(B)(iv). Pub. L. 11758,  13006(b)(3)(C) Subsec. (c)(4)(B)(v). Pub. L. 11758,  13006(b)(3)(C) Pub. L. 11758,  13006(b)(3)(B) Subsec. (c)(4)(B)(vi), (vii). Pub. L. 11758,  13006(b)(3)(C) Subsec. (c)(4)(B)(viii). Pub. L. 11758,  13006(b)(3)(F) Subsec. (c)(4)(B)(ix). Pub. L. 11758,  13006(b)(3)(C) Subsec. (c)(4)(B)(x). Pub. L. 11758,  13006(b)(3)(C) Subsec. (c)(4)(B)(xi). Pub. L. 11758,  13006(b)(3)(C) Subsec. (c)(4)(B)(xii). Pub. L. 11758,  13006(b)(3)(I) Subsec. (c)(4)(C)(i). Pub. L. 11758,  13006(b)(4)(A) Subsec. (c)(4)(C)(ii)(I). Pub. L. 11758,  13006(b)(4)(B)(i) Subsec. (c)(4)(C)(ii)(II)(dd). Pub. L. 11758,  13006(b)(4)(B)(ii) Subsec. (c)(4)(D)(i). Pub. L. 11758,  13006(b)(5)(A) Subsec. (c)(4)(D)(ii). Pub. L. 11758,  13006(b)(5)(B) Subsec. (c)(4)(E)(iii) to (x). Pub. L. 11758,  13006(b)(6)(A) Subsec. (c)(4)(E)(xi). Pub. L. 11758,  13006(b)(6)(A) Subsec. (c)(4)(E)(xii), (xiii). Pub. L. 11758,  13006(b)(6)(E) Subsec. (c)(4)(E)(xiv). Pub. L. 11758,  13006(b)(6)(A) Subsec. (c)(4)(E)(xv), (xvi). Pub. L. 11758,  13006(b)(6)(G) Subsec. (c)(4)(F)(ii)(IV). Pub. L. 11758,  13006(b)(7) Subsec. (c)(4)(G)(vi) to (ix). Pub. L. 11758,  13006(b)(8) Subsec. (c)(4)(I)(i). Pub. L. 11758,  13006(b)(9) Subsec. (c)(4)(J). Pub. L. 11758,  13006(b)(10) Subsec. (c)(4)(N). Pub. L. 11758,  13006(b)(11)(A) Subsec. (c)(4)(N)(i). Pub. L. 11758,  13006(b)(11)(B) Subsec. (c)(4)(N)(iii). Pub. L. 11758,  13006(b)(11)(C) Subsec. (c)(5). Pub. L. 11758,  13006(a)(3)(D) Subsec. (c)(6). Pub. L. 11758,  13006(c) 2015Subsec. (c)(3)(C). Pub. L. 11494,  6003(1) Subsec. (c)(3)(D). Pub. L. 11494,  6003(2) Subsec. (c)(4). Pub. L. 11494,  6004 2012 Pub. L. 112141 2005Subsec. (a). Pub. L. 10959,  5203(a)(1) initiatives and partnerships program Subsec. (a)(1). Pub. L. 10959,  5203(a)(2) Subsec. (a)(7). Pub. L. 10959,  5203(a)(3) (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. 10959,  5203(a)(4) Subsec. (b)(1). Pub. L. 10959,  5202(b)(1) Subsec. (b)(2). Pub. L. 10959,  5202(b)(2) (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. 10959,  5203(b)(1) Subsec. (d). Pub. L. 10959,  5203(c)(1) Subsec. (e). Pub. L. 10959,  5203(d) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Strategic Innovation for Revenue Collection Pub. L. 11758, div. A, title III,  13001(a) Nov. 15, 2021 135 Stat. 622624  (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 (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 (d)  Recommendations and Report Not later than 3 years after the date of enactment of this Act [ Nov. 15, 2021 Pub. L. 11758 (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 (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 (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. 11758, div. A, title III,  13002 Nov. 15, 2021 135 Stat. 624  (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 (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 (6)  Passenger motor vehicle The term passenger motor vehicle has the meaning given the term in section 32101 of title 49 (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 Public Law 11494 Nov. 15, 2021 (B) eligible entities that received a grant under section 13001 [of Pub. L. 11758 (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 Public Law 11494 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 (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 Public Law 11494 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 Public Law 11494 Nov. 15, 2021 (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 (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 (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. 11758 Data Integration Pilot Program Pub. L. 11758, div. A, title III,  13004 Nov. 15, 2021 135 Stat. 629  (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. 11758, div. A, title III,  13005 Nov. 15, 2021 135 Stat. 629  (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. 11758, div. A, title III,  13006(e) Nov. 15, 2021 135 Stat. 638  (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 (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. 11758, div. B, title IV,  24219 Nov. 15, 2021 135 Stat. 831  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 (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. 11494, div. A, title VI,  6020 Dec. 4, 2015 129 Stat. 1582 Pub. L. 11758, div. A, title III,  13001(f)(1) Nov. 15, 2021 135 Stat. 624 High Performing Steel Bridge Research and Technology Transfer Pub. L. 10959, title V,  5202(c) Aug. 10, 2005 119 Stat. 1786  (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 Steel Bridge Testing Pub. L. 10959, title V,  5202(d) Aug. 10, 2005 119 Stat. 1787  (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 (3)  Federal share The Federal share of the cost of activities carried out in accordance with this subsection shall be 80 percent.  504. Training and education (a)  National Highway Institute. (1)  In general The Secretary shall operate in the Federal Highway Administration a National Highway Institute (in this subsection referred to as the Institute). The Secretary shall administer, through the Institute, the authority vested in the Secretary by this title or by any other law for the development and conduct of education and training programs relating to highways. (2)  Duties of the institute In cooperation with State transportation departments, United States industry, and any national or international entity, the Institute shall develop and administer education and training programs of instruction for (A) Federal Highway Administration, State, and local transportation agency employees and the employees of any other applicable Federal agency; (B) regional, State, and metropolitan planning organizations; (C) State and local police, public safety, and motor vehicle employees; and (D) United States citizens and foreign nationals engaged or to be engaged in surface transportation work of interest to the United States. (3)  Courses. (A)  In general The Institute shall (i) develop or update existing courses in asset management, including courses that include such components as (I) the determination of life-cycle costs; (II) the valuation of assets; (III) benefit-to-cost ratio calculations; and (IV) objective decisionmaking processes for project selection; and (ii) continually develop courses relating to the application of emerging technologies for (I) transportation infrastructure applications and asset management; (II) intelligent transportation systems; (III) operations (including security operations); (IV) the collection and archiving of data; (V) reducing the amount of time required for the planning and development of transportation projects; and (VI) the intermodal movement of individuals and freight. (B)  Additional courses In addition to the courses developed under subparagraph (A), the Institute, in consultation with State transportation departments, metropolitan planning organizations, and the American Association of State Highway and Transportation Officials, may develop courses relating to technology, methods, techniques, engineering, construction, safety, maintenance, environmental mitigation and compliance, regulations, management, inspection, and finance. (C)  Revision of courses offered The Institute shall periodically (i) review the course inventory of the Institute; and (ii) revise or cease to offer courses based on course content, applicability, and need. (4)  Set-aside; federal share Not to exceed 12 of 1 percent of the funds apportioned to a State under section 104(b)(2) for the surface transportation block grant program shall be available for expenditure by the State transportation department for the payment of not to exceed 80 percent of the cost of tuition and direct educational expenses (excluding salaries) in connection with the education and training of employees of State and local transportation agencies in accordance with this subsection. (5)  Federal responsibility. (A)  In general Except as provided in subparagraph (B), education and training of employees of Federal, State, and local transportation (including highway) agencies authorized under this subsection may be provided (i) by the Secretary at no cost to the States and local governments if the Secretary determines that provision at no cost is in the public interest; or (ii) by the State through grants, cooperative agreements, and contracts with public and private agencies, institutions, individuals, and the Institute. (B)  Payment of full cost by private persons Private agencies, international or foreign entities, and individuals shall pay the full cost of any education and training received by them unless the Secretary determines that a lower cost is of critical importance to the public interest. (6)  Training fellowships; cooperation The Institute may (A) engage in training activities authorized under this subsection, including the granting of training fellowships; and (B) carry out its authority independently or in cooperation with any other branch of the Federal Government or any State agency, authority, association, institution, for-profit or nonprofit corporation, other national or international entity, or other person. (7)  Collection of fees. (A)  General rule In accordance with this subsection, the Institute may assess and collect fees solely to defray the costs of the Institute in developing or administering education and training programs under this subsection. (B)  Limitation Fees may be assessed and collected under this subsection only in a manner that may reasonably be expected to result in the collection of fees during any fiscal year in an aggregate amount that does not exceed the aggregate amount of the costs referred to in subparagraph (A) for the fiscal year. (C)  Persons subject to fees Fees may be assessed and collected under this subsection only with respect to (i) persons and entities for whom education or training programs are developed or administered under this subsection; and (ii) persons and entities to whom education or training is provided under this subsection. (D)  Amount of fees The fees assessed and collected under this subsection shall be established in a manner that ensures that the liability of any person or entity for a fee is reasonably based on the proportion of the costs referred to in subparagraph (A) that relate to the person or entity. (E)  Use All fees collected under this subsection shall be used to defray costs associated with the development or administration of education and training programs authorized under this subsection. (8)  Relation to fees The funds made available to carry out this subsection may be combined with or held separate from the fees collected under paragraph (7). (b)  Local Technical Assistance Program. (1)  Authority The Secretary shall carry out a local technical assistance program that will provide access to surface transportation technology to (A) highway and transportation agencies in urbanized and rural areas; (B) contractors that perform work for the agencies; and (C) infrastructure security staff. (2)  Grants, cooperative agreements, and contracts The Secretary may make grants and enter into cooperative agreements and contracts to provide education and training, technical assistance, and related support services to (A) assist rural, local transportation agencies and tribal governments, and the consultants and construction personnel working for the agencies and governments, to (i) develop and expand expertise in road and transportation areas (including pavement, bridge, concrete structures, intermodal connections, safety management systems, intelligent transportation systems, incident response, operations, and traffic safety countermeasures); (ii) improve roads and bridges; (iii) enhance (I) programs for the movement of passengers and freight; and (II) intergovernmental transportation planning and project selection; and (iv) deal effectively with special transportation-related problems by preparing and providing training packages, manuals, guidelines, and technical resource materials; (B) develop technical assistance for tourism and recreational travel; (C) identify, package, and deliver transportation technology and traffic safety information to local jurisdictions to assist urban transportation agencies in developing and expanding their ability to deal effectively with transportation-related problems (particularly the promotion of regional cooperation); (D) operate, in cooperation with State transportation departments and universities (i) local technical assistance program centers designated to provide transportation technology transfer services to rural areas and to urbanized areas; and (ii) local technical assistance program centers designated to provide transportation technical assistance to tribal governments; and (E) allow local transportation agencies and tribal governments, in cooperation with the private sector, to enhance new technology implementation. (3)  Federal share. (A)  Local technical assistance centers. (i)  In general Subject to subparagraph (B), the Federal share of the cost of an activity carried out by a local technical assistance center under paragraphs (1) and (2) shall be 50 percent. (ii)  Non-federal share The non-Federal share of the cost of an activity described in clause (i) may consist of amounts provided to a recipient under subsection (e) or section 505, up to 100 percent of the non-Federal share. (B)  Tribal technical assistance centers The Federal share of the cost of an activity carried out by a tribal technical assistance center under paragraph (2)(D)(ii) shall be 100 percent. (c)  Research Fellowships. (1)  General authority The Secretary, acting either independently or in cooperation with other Federal departments, agencies, and instrumentalities, may make grants for research fellowships for any purpose for which research is authorized by this chapter. (2)  Dwight david eisenhower transportation fellowship program. (A)  In general The Secretary shall establish and implement a transportation research fellowship program for the purpose of attracting qualified students to the field of transportation, which program shall be known as the Dwight David Eisenhower Transportation Fellowship Program. (B)  Use of amounts Amounts provided to institutions of higher education to carry out this paragraph shall be used to provide direct support of student expenses. (d) Garrett A. Morgan Technology and Transportation Education Program. (1)  In general The Secretary shall establish the Garrett A. Morgan Technology and Transportation Education Program to improve the preparation of students, particularly women and minorities, in science, technology, engineering, and mathematics through curriculum development and other activities related to transportation. (2)  Authorized activities The Secretary shall award grants under this subsection on the basis of competitive peer review. Grants awarded under this subsection may be used for enhancing science, technology, engineering, and mathematics at the elementary and secondary school level through such means as (A) internships that offer students experience in the transportation field; (B) programs that allow students to spend time observing scientists and engineers in the transportation field; and (C) developing relevant curriculum that uses examples and problems related to transportation. (3)  Application and review procedures. (A)  In general An entity described in subparagraph (C) seeking funding under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application, at a minimum, shall include a description of how the funds will be used to serve the purposes described in paragraph (2). (B)  Priority In making awards under this subsection, the Secretary shall give priority to applicants that will encourage the participation of women and minorities. (C)  Eligibility Local educational agencies and State educational agencies, which may enter into a partnership agreement with institutions of higher education, businesses, or other entities, shall be eligible to apply for grants under this subsection. (4)  Definitions In this subsection, the following definitions apply: (A)  Institution of higher education The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (B)  Local educational agency The term local educational agency has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965. (C)  State educational agency The term State educational agency has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965. (e)  Surface Transportation Workforce Development, Training, and Education. (1)  Funding Subject to project approval by the Secretary, a State may obligate funds apportioned to the State under paragraphs (1) through (4) of section 104(b) for surface transportation workforce development, training, and education, including (A) tuition and direct educational expenses, excluding salaries, in connection with the education and training of employees of State and local transportation agencies; (B) employee professional development; (C) student internships; (D) pre-apprenticeships, apprenticeships, and career opportunities for on-the-job training; (E) university, college, community college, or vocational school support; (F) education activities, including outreach, to develop interest and promote participation in surface transportation careers; (G) activities associated with workforce training and employment services, such as targeted outreach and partnerships with industry, economic development organizations, workforce development boards, and labor organizations; (H) activities carried out by the National Highway Institute under subsection (a); and (I) local technical assistance programs under subsection (b). (2)  Federal share The Federal share of the cost of activities carried out in accordance with this subsection shall be 100 percent, except for activities carried out under paragraph (1)(I), for which the Federal share shall be 50 percent. (3)  Surface transportation workforce development, training, and education defined In this subsection, the term surface transportation workforce development, training, and education means activities associated with surface transportation career awareness, student transportation career preparation, and training and professional development for surface transportation workers, including (A) activities for women and minorities; (B) activities that address current workforce gaps, such as work on construction projects, of State and local transportation agencies; (C) activities to develop a robust surface transportation workforce with new skills resulting from emerging transportation technologies; and (D) activities to attract new sources of job-creating investment. (f)  Transportation Education and Training Development and Deployment Program. (1)  Establishment The Secretary shall establish a program to make grants to educational institutions or State departments of transportation, in partnership with industry and relevant Federal departments and agencies (A) to develop, test, and review new curricula and education programs to train individuals at all levels of the transportation workforce; or (B) to implement the new curricula and education programs to provide for hands-on career opportunities to meet current and future needs. (2)  Selection of grant recipients In selecting applications for awards under this subsection, the Secretary may consider (A) the degree to which the new curricula or education program meets the specific current or future needs of a segment of the transportation industry, States, or regions; (B) providing for practical experience and on-the-job training; (C) proposals oriented toward practitioners in the field rather than the support and growth of the research community; (D) the degree to which the new curricula or program will provide training in areas other than engineering, such as business administration, economics, information technology, environmental science, and law; (E) programs or curricula that train professionals for work in the transportation field, such as construction, materials, information technology, environmental science, urban planning, and industrial or emerging technology; and (F) the commitment of industry or a States department of transportation to the program. (3)  Reporting The Secretary shall establish minimum reporting requirements for grant recipients under this subsection, which may include, with respect to a program carried out with a grant under this subsection (A) the percentage or number of program participants that are employed during the second quarter after exiting the program; (B) the percentage or number of program participants that are employed during the fourth quarter after exiting the program; (C) the median earnings of program participants that are employed during the second quarter after exiting the program; (D) the percentage or number of program participants that obtain a recognized postsecondary credential or a secondary school diploma (or a recognized equivalent) during participation in the program or by not later than 1 year after exiting the program; and (E) the percentage or number of program participants that, during a program year (i) are in an education or training program that leads to a recognized postsecondary credential or employment; and (ii) are achieving measurable skill gains toward such a credential or employment. (4)  Limitations The amount of a grant under this subsection shall not exceed $300,000 per year. After a recipient has received 3 years of Federal funding under this subsection, Federal funding may equal not more than 75 percent of a grantees program costs. (g)  Freight Capacity Building Program. (1)  Establishment The Secretary shall establish a freight planning capacity building initiative to support enhancements in freight transportation planning in order to (A) better target investments in freight transportation systems to maintain efficiency and productivity; and (B) strengthen the decisionmaking capacity of State transportation departments and local transportation agencies with respect to freight transportation planning and systems. (2)  Agreements The Secretary shall enter into agreements to support and carry out administrative and management activities relating to the governance of the freight planning capacity initiative. (3)  Stakeholder involvement In carrying out this section, the Secretary shall consult with the Association of Metropolitan Planning Organizations, the American Association of State Highway and Transportation Officials, and other freight planning stakeholders, including the other Federal agencies, State transportation departments, local governments, nonprofit entities, academia, and the private sector. (4)  Eligible activities The freight planning capacity building initiative shall include research, training, and education in the following areas: (A) The identification and dissemination of best practices in freight transportation. (B) Providing opportunities for freight transportation staff to engage in peer exchange. (C) Refinement of data and analysis tools used in conjunction with assessing freight transportation needs. (D) Technical assistance to State transportation departments and local transportation agencies reorganizing to address freight transportation issues. (E) Facilitating relationship building between governmental and private entities involved in freight transportation. (F) Identifying ways to target the capacity of State transportation departments and local transportation agencies to address freight considerations in operations, security, asset management, and environmental stewardship in connection with long-range multimodal transportation planning and project implementation. (5)  Federal share The Federal share of the cost of an activity carried out under this section shall be up to 100 percent, and such funds shall remain available until expended. (6)  Use of funds Funds made available for the program established under this subsection may be used for research, program development, information collection and dissemination, and technical assistance. The Secretary may use such funds independently or make grants to and enter into contracts and cooperative agreements with a Federal agency, State agency, local agency, federally recognized Indian tribal government or tribal consortium, authority, association, nonprofit or for-profit corporation, or institution of higher education, to carry out the purposes of this subsection. (h)  Centers for Surface Transportation Excellence. (1)  In general The Secretary shall make grants under this section to establish and maintain centers for surface transportation excellence. (2)  Goals The goals of a center referred to in paragraph (1) shall be to promote and support strategic national surface transportation programs and activities relating to the work of State departments of transportation in the areas of environment, surface transportation safety, rural safety, and project finance. (3)  Role of the centers To achieve the goals set forth in paragraph (2), any centers established under paragraph (1) shall provide technical assistance, information sharing of best practices, and training in the use of tools and decisionmaking processes that can assist States in effectively implementing surface transportation programs, projects, and policies. (4)  Program administration. (A)  Competition A party entering into a contract, cooperative agreement, or other transaction with the Secretary under this subsection, or receiving a grant to perform research or provide technical assistance under this subsection, shall be selected on a competitive basis. (B)  Strategic plan The Secretary shall require each center to develop a multiyear strategic plan, that (i) is submitted to the Secretary at such time as the Secretary requires; and (ii) describes (I) the activities to be undertaken by the center; and (II) how the work of the center will be coordinated with the activities of the Federal Highway Administration and the various other research, development, and technology transfer activities authorized under this chapter. (i)  Use of Funds The Secretary may use funds made available to carry out this section to carry out activities related to workforce development and technical assistance and training if (1) the activities are authorized by another provision of this title; and (2) the activities are for entities other than employees of the Secretary, such as States, units of local government, Federal land management agencies, and Tribal governments. (Added Pub. L. 105178, title V,  5104 June 9, 1998 112 Stat. 429 Pub. L. 10959, title V,  5204(a)(1) Aug. 10, 2005 119 Stat. 1790 Pub. L. 112141, div. E, title II,  52004 July 6, 2012 126 Stat. 880 Pub. L. 11494, div. A, title I,  1109(c)(4) Dec. 4, 2015 129 Stat. 1343 Pub. L. 11495, title IX,  9215(vvv) Dec. 10, 2015 129 Stat. 2191 Pub. L. 11758, div. A, title I,  11525(s) Nov. 15, 2021 135 Stat. 608  Editorial Notes  References in Text Section 8101 of the Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(4)(B), (C), is classified to section 7801 of Title 20 Prior Provisions A prior section 504, added Pub. L. 90495,  30 Aug. 23, 1968 82 Stat. 831 Pub. L. 91646, title II,  220(a)(10) Jan. 2, 1971 84 Stat. 1903 Amendments 2021Subsec. (e)(1)(D). Pub. L. 11758,  13007(a)(1)(B) Subsec. (e)(1)(E). Pub. L. 11758,  13007(a)(1)(A) Subsec. (e)(1)(F) to (I). Pub. L. 11758,  13007(a)(1)(A) Subsec. (e)(2). Pub. L. 11758,  13007(a)(2) Subsec. (e)(3). Pub. L. 11758,  13007(a)(3) Subsec. (f). Pub. L. 11758,  13007(b)(1) Subsec. (f)(1). Pub. L. 11758,  13007(b)(2) Subsec. (f)(2). Pub. L. 11758,  13007(b)(3)(A) Subsec. (f)(2)(A). Pub. L. 11758,  13007(b)(3)(B) Subsec. (f)(2)(E). Pub. L. 11758,  13007(b)(3)(C) Subsec. (f)(3), (4). Pub. L. 11758,  13007(b)(4) Subsec. (g)(6). Pub. L. 11758,  11525(s) Subsec. (i). Pub. L. 11758,  13007(c) 2015Subsec. (a)(4). Pub. L. 11494 Subsec. (d)(4)(B), (C). Pub. L. 11495 20 U.S.C. 7801 2012Subsec. (a)(2)(A). Pub. L. 112141,  52004(1)(A) Subsec. (a)(3)(A)(ii)(V). Pub. L. 112141,  52004(1)(B) Subsec. (b)(3). Pub. L. 112141,  52004(2) Subsec. (c)(2). Pub. L. 112141,  52004(3) Subsec. (e)(1). Pub. L. 112141,  52004(4)(A)(i) Subsec. (e)(1)(F), (G). Pub. L. 112141,  52004(4)(A)(ii) Subsec. (e)(2). Pub. L. 112141,  52004(4)(B) Subsec. (f). Pub. L. 112141,  52004(5) Pilot Program Subsec. (g)(4)(F). Pub. L. 112141,  52004(6) Subsec. (h). Pub. L. 112141,  52004(7) 2005Subsec. (a)(3). Pub. L. 10959,  5204(a)(1) Subsec. (b). Pub. L. 10959,  5204(b) Subsec. (d). Pub. L. 10959,  5204(d)(1) Subsecs. (e), (f). Pub. L. 10959,  5204(e) Subsec. (g). Pub. L. 10959,  5204(h)(1) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11495 Dec. 10, 2015 section 5 of Pub. L. 11495 section 6301 of Title 20 Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Center for Transportation Advancement and Regional Development Pub. L. 10959, title V,  5504 Aug. 10, 2005 119 Stat. 1822  (a)  Establishment The Secretary [of Transportation] shall establish a Center for Transportation Advancement and Regional Development (referred to in this section as the Center) to assist, through training, education, and research, in the comprehensive development of small metropolitan and rural regional transportation systems that are responsive to the needs of businesses and local communities. (b)  Activities In carrying out this section, the Center shall (1) provide training, information, and professional resources for small metropolitan and rural regions to pursue innovative strategies to expand the capabilities, capacity, and effectiveness of a regions transportation network, including activities related to freight projects, transit system upgrades, roadways and bridges, and intermodal transfer facilities and operations; (2) assist local officials, rural transportation and economic development planners, officials from State departments of transportation and economic development, business leaders, and other stakeholders in developing public-private partnerships to enhance their transportation systems; and (3) promote the leveraging of regional transportation planning with regional economic and business development planning to assure that appropriate transportation systems are created. (c)  Program Administration To carry out this section, the Secretary [of Transportation] shall make a grant to, or enter into a cooperative agreement or contract with the National Association of Development Organizations. (d)  Funding. (1)  In general Of the amounts made available by section 5101(a)(1) of this Act [ 119 Stat. 1779 (2)  Federal share The Federal share of the cost of activities carried out in accordance with this subsection shall be 100 percent. Transportation Scholarship Opportunities Program Pub. L. 10959, title V,  5505 Aug. 10, 2005 119 Stat. 1822  (a)  In General. (1)  Establishment of program The Secretary [of Transportation] may establish and implement a scholarship program for the purpose of attracting qualified students for transportation-related critical jobs. (2)  Partnership The Secretary may establish the program in partnership with appropriate nongovernmental institutions. (b)  Participation An operating administration of the Department and the Office of Inspector General may participate in the scholarship program. (c)  Funding Notwithstanding any other provision of law, the Secretary [of Transportation] may use funds available to an operating administration or from the Office of Inspector General of the Department for the purpose of carrying out this section.  505. State planning and research (a)  General Rule Two percent of the sums apportioned to a State for fiscal year 1998 and each fiscal year thereafter under paragraphs (1) through (5) of section 104(b) shall be available for expenditure by the State, in consultation with the Secretary, only for the following purposes: (1) Engineering and economic surveys and investigations. (2) The planning of future highway programs and local public transportation systems and the planning of the financing of such programs and systems, including metropolitan and statewide planning under sections 134 and 135. (3) Development and implementation of management systems, plans, and processes under sections 119, 148, 149, and 167. (4) Studies of the economy, safety, and convenience of surface transportation systems and the desirable regulation and equitable taxation of such systems. (5) Research, development, and technology transfer activities necessary in connection with the planning, design, construction, management, and maintenance of highway, public transportation, and intermodal transportation systems. (6) Study, research, and training on the engineering standards and construction materials for transportation systems described in paragraph (5), including the evaluation and accreditation of inspection and testing and the regulation and taxation of their use. (7) The conduct of activities relating to the planning of real-time monitoring elements. (b)  Minimum Expenditures on Research, Development, and Technology Transfer Activities. (1)  In general Subject to paragraph (2), not less than 25 percent of the funds subject to subsection (a) that are apportioned to a State for a fiscal year shall be expended by the State for research, development, and technology transfer activities described in subsection (a), relating to highway, public transportation, and intermodal transportation systems. (2)  Waivers The Secretary may waive the application of paragraph (1) with respect to a State for a fiscal year if the State certifies to the Secretary for the fiscal year that total expenditures by the State for transportation planning under sections 134 and 135 will exceed 75 percent of the funds described in paragraph (1) and the Secretary accepts such certification. (3)  Nonapplicability of assessment Funds expended under paragraph (1) shall not be considered to be part of the extramural budget of the agency for the purpose of section 9 of the Small Business Act ( 15 U.S.C. 638 (c)  Implementation of Future Strategic Highway Research Program Findings and Results (1)  Funds A State shall make available to the Secretary to carry out section 503(c)(2)(C) a percentage of funds subject to subsection (a) that are apportioned to that State, that is agreed to by 34 of States for each of fiscal years 2013 and 2014. (2)  Treatment of funds Funds expended under paragraph (1) shall not be considered to be part of the extramural budget of the agency for the purpose of section 9 of the Small Business Act ( 15 U.S.C. 638 (d)  Federal Share The Federal share of the cost of a project carried out using funds subject to subsection (a) shall be 80 percent unless the Secretary determines that the interests of the Federal-aid highway program would be best served by decreasing or eliminating the non-Federal share. (e)  Administration of Sums Funds subject to subsection (a) shall be combined and administered by the Secretary as a single fund and shall be available for obligation for the period described in section 118(b). (Added Pub. L. 105178, title V,  5105 June 9, 1998 112 Stat. 432 Pub. L. 10959, title V,  5205 Aug. 10, 2005 119 Stat. 1795 Pub. L. 112141, div. E, title II,  52005 July 6, 2012 126 Stat. 882 Pub. L. 11494, div. A, title I,  1104(e)(6) Dec. 4, 2015 129 Stat. 1332  Editorial Notes Prior Provisions A prior section 505, added Pub. L. 90495,  30 Aug. 23, 1968 82 Stat. 831 Pub. L. 91646, title II,  220(a)(10) Jan. 2, 1971 84 Stat. 1903 Amendments 2015Subsec. (a). Pub. L. 11494 2012Subsec. (a). Pub. L. 112141,  52005(1)(A) Subsec. (a)(3). Pub. L. 112141,  52005(1)(B) Subsecs. (c), (d). Pub. L. 112141,  52005(2) Subsec. (e). Pub. L. 112141,  52005(2) 2005Subsec. (a)(7). Pub. L. 10959,  5205(1) Subsec. (d). Pub. L. 10959,  5205(2) Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Alaska Highway Study Pub. L. 87866,  13 Oct. 23, 1962 76 Stat. 1149 Pub. L. 97449,  2(a) Jan. 12, 1983 96 Stat. 2439  (a) The Secretary of Transportation, in cooperation with the State of Alaska, is hereby authorized to make engineering studies and estimates and planning surveys relative to a highway construction program for the State of Alaska, and, in accordance with treaties or other agreements to be negotiated with Canada by the Secretary of State in consultation with the Secretary of Transportation, engineering studies, estimates, and planning surveys relative to connecting Alaskan roads with Canadian roads at the International boundary. (b) On or before May 15, 1964 (1) an analysis of the adequacy of the Federal-aid highway program to provide for a satisfactory program in both the populated and the undeveloped areas in Alaska; (2) specific recommendations as to the construction of roads through undeveloped areas of Alaska and connection of such roads with Canadian roads at the International boundary; and (3) a feasible program for implementing such specific recommendations, including cost estimates, recommendations as to the sharing of cost responsibilities, and other pertinent matters. (c) From time to time, either before or after submission of the report provided for in subsection (b) of this section, the Secretary of Transportation may submit recommendations to the Congress with respect to the construction of particular highways to carry out the purposes of this section. (d) Nothing in this section shall be construed as creating any obligation in the Congress, express or implied, to carry out the recommendations referred to in subsections (b) and (c). (e) There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to be available until expended, the sum of $800,000 for the purpose of making the studies, surveys, and report authorized by subsections (a) and (b) hereof. [ 506, 507. Repealed. Pub. L. 112141, div. E, title II July 6, 2012 126 Stat. 882   Section 506, added Pub. L. 105178, title V,  5106 June 9, 1998 112 Stat. 433 Pub. L. 10959, title V,  5206(a) Aug. 10, 2005 119 Stat. 1795  A prior section 506, added Pub. L. 90495,  30 Aug. 23, 1968 82 Stat. 832 Pub. L. 91605, title I,  137 Dec. 31, 1970 84 Stat. 1735 Pub. L. 91646, title II,  220(a)(10) Jan. 2, 1971 84 Stat. 1903  Section 507, added Pub. L. 105178, title V,  5107 June 9, 1998 112 Stat. 434 Pub. L. 10959, title V,  5207(a) Aug. 10, 2005 119 Stat. 1797  A prior section 507, added Pub. L. 90495,  30 Aug. 23, 1968 82 Stat. 832 Pub. L. 91646, title II,  220(a)(10) Jan. 2, 1971 84 Stat. 1903 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title [ 508. Repealed. Pub. L. 11494, div. A, title VI,  6019(d)(1)(A) Dec. 4, 2015 129 Stat. 1581   Section, added Pub. L. 105178, title V,  5108 June 9, 1998 112 Stat. 435 Pub. L. 10959, title V,  5208(a) Aug. 10, 2005 119 Stat. 1798 Pub. L. 112141, div. E, title II,  52013 July 6, 2012 126 Stat. 897  A prior section 508, added Pub. L. 90495,  30 Aug. 23, 1968 82 Stat. 833 Pub. L. 91646, title II,  220(a)(10) Jan. 2, 1971 84 Stat. 1903 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 [ 509. Repealed. Pub. L. 112141, div. E, title II,  52008(a) July 6, 2012 126 Stat. 882   Section, added Pub. L. 10959, title V,  5209(a) Aug. 10, 2005 119 Stat. 1800  A prior section 509, added Pub. L. 90495,  30 Aug. 23, 1968 82 Stat. 833 Pub. L. 91646, title II,  220(a)(10) Jan. 2, 1971 84 Stat. 1903 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  510. Future strategic highway research program (a)  Establishment The Secretary, in consultation with the American Association of State Highway and Transportation Officials, shall establish and carry out, acting through the National Research Council of the National Academy of Sciences, the future strategic highway research program. (b)  Cooperative Agreements The Secretary may make grants to, and enter into cooperative agreements with, the American Association of State Highway and Transportation Officials and the National Academy of Sciences to carry out such activities under this section as the Secretary determines are appropriate. (c)  Program Priorities. (1)  Program elements The program established under this section shall be based on the National Research Council Special Report 260, entitled Strategic Highway Research: Saving Lives, Reducing Congestion, Improving Quality of Life and the results of the detailed planning work subsequently carried out in 2002 and 2003 to identify the research areas through National Cooperative Research Program Project 2058. The research program shall include an analysis of the following: (A) Renewal of aging highway infrastructure with minimal impact to users of the facilities. (B) Driving behavior and likely crash causal factors to support improved countermeasures. (C) Reducing highway congestion due to nonrecurring congestion. (D) Planning and designing new road capacity to meet mobility, economic, environmental, and community needs. (2)  Dissemination of results The research results of the program, expressed in terms of technologies, methodologies, and other appropriate categorizations, shall be disseminated to practicing engineers for their use, as soon as practicable. (d)  Program Administration In carrying out the program under this section, the National Research Council shall ensure, to the maximum extent practicable, that (1) projects and researchers are selected to conduct research for the program on the basis of merit and open solicitation of proposals and review by panels of appropriate experts; (2) State department of transportation officials and other stakeholders, as appropriate, are involved in the governance of the program at the overall program level and technical level through the use of expert panels and committees; (3) the Council acquires a qualified, permanent core staff with the ability and expertise to manage the program and multiyear budget; and (4) there is no duplication of research effort between the program and any other research effort of the Department. (e)  Report on Implementation of Results. (1)  Report The Transportation Research Board of the National Research Council shall complete a report on the strategies and administrative structure to be used for implementation of the results of the future strategic highway research program. (2)  Components The report under paragraph (1) shall include with respect to the program (A) an identification of the most promising results of research under the program (including the persons most likely to use the results); (B) a discussion of potential incentives for, impediments to, and methods of, implementing those results; (C) an estimate of costs of implementation of those results; and (D) recommendations on methods by which implementation of those results should be conducted, coordinated, and supported in future years, including a discussion of the administrative structure and organization best suited to carry out those recommendations. (3)  Consultation In developing the report, the Transportation Research Board shall consult with a wide variety of stakeholders, including (A) the Federal Highway Administration; (B) the National Highway Traffic Safety Administration; and (C) the American Association of State Highway and Transportation Officials. (4)  Submission Not later than February 1, 2009 (f)  Funding. (1)  Federal share The Federal share of the cost of an activity carried out using amounts made available under a grant or cooperative agreement under this section shall be 100 percent, and such funds shall remain available until expended. (2)  Advance payments The Secretary may make advance payments as necessary to carry out the program under this section. (g)  Limitation of Remedies. (1)  Same remedy as if united states The remedy against the United States provided by sections 1346(b) and 2672 of title 28 for injury, loss of property, personal injury, or death shall apply to any claim against the National Academy of Sciences for money damages for injury, loss of property, personal injury, or death caused by any negligent or wrongful act or omission by employees and individuals described in paragraph (3) arising from activities conducted under or in connection with this section. Any such claim shall be subject to the limitations and exceptions which would be applicable to such claim if such claim were against the United States. With respect to any such claim, the Secretary shall be treated as the head of the appropriate Federal agency for purposes of sections 2672 and 2675 of title 28. (2)  Exclusiveness of remedy The remedy referred to in paragraph (1) shall be exclusive of any other civil action or proceeding for the purpose of determining liability arising from any such act or omission without regard to when the act or omission occurred. (3)  Treatment Employees of the National Academy of Sciences and other individuals appointed by the president of the National Academy of Sciences and acting on its behalf in connection with activities carried out under this section shall be treated as if they are employees of the Federal Government under section 2671 of title 28 section 1346(b) of title 28 (4)  Sources of payments Payment of any award, compromise, or settlement of a civil action or proceeding with respect to a claim described in paragraph (1) shall be paid first out of insurance maintained by the National Academy of Sciences, second from funds made available to carry out this section, and then from sums made available under section 1304 of title 31 (h)  Implementation Notwithstanding any other provision of this section, the Secretary may use funds made available to carry out this section for implementation of research products related to the future strategic highway research program, including development, demonstration, evaluation, and technology transfer activities. (Added Pub. L. 10959, title V,  5210(a) Aug. 10, 2005 119 Stat. 1801 Pub. L. 111322, title II,  2203(d) Dec. 22, 2010 124 Stat. 3526  Editorial Notes Prior Provisions A prior section 510, added Pub. L. 91605, title I,  117(b) Dec. 31, 1970 84 Stat. 1724 Pub. L. 91646, title II,  220(a)(10) Jan. 2, 1971 84 Stat. 1903 Another prior section 510 was renumbered section 511 of this title Amendments 2010Subsec. (h). Pub. L. 111322  511. Multistate corridor operations and management (a)  In General The Secretary shall encourage multistate cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project implementation for programs and projects to improve transportation system management and operations. (b)  Interstate Route Corridor Coalition Transportation Systems Management and Operations The Secretary shall make grants under this subsection to States to continue intelligent transportation system management and operations in the Interstate Route 95 corridor coalition region initiated under the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102240 (Added Pub. L. 10959, title V,  5211(a) Aug. 10, 2005 119 Stat. 1804  Editorial Notes  References in Text The Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (b), is Pub. L. 102240 Dec. 18, 1991 105 Stat. 1914 section 101 of Title 49 Prior Provisions A prior section 511, formerly 510, added Pub. L. 90495,  30 Aug. 23, 1968 82 Stat. 834 Pub. L. 91605, title I,  117(a) Dec. 31, 1970 84 Stat. 1724 Pub. L. 91646, title II,  220(a)(10) Jan. 2, 1971 84 Stat. 1903 Another prior section 511 was renumbered section 512 of this title  512. National ITS program plan (a)  In General. (1)  Updates Not later than 1 year after the date of enactment of the SAFETEALU, the Secretary, in consultation with interested stakeholders (including State transportation departments) shall develop a 5-year National Intelligent Transportation System (in this section referred to as ITS) program plan. (2)  Scope The National ITS program plan shall (A) specify the goals, objectives, and milestones for the research and deployment of intelligent transportation systems in the contexts of (i) major metropolitan areas; (ii) smaller metropolitan and rural areas; and (iii) commercial vehicle operations; (B) specify the manner in which specific programs and projects will achieve the goals, objectives, and milestones referred to in subparagraph (A), including consideration of a 5-year timeframe for the goals and objectives; (C) identify activities that provide for the dynamic development, testing, and necessary revision of standards and protocols to promote and ensure interoperability in the implementation of intelligent transportation system technologies, including actions taken to establish standards; and (D) establish a cooperative process with State and local governments for (i) determining desired surface transportation system performance levels; and (ii) developing plans for accelerating the incorporation of specific intelligent transportation system capabilities into surface transportation systems. (b)  Reporting The National ITS program plan shall be submitted and biennially updated. (Added Pub. L. 10959, title V,  5301(a) Aug. 10, 2005 119 Stat. 1804 Pub. L. 11494, div. A, title VI,  6019(d)(1)(D) Dec. 4, 2015 129 Stat. 1581  Editorial Notes  References in Text The date of enactment of the SAFETEALU, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 10959 Aug. 10, 2005 Prior Provisions A prior section 512, formerly 511, added Pub. L. 90495,  30 Aug. 23, 1968 82 Stat. 834 Pub. L. 91605, title I,  117(a) Dec. 31, 1970 84 Stat. 1724 Pub. L. 91646, title II,  220(a)(10) Jan. 2, 1971 84 Stat. 1903 Amendments 2015Subsec. (b). Pub. L. 11494 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Intelligent Transportation System Program Pub. L. 10959, title V Aug. 10, 2005 119 Stat. 18061813 Pub. L. 11494, div. A, title VI,  6019(d)(3) Dec. 4, 2015 129 Stat. 1582 Pub. L. 117286,  4(a)(176) Dec. 27, 2022 136 Stat. 4325  SEC. 5303. GOALS AND PURPOSES. (a)  Goals The goals of the intelligent transportation system program include (1) enhancement of surface transportation efficiency and facilitation of intermodalism and international trade to enable existing facilities to meet a significant portion of future transportation needs, including public access to employment, goods, and services and to reduce regulatory, financial, and other transaction costs to public agencies and system users; (2) achievement of national transportation safety goals, including the enhancement of safe operation of motor vehicles and nonmotorized vehicles and improved emergency response to a crash, with particular emphasis on decreasing the number and severity of collisions; (3) protection and enhancement of the natural environment and communities affected by surface transportation, with particular emphasis on assisting State and local governments to achieve national environmental goals; (4) accommodation of the needs of all users of surface transportation systems, including operators of commercial motor vehicles, passenger motor vehicles, motorcycles, bicycles and pedestrians, including individuals with disabilities; and (5) improvement of the Nations ability to respond to security-related or other manmade emergencies and natural disasters and enhancement of national defense mobility. (b)  Purposes The Secretary [of Transportation] shall implement activities under the intelligent system transportation program to, at a minimum (1) expedite, in both metropolitan and rural areas, deployment and integration of intelligent transportation systems for consumers of passenger and freight transportation; (2) ensure that Federal, State, and local transportation officials have adequate knowledge of intelligent transportation systems for consideration in the transportation planning process; (3) improve regional cooperation and operations planning for effective intelligent transportation system deployment; (4) promote the innovative use of private resources; (5) facilitate, in cooperation with the motor vehicle industry, the introduction of vehicle-based safety enhancing systems; (6) support the application of intelligent transportation systems that increase the safety and efficiency of commercial motor vehicle operations; (7) develop a workforce capable of developing, operating, and maintaining intelligent transportation systems; and (8) provide continuing support for operations and maintenance of intelligent transportation systems. SEC. 5304. INFRASTRUCTURE DEVELOPMENT. Funds made available to carry out this subtitle [subtitle C ( 53015310) of title V of Pub. L. 10959 section 513 of this title (1) shall be used primarily for the development of intelligent transportation system infrastructure; and (2) to the maximum extent practicable, shall not be used for the construction of physical highway and public transportation infrastructure unless the construction is incidental and critically necessary to the implementation of an intelligent transportation system project. SEC. 5305. GENERAL AUTHORITIES AND REQUIREMENTS. (a)  Scope Subject to the provisions of this subtitle [subtitle C ( 53015310) of title V of Pub. L. 10959 section 513 of this title (b)  Policy Intelligent transportation system research projects and operational tests funded pursuant to this subtitle shall encourage and not displace public-private partnerships or private sector investment in such tests and projects. (c)  Cooperation With Governmental, Private, and Educational Entities The Secretary shall carry out the intelligent transportation system program in cooperation with State and local governments and other public entities, the private sector firms of the United States, the Federal laboratories, and colleges and universities, including historically Black colleges and universities and other minority institutions of higher education. (d)  Consultation With Federal Officials In carrying out the intelligent transportation system program, the Secretary shall consult with the heads of other Federal departments and agencies, as appropriate. (e)  Technical Assistance, Training, and Information The Secretary may provide technical assistance, training, and information to State and local governments seeking to implement, operate, maintain, or evaluate intelligent transportation system technologies and services. (f)  Transportation Planning The Secretary may provide funding to support adequate consideration of transportation systems management and operations, including intelligent transportation systems, within metropolitan and statewide transportation planning processes. (g)  Information Clearinghouse. (1)  In general The Secretary shall (A) maintain a repository for technical and safety data collected as a result of federally sponsored projects carried out under this subtitle (including the amendments made by this subtitle); and (B) make, on request, that information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost. (2)  Agreement. (A)  In general The Secretary may enter into an agreement with a third party for the maintenance of the repository for technical and safety data under paragraph (1)(A). (B)  Federal financial assistance If the Secretary enters into an agreement with an entity for the maintenance of the repository, the entity shall be eligible for Federal financial assistance under this section. (3)  Availability of information Information in the repository shall not be subject to sections 552 and 555 of title 5, United States Code. (h)  Advisory Committee. (1)  In general The Secretary shall establish an Advisory Committee to advise the Secretary on carrying out this subtitle. (2)  Membership The Advisory Committee shall have no more than 20 members, be balanced between metropolitan and rural interests, and include, at a minimum (A) a representative from a State highway department; (B) a representative from a local highway department who is not from a metropolitan planning organization; (C) a representative from a State, local, or regional transit agency; (D) a representative from a metropolitan planning organization; (E) a private sector user of intelligent transportation system technologies; (F) an academic researcher with expertise in computer science or another information science field related to intelligent transportation systems, and who is not an expert on transportation issues; (G) an academic researcher who is a civil engineer; (H) an academic researcher who is a social scientist with expertise in transportation issues; (I) a representative from a nonprofit group representing the intelligent transportation system industry; (J) a representative from a public interest group concerned with safety; (K) a representative from a public interest group concerned with the impact of the transportation system on land use and residential patterns; and (L) members with expertise in planning, safety, and operations. (3)  Duties The Advisory Committee shall, at a minimum, perform the following duties: (A) Provide input into the development of the Intelligent Transportation System aspects of the 5-year strategic plan under [section] 6503 of title 49, United States Code. (B) Review, at least annually, areas of intelligent transportation systems research being considered for funding by the Department, to determine (i) whether these activities are likely to advance either the state-of-the-practice or state-of-the-art in intelligent transportation systems; (ii) whether the intelligent transportation system technologies are likely to be deployed by users, and if not, to determine the barriers to deployment; and (iii) the appropriate roles for government and the private sector in investing in the research and technologies being considered. (4)  Report Not later than February 1 of each year after the date of enactment of this Act [ Aug. 10, 2005 (A) all recommendations made by the Advisory Committee during the preceding calendar year; (B) an explanation of how the Secretary has implemented those recommendations; and (C) for recommendations not implemented, the reasons for rejecting the recommendations. (5)  Applicability of chapter of title , united states code The Advisory Committee shall be subject to chapter 10 of title 5, United States Code. (i)  Reporting. (1)  Guidelines and requirements. (A)  In general The Secretary shall issue guidelines and requirements for the reporting and evaluation of operational tests and deployment projects carried out under this subtitle. (B)  Objectivity and independence The guidelines and requirements issued under subparagraph (A) shall include provisions to ensure the objectivity and independence of the reporting entity so as to avoid any real or apparent conflict of interest or potential influence on the outcome by parties to any such test or deployment project or by any other formal evaluation carried out under this subtitle. (C)  Funding The guidelines and requirements issued under subparagraph (A) shall establish reporting funding levels based on the size and scope of each test or project that ensure adequate reporting of the results of the test or project. (2)  Special rule Any survey, questionnaire, or interview that the Secretary considers necessary to carry out the reporting of any test, deployment project, or program assessment activity under this subtitle shall not be subject to chapter 35 of title 44, United States Code. SEC. 5306. RESEARCH AND DEVELOPMENT. (a)  In General The Secretary [of Transportation] shall carry out a comprehensive program of intelligent transportation system research, development, and operational tests of intelligent vehicles and intelligent infrastructure systems and other similar activities that are necessary to carry out this subtitle [subtitle C ( 53015310) of title V of Pub. L. 10959 section 513 of this title (b)  Priority Areas Under the program, the Secretary shall give higher priority to funding projects that (1) enhance mobility and productivity through improved traffic management, incident management, transit management, freight management, road weather management, toll collection, traveler information, or highway operations systems and remote sensing products; (2) utilize interdisciplinary approaches to develop traffic management strategies and tools to address multiple impacts of congestion concurrently; (3) address traffic management, incident management, transit management, toll collection traveler information, or highway operations systems with goals of (A) reducing metropolitan congestion by not less than 5 percent by 2010; (B) ensuring that a national, interoperable 511 system, along with a national traffic information system that includes a user-friendly, comprehensive website, is fully implemented for use by travelers throughout the United States by September 30, 2010 (C) (i) improving incident management response, particularly in rural areas, so that rural emergency response times are reduced by an average of 10 minutes; and (ii) improving communication between emergency care providers and trauma centers; (4) incorporate research on the impact of environmental, weather, and natural conditions on intelligent transportation systems, including the effects of cold climates; (5) enhance intermodal use of intelligent transportation systems for diverse groups, including for emergency and health-related services; (6) enhance safety through improved crash avoidance and protection, crash and other notification, commercial motor vehicle operations, and infrastructure-based or cooperative safety systems; and (7) facilitate the integration of intelligent infrastructure, vehicle, and control technologies. (c)  Federal Share The Federal share of the cost of operational tests and demonstrations under subsection (a) shall not exceed 80 [sic]. SEC. 5307. NATIONAL ARCHITECTURE AND STANDARDS. (a)  In General. (1)  Development, implementation, and maintenance Consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 [ Pub. L. 104113 15 U.S.C. 272 110 Stat. 783 (2)  Interoperability and efficiency To the maximum extent practicable, the national architecture shall promote interoperability among, and efficiency of, intelligent transportation system technologies implemented throughout the United States. (3)  Use of standards development organizations In carrying out this section, the Secretary shall use the services of such standards development organizations as the Secretary determines to be appropriate. (4)  Use of expert panel. (A)  Designation The Secretary shall designate a panel of experts to recommend ways to expedite and streamline the process for developing the standards and protocols to be developed pursuant to paragraph (1). (B)  Nonapplicability of chapter of title , united states code The expert panel shall not be subject to chapter 10 of title 5, United States Code. (C)  Deadline for recommendation Not later than September 30, 2007 (b)  Provisional Standards. (1)  In general If the Secretary finds that the development or balloting of an intelligent transportation system standard jeopardizes the timely achievement of the objectives identified in subsection (a), the Secretary may establish a provisional standard, after consultation with affected parties, using, to the extent practicable, the work product of appropriate standards development organizations. (2)  Period of effectiveness A provisional standard established under paragraph (1) shall be published in the Federal Register and remain in effect until the appropriate standards development organization adopts and publishes a standard. (c)  Conformity With National Architecture. (1)  In general Except as provided in paragraphs (2) and (3), the Secretary shall ensure that intelligent transportation system projects carried out using funds made available from the Highway Trust Fund, including funds made available under this subtitle to deploy intelligent transportation system technologies, conform to the national architecture, applicable standards or provisional standards, and protocols developed under subsection (a). (2)  Secretarys discretion The Secretary may authorize exceptions to paragraph (1) for (A) projects designed to achieve specific research objectives outlined in the national intelligent transportation system program plan or the surface transportation research and development strategic plan developed under section 508 of title 23 (B) the upgrade or expansion of an intelligent transportation system in existence on the date of enactment of this Act [ Aug. 10, 2005 (i) would not adversely affect the goals or purposes of this subtitle [subtitle C ( 53015310) of title V of Pub. L. 10959 section 513 of this title (ii) is carried out before the end of the useful life of such system; and (iii) is cost-effective as compared to alternatives that would meet the conformity requirement of paragraph (1). (3)  Exceptions Paragraph (1) shall not apply to funds used for operation or maintenance of an intelligent transportation system in existence on the date of enactment of this Act. SEC. 5308. ROAD WEATHER RESEARCH AND DEVELOPMENT PROGRAM. (a)  Establishment The Secretary [of Transportation] shall establish a road weather research and development program to (1) maximize use of available road weather information and technologies; (2) expand road weather research and development efforts to enhance roadway safety, capacity, and efficiency while minimizing environmental impacts; and (3) promote technology transfer of effective road weather scientific and technological advances. (b)  Stakeholder Input In carrying out this section, the Secretary shall consult with the National Oceanic and Atmospheric Administration, the National Science Foundation, the American Association of State Highway and Transportation Officials, nonprofit organizations, and the private sector. (c)  Contents The program established under this section shall solely carry out research and development called for in the National Research Councils report entitled A Research Agenda for Improving Road Weather Services. Such research and development includes (1) integrating existing observational networks and data management systems for road weather applications; (2) improving weather modeling capabilities and forecast tools, such as the road surface and atmospheric interface; (3) enhancing mechanisms for communicating road weather information to users, such as transportation officials and the public; and (4) integrating road weather technologies into an information infrastructure. (d)  Activities In carrying out this section, the Secretary shall (1) enable efficient technology transfer; (2) improve education and training of road weather information users, such as State and local transportation officials and private sector transportation contractors; and (3) coordinate with transportation weather research programs in other modes, such as aviation. (e)  Funding. (1)  In general In awarding funds under this section, the Secretary shall give preference to applications with significant matching funds from non-Federal sources. (2)  Funds for road weather research and development Of the amounts made available by section 5101(a)(5) of this Act [ 119 Stat. 1779 SEC. 5309. CENTERS FOR SURFACE TRANSPORTATION EXCELLENCE. (a)  Establishment The Secretary [of Transportation] shall establish 4 centers for surface transportation excellence. (b)  Goals The goals of the centers for surface transportation excellence are to promote and support strategic national surface transportation programs and activities relating to the work of State departments of transportation in the areas of environment, surface transportation safety, rural safety, and project finance. (c)  Role of Centers To achieve the goals set forth in subsection (b), the Secretary shall establish the 4 centers as follows: (1)  Environmental excellence To provide technical assistance, information sharing of best practices, and training in the use of tools and decision-making processes that can assist States in planning and delivering environmentally sound surface transportation projects. (2)  Surface transportation safety To develop and disseminate advanced transportation safety techniques and innovations in both rural areas and urban communities. The center will use a controlled access highway with state-of-the-art features, to test safety devices and techniques that enhance driver performance, examine advanced pavement and lighting systems, and develop techniques to address older driver and fatigue driver issues. (3)  Rural safety To provide research, training, and outreach on innovative uses of technology to enhance rural safety and economic development, assess local community needs to improve access to mobile emergency treatment, and develop online and seminar training needs of rural transportation practitioners and policy-makers. (4)  Project finance To provide support to State transportation departments in the development of finance plans and project oversight tools and to develop and offer training in state-of-the-art financing methods to advance projects and leverage funds. (d)  Funding. (1)  In general Of the amounts made available by section 5101(a)(1) of this Act [ 119 Stat. 1779 (2)  Allocation of funds Of the funds made available under paragraph (1) the Secretary shall use such amounts as follows: (A) $1,250,000 to establish the Center for Environmental Excellence. (B) $750,000 to establish the Center for Excellence in Surface Transportation Safety at the Virginia Tech Transportation Institute. (C) $875,000 to establish the Center for Excellence in Rural Safety at the Hubert H. Humphrey Institute, Minnesota. (D) $875,000 to establish the Center for Excellence in Project Finance. (3)  Applicability of title 23 Funds authorized by this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share shall be 100 percent. (e)  Program Administration. (1)  Competition A party entering into a contract, cooperative agreement, or other transaction with the Secretary, or receiving a grant to perform research or provide technical assistance under subsections (d)(2)(A) and (d)(2)(D) shall be selected on a competitive basis, to the maximum extent practicable. (2)  Strategic plan The Secretary shall require each center to develop a multiyear strategic plan that describes (A) the activities to be undertaken; and (B) how the work of the center is coordinated with the activities of the Federal Highway Administration and the various other research, development, and technology transfer activities authorized by this title [see Tables for classification]. Such plans shall be submitted to the Secretary by January 1, 2006 SEC. 5310. DEFINITIONS. In this subtitle [subtitle C ( 53015310) of title V of Pub. L. 10959 section 513 of this title (1)  Incident The term incident means a crash, a natural disaster, workzone activity, special event, or other emergency road user occurrence that adversely affects or impedes the normal flow of traffic. (2)  Intelligent transportation infrastructure The term intelligent transportation infrastructure means fully integrated public sector intelligent transportation system components, as defined by the Secretary [of Transportation]. (3)  Intelligent transportation system The term intelligent transportation system means electronics, photonics, communications, or information processing used singly or in combination to improve the efficiency or safety of a surface transportation system. (4)  National architecture The term national architecture means the common framework for interoperability that defines (A) the functions associated with intelligent transportation system user services; (B) the physical entities or subsystems within which the functions reside; (C) the data interfaces and information flows between physical subsystems; and (D) the communications requirements associated with the information flows. (5)  Project The term project means an undertaking to research, develop, or operationally test intelligent transportation systems or any other undertaking eligible for assistance under this subtitle. (6)  Standard The term standard means a document that (A) contains technical specifications or other precise criteria for intelligent transportation systems that are to be used consistently as rules, guidelines, or definitions of characteristics so as to ensure that materials, products, processes, and services are fit for their purposes; and (B) may support the national architecture and promote (i) the widespread use and adoption of intelligent transportation system technology as a component of the surface transportation systems of the United States; and (ii) interoperability among intelligent transportation system technologies implemented throughout the States. (7)  State The term State has the meaning given the term under section 101 of title 23 (8)  Transportation systems management and operations The term transportation systems management and operations has the meaning given the term under section 101(a) of title 23 section 101(a) of this title Environmental Review of Activities That Support Deployment of Intelligent Transportation Systems Pub. L. 10959, title VI,  6010 Aug. 10, 2005 119 Stat. 1877  (a)  Categorical Exclusions Not later than one year after the date of enactment of this Act [ Aug. 10, 2005 42 U.S.C. 4332 42 U.S.C. 4321 (b)  Nationwide Programmatic Agreement. (1)  Development The Secretary [of Transportation] shall develop a nationwide programmatic agreement governing the review of activities that support the deployment of intelligent transportation infrastructure and systems in accordance with section 106 of the National Historic Preservation Act ([former] 16 U.S.C. 470f 54 U.S.C. 306108 (2)  Consultation The Secretary shall develop the agreement under paragraph (1) in consultation with the National Conference of State Historic Preservation Officers and the Advisory Council on Historic Preservation established under title II of the National Historic Preservation Act (26 [sic] U.S.C. 470i et seq. [former 16 U.S.C. 470i 54 U.S.C. 304101 (c)  Intelligent Transportation Infrastructure and Systems Defined In this section, the term intelligent transportation infrastructure and systems means intelligent transportation infrastructure and intelligent transportation systems, as such terms are defined in subtitle C of title V of this Act [subtitle C ( 53015310) of title V of Pub. L. 10959 section 513 of this title  513. Use of funds for ITS activities (a)  Definitions In this section, the following definitions apply: (1)  Eligible entity The term eligible entity means a State or local government, tribal government, transit agency, public toll authority, metropolitan planning organization, other political subdivision of a State or local government, or a multistate or multijurisdictional group applying through a single lead applicant. (2)  Multijurisdictional group The term multijurisdictional group means a combination of State governments, local governments, metropolitan planning agencies, transit agencies, or other political subdivisions of a State that (A) have signed a written agreement to implement an activity that meets the grant criteria under this section; and (B) is comprised of at least 2 members, each of whom is an eligible entity. (b)  Purpose The purpose of this section is to develop, administer, communicate, and promote the use of products of research, technology, and technology transfer programs. (c)  ITS Adoption (1)  Innovative technologies and strategies The Secretary shall encourage the deployment of ITS technologies that will improve the performance of the National Highway System in such areas as traffic operations, emergency response, incident management, surface transportation network management, freight management, traffic flow information, and congestion management by accelerating the adoption of innovative technologies through the use of (A) demonstration programs; (B) grant funding; (C) incentives to eligible entities; and (D) other tools, strategies, or methods that will result in the deployment of innovative ITS technologies. (2)  Comprehensive plan To carry out this section, the Secretary shall develop a detailed and comprehensive plan that addresses the manner in which incentives may be adopted, as appropriate, through the existing deployment activities carried out by surface transportation modal administrations. (Added Pub. L. 10959, title V,  5302(a) Aug. 10, 2005 119 Stat. 1805 Pub. L. 112141, div. E, title III,  53001 July 6, 2012 126 Stat. 897  Editorial Notes Amendments 2012 Pub. L. 112141 (a) In General (b) Applicability Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  514. Goals and purposes (a)  Goals The goals of the intelligent transportation system program include (1) enhancement of surface transportation efficiency and facilitation of intermodalism and international trade to enable existing facilities to meet a significant portion of future transportation needs, including public access to employment, goods, and services and to reduce regulatory, financial, and other transaction costs to public agencies and system users; (2) achievement of national transportation safety goals, including enhancement of safe operation of motor vehicles and nonmotorized vehicles and improved emergency response to collisions, with particular emphasis on decreasing the number and severity of collisions; (3) protection and enhancement of the natural environment and communities affected by surface transportation, with particular emphasis on assisting State and local governments to achieve national environmental goals; (4) accommodation of the needs of all users of surface transportation systems, including operators of commercial motor vehicles, passenger motor vehicles, motorcycles, bicycles, and pedestrians (including individuals with disabilities); (5) enhancement of national defense mobility and improvement of the ability of the United States to respond to security-related or other manmade emergencies and natural disasters; and (6) enhancement of the national freight system and support to national freight policy goals. (b)  Purposes The Secretary shall implement activities under the intelligent transportation system program, at a minimum (1) to expedite, in both metropolitan and rural areas, deployment and integration of intelligent transportation systems for consumers of passenger and freight transportation; (2) to ensure that Federal, State, and local transportation officials have adequate knowledge of intelligent transportation systems for consideration in the transportation planning process; (3) to improve regional cooperation and operations planning for effective intelligent transportation system deployment; (4) to promote the innovative use of private resources in support of intelligent transportation system development; (5) to facilitate, in cooperation with the motor vehicle industry, the introduction of vehicle-based safety enhancing systems; (6) to support the application of intelligent transportation systems that increase the safety and efficiency of commercial motor vehicle operations; (7) to develop a workforce capable of developing, operating, and maintaining intelligent transportation systems; (8) to provide continuing support for operations and maintenance of intelligent transportation systems; (9) to ensure a systems approach that includes cooperation among vehicles, infrastructure, and users; and (10) to assist in the development of cybersecurity research in cooperation with relevant modal administrations of the Department of Transportation and other Federal agencies to help prevent hacking, spoofing, and disruption of connected and automated transportation vehicles. (Added Pub. L. 112141, div. E, title III,  53002(a) July 6, 2012 126 Stat. 898 Pub. L. 11494, div. A, title VI Dec. 4, 2015 129 Stat. 1567  Editorial Notes Amendments 2015Subsec. (a)(6). Pub. L. 11494,  6005 Subsec. (b)(10). Pub. L. 11494,  6006 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date Section effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  515. General authorities and requirements (a)  Scope Subject to the provisions of sections 512 through 518, the Secretary shall conduct an ongoing intelligent transportation system program (1) to research, develop, and operationally test intelligent transportation systems; and (2) to provide technical assistance in the nationwide application of those systems as a component of the surface transportation systems of the United States. (b)  Policy Intelligent transportation system research projects and operational tests funded pursuant to sections 512 through 518 shall encourage and not displace public-private partnerships or private sector investment in those tests and projects. (c)  Cooperation With Governmental, Private, and Educational Entities The Secretary shall carry out the intelligent transportation system program in cooperation with State and local governments and other public entities, the private sector firms of the United States, the Federal laboratories, and institutions of higher education, including historically Black colleges and universities and other minority institutions of higher education. (d)  Consultation With Federal Officials In carrying out the intelligent transportation system program, the Secretary shall consult with the heads of other Federal agencies, as appropriate. (e)  Technical Assistance, Training, and Information The Secretary may provide technical assistance, training, and information to State and local governments seeking to implement, operate, maintain, or evaluate intelligent transportation system technologies and services. (f)  Transportation Planning The Secretary may provide funding to support adequate consideration of transportation systems management and operations, including intelligent transportation systems, within metropolitan and statewide transportation planning processes. (g)  Information Clearinghouse. (1)  In general The Secretary shall (A) maintain a repository for technical and safety data collected as a result of federally sponsored projects carried out under sections 512 through 518; and (B) make, on request, that information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost. (2)  Agreement. (A)  In general The Secretary may enter into an agreement with a third party for the maintenance of the repository for technical and safety data under paragraph (1)(A). (B)  Federal financial assistance If the Secretary enters into an agreement with an entity for the maintenance of the repository, the entity shall be eligible for Federal financial assistance under this section. (3)  Availability of information Information in the repository shall not be subject to sections 552 and 555 of title 5, United States Code. (h)  Advisory Committee. (1)  In general The Secretary shall establish an Advisory Committee (referred to in this subsection as the Advisory Committee) to advise the Secretary on carrying out sections 512 through 518. (2)  Membership The Advisory Committee shall have no more than 25 members, be balanced between metropolitan and rural interests, and include, at a minimum (A) a representative from a State highway department; (B) a representative from a local highway department who is not from a metropolitan planning organization; (C) a representative from a State, local, or regional transit agency; (D) a representative from a State, local, or regional wildlife, land use, or resource management agency; (E) a representative from a metropolitan planning organization; (F) a representative of a national transit association; (G) a representative of a national, State, or local transportation agency or association; (H) a private sector user of intelligent transportation system technologies; (I) a private sector developer of intelligent transportation system technologies, which may include emerging vehicle technologies; (J) an academic researcher with expertise in computer science or another information science field related to intelligent transportation systems, and who is not an expert on transportation issues; (K) an academic researcher who is a civil engineer; (L) an academic researcher who is a social scientist with expertise in transportation issues; (M) an academic researcher who is a biological or ecological scientist with expertise in transportation issues; (N) a representative from a nonprofit group representing the intelligent transportation system industry; (O) a representative from a public interest group concerned with safety; (P) a representative of a labor organization; (Q) a representative of a mobility-providing entity; (R) an expert in traffic management; (S) a representative from a public interest group concerned with the impact of the transportation system on land use and residential patterns; (T) a representative from a public interest group concerned with the impact of the transportation system on terrestrial and aquatic species and the habitat of those species; and (U) members with expertise in planning, safety, telecommunications, and operations; (V) an expert in cybersecurity; and (W) an automobile manufacturer. (3)  Term. (A)  In general The term of a member of the Advisory Committee shall be 3 years. (B)  Renewal On expiration of the term of a member of the Advisory Committee, the member (i) may be reappointed; or (ii) if the member is not reappointed under clause (i), may serve until a new member is appointed. (4)  Meetings The Advisory Committee (A) shall convene not less frequently than twice each year; and (B) may convene with the use of remote video conference technology. (5)  Duties The Advisory Committee shall, at a minimum, perform the following duties: (A) Provide input into the development of the intelligent transportation system aspects of the strategic plan under section 6503 of title 49 (B) Review, at least annually, areas of intelligent transportation systems programs and research being considered for funding by the Department, to determine (i) whether these activities are likely to advance either the state-of-the-practice or state-of-the-art in intelligent transportation systems; (ii) whether the intelligent transportation system technologies are likely to be deployed by users, and if not, to determine the barriers to deployment; and (iii) the appropriate roles for government and the private sector in investing in the programs, research, and technologies being considered. (6)  Report Not later than May 1 of each year, the Secretary shall make available to the public on a Department of Transportation website a report that includes (A) all recommendations made by the Advisory Committee during the preceding calendar year; (B) an explanation of the manner in which the Secretary has implemented those recommendations; and (C) for recommendations not implemented, the reasons for rejecting the recommendations. (7)  Applicability of chapter 10 of title 5, united states code The Advisory Committee shall be subject to chapter 10 of title 5, United States Code. (i)  Reporting. (1)  Guidelines and requirements. (A)  In general The Secretary shall issue guidelines and requirements for the reporting and evaluation of operational tests and deployment projects carried out under sections 512 through 518. (B)  Objectivity and independence The guidelines and requirements issued under subparagraph (A) shall include provisions to ensure the objectivity and independence of the reporting entity so as to avoid any real or apparent conflict of interest or potential influence on the outcome by parties to any such test or deployment project or by any other formal evaluation carried out under sections 512 through 518. (C)  Funding The guidelines and requirements issued under subparagraph (A) shall establish reporting funding levels based on the size and scope of each test or project that ensure adequate reporting of the results of the test or project. (2)  Special rule Any survey, questionnaire, or interview that the Secretary considers necessary to carry out the reporting of any test, deployment project, or program assessment activity under sections 512 through 518 shall not be subject to chapter 35 of title 44, United States Code. (Added Pub. L. 112141, div. E, title III,  53003(a) July 6, 2012 126 Stat. 899 Pub. L. 11494, div. A, title I,  1446(a)(14) Dec. 4, 2015 129 Stat. 1438 Pub. L. 11758, div. A, title III,  13008(a) Nov. 15, 2021 135 Stat. 641 Pub. L. 117286,  4(a)(178) Dec. 27, 2022 136 Stat. 4325  Editorial Notes Amendments 2022Subsec. (h)(7). Pub. L. 117286 chapter 10 of title 5, united states code federal advisory committee act Pub. L. 11758,  25001(4) 2021Subsec. (h)(1). Pub. L. 11758,  25001(1) Subsec. (h)(2). Pub. L. 11758,  25001(2)(A) Subsec. (h)(2)(D) to (W). Pub. L. 11758,  13008(a) Subsec. (h)(2)(D). Pub. L. 11758,  13008(a)(3) Subsec. (h)(2)(F), (G). Pub. L. 11758,  25001(2)(D) Subsec. (h)(2)(I). Pub. L. 11758,  25001(2)(E) Subsec. (h)(2)(J). Pub. L. 11758,  13008(a)(4) Pub. L. 11758,  25001(2)(C) Subsec. (h)(2)(N). Pub. L. 11758,  13008(a)(5) Pub. L. 11758,  25001(2)(C) Subsec. (h)(2)(O). Pub. L. 11758,  25001(2)(B) Subsec. (h)(2)(P) to (R). Pub. L. 11758,  25001(2)(F) Subsec. (h)(2)(V), (W). Pub. L. 11758,  25001(2)(G) Subsec. (h)(3). Pub. L. 11758,  25001(5) Subsec. (h)(3)(A). Pub. L. 11758,  25001(3)(A) section 6503 of title 49 Subsec. (h)(3)(B). Pub. L. 11758,  25001(3)(B)(i) Subsec. (h)(3)(B)(iii). Pub. L. 11758,  25001(3)(B)(ii) Subsec. (h)(4). Pub. L. 11758,  25001(5) Subsec. (h)(5) to (7). Pub. L. 11758,  25001(4) 2015 Pub. L. 11494,  1446(a)(14) Subsec. (h)(4). Pub. L. 11494,  6007 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by section 13008(a) of Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date Section effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  516. Research and development (a)  In General The Secretary shall carry out a comprehensive program of intelligent transportation system research and development, and operational tests of intelligent vehicles, intelligent infrastructure systems, and other similar activities that are necessary to carry out this chapter. (b)  Priority Areas Under the program, the Secretary shall give higher priority to funding projects that (1) enhance mobility and productivity through improved traffic management, incident management, transit management, freight management, road weather management, toll collection, traveler information, or highway operations systems and remote sensing products; (2) use interdisciplinary approaches to develop traffic management strategies and tools to address multiple impacts of congestion concurrently; (3) address traffic management, incident management, transit management, toll collection traveler information, or highway operations systems; (4) incorporate research on the potential impact of environmental, weather, and natural conditions on intelligent transportation systems, including the effects of cold climates; (5) enhance intermodal use of intelligent transportation systems for diverse groups, including for emergency and health-related services; (6) enhance safety through improved crash avoidance and protection, crash and other notification, commercial motor vehicle operations, and infrastructure-based or cooperative safety systems, including animal detection systems to reduce the number of wildlife-vehicle collisions; or (7) facilitate the integration of intelligent infrastructure, vehicle, and control technologies. (c)  Federal Share The Federal share payable on account of any project or activity carried out under subsection (a) shall not exceed 80 percent. (Added Pub. L. 112141, div. E, title III,  53004(a) July 6, 2012 126 Stat. 902 Pub. L. 11758, div. A, title III,  13008(b) Nov. 15, 2021 135 Stat. 641  Editorial Notes Amendments 2021Subsec. (b)(6). Pub. L. 11758 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date Section effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  517. National architecture and standards (a)  In General (1)  Development, implementation, and maintenance In accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 ( 15 U.S.C. 272 110 Stat. 783 115 Stat. 1241 (2)  Interoperability and efficiency To the maximum extent practicable, the national ITS architecture and supporting ITS standards and protocols shall promote interoperability among, and efficiency of, intelligent transportation systems and technologies implemented throughout the United States. (3)  Use of standards development organizations In carrying out this section, the Secretary shall support the development and maintenance of standards and protocols using the services of such standards development organizations as the Secretary determines to be necessary and whose memberships include representatives of the surface transportation and intelligent transportation systems industries. (b)  Standards for National Policy Implementation If the Secretary finds that a standard is necessary for implementation of a nationwide policy relating to user fee collection or other capability requiring nationwide uniformity, the Secretary, after consultation with stakeholders, may establish and require the use of that standard. (c)  Provisional Standards (1)  In general If the Secretary finds that the development or balloting of an intelligent transportation system standard jeopardizes the timely achievement of the objectives described in subsection (a), the Secretary may establish a provisional standard, after consultation with affected parties, using, to the maximum extent practicable, the work product of appropriate standards development organizations. (2)  Period of effectiveness A provisional standard established under paragraph (1) shall be published in the Federal Register and remain in effect until the appropriate standards development organization adopts and publishes a standard. (d)  Conformity With National Architecture (1) In general. Except as provided in paragraph (2), the Secretary shall ensure that intelligent transportation system projects carried out using amounts made available from the Highway Trust Fund, including amounts made available to deploy intelligent transportation systems, conform to the appropriate regional ITS architecture, applicable standards, and protocols developed under subsection (a) or (c). (2)  Discretion of the secretary The Secretary, at the discretion of the Secretary, may offer an exemption from paragraph (1) for projects designed to achieve specific research objectives outlined in the national intelligent transportation system program plan or the surface transportation research and development strategic plan developed under section 508. 1 1 (Added Pub. L. 112141, div. E, title III,  53005(a) July 6, 2012 126 Stat. 902 Pub. L. 11494, div. A, title VI,  6008 Dec. 4, 2015 129 Stat. 1567  Editorial Notes  References in Text Section 12(d) of the National Technology Transfer and Advancement Act of 1995, referred to in subsec. (a)(1), is section 12(d) of Pub. L. 104113 Mar. 7, 1996 110 Stat. 783 section 272 of Title 15 Section 508, referred to in subsec. (d)(2), was repealed by Pub. L. 11494, div. A, title VI,  6019(d)(1)(A) Dec. 4, 2015 129 Stat. 1581 Oct. 1, 2015 Amendments 2015Subsec. (a)(3). Pub. L. 11494 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date Section effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  518. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment (a)  In General Not later than July 6, 2016 (1) assesses the status of dedicated short-range communications technology and applications developed through research and development; (2) analyzes the known and potential gaps in short-range communications technology and applications; (3) defines a recommended implementation path for dedicated short-range communications technology and applications that (A) is based on the assessment described in paragraph (1); and (B) takes into account the analysis described in paragraph (2); (4) includes guidance on the relationship of the proposed deployment of dedicated short-range communications to the National ITS Architecture and ITS Standards; and (5) ensures competition by not preferencing the use of any particular frequency for vehicle to infrastructure operations. (b)  Report Review The Secretary shall enter into agreements with the National Research Council and an independent third party with subject matter expertise for the review of the report described in subsection (a). (Added Pub. L. 112141, div. E, title III,  53006(a) July 6, 2012 126 Stat. 904 Pub. L. 11494, div. A, title VI,  6009 Dec. 4, 2015 129 Stat. 1567  Editorial Notes Amendments 2015Subsec. (a). Pub. L. 11494 July 6, 2016 Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date Section effective Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  519. Infrastructure development Funds made available to carry out this chapter for operational tests of intelligent transportation systems (1) shall be used primarily for the development of intelligent transportation system infrastructure, equipment, and systems; and (2) to the maximum extent practicable, shall not be used for the construction of physical surface transportation infrastructure unless the construction is incidental and critically necessary to the implementation of an intelligent transportation system project. (Added Pub. L. 11494, div. A, title VI,  6010(a) Dec. 4, 2015 129 Stat. 1567  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5  520. Transportation Resilience and Adaptation Centers of Excellence (a)  Definition of Center of Excellence In this section, the term Center of Excellence means a Center of Excellence for Resilience and Adaptation designated under subsection (b). (b)  Designation The Secretary shall designate 10 regional Centers of Excellence for Resilience and Adaptation and 1 national Center of Excellence for Resilience and Adaptation, which shall serve as a coordinator for the regional Centers, to receive grants to advance research and development that improves the resilience of regions of the United States to natural disasters and extreme weather by promoting the resilience of surface transportation infrastructure and infrastructure dependent on surface transportation. (c)  Eligibility An entity eligible to be designated as a Center of Excellence is (1) an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (2) a consortium of nonprofit organizations led by an institution of higher education. (d)  Application To be eligible to be designated as a Center of Excellence, 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, including a proposal that includes a description of the activities to be carried out with a grant under this section. (e)  Selection. (1)  Regional centers of excellence The Secretary shall designate 1 regional Center of Excellence in each of the 10 Federal regions that comprise the Standard Federal Regions established by the Office of Management and Budget in the document entitled Standard Federal Regions and dated April 1974 (circular A105). (2)  National center of excellence The Secretary shall designate 1 national Center of Excellence to coordinate the activities of all 10 regional Centers of Excellence to minimize duplication and promote coordination and dissemination of research among the Centers. (3)  Criteria In selecting eligible entities to designate as a Center of Excellence, the Secretary shall consider (A) the past experience and performance of the eligible entity in carrying out activities described in subsection (g); (B) the merits of the proposal of an eligible entity and the extent to which the proposal would (i) advance the state of practice in resilience planning and identify innovative resilience solutions for transportation assets and systems; (ii) support activities carried out under the PROTECT program under section 176; (iii) support and build on work being carried out by another Federal agency relating to resilience; (iv) inform transportation decisionmaking at all levels of government; (v) engage local, regional, Tribal, State, and national stakeholders, including, if applicable, stakeholders representing transportation, transit, urban, and land use planning, natural resources, environmental protection, hazard mitigation, and emergency management; and (vi) engage community groups and other stakeholders that will be affected by transportation decisions, including underserved, economically disadvantaged, rural, and predominantly minority communities; and (C) the local, regional, Tribal, State, and national impacts of the proposal of the eligible entity. (f)  Grants Subject to the availability of appropriations, the Secretary shall provide to each Center of Excellence a grant of not less than $5,000,000 for each of fiscal years 2022 through 2031 to carry out the activities described in subsection (g). (g)  Activities In carrying out this section, the Secretary shall ensure that a Center of Excellence uses the funds from a grant under subsection (f) to promote resilient transportation infrastructure, including through (1) supporting climate vulnerability assessments informed by climate change science, including national climate assessments produced by the United States Global Change Research Program under section 106 of the Global Change Research Act of 1990 ( 15 U.S.C. 2936 (2) development of new design, operations, and maintenance standards for transportation infrastructure that can inform Federal and State decisionmaking; (3) research and development of new materials and technologies that could be integrated into existing and new transportation infrastructure; (4) development, refinement, and piloting of new and emerging resilience improvements and strategies, including natural infrastructure approaches and relocation; (5) development of and investment in new approaches for facilitating meaningful engagement in transportation decisionmaking by local, Tribal, regional, or national stakeholders and communities; (6) technical capacity building to facilitate the ability of local, regional, Tribal, State, and national stakeholders (A) to assess the vulnerability of transportation infrastructure assets and systems; (B) to develop community response strategies; (C) to meaningfully engage with community stakeholders; and (D) to develop strategies and improvements for enhancing transportation infrastructure resilience under current conditions and a range of potential future conditions; (7) workforce development and training; (8) development and dissemination of data, tools, techniques, assessments, and information that informs Federal, State, Tribal, and local government decisionmaking, policies, planning, and investments; (9) education and outreach regarding transportation infrastructure resilience; and (10) technology transfer and commercialization. (h)  Federal Share The Federal share of the cost of an activity under this section, including the costs of establishing and operating a Center of Excellence, shall be 50 percent. (Added Pub. L. 11758, div. A, title III,  13009(a) Nov. 15, 2021 135 Stat. 642  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title CHAPTER 6 INFRASTRUCTURE FINANCE    Sec.  601. Generally applicable provisions.  602. Determination of eligibility and project selection.  603. Secured loans.  604. Lines of credit.  605. Program administration.  606. State and local permits.  607. Regulations.  608. Funding.  609. Reports to Congress.  610. State infrastructure bank program.  611. Asset concessions and innovative finance assistance.  Editorial Notes Codification This chapter, consisting of sections 601 to 610 of this title, was previously set out as subchapter II, consisting of sections 181 to 190, of chapter 1 of this title. Amendments 2021 Pub. L. 11758, div. G, title X,  71001(a)(2) Nov. 15, 2021 135 Stat. 1320  601. Generally applicable provisions (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 (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 (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 1 (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 (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 September 30, 2025 (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 (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 (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. 105178, title I,  1503(a) June 9, 1998 112 Stat. 241 Pub. L. 10959, title I Aug. 10, 2005 119 Stat. 1239 Pub. L. 109291,  4(b)(6) Sept. 29, 2006 120 Stat. 1338 Pub. L. 110244, title I,  101(r) June 6, 2008 122 Stat. 1577 Pub. L. 112141, div. A, title II,  2002 July 6, 2012 126 Stat. 607 Pub. L. 11494, div. A, title II,  2001(a) Dec. 4, 2015 129 Stat. 1439 Pub. L. 11758, div. A, title II,  12001(a) Nov. 15, 2021 135 Stat. 617  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 section 77a of Title 15 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. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The Federal Credit Reform Act of 1990, referred to in subsec. (a)(20)(B), is title V of Pub. L. 93344 Pub. L. 101508, title XIII,  13201(a) Nov. 5, 1990 104 Stat. 1388609 section 621 of Title 2 Amendments 2021Subsec. (a)(10)(E). Pub. L. 11758,  12001(a)(1) Subsec. (a)(12)(E). Pub. L. 11758,  30001(b)(1) Pub. L. 11758,  12001(a)(2)(A) section 5302(3)(G)(v) of title 49 Subsec. (a)(12)(G), (H). Pub. L. 11758,  12001(a)(2)(B) 2015Subsec. (a). Pub. L. 11494,  2001(a)(1) Subsec. (a)(2)(D). Pub. L. 11494,  2001(a)(2) Subsec. (a)(3). Pub. L. 11494,  2001(a)(3) Subsec. (a)(10). Pub. L. 11494,  2001(a)(4)(A) Subsec. (a)(10)(A). Pub. L. 11494,  2001(a)(4)(B) Subsec. (a)(10)(D)(ii). Pub. L. 11494,  2001(a)(4)(C)(ii) Subsec. (a)(10)(D)(iii). Pub. L. 11494,  2001(a)(4)(C)(i) Subsec. (a)(10)(D)(iv). Pub. L. 11494,  2001(a)(4)(C)(i) Subsec. (a)(12)(E), (F). Pub. L. 11494,  2001(a)(5) Subsec. (a)(15). Pub. L. 11494,  2001(a)(6) Subsec. (a)(16) to (22). Pub. L. 11494,  2001(a)(7) 2012 Pub. L. 112141 2008Subsec. (a)(3). Pub. L. 110244 2006Subsec. (a)(10). Pub. L. 109291 section 181(11) of this title Pub. L. 10959 2005 Pub. L. 10959,  1602(d) section 181 of this title Pub. L. 10959,  1602(b)(1) Par (3). Pub. L. 10959,  1601(a)(1) Par. (7). Pub. L. 10959,  1601(a)(2) (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. 10959,  1601(a)(2) Par. (9). Pub. L. 10959,  1601(a)(2) Par. (10). Pub. L. 10959,  1601(a)(2) Pars. (11) to (15). Pub. L. 10959,  1601(a)(2) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by section 12001(a) of Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Value for Money Analysis Pub. L. 11758, div. G, title VII,  70701 Nov. 15, 2021 135 Stat. 1286  (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 (i) assistance under the TIFIA [Transportation Infrastructure Finance and Innovation Act of 1998, Pub. L. 105178 (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. 11494, div. A, title I,  1441 Dec. 4, 2015 129 Stat. 1435  (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. 105178, title I,  1502 June 9, 1998 112 Stat. 241  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. 105178, title I,  1511 June 9, 1998 112 Stat. 251 Pub. L. 107117, div. B,  1108 Jan. 10, 2002 115 Stat. 2332  (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 (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 (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 (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 (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 (2)  Interstate funds Funds contributed to an infrastructure bank from funds apportioned to a State under [former] section 104(b)(4) of title 23 (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 (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 10459 (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 (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. 10459, title III,  350 Nov. 28, 1995 109 Stat. 618  (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. 102240 23 U.S.C. 104 (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 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. 102240 23 U.S.C. 157 (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 (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 (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 September 30, 1997 (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 (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 (2)  Construction; federal-aid highway The terms construction and Federal-aid highway have the meanings such terms have under section 101 of title 23 (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  602. Determination of eligibility and project selection (a)  Eligibility. (1)  In general A project shall be eligible to receive credit assistance under the TIFIA program if (A) the entity proposing to carry out the project submits a letter of interest prior to submission of a formal application for the project; and (B) the project meets the criteria described in this subsection. (2)  Creditworthiness. (A)  In general To be eligible for assistance under the TIFIA program, a project shall satisfy applicable creditworthiness standards, which, at a minimum, shall include (i) a rate covenant, if applicable; (ii) adequate coverage requirements to ensure repayment; (iii) an investment grade rating from at least 2 rating agencies on debt senior to the Federal credit instrument; and (iv) an investment-grade rating from at least 2 rating agencies on the Federal credit instrument, subject to the condition that, with respect to clause (iii), if the total amount of the senior debt and the Federal credit instrument is less than $150,000,000, 1 rating agency opinion for each of the senior debt and Federal credit instrument shall be sufficient. (B)  Senior debt Notwithstanding subparagraph (A), in a case in which the Federal credit instrument is senior debt, the Federal credit instrument shall be required to receive an investment grade rating from at least 2 rating agencies, unless the total amount of other senior debt and the Federal credit instrument is less than $150,000,000, in which case 1 rating agency opinion shall be sufficient. (3)  Inclusion in transportation plans and programs A project shall satisfy the applicable planning and programming requirements of sections 134 and 135 at such time as an agreement to make available a Federal credit instrument is entered into under the TIFIA program. (4)  Application A State, local government, public authority, public-private partnership, or any other legal entity undertaking the project and authorized by the Secretary shall submit a project application that is acceptable to the Secretary. (5)  Eligible project cost parameters. (A)  In general Except as provided in subparagraph (B), a project under the TIFIA program shall have eligible project costs that are reasonably anticipated to equal or exceed the lesser of (i) $50,000,000; and (ii) 3313 percent of the amount of Federal highway funds apportioned for the most recently completed fiscal year to the State in which the project is located. (B)  Exceptions. (i)  Intelligent transportation systems In the case of a project principally involving the installation of an intelligent transportation system, eligible project costs shall be reasonably anticipated to equal or exceed $15,000,000. (ii)  Transit-oriented development projects In the case of a project described in section 601(a)(12)(E), eligible project costs shall be reasonably anticipated to equal or exceed $10,000,000. (iii)  Rural projects In the case of a rural infrastructure project or a project capitalizing a rural projects fund, eligible project costs shall be reasonably anticipated to equal or exceed $10,000,000, but not to exceed $100,000,000. (iv)  Local infrastructure projects Eligible project costs shall be reasonably anticipated to equal or exceed $10,000,000 in the case of a project or program of projects (I) in which the applicant is a local government, public authority, or instrumentality of local government; (II) located on a facility owned by a local government; or (III) for which the Secretary determines that a local government is substantially involved in the development of the project. (6)  Dedicated revenue sources The applicable Federal credit instrument shall be repayable, in whole or in part, from (A) tolls; (B) user fees; (C) payments owing to the obligor under a public-private partnership; or (D) other dedicated revenue sources that also secure or fund the project obligations. (7)  Public sponsorship of private entities In the case of a project that is undertaken by an entity that is not a State or local government or an agency or instrumentality of a State or local government, the project that the entity is undertaking shall be publicly sponsored as provided in paragraph (3). (8)  Applications where obligor will be identified later A State, local government, agency or instrumentality of a State or local government, or public authority may submit to the Secretary an application under paragraph (4), under which a private party to a public-private partnership will be (A) the obligor; and (B) identified later through completion of a procurement and selection of the private party. (9)  Beneficial effects The Secretary shall determine that financial assistance for the project under the TIFIA program will (A) foster, if appropriate, partnerships that attract public and private investment for the project; (B) enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs (including debt service costs) of the project; and (C) reduce the contribution of Federal grant assistance for the project. (10)  Project readiness. (A)  In general Except as provided in subparagraph (B), to be eligible for assistance under the TIFIA program, the applicant shall demonstrate a reasonable expectation that the contracting process for construction of the project can commence by no later than 90 days after the date on which a Federal credit instrument is obligated for the project under the TIFIA program. (B)  Rural projects fund In the case of a project capitalizing a rural projects fund, the State infrastructure bank shall demonstrate, not later than 2 years after the date on which a secured loan is obligated for the project under the TIFIA program, that the bank has executed a loan agreement with a borrower for a rural infrastructure project in accordance with section 610. After the demonstration is made, the bank may draw upon the secured loan. At the end of the 2-year period, to the extent the bank has not used the loan commitment, the Secretary may extend the term of the loan or withdraw the loan commitment. (11)  Public-private partnerships In the case of a project to be carried out through a public-private partnership, the public partner shall have (A) conducted a value for money analysis or similar comparative analysis; and (B) determined the appropriateness of the public-private partnership agreement. (b)  Selection Among Eligible Projects. (1)  Establishment The Secretary shall establish a rolling application process under which projects that are eligible to receive credit assistance under subsection (a) shall receive credit assistance on terms acceptable to the Secretary, if adequate funds are available to cover the subsidy costs associated with the Federal credit instrument. (2)  Master credit agreements. (A)  Program of related projects The Secretary may enter into a master credit agreement for a program of related projects secured by a common security pledge on terms acceptable to the Secretary. (B)  Adequate funding not available If the Secretary fully obligates funding to eligible projects for a fiscal year and adequate funding is not available to fund a credit instrument, a project sponsor of an eligible project may elect to enter into a master credit agreement and wait to execute a credit instrument until the fiscal year for which additional funds are available to receive credit assistance. (3)  Preliminary rating opinion letter The Secretary shall require each project applicant to provide a preliminary rating opinion letter from at least 1 rating agency (A) indicating that the senior obligations of the project, which may be the Federal credit instrument, have the potential to achieve an investment-grade rating; and (B) including a preliminary rating opinion on the Federal credit instrument. (c)  Federal Requirements. (1)  In general In addition to the requirements of this title for highway projects, the requirements of chapter 53 of title 49 for transit projects, the requirements of section 5333(a) of title 49 (A) Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d (B) The National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (C) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 (2)  NEPA No funding shall be obligated for a project that has not received an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (3)  Payment and performance security. (A)  In general The Secretary shall ensure that the design and construction of a project carried out with assistance under the TIFIA program shall have appropriate payment and performance security, regardless of whether the obligor is a State, local government, agency or instrumentality of a State or local government, public authority, or private party. (B)  Written determination If payment and performance security is required to be furnished by applicable State or local statute or regulation, the Secretary may accept such payment and performance security requirements applicable to the obligor if the Federal interest with respect to Federal funds and other project risk related to design and construction is adequately protected. (C)  No determination or applicable requirements If there are no payment and performance security requirements applicable to the obligor, the security under section 3131(b) of title 40 (d)  Application Processing Procedures. (1)  Processing timelines Except in the case of an application described in subsection (a)(8) and to the maximum extent practicable, the Secretary shall provide an applicant with a specific estimate of the timeline for the approval or disapproval of the application of the applicant, which, to the maximum extent practicable, the Secretary shall endeavor to complete by not later than 150 days after the date on which the applicant submits a letter of interest to the Secretary. (2)  Notice of complete application Not later than 30 days after the date of receipt of an application under this section, the Secretary shall provide to the applicant a written notice to inform the applicant whether (A) the application is complete; or (B) additional information or materials are needed to complete the application. (3)  Approval or denial of application Not later than 60 days after the date of issuance of the written notice under paragraph (2), the Secretary shall provide to the applicant a written notice informing the applicant whether the Secretary has approved or disapproved the application. (e)  Development Phase Activities Any credit instrument secured under the TIFIA program may be used to finance up to 100 percent of the cost of development phase activities as described in section 601(a)(2)(A). (Added Pub. L. 105178, title I,  1503(a) June 9, 1998 112 Stat. 243 Pub. L. 10959, title I Aug. 10, 2005 119 Stat. 1240 Pub. L. 112141, div. A, title II,  2002 July 6, 2012 126 Stat. 611 Pub. L. 11494, div. A, title II,  2001(b) Dec. 4, 2015 129 Stat. 1440 Pub. L. 11758, div. A, title I,  11508(d)(3) Nov. 15, 2021 135 Stat. 588  Editorial Notes  References in Text The Civil Rights Act of 1964, referred to in subsec. (c)(1)(A), is Pub. L. 88352 July 2, 1964 78 Stat. 241 section 2000a of Title 42 The National Environmental Policy Act of 1969, referred to in subsec. (c)(1)(B), (2), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (c)(1)(C), is act Jan. 2, 1971 Pub. L. 91646 84 Stat. 1894 section 4601 of Title 42 Amendments 2021Subsec. (a)(2)(A)(iv). Pub. L. 11758,  12001(b)(1) Subsec. (a)(2)(B). Pub. L. 11758,  12001(b)(2) Subsec. (a)(11). Pub. L. 11758,  11508(d)(3) Subsec. (c)(1). Pub. L. 11758,  12001(c) section 5333(a) of title 49 section 5333(a) of title 49 Subsec. (c)(3). Pub. L. 11758,  12002(a) Subsec. (d). Pub. L. 11758,  12001(d) Subsec. (e). Pub. L. 11758,  12001(g) 2015Subsec. (a)(1), (2)(A), (3). Pub. L. 11494,  2001(b)(1)(A) Subsec. (a)(5). Pub. L. 11494,  2001(b)(1)(D)(i) Eligible project cost parameters Eligible project costs Subsec. (a)(5)(A). Pub. L. 11494,  2001(b)(1)(D)(ii)(I) Subsec. (a)(5)(A)(i). Pub. L. 11494,  2001(b)(1)(D)(ii)(II) (I) $50,000,000; or (II) in the case of a rural infrastructure project, $25,000,000; and. Subsec. (a)(5)(A)(ii). Pub. L. 11494,  2001(b)(1)(D)(ii)(III) Subsec. (a)(5)(B). Pub. L. 11494,  2001(b)(1)(D)(iii) Exceptions Intelligent transportation system projects Subsec. (a)(9). Pub. L. 11494,  2001(b)(1)(E) Subsec. (a)(10). Pub. L. 11494,  2001(b)(1)(F) Subsec. (b)(2). Pub. L. 11494,  2001(b)(2) (A) the following fiscal year; and (B) the fiscal year during which additional funds are available to receive credit assistance. Subsecs. (c)(1), (e). Pub. L. 11494,  2001(b)(3) 2012 Pub. L. 112141 2005 Pub. L. 10959,  1602(d) section 182 of this title Subsec. (a). Pub. L. 10959,  1602(b)(5) Subsec. (a)(1). Pub. L. 10959,  1602(b)(5) Pub. L. 10959,  1601(b)(1) (A) shall be included in the State transportation plan required under section 135; and (B) at such time as an agreement to make available a Federal credit instrument is entered into under this subchapter, shall be included in the approved State transportation improvement program required under section 134. Subsec. (a)(2). Pub. L. 10959,  1601(b)(1) Subsec. (a)(3)(A). Pub. L. 10959,  1602(b)(5) Subsec. (a)(3)(A)(i). Pub. L. 10959,  1601(b)(2) Subsec. (a)(3)(A)(ii). Pub. L. 10959,  1601(b)(3) Subsec. (a)(3)(B). Pub. L. 10959,  1601(b)(4) Subsec. (a)(4). Pub. L. 10959,  1601(b)(5) Subsec. (b)(1). Pub. L. 10959,  1601(c)(1) Subsec. (b)(2)(A)(iii), (iv), (vi). Pub. L. 10959,  1602(b)(5) Subsec. (b)(2)(A)(viii). Pub. L. 10959,  1602(b)(2) Subsec. (b)(2)(B). Pub. L. 10959,  1601(c)(2) Subsec. (c). Pub. L. 10959,  1602(b)(5) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by section 11508(d)(3) of Pub. L. 11758 Nov. 15, 2021 section 11508(e) of Pub. L. 11758 section 106 of this title Amendment by section 12001(b)(d), (g) of Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Pub. L. 11758, div. A, title II,  12002(b) Nov. 15, 2021 135 Stat. 622 The amendments made by this section [amending this section] shall apply with respect to any agreement for credit assistance entered into on or after the date of enactment of this Act [ Nov. 15, 2021 Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  603. Secured loans (a)  In General. (1)  Agreements Subject to paragraphs (2) and (3), the Secretary may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which shall be used (A) to finance eligible project costs of any project selected under section 602; (B) to refinance interim construction financing of eligible project costs of any project selected under section 602; (C) to refinance existing Federal credit instruments for rural infrastructure projects; or (D) to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that (i) is selected under section 602; or (ii) otherwise meets the requirements of section 602. (2)  Limitation on refinancing of interim construction financing A loan under paragraph (1) shall not refinance interim construction financing under paragraph (1)(B) (A) if the maturity of such interim construction financing is later than 1 year after the substantial completion of the project; and (B) later than 1 year after the date of substantial completion of the project. (3)  Risk assessment Before entering into an agreement under this subsection, the Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate capital reserve subsidy amount for each secured loan, taking into account each rating letter provided by an agency under section 602(b)(3)(B). (b)  Terms and Limitations. (1)  In general A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate. (2)  Maximum amount. (A)  In general Except as provided in subparagraph (B), the amount of a secured loan under this section shall not exceed the lesser of 49 percent of the reasonably anticipated eligible project costs or if the secured loan does not receive an investment grade rating, the amount of the senior project obligations. (B)  Rural projects fund In the case of a project capitalizing a rural projects fund, the maximum amount of a secured loan made to a State infrastructure bank shall be determined in accordance with section 602(a)(5)(B)(iii). (3)  Payment A secured loan under this section (A) shall (i) be payable, in whole or in part, from (I) tolls; (II) user fees; (III) payments owing to the obligor under a public-private partnership; (IV) other dedicated revenue sources that also secure the senior project obligations; or (V) in the case of a secured loan for a project capitalizing a rural projects fund, any other dedicated revenue sources available to a State infrastructure bank, including repayments from loans made by the bank for rural infrastructure projects; and (ii) include a rate covenant, coverage requirement, or similar security feature supporting the project obligations; and (B) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations. (4)  Interest rate. (A)  In general Except as provided in subparagraphs (B) and (C), the interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. (B)  Rural infrastructure projects. (i)  In general The interest rate of a loan offered to a rural infrastructure project or a rural projects fund under the TIFIA program shall be at 12 of the Treasury Rate in effect on the date of execution of the loan agreement. (ii)  Application The rate described in clause (i) shall only apply to any portion of a loan the subsidy cost of which is funded by amounts set aside for rural infrastructure projects and rural project funds under section 608(a)(3)(A). (C)  Limited buydowns The interest rate of a secured loan under this section may not be lowered by more than the lower of (i) 112 percentage points (150 basis points); or (ii) the amount of the increase in the interest rate. (5)  Maturity date. (A)  In general Except as provided in subparagraphs (B) and (C), the final maturity date of the secured loan shall be the lesser of (i) 35 years after the date of substantial completion of the project; and (ii) if the useful life of the capital asset being financed is of a lesser period, the useful life of the asset. (B)  Rural projects fund In the case of a project capitalizing a rural projects fund, the final maturity date of the secured loan shall not exceed 35 years after the date on which the secured loan is obligated. (C)  Long lived assets In the case of a capital asset with an estimated life of more than 50 years, the final maturity date of the secured loan shall be the lesser of (i) 75 years after the date of substantial completion of the project; or (ii) 75 percent of the estimated useful life of the capital asset. (6)  Nonsubordination. (A)  In general Except as provided in subparagraph (B), the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. (B)  Preexisting indenture. (i)  In general The Secretary shall waive the requirement under subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if (I) the secured loan is rated in the A category or higher; (II) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues; and (III) the TIFIA program share of eligible project costs is 33 percent or less. (ii)  Limitation If the Secretary waives the nonsubordination requirement under this subparagraph (I) the maximum credit subsidy to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and (II) the obligor shall be responsible for paying the remainder of the subsidy cost, if any. (7)  Fees The Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of making a secured loan under this section. (8)  Non-federal share The proceeds of a secured loan under the TIFIA program may be used for any non-Federal share of project costs required under this title or chapter 53 of title 49, if the loan is repayable from non-Federal funds. (9)  Maximum federal involvement. (A)  In general The total Federal assistance provided for a project receiving a loan under the TIFIA program shall not exceed 80 percent of the total project cost. (B)  Rural projects fund A project capitalizing a rural projects fund shall satisfy subparagraph (A) through compliance with the Federal share requirement described in section 610(e)(3)(B). (c)  Repayment. (1)  Schedule The Secretary shall establish a repayment schedule for each secured loan under this section based on (A) the projected cash flow from project revenues and other repayment sources; and (B) the useful life of the project. (2)  Commencement Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project. (3)  Deferred payments. (A)  In general If, at any time after the date of substantial completion of the project, the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan. (B)  Interest Any payment deferred under subparagraph (A) shall (i) continue to accrue interest in accordance with subsection (b)(4) until fully repaid; and (ii) be scheduled to be amortized over the remaining term of the loan. (C)  Criteria. (i)  In general Any payment deferral under subparagraph (A) shall be contingent on the project meeting criteria established by the Secretary. (ii)  Repayment standards The criteria established pursuant to clause (i) shall include standards for reasonable assurance of repayment. (4)  Prepayment. (A)  Use of excess revenues. (i)  In general Except as provided in clause (ii), any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay the secured loan without penalty. (ii)  Certain applicants In the case of a secured loan or other secured Federal credit instrument provided after the date of enactment of the Surface Transportation Reauthorization Act of 2021, if the obligor is a governmental entity, agency, or instrumentality, the obligor shall not be required to prepay the secured loan or other secured Federal credit instrument with any excess revenues described in clause (i) if the obligor enters into an agreement to use those excess revenues only for purposes authorized under this title or title 49. (B)  Use of proceeds of refinancing The secured loan may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources. (d)  Sale of Secured Loans. (1)  In general Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms. (2)  Consent of obligor In making a sale or reoffering under paragraph (1), the Secretary may not change the original terms and conditions of the secured loan without the written consent of the obligor. (e)  Loan Guarantees. (1)  In general The Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section if the Secretary determines that the budgetary cost of the loan guarantee is substantially the same as that of a secured loan. (2)  Terms The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Secretary. (f)  Streamlined Application Process. (1)  In general Not later than 180 days after the date of enactment of the FAST Act, the Secretary shall make available an expedited application process or processes available at the request of entities seeking secured loans under the TIFIA program that use a set or sets of conventional terms established pursuant to this section. (2)  Terms In establishing the streamlined application process required by this subsection, the Secretary may include terms commonly included in prior credit agreements and allow for an expedited application period, including (A) the secured loan is in an amount of not greater than $100,000,000; (B) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge, tax increment financing, or a system-backed pledge of project revenues; and (C) repayment of the loan commences not later than 5 years after disbursement. (3)  Additional terms for expedited decisions. (A)  In general Not later than 120 days after the date of enactment of this paragraph, the Secretary shall implement an expedited decision timeline for public agency borrowers seeking secured loans that meet (i) the terms under paragraph (2); and (ii) the additional criteria described in subparagraph (B). (B)  Additional criteria The additional criteria referred to in subparagraph (A)(ii) are the following: (i) The secured loan is made on terms and conditions that substantially conform to the conventional terms and conditions established by the National Surface Transportation Innovative Finance Bureau. (ii) The secured loan is rated in the A category or higher. (iii) The TIFIA program share of eligible project costs is 33 percent or less. (iv) The applicant demonstrates a reasonable expectation that the contracting process for the project can commence by not later than 90 days after the date on which a Federal credit instrument is obligated for the project under the TIFIA program. (v) The project has received a categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (C)  Written notice The Secretary shall provide to an applicant seeking a secured loan under the expedited decision process under this paragraph a written notice informing the applicant whether the Secretary has approved or disapproved the application by not later than 180 days after the date on which the Secretary submits to the applicant a letter indicating that the National Surface Transportation Innovative Finance Bureau has commenced the creditworthiness review of the project. (Added Pub. L. 105178, title I,  1503(a) June 9, 1998 112 Stat. 245 Pub. L. 10959, title I Aug. 10, 2005 119 Stat. 1240 Pub. L. 112141, div. A, title II,  2002 July 6, 2012 126 Stat. 614 Pub. L. 11494, div. A, title II,  2001(c) Dec. 4, 2015 129 Stat. 1442 Pub. L. 11758, div. A, title II,  12001(e) Nov. 15, 2021 135 Stat. 619  Editorial Notes  References in Text The date of enactment of the Surface Transportation Reauthorization Act of 2021 and the date of enactment of this paragraph, referred to in subsecs. (c)(4)(A)(ii) and (f)(3)(A), are the date of enactment of div. A of Pub. L. 11758 Nov. 15, 2021 The date of enactment of the FAST Act, referred to in subsec. (f)(1), is the date of enactment of Pub. L. 11494 Dec. 4, 2015 The National Environmental Policy Act of 1969, referred to in subsec. (f)(3)(B)(v), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 Amendments 2021Subsec. (b)(5)(A). Pub. L. 11758,  12001(e)(1) Subsec. (b)(5)(C). Pub. L. 11758,  12001(e)(2) Subsec. (c)(4)(A). Pub. L. 11758,  12001(f) Subsec. (f)(3). Pub. L. 11758,  12001(h) 2015Subsec. (a)(2). Pub. L. 11494,  2001(c)(1) Subsec. (b)(2). Pub. L. 11494,  2001(c)(2)(A) Subsec. (b)(3)(A)(i)(V). Pub. L. 11494,  2001(c)(2)(B) Subsec. (b)(4)(B)(i). Pub. L. 11494,  2001(c)(2)(C)(i) Subsec. (b)(4)(B)(ii). Pub. L. 11494,  2001(c)(2)(C)(ii) Subsec. (b)(5). Pub. L. 11494,  2001(c)(2)(D) Subsec. (b)(8). Pub. L. 11494,  2001(c)(2)(E) Subsec. (b)(9). Pub. L. 11494,  2001(c)(2)(F) Subsec. (f). Pub. L. 11494,  2001(c)(3) 2012 Pub. L. 112141 2005 Pub. L. 10959,  1602(d) section 183 of this title Subsec. (a)(1). Pub. L. 10959,  1601(d)(1) Subsec. (a)(3). Pub. L. 10959,  1602(b)(3) Subsec. (a)(4). Pub. L. 10959,  1601(d)(2) (A) the Secretary may fund an amount of the secured loan not to exceed the capital reserve subsidy amount determined under paragraph (3) prior to the obligations receiving an investment-grade rating; and (B) the Secretary may fund the remaining portion of the secured loan only after the obligations have received an investment-grade rating by at least 1 rating agency. Subsec. (b)(2). Pub. L. 10959,  1601(d)(3)(A) Subsec. (b)(3)(A)(i). Pub. L. 10959,  1601(d)(3)(B) Subsec. (b)(4). Pub. L. 10959,  1601(d)(3)(C) Subsec. (b)(8). Pub. L. 10959,  1602(b)(5) Subsec. (c)(3) to (5). Pub. L. 10959,  1601(d)(4) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  604. Lines of credit (a)  In General (1)  Agreements Subject to paragraphs (2) through (4), the Secretary may enter into agreements to make available to 1 or more obligors lines of credit in the form of direct loans to be made by the Secretary at future dates on the occurrence of certain events for any project selected under section 602. (2)  Use of proceeds The proceeds of a line of credit made available under this section shall be available to pay debt service on project obligations issued to finance eligible project costs, extraordinary repair and replacement costs, operation and maintenance expenses, and costs associated with unexpected Federal or State environmental restrictions. (3)  Risk assessment Before entering into an agreement under this subsection, the Secretary, in consultation with the Director of the Office of Management and Budget and each rating agency providing a preliminary rating opinion letter under section 602(b)(3), shall determine an appropriate capital reserve subsidy amount for each line of credit, taking into account the rating opinion letter. (4)  Investment-grade rating requirement The funding of a line of credit under this section shall be contingent on the senior obligations of the project receiving an investment-grade rating from 2 rating agencies. (b)  Terms and Limitations (1)  In general A line of credit under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate. (2)  Maximum amounts The total amount of a line of credit under this section shall not exceed 33 percent of the reasonably anticipated eligible project costs. (3)  Draws Any draw on a line of credit under this section shall (A) represent a direct loan; and (B) be made only if net revenues from the project (including capitalized interest, but not including reasonably required financing reserves) are insufficient to pay the costs specified in subsection (a)(2). (4)  Interest rate Except as provided in subparagraphs (B) and (C) of section 603(b)(4), the interest rate on a direct loan resulting from a draw on the line of credit shall be not less than the yield on 30-year United States Treasury securities, as of the date of execution of the line of credit agreement. (5)  Security A line of credit issued under this section (A) shall (i) be payable, in whole or in part, from (I) tolls; (II) user fees; (III) payments owing to the obligor under a public-private partnership; or (IV) other dedicated revenue sources that also secure the senior project obligations; and (ii) include a rate covenant, coverage requirement, or similar security feature supporting the project obligations; and (B) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations. (6)  Period of availability The full amount of a line of credit under this section, to the extent not drawn upon, shall be available during the 10-year period beginning on the date of substantial completion of the project. (7)  Rights of third-party creditors (A)  Against federal government A third-party creditor of the obligor shall not have any right against the Federal Government with respect to any draw on a line of credit under this section. (B)  Assignment An obligor may assign a line of credit under this section to (i) 1 or more lenders; or (ii) a trustee on the behalf of such a lender. (8)  Nonsubordination (A)  In general Except as provided in subparagraph (B), a direct loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. (B)  Pre-existing indenture (i)  In general The Secretary shall waive the requirement of subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if (I) the line of credit is rated in the A category or higher; (II) the TIFIA program loan resulting from a draw on the line of credit is payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues; and (III) the TIFIA program share of eligible project costs is 33 percent or less. (ii)  Limitation If the Secretary waives the nonsubordination requirement under this subparagraph (I) the maximum credit subsidy to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and (II) the obligor shall be responsible for paying the remainder of the subsidy cost. (9)  Fees The Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of providing a line of credit under this section. (10)  Relationship to other credit instruments A project that receives a line of credit under this section also shall not receive a secured loan or loan guarantee under section 603 in an amount that, combined with the amount of the line of credit, exceeds 49 percent of eligible project costs. (c)  Repayment (1)  Terms and conditions The Secretary shall establish repayment terms and conditions for each direct loan under this section based on (A) the projected cash flow from project revenues and other repayment sources; and (B) the useful life of the asset being financed. (2)  Timing All repayments of principal or interest on a direct loan under this section shall be scheduled (A) to commence not later than 5 years after the end of the period of availability specified in subsection (b)(6); and (B) to conclude, with full repayment of principal and interest, by the date that is 25 years after the end of the period of availability specified in subsection (b)(6). (Added Pub. L. 105178, title I,  1503(a) June 9, 1998 112 Stat. 247 Pub. L. 10959, title I Aug. 10, 2005 119 Stat. 1241 Pub. L. 112141, div. A, title II,  2002 July 6, 2012 126 Stat. 617  Editorial Notes Amendments 2012 Pub. L. 112141 2005 Pub. L. 10959,  1602(d) section 184 of this title Subsec. (a)(1). Pub. L. 10959,  1602(b)(4)(A) Subsec. (a)(3). Pub. L. 10959,  1602(b)(4)(B) Subsec. (b)(2). Pub. L. 10959,  1601(e)(1)(A) (A) Total amount (B) 1- year draws Subsec. (b)(3). Pub. L. 10959,  1601(e)(1)(B) Subsec. (b)(4). Pub. L. 10959,  1601(e)(1)(C) Subsec. (b)(5)(A)(i). Pub. L. 10959,  1601(e)(1)(D) Subsec. (b)(6). Pub. L. 10959,  1601(e)(1)(E) Subsec. (b)(10). Pub. L. 10959,  1602(b)(4)(C) Subsec. (c)(2). Pub. L. 10959,  1601(e)(2)(A) Subsec. (c)(3). Pub. L. 10959,  1601(e)(2)(B) Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  605. Program administration (a)  Requirement The Secretary shall establish a uniform system to service the Federal credit instruments made available under the TIFIA program. (b)  Fees The Secretary may collect and spend fees, contingent on authority being provided in appropriations Acts, at a level that is sufficient to cover (1) the costs of services of expert firms retained pursuant to subsection (d); and (2) all or a portion of the costs to the Federal Government of servicing the Federal credit instruments. (c)  Servicer. (1)  In general The Secretary may appoint a financial entity to assist the Secretary in servicing the Federal credit instruments. (2)  Duties A servicer appointed under paragraph (1) shall act as the agent for the Secretary. (3)  Fee A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Secretary. (d)  Assistance From Expert Firms The Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments. (e)  Expedited Processing The Secretary shall implement procedures and measures to economize the time and cost involved in obtaining approval and the issuance of credit assistance under the TIFIA program. (f)  Assistance to Small Projects. (1)  Reservation of funds Of the funds made available to carry out the TIFIA program for each fiscal year, and after the set aside under section 608(a)(6), not less than $2,000,000 shall be made available for the Secretary to use in lieu of fees collected under subsection (b) for projects under the TIFIA program having eligible project costs that are reasonably anticipated not to equal or exceed $75,000,000. (2)  Release of funds Any funds not used under paragraph (1) in a fiscal year shall be made available on October 1 of the following fiscal year to provide credit assistance to any project under the TIFIA program. (Added Pub. L. 105178, title I,  1503(a) June 9, 1998 112 Stat. 249 Pub. L. 10959, title I Aug. 10, 2005 119 Stat. 1241 Pub. L. 112141, div. A, title II,  2002 July 6, 2012 126 Stat. 619 Pub. L. 11494, div. A, title II,  2001(d) Dec. 4, 2015 129 Stat. 1443 Pub. L. 11758, div. A, title II,  12001(i)(2) Nov. 15, 2021 135 Stat. 621  Editorial Notes Amendments 2021Subsec. (f)(1). Pub. L. 11758 2015Subsecs. (a), (e). Pub. L. 11494,  2001(d)(1) Subsec. (f). Pub. L. 11494,  2001(d)(2) 2012 Pub. L. 112141 2005 Pub. L. 10959,  1602(d) section 185 of this title Pub. L. 10959,  1601(f) Subsec. (a). Pub. L. 10959,  1602(b)(5) Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  606. State and local permits The provision of credit assistance under the TIFIA program with respect to a project shall not (1) relieve any recipient of the assistance of any obligation to obtain any required State or local permit or approval with respect to the project; (2) limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the project; or (3) otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the project. (Added Pub. L. 105178, title I,  1503(a) June 9, 1998 112 Stat. 249 Pub. L. 10959, title I,  1602(b)(5) Aug. 10, 2005 119 Stat. 1247 Pub. L. 112141, div. A, title II,  2002 July 6, 2012 126 Stat. 620 Pub. L. 11494, div. A, title II,  2001(e) Dec. 4, 2015 129 Stat. 1444  Editorial Notes Amendments 2015 Pub. L. 11494 2012 Pub. L. 112141 (1) relieve any recipient of the assistance of any obligation to obtain any required State or local permit or approval with respect to the project; (2) limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the project; or (3) otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the project. 2005 Pub. L. 10959,  1602(d) section 186 of this title Pub. L. 10959,  1602(b)(5) Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  607. Regulations  The Secretary may promulgate such regulations as the Secretary determines to be appropriate to carry out the TIFIA program. (Added Pub. L. 105178, title I,  1503(a) June 9, 1998 112 Stat. 249 Pub. L. 10959, title I,  1602(b)(5) Aug. 10, 2005 119 Stat. 1247 Pub. L. 112141, div. A, title II,  2002 July 6, 2012 126 Stat. 620 Pub. L. 11494, div. A, title II,  2001(f) Dec. 4, 2015 129 Stat. 1444  Editorial Notes Amendments 2015 Pub. L. 11494 2012 Pub. L. 112141 2005 Pub. L. 10959,  1602(d) section 187 of this title Pub. L. 10959,  1602(b)(5) Statutory Notes and Related Subsidiaries Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  608. Funding (a)  Funding. (1)  Spending and borrowing authority Spending and borrowing authority for a fiscal year to enter into Federal credit instruments shall be promptly apportioned to the Secretary on a fiscal-year basis. (2)  Reestimates If the subsidy cost of a Federal credit instrument is reestimated, the cost increase or decrease of the reestimate shall be borne by, or benefit, the general fund of the Treasury, consistent with section 504(f) of the Congressional Budget Act of 1974 ( 2 U.S.C. 661c(f) (3)  Rural set-aside. (A)  In general Of the total amount of funds made available to carry out the TIFIA program for each fiscal year, not more than 10 percent shall be set aside for rural infrastructure projects or rural projects funds. (B)  Reobligation Any amounts set aside under subparagraph (A) that remain unobligated by June 1 of the fiscal year for which the amounts were set aside shall be available for obligation by the Secretary on projects other than rural infrastructure projects or rural projects funds. (4)  Limitation for certain projects. (A)  Transit-oriented development projects For each fiscal year, the Secretary may use to carry out projects described in section 601(a)(12)(E) not more than 15 percent of the amounts made available to carry out the TIFIA program for that fiscal year. (B)  Airport-related projects The Secretary may use to carry out projects described in section 601(a)(12)(G) (i) for each fiscal year, not more than 15 percent of the amounts made available to carry out the TIFIA program under the Surface Transportation Reauthorization Act of 2021 for that fiscal year; and (ii) for the period of fiscal years 2022 through 2026, not more than 15 percent of the unobligated carryover balances (as of October 1, 2021 (5)  Availability Amounts made available to carry out the TIFIA program shall remain available until expended. (6)  Administrative costs Of the amounts made available to carry out the TIFIA program, the Secretary may use not more than $10,000,000 for each of fiscal years 2022 through 2026 for the administration of the TIFIA program. (b)  Contract Authority. (1)  In general Notwithstanding any other provision of law, execution of a term sheet by the Secretary of a Federal credit instrument that uses amounts made available under the TIFIA program shall impose on the United States a contractual obligation to fund the Federal credit investment. (2)  Availability Amounts made available to carry out the TIFIA program for a fiscal year shall be available for obligation on October 1 of the fiscal year. (Added and amended Pub. L. 105178, title I,  1503(a) June 9, 1998 112 Stat. 249 Pub. L. 105206, title IX,  9007(a) July 22, 1998 112 Stat. 849 Pub. L. 10888,  5(a)(10) Sept. 30, 2003 117 Stat. 1115 Pub. L. 108202,  5(a)(10) Feb. 29, 2004 118 Stat. 481 Pub. L. 108224,  4(a)(10) Apr. 30, 2004 118 Stat. 629 Pub. L. 108263,  4(a)(10) June 30, 2004 118 Stat. 700 Pub. L. 108280,  4(a)(10) July 30, 2004 118 Stat. 879 Pub. L. 108310,  5(a)(10) Sept. 30, 2004 118 Stat. 1149 Pub. L. 10914,  4(a)(10) May 31, 2005 119 Stat. 327 Pub. L. 10920,  4(a)(10) July 1, 2005 119 Stat. 348 Pub. L. 10935,  4(a)(10) July 20, 2005 119 Stat. 381 Pub. L. 10937,  4(a)(10) July 22, 2005 119 Stat. 396 Pub. L. 10940,  4(a)(10) July 28, 2005 119 Stat. 413 Pub. L. 10959, title I Aug. 10, 2005 119 Stat. 1242 Pub. L. 112141, div. A, title II,  2002 July 6, 2012 126 Stat. 620 Pub. L. 11494, div. A, title II,  2001(g) Dec. 4, 2015 129 Stat. 1444 Pub. L. 11758, div. A, title II,  12001(i)(1) Nov. 15, 2021 135 Stat. 620  Editorial Notes  References in Text The Surface Transportation Reauthorization Act of 2021, referred to in subsec. (a)(4)(B)(i), is Pub. L. 11758, div. A,  10001 Nov. 15, 2021 135 Stat. 443 section 101 of this title Amendments 2021Subsec. (a)(4), (5). Pub. L. 11758,  12001(i)(1)(A) Subsec. (a)(6). Pub. L. 11758,  12001(i)(1)(A) 2015 Pub. L. 11494,  2001(g)(1) Subsec. (a)(2). Pub. L. 11494,  2001(g)(2)(A) Subsec. (a)(3)(A), (B). Pub. L. 11494,  2001(g)(2)(B) Subsec. (a)(4). Pub. L. 11494,  2001(g)(2)(C) Subsec. (a)(5). Pub. L. 11494,  2001(g)(2)(D) Subsec. (a)(6). Pub. L. 11494,  2001(g)(2)(C) 2012 Pub. L. 112141 2005 Pub. L. 10959,  1602(d) section 188 of this title Pub. L. 10959,  1601(g) Oct. 1, 2004 July 30, 2005 Subsec. (a)(1). Pub. L. 10959,  1602(b)(5) Subsec. (a)(1)(G). Pub. L. 10940,  4(a)(10)(A) October 1, 2004 July 27, 2005 Pub. L. 10937,  4(a)(10)(A) October 1, 2004 July 21, 2005 Pub. L. 10935,  4(a)(10)(A) October 1, 2004 July 19, 2005 Pub. L. 10920,  4(a)(10)(A) October 1, 2004 June 30, 2005 Pub. L. 10914,  4(a)(10)(A) October 1, 2004 May 31, 2005 Subsec. (a)(2). Pub. L. 10940,  4(a)(10)(B) October 1, 2004 July 30, 2005 October 1, 2004 July 27, 2005 Pub. L. 10937,  4(a)(10)(B) October 1, 2004 July 27, 2005 October 1, 2004 July 21, 2005 Pub. L. 10935,  4(a)(10)(B) October 1, 2004 July 21, 2005 October 1, 2004 July 19, 2005 Pub. L. 10920,  4(a)(10)(B) October 1, 2004 July 19, 2005 October 1, 2004 June 30, 2005 Pub. L. 10914,  4(a)(10)(B) October 1, 2004 June 30, 2005 October 1, 2004 May 31, 2005 Subsec. (a)(3). Pub. L. 10959,  1602(b)(5) Subsec. (b)(1). Pub. L. 10959,  1602(b)(5) Subsec. (c). Pub. L. 10940,  4(a)(10)(C) Pub. L. 10937,  4(a)(10)(C) Pub. L. 10935,  4(a)(10)(C) Pub. L. 10920,  4(a)(10)(C) Pub. L. 10914,  4(a)(10)(C) 2004Subsec. (a)(1)(F). Pub. L. 108280,  4(a)(10)(A) October 1, 2003 July 31, 2004 Pub. L. 108263,  4(a)(10)(A) October 1, 2003 June 30, 2004 Pub. L. 108224,  4(a)(10)(A) October 1, 2003 April 30, 2004 Pub. L. 108202,  5(a)(10)(A) October 1, 2003 February 29, 2004 Subsec. (a)(1)(G). Pub. L. 108310,  5(a)(10)(A) Subsec. (a)(2). Pub. L. 108310,  5(a)(10)(B) October 1, 2004 May 31, 2005 Pub. L. 108280,  4(a)(10)(B) October 1, 2003 Pub. L. 108263,  4(a)(10)(B) October 1, 2003 July 31, 2004 October 1, 2003 June 30, 2004 Pub. L. 108224,  4(a)(10)(B) October 1, 2003 June 30, 2004 October 1, 2003 April 30, 2004 Pub. L. 108202,  5(a)(10)(B) October 1, 2003 April 30, 2004 October 1, 2003 February 29, 2004 Subsec. (c). Pub. L. 108310,  5(a)(10)(C) Pub. L. 108280,  4(a)(10)(C) Pub. L. 108263,  4(a)(10)(C) Pub. L. 108224,  4(a)(10)(C) Pub. L. 108202,  5(a)(10)(C) 2003Subsec. (a)(1)(F). Pub. L. 10888,  5(a)(10)(A) Subsec. (a)(2). Pub. L. 10888,  5(a)(10)(B) October 1, 2003 February 29, 2004 Subsec. (c). Pub. L. 10888,  5(a)(10)(C) 1998Subsec. (a)(2). Pub. L. 105178,  1503(c)(1) Pub. L. 105206,  9007(a) Subsec. (c). Pub. L. 105178,  1503(c)(2) Pub. L. 105206,  9007(a)     Maximum amount of credit:  1998 $1,200,000,000 1999 $1,200,000,000 2000 $1,800,000,000 2001 $1,800,000,000 2002 $2,300,000,000 2003 $2,300,000,000. Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 1998 Amendment Title IX of Pub. L. 105206 Pub. L. 105178 Pub. L. 105178 Pub. L. 105178 July 22, 1998 Pub. L. 105206 section 9016 of Pub. L. 105206 section 101 of this title  609. Reports to Congress (a)  In General On June 1, 2012 (1) continuing the program under the authority of the Secretary; (2) establishing a Federal corporation or federally sponsored enterprise to administer the program; or (3) phasing out the program and relying on the capital markets to fund the types of infrastructure investments assisted by the TIFIA program without Federal participation. (b)  Application Process Report. (1)  In general Not later than December 1, 2012 (2)  Inclusions. (A)  In general Each report under paragraph (1) shall include, at a minimum, a description of, with respect to each letter of interest and application included in the report (i) the date on which the letter of interest or application was received; (ii) the date on which a notification was provided to the project sponsor regarding whether the application was complete or incomplete; (iii) the date on which a revised and completed application was submitted (if applicable); (iv) the date on which a notification was provided to the project sponsor regarding whether the project was approved or disapproved; and (v) if the project was not approved, the reason for the disapproval. (B)  Correspondence Each report under paragraph (1) shall include copies of any correspondence provided to the project sponsor in accordance with section 602(d). (c)  Status Reports. (1)  In general The Secretary shall publish on the website for the TIFIA program (A) on a monthly basis, a current status report on all submitted letters of interest and applications received for assistance under the TIFIA program; and (B) on a quarterly basis, a current status report on all approved applications for assistance under the TIFIA program. (2)  Inclusions Each monthly and quarterly status report under paragraph (1) shall include, at a minimum, with respect to each project included in the status report (A) the name of the party submitting the letter of interest or application; (B) the name of the project; (C) the date on which the letter of interest or application was received; (D) the estimated project eligible costs; (E) the type of credit assistance sought; and (F) the anticipated fiscal year and quarter for closing of the credit assistance. (Added Pub. L. 105178, title I,  1503(a) June 9, 1998 112 Stat. 250 Pub. L. 10959, title I Aug. 10, 2005 119 Stat. 1242 Pub. L. 112141, div. A, title II,  2002 July 6, 2012 126 Stat. 621 Pub. L. 11494, div. A, title II,  2001(h) Dec. 4, 2015 129 Stat. 1444 Pub. L. 11758, div. A, title II,  12001(j) Nov. 15, 2021 135 Stat. 621  Editorial Notes Amendments 2021Subsec. (c). Pub. L. 11758 2015 Pub. L. 11494 2012 Pub. L. 112141 June 1, 2006 (1) by continuing the program under the authority of the Secretary; (2) by establishing a Government corporation or Government-sponsored enterprise to administer the program; or (3) by phasing out the program and relying on the capital markets to fund the types of infrastructure investments assisted by this chapter (other than section 610) without Federal participation. 2005 Pub. L. 10959,  1602(d) section 189 of this title Pub. L. 10959,  1601(h) June 1, 2006 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title  610. State infrastructure bank program (a)  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 (2)  Other forms of credit assistance The term other forms of credit 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 insure or guarantee letters of credit and credit instruments against credit risk of loss; (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. (3)  State The term State has the meaning such term has under section 401. (4)  Capitalization The term capitalization means the process used for depositing funds as initial capital into a State infrastructure bank to establish the infrastructure bank. (5)  Cooperative agreement The term cooperative agreement means written consent between a State and the Secretary which sets forth the manner in which the infrastructure bank established by the State in accordance with this section will be administered. (6)  Loan The term loan means any form of direct financial assistance from a State infrastructure bank that is required to be repaid over a period of time and that is provided to a project sponsor for all or part of the costs of the project. (7)  Guarantee The term guarantee means a contract entered into by a State infrastructure bank in which the bank agrees to take responsibility for all or a portion of a project sponsors financial obligations for a project under specified conditions. (8)  Initial assistance The term initial assistance means the first round of funds that are loaned or used for credit enhancement by a State infrastructure bank for projects eligible for assistance under this section. (9)  Leverage The term leverage means a financial structure used to increase funds in a State infrastructure bank through the issuance of debt instruments. (10)  Leveraged The term leveraged, as used with respect to a State infrastructure bank, means that the bank has total potential liabilities that exceed the capital of the bank. (11)  Rural infrastructure project The term rural infrastructure project has the meaning given the term in section 601. (12)  Rural projects fund The term rural projects fund has the meaning given the term in section 601. (b)  Cooperative Agreements Subject to the provisions of this section, the Secretary may enter into cooperative agreements with States for the establishment of State infrastructure banks for making loans and providing other forms of credit assistance to public and private entities carrying out or proposing to carry out projects eligible for assistance under this section. (c)  Interstate Compacts. (1)  In general Congress grants consent to two or more of the States, entering into a cooperative agreement under subsection (a) with the Secretary for the establishment by such States of a multistate infrastructure bank in accordance with this section, to enter into an interstate compact establishing such bank in accordance with this section. (2)  Reservation of rights The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved. (d)  Funding. (1)  Highway account Subject to subsection (j), the Secretary may permit a State entering into a cooperative agreement under this section to establish a State infrastructure bank to deposit into the highway account of the bank not to exceed (A) 10 percent of the funds apportioned to the State for each of fiscal years 2022 through 2026 under each of paragraphs (1), (2), and (5) of section 104(b); and (B) 10 percent of the funds allocated to the State for each of such fiscal years. (2)  Transit account Subject to subsection (j), the Secretary may permit a State entering into a cooperative agreement under this section to establish a State infrastructure bank, and any other recipient of Federal assistance under section 5307, 5309, or 5311 of title 49, to deposit into the transit account of the bank not to exceed 10 percent of the funds made available to the State or other recipient in each of fiscal years 2022 through 2026 for capital projects under each of such sections. (3)  Rail account Subject to subsection (j), the Secretary may permit a State entering into a cooperative agreement under this section to establish a State infrastructure bank, and any other recipient of Federal assistance under subtitle V of title 49, to deposit into the rail account of the bank funds made available to the State or other recipient in each of fiscal years 2022 through 2026 for capital projects under such subtitle. (4)  Rural projects fund Subject to subsection (j), the Secretary may permit a State entering into a cooperative agreement under this section to establish a State infrastructure bank to deposit into the rural projects fund of the bank the proceeds of a secured loan made to the bank in accordance with sections 602 and 603. (5)  Capital grants. (A)  Highway account Federal funds deposited into a highway account of a State infrastructure bank under paragraph (1) shall constitute for purposes of this section a capitalization grant for the highway account of the bank. (B)  Transit account Federal funds deposited into a transit account of a State infrastructure bank under paragraph (2) shall constitute for purposes of this section a capitalization grant for the transit account of the bank. (C)  Rail account Federal funds deposited into a rail account of a State infrastructure bank under paragraph 3 shall constitute for purposes of this section a capitalization grant for the rail account of the bank. (6)  Special rule for urbanized areas of over 200,000 Funds in a State infrastructure bank that are attributed to urbanized areas of a State with urbanized populations of over 200,000 under section 133(d)(1)(A)(i) 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. (7)  Discontinuance of funding If the Secretary determines that a State is not implementing the States infrastructure bank in accordance with a cooperative agreement entered into under subsection (b), the Secretary may prohibit the State from contributing additional Federal funds to the bank. (e)  Forms of Assistance From State Infrastructure Banks. (1)  In general A State infrastructure bank established under this section may (A) with funds deposited into the highway account, transit account, or rail account of the bank, make loans or provide other forms of credit assistance to a public or private entity to carry out a project eligible for assistance under this section; and (B) with funds deposited into the rural projects fund, make loans to a public or private entity to carry out a rural infrastructure project. (2)  Subordination of loan The amount of a loan or other form of credit assistance provided for a project described in paragraph (1) may be subordinated to any other debt financing for the project. (3)  Maximum amount of assistance A State infrastructure bank established under this section may (A) with funds deposited into the highway account, transit account, or rail account of the bank, make loans or provide other forms of credit assistance to a public or private entity in an amount up to 100 percent of the cost of carrying out a project eligible for assistance under this section; and (B) with funds deposited into the rural projects fund, make loans to a public or private entity in an amount not to exceed 80 percent of the cost of carrying out a rural infrastructure project. (4)  Initial assistance Initial assistance provided with respect to a project from Federal funds deposited into a State infrastructure bank under this section may not be made in the form of a grant. (f)  Eligible Projects Subject to subsection (e), funds in an infrastructure bank established under this section may be used only to provide assistance for projects eligible for assistance under this title and capital projects defined in section 5302 of title 49 (g)  Infrastructure Bank Requirements In order to establish an infrastructure bank under this section, the State establishing the bank shall (1) deposit in cash, at a minimum, into the highway account, the transit account, and the rail 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 deposited into such account; except that, if the deposit is into the highway account of the bank and the State has a non-Federal share under section 120(b) that is less than 25 percent, the percentage to be deposited from non-Federal sources shall be the lower percentage of such grant; (2) ensure that the bank maintains on a continuing basis an investment grade rating on its debt, or has a sufficient level of bond or debt financing instrument insurance, to maintain the viability of the bank; (3) ensure that investment income derived from funds deposited to an account of the bank are (A) credited to the account; (B) available for use in providing loans and other forms of credit 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) 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, except that any loan funded from the rural projects fund of the bank shall bear interest at or below the interest rate charged for the TIFIA loan provided to the bank under section 603; (5) 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; (6) ensure that the term for repaying any loan will not exceed 30 years after the date of the first payment on the loan; and (7) require the bank to make an annual report to the Secretary on its status no later than September 30 of each year and such other reports as the Secretary may require under guidelines issued to carry out this section. (h)  Applicability of Federal Law. (1)  In general The requirements of this title and title 49 that would otherwise apply to funds made available under this title or such title and projects assisted with those funds shall apply to (A) funds made available under this title or such title and contributed to an infrastructure bank established under this section, including the non-Federal contribution required under subsection (g); 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 this title and section 5333 of title 49 (2)  Repayments The requirements of this title and title 49 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. (i)  United States not Obligated The deposit 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. (j)  Management of Federal Funds Sections 3335 and 6503 of title 31 shall not apply to funds deposited into an infrastructure bank under this section. (k)  Program Administration For each of fiscal years 2022 through 2026, 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. (Added Pub. L. 10959, title I,  1602(a) Aug. 10, 2005 119 Stat. 1243 Pub. L. 10959, title I,  1602(d) Aug. 10, 2005 119 Stat. 1247 Pub. L. 110244, title I,  101(f) June 6, 2008 122 Stat. 1574 Pub. L. 112141, div. A, title I,  1519(c)(11) July 6, 2012 126 Stat. 577 Pub. L. 11494, div. A, title I,  1446(d)(5)(B) Dec. 4, 2015 129 Stat. 1438 Pub. L. 11494, div. A, title II,  2001(i) Dec. 4, 2015 129 Stat. 1444 Pub. L. 11758, div. A, title II,  12001(k) Nov. 15, 2021 135 Stat. 621  Editorial Notes Amendments 2021Subsec. (d)(1)(A), (2), (3). Pub. L. 11758,  12001(k)(1) Subsec. (k). Pub. L. 11758,  12001(k)(2) 2015Subsec. (a)(11), (12). Pub. L. 11494,  2001(i)(1) Subsec. (d)(1)(A). Pub. L. 11494,  2001(i)(2)(A) Subsec. (d)(1)(B). Pub. L. 11494,  1446(d)(5)(B) Pub. L. 112141, div. A, title I,  1519(c) Subsec. (d)(2), (3). Pub. L. 11494,  2001(i)(2)(B) Subsec. (d)(4) to (7). Pub. L. 11494,  2001(i)(2)(D) Subsec. (e). Pub. L. 11494,  2001(i)(3) Subsec. (g)(1). Pub. L. 11494,  2001(i)(4)(A) Subsec. (g)(4). Pub. L. 11494,  2001(i)(4)(B) Subsec. (k). Pub. L. 11494,  2001(i)(5) 2012Subsec. (d)(1)(B). Pub. L. 112141,  1519(c)(11) Pub. L. 11494,  1446(d)(5)(B) 2008 Pub. L. 110244 Pub. L. 10959,  1602(d) 2005 Pub. L. 10959 Pub. L. 110244 section 190 of this title Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 10003 of Pub. L. 11758 section 101 of this title Effective Date of 2015 Amendment Except as otherwise provided, amendment by Pub. L. 11494 Oct. 1, 2015 section 1003 of Pub. L. 11494 section 5313 of Title 5 Pub. L. 11494, div. A, title I,  1446(d) Dec. 4, 2015 129 Stat. 1438 July 6, 2012 Pub. L. 112141 Effective Date of 2012 Amendment Amendment by Pub. L. 112141 Oct. 1, 2012 section 3(a) of Pub. L. 112141 section 101 of this title Effective Date of 2008 Amendment Amendment by Pub. L. 110244 Pub. L. 10959 Aug. 10, 2005 Pub. L. 10959 Pub. L. 10959 June 6, 2008 Pub. L. 110244 section 121(b) of Pub. L. 110244 section 101 of this title  611. Asset concessions and innovative finance assistance (a)  Definitions In this section: (1)  Approved infrastructure asset The term approved infrastructure asset means (A) a project (as defined in section 601(a)); and (B) a group of projects (as defined in section 601(a)) considered together in a single asset concession or long-term lease to a concessionaire by 1 or more eligible entities. (2)  Asset concession The term asset concession means a contract between an eligible entity and a concessionaire (A) under which (i) the eligible entity agrees to enter into a concession agreement or long-term lease with the concessionaire relating to an approved infrastructure asset owned, controlled, or maintained by the eligible entity; (ii) as consideration for the agreement or lease described in clause (i), the concessionaire agrees (I) to provide to the eligible entity 1 or more asset concession payments; and (II) to maintain or exceed the condition, performance, and service level of the approved infrastructure asset, as compared to that condition, performance, and service level on the date of execution of the agreement or lease; and (iii) the eligible entity and the concessionaire agree that the costs for a fiscal year of the agreement or lease, and any project carried out under the agreement or lease, shall not be shifted to any taxpayer the annual household income of whom is less than $400,000 per year, including through taxes, user fees, tolls, or any other measure, for use of an approved infrastructure asset; and (B) the terms of which do not include any noncompete or exclusivity restriction (or any other, similar restriction) on the approval of another project. (3)  Asset concession payment The term asset concession payment means a payment that (A) is made by a concessionaire to an eligible entity for fair market value that is determined as part of the asset concession; and (B) may be (i) a payment made at the financial close of an asset concession; or (ii) a series of payments scheduled to be made for (I) a fixed period; or (II) the term of an asset concession. (4)  Concessionaire The term concessionaire means a private individual or a private or publicly chartered corporation or entity that enters into an asset concession with an eligible entity. (5)  Eligible entity. (A)  In general The term eligible entity means an entity described in subparagraph (B) that (i) owns, controls, or maintains an approved infrastructure asset; and (ii) has the legal authority to enter into a contract to transfer ownership, maintenance, operations, revenues, or other benefits and responsibilities for an approved infrastructure asset. (B)  Entities described An entity referred to in subparagraph (A) is any of the following: (i) A State. (ii) A Tribal government. (iii) A unit of local government. (iv) An agency or instrumentality of a State, Tribal government, or unit of local government. (v) A special purpose district or public authority. (b)  Establishment The Secretary shall establish a program to facilitate access to expert services for, and to provide grants to, eligible entities to enhance the technical capacity of eligible entities to facilitate and evaluate public-private partnerships in which the private sector partner could assume a greater role in project planning, development, financing, construction, maintenance, and operation, including by assisting eligible entities in entering into asset concessions. (c)  Applications To be eligible to receive 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. (d)  Eligible Activities. (1)  Technical assistance grants An eligible entity may use amounts made available from a grant under this section for technical assistance to build the organizational capacity of the eligible entity to develop, review, or enter into an asset concession, including for (A) identifying appropriate assets or projects for asset concessions; (B) soliciting and negotiating asset concessions, including hiring staff in public agencies; (C) conducting a value-for-money analysis, or a comparable analysis, to evaluate the comparative benefits of asset concessions and public debt or other procurement methods; (D) evaluating options for the structure and use of asset concession payments; (E) evaluating and publicly presenting the risks and benefits of all contract provisions for the purpose of transparency and accountability; (F) identifying best practices to protect the public interest and priorities; (G) identifying best practices for managing transportation demand and mobility along a corridor, including through provisions of the asset concession, to facilitate transportation demand management strategies along the corridor that is subject to the asset concession; and (H) integrating and coordinating pricing, data, and fare collection with other regional operators that exist or may be developed. (2)  Expert services An eligible entity seeking to leverage public and private funding in connection with the development of an early-stage approved infrastructure asset, including in the development of alternative approaches to project delivery or procurement, may use amounts made available from a grant under this section to retain the services of an expert firm to provide to the eligible entity direct project level assistance, which services may include (A) project planning, feasibility studies, revenue forecasting, economic assessments and cost-benefit analyses, public benefit studies, value-for-money analyses, business case development, lifecycle cost analyses, risk assessment, financing and funding options analyses, procurement alternatives analyses, statutory and regulatory framework analyses and other pre-procurement and pre-construction activities; (B) financial and legal planning (including the identification of statutory authorization, funding, and financing options); (C) early assessment of permitting, environmental review, and regulatory processes and costs; and (D) assistance with entering into an asset concession. (e)  Distribution. (1)  Maximum amount. (A)  Technical assistance grants The maximum amount of a technical assistance grant under subsection (d)(1) shall be $2,000,000. (B)  Expert services The maximum amount of the value of expert services retained by an eligible entity under subsection (d)(2) shall be $2,000,000. (2)  Cost sharing. (A)  In general Except as provided in subparagraph (B), the Federal share of the cost of an activity carried out under this section may be up to 100 percent. (B)  Certain projects If the amount of the grant provided to an eligible entity under this section is more than $1,000,000, the Federal share of the cost of an activity carried out using grant amounts in excess of $1,000,000 shall be 50 percent. (3)  Statewide maximum The aggregate amount made available under this section to eligible entities within a State shall not exceed, on a cumulative basis for all eligible entities within the State during any 3-year period, $4,000,000. (f)  Requirements. (1)  In general The Secretary shall ensure that, as a condition of receiving a grant under this section, for any asset concession for which the grant provides direct assistance (A) the asset concession shall not prohibit, discourage, or make it more difficult for an eligible entity to construct new infrastructure, to provide or expand transportation services, or to manage associated infrastructure in publicly beneficial ways, along a transportation corridor or in the proximity of a transportation facility that was a part of the asset concession; (B) the eligible entity shall have adopted binding rules to publish all major business terms of the proposed asset concession not later than the date that is 30 days before entering into the asset concession, to enable public review, including a certification of public interest based on the results of an assessment under subparagraph (D); (C) the asset concession shall not result in displacement, job loss, or wage reduction for the existing workforce of the eligible entity or other public entities; (D) the eligible entity or the concessionaire shall carry out a value-for-money analysis, or similar assessment, to compare the aggregate costs and benefits to the eligible entity of the asset concession against alternative options to determine whether the asset concession generates additional public benefits and serves the public interest; (E) the full amount of any asset concession payment received by the eligible entity under the asset concession, less any amount paid for transaction costs relating to the asset concession, shall be used to pay infrastructure costs of the eligible entity; and (F) the terms of the asset concession shall not result in any increase in costs under the asset concession being shifted to taxpayers the annual household income of whom is less than $400,000 per year, including through taxes, user fees, tolls, or any other measure, for use of an approved infrastructure asset. (2)  Audit Not later than 3 years after the date on which an eligible entity enters into an asset concession as a result of a grant under this section (A) the eligible entity shall hire an independent auditor to evaluate the performance of the concessionaire based on the requirements described in paragraph (1); and (B) the independent auditor shall submit to the eligible entity, and make publicly available, a report describing the results of the audit under subparagraph (A). (3)  Treatment Unless otherwise provided under paragraph (1), the Secretary shall not, as a condition of receiving a grant under this section, prohibit or otherwise prevent an eligible entity from entering into, or receiving any asset concession payment under, an asset concession for an approved infrastructure asset owned, controlled, or maintained by the eligible entity. (4)  Applicability of federal laws Nothing in this section exempts a concessionaire or an eligible entity from a compliance obligation with respect to any applicable Federal or State law that would otherwise apply to the concessionaire, the eligible entity, or an approved infrastructure asset. (g)  Funding. (1)  In general On October 1, 2021 October 1, 2025 (2)  Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation. (Added Pub. L. 11758, div. G, title X,  71001(a)(1) Nov. 15, 2021 135 Stat. 1316