II 

112TH CONGRESS 

1ST SESSION S. 1813 

To reauthorize Federal-aid highway and highway safety construction 

programs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 7, 2011 

Mrs. BOXER (for herself, Mr. INHOFE, Mr. BAUCUS, and Mr. VITTER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To reauthorize Federal-aid highway and highway safety 

construction programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Moving Ahead for Progress in the 21st Century Act’’ or 

6 the ‘‘MAP–21’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—FEDERAL-AID HIGHWAYS 


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Subtitle A—Authorizations and Programs 

Sec. 1101. Authorization of appropriations. 

Sec. 1102. Obligation ceiling. 

Sec. 1103. Definitions. 

Sec. 1104. National highway system. 

Sec. 1105. Apportionment. 

Sec. 1106. National highway performance program. 

Sec. 1107. Emergency relief. 

Sec. 1108. Transportation mobility program. 

Sec. 1109. Workforce development. 

Sec. 1110. Highway use tax evasion projects. 

Sec. 1111. National bridge and tunnel inventory and inspection standards. 

Sec. 1112. Highway safety improvement program. 

Sec. 1113. Congestion mitigation and air quality improvement program. 

Sec. 1114. Territorial and Puerto Rico highway program. 

Sec. 1115. National freight program. 

Sec. 1116. Federal lands and tribal transportation programs. 

Sec. 1117. Alaska Highway. 

Sec. 1118. Projects of national and regional significance. 

Subtitle B—Performance Management 

Sec. 1201. Metropolitan transportation planning. 

Sec. 1202. Statewide and nonmetropolitan transportation planning. 

Sec. 1203. National goals. 

Subtitle C—Acceleration of Project Delivery 

Sec. 1301. Project delivery initiative. 

Sec. 1302. Clarified eligibility for early acquisition activities prior to completion 

of NEPA review. 

Sec. 1303. Efficiencies in contracting. 

Sec. 1304. Innovative project delivery methods. 

Sec. 1305. Assistance to affected State and Federal agencies. 

Sec. 1306. Application of categorical exclusions for multimodal projects. 

Sec. 1307. State assumption of responsibilities for categorical exclusions. 

Sec. 1308. Surface transportation project delivery program. 

Sec. 1309. Categorical exclusion for projects within the right-of-way. 

Sec. 1310. Programmatic agreements and additional categorical exclusions. 

Sec. 1311. Accelerated decisionmaking in environmental reviews. 

Sec. 1312. Memoranda of agency agreements for early coordination. 

Sec. 1313. Accelerated decisionmaking. 

Sec. 1314. Environmental procedures initiative. 

Sec. 1315. Alternative relocation payment demonstration program. 

Sec. 1316. Review of Federal project and program delivery. 

Subtitle D—Highway Safety 

Sec. 1401. Jason’s Law. 

Sec. 1402. Open container requirements. 

Sec. 1403. Minimum penalties for repeat offenders for driving while intoxicated 

or driving under the influence. 

Sec. 1404. Adjustments to penalty provisions. 

Sec. 1405. Highway worker safety. 

Subtitle E—Miscellaneous 


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Sec. 1501. Program efficiencies. 

Sec. 1502. Project approval and oversight. 

Sec. 1503. Standards. 

Sec. 1504. Construction. 

Sec. 1505. Maintenance. 

Sec. 1506. Federal share payable. 

Sec. 1507. Transferability of Federal-aid highway funds. 

Sec. 1508. Special permits during periods of national emergency. 

Sec. 1509. Electric vehicle charging stations. 

Sec. 1510. HOV facilities. 

Sec. 1511. Construction equipment and vehicles. 

Sec. 1512. Use of debris from demolished bridges and overpasses. 

Sec. 1513. Extension of public transit vehicle exemption from axle weight restrictions. 

Sec. 1514. Uniform Relocation Assistance Act amendments. 

Sec. 1515. Use of youth service and conservation corps. 

Sec. 1516. Consolidation of programs; repeal of obsolete provisions. 

Sec. 1517. Rescissions. 

Sec. 1518. State autonomy for culvert pipe selection. 

TITLE II—RESEARCH AND EDUCATION 

Subtitle A—Funding 

Sec. 2101. Authorization of appropriations. 

Subtitle B—Research, Technology, and Education 

Sec. 2201. Research, technology, and education. 

Sec. 2202. Surface transportation research, development, and technology. 

Sec. 2203. Research and technology development and deployment. 

Sec. 2204. Training and education. 

Sec. 2205. State planning and research. 

Sec. 2206. International highway transportation program. 

Sec. 2207. Surface transportation environmental cooperative research program. 

Sec. 2208. National cooperative freight research. 

Sec. 2209. University transportation centers program. 

Sec. 2210. Bureau of transportation statistics. 

Sec. 2211. Administrative authority. 

Sec. 2212. Transportation research and development strategic planning. 

Subtitle C—Intelligent Transportation Systems Research 

Sec. 2301. Use of funds for ITS activities. 

Sec. 2302. Goals and purposes. 

Sec. 2303. General authorities and requirements. 

Sec. 2304. Research and development. 

Sec. 2305. National architecture and standards. 

Sec. 2306. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment. 

TITLE III—AMERICA FAST FORWARD FINANCING INNOVATION 

Sec. 3001. Short title. 

Sec. 3002. Transportation Infrastructure Finance and Innovation Act amendments. 

Sec. 3003. State infrastructure banks. 


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TITLE IV—HIGHWAY SPENDING CONTROLS 

Sec. 4001. Highway spending controls. 

1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

3 (1) DEPARTMENT.—The term ‘‘Department’’ 

4 means the Department of Transportation. 

5 (2) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Transportation. 

7 TITLE I—FEDERAL-AID 

8 HIGHWAYS 

9 Subtitle A—Authorizations and 

10 Programs 

11 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) IN GENERAL.—The following sums are author13 ized to be appropriated out of the Highway Trust Fund 

14 (other than the Mass Transit Account): 

15 (1) FEDERAL-AID HIGHWAY PROGRAM.—For 

16 the national highway performance program under 

17 section 119 of title 23, United States Code, the 

18 transportation mobility program under section 133 

19 of that title, the highway safety improvement pro20 gram under section 148 of that title, the congestion 

21 mitigation and air quality improvement program 

22 under section 149 of that title, the national freight 

23 program under section 167 of that title, and to carry 

24 out section 134 of that title— 


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1 (A) $39,143,000,000 for fiscal year 2012; 

2 and 

3 (B) $39,806,000,000 for fiscal year 2013. 

4 (2) TRANSPORTATION INFRASTRUCTURE FI5 NANCE AND INNOVATION PROGRAM.—For credit as6 sistance under the transportation infrastructure fi7 nance and innovation program under chapter 6 of 

8 title 23, United States Code, $1,000,000,000 for 

9 each of fiscal years 2012 and 2013. 

10 (3) FEDERAL LANDS AND TRIBAL TRANSPOR11 TATION PROGRAMS.— 

12 (A) TRIBAL TRANSPORTATION PRO13 GRAM.—For the tribal transportation program 

14 under section 202 of title 23, United States 

15 Code, $450,000,000 for each of fiscal years 

16 2012 and 2013. 

17 (B) FEDERAL LANDS TRANSPORTATION

18 PROGRAM.—For the Federal lands transpor19 tation program under section 203 of title 23, 

20 United States Code, $300,000,000 for each of 

21 fiscal years 2012 and 2013, of which 

22 $260,000,000 of the amount made available for 

23 each fiscal year shall be the amount for the Na24 tional Park Service and the United States Fish 

25 and Wildlife Service. 


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1 (C) FEDERAL LANDS ACCESS PROGRAM.— 

2 For the Federal lands access program under 

3 section 204 of title 23, United States Code, 

4 $250,000,000 for each of fiscal years 2012 and 

5 2013. 

6 (4) TERRITORIAL AND PUERTO RICO HIGHWAY

7 PROGRAM.—For the territorial and Puerto Rico 

8 highway program under section 165 of title 23, 

9 United States Code, $180,000,000 for each of fiscal 

10 years 2012 and 2013. 

11 (b) DISADVANTAGED BUSINESS ENTERPRISES.— 

12 (1) DEFINITIONS.—In this subsection, the fol13 lowing definitions apply: 

14 (A) SMALL BUSINESS CONCERN.— 

15 (i) IN GENERAL.—The term ‘‘small 

16 business concern’’ means a small business 

17 concern (as the term is used in section 3 

18 of the Small Business Act (15 U.S.C. 

19 632)). 

20 (ii) EXCLUSIONS.—The term ‘‘small 

21 business concern’’ does not include any 

22 concern or group of concerns controlled by 

23 the same socially and economically dis24 advantaged individual or individuals that 

25 have average annual gross receipts during 


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1 the preceding 3 fiscal years in excess of 

2 $22,410,000, as adjusted annually by the 

3 Secretary for inflation. 

4 (B) SOCIALLY AND ECONOMICALLY DIS5 ADVANTAGED INDIVIDUALS.—The term ‘‘so6 cially and economically disadvantaged individ7 uals’’ means— 

8 (i) women; and 

9 (ii) any other socially and economi10 cally disadvantaged individuals (as the 

11 term is used in section 8(d) of the Small 

12 Business Act (15 U.S.C. 637(d)) and rel13 evant subcontracting regulations promul14 gated pursuant to that Act). 

15 (2) AMOUNTS FOR SMALL BUSINESS CON16 CERNS.—Except to the extent that the Secretary de17 termines otherwise, not less than 10 percent of the 

18 amounts made available for any program under ti19 tles I, II, and III of this Act and section 403 of title 

20 23, United States Code, shall be expended through 

21 small business concerns owned and controlled by so22 cially and economically disadvantaged individuals. 

23 (3) ANNUAL LISTING OF DISADVANTAGED BUSI24 NESS ENTERPRISES.—Each State shall annually— 


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1 (A) survey and compile a list of the small 

2 business concerns referred to in paragraph (2) 

3 in the State, including the location of the small 

4 business concerns in the State; and 

5 (B) notify the Secretary, in writing, of the 

6 percentage of the small business concerns that 

7 are controlled by— 

8 (i) women; 

9 (ii) socially and economically dis10 advantaged individuals (other than 

11 women); and 

12 (iii) individuals who are women and 

13 are otherwise socially and economically dis14 advantaged individuals. 

15 (4) UNIFORM CERTIFICATION.— 

16 (A) IN GENERAL.—The Secretary shall es17 tablish minimum uniform criteria for use by 

18 State governments in certifying whether a con19 cern qualifies as a small business concern for 

20 the purpose of this subsection. 

21 (B) INCLUSIONS.—The minimum uniform 

22 criteria established under subparagraph (A) 

23 shall include, with respect to a potential small 

24 business concern— 

25 (i) on-site visits; 


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1 (ii) personal interviews with personnel; 

2 (iii) issuance or inspection of licenses; 

3 (iv) analyses of stock ownership; 

4 (v) listings of equipment; 

5 (vi) analyses of bonding capacity; 

6 (vii) listings of work completed; 

7 (viii) examination of the resumes of 

8 principal owners; 

9 (ix) analyses of financial capacity; and 

10 (x) analyses of the type of work pre11 ferred. 

12 (5) REPORTING.—The Secretary shall establish 

13 minimum requirements for use by State govern14 ments in reporting to the Secretary— 

15 (A) information concerning disadvantaged 

16 business enterprise awards, commitments, and 

17 achievements; and 

18 (B) such other information as the Sec19 retary determines to be appropriate for the 

20 proper monitoring of the disadvantaged busi21 ness enterprise program. 

22 (6) COMPLIANCE WITH COURT ORDERS.—Noth23 ing in this subsection limits the eligibility of an indi24 vidual or entity to receive funds made available 

25 under titles I, II, and III of this Act and section 403 


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1 of title 23, United States Code, if the entity or per2 son is prevented, in whole or in part, from complying 

3 with paragraph (2) because a Federal court issues a 

4 final order in which the court finds that a require5 ment or the implementation of paragraph (2) is un6 constitutional. 

7 SEC. 1102. OBLIGATION CEILING. 

8 (a) GENERAL LIMITATION.—Subject to subsection 

9 (e), and notwithstanding any other provision of law, the 

10 obligations for Federal-aid highway and highway safety 

11 construction programs shall not exceed— 

12 (1) $41,564,000,000 for fiscal year 2012; and 

13 (2) $42,227,000,000 for fiscal year 2013. 

14 (b) EXCEPTIONS.—The limitations under subsection 

15 (a) shall not apply to obligations under or for— 

16 (1) section 125 of title 23, United States Code; 

17 (2) section 147 of the Surface Transportation 

18 Assistance Act of 1978 (23 U.S.C. 144 note; 92 

19 Stat. 2714); 

20 (3) section 9 of the Federal-Aid Highway Act 

21 of 1981 (95 Stat. 1701); 

22 (4) subsections (b) and (j) of section 131 of the 

23 Surface Transportation Assistance Act of 1982 (96 

24 Stat. 2119); 


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1 (5) subsections (b) and (c) of section 149 of the 

2 Surface Transportation and Uniform Relocation As3 sistance Act of 1987 (101 Stat. 198); 

4 (6) sections 1103 through 1108 of the Inter5 modal Surface Transportation Efficiency Act of 

6 1991 (105 Stat. 2027); 

7 (7) section 157 of title 23, United States Code 

8 (as in effect on June 8, 1998); 

9 (8) section 105 of title 23, United States Code 

10 (as in effect for fiscal years 1998 through 2004, but 

11 only in an amount equal to $639,000,000 for each 

12 of those fiscal years); 

13 (9) Federal-aid highway programs for which ob14 ligation authority was made available under the 

15 Transportation Equity Act for the 21st Century 

16 (112 Stat. 107) or subsequent Acts for multiple 

17 years or to remain available until expended, but only 

18 to the extent that the obligation authority has not 

19 lapsed or been used; 

20 (10) section 105 of title 23, United States Code 

21 (but, for each of fiscal years 2005 through 2011, 

22 only in an amount equal to $639,000,000 for each 

23 of those fiscal years); 

24 (11) section 1603 of the Safe, Accountable, 

25 Flexible, Efficient Transportation Equity Act: A 


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1 Legacy for Users (119 Stat. 1248), to the extent 

2 that funds obligated in accordance with that section 

3 were not subject to a limitation on obligations at the 

4 time at which the funds were initially made available 

5 for obligation; and 

6 (12) section 119 of title 23, United States Code 

7 (but, for each of fiscal years 2012 through 2013, 

8 only in an amount equal to $639,000,000 for each 

9 of those fiscal years). 

10 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 

11 For each of fiscal years 2012 through 2013, the Sec12 retary— 

13 (1) shall not distribute obligation authority pro14 vided by subsection (a) for the fiscal year for— 

15 (A) amounts authorized for administrative 

16 expenses and programs by section 104(a) of 

17 title 23, United States Code; and 

18 (B) amounts authorized for the Bureau of 

19 Transportation Statistics; 

20 (2) shall not distribute an amount of obligation 

21 authority provided by subsection (a) that is equal to 

22 the unobligated balance of amounts made available 

23 from the Highway Trust Fund (other than the Mass 

24 Transit Account) for Federal-aid highway and high25 way safety construction programs for previous fiscal 


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1 years the funds for which are allocated by the Sec2 retary; 

3 (3) shall determine the proportion that— 

4 (A) the obligation authority provided by 

5 subsection (a) for the fiscal year, less the aggre6 gate of amounts not distributed under para7 graphs (1) and (2) of this subsection; bears to 

8 (B) the total of the sums authorized to be 

9 appropriated for the Federal-aid highway and 

10 highway safety construction programs (other 

11 than sums authorized to be appropriated for 

12 provisions of law described in paragraphs (1) 

13 through (11) of subsection (b) and sums au14 thorized to be appropriated for section 119 of 

15 title 23, United States Code, equal to the 

16 amount referred to in subsection (b)(12) for the 

17 fiscal year), less the aggregate of the amounts 

18 not distributed under paragraphs (1) and (2) of 

19 this subsection; 

20 (4) shall distribute the obligation authority pro21 vided by subsection (a), less the aggregate amounts 

22 not distributed under paragraphs (1) and (2), for 

23 each of the programs that are allocated by the Sec24 retary under this Act and title 23, United States 


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1 Code (other than to programs to which paragraph 

2 (1) applies), by multiplying— 

3 (A) the proportion determined under para4 graph (3); by 

5 (B) the amounts authorized to be appro6 priated for each such program for the fiscal 

7 year; and 

8 (5) shall distribute the obligation authority pro9 vided by subsection (a), less the aggregate amounts 

10 not distributed under paragraphs (1) and (2) and 

11 the amounts distributed under paragraph (4), for 

12 Federal-aid highway and highway safety construc13 tion programs that are apportioned by the Secretary 

14 under title 23, United States Code (other than the 

15 amounts apportioned for the national highway per16 formance program in section 119 of title 23, United 

17 States Code, that are exempt from the limitation 

18 under subsection (b)(12)) in the proportion that— 

19 (A) amounts authorized to be appropriated 

20 for the programs that are apportioned under 

21 title 23, United States Code, to each State for 

22 the fiscal year; bears to 

23 (B) the total of the amounts authorized to 

24 be appropriated for the programs that are apVerDate Mar 15 2010 00:52 Nov 08, 2011 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.IS S1813

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1 portioned under title 23, United States Code, to 

2 all States for the fiscal year. 

3 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU4 THORITY.—Notwithstanding subsection (c), the Secretary 

5 shall, after August 1 of each of fiscal years 2012 through 

6 2013— 

7 (1) revise a distribution of the obligation au8 thority made available under subsection (c) if an 

9 amount distributed cannot be obligated during that 

10 fiscal year; and 

11 (2) redistribute sufficient amounts to those 

12 States able to obligate amounts in addition to those 

13 previously distributed during that fiscal year, giving 

14 priority to those States having large unobligated bal15 ances of funds apportioned under sections 144 (as in 

16 effect on the day before the date of enactment of 

17 this Act) and 104 of title 23, United States Code. 

18 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

19 TRANSPORTATION RESEARCH PROGRAMS.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), obligation limitations imposed by sub22 section (a) shall apply to contract authority for 

23 transportation research programs carried out 

24 under— 


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1 (A) chapter 5 of title 23, United States 

2 Code; and 

3 (B) title II of this Act. 

4 (2) EXCEPTION.—Obligation authority made 

5 available under paragraph (1) shall— 

6 (A) remain available for a period of 4 fis7 cal years; and 

8 (B) be in addition to the amount of any 

9 limitation imposed on obligations for Federal10 aid highway and highway safety construction 

11 programs for future fiscal years. 

12 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

13 FUNDS.— 

14 (1) IN GENERAL.—Not later than 30 days after 

15 the date of distribution of obligation authority under 

16 subsection (c) for each of fiscal years 2012 through 

17 2013, the Secretary shall distribute to the States 

18 any funds that— 

19 (A) are authorized to be appropriated for 

20 the fiscal year for Federal-aid highway pro21 grams; and 

22 (B) the Secretary determines will not be 

23 allocated to the States, and will not be available 

24 for obligation, for the fiscal year because of the 


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1 imposition of any obligation limitation for the 

2 fiscal year. 

3 (2) RATIO.—Funds shall be distributed under 

4 paragraph (1) in the same proportion as the dis5 tribution of obligation authority under subsection 

6 (c)(5). 

7 (3) AVAILABILITY.—Funds distributed to each 

8 State under paragraph (1) shall be available for any 

9 purpose described in section 133(c) of title 23, 

10 United States Code. 

11 SEC. 1103. DEFINITIONS. 

12 (a) DEFINITIONS.—Section 101(a) of title 23, United 

13 States Code, is amended— 

14 (1) by striking paragraphs (6), (7), (9), (12), 

15 (19), (20), (24), (25), (26), (28), (38), and (39); 

16 (2) by redesignating paragraphs (2), (3), (4), 

17 (5), (8), (13), (14), (15), (16), (17), (18), (21), 

18 (22), (23), (27), (29), (30), (31), (32), (33), (34), 

19 (35), (36), and (37) as paragraphs (3), (4), (5), (6), 

20 (9), (12), (13), (14), (15), (16), (17), (18), (19), 

21 (20), (21), (22), (23), (24), (25), (26), (28), (29), 

22 (33), and (34), respectively; 

23 (3) by inserting after paragraph (1) the fol24 lowing: 


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1 ‘‘(2) ASSET MANAGEMENT.—The term ‘asset 

2 management’ means a strategic and systematic proc3 ess of operating, maintaining, and improving phys4 ical assets, with a focus on both engineering and 

5 economic analysis based upon quality information, to 

6 identify a structured sequence of maintenance, re7 pair, rehabilitation, and replacement actions that 

8 will achieve and sustain a desired state of good re9 pair over the lifecycle of the assets at minimum 

10 practicable cost.’’; 

11 (4) in paragraph (4) (as redesignated by para12 graph (2))— 

13 (A) in the matter preceding subparagraph 

14 (A), by inserting ‘‘or any project eligible for as15 sistance under this title’’ after ‘‘of a highway’’; 

16 (B) by striking subparagraph (A) and in17 serting the following: 

18 ‘‘(A) preliminary engineering, engineering, 

19 and design-related services directly relating to 

20 the construction of a highway project, including 

21 engineering, design, project development and 

22 management, construction project management 

23 and inspection, surveying, mapping (including 

24 the establishment of temporary and permanent 

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1 tions of the National Oceanic and Atmospheric 

2 Administration), and architectural-related serv3 ices;’’; 

4 (C) in subparagraph (B)— 

5 (i) by inserting ‘‘reconstruction,’’ be6 fore ‘‘resurfacing’’; and 

7 (ii) by striking ‘‘and rehabilitation’’ 

8 and inserting ‘‘rehabilitation, and preserva9 tion’’; 

10 (D) in subparagraph (E) by striking ‘‘rail11 way’’ and inserting ‘‘railway-highway’’; and 

12 (E) in subparagraph (F) by striking ‘‘ob13 stacles’’ and inserting ‘‘hazards’’. 

14 (5) in paragraph (6) (as so redesignated)— 

15 (A) by inserting ‘‘public’’ before ‘‘highway 

16 eligible’’; and 

17 (B) by inserting ‘‘functionally’’ before 

18 ‘‘classified’’; 

19 (6) by inserting after paragraph (6) (as so re20 designated) the following: 

21 ‘‘(7) FEDERAL LANDS ACCESS TRANSPOR22 TATION FACILITY.—The term ‘Federal Lands access 

23 transportation facility’ means a public highway, 

24 road, bridge, trail, or transit system that is located 

25 on, is adjacent to, or provides access to Federal 


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1 lands for which title or maintenance responsibility is 

2 vested in a State, county, town, township, tribal, 

3 municipal, or local government. 

4 ‘‘(8) FEDERAL LANDS TRANSPORTATION FACIL5 ITY.—The term ‘Federal lands transportation facil6 ity’ means a public highway, road, bridge, trail, or 

7 transit system that is located on, is adjacent to, or 

8 provides access to Federal lands for which title and 

9 maintenance responsibility is vested in the Federal 

10 Government, and that appears on the national Fed11 eral lands transportation facility inventory described 

12 in section 203(c).’’; 

13 (7) in paragraph (11)(B) by inserting ‘‘includ14 ing public roads on dams’’ after ‘‘drainage struc15 ture’’; 

16 (8) in paragraph (14) (as so redesignated)— 

17 (A) by striking ‘‘as a’’ and inserting ‘‘as 

18 an air quality’’; and 

19 (B) by inserting ‘‘air quality’’ before ‘‘at20 tainment area’’; 

21 (9) in paragraph (18) (as so redesignated) by 

22 striking ‘‘an undertaking to construct a particular 

23 portion of a highway, or if the context so implies, 

24 the particular portion of a highway so constructed or 


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1 any other undertaking’’ and inserting ‘‘any under2 taking’’; 

3 (10) in paragraph (19) (as so redesignated)— 

4 (A) by striking ‘‘the State transportation 

5 department and’’; and 

6 (B) by inserting ‘‘and the recipient’’ after 

7 ‘‘Secretary’’; 

8 (11) by striking paragraph (23) (as so redesig9 nated) and inserting the following: 

10 ‘‘(23) SAFETY IMPROVEMENT PROJECT.—The 

11 term ‘safety improvement project’ means a strategy, 

12 activity, or project on a public road that is con13 sistent with the State strategic highway safety plan 

14 and corrects or improves a roadway feature that 

15 constitutes a hazard to road users or addresses a 

16 highway safety problem.’’; 

17 (12) by inserting after paragraph (26) (as so 

18 redesignated) the following: 

19 ‘‘(27) STATE STRATEGIC HIGHWAY SAFETY

20 PLAN.—The term ‘State strategic highway safety 

21 plan’ has the same meaning given such term in sec22 tion 148(a).’’; 

23 (13) by striking paragraph (29) (as so redesig24 nated) and inserting the following: 


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1 ‘‘(29) TRANSPORTATION ENHANCEMENT ACTIV2 ITY.—The term ‘transportation enhancement activ3 ity’ means any of the following activities when car4 ried out as part of any program or project author5 ized or funded under this title, or as an independent 

6 program or project related to surface transportation: 

7 ‘‘(A) Provision of facilities for pedestrians 

8 and bicycles. 

9 ‘‘(B) Provision of safety and educational 

10 activities for pedestrians and bicyclists. 

11 ‘‘(C) Acquisition of scenic easements and 

12 scenic or historic sites. 

13 ‘‘(D) Scenic or historic highways and 

14 bridges. 

15 ‘‘(E) Vegetation management practices in 

16 transportation rights-of-way and other activities 

17 eligible under section 319. 

18 ‘‘(F) Historic preservation, rehabilitation, 

19 and operation of historic transportation build20 ings, structures, or facilities. 

21 ‘‘(G) Preservation of abandoned railway 

22 corridors, including the conversion and use of 

23 the corridors for pedestrian or bicycle trails. 

24 ‘‘(H) Inventory, control, and removal of 

25 outdoor advertising. 


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1 ‘‘(I) Archaeological planning and research. 

2 ‘‘(J) Any environmental mitigation activ3 ity, including pollution prevention and pollution 

4 abatement activities and mitigation to— 

5 ‘‘(i) to address stormwater manage6 ment, control, and water pollution preven7 tion or abatement related to highway con8 struction or due to highway runoff, includ9 ing activities described in sections 

10 133(b)(11), 328(a), and 329; or 

11 ‘‘(ii) reduce vehicle-caused wildlife 

12 mortality or to restore and maintain 

13 connectivity among terrestrial or aquatic 

14 habitats.’’; and 

15 (14) by inserting after paragraph (29) (as so 

16 redesignated) the following: 

17 ‘‘(30) TRANSPORTATION SYSTEMS MANAGE18 MENT AND OPERATIONS.— 

19 ‘‘(A) IN GENERAL.—The term ‘transpor20 tation systems management and operations’ 

21 means integrated strategies to optimize the per22 formance of existing infrastructure through the 

23 implementation of multimodal and intermodal, 

24 cross-jurisdictional systems, services, and 

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1 prove security, safety, and reliability of the 

2 transportation system. 

3 ‘‘(B) INCLUSIONS.—The term ‘transpor4 tation systems management and operations’ in5 cludes— 

6 ‘‘(i) actions such as traffic detection 

7 and surveillance, corridor management, 

8 freeway management, arterial manage9 ment, active transportation and demand 

10 management, work zone management, 

11 emergency management, traveler informa12 tion services, congestion pricing, parking 

13 management, automated enforcement, traf14 fic control, commercial vehicle operations, 

15 freight management, and coordination of 

16 highway, rail, transit, bicycle, and pedes17 trian operations; and 

18 ‘‘(ii) coordination of the implementa19 tion of regional transportation system 

20 management and operations investments 

21 (such as traffic incident management, trav22 eler information services, emergency man23 agement, roadway weather management, 

24 intelligent transportation systems, commu25 nication networks, and information sharing 


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1 systems) requiring agreements, integration, 

2 and interoperability to achieve targeted 

3 system performance, reliability, safety, and 

4 customer service levels. 

5 ‘‘(31) TRIBAL TRANSPORTATION FACILITY.— 

6 The term ‘tribal transportation facility’ means a 

7 public highway, road, bridge, trail, or transit system 

8 that is located on or provides access to tribal land 

9 and appears on the national tribal transportation fa10 cility inventory described in section 202(b)(1). 

11 ‘‘(32) TRUCK STOP ELECTRIFICATION SYS12 TEM.—The term ‘truck stop electrification system’ 

13 means a system that delivers heat, air conditioning, 

14 electricity, or communications to a heavy-duty vehi15 cle.’’. 

16 (b) SENSE OF CONGRESS.—Section 101(c) of title 

17 23, United States Code, is amended by striking ‘‘system’’ 

18 and inserting ‘‘highway’’. 

19 SEC. 1104. NATIONAL HIGHWAY SYSTEM. 

20 (a) IN GENERAL.—Section 103 of title 23, United 

21 States Code, is amended to read as follows: 

22 ‘‘§ 103. National highway system 

23 ‘‘(a) IN GENERAL.—For the purposes of this title, 

24 the Federal-aid system is the National Highway System, 

25 which includes the Interstate System. 


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1 ‘‘(b) NATIONAL HIGHWAY SYSTEM.— 

2 ‘‘(1) DESCRIPTION.—The National Highway 

3 System consists of the highway routes and connec4 tions to transportation facilities that shall— 

5 ‘‘(A) serve major population centers, inter6 national border crossings, ports, airports, public 

7 transportation facilities, and other intermodal 

8 transportation facilities and other major travel 

9 destinations; 

10 ‘‘(B) meet national defense requirements; 

11 and 

12 ‘‘(C) serve interstate and interregional 

13 travel and commerce. 

14 ‘‘(2) COMPONENTS.—The National Highway 

15 System described in paragraph (1) consists of the 

16 following: 

17 ‘‘(A) The National Highway System de18 picted on the map submitted by the Secretary 

19 of Transportation to Congress with the report 

20 entitled ‘Pulling Together: The National High21 way System and its Connections to Major Inter22 modal Terminals’ and dated May 24, 1996, and 

23 modifications approved by the Secretary before 

24 the date of enactment of the MAP–21. 


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1 ‘‘(B) Other urban and rural principal arte2 rial routes, and border crossings on those 

3 routes, that were not included on the National 

4 Highway System before the date of enactment 

5 of the MAP–21. 

6 ‘‘(C) Other connector highways (including 

7 toll facilities) that provide motor vehicle access 

8 between arterial routes on the National High9 way System and a major intermodal transpor10 tation facility that was not included on the Na11 tional Highway System before the date of en12 actment of the MAP–21. 

13 ‘‘(D) A strategic highway network that— 

14 ‘‘(i) consists of a network of highways 

15 that are important to the United States 

16 strategic defense policy, that provide de17 fense access, continuity, and emergency ca18 pabilities for the movement of personnel, 

19 materials, and equipment in both peace20 time and wartime, and that were not in21 cluded on the National Highway System 

22 before the date of enactment of the MAP– 

23 21; 

24 ‘‘(ii) may include highways on or off 

25 the Interstate System; and 


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1 ‘‘(iii) shall be designated by the Sec2 retary, in consultation with appropriate 

3 Federal agencies and the States. 

4 ‘‘(E) Major strategic highway network con5 nectors that— 

6 ‘‘(i) consist of highways that provide 

7 motor vehicle access between major mili8 tary installations and highways that are 

9 part of the strategic highway network but 

10 were not included on the National High11 way System before the date of enactment 

12 of the MAP–21; and 

13 ‘‘(ii) shall be designated by the Sec14 retary, in consultation with appropriate 

15 Federal agencies and the States. 

16 ‘‘(3) MODIFICATIONS TO NHS.— 

17 ‘‘(A) IN GENERAL.—The Secretary may 

18 make any modification, including any modifica19 tion consisting of a connector to a major inter20 modal terminal, to the National Highway Sys21 tem that is proposed by a State if the Secretary 

22 determines that the modification— 

23 ‘‘(i) meets the criteria established for 

24 the National Highway System under this 


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1 title after the date of enactment of the 

2 MAP–21; and 

3 ‘‘(ii) enhances the national transpor4 tation characteristics of the National High5 way System. 

6 ‘‘(B) COOPERATION.— 

7 ‘‘(i) IN GENERAL.—In proposing a 

8 modification under this paragraph, a State 

9 shall cooperate with local and regional offi10 cials. 

11 ‘‘(ii) URBANIZED AREAS.—In an ur12 banized area, the local officials shall act 

13 through the metropolitan planning organi14 zation designated for the area under sec15 tion 134. 

16 ‘‘(c) INTERSTATE SYSTEM.— 

17 ‘‘(1) DESCRIPTION.— 

18 ‘‘(A) IN GENERAL.—The Dwight D. Eisen19 hower National System of Interstate and De20 fense Highways within the United States (in21 cluding the District of Columbia and Puerto 

22 Rico) consists of highways designed, located, 

23 and selected in accordance with this paragraph. 

24 ‘‘(B) DESIGN.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), highways on the Inter3 state System shall be designed in accord4 ance with the standards of section 109(b). 

5 ‘‘(ii) EXCEPTION.—Highways on the 

6 Interstate System in Alaska and Puerto 

7 Rico shall be designed in accordance with 

8 such geometric and construction standards 

9 as are adequate for current and probable 

10 future traffic demands and the needs of 

11 the locality of the highway. 

12 ‘‘(C) LOCATION.—Highways on the Inter13 state System shall be located so as— 

14 ‘‘(i) to connect by routes, as direct as 

15 practicable, the principal metropolitan 

16 areas, cities, and industrial centers; 

17 ‘‘(ii) to serve the national defense; and 

18 ‘‘(iii) to the maximum extent prac19 ticable, to connect at suitable border points 

20 with routes of continental importance in 

21 Canada and Mexico. 

22 ‘‘(D) SELECTION OF ROUTES.—To the 

23 maximum extent practicable, each route of the 

24 Interstate System shall be selected by joint ac25 tion of the State transportation departments of 


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1 the State in which the route is located and the 

2 adjoining States, in cooperation with local and 

3 regional officials, and subject to the approval of 

4 the Secretary. 

5 ‘‘(2) MAXIMUM MILEAGE.—The mileage of 

6 highways on the Interstate System shall not exceed 

7 43,000 miles, exclusive of designations under para8 graph (4). 

9 ‘‘(3) MODIFICATIONS.—The Secretary may ap10 prove or require modifications to the Interstate Sys11 tem in a manner consistent with the policies and 

12 procedures established under this subsection. 

13 ‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.— 

14 ‘‘(A) ADDITIONS.—If the Secretary deter15 mines that a highway on the National Highway 

16 System meets all standards of a highway on the 

17 Interstate System and that the highway is a 

18 logical addition or connection to the Interstate 

19 System, the Secretary may, upon the affirma20 tive recommendation of the State or States in 

21 which the highway is located, designate the 

22 highway as a route on the Interstate System. 

23 ‘‘(B) DESIGNATIONS AS FUTURE INTER24 STATE SYSTEM ROUTES.— 


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1 ‘‘(i) IN GENERAL.—Subject to clauses 

2 (ii) through (vi), if the Secretary deter3 mines that a highway on the National 

4 Highway System would be a logical addi5 tion or connection to the Interstate System 

6 and would qualify for designation as a 

7 route on the Interstate System under sub8 paragraph (A) if the highway met all 

9 standards of a highway on the Interstate 

10 System, the Secretary may, upon the af11 firmative recommendation of the State or 

12 States in which the highway is located, 

13 designate the highway as a future Inter14 state System route. 

15 ‘‘(ii) WRITTEN AGREEMENT.—A des16 ignation under clause (i) shall be made 

17 only upon the written agreement of each 

18 State described in that clause that the 

19 highway will be constructed to meet all 

20 standards of a highway on the Interstate 

21 System by not later than the date that is 

22 25 years after the date of the agreement. 

23 ‘‘(iii) FAILURE TO COMPLETE CON24 STRUCTION.—If a State described in clause 

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1 struction of a highway designated under 

2 this subparagraph by the date specified in 

3 clause (ii), the Secretary shall remove the 

4 designation of the highway as a future 

5 Interstate System route. 

6 ‘‘(iv) EFFECT OF REMOVAL.—Re7 moval of the designation of a highway 

8 under clause (iii) shall not preclude the 

9 Secretary from designating the highway as 

10 a route on the Interstate System under 

11 subparagraph (A) or under any other pro12 vision of law providing for addition to the 

13 Interstate System. 

14 ‘‘(v) RETROACTIVE EFFECT.—An 

15 agreement described in clause (ii) that is 

16 entered into before August 10, 2005, shall 

17 be deemed to include the 25-year time lim18 itation described in that clause, regardless 

19 of any earlier construction completion date 

20 in the agreement. 

21 ‘‘(vi) REFERENCES.—No law, rule, 

22 regulation, map, document, or other record 

23 of the United States, or of any State or 

24 political subdivision of a State, shall refer 

25 to any highway designated as a future 


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1 Interstate System route under this sub2 paragraph, and no such highway shall be 

3 signed or marked, as a highway on the 

4 Interstate System, until such time as the 

5 highway— 

6 ‘‘(I) is constructed to the geo7 metric and construction standards for 

8 the Interstate System; and 

9 ‘‘(II) has been designated as a 

10 route on the Interstate System. 

11 ‘‘(C) FINANCIAL RESPONSIBILITY.—Except 

12 as provided in this title, the designation of a 

13 highway under this paragraph shall create no 

14 additional Federal financial responsibility with 

15 respect to the highway. 

16 ‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.— 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (B), the Interstate System shall 

19 not be considered to be a historic site under 

20 section 303 of title 49 or section 138 of this 

21 title, regardless of whether the Interstate Sys22 tem or portions or elements of the Interstate 

23 System are listed on, or eligible for listing on, 

24 the National Register of Historic Places. 


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1 ‘‘(B) INDIVIDUAL ELEMENTS.—Subject to 

2 subparagraph (C)— 

3 ‘‘(i) the Secretary shall determine, 

4 through the administrative process estab5 lished for exempting the Interstate System 

6 from section 106 of the National Historic 

7 Preservation Act (16 U.S.C. 470f), those 

8 individual elements of the Interstate Sys9 tem that possess national or exceptional 

10 historic significance (such as a historic 

11 bridge or a highly significant engineering 

12 feature); and 

13 ‘‘(ii) those elements shall be consid14 ered to be historic sites under section 303 

15 of title 49 or section 138 of this title, as 

16 applicable. 

17 ‘‘(C) CONSTRUCTION, MAINTENANCE, RES18 TORATION, AND REHABILITATION ACTIVITIES.— 

19 Subparagraph (B) does not prohibit a State 

20 from carrying out construction, maintenance, 

21 restoration, or rehabilitation activities for a por22 tion of the Interstate System referred to in sub23 paragraph (B) upon compliance with section 

24 303 of title 49 or section 138 of this title, as 


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1 applicable, and section 106 of the National His2 toric Preservation Act (16 U.S.C. 470f). 

3 ‘‘(d) OPERATION OF CONVENTIONAL COMBINATION

4 VEHICLES ON THE NATIONAL HIGHWAY SYSTEM.— 

5 ‘‘(1) DEFINITION OF CONVENTIONAL COMBINA6 TION VEHICLES.—In this subsection, the term ‘con7 ventional combination vehicles’ means— 

8 ‘‘(A) truck-tractor or semi-trailer combina9 tions with semi-trailers up to 53 feet in length 

10 and 102 inches in width; 

11 ‘‘(B) truck-tractor, semi-trailer, or trailer 

12 combinations with each semi-trailer and trailer 

13 up to 28.5 feet in length and 102 inches in 

14 width; and 

15 ‘‘(C) drive-away saddlemount combina16 tions, not to exceed 97 feet in overall length, 

17 with up to 3 truck tractors, with or without a 

18 full mount, towed by a truck tractor. 

19 ‘‘(2) NATIONAL NETWORK.—The National Net20 work designated under the Surface Transportation 

21 Assistance Act of 1982 (Public Law 97–424; 96 

22 Stat. 2119) is repealed. 

23 ‘‘(3) OPERATION OF CONVENTIONAL COMBINA24 TION VEHICLES.— 


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1 ‘‘(A) REQUIREMENT.—Conventional com2 bination vehicles shall be permitted to operate 

3 in all States on all segments of the National 

4 Highway System other than segments— 

5 ‘‘(i) that were open to traffic on the 

6 date of enactment of the MAP–21; and 

7 ‘‘(ii) on which all nonpassenger com8 mercial motor vehicles are banned on the 

9 date of enactment of the MAP–21. 

10 ‘‘(B) RESTRICTIONS.—A State may re11 quest temporary or permanent restrictions on 

12 the operation of conventional combination vehi13 cles, subject to approval by the Secretary, based 

14 on safety considerations, geometric constraints, 

15 work zones, weather, or traffic management re16 quirements of special events or emergencies. 

17 ‘‘(C) REASONABLE ACCESS.—Conventional 

18 combination vehicles shall be given reasonable 

19 access, by the most reasonable, practicable, and 

20 safe route available, subject to review by the 

21 Secretary— 

22 ‘‘(i) between the National Highway 

23 System and facilities for food, fuel, and 

24 rest within 1 mile of the National Highway 

25 System; and 


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1 ‘‘(ii) to terminal locations for the un2 loading and loading of cargo.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) ANALYSIS.—The analysis for chapter 1 of 

5 title 23, United States Code, is amended by striking 

6 the item relating to section 103 and inserting the 

7 following: 

‘‘103. National highway system.’’. 

8 (2) SECTION 113.—Section 113 of title 23, 

9 United States Code, is amended— 

10 (A) in subsection (a) by striking ‘‘the Fed11 eral-aid systems’’ and inserting ‘‘Federal-aid 

12 highways’’; and 

13 (B) in subsection (b), in the first sentence, 

14 by striking ‘‘of the Federal-aid systems’’ and 

15 inserting ‘‘Federal-aid highway’’. 

16 (3) SECTION 123.—Section 123(a) of title 23, 

17 United States Code, is amended in the first sentence 

18 by striking ‘‘Federal-aid system’’ and inserting 

19 ‘‘Federal-aid highway’’. 

20 (4) SECTION 217.—Section 217(b) of title 23, 

21 United States Code, is amended in the subsection 

22 heading by striking ‘‘NATIONAL HIGHWAY SYSTEM’’ 

23 and inserting ‘‘NATIONAL HIGHWAY PERFORMANCE

24 PROGRAM’’. 


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1 (5) SECTION 304.—Section 304 of title 23, 

2 United States Code, is amended in the first sentence 

3 by striking ‘‘the Federal-aid highway systems’’ and 

4 inserting ‘‘Federal-aid highways’’. 

5 (6) SECTION 317.—Section 317(d) of title 23, 

6 United States Code is amended by striking ‘‘system’’ 

7 and inserting ‘‘highway’’. 

8 SEC. 1105. APPORTIONMENT. 

9 (a) IN GENERAL.—Section 104 of title 23, United 

10 States Code, is amended to read as follows: 

11 ‘‘§ 104. Apportionment 

12 ‘‘(a) ADMINISTRATIVE EXPENSES.— 

13 ‘‘(1) IN GENERAL.—There are authorized to be 

14 appropriated from the Highway Trust Fund (other 

15 than the Mass Transit Account) to be made avail16 able to the Secretary for administrative expenses of 

17 the Federal Highway Administration $480,000,000 

18 for each of fiscal years 2012 and 2013. 

19 ‘‘(2) PURPOSES.—The amounts authorized to 

20 be appropriated by this subsection shall be used— 

21 ‘‘(A) to administer the provisions of law to 

22 be funded from appropriations for the Federal23 aid highway program and programs authorized 

24 under chapter 2; 


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1 ‘‘(B) to make transfers of such sums as 

2 the Secretary determines to be appropriate to 

3 the Appalachian Regional Commission for ad4 ministrative activities associated with the Appa5 lachian development highway system; and 

6 ‘‘(C) to reimburse, as appropriate, the Of7 fice of Inspector General of the Department of 

8 Transportation for the conduct of annual audits 

9 of financial statements in accordance with sec10 tion 3521 of title 31. 

11 ‘‘(3) AVAILABILITY.—The amounts made avail12 able under paragraph (1) shall remain available until 

13 expended. 

14 ‘‘(b) DIVISION OF STATE APPORTIONMENTS AMONG

15 PROGRAMS.—The Secretary shall distribute the amount 

16 apportioned to a State for a fiscal year under subsection 

17 (c) among the national highway performance program, the 

18 transportation mobility program, the highway safety im19 provement program, the congestion mitigation and air 

20 quality improvement program, and the national freight 

21 program, and to carry out section 134 as follows: 

22 ‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO23 GRAM.—For the national highway performance pro24 gram, 58 percent of the amount remaining after dis25 tributing amounts under paragraphs (4) and (6). 


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1 ‘‘(2) TRANSPORTATION MOBILITY PROGRAM.— 

2 For the transportation mobility program, 29.3 per3 cent of the amount remaining after distributing 

4 amounts under paragraphs (4) and (6). 

5 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO6 GRAM.—For the highway safety improvement pro7 gram, 7 percent of the amount remaining after dis8 tributing amounts under paragraphs (4) and (6). 

9 ‘‘(4) CONGESTION MITIGATION AND AIR QUAL10 ITY IMPROVEMENT PROGRAM.—For the congestion 

11 mitigation and air quality improvement program, an 

12 amount determined by multiplying the amount de13 termined for the State under subsection (c) by the 

14 proportion that— 

15 ‘‘(A) the amount apportioned to the State 

16 for the congestion mitigation and air quality 

17 improvement program for fiscal year 2009, plus 

18 10 percent of the amount apportioned to the 

19 State for the surface transportation program 

20 for that fiscal year; bears to 

21 ‘‘(B) the total amount of funds appor22 tioned to the State for that fiscal year for the 

23 programs referred to in section 105(a)(2) (ex24 cept for the high priority projects program re25 ferred to in section 105(a)(2)(H)), as in effect 


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1 on the day before the date of enactment of the 

2 MAP–21. 

3 ‘‘(5) NATIONAL FREIGHT PROGRAM.—For the 

4 national freight program, 5.7 percent of the amount 

5 remaining after distributing amounts under para6 graphs (4) and (6). 

7 ‘‘(6) METROPOLITAN PLANNING.—To carry out 

8 section 134, an amount determined by multiplying 

9 the amount determined for the State under sub10 section (c) by the proportion that— 

11 ‘‘(A) the amount apportioned to the State 

12 to carry out section 134 for fiscal year 2009; 

13 bears to 

14 ‘‘(B) the total amount of funds appor15 tioned to the State for that fiscal year for the 

16 programs referred to in section 105(a)(2) (ex17 cept for the high priority projects program re18 ferred to in section 105(a)(2)(H)), as in effect 

19 on the day before the date of enactment of the 

20 MAP–21. 

21 ‘‘(c) CALCULATION OF STATE AMOUNTS.— 

22 ‘‘(1) STATE SHARE.—The amount for each 

23 State of combined apportionments for the national 

24 highway performance program under section 119, 

25 the transportation mobility program under section 


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1 133, the highway safety improvement program 

2 under section 148, the congestion mitigation and air 

3 quality improvement program under section 149, the 

4 national freight program under section 167, and to 

5 carry out section 134 shall be determined as follows: 

6 ‘‘(A) INITIAL AMOUNT.—The initial 

7 amount for each State shall be determined by 

8 multiplying the total amount available for ap9 portionment by the share for each State which 

10 shall be equal to the proportion that— 

11 ‘‘(i) the amount of apportionments 

12 and allocations that the State received for 

13 fiscal years 2005 through 2009; bears to 

14 ‘‘(ii) the amount of those apportion15 ments and allocations received by all 

16 States for those fiscal years. 

17 ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The 

18 initial amounts resulting from the calculation 

19 under subparagraph (A) shall be adjusted to 

20 ensure that, for each State, the amount of com21 bined apportionments for the programs shall 

22 not be less than 95 percent of the estimated tax 

23 payments attributable to highway users in the 

24 State paid into the Highway Trust Fund (other 


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1 than the Mass Transit Account) in the most re2 cent fiscal year for which data are available. 

3 ‘‘(2) STATE APPORTIONMENT.—On October 1 

4 of each fiscal year, the Secretary shall apportion the 

5 sum authorized to be appropriated for expenditure 

6 on the national highway performance program under 

7 section 119, the transportation mobility program 

8 under section 133, the highway safety improvement 

9 program under section 148, the congestion mitiga10 tion and air quality improvement program under 

11 section 149, the national freight program under sec12 tion 167, and to carry out section 134 in accordance 

13 with paragraph (1). 

14 ‘‘(d) METROPOLITAN PLANNING.— 

15 ‘‘(1) USE OF AMOUNTS.— 

16 ‘‘(A) USE.— 

17 ‘‘(i) IN GENERAL.—Except as pro18 vided in clause (ii), the amounts appor19 tioned to a State under subsection (b)(6) 

20 shall be made available by the State to the 

21 metropolitan planning organizations re22 sponsible for carrying out section 134 in 

23 the State. 

24 ‘‘(ii) STATES RECEIVING MINIMUM AP25 PORTIONMENT.—A State that received the 


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1 minimum apportionment for use in car2 rying out section 134 for fiscal year 2009 

3 may, subject to the approval of the Sec4 retary, use the funds apportioned under 

5 subsection (b)(6) to fund transportation 

6 planning outside of urbanized areas. 

7 ‘‘(B) UNUSED FUNDS.—Any funds that 

8 are not used to carry out section 134 may be 

9 made available by a metropolitan planning or10 ganization to the State to fund activities under 

11 section 135. 

12 ‘‘(2) DISTRIBUTION OF AMOUNTS WITHIN

13 STATES.— 

14 ‘‘(A) IN GENERAL.—The distribution with15 in any State of the planning funds made avail16 able to organizations under paragraph (1) shall 

17 be in accordance with a formula that— 

18 ‘‘(i) is developed by each State and 

19 approved by the Secretary; and 

20 ‘‘(ii) takes into consideration, at a 

21 minimum, population, status of planning, 

22 attainment of air quality standards, metro23 politan area transportation needs, and 

24 other factors necessary to provide for an 

25 appropriate distribution of funds to carry 


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1 out section 134 and other applicable re2 quirements of Federal law. 

3 ‘‘(B) REIMBURSEMENT.—Not later than 

4 10 days after the date of receipt by a State of 

5 a request for reimbursement of expenditures 

6 made by a metropolitan planning organization 

7 for carrying out section 134, the State shall re8 imburse, from amounts distributed under this 

9 paragraph to the metropolitan planning organi10 zation by the State, the metropolitan planning 

11 organization for those expenditures. 

12 ‘‘(3) DETERMINATION OF POPULATION FIG13 URES.—For the purpose of determining population 

14 figures under this subsection, the Secretary shall use 

15 the latest available data from the decennial census 

16 conducted under section 141(a) of title 13, United 

17 States Code. 

18 ‘‘(e) CERTIFICATION OF APPORTIONMENTS.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall— 

20 ‘‘(A) on October 1 of each fiscal year, cer21 tify to each of the State transportation depart22 ments the amount that has been apportioned to 

23 the State under this section for the fiscal year; 

24 and 


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1 ‘‘(B) to permit the States to develop ade2 quate plans for the use of amounts apportioned 

3 under this section, advise each State of the 

4 amount that will be apportioned to the State 

5 under this section for a fiscal year not later 

6 than 90 days before the beginning of the fiscal 

7 year for which the sums to be apportioned are 

8 authorized. 

9 ‘‘(2) NOTICE TO STATES.—If the Secretary has 

10 not made an apportionment under this section for a 

11 fiscal year beginning after September 30, 1998, by 

12 not later than the date that is the twenty-first day 

13 of that fiscal year, the Secretary shall submit, by not 

14 later than that date, to the Committee on Transpor15 tation and Infrastructure of the House of Represent16 atives and the Committee on Environment and Pub17 lic Works of the Senate, a written statement of the 

18 reason for not making the apportionment in a timely 

19 manner. 

20 ‘‘(3) APPORTIONMENT CALCULATIONS.— 

21 ‘‘(A) IN GENERAL.—The calculation of of22 ficial apportionments of funds to the States 

23 under this title is a primary responsibility of 

24 the Department and shall be carried out only 


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1 by employees (and not contractors) of the De2 partment. 

3 ‘‘(B) PROHIBITION ON USE OF FUNDS TO

4 HIRE CONTRACTORS.—None of the funds made 

5 available under this title shall be used to hire 

6 contractors to calculate the apportionments of 

7 funds to States. 

8 ‘‘(f) TRANSFER OF HIGHWAY AND TRANSIT

9 FUNDS.— 

10 ‘‘(1) TRANSFER OF HIGHWAY FUNDS FOR

11 TRANSIT PROJECTS.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), amounts made available for transit 

14 projects or transportation planning under this 

15 title may be transferred to and administered by 

16 the Secretary in accordance with chapter 53 of 

17 title 49. 

18 ‘‘(B) NON-FEDERAL SHARE.—The provi19 sions of this title relating to the non-Federal 

20 share shall apply to the amounts transferred 

21 under subparagraph (A). 

22 ‘‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGH23 WAY PROJECTS.— 

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B), amounts made available for highway 


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1 projects or transportation planning under chap2 ter 53 of title 49 may be transferred to and ad3 ministered by the Secretary in accordance with 

4 this title. 

5 ‘‘(B) NON-FEDERAL SHARE.—The provi6 sions of chapter 53 of title 49 relating to the 

7 non-Federal share shall apply to amounts trans8 ferred under subparagraph (A). 

9 ‘‘(3) TRANSFER OF FUNDS AMONG STATES OR

10 TO FEDERAL HIGHWAY ADMINISTRATION.— 

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B), the Secretary may, at the request of 

13 a State, transfer amounts apportioned or allo14 cated under this title to the State to another 

15 State, or to the Federal Highway Administra16 tion, for the purpose of funding 1 or more 

17 projects that are eligible for assistance with 

18 amounts so apportioned or allocated. 

19 ‘‘(B) APPORTIONMENT.—The transfer 

20 shall have no effect on any apportionment of 

21 amounts to a State under this section. 

22 ‘‘(C) FUNDS SUBALLOCATED TO URBAN23 IZED AREAS.—Amounts that are apportioned or 

24 allocated to a State under subsection (b)(3) (as 

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1 ment of the MAP–21) or subsection (b)(2) and 

2 attributed to an urbanized area of a State with 

3 a population of more than 200,000 individuals 

4 under section 133(d) may be transferred under 

5 this paragraph only if the metropolitan plan6 ning organization designated for the area con7 curs, in writing, with the transfer request. 

8 ‘‘(4) TRANSFER OF OBLIGATION AUTHORITY.— 

9 Obligation authority for amounts transferred under 

10 this subsection shall be transferred in the same 

11 manner and amount as the amounts for the projects 

12 that are transferred under this subsection.’’. 

13 (b) CONFORMING AMENDMENT.—Section 146(a) of 

14 title 23, United States Code, is amended by striking ‘‘sec15 tions 104(b)(l) and 104(b)(3)’’ and inserting ‘‘section 

16 104(b)(2)’’. 

17 SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

18 (a) IN GENERAL.—Section 119 of title 23, United 

19 States Code, is amended to read as follows: 

20 ‘‘§ 119. National highway performance program 

21 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab22 lish and implement a national highway performance pro23 gram under this section. 

24 ‘‘(b) PURPOSES.—The purposes of the national high25 way performance program shall be— 


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1 ‘‘(1) to provide support for the condition and 

2 performance of the National Highway System; and 

3 ‘‘(2) to ensure that investments of Federal-aid 

4 funds in highway infrastructure are directed to 

5 achievement of established national performance 

6 goals for infrastructure condition and performance. 

7 ‘‘(c) ELIGIBLE FACILITIES.—Except as provided in 

8 subsection (d), to be eligible for funding apportioned 

9 under section 104(b)(1) to carry out this section, a facility 

10 shall be located on the National Highway System, as de11 fined in section 103. 

12 ‘‘(d) ELIGIBLE PROJECTS.—Funds apportioned to a 

13 State to carry out the national highway performance pro14 gram may be obligated only for a project on an eligible 

15 facility that is— 

16 ‘‘(1) a project, or is part of a program of 

17 projects, supporting progress toward the achieve18 ment of national performance goals for improving 

19 infrastructure condition, safety, mobility, or freight 

20 movement on the National Highway System and 

21 consistent with sections 134 and 135; and 

22 ‘‘(2) for 1 or more of the following purposes: 

23 ‘‘(A) Construction, reconstruction, resur24 facing, restoration, rehabilitation, preservation, 


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1 or operational improvement of segments of the 

2 National Highway System. 

3 ‘‘(B) Construction, replacement (including 

4 replacement with fill material), rehabilitation, 

5 preservation, and protection (including scour 

6 countermeasures, seismic retrofits, impact pro7 tection measures, security countermeasures, 

8 and protection against extreme events) of 

9 bridges on the National Highway System. 

10 ‘‘(C) Construction, replacement (including 

11 replacement with fill material), rehabilitation, 

12 preservation, and protection (including impact 

13 protection measures, security countermeasures, 

14 and protection against extreme events) of tun15 nels on the National Highway System. 

16 ‘‘(D) Inspection and evaluation, as de17 scribed in section 144, of bridges and tunnels 

18 on the National Highway System, and inspec19 tion and evaluation of other highway infrastruc20 ture assets on the National Highway System, 

21 including signs and sign structures, earth re22 taining walls, and drainage structures. 

23 ‘‘(E) Training of bridge and tunnel inspec24 tors, as described in section 144. 


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1 ‘‘(F) Construction, rehabilitation, or re2 placement of existing ferry boats and ferry boat 

3 facilities, including approaches, that connect 

4 road segments of the National Highway Sys5 tem. 

6 ‘‘(G) Construction, reconstruction, resur7 facing, restoration, rehabilitation, and preserva8 tion of, and operational improvements for, a 

9 Federal-aid highway not on the National High10 way System, and construction of a transit 

11 project eligible for assistance under chapter 53 

12 of title 49, if— 

13 ‘‘(i) the highway project or transit 

14 project is in the same corridor as, and in 

15 proximity to, a fully access-controlled high16 way designated as a part of the National 

17 Highway System; 

18 ‘‘(ii) the construction or improvements 

19 will enhance the level of service on the fully 

20 access-controlled highway described in 

21 clause (i) and improve regional traffic flow; 

22 and 

23 ‘‘(iii) the construction or improve24 ments are more cost-effective, as deter25 mined by benefit-cost analysis, than an imVerDate Mar 15 2010 00:52 Nov 08, 2011 Jkt 099200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.IS S1813

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1 provement to the fully access-controlled 

2 highway described in clause (i). 

3 ‘‘(H) Bicycle transportation and pedestrian 

4 walkways in accordance with section 217. 

5 ‘‘(I) Highway safety improvements for seg6 ments of the National Highway System. 

7 ‘‘(J) Capital and operating costs for traffic 

8 and traveler information monitoring, manage9 ment, and control facilities and programs. 

10 ‘‘(K) Development and implementation of 

11 a State asset management plan for the National 

12 Highway System in accordance with this sec13 tion, including data collection, maintenance, 

14 and integration and the cost associated with ob15 taining, updating, and licensing software and 

16 equipment required for risk-based asset man17 agement and performance-based management. 

18 ‘‘(L) Infrastructure-based intelligent trans19 portation systems capital improvements. 

20 ‘‘(M) Environmental restoration and pollu21 tion abatement in accordance with section 328. 

22 ‘‘(N) Control of noxious weeds and aquatic 

23 noxious weeds and establishment of native spe24 cies in accordance with section 329. 


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1 ‘‘(O) In accordance with all applicable 

2 Federal law (including regulations), participa3 tion in natural habitat and wetlands mitigation 

4 efforts relating to projects funded under this 

5 title, which may include participation in natural 

6 habitat and wetlands mitigation banks, con7 tributions to statewide and regional efforts to 

8 conserve, restore, enhance, and create natural 

9 habitats and wetlands, and development of 

10 statewide and regional natural habitat and wet11 lands conservation and mitigation plans, includ12 ing any such banks, efforts, and plans devel13 oped in accordance with applicable Federal law 

14 (including regulations), on the conditions 

15 that— 

16 ‘‘(i) contributions to those mitigation 

17 efforts may— 

18 ‘‘(I) take place concurrent with 

19 or in advance of project construction; 

20 and 

21 ‘‘(II) occur in advance of project 

22 construction only if the efforts are 

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1 lations) and State transportation 

2 planning processes; and 

3 ‘‘(ii) with respect to participation in a 

4 natural habitat or wetland mitigation ef5 fort relating to a project funded under this 

6 title that has an impact that occurs within 

7 the service area of a mitigation bank, pref8 erence is given, to the maximum extent 

9 practicable, to the use of the mitigation 

10 bank if the bank contains sufficient avail11 able credits to offset the impact and the 

12 bank is approved in accordance with appli13 cable Federal law (including regulations). 

14 ‘‘(e) LIMITATION ON NEW CAPACITY.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), the maximum amount that a State may 

17 obligate under this section for projects under sub18 section (d)(2)(G) and that is attributable to the por19 tion of the cost of any project undertaken to expand 

20 the capacity of eligible facilities on the National 

21 Highway System, in a case in which the new capac22 ity consists of 1 or more new travel lanes that are 

23 not high-occupancy vehicle lanes, shall not, in total, 

24 exceed 40 percent of the combined apportionments 


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1 of a State under section 104(b)(1) for the most re2 cent 3 consecutive fiscal years. 

3 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

4 apply to a project for the construction of auxiliary 

5 lanes or widening of a bridge during rehabilitation 

6 or replacement to meet current geometric, construc7 tion, and structural standards for the types and vol8 umes of projected traffic over the design life of the 

9 project. 

10 ‘‘(f) STATE PERFORMANCE MANAGEMENT.— 

11 ‘‘(1) IN GENERAL.—A State shall develop a 

12 risk-based asset management plan for the National 

13 Highway System based on a process defined by the 

14 Secretary to guide effective investment decisions to 

15 improve or preserve asset condition and system per16 formance. 

17 ‘‘(2) PERFORMANCE DRIVEN PLAN.—A State 

18 asset management plan shall include strategies lead19 ing to a program of projects that would make 

20 progress toward achievement of the State targets for 

21 asset condition and performance of the National 

22 Highway System in accordance with paragraph (5) 

23 and, to the maximum extent practicable, reflect the 

24 national goals identified in section 150. 


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1 ‘‘(3) PLAN CONTENTS.—A State asset manage2 ment plan shall, at a minimum, be in a form that 

3 the Secretary determines to be appropriate and in4 clude— 

5 ‘‘(A) a summary listing of the highway in6 frastructure assets on the National Highway 

7 System in the State, including a description of 

8 the condition of those assets; 

9 ‘‘(B) asset management objectives and 

10 measures; 

11 ‘‘(C) performance gap identification; 

12 ‘‘(D) lifecycle cost and risk management 

13 analysis; 

14 ‘‘(E) a financial plan; and 

15 ‘‘(F) investment strategies. 

16 ‘‘(4) STANDARDS AND MEASURES.—Not later 

17 than 18 months after the date of enactment of the 

18 MAP–21, the Secretary shall, by regulation and in 

19 consultation with State departments of transpor20 tation and other stakeholders, establish— 

21 ‘‘(A) minimum standards for States to use 

22 in developing and operating pavement manage23 ment systems and bridge management systems; 

24 ‘‘(B) measures for States to use to as25 sess— 


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1 ‘‘(i) the condition of pavements on the 

2 Interstate system; 

3 ‘‘(ii) the condition of pavements on 

4 the National Highway System (excluding 

5 the Interstate); 

6 ‘‘(iii) the condition of bridges on the 

7 National Highway System; 

8 ‘‘(iv) the performance of the Inter9 state System; and 

10 ‘‘(v) the performance of the National 

11 Highway System (excluding the Interstate 

12 System); 

13 ‘‘(C) the data elements that are necessary 

14 to collect and maintain data, and a standard15 ized process for collection and sharing of data 

16 with appropriate governmental entities at the 

17 Federal, State, and local levels (including met18 ropolitan planning organizations), to carry out 

19 paragraph (5); and 

20 ‘‘(D) minimum levels for— 

21 ‘‘(i) the condition of pavement on the 

22 Interstate System; and 

23 ‘‘(ii) the condition of bridges on the 

24 National Highway System. 

25 ‘‘(5) STATE PERFORMANCE TARGETS.— 


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1 ‘‘(A) ESTABLISHMENT OF TARGETS.—Not 

2 later than 1 year after the date on which the 

3 Secretary promulgates regulations under para4 graph (4), each State, in consultation with met5 ropolitan planning organizations, shall establish 

6 targets that address each of the performance 

7 measures identified in paragraph (4)(B). 

8 ‘‘(B) PERIODIC UPDATES.—Each State 

9 shall periodically update the targets established 

10 under subparagraph (A). 

11 ‘‘(6) REQUIREMENT FOR PLAN.—To obligate 

12 funding apportioned under section 104(b)(1), each 

13 State shall have in effect— 

14 ‘‘(A) a risk-based asset management plan 

15 for the National Highway System in accordance 

16 with this section, developed through a process 

17 defined and approved by the Secretary; and 

18 ‘‘(B) State targets that address the per19 formance measures identified in paragraph 

20 (4)(B). 

21 ‘‘(7) CERTIFICATION OF PLAN DEVELOPMENT

22 PROCESS.— 

23 ‘‘(A) IN GENERAL.—Not later than 90 

24 days after the date on which a State submits a 

25 request for approval of the process used by the 


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1 State to develop the State asset management 

2 plan for the National Highway System, the Sec3 retary shall— 

4 ‘‘(i) review the process; and 

5 ‘‘(ii)(I) certify that the process meets 

6 the requirements established by the Sec7 retary; or 

8 ‘‘(II) deny certification and specify ac9 tions necessary for the State to take to 

10 correct deficiencies in the State process. 

11 ‘‘(B) RECERTIFICATION.—Not less often 

12 than every 4 years, the Secretary shall review 

13 and recertify that the process used by a State 

14 to develop and maintain the State asset man15 agement plan for the National Highway System 

16 meets the requirements for the process, as es17 tablished by the Secretary. 

18 ‘‘(8) PERFORMANCE REPORTS.— 

19 ‘‘(A) IN GENERAL.—Not later than 4 years 

20 after the date of enactment of the MAP–21 and 

21 biennially thereafter, a State shall submit to the 

22 Secretary a report that describes— 

23 ‘‘(i) the condition and performance of 

24 the National Highway System in the State; 


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1 ‘‘(ii) progress in achieving State tar2 gets for each of the performance measures 

3 for the National Highway System; and 

4 ‘‘(iii) the effectiveness of the invest5 ment strategy documented in the State 

6 asset management plan for the National 

7 Highway System. 

8 ‘‘(B) FAILURE TO ACHIEVE TARGETS.—A 

9 State that does not achieve or make significant 

10 progress toward achieving the targets of the 

11 State for performance measures described in 

12 subparagraph (A)(ii) for 2 consecutive reports 

13 submitted under this paragraph shall include in 

14 the next report submitted a description of the 

15 actions the State will undertake to achieve the 

16 targets. 

17 ‘‘(g) INTERSTATE SYSTEM AND NHS BRIDGE CON18 DITIONS.— 

19 ‘‘(1) CONDITION OF INTERSTATE SYSTEM.— 

20 ‘‘(A) PENALTY.—If, during 2 consecutive 

21 reporting periods, the condition of the Inter22 state System in a State falls below the min23 imum condition level established by the Sec24 retary under subsection (f)(4)(D), the State 


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1 shall be required, during the following fiscal 

2 year— 

3 ‘‘(i) to obligate, from the amounts ap4 portioned to the State under section 

5 104(b)(1), an amount that is not less than 

6 the amount of funds apportioned to the 

7 State for fiscal year 2009 under the Inter8 state maintenance program for the pur9 poses described in this section (as in effect 

10 on the day before the date of enactment of 

11 the MAP–21), except that the amount re12 served under this clause shall be increased 

13 by 2 percent over the amount reserved in 

14 the previous fiscal year for each year after 

15 fiscal year 2013; and 

16 ‘‘(ii) to transfer, from the amounts 

17 apportioned to the State under section 

18 104(b)(2) to the apportionment of the 

19 State under section 104(b)(1), an amount 

20 equal to 10 percent of the amount of funds 

21 apportioned to the State for fiscal year 

22 2009 under the Interstate maintenance 

23 program for the purposes described in this 

24 section (as in effect on the day before the 

25 date of enactment of the MAP–21). 


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1 ‘‘(B) RESTORATION.—The obligation re2 quirement for the Interstate System in a State 

3 required by subparagraph (A) for a fiscal year 

4 shall remain in effect for each subsequent fiscal 

5 year until such time as the condition of the 

6 Interstate System in the State exceeds the min7 imum condition level established by the Sec8 retary. 

9 ‘‘(2) CONDITION OF NHS BRIDGES.— 

10 ‘‘(A) PENALTY.—If, during 2 consecutive 

11 reporting periods, the condition of bridges on 

12 the National Highway System in a State falls 

13 below the minimum condition level established 

14 by the Secretary under subsection (f)(4)(D), the 

15 State shall be required, during the following fis16 cal year— 

17 ‘‘(i) to obligate, from the amounts ap18 portioned to the State under section 

19 104(b)(1), an amount for bridges on the 

20 National Highway System that is not less 

21 than 50 percent of the amount of funds 

22 apportioned to the State for fiscal year 

23 2009 under the highway bridge program 

24 for the purposes described in section 144 

25 (as in effect on the day before the date of 


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1 enactment of the MAP–21), except that 

2 the amount reserved under this clause 

3 shall be increased by 2 percent over the 

4 amount reserved in the previous fiscal year 

5 for each year after fiscal year 2013; and 

6 ‘‘(ii) to transfer, from the amounts 

7 apportioned to the State under section 

8 104(b)(2) to the apportionment of the 

9 State under section 104(b)(1), an amount 

10 equal to 10 percent of the amount of funds 

11 apportioned to the State for fiscal year 

12 2009 under the highway bridge program 

13 for the purposes described in section 144 

14 (as in effect on the day before the date of 

15 enactment of the MAP–21). 

16 ‘‘(B) RESTORATION.—The obligation re17 quirement for bridges on the National Highway 

18 System in a State required by subparagraph 

19 (A) for a fiscal year shall remain in effect for 

20 each subsequent fiscal year until such time as 

21 the condition of bridges on the National High22 way System in the State exceeds the minimum 

23 condition level established by the Secretary.’’. 

24 (b) TRANSITION PERIOD.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), until such date as a State has in effect 

3 an approved asset management plan and has estab4 lished performance targets as described in section 

5 119 of title 23, United States Code, that will con6 tribute to achieving the national goals for the condi7 tion and performance of the National Highway Sys8 tem, but not later than 15 months after the date on 

9 which the Secretary promulgates regulations re10 quired under section 119(f)(4) of that title, the Sec11 retary shall approve obligations of funds apportioned 

12 to a State to carry out the national highway per13 formance program under section 119 of that title, 

14 for projects that otherwise meet the requirements of 

15 that section. 

16 (2) EXTENSION.—The Secretary may extend 

17 the transition period for a State under paragraph 

18 (1) if the Secretary determines that the State has 

19 made a good faith effort to establish an asset man20 agement plan and performance targets referred to in 

21 that paragraph. 

22 (c) CONFORMING AMENDMENT.—The analysis for 

23 chapter 1 of title 23, United States Code, is amended by 

24 striking the item relating to section 119 and inserting the 

25 following: 

‘‘119. National highway performance program.’’. 


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1 SEC. 1107. EMERGENCY RELIEF. 

2 Section 125 of title 23, United States Code, is 

3 amended to read as follows: 

4 ‘‘§ 125. Emergency relief 

5 ‘‘(a) IN GENERAL.—Subject to this section and sec6 tion 120, an emergency fund is authorized for expenditure 

7 by the Secretary for the repair or reconstruction of high8 ways, roads, and trails, in any area of the United States, 

9 including Indian reservations, that the Secretary finds 

10 have suffered serious damage as a result of— 

11 ‘‘(1) a natural disaster over a wide area, such 

12 as by a flood, hurricane, tidal wave, earthquake, se13 vere storm, or landslide; or 

14 ‘‘(2) catastrophic failure from any external 

15 cause. 

16 ‘‘(b) RESTRICTION ON ELIGIBILITY.— 

17 ‘‘(1) DEFINITION OF CONSTRUCTION PHASE.— 

18 In this subsection, the term ‘construction phase’ 

19 means the phase of physical construction of a high20 way or bridge facility that is separate from any 

21 other identified phases, such as planning, design, or 

22 right-of-way phases, in the State transportation im23 provement program. 

24 ‘‘(2) RESTRICTION.—In no case shall funds be 

25 used under this section for the repair or reconstruc26 tion of a bridge— 


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1 ‘‘(A) that has been permanently closed to 

2 all vehicular traffic by the State or responsible 

3 local official because of imminent danger of col4 lapse due to a structural deficiency or physical 

5 deterioration; or 

6 ‘‘(B) if a construction phase of a replace7 ment structure is included in the approved 

8 Statewide transportation improvement program 

9 at the time of an event described in subsection 

10 (a). 

11 ‘‘(c) FUNDING.— 

12 ‘‘(1) IN GENERAL.—Subject to the limitations 

13 described in paragraph (2), there are authorized to 

14 be appropriated from the Highway Trust Fund 

15 (other than the Mass Transit Account) such sums as 

16 are necessary to establish the fund authorized by 

17 this section and to replenish that fund on an annual 

18 basis. 

19 ‘‘(2) LIMITATIONS.—The limitations referred to 

20 in paragraph (1) are that— 

21 ‘‘(A) not more than $100,000,000 is au22 thorized to be obligated in any 1 fiscal year 

23 commencing after September 30, 1980, to carry 

24 out this section, except that, if for any fiscal 

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1 tion is less than the amount authorized to be 

2 obligated for the fiscal year, the unobligated 

3 balance of that amount shall— 

4 ‘‘(i) remain available until expended; 

5 and 

6 ‘‘(ii) be in addition to amounts other7 wise available to carry out this section for 

8 each year; and 

9 ‘‘(B)(i) pending such appropriation or re10 plenishment, the Secretary may obligate from 

11 any funds appropriated at any time for obliga12 tion in accordance with this title, including ex13 isting Federal-aid appropriations, such sums as 

14 are necessary for the immediate prosecution of 

15 the work herein authorized; and 

16 ‘‘(ii) funds obligated under this subpara17 graph shall be reimbursed from the appropria18 tion or replenishment. 

19 ‘‘(d) ELIGIBILITY.— 

20 ‘‘(1) IN GENERAL.—The Secretary may expend 

21 funds from the emergency fund authorized by this 

22 section only for the repair or reconstruction of high23 ways on Federal-aid highways in accordance with 

24 this chapter, except that— 


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1 ‘‘(A) no funds shall be so expended unless 

2 an emergency has been declared by the Gov3 ernor of the State with concurrence by the Sec4 retary, unless the President has declared the 

5 emergency to be a major disaster for the pur6 poses of the Robert T. Stafford Disaster Relief 

7 and Emergency Assistance Act (42 U.S.C. 5121 

8 et seq.) for which concurrence of the Secretary 

9 is not required; and 

10 ‘‘(B) the Secretary has received an applica11 tion from the State transportation department 

12 that includes a comprehensive list of all eligible 

13 project sites and repair costs by not later than 

14 2 years after the natural disaster or cata15 strophic failure. 

16 ‘‘(2) COST LIMITATION.— 

17 ‘‘(A) DEFINITION OF COMPARABLE FACIL18 ITY.—In this paragraph, the term ‘comparable 

19 facility’ means a facility that meets the current 

20 geometric and construction standards required 

21 for a facility of comparable capacity and char22 acter to the destroyed facility, except a bridge 

23 facility which may be constructed for the type 

24 and volume of traffic that the bridge will carry 

25 over its design life. 


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1 ‘‘(B) LIMITATION.—The total cost of a 

2 project funded under this section may not ex3 ceed the cost of repair or reconstruction of a 

4 comparable facility. 

5 ‘‘(3) DEBRIS REMOVAL.—The costs of debris 

6 removal shall be an eligible expense only for events 

7 not eligible for assistance pursuant to the Robert T. 

8 Stafford Disaster Relief and Emergency Assistance 

9 Act (42 U.S.C. 5121 et seq.). 

10 ‘‘(4) TERRITORIES.—The total obligations for 

11 projects under this section for any fiscal year in the 

12 Virgin Islands, Guam, American Samoa, and the 

13 Commonwealth of the Northern Mariana Islands 

14 shall not exceed $20,000,000. 

15 ‘‘(5) SUBSTITUTE TRAFFIC.—Notwithstanding 

16 any other provision of this section, actual and nec17 essary costs of maintenance and operation of ferry18 boats or additional transit service providing tem19 porary substitute highway traffic service, less the 

20 amount of fares charged for comparable service, may 

21 be expended from the emergency fund authorized by 

22 this section for Federal-aid highways. 

23 ‘‘(e) TRIBAL TRANSPORTATION FACILITIES, FED24 ERAL LANDS TRANSPORTATION FACILITIES, AND PUBLIC

25 ROADS ON FEDERAL LANDS.— 


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1 ‘‘(1) DEFINITION OF OPEN TO PUBLIC TRAV2 EL.—In this subsection, the term ‘open to public 

3 travel’ means, with respect to a road, that, except 

4 during scheduled periods, extreme weather condi5 tions, or emergencies, the road is open to the general 

6 public for use with a standard passenger vehicle, 

7 without restrictive gates or prohibitive signs or regu8 lations, other than for general traffic control or re9 strictions based on size, weight, or class of registra10 tion. 

11 ‘‘(2) EXPENDITURE OF FUNDS.—Notwith12 standing subsection (d)(1), the Secretary may ex13 pend funds from the emergency fund authorized by 

14 this section, independently or in cooperation with 

15 any other branch of the Federal Government, a 

16 State agency, a tribal government, an organization, 

17 or a person, for the repair or reconstruction of tribal 

18 transportation facilities, Federal lands transpor19 tation facilities, and other federally owned roads that 

20 are open to public travel, whether or not those facili21 ties are Federal-aid highways. 

22 ‘‘(3) REIMBURSEMENT.— 

23 ‘‘(A) IN GENERAL.—The Secretary may re24 imburse Federal and State agencies (including 

25 political subdivisions) for expenditures made for 


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1 projects determined eligible under this section, 

2 including expenditures for emergency repairs 

3 made before a determination of eligibility. 

4 ‘‘(B) TRANSFERS.—With respect to reim5 bursements described in subparagraph (A)— 

6 ‘‘(i) those reimbursements to Federal 

7 agencies and Indian tribal governments 

8 shall be transferred to the account from 

9 which the expenditure was made, or to a 

10 similar account that remains available for 

11 obligation; and 

12 ‘‘(ii) the budget authority associated 

13 with the expenditure shall be restored to 

14 the agency from which the authority was 

15 derived and shall be available for obligation 

16 until the end of the fiscal year following 

17 the year in which the transfer occurs. 

18 ‘‘(f) TREATMENT OF TERRITORIES.—For purposes of 

19 this section, the Virgin Islands, Guam, American Samoa, 

20 and the Commonwealth of the Northern Mariana Islands 

21 shall be considered to be States and parts of the United 

22 States, and the chief executive officer of each such terri23 tory shall be considered to be a Governor of a State.’’. 


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1 SEC. 1108. TRANSPORTATION MOBILITY PROGRAM. 

2 (a) IN GENERAL.—Section 133 of title 23, United 

3 States Code, is amended to read as follows: 

4 ‘‘§ 133. Transportation mobility program 

5 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab6 lish and implement a transportation mobility program 

7 under this section. 

8 ‘‘(b) PURPOSE.—The purpose of the transportation 

9 mobility program shall be to assist States and localities 

10 in improving the conditions and performance on Federal11 aid highways and on bridges on any public road. 

12 ‘‘(c) ELIGIBLE PROJECTS.—Funds apportioned 

13 under section 104(b)(2) to carry out the transportation 

14 mobility program may be obligated for any of following 

15 purposes: 

16 ‘‘(1) Construction, reconstruction, rehabilita17 tion, resurfacing, restoration, preservation, or oper18 ational improvements for highways, including con19 struction of designated routes of the Appalachian de20 velopment highway system. 

21 ‘‘(2) Replacement (including replacement with 

22 fill material), rehabilitation, preservation, protection 

23 (including painting, scour countermeasures, seismic 

24 retrofits, impact protection measures, security coun25 termeasures, and protection against extreme events) 

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1 dium acetate/formate, or other environmentally ac2 ceptable, minimally corrosive anti-icing and deicing 

3 compositions for bridges (and approaches to bridges 

4 and other elevated structures) and tunnels on public 

5 roads of all functional classifications, including any 

6 such construction or reconstruction necessary to ac7 commodate other transportation modes. 

8 ‘‘(3) Construction of a new bridge or tunnel on 

9 a new location on a highway, including any such 

10 construction necessary to accommodate other trans11 portation modes. 

12 ‘‘(4) Inspection and evaluation (within the 

13 meaning of section 144) of bridges and tunnels on 

14 public roads of all functional classifications and in15 spection and evaluation of other highway infrastruc16 ture assets, including signs and sign structures, re17 taining walls, and drainage structures. 

18 ‘‘(5) Training of bridge and tunnel inspectors 

19 (within the meaning of section 144). 

20 ‘‘(6) Capital costs for transit projects eligible 

21 for assistance under chapter 53 of title 49, including 

22 vehicles and facilities, whether publicly or privately 

23 owned, that are used to provide intercity passenger 

24 service by bus. 


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1 ‘‘(7) Carpool projects, fringe and corridor park2 ing facilities and programs, including electric vehicle 

3 infrastructure in accordance with section 137, bicy4 cle transportation and pedestrian walkways in ac5 cordance with section 217, and the modification of 

6 public sidewalks to comply with the Americans with 

7 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 

8 ‘‘(8) Highway and transit safety infrastructure 

9 improvements and programs, installation of safety 

10 barriers and nets on bridges, hazard eliminations, 

11 projects to mitigate hazards caused by wildlife, and 

12 railway-highway grade crossings. 

13 ‘‘(9) Highway and transit research and develop14 ment and technology transfer programs. 

15 ‘‘(10) Capital and operating costs for traffic 

16 and traveler information monitoring, management, 

17 and control facilities and programs, including truck 

18 stop electrification systems. 

19 ‘‘(11) Projects and strategies designed to sup20 port congestion pricing, including electronic toll col21 lection and travel demand management strategies 

22 and programs. 

23 ‘‘(12) Surface transportation planning. 

24 ‘‘(13) Transportation enhancement activities. 


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1 ‘‘(14) Recreational trails projects eligible for 

2 funding under section 206. 

3 ‘‘(15) Construction of ferry boats and ferry ter4 minal facilities eligible for funding under section 

5 129(c). 

6 ‘‘(16) Border infrastructure projects eligible for 

7 funding under section 1303 of the SAFETEA–LU 

8 (Public Law 109–59). 

9 ‘‘(17) Projects associated with National Scenic 

10 Byways, All-American Roads, and America’s Byways 

11 eligible for funding under section 162. 

12 ‘‘(18) Truck parking facilities eligible for fund13 ing under section 1401 of the MAP–21. 

14 ‘‘(19) Safe routes to school projects eligible for 

15 funding under section 1404 of the SAFETEA–LU 

16 (23 U.S.C. 402 note; Public Law 109–59). 

17 ‘‘(20) Transportation control measures de18 scribed in section 108(f)(1)(A) of the Clean Air Act 

19 (42 U.S.C. 7408(f)(1)(A)), other than section 

20 108(f)(1)(A)(xvi) of that Act. 

21 ‘‘(21) Development and implementation of a 

22 State asset management plan for the National High23 way System in accordance with section 119, includ24 ing data collection, maintenance, and integration 

25 and the costs associated with obtaining, updating, 


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1 and licensing software and equipment required for 

2 risk-based asset management and performance-based 

3 management, and for similar activities relating to 

4 the development and implementation of a perform5 ance-based management system for other public 

6 roads. 

7 ‘‘(22) In accordance with all applicable Federal 

8 law (including regulations), participation in natural 

9 habitat and wetlands mitigation efforts relating to 

10 projects funded under this title, which may include 

11 participation in natural habitat and wetlands mitiga12 tion banks, contributions to statewide and regional 

13 efforts to conserve, restore, enhance, and create nat14 ural habitats and wetlands, and development of 

15 statewide and regional natural habitat and wetlands 

16 conservation and mitigation plans, including any 

17 such banks, efforts, and plans developed in accord18 ance with applicable Federal law (including regula19 tions), on the conditions that— 

20 ‘‘(A) contributions to those mitigation ef21 forts may— 

22 ‘‘(i) take place concurrent with or in 

23 advance of project construction; and 

24 ‘‘(ii) occur in advance of project con25 struction only if the efforts are consistent 


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1 with all applicable requirements of Federal 

2 law (including regulations) and State 

3 transportation planning processes; and 

4 ‘‘(B) with respect to participation in a nat5 ural habitat or wetland mitigation effort relat6 ing to a project funded under this title that has 

7 an impact that occurs within the service area of 

8 a mitigation bank, preference is given, to the 

9 maximum extent practicable, to the use of the 

10 mitigation bank if the bank contains sufficient 

11 available credits to offset the impact and the 

12 bank is approved in accordance with applicable 

13 Federal law (including regulations). 

14 ‘‘(23) Infrastructure-based intelligent transpor15 tation systems capital improvements. 

16 ‘‘(24) Environmental restoration and pollution 

17 abatement in accordance with section 328. 

18 ‘‘(25) Control of noxious weeds and aquatic 

19 noxious weeds and establishment of native species in 

20 accordance with section 329. 

21 ‘‘(26) Improvements to a freight railroad, ma22 rine highway, or intermodal facility, but only to the 

23 extent that the Secretary concurs with the State 

24 that— 


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1 ‘‘(A) the project will make significant im2 provement to freight movements on the national 

3 freight network; 

4 ‘‘(B) the public benefit of the project ex5 ceeds the Federal investment; and 

6 ‘‘(C) the project provides a better return 

7 than a highway project on a segment of the pri8 mary freight network, except that a State may 

9 not obligate in excess of 5 percent of funds ap10 portioned to the State under section 104(b)(2) 

11 to carry out this section for that purpose. 

12 ‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS TO

13 AREAS BASED ON POPULATION.— 

14 ‘‘(1) CALCULATION.—Of the funds apportioned 

15 to a State under section 104(b)(2)— 

16 ‘‘(A) 50 percent for a fiscal year shall be 

17 obligated under this section, in proportion to 

18 their relative shares of the population of the 

19 State— 

20 ‘‘(i) in urbanized areas of the State 

21 with an urbanized area population of over 

22 200,000; 

23 ‘‘(ii) in areas of the State other than 

24 urban areas with a population greater than 

25 5,000; and 


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1 ‘‘(iii) in other areas of the State; and 

2 ‘‘(B) 50 percent may be obligated in any 

3 area of the State. 

4 ‘‘(2) METROPOLITAN AREAS.—Funds attributed 

5 to an urbanized area under subparagraph (A)(i) may 

6 be obligated in the metropolitan area established 

7 under section 134 that encompasses the urbanized 

8 area. 

9 ‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS

10 OF OVER 200,000 POPULATION.— 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 subparagraph (B), the amount of funds that a 

13 State is required to obligate under paragraph 

14 (1)(A)(i) shall be obligated in urbanized areas 

15 described in paragraph (1)(A)(i) based on the 

16 relative population of the areas. 

17 ‘‘(B) OTHER FACTORS.—The State may 

18 obligate the funds described in subparagraph 

19 (A) based on other factors if the State and the 

20 relevant metropolitan planning organizations 

21 jointly apply to the Secretary for the permission 

22 to base the obligation on other factors and the 

23 Secretary grants the request. 

24 ‘‘(e) LOCATION OF PROJECTS.—Except as provided 

25 in subsection (g) and for projects described in paragraphs 


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1 (2), (4), (7), (8), (13), (14), and (19) of subsection (c), 

2 transportation mobility program projects may not be un3 dertaken on roads functionally classified as local or rural 

4 minor collectors. 

5 ‘‘(f) APPLICABILITY OF PLANNING REQUIRE6 MENTS.—Programming and expenditure of funds for 

7 projects under this section shall be consistent with sections 

8 134 and 135. 

9 ‘‘(g) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 

10 ‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.— 

11 The term ‘off-system bridge’ means a highway 

12 bridge located on a public road, other than a bridge 

13 on a Federal-aid highway. 

14 ‘‘(2) SPECIAL RULE.— 

15 ‘‘(A) PENALTY.—If the total deck area of 

16 deficient off-system bridges in a State increases 

17 for the 2 most recent consecutive years, the 

18 State shall be required, during the following fis19 cal year, to obligate for the improvement of de20 ficient off-system bridges from the amounts ap21 portioned to the State under section 104(b)(2) 

22 an amount that is not less than 110 percent of 

23 the amount of funds required to be obligated by 

24 the State for off-system bridges for fiscal year 

25 2009 under section 144(f)(2), as in effect on 


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1 the day before the date of enactment of the 

2 MAP–21, except that the amount reserved 

3 under this subparagraph shall be increased by 

4 2 percent over the amount reserved in the pre5 vious fiscal year for each year after fiscal year 

6 2013. 

7 ‘‘(B) RESTORATION.—The obligation re8 quirement for off-system bridges in a State re9 quired by subparagraph (A) for a fiscal year 

10 shall remain in effect for each subsequent fiscal 

11 year until such time as the total deck area of 

12 deficient off-system bridges in the State has de13 creased to the level it was in the State for the 

14 fiscal year prior to the establishment of the ob15 ligation requirement for the State under sub16 paragraph (A). 

17 ‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL18 AID HIGHWAYS.—Notwithstanding any other provi19 sion of law, with respect to any project not on a 

20 Federal-aid highway for the replacement of a bridge 

21 or rehabilitation of a bridge that is wholly funded 

22 from State and local sources, is eligible for Federal 

23 funds under this section, is noncontroversial, is cer24 tified by the State to have been carried out in ac25 cordance with all standards applicable to such 


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1 projects under this section, and is determined by the 

2 Secretary upon completion to be no longer a defi3 cient bridge— 

4 ‘‘(A) any amount expended after the date 

5 of enactment of this subsection from State and 

6 local sources for the project in excess of 20 per7 cent of the cost of construction of the project 

8 may be credited to the non-Federal share of the 

9 cost of other bridge projects in the State that 

10 are eligible for Federal funds under this sec11 tion; and 

12 ‘‘(B) that crediting shall be conducted in 

13 accordance with procedures established by the 

14 Secretary.’’. 

15 (b) CONFORMING AMENDMENT.—The analysis for 

16 chapter 1 of title 23, United States Code, is amended by 

17 striking the item relating to section 133 and inserting the 

18 following: 

‘‘133. Transportation mobility program.’’. 

19 SEC. 1109. WORKFORCE DEVELOPMENT. 

20 (a) ON-THE-JOB TRAINING.—Section 140(b) of title 

21 23, United States Code, is amended— 

22 (1) by striking ‘‘Whenever apportionments are 

23 made under section 104(b)(3),’’ and inserting 

24 ‘‘From administrative funds made available under 

25 section 104(a),’’; and 


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1 (2) by striking ‘‘the surface transportation pro2 gram under section 104(b) and the bridge program 

3 under section 144’’ and inserting ‘‘the transpor4 tation mobility program under section 104(b)’’. 

5 (b) DISADVANTAGED BUSINESS ENTERPRISE.—Sec6 tion 140(c) of title 23, United States Code, is amended 

7 by striking ‘‘Whenever apportionments are made under 

8 section 104(b)(3),’’ and inserting ‘‘From administrative 

9 funds made available under section 104(a),’’. 

10 SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS. 

11 Section 143 of title 23, United States Code, is 

12 amended— 

13 (1) in subsection (b)— 

14 (A) by striking paragraph (2) and insert15 ing the following: 

16 ‘‘(2) FUNDING.— 

17 ‘‘(A) IN GENERAL.—From administrative 

18 funds made available under section 104(a), the 

19 Secretary shall deduct such sums as are nec20 essary, not to exceed $10,000,000 for each fis21 cal year, to carry out this section. 

22 ‘‘(B) ALLOCATION OF FUNDS.—Funds 

23 made available to carry out this section may be 

24 allocated to the Internal Revenue Service and 

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1 cept that of funds so made available for each 

2 fiscal year, $2,000,000 shall be available only to 

3 carry out intergovernmental enforcement ef4 forts, including research and training.’’; and 

5 (B) in paragraph (8)— 

6 (i) in the paragraph heading by strik7 ing ‘‘SURFACE TRANSPORTATION PRO8 GRAM’’ and inserting ‘‘TRANSPORTATION

9 MOBILITY PROGRAM’’; and 

10 (ii) by striking ‘‘section 104(b)(3)’’ 

11 and inserting ‘‘section 104(b)(2)’’; and 

12 (2) in subsection (c)(3) by striking ‘‘for each of 

13 fiscal years 2005 through 2009,’’ and inserting ‘‘for 

14 each fiscal year,’’. 

15 SEC. 1111. NATIONAL BRIDGE AND TUNNEL INVENTORY 

16 AND INSPECTION STANDARDS. 

17 (a) IN GENERAL.—Section 144 of title 23, United 

18 States Code, is amended to read as follows: 

19 ‘‘§ 144. National bridge and tunnel inventory and in20 spection standards 

21 ‘‘(a) FINDINGS AND DECLARATIONS.— 

22 ‘‘(1) FINDINGS.—Congress finds that— 

23 ‘‘(A) the condition of the bridges of the 

24 United States has improved since the date of 

25 enactment of the Transportation Equity Act for 


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1 the 21st Century (Public Law 105–178; 112 

2 Stat. 107), yet continued improvement to 

3 bridge conditions is essential to protect the 

4 safety of the traveling public and allow for the 

5 efficient movement of people and goods on 

6 which the economy of the United States relies; 

7 and 

8 ‘‘(B) the systematic preventative mainte9 nance of bridges, and replacement and rehabili10 tation of deficient bridges, should be under11 taken through an overall asset management ap12 proach to transportation investment. 

13 ‘‘(2) DECLARATIONS.—Congress declares that 

14 it is in the vital interest of the United States— 

15 ‘‘(A) to inventory, inspect, and improve the 

16 condition of the highway bridges and tunnels of 

17 the United States; 

18 ‘‘(B) to use a data-driven, risk-based ap19 proach and cost-effective strategy for systematic 

20 preventative maintenance, replacement, and re21 habilitation of highway bridges and tunnels to 

22 ensure safety and extended service life; 

23 ‘‘(C) to use performance-based bridge 

24 management systems to assist States in making 

25 timely investments; 


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1 ‘‘(D) to ensure accountability and link per2 formance outcomes to investment decisions; and 

3 ‘‘(E) to ensure connectivity and access for 

4 residents of rural areas of the United States 

5 through strategic investments in National High6 way System bridges and bridges on all public 

7 roads. 

8 ‘‘(b) NATIONAL BRIDGE AND TUNNEL INVEN9 TORIES.— 

10 ‘‘(1) IN GENERAL.—The Secretary, in consulta11 tion with the States, shall— 

12 ‘‘(A) inventory all highway bridges on pub13 lic roads that are bridges over waterways, other 

14 topographical barriers, other highways, and 

15 railroads; 

16 ‘‘(B) classify the bridges according to serv17 iceability, safety, and essentiality for public use, 

18 including the potential impacts to emergency 

19 evacuation routes and to regional and national 

20 freight and passenger mobility if the service21 ability of the bridge is restricted or diminished; 

22 and 

23 ‘‘(C) based on that classification, assign 

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1 ventative maintenance, replacement, or rehabili2 tation. 

3 ‘‘(2) TRIBALLY OWNED AND FEDERALLY

4 OWNED BRIDGES.—As part of the activities carried 

5 out under paragraph (1), the Secretary, in consulta6 tion with the Secretaries of appropriate Federal 

7 agencies, shall— 

8 ‘‘(A) inventory all tribally owned and Fed9 erally owned highway bridges that are open to 

10 the public, over waterways, other topographical 

11 barriers, other highways, and railroads; 

12 ‘‘(B) classify the bridges according to serv13 iceability, safety, and essentiality for public use; 

14 and 

15 ‘‘(C) based on the classification, assign 

16 each a risk-based priority for systematic pre17 ventative maintenance, replacement, or rehabili18 tation. 

19 ‘‘(3) TUNNELS.—The Secretary shall establish 

20 a national inventory of highway tunnels reflecting 

21 the findings of the most recent highway tunnel in22 spections conducted by States under this section. 

23 ‘‘(c) GENERAL BRIDGE AUTHORITY.— 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2) and notwithstanding any other provision 


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1 of law, the General Bridge Act of 1946 (33 U.S.C. 

2 525 et seq.) shall apply to bridges authorized to be 

3 replaced, in whole or in part, by this title. 

4 ‘‘(2) EXCEPTION.—Section 502(b) of the Gen5 eral Bridge Act of 1946 (33 U.S.C. 525(b)) and sec6 tion 9 of the Act of March 3, 1899 (33 U.S.C. 401), 

7 shall not apply to any bridge constructed, recon8 structed, rehabilitated, or replaced with assistance 

9 under this title, if the bridge is over waters that— 

10 ‘‘(A) are not used and are not susceptible 

11 to use in the natural condition of the bridge or 

12 by reasonable improvement as a means to 

13 transport interstate or foreign commerce; and 

14 ‘‘(B) are— 

15 ‘‘(i) not tidal; or 

16 ‘‘(ii) if tidal, used only by recreational 

17 boating, fishing, and other small vessels 

18 that are less than 21 feet in length. 

19 ‘‘(d) INVENTORY UPDATES AND REPORTS.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall— 

21 ‘‘(A) annually revise the inventories au22 thorized by subsection (b); and 

23 ‘‘(B) submit to the Committee on Trans24 portation and Infrastructure of the House of 

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1 ment and Public Works of the Senate a report 

2 on the inventories. 

3 ‘‘(2) INSPECTION REPORT.—Not later than 1 

4 year after the date of enactment of the MAP–21, 

5 each State and appropriate Federal agency shall re6 port element level data to the Secretary, as each 

7 bridge is inspected pursuant to this section, for all 

8 highway bridges on the National Highway System. 

9 ‘‘(3) GUIDANCE.—The Secretary shall provide 

10 guidance to States and Federal agencies for imple11 mentation of this subsection. 

12 ‘‘(4) BRIDGES NOT ON NATIONAL HIGHWAY

13 SYSTEM.—The Secretary shall— 

14 ‘‘(A) conduct a study on the benefits, cost15 effectiveness, and feasibility of requiring ele16 ment-level data collection for bridges not on the 

17 National Highway System; and 

18 ‘‘(B) submit to the Committee on Trans19 portation and Infrastructure of the House of 

20 Representatives and the Committee on Environ21 ment and Public Works of the Senate a report 

22 on the results of the study. 

23 ‘‘(e) BRIDGES WITHOUT TAXING POWERS.— 

24 ‘‘(1) IN GENERAL.—Notwithstanding any other 

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1 ated by an agency that does not have taxing powers 

2 and whose functions include operating a federally as3 sisted public transit system subsidized by toll reve4 nues shall be eligible for assistance under this title, 

5 but the amount of such assistance shall in no event 

6 exceed the cumulative amount which such agency 

7 has expended for capital and operating costs to sub8 sidize such transit system. 

9 ‘‘(2) INSUFFICIENT ASSETS.—Before author10 izing an expenditure of funds under this subsection, 

11 the Secretary shall determine that the applicant 

12 agency has insufficient reserves, surpluses, and pro13 jected revenues (over and above those required for 

14 bridge and transit capital and operating costs) to 

15 fund the necessary bridge replacement or rehabilita16 tion project. 

17 ‘‘(3) CREDITING OF NON-FEDERAL FUNDS.— 

18 Any non-Federal funds expended for the seismic ret19 rofit of the bridge may be credited toward the non20 Federal share required as a condition of receipt of 

21 any Federal funds for seismic retrofit of the bridge 

22 made available after the date of the expenditure. 

23 ‘‘(f) REPLACEMENT OF DESTROYED BRIDGES AND

24 FERRY BOAT SERVICE.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of law, a State may use the funds appor3 tioned under section 104(b)(2) to construct any 

4 bridge that replaces— 

5 ‘‘(A) any low water crossing (regardless of 

6 the length of the low water crossing); 

7 ‘‘(B) any bridge that was destroyed prior 

8 to January 1, 1965; 

9 ‘‘(C) any ferry that was in existence on 

10 January 1, 1984; or 

11 ‘‘(D) any road bridge that is rendered ob12 solete as a result of a Corps of Engineers flood 

13 control or channelization project and is not re14 built with funds from the Corps of Engineers. 

15 ‘‘(2) FEDERAL SHARE.—The Federal share 

16 payable on any bridge construction carried out under 

17 paragraph (1) shall be 80 percent of the cost of the 

18 construction. 

19 ‘‘(g) HISTORIC BRIDGES.— 

20 ‘‘(1) DEFINITION OF HISTORIC BRIDGE.—In 

21 this subsection, the term ‘historic bridge’ means any 

22 bridge that is listed on, or eligible for listing on, the 

23 National Register of Historic Places. 

24 ‘‘(2) COORDINATION.—The Secretary shall, in 

25 cooperation with the States, encourage the retention, 


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1 rehabilitation, adaptive reuse, and future study of 

2 historic bridges. 

3 ‘‘(3) STATE INVENTORY.—The Secretary shall 

4 require each State to complete an inventory of all 

5 bridges on and off Federal-aid highways to deter6 mine the historic significance of the bridges. 

7 ‘‘(4) ELIGIBILITY.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), reasonable costs associated with ac10 tions to preserve, or reduce the impact of a 

11 project under this chapter on, the historic integ12 rity of a historic bridge shall be eligible as reim13 bursable project costs under section 133 if the 

14 load capacity and safety features of the historic 

15 bridge are adequate to serve the intended use 

16 for the life of the historic bridge. 

17 ‘‘(B) BRIDGES NOT USED FOR VEHICLE

18 TRAFFIC.—In the case of a historic bridge that 

19 is no longer used for motorized vehicular traf20 fic, the costs eligible as reimbursable project 

21 costs pursuant to this chapter shall not exceed 

22 the estimated cost of demolition of the historic 

23 bridge. 

24 ‘‘(5) PRESERVATION.—Any State that proposes 

25 to demolish a historic bridge for a replacement 


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1 project with funds made available to carry out this 

2 section shall first make the historic bridge available 

3 for donation to a State, locality, or responsible pri4 vate entity if the State, locality, or responsible entity 

5 enters into an agreement— 

6 ‘‘(A) to maintain the bridge and the fea7 tures that give the historic bridge its historic 

8 significance; and 

9 ‘‘(B) to assume all future legal and finan10 cial responsibility for the historic bridge, which 

11 may include an agreement to hold the State 

12 transportation department harmless in any li13 ability action. 

14 ‘‘(6) COSTS INCURRED.— 

15 ‘‘(A) IN GENERAL.—Costs incurred by the 

16 State to preserve a historic bridge (including 

17 funds made available to the State, locality, or 

18 private entity to enable it to accept the bridge) 

19 shall be eligible as reimbursable project costs 

20 under this chapter in an amount not to exceed 

21 the cost of demolition. 

22 ‘‘(B) ADDITIONAL FUNDING.—Any bridge 

23 preserved pursuant to this paragraph shall not 

24 be eligible for any other funds authorized pur25 suant to this title. 


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1 ‘‘(h) NATIONAL BRIDGE AND TUNNEL INSPECTION

2 STANDARDS.— 

3 ‘‘(1) REQUIREMENT.— 

4 ‘‘(A) IN GENERAL.—The Secretary shall 

5 establish and maintain inspection standards for 

6 the proper inspection and evaluation of all high7 way bridges and tunnels for safety and service8 ability. 

9 ‘‘(B) UNIFORMITY.—The standards under 

10 this subsection shall be designed to ensure uni11 formity of the inspections and evaluations. 

12 ‘‘(2) MINIMUM REQUIREMENTS OF INSPECTION

13 STANDARDS.—The standards established under 

14 paragraph (1) shall, at a minimum— 

15 ‘‘(A) specify, in detail, the method by 

16 which the inspections shall be carried out by the 

17 States, Federal agencies, and tribal govern18 ments; 

19 ‘‘(B) establish the maximum time period 

20 between inspections; 

21 ‘‘(C) establish the qualifications for those 

22 charged with carrying out the inspections; 

23 ‘‘(D) require each State, Federal agency, 

24 and tribal government to maintain and make 

25 available to the Secretary on request— 


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1 ‘‘(i) written reports on the results of 

2 highway bridge and tunnel inspections and 

3 notations of any action taken pursuant to 

4 the findings of the inspections; and 

5 ‘‘(ii) current inventory data for all 

6 highway bridges and tunnels reflecting the 

7 findings of the most recent highway bridge 

8 and tunnel inspections conducted; and 

9 ‘‘(E) establish a procedure for national 

10 certification of highway bridge inspectors and 

11 tunnel inspectors. 

12 ‘‘(3) STATE COMPLIANCE WITH INSPECTION

13 STANDARDS.—The Secretary shall, at a minimum— 

14 ‘‘(A) establish, in consultation with the 

15 States, and interested and knowledgeable pri16 vate organizations and individuals, procedures 

17 to conduct reviews of State compliance with— 

18 ‘‘(i) the standards established under 

19 this subsection; and 

20 ‘‘(ii) the calculation or reevaluation of 

21 bridge load ratings; and 

22 ‘‘(B) establish, in consultation with the 

23 States, and interested and knowledgeable pri24 vate organizations and individuals, procedures 


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1 for States to follow in reporting to the Sec2 retary— 

3 ‘‘(i) critical findings relating to struc4 tural or safety-related deficiencies of high5 way bridges; and 

6 ‘‘(ii) monitoring activities and correc7 tive actions taken in response to a critical 

8 finding. 

9 ‘‘(4) REVIEWS OF STATE COMPLIANCE.— 

10 ‘‘(A) IN GENERAL.—The Secretary shall 

11 annually review State compliance with the 

12 standards established under this section. 

13 ‘‘(B) NONCOMPLIANCE.—If an annual re14 view in accordance with subparagraph (A) iden15 tifies noncompliance by a State, the Secretary 

16 shall— 

17 ‘‘(i) issue a report detailing the issues 

18 of the noncompliance by December 31 of 

19 the calendar year in which the review was 

20 made; and 

21 ‘‘(ii) provide the State an opportunity 

22 to address the noncompliance by— 

23 ‘‘(I) developing a corrective ac24 tion plan to remedy the noncompli25 ance; or 


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1 ‘‘(II) resolving the issues of non2 compliance not later than 45 days 

3 after the date of notification. 

4 ‘‘(5) PENALTY FOR NONCOMPLIANCE.— 

5 ‘‘(A) IN GENERAL.—If a State fails to sat6 isfy the requirements of paragraph (4)(B) by 

7 August 1 of the calendar year following the 

8 year of a finding of noncompliance, the Sec9 retary shall, on October 1 of that year, and 

10 each year thereafter as may be necessary, re11 quire the State to dedicate funds apportioned to 

12 the State under sections 119 and 133 after the 

13 date of enactment of the MAP–21 to correct 

14 the noncompliance with the minimum inspection 

15 standards established under this subsection. 

16 ‘‘(B) AMOUNT.—The amount of the funds 

17 to be directed to correcting noncompliance in 

18 accordance with subparagraph (A) shall— 

19 ‘‘(i) be determined by the State based 

20 on an analysis of the actions needed to ad21 dress the noncompliance; and 

22 ‘‘(ii) require approval by the Sec23 retary. 

24 ‘‘(6) UPDATE OF STANDARDS.—Not later than 

25 3 years after the date of enactment of the MAP–21, 


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1 the Secretary shall update inspection standards to 

2 cover— 

3 ‘‘(A) the methodology, training, and quali4 fications for inspectors; and 

5 ‘‘(B) the frequency of inspection. 

6 ‘‘(7) RISK-BASED APPROACH.—In carrying out 

7 the revisions required by paragraph (6), the Sec8 retary shall consider a risk-based approach to deter9 mining the frequency of bridge inspections. 

10 ‘‘(i) TRAINING PROGRAM FOR BRIDGE AND TUNNEL

11 INSPECTORS.— 

12 ‘‘(1) IN GENERAL.—The Secretary, in coopera13 tion with the State transportation departments, shall 

14 maintain a program designed to train appropriate 

15 personnel to carry out highway bridge and tunnel in16 spections. 

17 ‘‘(2) REVISIONS.—The training program shall 

18 be revised from time to time to take into account 

19 new and improved techniques. 

20 ‘‘(j) AVAILABILITY OF FUNDS.—To carry out this 

21 section, the Secretary may use funds made available under 

22 sections 104(a), 119, 133, and 503.’’. 

23 (b) CONFORMING AMENDMENT.—The analysis for 

24 chapter 1 of title 23, United States Code, is amended by 


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1 striking the item relating to section 144 and inserting the 

2 following: 

‘‘144. National bridge and tunnel inventory and inspection standards.’’. 

3 SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

4 Section 148 of title 23, United States Code, is 

5 amended to read as follows: 

6 ‘‘§ 148. Highway safety improvement program 

7 ‘‘(a) DEFINITIONS.—In this section, the following 

8 definitions apply: 

9 ‘‘(1) HIGH RISK RURAL ROAD.—The term ‘high 

10 risk rural road’ means any roadway functionally 

11 classified as a rural major or minor collector or a 

12 rural local road with significant safety risks, as de13 fined by a State in accordance with an updated 

14 State strategic highway safety plan. 

15 ‘‘(2) HIGHWAY BASEMAP.—The term ‘highway 

16 basemap’ means a representation of all public roads 

17 that can be used to geolocate attribute data on a 

18 roadway. 

19 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO20 GRAM.—The term ‘highway safety improvement pro21 gram’ means projects, activities, plans, and reports 

22 carried out under this section. 

23 ‘‘(4) HIGHWAY SAFETY IMPROVEMENT

24 PROJECT.— 


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1 ‘‘(A) IN GENERAL.—The term ‘highway 

2 safety improvement project’ means strategies, 

3 activities, and projects on a public road that are 

4 consistent with a State strategic highway safety 

5 plan and— 

6 ‘‘(i) correct or improve a hazardous 

7 road location or feature; or 

8 ‘‘(ii) address a highway safety prob9 lem. 

10 ‘‘(B) INCLUSIONS.—The term ‘highway 

11 safety improvement project’ includes, but is not 

12 limited to, a project for 1 or more of the fol13 lowing: 

14 ‘‘(i) An intersection safety improve15 ment. 

16 ‘‘(ii) Pavement and shoulder widening 

17 (including addition of a passing lane to 

18 remedy an unsafe condition). 

19 ‘‘(iii) Installation of rumble strips or 

20 another warning device, if the rumble 

21 strips or other warning devices do not ad22 versely affect the safety or mobility of 

23 bicyclists and pedestrians, including per24 sons with disabilities. 


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1 ‘‘(iv) Installation of a skid-resistant 

2 surface at an intersection or other location 

3 with a high frequency of crashes. 

4 ‘‘(v) An improvement for pedestrian 

5 or bicyclist safety or safety of persons with 

6 disabilities. 

7 ‘‘(vi) Construction and improvement 

8 of a railway-highway grade crossing safety 

9 feature, including installation of protective 

10 devices. 

11 ‘‘(vii) The conduct of a model traffic 

12 enforcement activity at a railway-highway 

13 crossing. 

14 ‘‘(viii) Construction of a traffic 

15 calming feature. 

16 ‘‘(ix) Elimination of a roadside haz17 ard. 

18 ‘‘(x) Installation, replacement, and 

19 other improvement of highway signage and 

20 pavement markings, or a project to main21 tain minimum levels of retroreflectivity, 

22 that addresses a highway safety problem 

23 consistent with a State strategic highway 

24 safety plan. 


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1 ‘‘(xi) Installation of a priority control 

2 system for emergency vehicles at signalized 

3 intersections. 

4 ‘‘(xii) Installation of a traffic control 

5 or other warning device at a location with 

6 high crash potential. 

7 ‘‘(xiii) Transportation safety planning. 

8 ‘‘(xiv) Collection, analysis, and im9 provement of safety data. 

10 ‘‘(xv) Planning integrated interoper11 able emergency communications equip12 ment, operational activities, or traffic en13 forcement activities (including police as14 sistance) relating to work zone safety. 

15 ‘‘(xvi) Installation of guardrails, bar16 riers (including barriers between construc17 tion work zones and traffic lanes for the 

18 safety of road users and workers), and 

19 crash attenuators. 

20 ‘‘(xvii) The addition or retrofitting of 

21 structures or other measures to eliminate 

22 or reduce crashes involving vehicles and 

23 wildlife. 


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1 ‘‘(xviii) Installation of yellow-green 

2 signs and signals at pedestrian and bicycle 

3 crossings and in school zones. 

4 ‘‘(xix) Construction and operational 

5 improvements on high risk rural roads. 

6 ‘‘(xx) Geometric improvements to a 

7 road for safety purposes that improve safe8 ty. 

9 ‘‘(xxi) A road safety audit. 

10 ‘‘(xxii) Roadway safety infrastructure 

11 improvements consistent with the rec12 ommendations included in the publication 

13 of the Federal Highway Administration en14 titled ‘Highway Design Handbook for 

15 Older Drivers and Pedestrians’ (FHWA16 RD-01-103), dated May 2001 or as subse17 quently revised and updated. 

18 ‘‘(xxiii) Truck parking facilities eligi19 ble for funding under section 1401 of the 

20 MAP–21. 

21 ‘‘(xxiv) Systemic safety improvements. 

22 ‘‘(5) MODEL INVENTORY OF ROADWAY ELE23 MENTS.—The term ‘model inventory of roadway ele24 ments’ means the listing and standardized coding by 

25 the Federal Highway Administration of roadway and 


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1 traffic data elements critical to safety management, 

2 analysis, and decisionmaking. 

3 ‘‘(6) PROJECT TO MAINTAIN MINIMUM LEVELS

4 OF RETROREFLECTIVITY.—The term ‘project to 

5 maintain minimum levels of retroreflectivity’ means 

6 a project that is designed to maintain a highway 

7 sign or pavement marking retroreflectivity at or 

8 above the minimum levels prescribed in Federal or 

9 State regulations. 

10 ‘‘(7) ROAD SAFETY AUDIT.—The term ‘road 

11 safety audit’ means a formal safety performance ex12 amination of an existing or future road or intersec13 tion by an independent multidisciplinary audit team. 

14 ‘‘(8) ROAD USERS.—The term ‘road user’ 

15 means a motorist, passenger, public transportation 

16 operator or user, truck driver, bicyclist, motorcyclist, 

17 or pedestrian, including a person with disabilities. 

18 ‘‘(9) SAFETY DATA.— 

19 ‘‘(A) IN GENERAL.—The term ‘safety data’ 

20 means crash, roadway, and traffic data on a 

21 public road. 

22 ‘‘(B) INCLUSION.—The term ‘safety data’ 

23 includes, in the case of a railway-highway grade 

24 crossing, the characteristics of highway and 

25 train traffic, licensing, and vehicle data. 


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1 ‘‘(10) SAFETY PROJECT UNDER ANY OTHER

2 SECTION.— 

3 ‘‘(A) IN GENERAL.—The term ‘safety 

4 project under any other section’ means a 

5 project carried out for the purpose of safety 

6 under any other section of this title. 

7 ‘‘(B) INCLUSION.—The term ‘safety 

8 project under any other section’ includes— 

9 ‘‘(i) a project consistent with the 

10 State strategic highway safety plan that 

11 promotes the awareness of the public and 

12 educates the public concerning highway 

13 safety matters (including motorcycle safe14 ty); 

15 ‘‘(ii) a project to enforce highway 

16 safety laws; and 

17 ‘‘(iii) a project to provide infrastruc18 ture and infrastructure-related equipment 

19 to support emergency services. 

20 ‘‘(11) STATE HIGHWAY SAFETY IMPROVEMENT

21 PROGRAM.—The term ‘State highway safety im22 provement program’ means a program of highway 

23 safety improvement projects, activities, plans and re24 ports carried out as part of the Statewide transpor25 tation improvement program under section 135(g). 


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1 ‘‘(12) STATE STRATEGIC HIGHWAY SAFETY

2 PLAN.—The term ‘State strategic highway safety 

3 plan’ means a comprehensive plan, based on safety 

4 data, developed by a State transportation depart5 ment that— 

6 ‘‘(A) is developed after consultation with— 

7 ‘‘(i) a highway safety representative of 

8 the Governor of the State; 

9 ‘‘(ii) regional transportation planning 

10 organizations and metropolitan planning 

11 organizations, if any; 

12 ‘‘(iii) representatives of major modes 

13 of transportation; 

14 ‘‘(iv) State and local traffic enforce15 ment officials; 

16 ‘‘(v) a highway-rail grade crossing 

17 safety representative of the Governor of 

18 the State; 

19 ‘‘(vi) representatives conducting a 

20 motor carrier safety program under section 

21 31102, 31106, or 31309 of title 49; 

22 ‘‘(vii) motor vehicle administration 

23 agencies; 

24 ‘‘(viii) county transportation officials; 

25 and 


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1 ‘‘(ix) other major Federal, State, trib2 al, and local safety stakeholders; 

3 ‘‘(B) analyzes and makes effective use of 

4 State, regional, local, or tribal safety data; 

5 ‘‘(C) addresses engineering, management, 

6 operation, education, enforcement, and emer7 gency services elements (including integrated, 

8 interoperable emergency communications) of 

9 highway safety as key factors in evaluating 

10 highway projects; 

11 ‘‘(D) considers safety needs of, and high12 fatality segments of, all public roads, including 

13 non-State-owned public roads and roads on 

14 tribal land; 

15 ‘‘(E) considers the results of State, re16 gional, or local transportation and highway 

17 safety planning processes; 

18 ‘‘(F) describes a program of strategies to 

19 reduce or eliminate safety hazards; 

20 ‘‘(G) is approved by the Governor of the 

21 State or a responsible State agency; 

22 ‘‘(H) is consistent with section 135(g); and 

23 ‘‘(I) is updated and submitted to the Sec24 retary for approval as required under sub25 section (d)(2). 


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1 ‘‘(13) SYSTEMIC SAFETY IMPROVEMENT.—The 

2 term ‘systemic safety improvement’ means an im3 provement that is widely implemented based on 

4 high-risk roadway features that are correlated with 

5 particular crash types, rather than crash frequency. 

6 ‘‘(b) PROGRAM.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall carry 

8 out a highway safety improvement program. 

9 ‘‘(2) PURPOSE.—The purpose of the highway 

10 safety improvement program shall be to achieve a 

11 significant reduction in traffic fatalities and serious 

12 injuries on all public roads, including non-State13 owned public roads and roads on tribal land. 

14 ‘‘(c) ELIGIBILITY.— 

15 ‘‘(1) IN GENERAL.—To obligate funds appor16 tioned under section 104(b)(3) to carry out this sec17 tion, a State shall have in effect a State highway 

18 safety improvement program under which the 

19 State— 

20 ‘‘(A) develops, implements, and updates a 

21 State strategic highway safety plan that identi22 fies and analyzes highway safety problems and 

23 opportunities as provided in subsections (a)(12) 

24 and (d); 


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1 ‘‘(B) produces a program of projects or 

2 strategies to reduce identified safety problems; 

3 and 

4 ‘‘(C) evaluates the strategic highway safety 

5 plan on a regularly recurring basis in accord6 ance with subsection (d)(1) to ensure the accu7 racy of the data and priority of proposed strate8 gies. 

9 ‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGH10 WAY SAFETY PROBLEMS AND OPPORTUNITIES.—As 

11 part of the State highway safety improvement pro12 gram, a State shall— 

13 ‘‘(A) have in place a comprehensive safety 

14 data system with the ability to perform safety 

15 problem identification and countermeasure 

16 analysis— 

17 ‘‘(i) to improve the timeliness, accu18 racy, completeness, uniformity, integration, 

19 and accessibility of the safety data on all 

20 public roads, including non-State-owned 

21 public roads and roads on tribal land in 

22 the State; 

23 ‘‘(ii) to evaluate the effectiveness of 

24 data improvement efforts; 


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1 ‘‘(iii) to link State data systems, in2 cluding traffic records, with other data sys3 tems within the State; 

4 ‘‘(iv) to improve the compatibility and 

5 interoperability of safety data with other 

6 State transportation-related data systems 

7 and the compatibility and interoperability 

8 of State safety data systems with data sys9 tems of other States and national data sys10 tems; 

11 ‘‘(v) to enhance the ability of the Sec12 retary to observe and analyze national 

13 trends in crash occurrences, rates, out14 comes, and circumstances; and 

15 ‘‘(vi) to improve the collection of data 

16 on nonmotorized crashes; 

17 ‘‘(B) based on the analysis required by 

18 subparagraph (A)— 

19 ‘‘(i) identify hazardous locations, sec20 tions, and elements (including roadside ob21 stacles, railway-highway crossing needs, 

22 and unmarked or poorly marked roads) 

23 that constitute a danger to motorists (in24 cluding motorcyclists), bicyclists, pedes25 trians, and other highway users; 


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1 ‘‘(ii) using such criteria as the State 

2 determines to be appropriate, establish the 

3 relative severity of those locations, in terms 

4 of crashes, fatalities, serious injuries, traf5 fic volume levels, and other relevant data; 

6 ‘‘(iii) identify the number of fatalities 

7 and serious injuries on all public roads by 

8 location in the State; 

9 ‘‘(iv) identify highway safety improve10 ment projects on the basis of crash experi11 ence, crash potential, or other data-sup12 ported means; and 

13 ‘‘(v) consider which projects maximize 

14 opportunities to advance safety; 

15 ‘‘(C) adopt strategic and performance16 based goals that— 

17 ‘‘(i) address traffic safety, including 

18 behavioral and infrastructure problems and 

19 opportunities on all public roads; 

20 ‘‘(ii) focus resources on areas of 

21 greatest need; and 

22 ‘‘(iii) are coordinated with other State 

23 highway safety programs; 


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1 ‘‘(D) advance the capabilities of the State 

2 for safety data collection, analysis, and integra3 tion in a manner that— 

4 ‘‘(i) complements the State highway 

5 safety program under chapter 4 and the 

6 commercial vehicle safety plan under sec7 tion 31102 of title 49; 

8 ‘‘(ii) includes all public roads, includ9 ing public non-State-owned roads and 

10 roads on tribal land; 

11 ‘‘(iii) identifies hazardous locations, 

12 sections, and elements on all public roads 

13 that constitute a danger to motorists (in14 cluding motorcyclists), bicyclists, pedes15 trians, persons with disabilities, and other 

16 highway users; 

17 ‘‘(iv) includes a means of identifying 

18 the relative severity of hazardous locations 

19 described in clause (iii) in terms of crash20 es, serious injuries, fatalities, and traffic 

21 volume levels; and 

22 ‘‘(v) improves the ability of the State 

23 to identify the number of fatalities and se24 rious injuries on all public roads in the 


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1 State with a breakdown by functional clas2 sification and ownership in the State; 

3 ‘‘(E)(i) determine priorities for the correc4 tion of hazardous road locations, sections, and 

5 elements (including railway-highway crossing 

6 improvements), as identified through safety 

7 data analysis; 

8 ‘‘(ii) identify opportunities for preventing 

9 the development of such hazardous conditions; 

10 and 

11 ‘‘(iii) establish and implement a schedule 

12 of highway safety improvement projects for haz13 ard correction and hazard prevention; and 

14 ‘‘(F)(i) establish an evaluation process to 

15 analyze and assess results achieved by highway 

16 safety improvement projects carried out in ac17 cordance with procedures and criteria estab18 lished by this section; and 

19 ‘‘(ii) use the information obtained under 

20 clause (i) in setting priorities for highway safety 

21 improvement projects. 

22 ‘‘(d) UPDATES TO STRATEGIC HIGHWAY SAFETY

23 PLANS.— 

24 ‘‘(1) ESTABLISHMENT OF REQUIREMENTS.— 


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1 ‘‘(A) IN GENERAL.—Not later than 1 year 

2 after the date of enactment of the MAP–21, the 

3 Secretary shall establish requirements for regu4 larly recurring State updates of strategic high5 way safety plans. 

6 ‘‘(B) CONTENTS OF UPDATED STRATEGIC

7 HIGHWAY SAFETY PLANS.—In establishing re8 quirements under this subsection, the Secretary 

9 shall ensure that States take into consideration, 

10 with respect to updated strategic highway safe11 ty plans— 

12 ‘‘(i) the findings of road safety audits; 

13 ‘‘(ii) the locations of fatalities and se14 rious injuries; 

15 ‘‘(iii) the locations that do not have 

16 an empirical history of fatalities and seri17 ous injuries, but possess risk factors for 

18 potential crashes; 

19 ‘‘(iv) rural roads, including all public 

20 roads, commensurate with fatality data; 

21 ‘‘(v) motor vehicle crashes that in22 clude fatalities or serious injuries to pedes23 trians and bicyclists; 

24 ‘‘(vi) the cost-effectiveness of improve25 ments; 


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1 ‘‘(vii) improvements to rail-highway 

2 grade crossings; and 

3 ‘‘(viii) safety on all public roads, in4 cluding non-State-owned public roads and 

5 roads on tribal land. 

6 ‘‘(2) APPROVAL OF UPDATED STRATEGIC HIGH7 WAY SAFETY PLANS.— 

8 ‘‘(A) IN GENERAL.—Each State shall— 

9 ‘‘(i) update the strategic highway 

10 safety plans of the State in accordance 

11 with the requirements established by the 

12 Secretary under this subsection; and 

13 ‘‘(ii) submit the updated plans to the 

14 Secretary, along with a detailed description 

15 of the process used to update the plan. 

16 ‘‘(B) REQUIREMENTS FOR APPROVAL.— 

17 The Secretary shall not approve the process for 

18 an updated strategic highway safety plan un19 less— 

20 ‘‘(i) the updated strategic highway 

21 safety plan is consistent with the require22 ments of this subsection and subsection 

23 (a)(12); and 

24 ‘‘(ii) the process used is consistent 

25 with the requirements of this subsection. 


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1 ‘‘(3) PENALTY FOR FAILURE TO HAVE AN AP2 PROVED UPDATED STRATEGIC HIGHWAY SAFETY

3 PLAN.—If a State does not have an updated stra4 tegic highway safety plan with a process approved by 

5 the Secretary by August 1 of the fiscal year begin6 ning after the date of establishment of the require7 ments under paragraph (1)— 

8 ‘‘(A) the State shall not be eligible to re9 ceive any additional limitation pursuant to the 

10 redistribution of the limitation on obligations 

11 for Federal-aid highway and highway safety 

12 construction programs that occurs after August 

13 1 for each succeeding fiscal year until the fiscal 

14 year during which the plan is approved; and 

15 ‘‘(B) the Secretary shall, on October 1 of 

16 each fiscal year thereafter, transfer from funds 

17 apportioned to the State under section 

18 104(b)(2) an amount equal to 10 percent of the 

19 funds so apportioned for the fiscal year for use 

20 under the highway safety improvement program 

21 under this section to the apportionment of the 

22 State under section 104(b)(3) until the fiscal 

23 year in which the plan is approved. 

24 ‘‘(e) ELIGIBLE PROJECTS.— 


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1 ‘‘(1) IN GENERAL.—Funds apportioned to the 

2 State under section 104(b)(3) may be obligated to 

3 carry out— 

4 ‘‘(A) any highway safety improvement 

5 project on any public road or publicly owned bi6 cycle or pedestrian pathway or trail; or 

7 ‘‘(B) as provided in subsection (f), other 

8 safety projects. 

9 ‘‘(2) USE OF OTHER FUNDING FOR SAFETY.— 

10 ‘‘(A) EFFECT OF SECTION.—Nothing in 

11 this section prohibits the use of funds made 

12 available under other provisions of this title for 

13 highway safety improvement projects. 

14 ‘‘(B) USE OF OTHER FUNDS.—States are 

15 encouraged to address the full scope of the safe16 ty needs and opportunities of the States by 

17 using funds made available under other provi18 sions of this title (except a provision that spe19 cifically prohibits that use). 

20 ‘‘(f) FLEXIBLE FUNDING FOR STATES WITH A STRA21 TEGIC HIGHWAY SAFETY PLAN.— 

22 ‘‘(1) IN GENERAL.—To further the implementa23 tion of a State strategic highway safety plan, a State 

24 may use up to 10 percent of the amount of funds 

25 apportioned to the State under section 104(b)(3) for 


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1 a fiscal year to carry out safety projects under any 

2 other section as provided in the State strategic high3 way safety plan if the State certifies that— 

4 ‘‘(A) the State has met needs in the State 

5 relating to railway-highway crossings for the 

6 preceding fiscal year; and 

7 ‘‘(B) the funds are being used for the most 

8 effective projects to make progress toward 

9 achieving the safety performance targets of the 

10 State. 

11 ‘‘(2) OTHER TRANSPORTATION AND HIGHWAY

12 SAFETY PLANS.—Nothing in this subsection requires 

13 a State to revise any State process, plan, or program 

14 in effect on the date of enactment of the MAP–21. 

15 ‘‘(g) DATA IMPROVEMENT.— 

16 ‘‘(1) DEFINITION OF DATA IMPROVEMENT AC17 TIVITIES.—In this subsection: 

18 ‘‘(A) IN GENERAL.—The term ‘data im19 provement activities’ means a project or activity 

20 to further the capacity of a State to make more 

21 informed and effective safety infrastructure in22 vestment decisions. 

23 ‘‘(B) INCLUSIONS.—The term ‘data im24 provement activities’ includes a project or activ25 ity— 


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1 ‘‘(i) to create, update, or enhance a 

2 highway basemap of all public roads in a 

3 State; 

4 ‘‘(ii) to collect safety data, including 

5 data identified as part of the model inven6 tory of roadway elements, for creation of 

7 or use on a highway basemap of all public 

8 roads in a State; 

9 ‘‘(iii) to store and maintain safety 

10 data in an electronic manner; 

11 ‘‘(iv) to develop analytical processes 

12 for safety data elements; 

13 ‘‘(v) to acquire and implement road14 way safety analysis tools; and 

15 ‘‘(vi) to support the collection, mainte16 nance, and sharing of safety data on all 

17 public roads and related systems associated 

18 with the analytical usage of that data. 

19 ‘‘(2) APPORTIONMENT.—Of the funds appor20 tioned to a State under section 104(b)(3) for a fiscal 

21 year— 

22 ‘‘(A) not less than 8 percent of the funds 

23 apportioned for each of fiscal years 2012 

24 through 2013 shall be available only for data 


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1 improvement activities under this subsection; 

2 and 

3 ‘‘(B) not less than 4 percent of the funds 

4 apportioned for fiscal year 2014 and each fiscal 

5 year thereafter shall be available only for data 

6 improvement activities under this subsection. 

7 ‘‘(3) SPECIAL RULE.—A State may use funds 

8 apportioned to the State pursuant to this subsection 

9 for any project eligible under this section if the 

10 State demonstrates to the satisfaction of the Sec11 retary that the State has met all of the State needs 

12 for data collection to support the State strategic 

13 highway safety plan and sufficiently addressed the 

14 data improvement activities described in paragraph 

15 (1). 

16 ‘‘(4) MODEL INVENTORY OF ROADWAY ELE17 MENTS.—The Secretary shall— 

18 ‘‘(A) establish a subset of the model inven19 tory of roadway elements that are useful for the 

20 inventory of roadway safety; and 

21 ‘‘(B) ensure that States adopt and use the 

22 subset to improve data collection. 

23 ‘‘(h) PERFORMANCE MEASURES AND TARGETS FOR

24 STATE HIGHWAY SAFETY IMPROVEMENT PROGRAMS.— 


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1 ‘‘(1) ESTABLISHMENT OF PERFORMANCE MEAS2 URES.—Not later than 1 year after the date of en3 actment of the MAP–21, the Secretary shall issue 

4 guidance to States on the establishment, collection, 

5 and reporting of performance measures that re6 flect— 

7 ‘‘(A) serious injuries and fatalities per ve8 hicle mile traveled; 

9 ‘‘(B) serious injuries and fatalities per cap10 ita; and 

11 ‘‘(C) the number of serious injuries and fa12 talities 

13 ‘‘(2) ESTABLISHMENT OF STATE PERFORMANCE

14 TARGETS.—Not later than 1 year after the Secretary 

15 has issued guidance to States on the establishment, 

16 collection, and reporting of performance measures, 

17 each State shall set performance targets that re18 flect— 

19 ‘‘(A) serious injuries and fatalities per ve20 hicle mile traveled; 

21 ‘‘(B) serious injuries and fatalities per cap22 ita; and 

23 ‘‘(C) the number of serious injuries and fa24 talities. 

25 ‘‘(i) SPECIAL RULES.— 


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1 ‘‘(1) HIGH-RISK RURAL ROAD SAFETY.—If the 

2 fatality rate on rural roads in a State increases over 

3 the most recent 2-year period for which data are 

4 available, that State shall be required to obligate in 

5 the next fiscal year on high risk rural roads an 

6 amount equal to at least 200 percent of the amount 

7 of funds the State received for fiscal year 2009 for 

8 high risk rural roads under subsection (f) of this 

9 section, as in effect on the day before the date of en10 actment of the MAP–21. 

11 ‘‘(2) RAIL-HIGHWAY GRADE CROSSINGS.—If the 

12 fatality rate at highway grade crossings in a State 

13 increases over the most recent 2-year period for 

14 which data are available, that State shall be required 

15 to obligate in the next fiscal year on rail-highway 

16 grade crossings an amount equal to 120 percent of 

17 the amount of funds the State received for fiscal 

18 year 2009 for rail-highway grade crossings under 

19 section 130(f) (as in effect on the day before the 

20 date of enactment of the MAP–21). 

21 ‘‘(j) REPORTS.— 

22 ‘‘(1) IN GENERAL.—A State shall submit to the 

23 Secretary a report that— 


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1 ‘‘(A) describes the progress being made to 

2 achieve the performance targets established 

3 under subsection (h); 

4 ‘‘(B) describes progress being made to im5 plement highway safety improvement projects 

6 under this section; 

7 ‘‘(C) assesses the effectiveness of those im8 provements; and 

9 ‘‘(D) describes the extent to which the im10 provements funded under this section have con11 tributed to reducing— 

12 ‘‘(i) the number and rate of fatalities 

13 on all public roads with, to the maximum 

14 extent practicable, a breakdown by func15 tional classification and ownership in the 

16 State; 

17 ‘‘(ii) the number and rate of serious 

18 injuries on all public roads with, to the 

19 maximum extent practicable, a breakdown 

20 by functional classification and ownership 

21 in the State; and 

22 ‘‘(iii) the occurrences of fatalities and 

23 serious injuries at railway-highway cross24 ings. 


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1 ‘‘(2) CONTENTS; SCHEDULE.—The Secretary 

2 shall establish the content and schedule for the sub3 mission of the report under paragraph (1). 

4 ‘‘(3) TRANSPARENCY.—The Secretary shall 

5 make strategic highway safety plans submitted 

6 under subsection (d) and reports submitted under 

7 this subsection available to the public through— 

8 ‘‘(A) the website of the Department; and 

9 ‘‘(B) such other means as the Secretary 

10 determines to be appropriate. 

11 ‘‘(4) DISCOVERY AND ADMISSION INTO EVI12 DENCE OF CERTAIN REPORTS, SURVEYS, AND INFOR13 MATION.—Notwithstanding any other provision of 

14 law, reports, surveys, schedules, lists, or data com15 piled or collected for any purpose relating to this 

16 section, shall not be subject to discovery or admitted 

17 into evidence in a Federal or State court proceeding 

18 or considered for other purposes in any action for 

19 damages arising from any occurrence at a location 

20 identified or addressed in the reports, surveys, 

21 schedules, lists, or other data. 

22 ‘‘(k) STATE PERFORMANCE TARGETS.—If the Sec23 retary determines that a State has not met or made sig24 nificant progress toward meeting the performance targets 

25 of the State established under subsection (h) by the date 


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1 that is 2 years after the date of the establishment of the 

2 performance targets, the State shall— 

3 ‘‘(1) use obligation authority equal to the ap4 portionment of the State for the prior year under 

5 section 104(b)(3) only for highway safety improve6 ment projects under this section until the Secretary 

7 determines that the State has met or made signifi8 cant progress toward meeting the performance tar9 gets of the State; and 

10 ‘‘(2) submit annually to the Secretary, until the 

11 Secretary determines that the State has met or 

12 made significant progress toward meeting the per13 formance targets of the State, an implementation 

14 plan that— 

15 ‘‘(A) identifies roadway features that con16 stitute a hazard to road users; 

17 ‘‘(B) identifies highway safety improve18 ment projects on the basis of crash experience, 

19 crash potential, or other data-supported means; 

20 ‘‘(C) describes how highway safety im21 provement program funds will be allocated, in22 cluding projects, activities, and strategies to be 

23 implemented; 

24 ‘‘(D) describes how the proposed projects, 

25 activities, and strategies funded under the State 


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1 highway safety improvement program will allow 

2 the State to make progress toward achieving 

3 the safety performance targets of the State; and 

4 ‘‘(E) describes the actions the State will 

5 undertake to meet the performance targets of 

6 the State. 

7 ‘‘(l) FEDERAL SHARE OF HIGHWAY SAFETY IM8 PROVEMENT PROJECTS.—Except as provided in sections 

9 120 and 130, the Federal share of the cost of a highway 

10 safety improvement project carried out with funds appor11 tioned to a State under section 104(b)(3) shall be 90 per12 cent.’’. 

13 SEC. 1113. CONGESTION MITIGATION AND AIR QUALITY IM14 PROVEMENT PROGRAM. 

15 Section 149 of title 23, United States Code, is 

16 amended to read as follows: 

17 ‘‘§ 149. Congestion mitigation and air quality im18 provement program 

19 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab20 lish and implement a congestion mitigation and air quality 

21 improvement program in accordance with this section. 

22 ‘‘(b) ELIGIBLE PROJECTS.— 

23 ‘‘(1) IN GENERAL.—Except as provided in sub24 section (c), a State may obligate funds apportioned 

25 to the State for the congestion mitigation and air 


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1 quality improvement program under section 

2 104(b)(4) that are not reserved under subsection (l) 

3 only for a transportation project or program if the 

4 project or program is for an area in the State that 

5 is or was designated as a nonattainment area for 

6 ozone, carbon monoxide, or particulate matter under 

7 section 107(d) of the Clean Air Act (42 U.S.C. 

8 7407(d)) and classified pursuant to section 181(a), 

9 186(a), 188(a), or 188(b) of the Clean Air Act (42 

10 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is 

11 or was designated as a nonattainment area under 

12 section 107(d) of that Act after December 31, 1997, 

13 or is required to prepare, and file with the Adminis14 trator of the Environmental Protection Agency, 

15 maintenance plans under the Clean Air Act (42 

16 U.S.C. 7401 et seq.); and 

17 ‘‘(A)(i)(I) if the Secretary, after consulta18 tion with the Administrator determines, on the 

19 basis of information published by the Environ20 mental Protection Agency pursuant to subpara21 graph (A) of section 108(f)(1) of the Clean Air 

22 Act (other than clause (xvi) of that subpara23 graph) (42 U.S.C. 7408(f)(1)) that the project 

24 or program is likely to contribute to— 


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1 ‘‘(aa) the attainment of a national 

2 ambient air quality standard; or 

3 ‘‘(bb) the maintenance of a national 

4 ambient air quality standard in a mainte5 nance area; and 

6 ‘‘(II) there exists a high level of effective7 ness in reducing air pollution, in cases of 

8 projects or programs where sufficient informa9 tion is available in the database established pur10 suant to subsection (h) to determine the relative 

11 effectiveness of such projects or programs; or 

12 ‘‘(ii) in any case in which such information 

13 is not available, if the Secretary, after such con14 sultation, determines that the project or pro15 gram is part of a program, method, or strategy 

16 described in such section 108(f)(1)(A); 

17 ‘‘(B) if the project or program is included 

18 in a State implementation plan that has been 

19 approved pursuant to the Clean Air Act and the 

20 project will have air quality benefits; 

21 ‘‘(C) to establish or operate a traffic moni22 toring, management, and control facility or pro23 gram, including advanced truck stop electrifica24 tion systems, if the Secretary, after consultation 

25 with the Administrator, determines that the faVerDate Mar 15 2010 00:52 Nov 08, 2011 Jkt 099200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.IS S1813

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1 cility or program is likely to contribute to the 

2 attainment of a national ambient air quality 

3 standard; 

4 ‘‘(D) if the program or project improves 

5 traffic flow, including projects to improve sig6 nalization, construct high-occupancy vehicle 

7 lanes, improve intersections, add turning lanes, 

8 improve transportation systems management 

9 and operations that mitigate congestion and im10 prove air quality, and implement intelligent 

11 transportation system strategies and such other 

12 projects that are eligible for assistance under 

13 this section on the day before the date of enact14 ment of the MAP–21, including programs or 

15 projects to improve incident and emergency re16 sponse or improve mobility, such as through 

17 real-time traffic, transit, and multimodal trav18 eler information; 

19 ‘‘(E) if the project or program involves the 

20 purchase of integrated, interoperable emergency 

21 communications equipment; 

22 ‘‘(F) if the project or program is for— 

23 ‘‘(i) the purchase of diesel retrofits 

24 that are— 


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1 ‘‘(I) for motor vehicles (as de2 fined in section 216 of the Clean Air 

3 Act (42 U.S.C. 7550)); or 

4 ‘‘(II) verified or certified tech5 nologies included in the list published 

6 pursuant to subsection (f)(2), as in ef7 fect on the day before the date of en8 actment of the MAP–21, for nonroad 

9 vehicles and nonroad engines (as de10 fined in section 216 of the Clean Air 

11 Act (42 U.S.C. 7550)) that are used 

12 in construction projects that are— 

13 ‘‘(aa) located in nonattain14 ment or maintenance areas for 

15 ozone, PM10, or PM2.5 (as de16 fined under the Clean Air Act 

17 (42 U.S.C. 7401 et seq.)); and 

18 ‘‘(bb) funded, in whole or in 

19 part, under this title; or 

20 ‘‘(ii) the conduct of outreach activities 

21 that are designed to provide information 

22 and technical assistance to the owners and 

23 operators of diesel equipment and vehicles 

24 regarding the purchase and installation of 

25 diesel retrofits; 


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1 ‘‘(G) if the project or program shifts traf2 fic demand to nonpeak hours or other transpor3 tation modes, increases vehicle occupancy rates, 

4 or otherwise reduces demand for roads through 

5 such means as telecommuting, ridesharing, 

6 carsharing, alternative work hours, and pricing; 

7 or 

8 ‘‘(H) if the Secretary, after consultation 

9 with the Administrator, determines that the 

10 project or program is likely to contribute to the 

11 attainment of a national ambient air quality 

12 standard, whether through reductions in vehicle 

13 miles traveled, fuel consumption, or through 

14 other factors. 

15 ‘‘(2) LIMITATIONS.—Funds apportioned to a 

16 State under section 104(b)(4) and not reserved 

17 under subsection (l) may not be obligated for a 

18 project that will result in the construction of new ca19 pacity available to single-occupant vehicles unless 

20 the project consists of a high-occupancy vehicle facil21 ity available to single-occupant vehicles only at other 

22 than peak travel times or such use by single-occu23 pant vehicles at peak travel times is subject to a toll. 

24 ‘‘(c) STATES FLEXIBILITY.— 


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1 ‘‘(1) STATES WITHOUT A NONATTAINMENT

2 AREA.—If a State does not have, and never has had, 

3 a nonattainment area designated under the Clean 

4 Air Act (42 U.S.C. 7401 et seq.) for ozone, carbon 

5 monoxide, or PM2.5, the State may use funds appor6 tioned to the State under section 104(b)(4) (exclud7 ing the amount of funds reserved under subsection 

8 (l)) for any project in the State that— 

9 ‘‘(A) would otherwise be eligible under sub10 section (b) as if the project were carried out in 

11 a nonattainment or maintenance area; or 

12 ‘‘(B) is eligible under the transportation 

13 mobility program under section 133. 

14 ‘‘(2) STATES WITH A NONATTAINMENT AREA.— 

15 ‘‘(A) IN GENERAL.—If a State has a non16 attainment area or maintenance area and re17 ceived funds in fiscal year 2009 under section 

18 104(b)(2)(D), as in effect on the day before the 

19 date of enactment of the MAP–21, above the 

20 amount of funds that the State would have re21 ceived based on the nonattainment and mainte22 nance area population of the State under sub23 paragraphs (B) and (C) of section 104(b)(2), as 

24 in effect on the day before the date of enact25 ment of the MAP–21, the State may use for 


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1 any project that is eligible under the transpor2 tation mobility program under section 133 an 

3 amount of funds apportioned to such State 

4 under section 104(b)(4) (excluding the amount 

5 of funds reserved under subsection (l)) that is 

6 equal to the product obtained by multiplying— 

7 ‘‘(i) the apportioned amount to such 

8 State under section 104(b)(4) (excluding 

9 the amount of funds reserved under sub10 section (l)); by 

11 ‘‘(ii) the ratio calculated under para12 graph (B). 

13 ‘‘(B) RATIO.—For purposes of this para14 graph, the ratio shall be calculated as— 

15 ‘‘(i) the amount for fiscal year 2009 

16 such State was permitted by section 

17 149(c)(2), as in effect on the day before 

18 the date of enactment of the MAP–21, to 

19 obligate in any area of the State for 

20 projects eligible under section 133, as in 

21 effect on the day before the date of enact22 ment of the MAP–21; bears to 

23 ‘‘(ii) the total apportionment to such 

24 State for fiscal year 2009 under section 


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1 104(b)(2), as in effect on the day before 

2 the date of enactment of the MAP–21. 

3 ‘‘(3) CHANGES IN DESIGNATION.—If a new 

4 nonattainment area is designated or a previously 

5 designated nonattainment area is redesignated as an 

6 attainment area in a State under the Clean Air Act 

7 (42 U.S.C. 7401 et seq.), the Secretary shall modify 

8 the amount such State is permitted to obligate in 

9 any area of the State for projects eligible under sec10 tion 133. 

11 ‘‘(d) APPLICABILITY OF PLANNING REQUIRE12 MENTS.—Programming and expenditure of funds for 

13 projects under this section shall be consistent with the re14 quirements of sections 134 and 135. 

15 ‘‘(e) PARTNERSHIPS WITH NONGOVERNMENTAL EN16 TITIES.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding any other 

18 provision of this title and in accordance with this 

19 subsection, a metropolitan planning organization, 

20 State transportation department, or other project 

21 sponsor may enter into an agreement with any pub22 lic, private, or nonprofit entity to cooperatively im23 plement any project carried out with funds appor24 tioned under section 104(b)(4). 


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1 ‘‘(2) FORMS OF PARTICIPATION BY ENTITIES.— 

2 Participation by an entity under paragraph (1) may 

3 consist of— 

4 ‘‘(A) ownership or operation of any land, 

5 facility, vehicle, or other physical asset associ6 ated with the project; 

7 ‘‘(B) cost sharing of any project expense; 

8 ‘‘(C) carrying out of administration, con9 struction management, project management, 

10 project operation, or any other management or 

11 operational duty associated with the project; 

12 and 

13 ‘‘(D) any other form of participation ap14 proved by the Secretary. 

15 ‘‘(3) ALLOCATION TO ENTITIES.—A State may 

16 allocate funds apportioned under section 104(b)(4) 

17 to an entity described in paragraph (1). 

18 ‘‘(4) ALTERNATIVE FUEL PROJECTS.—In the 

19 case of a project that will provide for the use of al20 ternative fuels by privately owned vehicles or vehicle 

21 fleets, activities eligible for funding under this sub22 section— 

23 ‘‘(A) may include the costs of vehicle re24 fueling infrastructure, including infrastructure 

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1 tion, and use of emerging technologies that re2 duce emissions of air pollutants from motor ve3 hicles, and other capital investments associated 

4 with the project; 

5 ‘‘(B) shall include only the incremental 

6 cost of an alternative fueled vehicle, as com7 pared to a conventionally fueled vehicle, that 

8 would otherwise be borne by a private party; 

9 and 

10 ‘‘(C) shall apply other governmental finan11 cial purchase contributions in the calculation of 

12 net incremental cost. 

13 ‘‘(5) PROHIBITION ON FEDERAL PARTICIPATION

14 WITH RESPECT TO REQUIRED ACTIVITIES.—A Fed15 eral participation payment under this subsection 

16 may not be made to an entity to fund an obligation 

17 imposed under the Clean Air Act (42 U.S.C. 7401 

18 et seq.) or any other Federal law. 

19 ‘‘(f) PRIORITY CONSIDERATION.—States and metro20 politan planning organizations shall give priority in areas 

21 designated as nonattainment or maintenance for PM2.5

22 under the Clean Air Act (42 U.S.C. 7401 et seq.) in dis23 tributing funds received for congestion mitigation and air 

24 quality projects and programs from apportionments under 

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1 section (l) to projects that are proven to reduce PM2.5, 

2 including diesel retrofits. 

3 ‘‘(g) INTERAGENCY CONSULTATION.—The Secretary 

4 shall encourage States and metropolitan planning organi5 zations to consult with State and local air quality agencies 

6 in nonattainment and maintenance areas on the estimated 

7 emission reductions from proposed congestion mitigation 

8 and air quality improvement programs and projects. 

9 ‘‘(h) EVALUATION AND ASSESSMENT OF

10 PROJECTS.— 

11 ‘‘(1) DATABASE.— 

12 ‘‘(A) IN GENERAL.—Using appropriate as13 sessments of projects funded under the conges14 tion mitigation and air quality program and re15 sults from other research, the Secretary shall 

16 maintain and disseminate a cumulative data17 base describing the impacts of the projects, in18 cluding specific information about each project, 

19 such as the project name, location, sponsor, 

20 cost, and, to the extent already measured by the 

21 project sponsor, cost-effectiveness, based on re22 ductions in congestion and emissions. 

23 ‘‘(B) AVAILABILITY.—The database shall 

24 be published or otherwise made readily available 

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1 mat and means, such as the Internet, for public 

2 review. 

3 ‘‘(2) COST EFFECTIVENESS.— 

4 ‘‘(A) IN GENERAL.—The Secretary, in con5 sultation with the Administrator of the Envi6 ronmental Protection Agency, shall evaluate 

7 projects on a periodic basis and develop a table 

8 or other similar medium that illustrates the 

9 cost-effectiveness of a range of project types eli10 gible for funding under this section as to how 

11 the projects mitigate congestion and improve 

12 air quality. 

13 ‘‘(B) CONTENTS.—The table described in 

14 subparagraph (A) shall show measures of cost15 effectiveness, such as dollars per ton of emis16 sions reduced, and assess those measures over 

17 a variety of timeframes to capture impacts on 

18 the planning timeframes outlined in section 

19 134. 

20 ‘‘(C) USE OF TABLE.—States and metro21 politan planning organizations shall consider 

22 the information in the table when selecting 

23 projects or developing performance plans under 

24 subsection (k). 

25 ‘‘(i) OPTIONAL PROGRAMMATIC ELIGIBILITY.— 


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1 ‘‘(1) IN GENERAL.—At the discretion of a met2 ropolitan planning organization, a technical assess3 ment of a selected program of projects may be con4 ducted through modeling or other means to dem5 onstrate the emissions reduction projection required 

6 under this section. 

7 ‘‘(2) APPLICABILITY.—If an assessment de8 scribed in paragraph (1) successfully demonstrates 

9 an emissions reduction, all projects included in such 

10 assessment shall be eligible for obligation under this 

11 section without further demonstration of emissions 

12 reduction of individual projects included in such as13 sessment. 

14 ‘‘(j) SUBALLOCATION TO NONATTAINMENT AND

15 MAINTENANCE AREAS.— 

16 ‘‘(1) IN GENERAL.—An amount equal to 50 

17 percent of the amount of funds apportioned to each 

18 State under section 104(b)(4) (excluding the amount 

19 of funds reserved under subsection (l)) shall be sub20 allocated for projects within each area designated as 

21 nonattainment or maintenance for the pollutants de22 scribed in subsection (b). 

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1 ment or maintenance area shall be in accordance 

2 with a formula developed by each State and ap3 proved by the Secretary, which shall consider the 

4 population of each such nonattainment or mainte5 nance area and shall be weighted by the severity of 

6 pollution in the manner described in paragraph (6). 

7 ‘‘(3) PROJECT SELECTION.—Projects under this 

8 subsection shall be selected by a State and shall be 

9 consistent with the requirements of sections 134 and 

10 135. 

11 ‘‘(4) PRIORITY FOR USE OF SUBALLOCATED

12 FUNDS IN PM2.5 AREAS.— 

13 ‘‘(A) IN GENERAL.—An amount equal to 

14 50 percent of the funds suballocated under 

15 paragraph (1) for a nonattainment or mainte16 nance area that are based all or in part on the 

17 weighted population of such area in fine partic18 ulate matter nonattainment shall be obligated 

19 to projects that reduce such fine particulate 

20 matter emissions in such area, including diesel 

21 retrofits. 

22 ‘‘(B) CONSTRUCTION EQUIPMENT.—An 

23 amount equal to 30 percent of the funds re24 quired to be set aside under subparagraph (A) 


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1 shall be obligated to carry out the objectives of 

2 section 330. 

3 ‘‘(C) OBLIGATION PROCESS.—Each State 

4 or metropolitan planning organization required 

5 to obligate funds in accordance with this para6 graph shall develop a process to provide funding 

7 directly to eligible entities (as defined under 

8 section 330) in order to achieve the objectives 

9 of such section. 

10 ‘‘(5) FUNDS NOT SUBALLOCATED.—Except as 

11 provided in subsection (c), funds apportioned to a 

12 State under section 104(b)(4) (excluding the amount 

13 of funds reserved under subsection (l)) and not sub14 allocated under paragraph (1) shall be made avail15 able to such State for programming in any non16 attainment or maintenance area in the State. 

17 ‘‘(6) FACTORS FOR CALCULATION OF SUB18 ALLOCATION.— 

19 ‘‘(A) IN GENERAL.—For the purposes of 

20 paragraph (2), each State shall weight the pop21 ulation of each such nonattainment or mainte22 nance area by a factor of— 

23 ‘‘(i) 1.0 if, at the time of the appor24 tionment, the area is a maintenance area 

25 for ozone or carbon monoxide; 


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1 ‘‘(ii) 1.0 if, at the time of the appor2 tionment, the area is classified as a mar3 ginal ozone nonattainment area under sub4 part 2 of part D of title I of the Clean Air 

5 Act (42 U.S.C. 7511 et seq.); 

6 ‘‘(iii) 1.1 if, at the time of the appor7 tionment, the area is classified as a mod8 erate ozone nonattainment area under sub9 part 2 of part D of title I of the Clean Air 

10 Act (42 U.S.C. 7511 et seq.); 

11 ‘‘(iv) 1.2 if, at the time of the appor12 tionment, the area is classified as a serious 

13 ozone nonattainment area under subpart 2 

14 of part D of title I of the Clean Air Act 

15 (42 U.S.C. 7511 et seq.); 

16 ‘‘(v) 1.3 if, at the time of the appor17 tionment, the area is classified as a severe 

18 ozone nonattainment area under subpart 2 

19 of part D of title I of the Clean Air Act 

20 (42 U.S.C. 7511 et seq.); 

21 ‘‘(vi) 1.5 if, at the time of the appor22 tionment, the area is classified as an ex23 treme ozone nonattainment area under 

24 subpart 2 of part D of title I of the Clean 

25 Air Act (42 U.S.C. 7511 et seq.); 


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1 ‘‘(vii) 1.0 if, at the time of the appor2 tionment, the area is not a nonattainment 

3 or maintenance area for ozone as described 

4 in section 149(b), but is designated under 

5 section 107 of the Clean Air Act (42 

6 U.S.C. 7407) as a nonattainment area for 

7 carbon monoxide; 

8 ‘‘(viii) 1.0 if, at the time of the appor9 tionment, the area is designated as non10 attainment for ozone under section 107 of 

11 the Clean Air Act (42 U.S.C. 7407); or 

12 ‘‘(ix) 1.2 if, at the time of the appor13 tionment, the area is not a nonattainment 

14 or maintenance area as described in sec15 tion 149(b) for ozone, but is designated as 

16 a nonattainment or maintenance area for 

17 fine particulate matter, 2.5 micrometers or 

18 less, under section 107 of the Clean Air 

19 Act (42 U.S.C. 7407). 

20 ‘‘(B) OTHER FACTORS.—If, in addition to 

21 being designated as a nonattainment or mainte22 nance area for ozone as described in section 

23 149(b), any county within the area was also 

24 designated under section 107 of the Clean Air 

25 Act (42 U.S.C. 7407) as a nonattainment or 


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1 maintenance area for carbon monoxide, or was 

2 designated under section 107 of the Clean Air 

3 Act (42 U.S.C. 7407) as a nonattainment or 

4 maintenance area for particulate matter, 2.5 

5 micrometers or less, or both, the weighted non6 attainment or maintenance area population of 

7 the county, as determined under clauses (i) 

8 through (vi), or clause (viii), of subparagraph 

9 (A), shall be further multiplied by a factor of 

10 1.2, or a second further factor of 1.2 if the area 

11 is designated as a nonattainment or mainte12 nance area for both carbon monoxide and par13 ticulate matter, 2.5 micrometers or less. 

14 ‘‘(7) EXCEPTIONS FOR CERTAIN STATES.— 

15 ‘‘(A) A State without a nonattainment or 

16 maintenance area shall not be subject to the re17 quirements of this subsection. 

18 ‘‘(B) The amount of funds required to be 

19 set aside under paragraph (1) in a State that 

20 received a minimum apportionment for fiscal 

21 year 2009 under section 104(b)(2)(D), as in ef22 fect on the day before the date of enactment of 

23 the MAP–21, shall be based on the amount of 

24 funds such State would otherwise have been ap25 portioned under section 104(b)(4) (excluding 


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1 the amount of funds reserved under subsection 

2 (l)) but for the minimum apportionment in fis3 cal year 2009. 

4 ‘‘(k) PERFORMANCE PLAN.— 

5 ‘‘(1) IN GENERAL.—Each tier I metropolitan 

6 planning organization (as defined in section 134) 

7 representing a nonattainment or maintenance area 

8 shall develop a performance plan that— 

9 ‘‘(A) includes an area baseline level for 

10 traffic congestion and on-road mobile source 

11 emissions for which the area is in nonattain12 ment or maintenance; 

13 ‘‘(B) identifies air quality and traffic con14 gestion reduction target levels based on meas15 ures established by the Secretary; and 

16 ‘‘(C) includes a description of projects 

17 identified for funding under this section and a 

18 description of how such projects will contribute 

19 to achieving emission and traffic congestion re20 duction targets. 

21 ‘‘(2) UPDATED PLANS.— 

22 ‘‘(A) IN GENERAL.—Performance plans 

23 shall be updated on the schedule required under 

24 paragraph (3). 


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1 ‘‘(B) CONTENTS.—An updated plan shall 

2 include a separate report that assesses the 

3 progress of the program of projects under the 

4 previous plan in achieving the air quality and 

5 traffic congestion targets of the previous plan. 

6 ‘‘(3) RULEMAKING.—Not later than 18 months 

7 after the date of enactment of the MAP–21, the Sec8 retary shall promulgate regulations to implement 

9 this subsection that identify performance measures 

10 for traffic congestion and on-road mobile source 

11 emissions, timelines for performance plans, and re12 quirements under this section for assessing the im13 plementation of projects carried out under this sec14 tion. 

15 ‘‘(l) ADDITIONAL ACTIVITIES.— 

16 ‘‘(1) RESERVATION OF FUNDS.—Of the funds 

17 apportioned to a State under section 104(b)(4), a 

18 State shall reserve the amount of funds attributable 

19 to the inclusion of the 10 percent of surface trans20 portation program funds apportioned to such State 

21 for fiscal year 2009 in the formula under section 

22 104(b)(4) for projects under this subsection. 

23 ‘‘(2) ELIGIBLE PROJECTS.—A State may obli24 gate the funds reserved under this subsection for 

25 any of the following projects or activities: 


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1 ‘‘(A) Transportation enhancements, as de2 fined in section 101. 

3 ‘‘(B) The recreational trails program under 

4 section 206. 

5 ‘‘(C) The safe routes to school program 

6 under section 1404 of the SAFETEA–LU (23 

7 U.S.C. 402 note; Public Law 109–59). 

8 ‘‘(D) Planning, designing, or constructing 

9 boulevards, main streets, and other roadways, 

10 including— 

11 ‘‘(i) redesign of an underused high12 way, particularly a highway that is no 

13 longer a principal route after construction 

14 of a bypass or Interstate System route, 

15 into a boulevard or main street that in16 cludes multiple forms of transportation; 

17 ‘‘(ii) new street construction that en18 hances multimodal connectivity and in19 cludes public transportation, pedestrian 

20 walkways, or bicycle infrastructure; 

21 ‘‘(iii) redesign of a street to enhance 

22 connectivity and increase the efficiency of 

23 network performance that includes public 

24 transportation, pedestrian walkways, or bi25 cycle infrastructure; 


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1 ‘‘(iv) redesign of a highway to support 

2 public transportation, including transit3 only lanes and priority signalization for 

4 transit; or 

5 ‘‘(v) construction of high-occupancy 

6 vehicle lanes and congestion reduction ac7 tivities that increase the efficiency of the 

8 existing road network. 

9 ‘‘(E) Providing transportation choices, in10 cluding— 

11 ‘‘(i) on-road and off-road trail facili12 ties for pedestrians, bicyclists, and other 

13 nonmotorized forms of transportation, in14 cluding sidewalks, bicycle infrastructure, 

15 pedestrian and bicycle signals, traffic 

16 calming techniques, lighting, and other 

17 safety-related infrastructure, and transpor18 tation projects to achieve compliance with 

19 the Americans with Disabilities Act of 

20 1990 (42 U.S.C. 12101 et seq.); 

21 ‘‘(ii) the planning, design, and con22 struction of infrastructure-related projects 

23 and systems that will provide safe routes 

24 for nondrivers, including children, older 


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1 adults, and individuals with disabilities, to 

2 access daily needs; 

3 ‘‘(iii) activities for safety and edu4 cation for pedestrians and bicyclists and to 

5 encourage walking and bicycling, including 

6 efforts to encourage walking and bicycling 

7 to school and community centers; 

8 ‘‘(iv) conversion and use of abandoned 

9 railroad corridors for trails for pedestrians, 

10 bicyclists, or other nonmotorized transpor11 tation users; and 

12 ‘‘(v) carpool, vanpool, and car share 

13 projects. 

14 ‘‘(3) FLEXIBILITY OF EXCESS RESERVED

15 FUNDING.—Beginning in the second fiscal year after 

16 the date of enactment of the MAP–21, if on August 

17 1 of that fiscal year the unobligated balance of avail18 able funds apportioned to a State under section 

19 104(b)(4) and reserved by a State under this sub20 section exceeds 150 percent of such reserved amount 

21 in such fiscal year, the State may thereafter obligate 

22 the amount of excess funds for any activity— 

23 ‘‘(A) that is eligible to receive funding 

24 under this subsection; or 


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1 ‘‘(B) for which the Secretary has approved 

2 the obligation of funds for any State under this 

3 section. 

4 ‘‘(4) TREATMENT OF PROJECTS.—Notwith5 standing any other provision of law, projects funded 

6 under this subsection shall be treated as projects on 

7 a Federal-aid system under this chapter.’’. 

8 SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PRO9 GRAM. 

10 (a) IN GENERAL.—Section 165 of title 23, United 

11 States Code, is amended to read as follows: 

12 ‘‘§ 165. Territorial and Puerto Rico highway program 

13 ‘‘(a) DIVISION OF FUNDS.—Of funds made available 

14 in a fiscal year for the territorial and Puerto Rico highway 

15 program— 

16 ‘‘(1) 75 percent shall be for the Puerto Rico 

17 highway program under subsection (b); and 

18 ‘‘(2) 25 percent shall be for the territorial high19 way program under subsection (c). 

20 ‘‘(b) PUERTO RICO HIGHWAY PROGRAM.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall allo22 cate funds made available to carry out this sub23 section to the Commonwealth of Puerto Rico to 

24 carry out a highway program in the Commonwealth. 


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1 ‘‘(2) TREATMENT OF FUNDS.—Amounts made 

2 available to carry out this subsection for a fiscal 

3 year shall be administered as follows: 

4 ‘‘(A) APPORTIONMENT.— 

5 ‘‘(i) IN GENERAL.—For the purpose 

6 of imposing any penalty under this title or 

7 title 49, the amounts shall be treated as 

8 being apportioned to Puerto Rico under 

9 sections 104(b) and 144 (as in effect for 

10 fiscal year 1997) for each program funded 

11 under those sections in an amount deter12 mined by multiplying— 

13 ‘‘(I) the aggregate of the 

14 amounts for the fiscal year; by 

15 ‘‘(II) the proportion that— 

16 ‘‘(aa) the amount of funds 

17 apportioned to Puerto Rico for 

18 each such program for fiscal year 

19 1997; bears to 

20 ‘‘(bb) the total amount of 

21 funds apportioned to Puerto Rico 

22 for all such programs for fiscal 

23 year 1997. 

24 ‘‘(ii) EXCEPTION.—Funds identified 

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1 tioned for the national highway system, the 

2 surface transportation program, and the 

3 Interstate maintenance program shall be 

4 deemed to have been apportioned 50 per5 cent for the national highway performance 

6 program and 50 percent the transportation 

7 mobility program for purposes of imposing 

8 such penalties. 

9 ‘‘(B) PENALTY.—The amounts treated as 

10 being apportioned to Puerto Rico under each 

11 section referred to in subparagraph (A) shall be 

12 deemed to be required to be apportioned to 

13 Puerto Rico under that section for purposes of 

14 the imposition of any penalty under this title or 

15 title 49. 

16 ‘‘(C) ELIGIBLE USES OF FUNDS.—Of 

17 amounts allocated to Puerto Rico for the Puer18 to Rico Highway Program for a fiscal year— 

19 ‘‘(i) at least 50 percent shall be avail20 able only for purposes eligible under sec21 tion 119; 

22 ‘‘(ii) at least 25 percent shall be avail23 able only for purposes eligible under sec24 tion 148; and 


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1 ‘‘(iii) any remaining funds may be ob2 ligated for activities eligible under chapter 

3 1. 

4 ‘‘(3) EFFECT ON APPORTIONMENTS.—Except 

5 as otherwise specifically provided, Puerto Rico shall 

6 not be eligible to receive funds apportioned to States 

7 under this title. 

8 ‘‘(c) TERRITORIAL HIGHWAY PROGRAM.— 

9 ‘‘(1) TERRITORY DEFINED.—In this subsection, 

10 the term ‘territory’ means any of the following terri11 tories of the United States: 

12 ‘‘(A) American Samoa. 

13 ‘‘(B) The Commonwealth of the Northern 

14 Mariana Islands. 

15 ‘‘(C) Guam. 

16 ‘‘(D) The United States Virgin Islands. 

17 ‘‘(2) PROGRAM.— 

18 ‘‘(A) IN GENERAL.—Recognizing the mu19 tual benefits that will accrue to the territories 

20 and the United States from the improvement of 

21 highways in the territories, the Secretary may 

22 carry out a program to assist each government 

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1 ways, and necessary inter-island connectors, 

2 that is— 

3 ‘‘(i) designated by the Governor or 

4 chief executive officer of each territory; 

5 and 

6 ‘‘(ii) approved by the Secretary. 

7 ‘‘(B) FEDERAL SHARE.—The Federal 

8 share of Federal financial assistance provided 

9 to territories under this subsection shall be in 

10 accordance with section 120(g). 

11 ‘‘(3) TECHNICAL ASSISTANCE.— 

12 ‘‘(A) IN GENERAL.—To continue a long13 range highway development program, the Sec14 retary may provide technical assistance to the 

15 governments of the territories to enable the ter16 ritories, on a continuing basis— 

17 ‘‘(i) to engage in highway planning; 

18 ‘‘(ii) to conduct environmental evalua19 tions; 

20 ‘‘(iii) to administer right-of-way acqui21 sition and relocation assistance programs; 

22 and 

23 ‘‘(iv) to design, construct, operate, 

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1 lector highways, including necessary inter2 island connectors. 

3 ‘‘(B) FORM AND TERMS OF ASSISTANCE.— 

4 Technical assistance provided under subpara5 graph (A), and the terms for the sharing of in6 formation among territories receiving the tech7 nical assistance, shall be included in the agree8 ment required by paragraph (5). 

9 ‘‘(4) NONAPPLICABILITY OF CERTAIN PROVI10 SIONS.— 

11 ‘‘(A) IN GENERAL.—Except to the extent 

12 that provisions of this chapter are determined 

13 by the Secretary to be inconsistent with the 

14 needs of the territories and the intent of this 

15 subsection, this chapter (other than provisions 

16 of this chapter relating to the apportionment 

17 and allocation of funds) shall apply to funds 

18 made available under this subsection. 

19 ‘‘(B) APPLICABLE PROVISIONS.—The 

20 agreement required by paragraph (5) for each 

21 territory shall identify the sections of this chap22 ter that are applicable to that territory and the 

23 extent of the applicability of those sections. 

24 ‘‘(5) AGREEMENT.— 


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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (D), none of the funds made 

3 available under this subsection shall be available 

4 for obligation or expenditure with respect to 

5 any territory until the chief executive officer of 

6 the territory has entered into an agreement (in7 cluding an agreement entered into under sec8 tion 215 as in effect on the day before the en9 actment of this section) with the Secretary pro10 viding that the government of the territory 

11 shall— 

12 ‘‘(i) implement the program in accord13 ance with applicable provisions of this 

14 chapter and paragraph (4); 

15 ‘‘(ii) design and construct a system of 

16 arterial and collector highways, including 

17 necessary inter-island connectors, in ac18 cordance with standards that are— 

19 ‘‘(I) appropriate for each terri20 tory; and 

21 ‘‘(II) approved by the Secretary; 

22 ‘‘(iii) provide for the maintenance of 

23 facilities constructed or operated under 

24 this subsection in a condition to adequately 


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1 serve the needs of present and future traf2 fic; and 

3 ‘‘(iv) implement standards for traffic 

4 operations and uniform traffic control de5 vices that are approved by the Secretary. 

6 ‘‘(B) TECHNICAL ASSISTANCE.—The 

7 agreement required by subparagraph (A) 

8 shall— 

9 ‘‘(i) specify the kind of technical as10 sistance to be provided under the program; 

11 ‘‘(ii) include appropriate provisions re12 garding information sharing among the 

13 territories; and 

14 ‘‘(iii) delineate the oversight role and 

15 responsibilities of the territories and the 

16 Secretary. 

17 ‘‘(C) REVIEW AND REVISION OF AGREE18 MENT.—The agreement entered into under sub19 paragraph (A) shall be reevaluated and, as nec20 essary, revised, at least every 2 years. 

21 ‘‘(D) EXISTING AGREEMENTS.—With re22 spect to an agreement under this subsection or 

23 an agreement entered into under section 215 of 

24 this title as in effect on the day before the date 

25 of enactment of this subsection— 


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1 ‘‘(i) the agreement shall continue in 

2 force until replaced by an agreement en3 tered into in accordance with subparagraph 

4 (A); and 

5 ‘‘(ii) amounts made available under 

6 this subsection under the existing agree7 ment shall be available for obligation or ex8 penditure so long as the agreement, or the 

9 existing agreement entered into under sub10 paragraph (A), is in effect. 

11 ‘‘(6) ELIGIBLE USES OF FUNDS.— 

12 ‘‘(A) IN GENERAL.—Funds made available 

13 under this subsection may be used only for the 

14 following projects and activities carried out in a 

15 territory: 

16 ‘‘(i) Eligible transportation mobility 

17 program projects described in section 

18 133(c). 

19 ‘‘(ii) Cost-effective, preventive mainte20 nance consistent with section 116(d). 

21 ‘‘(iii) Ferry boats, terminal facilities, 

22 and approaches, in accordance with sub23 sections (b) and (c) of section 129. 

24 ‘‘(iv) Engineering and economic sur25 veys and investigations for the planning, 


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1 and the financing, of future highway pro2 grams. 

3 ‘‘(v) Studies of the economy, safety, 

4 and convenience of highway use. 

5 ‘‘(vi) The regulation and equitable 

6 taxation of highway use. 

7 ‘‘(vii) Such research and development 

8 as are necessary in connection with the 

9 planning, design, and maintenance of the 

10 highway system. 

11 ‘‘(B) PROHIBITION ON USE OF FUNDS FOR

12 ROUTINE MAINTENANCE.—None of the funds 

13 made available under this subsection shall be 

14 obligated or expended for routine maintenance. 

15 ‘‘(7) LOCATION OF PROJECTS.—Territorial 

16 highway program projects (other than those de17 scribed in paragraphs (2), (4), (7), (8), (14), and 

18 (19) of section 133(c)) may not be undertaken on 

19 roads functionally classified as local.’’. 

20 (b) CONFORMING AMENDMENTS.— 

21 (1) CLERICAL AMENDMENT.—The analysis for 

22 chapter 1 of title 23, United States Code, is amend23 ed by striking the item relating to section 165 and 

24 inserting the following: 

‘‘165. Territorial and Puerto Rico highway program.’’. 


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1 (2) OBSOLETE TEXT.—Section 215 of that 

2 title, and the item relating to that section in the 

3 analysis for chapter 2, are repealed. 

4 SEC. 1115. NATIONAL FREIGHT PROGRAM. 

5 (a) IN GENERAL.—Chapter 1 of title 23, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘§ 167. National freight program 

9 ‘‘(a) NATIONAL FREIGHT PROGRAM.—It is the policy 

10 of the United States to improve the condition and per11 formance of the national freight network to ensure that 

12 the national freight network provides the foundation for 

13 the United States to compete in the global economy and 

14 achieve each goal described in subsection (b). 

15 ‘‘(b) GOALS.—The goals of the national freight pro16 gram are— 

17 ‘‘(1) to invest in infrastructure improvements 

18 and to implement operational improvements that— 

19 ‘‘(A) strengthen the contribution of the na20 tional freight network to the economic competi21 tiveness of the United States; 

22 ‘‘(B) reduce congestion; and 

23 ‘‘(C) increase productivity, particularly for 

24 domestic industries and businesses that create 

25 high-value jobs; 


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1 ‘‘(2) to reduce the environmental impacts of 

2 freight movement on the national freight network; 

3 ‘‘(3) to improve the safety, security, and resil4 ience of freight transportation; 

5 ‘‘(4) to improve the state of good repair of the 

6 national freight network; 

7 ‘‘(5) to use advanced technology to improve the 

8 safety and efficiency of the national freight network; 

9 ‘‘(6) to incorporate concepts of performance, in10 novation, competition, and accountability into the 

11 operation and maintenance of the national freight 

12 network; and 

13 ‘‘(7) to improve the economic efficiency of the 

14 national freight network. 

15 ‘‘(c) ESTABLISHMENT OF PROGRAM.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall estab17 lish and implement a national freight program in ac18 cordance with this section to strategically direct 

19 Federal resources toward improved system perform20 ance for efficient movement of freight on highways, 

21 including national highway system freight inter22 modal connectors and aerotropolis transportation 

23 systems. 

24 ‘‘(2) NETWORK COMPONENTS.—The national 

25 freight network shall consist of— 


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1 ‘‘(A) the primary freight network, as des2 ignated by the Secretary under subsection (f) 

3 (referred to in this section as the ‘primary 

4 freight network’) as most critical to the move5 ment of freight; 

6 ‘‘(B) the portions of the Interstate System 

7 not designated as part of the primary freight 

8 network; and 

9 ‘‘(C) critical rural freight corridors estab10 lished under subsection (g). 

11 ‘‘(d) USE OF APPORTIONED FUNDS.— 

12 ‘‘(1) PROJECTS ON THE NATIONAL FREIGHT

13 NETWORK.—At a minimum, following designation of 

14 the primary freight network under subsection (f), a 

15 State shall obligate funds apportioned under section 

16 104(b)(5) to improve the movement of freight on the 

17 national freight network. 

18 ‘‘(2) LOCATION OF PROJECTS.—A project car19 ried out using funds apportioned under paragraph 

20 (1) shall be located— 

21 ‘‘(A) on the primary freight network as de22 scribed under subsection (f); 

23 ‘‘(B) on a portion of the Interstate System 

24 not designated as primary freight network; 


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1 ‘‘(C) on roads off of the Interstate System 

2 or primary freight network, if that use of funds 

3 will provide— 

4 ‘‘(i) a more significant improvement 

5 to freight movement on the Interstate Sys6 tem or the primary freight network; or 

7 ‘‘(ii) critical freight access to the 

8 Interstate System or the primary freight 

9 network; 

10 ‘‘(D) on a national highway system freight 

11 intermodal connector; 

12 ‘‘(E) on critical rural freight corridors, as 

13 designated under subsection (g) (except that 

14 not more than 20 percent of the total antici15 pated apportionment of a State under section 

16 104(b)(5) during fiscal years 2012 and 2013 

17 may be used for projects on critical rural 

18 freight corridors); or 

19 ‘‘(F) within the boundaries of public and 

20 private intermodal facilities, but shall only in21 clude surface infrastructure necessary to facili22 tate direct intermodal interchange, transfer, 

23 and access into and out of the facility. 

24 ‘‘(3) PRIMARY FREIGHT NETWORK FUNDING.— 

25 Beginning for each fiscal year after the Secretary 


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1 designates the primary freight network, a State shall 

2 obligate from funds apportioned under section 

3 104(b)(5) for the primary freight network the lesser 

4 of— 

5 ‘‘(A) an amount equal to the product ob6 tained by multiplying— 

7 ‘‘(i) an amount equal to 110 percent 

8 of the apportionment of the State for the 

9 fiscal year under section 104(b)(5); and 

10 ‘‘(ii) the proportion that— 

11 ‘‘(I) the total designated primary 

12 freight network mileage of the State; 

13 bears to 

14 ‘‘(II) the sum of the designated 

15 primary freight network mileage of 

16 the State and the total Interstate sys17 tem mileage of the State that is not 

18 designated as part of the primary 

19 freight network; or 

20 ‘‘(B) an amount equal to the total appor21 tionment of the State under section 104(b)(5). 

22 ‘‘(e) ELIGIBILITY.— 

23 ‘‘(1) ELIGIBLE PROJECTS.—To be eligible for 

24 funding under this section, a project shall dem25 onstrate the improvement made by the project to the 


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1 efficient movement of freight on the national freight 

2 network. 

3 ‘‘(2) FREIGHT RAIL AND MARITIME

4 PROJECTS.— 

5 ‘‘(A) IN GENERAL.—A State may obligate 

6 an amount equal to not more than 10 percent 

7 of the total apportionment to the State under 

8 section 104(b)(5) over the period of fiscal years 

9 2012 and 2013 for public or private freight rail 

10 or maritime projects. 

11 ‘‘(B) ELIGIBILITY.—For a State to be eli12 gible to obligate funds in the manner described 

13 in subparagraph (A), the Secretary shall concur 

14 with the State that— 

15 ‘‘(i) the project for which the State 

16 seeks to obligate funds under this para17 graph would make significant improvement 

18 to freight movements on the national 

19 freight network; and 

20 ‘‘(ii) the public benefit of the 

21 project— 

22 ‘‘(I) exceeds the Federal invest23 ment; and 


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1 ‘‘(II) provides a better return 

2 than a highway project on a segment 

3 of the primary freight network. 

4 ‘‘(3) ELIGIBLE PROJECT COSTS.—A State may 

5 obligate funds apportioned to the State under sec6 tion 104(b)(5) for the national freight program for 

7 any of the following costs of an eligible project: 

8 ‘‘(A) Development phase activities, includ9 ing planning, feasibility analysis, revenue fore10 casting, environmental review, preliminary engi11 neering and design work, and other 

12 preconstruction activities. 

13 ‘‘(B) Construction, reconstruction, rehabili14 tation, acquisition of real property (including 

15 land relating to the project and improvements 

16 to land), construction contingencies, acquisition 

17 of equipment, and operational improvements di18 rectly relating to improving system perform19 ance, including but not limited to any segment 

20 of the primary freight network that falls below 

21 the minimum level established pursuant to sec22 tion 119(f). 

23 ‘‘(C) Intelligent transportation systems 

24 and other technology to improve the flow of 

25 freight. 


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1 ‘‘(D) Efforts to reduce the environmental 

2 impacts of freight movement on the national 

3 freight network. 

4 ‘‘(E) Environmental mitigation. 

5 ‘‘(F) Railway-highway grade separation. 

6 ‘‘(G) Geometric improvements to inter7 changes and ramps. 

8 ‘‘(H) Truck-only lanes. 

9 ‘‘(I) Climbing and runaway truck lanes. 

10 ‘‘(J) Adding or widening of shoulders. 

11 ‘‘(K) Truck parking facilities eligible for 

12 funding under section 1401 of the MAP–21. 

13 ‘‘(L) Real-time traffic, truck parking, 

14 roadway condition, and multimodal transpor15 tation information systems. 

16 ‘‘(M) Electronic screening and 

17 credentialing systems, including weigh-in-mo18 tion truck inspection technologies. 

19 ‘‘(N) Traffic signal optimization including 

20 synchronized and adaptive signals. 

21 ‘‘(O) Work zone management and informa22 tion systems. 

23 ‘‘(P) Highway ramp metering. 


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1 ‘‘(Q) Electronic cargo and border security 

2 technologies that improve truck freight move3 ment. 

4 ‘‘(R) Intelligent transportation systems 

5 that would increase truck freight efficiencies in6 side the boundaries of intermodal facilities. 

7 ‘‘(S) Any other activities to improve the 

8 flow of freight on the national freight network. 

9 ‘‘(4) OTHER ELIGIBLE COSTS.—In addition to 

10 eligible project costs, a State may use funds appor11 tioned under section 104(b)(5) for the necessary 

12 costs of conducting analyses and data collection to 

13 comply with subsection (i) or diesel retrofits or alter14 native fuel projects defined under section 149 for 

15 class 8 vehicles. 

16 ‘‘(5) ELIGIBLE PROJECT COSTS PRIOR TO DES17 IGNATION OF THE PRIMARY FREIGHT NETWORK.— 

18 Prior to the date of designation of the primary 

19 freight network, a State may obligate funds appor20 tioned to the State under section 104(b)(5) to im21 prove freight movement on the Interstate System 

22 for— 

23 ‘‘(A) construction, reconstruction, resur24 facing, restoration, and rehabilitation of seg25 ments of the Interstate System; 


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1 ‘‘(B) operational improvements for seg2 ments of the Interstate System; 

3 ‘‘(C) construction of, and operational im4 provements for, a Federal-aid highway not on 

5 the Interstate System, and construction of a 

6 transit project eligible for assistance under 

7 chapter 53 of title 49, United States Code, if— 

8 ‘‘(i) the highway or transit project is 

9 in the same corridor as, and in proximity 

10 to a highway designated as a part of, the 

11 Interstate System; 

12 ‘‘(ii) the construction or improvements 

13 would improve the level of service on the 

14 Interstate System described in subpara15 graph (A) and improve freight traffic flow; 

16 and 

17 ‘‘(iii) the construction or improve18 ments are more cost-effective for freight 

19 movement than an improvement to the 

20 Interstate System described in subpara21 graph (A); 

22 ‘‘(D) highway safety improvements for seg23 ments of the Interstate System; 

24 ‘‘(E) transportation planning in accordance 

25 with sections 134 and 135; 


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1 ‘‘(F) the costs of conducting analysis and 

2 data collection to comply with this section; 

3 ‘‘(G) truck parking facilities eligible for 

4 funding under section 1401 of the MAP–21; 

5 ‘‘(H) infrastructure-based intelligent trans6 portation systems capital improvements; 

7 ‘‘(I) environmental restoration and pollu8 tion abatement in accordance with section 328; 

9 and 

10 ‘‘(J) in accordance with all applicable Fed11 eral law (including regulations), participation in 

12 natural habitat and wetlands mitigation efforts 

13 relating to projects funded under this title, 

14 which may include participation in natural habi15 tat and wetlands mitigation banks, contribu16 tions to statewide and regional efforts to con17 serve, restore, enhance, and create natural habi18 tats and wetlands, and development of state19 wide and regional natural habitat and wetlands 

20 conservation and mitigation plans, including 

21 any such banks, efforts, and plans developed in 

22 accordance with applicable Federal law (includ23 ing regulations), on the conditions that— 

24 ‘‘(i) contributions to those mitigation 

25 efforts may— 


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1 ‘‘(I) take place concurrent with 

2 or in advance of project construction; 

3 and 

4 ‘‘(II) occur in advance of project 

5 construction only if the efforts are 

6 consistent with all applicable require7 ments of Federal law (including regu8 lations) and State transportation 

9 planning processes; and 

10 ‘‘(ii) with respect to participation in a 

11 natural habitat or wetland mitigation ef12 fort relating to a project funded under this 

13 title that has an impact that occurs within 

14 the service area of a mitigation bank, pref15 erence is given, to the maximum extent 

16 practicable, to the use of the mitigation 

17 bank if the bank contains sufficient avail18 able credits to offset the impact and the 

19 bank is approved in accordance with appli20 cable Federal law (including regulations). 

21 ‘‘(f) DESIGNATION OF PRIMARY FREIGHT NET22 WORK.— 

23 ‘‘(1) INITIAL DESIGNATION OF PRIMARY

24 FREIGHT NETWORK.— 


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1 ‘‘(A) DESIGNATION.—Not later than 1 

2 year after the date of enactment of this section, 

3 the Secretary shall designate a primary freight 

4 network— 

5 ‘‘(i) based on an inventory of national 

6 freight volume conducted by the Adminis7 trator of the Federal Highway Administra8 tion, in consultation with stakeholders, in9 cluding system users and transport pro10 viders; and 

11 ‘‘(ii) that shall be comprised of not 

12 more than 27,000 centerline miles of exist13 ing roadways that are most critical to the 

14 movement of freight. 

15 ‘‘(B) FACTORS FOR DESIGNATION.—In 

16 designating the primary freight network, the 

17 Secretary shall consider— 

18 ‘‘(i) the origins and destinations of 

19 freight movement in the United States; 

20 ‘‘(ii) the total freight tonnage moved 

21 by all modes of transportation; 

22 ‘‘(iii) the percentage of annual aver23 age daily truck traffic in the annual aver24 age daily traffic on principal arterials; 


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1 ‘‘(iv) the annual average daily truck 

2 traffic on principal arterials; 

3 ‘‘(v) land and maritime ports of entry; 

4 ‘‘(vi) population centers; and 

5 ‘‘(vii) network connectivity. 

6 ‘‘(2) ADDITIONAL MILES ON PRIMARY FREIGHT

7 NETWORK.—In addition to the miles initially des8 ignated under paragraph (1), the Secretary may in9 crease the number of miles designated as part of the 

10 primary freight network by not more than 3,000 ad11 ditional centerline miles of roadways (which may in12 clude existing or planned roads) critical to future ef13 ficient movement of goods on the primary freight 

14 network. 

15 ‘‘(3) REDESIGNATION OF PRIMARY FREIGHT

16 NETWORK.—During calendar year 2015 and every 

17 10 years thereafter, using the designation factors de18 scribed in paragraph (1), the Secretary shall redesig19 nate the primary freight network (including addi20 tional mileage described in subsection (f)(2)). 

21 ‘‘(g) CRITICAL RURAL FREIGHT CORRIDORS.—A 

22 State may designate a road within the borders of the State 

23 as a critical rural freight corridor if the road— 

24 ‘‘(1) is a rural principal arterial roadway and 

25 has a minimum of 25 percent of the annual average 


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1 daily traffic of the road measured in passenger vehi2 cle equivalent units from trucks (FHWA vehicle 

3 class 8 to 13); or 

4 ‘‘(2) connects the primary freight network or 

5 Interstate System to facilities that handle more 

6 than— 

7 ‘‘(A) 50,000 20-foot equivalent units per 

8 year; or 

9 ‘‘(B) 500,000 tons per year of bulk com10 modities. 

11 ‘‘(h) NATIONAL FREIGHT STRATEGIC PLAN.— 

12 ‘‘(1) INITIAL DEVELOPMENT OF NATIONAL

13 FREIGHT STRATEGIC PLAN.—Not later than 3 years 

14 after the date of enactment of this section, the Sec15 retary shall, in consultation with appropriate public 

16 and private transportation stakeholders, develop and 

17 post on the Department of Transportation public 

18 website a national freight strategic plan that shall 

19 include— 

20 ‘‘(A) an assessment of the condition and 

21 performance of the national freight network; 

22 ‘‘(B) an identification of highway bottle23 necks on the national freight network that cre24 ate significant freight congestion problems; 


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1 ‘‘(C) forecasts of freight volumes for the 

2 20-year period beginning in the year during 

3 which the plan is issued; 

4 ‘‘(D) an identification of major trade gate5 ways and national freight corridors that connect 

6 major population centers, trade gateways, and 

7 other major freight generators for current and 

8 forecasted traffic and freight volumes, the iden9 tification of which shall be revised, as appro10 priate, in subsequent plans; 

11 ‘‘(E) an assessment of statutory, regu12 latory, technological, institutional, financial, 

13 and other barriers to improved freight transpor14 tation performance (including opportunities for 

15 overcoming the barriers); 

16 ‘‘(F) best practices for improving the per17 formance of the national freight network; 

18 ‘‘(G) best practices to mitigate the impacts 

19 of freight movement on communities; 

20 ‘‘(H) a process for addressing multistate 

21 projects and encouraging jurisdictions to col22 laborate; and 

23 ‘‘(I) strategies to improve maritime, freight 

24 rail, and freight intermodal connectivity. 


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1 ‘‘(2) UPDATES TO NATIONAL FREIGHT STRA2 TEGIC PLAN.—Not later than 5 years after the date 

3 of completion of the first national freight strategic 

4 plan under paragraph (1), and every 5 years there5 after, the Secretary shall update and repost on the 

6 Department of Transportation public website a re7 vised national freight strategic plan. 

8 ‘‘(i) FREIGHT PERFORMANCE TARGETS.— 

9 ‘‘(1) RULEMAKING.—Not later than 2 years 

10 after the date of enactment of this section, the Sec11 retary, in consultation with State departments of 

12 transportation and other appropriate public and pri13 vate transportation stakeholders, shall publish a 

14 rulemaking that establishes quantifiable performance 

15 measures for freight movement on the primary 

16 freight network. 

17 ‘‘(2) STATE TARGETS AND REPORTING.—Not 

18 later than 1 year after the date on which the Sec19 retary publishes the rulemaking under paragraph 

20 (1), each State shall— 

21 ‘‘(A) develop and periodically update State 

22 performance targets for freight movement on 

23 the primary freight network— 

24 ‘‘(i) in consultation with appropriate 

25 public and private stakeholders; and 


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1 ‘‘(ii) using measures determined by 

2 the Secretary; and 

3 ‘‘(B) for every 2-year period, submit to the 

4 Secretary a report that contains a description 

5 of— 

6 ‘‘(i) the progress of the State toward 

7 meeting the targets; and 

8 ‘‘(ii) the ways in which the State is 

9 addressing congestion at freight bottle10 necks within the State. 

11 ‘‘(3) COMPLIANCE.— 

12 ‘‘(A) PERFORMANCE TARGETS.—To obli13 gate funding apportioned under section 

14 104(b)(5), each State shall develop performance 

15 targets in accordance with paragraph (2). 

16 ‘‘(B) DETERMINATION OF SECRETARY.—If 

17 the Secretary determines that a State has not 

18 met or made significant progress toward meet19 ing the performance targets of the State by the 

20 date that is 2 years after the date of establish21 ment of the performance targets, until the date 

22 on which the Secretary determines that the 

23 State has met (or has made significant progress 

24 towards meeting) the State performance tar25 gets, the State shall submit to the Secretary, on 


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1 a biennial basis, a freight performance improve2 ment plan that includes— 

3 ‘‘(i) an identification of significant 

4 freight system trends, needs, and issues 

5 within the State; 

6 ‘‘(ii) a description of the freight poli7 cies and strategies that will guide the 

8 freight-related transportation investments 

9 of the State; 

10 ‘‘(iii) an inventory of freight bottle11 necks within the State and a description of 

12 the ways in which the State is allocating 

13 funds to improve those bottlenecks; and 

14 ‘‘(iv) a description of the actions the 

15 State will undertake to meet the perform16 ance targets of the State. 

17 ‘‘(j) FREIGHT TRANSPORTATION CONDITIONS AND

18 PERFORMANCE REPORTS.—Not later than 2 years after 

19 the date of enactment of this section, and biennially there20 after, the Secretary shall prepare a report that contains 

21 a description of the conditions and performance of the na22 tional freight network in the United States. 

23 ‘‘(k) TRANSPORTATION INVESTMENT DATA AND

24 PLANNING TOOLS.— 


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1 ‘‘(1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this section, the Secretary 

3 shall— 

4 ‘‘(A) begin development of new tools and 

5 improvement of existing tools or improve exist6 ing tools to support an outcome-oriented, per7 formance-based approach to evaluate proposed 

8 freight-related and other transportation 

9 projects, including— 

10 ‘‘(i) methodologies for systematic 

11 analysis of benefits and costs; 

12 ‘‘(ii) tools for ensuring that the eval13 uation of freight-related and other trans14 portation projects could consider safety, 

15 economic competitiveness, environmental 

16 sustainability, and system condition in the 

17 project selection process; and 

18 ‘‘(iii) other elements to assist in effec19 tive transportation planning; 

20 ‘‘(B) identify transportation-related model 

21 data elements to support a broad range of eval22 uation methods and techniques to assist in 

23 making transportation investment decisions; 

24 and 


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1 ‘‘(C) at a minimum, in consultation with 

2 other relevant Federal agencies, consider any 

3 improvements to existing freight flow data col4 lection efforts that could reduce identified 

5 freight data gaps and deficiencies and help im6 prove forecasts of freight transportation de7 mand. 

8 ‘‘(2) CONSULTATION.—The Secretary shall con9 sult with Federal, State, and other stakeholders to 

10 develop, improve, and implement the tools and col11 lect the data in paragraph (1). 

12 ‘‘(l) DEFINITION OF AEROTROPOLIS TRANSPOR13 TATION SYSTEM.—For the purposes of this section, the 

14 term ‘aerotropolis transportation system’ means a planned 

15 and coordinated multimodal freight and passenger trans16 portation network that, as determined by the Secretary, 

17 provides efficient, cost-effective, sustainable, and inter18 modal connectivity to a defined region of economic signifi19 cance centered around a major airport. 

20 ‘‘(m) TREATMENT OF PROJECTS.—Notwithstanding 

21 any other provision of law, projects funded under this sec22 tion shall be treated as projects on a Federal-aid system 

23 under this chapter.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 1 of title 23, United States Code, is amended by 

3 adding at the end the following: 

‘‘167. National freight program.’’. 

4 SEC. 1116. FEDERAL LANDS AND TRIBAL TRANSPORTATION 

5 PROGRAMS. 

6 (a) IN GENERAL.—Chapter 2 of title 23, United 

7 States Code, is amended by striking sections 201 through 

8 204 and inserting the following: 

9 ‘‘§ 201. Federal lands and tribal transportation pro10 grams 

11 ‘‘(a) PURPOSE.—Recognizing the need for all public 

12 Federal and tribal transportation facilities to be treated 

13 under uniform policies similar to the policies that apply 

14 to Federal-aid highways and other public transportation 

15 facilities, the Secretary of Transportation, in collaboration 

16 with the Secretaries of the appropriate Federal land man17 agement agencies, shall coordinate a uniform policy for all 

18 public Federal and tribal transportation facilities that 

19 shall apply to Federal lands transportation facilities, tribal 

20 transportation facilities, and Federal lands access trans21 portation facilities. 

22 ‘‘(b) AVAILABILITY OF FUNDS.— 

23 ‘‘(1) AVAILABILITY.—Funds authorized for the 

24 tribal transportation program, the Federal lands 

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1 cess program shall be available for contract upon ap2 portionment, or on October 1 of the fiscal year for 

3 which the funds were authorized if no apportionment 

4 is required. 

5 ‘‘(2) AMOUNT REMAINING.—Any amount re6 maining unexpended for a period of 3 years after the 

7 close of the fiscal year for which the funds were au8 thorized shall lapse. 

9 ‘‘(3) OBLIGATIONS.—The Secretary of the de10 partment responsible for the administration of funds 

11 under this subsection may incur obligations, approve 

12 projects, and enter into contracts under such author13 izations, which shall be considered to be contractual 

14 obligations of the United States for the payment of 

15 the cost thereof, the funds of which shall be consid16 ered to have been expended when obligated. 

17 ‘‘(4) EXPENDITURE.— 

18 ‘‘(A) IN GENERAL.—Any funds authorized 

19 for any fiscal year after the date of enactment 

20 of this section under the Federal lands trans21 portation program, the Federal lands access 

22 program, and the tribal transportation program 

23 shall be considered to have been expended if a 

24 sum equal to the total of the sums authorized 


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1 for the fiscal year and previous fiscal years have 

2 been obligated. 

3 ‘‘(B) CREDITED FUNDS.—Any funds de4 scribed in subparagraph (A) that are released 

5 by payment of final voucher or modification of 

6 project authorizations shall be— 

7 ‘‘(i) credited to the balance of unobli8 gated authorizations; and 

9 ‘‘(ii) immediately available for expend10 iture. 

11 ‘‘(5) APPLICABILITY.—This section shall not 

12 apply to funds authorized before the date of enact13 ment of this paragraph. 

14 ‘‘(6) CONTRACTUAL OBLIGATION.— 

15 ‘‘(A) IN GENERAL.—Notwithstanding any 

16 other provision of law (including regulations), 

17 the authorization by the Secretary, or the Sec18 retary of the appropriate Federal land manage19 ment agency if the agency is the contracting of20 fice, of engineering and related work for the de21 velopment, design, and acquisition associated 

22 with a construction project, whether performed 

23 by contract or agreement authorized by law, or 

24 the approval by the Secretary of plans, speci25 fications, and estimates for construction of a 


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1 project, shall be considered to constitute a con2 tractual obligation of the Federal Government 

3 to pay the total eligible cost of— 

4 ‘‘(i) any project funded under this 

5 title; and 

6 ‘‘(ii) any project funded pursuant to 

7 agreements authorized by this title or any 

8 other title. 

9 ‘‘(B) EFFECT.—Nothing in this para10 graph— 

11 ‘‘(i) affects the application of the Fed12 eral share associated with the project being 

13 undertaken under this section; or 

14 ‘‘(ii) modifies the point of obligation 

15 associated with Federal salaries and ex16 penses. 

17 ‘‘(7) FEDERAL SHARE.— 

18 ‘‘(A) TRIBAL AND FEDERAL LANDS TRANS19 PORTATION PROGRAM.—The Federal share of 

20 the cost of a project carried out under the Fed21 eral lands transportation program or the tribal 

22 transportation program shall be 100 percent. 

23 ‘‘(B) FEDERAL LANDS ACCESS PRO24 GRAM.—The Federal share of the cost of a 

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1 cess program shall be determined in accordance 

2 with section 120. 

3 ‘‘(c) TRANSPORTATION PLANNING.— 

4 ‘‘(1) TRANSPORTATION PLANNING PROCE5 DURES.—In consultation with the Secretary of each 

6 appropriate Federal land management agency, the 

7 Secretary shall implement transportation planning 

8 procedures for Federal lands and tribal transpor9 tation facilities that are consistent with the planning 

10 processes required under sections 134 and 135. 

11 ‘‘(2) APPROVAL OF TRANSPORTATION IMPROVE12 MENT PROGRAM.—The transportation improvement 

13 program developed as a part of the transportation 

14 planning process under this section shall be ap15 proved by the Secretary. 

16 ‘‘(3) INCLUSION IN OTHER PLANS.—Each re17 gionally significant tribal transportation program, 

18 Federal lands transportation program, and Federal 

19 lands access program project shall be— 

20 ‘‘(A) developed in cooperation with State 

21 and metropolitan planning organizations; and 

22 ‘‘(B) included in appropriate tribal trans23 portation program plans, Federal lands trans24 portation program plans, Federal lands access 


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1 program plans, State and metropolitan plans, 

2 and transportation improvement programs. 

3 ‘‘(4) INCLUSION IN STATE PROGRAMS.—The ap4 proved tribal transportation program, Federal lands 

5 transportation program, and Federal lands access 

6 program transportation improvement programs shall 

7 be included in appropriate State and metropolitan 

8 planning organization plans and programs without 

9 further action on the transportation improvement 

10 program. 

11 ‘‘(5) ASSET MANAGEMENT.—The Secretary and 

12 the Secretary of each appropriate Federal land man13 agement agency shall, to the extent appropriate, im14 plement safety, bridge, pavement, and congestion 

15 management systems for facilities funded under the 

16 tribal transportation program and the Federal lands 

17 transportation program in support of asset manage18 ment. 

19 ‘‘(6) DATA COLLECTION.— 

20 ‘‘(A) DATA COLLECTION.—The Secretaries 

21 of the appropriate Federal land management 

22 agencies shall collect and report data necessary 

23 to implement the Federal lands transportation 

24 program, the Federal lands access program, 


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1 and the tribal transportation program, includ2 ing— 

3 ‘‘(i) inventory and condition informa4 tion on Federal lands transportation facili5 ties and tribal transportation facilities; and 

6 ‘‘(ii) bridge inspection and inventory 

7 information on any Federal bridge open to 

8 the public. 

9 ‘‘(B) STANDARDS.—The Secretary, in co10 ordination with the Secretaries of the appro11 priate Federal land management agencies, shall 

12 define the collection and reporting data stand13 ards. 

14 ‘‘(7) ADMINISTRATIVE EXPENSES.—To imple15 ment the activities described in this subsection, in16 cluding direct support of transportation planning ac17 tivities among Federal land management agencies, 

18 the Secretary may use not more than 5 percent for 

19 each fiscal year of the funds authorized for pro20 grams under sections 203 and 204. 

21 ‘‘(d) REIMBURSABLE AGREEMENTS.—In carrying out 

22 work under reimbursable agreements with any State, local, 

23 or tribal government under this title, the Secretary— 


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1 ‘‘(1) may, without regard to any other provision 

2 of law (including regulations), record obligations 

3 against accounts receivable from the entity; and 

4 ‘‘(2) shall credit amounts received from the en5 tity to the appropriate account, which shall occur 

6 not later than 90 days after the date of the original 

7 request by the Secretary for payment. 

8 ‘‘(e) TRANSFERS.— 

9 ‘‘(1) IN GENERAL.—To enable the efficient use 

10 of funds made available for the Federal lands trans11 portation program and the Federal lands access pro12 gram, the funds may be transferred by the Secretary 

13 within and between each program with the concur14 rence of, as appropriate— 

15 ‘‘(A) the Secretary; 

16 ‘‘(B) the affected Secretaries of the respec17 tive Federal land management agencies; 

18 ‘‘(C) State departments of transportation; 

19 and 

20 ‘‘(D) local government agencies. 

21 ‘‘(2) CREDIT.—The funds described in para22 graph (1) shall be credited back to the loaning entity 

23 with funds that are currently available for obligation 

24 at the time of the credit. 


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1 ‘‘§ 202. Tribal transportation program 

2 ‘‘(a) USE OF FUNDS.— 

3 ‘‘(1) IN GENERAL.—Funds made available 

4 under the tribal transportation program shall be 

5 used by the Secretary of Transportation and the 

6 Secretary of the Interior to pay the costs of— 

7 ‘‘(A)(i) transportation planning, research, 

8 maintenance, engineering, rehabilitation, res9 toration, construction, and reconstruction of 

10 tribal transportation facilities; 

11 ‘‘(ii) adjacent vehicular parking areas; 

12 ‘‘(iii) interpretive signage; 

13 ‘‘(iv) acquisition of necessary scenic ease14 ments and scenic or historic sites; 

15 ‘‘(v) provisions for pedestrians and bicy16 cles; 

17 ‘‘(vi) environmental mitigation in or adja18 cent to tribal land— 

19 ‘‘(I) to improve public safety and re20 duce vehicle-caused wildlife mortality while 

21 maintaining habitat connectivity; and 

22 ‘‘(II) to mitigate the damage to wild23 life, aquatic organism passage, habitat, 

24 and ecosystem connectivity, including the 

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1 ing, or removing culverts and bridges, as 

2 appropriate; 

3 ‘‘(vii) construction and reconstruction of 

4 roadside rest areas, including sanitary and 

5 water facilities; and 

6 ‘‘(viii) other appropriate public road facili7 ties as determined by the Secretary; 

8 ‘‘(B) operation and maintenance of transit 

9 programs and facilities that are located on, or 

10 provide access to, tribal land, or are adminis11 tered by a tribal government; and 

12 ‘‘(C) any transportation project eligible for 

13 assistance under this title that is located within, 

14 or that provides access to, tribal land, or is as15 sociated with a tribal government. 

16 ‘‘(2) CONTRACT.—In connection with an activ17 ity described in paragraph (1), the Secretary and the 

18 Secretary of the Interior may enter into a contract 

19 or other appropriate agreement with respect to the 

20 activity with— 

21 ‘‘(A) a State (including a political subdivi22 sion of a State); or 

23 ‘‘(B) an Indian tribe. 

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1 tions as may be promulgated by the Secretary of the 

2 Interior, to carry out any construction or other ac3 tivity described in paragraph (1). 

4 ‘‘(4) FEDERAL EMPLOYMENT.—No maximum 

5 limitation on Federal employment shall be applicable 

6 to the construction or improvement of tribal trans7 portation facilities. 

8 ‘‘(5) FUNDS FOR CONSTRUCTION AND IMPROVE9 MENT.—All funds made available for the construc10 tion and improvement of tribal transportation facili11 ties shall be administered in conformity with regula12 tions and agreements jointly approved by the Sec13 retary and the Secretary of the Interior. 

14 ‘‘(6) ADMINISTRATIVE EXPENSES.— 

15 ‘‘(A) IN GENERAL.—Of the funds author16 ized to be appropriated for the tribal transpor17 tation program, not more than 6 percent may 

18 be used by the Secretary or the Secretary of the 

19 Interior for program management and oversight 

20 and project-related administrative expenses. 

21 ‘‘(B) RESERVATION OF FUNDS.—The Sec22 retary of the Interior may reserve amounts 

23 from administrative funds of the Bureau of In24 dian Affairs that are associated with the tribal 


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1 transportation program to fund tribal technical 

2 assistance centers under section 504(b). 

3 ‘‘(7) MAINTENANCE.— 

4 ‘‘(A) USE OF FUNDS.—Notwithstanding 

5 any other provision of this title, of the amount 

6 of funds allocated to an Indian tribe from the 

7 tribal transportation program, for the purpose 

8 of maintenance (excluding road sealing, which 

9 shall not be subject to any limitation), the Sec10 retary shall not use an amount more than the 

11 greater of— 

12 ‘‘(i) an amount equal to 25 percent; 

13 or 

14 ‘‘(ii) $500,000. 

15 ‘‘(B) RESPONSIBILITY OF BUREAU OF IN16 DIAN AFFAIRS AND SECRETARY OF THE INTE17 RIOR.— 

18 ‘‘(i) BUREAU OF INDIAN AFFAIRS.— 

19 The Bureau of Indian Affairs shall retain 

20 primary responsibility, including annual 

21 funding request responsibility, for Bureau 

22 of Indian Affairs road maintenance pro23 grams on Indian reservations. 

24 ‘‘(ii) SECRETARY OF THE INTERIOR.— 

25 The Secretary of the Interior shall ensure 


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1 that funding made available under this 

2 subsection for maintenance of tribal trans3 portation facilities for each fiscal year is 

4 supplementary to, and not in lieu of, any 

5 obligation of funds by the Bureau of In6 dian Affairs for road maintenance pro7 grams on Indian reservations. 

8 ‘‘(C) TRIBAL-STATE ROAD MAINTENANCE

9 AGREEMENTS.— 

10 ‘‘(i) IN GENERAL.—An Indian tribe 

11 and a State may enter into a road mainte12 nance agreement under which an Indian 

13 tribe shall assume the responsibility of the 

14 State for— 

15 ‘‘(I) tribal transportation facili16 ties; and 

17 ‘‘(II) roads providing access to 

18 tribal transportation facilities. 

19 ‘‘(ii) REQUIREMENTS.—Agreements 

20 entered into under clause (i) shall— 

21 ‘‘(I) be negotiated between the 

22 State and the Indian tribe; and 

23 ‘‘(II) not require the approval of 

24 the Secretary. 

25 ‘‘(8) COOPERATION.— 


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1 ‘‘(A) IN GENERAL.—The cooperation of 

2 States, counties, or other local subdivisions may 

3 be accepted in construction and improvement. 

4 ‘‘(B) FUNDS RECEIVED.—Any funds re5 ceived from a State, county, or local subdivision 

6 shall be credited to appropriations available for 

7 the tribal transportation program. 

8 ‘‘(9) COMPETITIVE BIDDING.— 

9 ‘‘(A) CONSTRUCTION.— 

10 ‘‘(i) IN GENERAL.—Subject to clause 

11 (ii) and subparagraph (B), construction of 

12 each project shall be performed by contract 

13 awarded by competitive bidding. 

14 ‘‘(ii) EXCEPTION.—Clause (i) shall 

15 not apply if the Secretary or the Secretary 

16 of the Interior affirmatively finds that, 

17 under the circumstances relating to the 

18 project, a different method is in the public 

19 interest. 

20 ‘‘(B) APPLICABILITY.—Notwithstanding 

21 subparagraph (A), section 23 of the Act of 

22 June 25, 1910 (25 U.S.C. 47) and section 7(b) 

23 of the Indian Self-Determination and Education 

24 Assistance Act (25 U.S.C. 450e(b)) shall apply 

25 to all funds administered by the Secretary of 


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1 the Interior that are appropriated for the con2 struction and improvement of tribal transpor3 tation facilities. 

4 ‘‘(b) FUNDS DISTRIBUTION.— 

5 ‘‘(1) NATIONAL TRIBAL TRANSPORTATION FA6 CILITY INVENTORY.— 

7 ‘‘(A) IN GENERAL.—The Secretary of the 

8 Interior, in cooperation with the Secretary, shall 

9 maintain a comprehensive national inventory of 

10 tribal transportation facilities that are eligible 

11 for assistance under the tribal transportation 

12 program. 

13 ‘‘(B) TRANSPORTATION FACILITIES IN14 CLUDED IN THE INVENTORY.—For purposes of 

15 identifying the tribal transportation system and 

16 determining the relative transportation needs 

17 among Indian tribes, the Secretary shall in18 clude, at a minimum, transportation facilities 

19 that are eligible for assistance under the tribal 

20 transportation program that an Indian tribe 

21 has requested, including facilities that— 

22 ‘‘(i) were included in the Bureau of 

23 Indian Affairs system inventory prior to 

24 October 1, 2004; 


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1 ‘‘(ii) are owned by an Indian tribal 

2 government; 

3 ‘‘(iii) are owned by the Bureau of In4 dian Affairs; 

5 ‘‘(iv) were constructed or recon6 structed with funds from the Highway Ac7 count of the Transportation Trust Fund 

8 under the Indian reservation roads pro9 gram since 1983; 

10 ‘‘(v) are public roads or bridges within 

11 the exterior boundary of Indian reserva12 tions, Alaska Native villages, and other 

13 recognized Indian communities (including 

14 communities in former Indian reservations 

15 in the State of Oklahoma) in which the 

16 majority of residents are American Indians 

17 or Alaska Natives; or 

18 ‘‘(vi) are primary access routes pro19 posed by tribal governments, including 

20 roads between villages, roads to landfills, 

21 roads to drinking water sources, roads to 

22 natural resources identified for economic 

23 development, and roads that provide access 

24 to intermodal terminals, such as airports, 

25 harbors, or boat landings. 


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1 ‘‘(C) LIMITATION ON PRIMARY ACCESS

2 ROUTES.—For purposes of this paragraph, a 

3 proposed primary access route is the shortest 

4 practicable route connecting 2 points of the pro5 posed route. 

6 ‘‘(D) ADDITIONAL FACILITIES.—Nothing 

7 in this paragraph precludes the Secretary from 

8 including additional transportation facilities 

9 that are eligible for funding under the tribal 

10 transportation program in the inventory used 

11 for the national funding allocation if such addi12 tional facilities are included in the inventory in 

13 a uniform and consistent manner nationally. 

14 ‘‘(E) BRIDGES.—All bridges in the inven15 tory shall be recorded in the national bridge in16 ventory administered by the Secretary under 

17 section 144. 

18 ‘‘(2) REGULATIONS.—Notwithstanding sections 

19 563(a) and 565(a) of title 5, the Secretary of the In20 terior shall maintain any regulations governing the 

21 tribal transportation program. 

22 ‘‘(3) BASIS FOR FUNDING FORMULA.— 

23 ‘‘(A) BASIS.— 

24 ‘‘(i) IN GENERAL.—After making the 

25 set asides authorized under subsections 


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1 (a)(6), (c), (d), and (e) on October 1 of 

2 each fiscal year, the Secretary shall dis3 tribute the remainder authorized to be ap4 propriated for the tribal transportation 

5 program under this section among Indian 

6 tribes as follows: 

7 ‘‘(I) For fiscal year 2012— 

8 ‘‘(aa) 50 percent, equal to 

9 the ratio that the amount allo10 cated to each tribe for fiscal year 

11 2011 bears to the total amount 

12 allocated to all tribes for that fis13 cal year; and 

14 ‘‘(bb) the remainder using 

15 tribal shares as described in sub16 paragraphs (B) and (C). 

17 ‘‘(II) For fiscal year 2013 and 

18 thereafter, using tribal shares as de19 scribed in subparagraphs (B) and (C). 

20 ‘‘(ii) TRIBAL HIGH PRIORITY

21 PROJECTS.—The High Priority Projects 

22 program as included in the Tribal Trans23 portation Allocation Methodology of part 

24 170 of title 25, Code of Federal Regula25 tions (as in effect on the date of enactment 


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1 of the MAP–21), shall not continue in ef2 fect. 

3 ‘‘(B) TRIBAL SHARES.—Tribal shares 

4 under this program shall be determined using 

5 the national tribal transportation facility inven6 tory as calculated for fiscal year 2012, and the 

7 most recent data on American Indian and Alas8 ka Native population within each Indian tribe’s 

9 American Indian/Alaska Native Reservation or 

10 Statistical Area, as computed under the Native 

11 American Housing Assistance and Self-Deter12 mination Act of 1996 (25 U.S.C. 4101 et seq.), 

13 in the following manner: 

14 ‘‘(i) 20 percent in the ratio that the 

15 total eligible lane mileage in each tribe 

16 bears to the total eligible lane mileage of 

17 all American Indians and Alaskan Natives. 

18 For the purposes of this calculation— 

19 ‘‘(I) eligible lane mileage shall be 

20 computed based on the inventory de21 scribed in paragraph (1), using only 

22 facilities included in the inventory de23 scribed in clause (i), (ii), or (iii) of 

24 paragraph (1)(B); and 


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1 ‘‘(II) paved roads and gravel sur2 faced roads are deemed to equal 2 

3 lane miles per mile of inventory, and 

4 earth surfaced roads and unimproved 

5 roads shall be deemed to equal 1 lane 

6 mile per mile of inventory. 

7 ‘‘(ii) 40 percent in the ratio that the 

8 total population in each tribe bears to the 

9 total population of all American Indians 

10 and Alaskan Natives. 

11 ‘‘(iii) 40 percent shall be divided 

12 equally among each Bureau of Indian Af13 fairs region for distribution of tribal shares 

14 as follows: 

‘‘(I) 1 15 ⁄4 of 1 percent shall be dis16 tributed equally among Indian tribes 

17 with populations of 1 to 25. 

‘‘(II) 3 18 ⁄4 of 1 percent shall be dis19 tributed equally among Indian tribes 

20 with populations of 26 to 100. 

‘‘(III) 33 21 ⁄4 percent shall be dis22 tributed equally among Indian tribes 

23 with populations of 101 to 1,000. 


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1 ‘‘(IV) 20 percent shall be distrib2 uted equally among Indian tribes with 

3 populations of 1,001 to 10,000. 

‘‘(V) 743 4 ⁄4 percent shall be dis5 tributed equally among Indian tribes 

6 with populations of 10,001 to 60,000 

7 where 3 or more Indian tribes occupy 

8 this category in a single Bureau of In9 dian Affairs region, and Bureau of In10 dian Affairs regions containing less 

11 than 3 Indian tribes in this category 

12 shall receive funding in accordance 

13 with subclause (IV) and clause (iv). 

‘‘(VI) 1 14 ⁄2 of 1 percent shall be 

15 distributed equally among Indian 

16 tribes with populations of 60,001 or 

17 more. 

18 ‘‘(iv) For a Bureau of Indian Affairs 

19 region that has no Indian tribes meeting 

20 the population criteria under 1 or more of 

21 subclauses (I) through (VI) of clause (iii), 

22 the region shall redistribute any funds sub23 ject to such clause or clauses among any 

24 such clauses for which the region has In25 dian tribes meeting such criteria proporVerDate Mar 15 2010 00:52 Nov 08, 2011 Jkt 099200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.IS S1813

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1 tionally in accordance with the percentages 

2 listed in such clauses until such funds are 

3 completely distributed. 

4 ‘‘(C) TRIBAL SUPPLEMENTAL FUNDING.— 

5 ‘‘(i) TRIBAL SUPPLEMENTAL FUNDING

6 AMOUNT.—Of funds made available for 

7 each fiscal year for the tribal transpor8 tation program, the Secretary shall set 

9 aside the following amount for a tribal 

10 supplemental program: 

11 ‘‘(I) If the amount made avail12 able for the tribal transportation pro13 gram is less than or equal to 

14 $275,000,000, 10 percent of such 

15 amount. 

16 ‘‘(II) If the amount made avail17 able for the tribal transportation pro18 gram exceeds $275,000,000— 

19 ‘‘(aa) $27,500,000; plus 

20 ‘‘(bb) 12.5 percent of the 

21 amount made available for the 

22 tribal transportation program in 

23 excess of $275,000,000. 


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1 ‘‘(ii) TRIBAL SUPPLEMENTAL ALLOCA2 TION.—The Secretary shall distribute trib3 al supplemental funds as follows: 

4 ‘‘(I) DISTRIBUTION AMONG RE5 GIONS.—Of the amounts set aside 

6 under clause (i), the Secretary shall 

7 distribute to each region of the Bu8 reau of Indian Affairs a share of trib9 al supplemental funds in proportion to 

10 the regional total of tribal shares 

11 based on the cumulative tribal shares 

12 of all Indian tribes within such region 

13 under subparagraph (B). 

14 ‘‘(II) DISTRIBUTION WITHIN A

15 REGION.—Of the amount that a re16 gion receives under subclause (I), the 

17 Secretary shall distribute tribal sup18 plemental funding among Indian 

19 tribes within such region as follows: 

20 ‘‘(aa) TRIBAL SUPPLE21 MENTAL AMOUNTS.—The Sec22 retary shall determine— 

23 ‘‘(AA) which such In24 dian tribes would be entitled 

25 under subparagraph (A) to 


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1 receive in a fiscal year less 

2 funding than they would re3 ceive in fiscal year 2011 

4 pursuant to the Tribal 

5 Transportation Allocation 

6 Methodology described in 

7 subpart C of part 170 of 

8 title 25, Code of Federal 

9 Regulations (as in effect on 

10 the date of enactment of the 

11 MAP–21); and 

12 ‘‘(BB) the combined 

13 amount that such Indian 

14 tribes would be entitled to 

15 receive in fiscal year 2011 

16 pursuant to such Tribal 

17 Transportation Allocation 

18 Methodology in excess of the 

19 amount that they would be 

20 entitled to receive in the fis21 cal year under subparagraph 

22 (B); and 

23 ‘‘(bb) Subject to subclause 

24 (III), distribute to each Indian 

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1 scribed in item (aa)(AA) a share 

2 of funding under this subpara3 graph in proportion to the share 

4 of the combined amount deter5 mined under item (aa)(BB) at6 tributable to such Indian tribe. 

7 ‘‘(III) CEILING.—An Indian tribe 

8 may not receive under subclause (II) 

9 and based on its tribal share under 

10 subparagraph (A) a combined amount 

11 that exceeds the amount that such In12 dian tribe would be entitled to receive 

13 in fiscal year 2011 pursuant to the 

14 Tribal Transportation Allocation 

15 Methodology described in subpart C of 

16 part 170 of title 25, Code of Federal 

17 Regulations (as in effect on the date 

18 of enactment of the MAP–21). 

19 ‘‘(IV) OTHER AMOUNTS.—If the 

20 amount made available for a region 

21 under subclause (I) exceeds the 

22 amount distributed among Indian 

23 tribes within that region under sub24 clause (II), the Secretary shall dis25 tribute the remainder of such region’s 


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1 funding under such subclause among 

2 all Indian tribes in that region in pro3 portion to the combined amount that 

4 each such Indian tribe received under 

5 subparagraph (A) and subclauses (I), 

6 (II), and (III). 

7 ‘‘(4) TRANSFERRED FUNDS.— 

8 ‘‘(A) IN GENERAL.—Not later than 30 

9 days after the date on which funds are made 

10 available to the Secretary of the Interior under 

11 this paragraph, the funds shall be distributed 

12 to, and made available for immediate use by, el13 igible Indian tribes, in accordance with the for14 mula for distribution of funds under the tribal 

15 transportation program. 

16 ‘‘(B) USE OF FUNDS.—Notwithstanding 

17 any other provision of this section, funds made 

18 available to Indian tribes for tribal transpor19 tation facilities shall be expended on projects 

20 identified in a transportation improvement pro21 gram approved by the Secretary. 

22 ‘‘(5) HEALTH AND SAFETY ASSURANCES.—Not23 withstanding any other provision of law, an Indian 

24 tribal government may approve plans, specifications, 

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1 struction with funds made available from the tribal 

2 transportation program through a contract or agree3 ment under Indian Self-Determination and Edu4 cation Assistance Act (25 U.S.C. 450 et seq.), if the 

5 Indian tribal government— 

6 ‘‘(A) provides assurances in the contract or 

7 agreement that the construction will meet or ex8 ceed applicable health and safety standards; 

9 ‘‘(B) obtains the advance review of the 

10 plans and specifications from a State-licensed 

11 civil engineer that has certified that the plans 

12 and specifications meet or exceed the applicable 

13 health and safety standards; and 

14 ‘‘(C) provides a copy of the certification 

15 under subparagraph (A) to the Deputy Assist16 ant Secretary for Tribal Government Affairs, 

17 Department of Transportation, or the Assistant 

18 Secretary for Indian Affairs, Department of the 

19 Interior, as appropriate. 

20 ‘‘(6) CONTRACTS AND AGREEMENTS WITH IN21 DIAN TRIBES.— 

22 ‘‘(A) IN GENERAL.—Notwithstanding any 

23 other provision of law or any interagency agree24 ment, program guideline, manual, or policy di25 rective, all funds made available through the 


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1 Secretary of the Interior under this chapter and 

2 section 125(e) for tribal transportation facilities 

3 to pay for the costs of programs, services, func4 tions, and activities, or portions of programs, 

5 services, functions, or activities, that are specifi6 cally or functionally related to the cost of plan7 ning, research, engineering, and construction of 

8 any tribal transportation facility shall be made 

9 available, upon request of the Indian tribal gov10 ernment, to the Indian tribal government for 

11 contracts and agreements for such planning, re12 search, engineering, and construction in accord13 ance with Indian Self-Determination and Edu14 cation Assistance Act (25 U.S.C. 450 et seq.). 

15 ‘‘(B) EXCLUSION OF AGENCY PARTICIPA16 TION.—All funds, including contract support 

17 costs, for programs, functions, services, or ac18 tivities, or portions of programs, services, func19 tions, or activities, including supportive admin20 istrative functions that are otherwise 

21 contractible to which subparagraph (A) applies, 

22 shall be paid in accordance with subparagraph 

23 (A), without regard to the organizational level 

24 at which the Department of the Interior has 


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1 previously carried out such programs, functions, 

2 services, or activities. 

3 ‘‘(7) CONTRACTS AND AGREEMENTS WITH IN4 DIAN TRIBES.— 

5 ‘‘(A) IN GENERAL.—Notwithstanding any 

6 other provision of law or any interagency agree7 ment, program guideline, manual, or policy di8 rective, all funds made available through the 

9 Secretary of the Interior to an Indian tribal 

10 government under this chapter for a tribal 

11 transportation facility program or project shall 

12 be made available, on the request of the Indian 

13 tribal government, to the Indian tribal govern14 ment for use in carrying out, in accordance 

15 with the Indian Self-Determination and Edu16 cation Assistance Act (25 U.S.C. 450 et seq.), 

17 contracts and agreements for the planning, re18 search, design, engineering, construction, and 

19 maintenance relating to the program or project. 

20 ‘‘(B) EXCLUSION OF AGENCY PARTICIPA21 TION.—In accordance with subparagraph (A), 

22 all funds, including contract support costs, for 

23 a program or project to which subparagraph 

24 (A) applies shall be paid to the Indian tribal 

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1 tional level at which the Department of the In2 terior has previously carried out, or the Depart3 ment of Transportation has previously carried 

4 out under the tribal transportation program, 

5 the programs, functions, services, or activities 

6 involved. 

7 ‘‘(C) CONSORTIA.—Two or more Indian 

8 tribes that are otherwise eligible to participate 

9 in a program or project to which this chapter 

10 applies may form a consortium to be considered 

11 as a single Indian tribe for the purpose of par12 ticipating in the project under this section. 

13 ‘‘(D) SECRETARY AS SIGNATORY.—Not14 withstanding any other provision of law, the 

15 Secretary is authorized to enter into a funding 

16 agreement with an Indian tribal government to 

17 carry out a tribal transportation facility pro18 gram or project under subparagraph (A) that is 

19 located on an Indian reservation or provides ac20 cess to the reservation or a community of the 

21 Indian tribe. 

22 ‘‘(E) FUNDING.—The amount an Indian 

23 tribal government receives for a program or 

24 project under subparagraph (A) shall equal the 

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1 ernment would otherwise receive for the pro2 gram or project in accordance with the funding 

3 formula established under this subsection and 

4 such additional amounts as the Secretary deter5 mines equal the amounts that would have been 

6 withheld for the costs of the Bureau of Indian 

7 Affairs for administration of the program or 

8 project. 

9 ‘‘(F) ELIGIBILITY.— 

10 ‘‘(i) IN GENERAL.—Subject to clause 

11 (ii) and the approval of the Secretary, 

12 funds may be made available under sub13 paragraph (A) to an Indian tribal govern14 ment for a program or project in a fiscal 

15 year only if the Indian tribal government 

16 requesting such funds demonstrates to the 

17 satisfaction of the Secretary financial sta18 bility and financial management capability 

19 during the 3 fiscal years immediately pre20 ceding the fiscal year for which the request 

21 is being made. 

22 ‘‘(ii) CONSIDERATIONS.—An Indian 

23 tribal government that had no uncorrected 

24 significant and material audit exceptions in 

25 the required annual audit of the contracts 


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1 or self-governance funding agreements 

2 made by the Indian tribe with any Federal 

3 agency under the Indian Self-Determina4 tion and Education Assistance Act (25 

5 U.S.C. 450 et seq.) during the 3-fiscal year 

6 period referred in clause (i) shall be con7 clusive evidence of the financial stability 

8 and financial management capability of the 

9 Indian tribe for purposes of clause (i). 

10 ‘‘(G) ASSUMPTION OF FUNCTIONS AND DU11 TIES.—An Indian tribal government receiving 

12 funding under subparagraph (A) for a program 

13 or project shall assume all functions and duties 

14 that the Secretary of the Interior would have 

15 performed with respect to a program or project 

16 under this chapter, other than those functions 

17 and duties that inherently cannot be legally 

18 transferred under the Indian Self-Determina19 tion and Education Assistance Act (25 U.S.C. 

20 450 et seq.). 

21 ‘‘(H) POWERS.—An Indian tribal govern22 ment receiving funding under subparagraph (A) 

23 for a program or project shall have all powers 

24 that the Secretary of the Interior would have 

25 exercised in administering the funds transferred 


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1 to the Indian tribal government for such pro2 gram or project under this section if the funds 

3 had not been transferred, except to the extent 

4 that such powers are powers that inherently 

5 cannot be legally transferred under the Indian 

6 Self-Determination and Education Assistance 

7 Act (25 U.S.C. 450 et seq.). 

8 ‘‘(I) DISPUTE RESOLUTION.—In the event 

9 of a disagreement between the Secretary or the 

10 Secretary of the Interior and an Indian tribe 

11 over whether a particular function, duty, or 

12 power may be lawfully transferred to the Indian 

13 tribe under the Indian Self-Determination and 

14 Education Assistance Act (25 U.S.C. 450 et 

15 seq.), the Indian tribe shall have the right to 

16 pursue all alternative dispute resolution and ap17 peal procedures authorized by that Act, includ18 ing regulations issued to carry out the Act. 

19 ‘‘(J) TERMINATION OF CONTRACT OR

20 AGREEMENT.—On the date of the termination 

21 of a contract or agreement under this section 

22 by an Indian tribal government, the Secretary 

23 shall transfer all funds that would have been al24 located to the Indian tribal government under 

25 the contract or agreement to the Secretary of 


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1 the Interior to provide continued transportation 

2 services in accordance with applicable law. 

3 ‘‘(c) PLANNING.— 

4 ‘‘(1) IN GENERAL.—For each fiscal year, not 

5 more than 2 percent of the funds made available for 

6 the tribal transportation program shall be allocated 

7 among Indian tribal governments that apply for 

8 transportation planning pursuant to the Indian Self9 Determination and Education Assistance Act (25 

10 U.S.C. 450 et seq.). 

11 ‘‘(2) REQUIREMENT.—An Indian tribal govern12 ment, in cooperation with the Secretary of the Inte13 rior and, as appropriate, with a State, local govern14 ment, or metropolitan planning organization, shall 

15 carry out a transportation planning process in ac16 cordance with section 201(c). 

17 ‘‘(3) SELECTION AND APPROVAL OF

18 PROJECTS.—A project funded under this section 

19 shall be— 

20 ‘‘(A) selected by the Indian tribal govern21 ment from the transportation improvement pro22 gram; and 

23 ‘‘(B) subject to the approval of the Sec24 retary of the Interior and the Secretary. 


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1 ‘‘(d) TRIBAL TRANSPORTATION FACILITY

2 BRIDGES.— 

3 ‘‘(1) NATIONWIDE PRIORITY PROGRAM.—The 

4 Secretary shall maintain a nationwide priority pro5 gram for improving deficient bridges eligible for the 

6 tribal transportation program. 

7 ‘‘(2) FUNDING.—Before making any distribu8 tion under subsection (b), the Secretary shall set 

9 aside not more than 2 percent of the funds made 

10 available under the tribal transportation program for 

11 each fiscal year to be allocated— 

12 ‘‘(A) to carry out any planning, design, en13 gineering, preconstruction, construction, and in14 spection of a project to replace, rehabilitate, 

15 seismically retrofit, paint, apply calcium magne16 sium acetate, sodium acetate/formate, or other 

17 environmentally acceptable, minimally corrosive 

18 anti-icing and deicing composition; or 

19 ‘‘(B) to implement any countermeasure for 

20 deficient tribal transportation facility bridges, 

21 including multiple-pipe culverts. 

22 ‘‘(3) ELIGIBLE BRIDGES.—To be eligible to re23 ceive funding under this subsection, a bridge de24 scribed in paragraph (1) shall— 


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1 ‘‘(A) have an opening of not less than 20 

2 feet; 

3 ‘‘(B) be classified as a tribal transpor4 tation facility; and 

5 ‘‘(C) be structurally deficient or function6 ally obsolete. 

7 ‘‘(4) APPROVAL REQUIREMENT.—The Secretary 

8 may make funds available under this subsection for 

9 preliminary engineering, construction, and construc10 tion engineering activities after approval of required 

11 documentation and verification of eligibility in ac12 cordance with this title. 

13 ‘‘(e) SAFETY.— 

14 ‘‘(1) FUNDING.—Before making any distribu15 tion under subsection (b), the Secretary shall set 

16 aside not more than 2 percent of the funds made 

17 available under the tribal transportation program for 

18 each fiscal year to be allocated based on an identi19 fication and analysis of highway safety issues and 

20 opportunities on tribal land, as determined by the 

21 Secretary, on application of the Indian tribal govern22 ments for eligible projects described in section 

23 148(a)(4). 

24 ‘‘(2) PROJECT SELECTION.—An Indian tribal 

25 government, in cooperation with the Secretary of the 


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1 Interior and, as appropriate, with a State, local gov2 ernment, or metropolitan planning organization, 

3 shall select projects from the transportation im4 provement program, subject to the approval of the 

5 Secretary and the Secretary of the Interior. 

6 ‘‘(f) FEDERAL-AID ELIGIBLE PROJECTS.—Before ap7 proving as a project on a tribal transportation facility any 

8 project eligible for funds apportioned under section 104 

9 in a State, the Secretary shall, for projects on tribal trans10 portation facilities, determine that the obligation of funds 

11 for the project is supplementary to and not in lieu of the 

12 obligation of a fair and equitable share of funds appor13 tioned to the State under section 104. 

14 ‘‘§ 203. Federal lands transportation program 

15 ‘‘(a) USE OF FUNDS.— 

16 ‘‘(1) IN GENERAL.—Funds made available 

17 under the Federal lands transportation program 

18 shall be used by the Secretary of Transportation and 

19 the Secretary of the appropriate Federal land man20 agement agency to pay the costs of— 

21 ‘‘(A) program administration, transpor22 tation planning, research, preventive mainte23 nance, engineering, rehabilitation, restoration, 

24 construction, and reconstruction of Federal 

25 lands transportation facilities, and— 


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1 ‘‘(i) adjacent vehicular parking areas; 

2 ‘‘(ii) acquisition of necessary scenic 

3 easements and scenic or historic sites; 

4 ‘‘(iii) provision for pedestrians and bi5 cycles; 

6 ‘‘(iv) environmental mitigation in or 

7 adjacent to Federal land open to the pub8 lic— 

9 ‘‘(I) to improve public safety and 

10 reduce vehicle-caused wildlife mor11 tality while maintaining habitat 

12 connectivity; and 

13 ‘‘(II) to mitigate the damage to 

14 wildlife, aquatic organism passage, 

15 habitat, and ecosystem connectivity, 

16 including the costs of constructing, 

17 maintaining, replacing, or removing 

18 culverts and bridges, as appropriate; 

19 ‘‘(v) construction and reconstruction 

20 of roadside rest areas, including sanitary 

21 and water facilities; 

22 ‘‘(vi) congestion mitigation; and 

23 ‘‘(vii) other appropriate public road 

24 facilities, as determined by the Secretary; 


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1 ‘‘(B) operation and maintenance of transit 

2 facilities; and 

3 ‘‘(C) any transportation project eligible for 

4 assistance under this title that is on a public 

5 road within or adjacent to, or that provides ac6 cess to, Federal lands open to the public. 

7 ‘‘(2) CONTRACT.—In connection with an activ8 ity described in paragraph (1), the Secretary and the 

9 Secretary of the appropriate Federal land manage10 ment agency may enter into a contract or other ap11 propriate agreement with respect to the activity 

12 with— 

13 ‘‘(A) a State (including a political subdivi14 sion of a State); or 

15 ‘‘(B) an Indian tribe. 

16 ‘‘(3) ADMINISTRATION.—All appropriations for 

17 the construction and improvement of Federal lands 

18 transportation facilities shall be administered in con19 formity with regulations and agreements jointly ap20 proved by the Secretary and the Secretary of the ap21 propriate Federal land managing agency. 

22 ‘‘(4) COOPERATION.— 

23 ‘‘(A) IN GENERAL.—The cooperation of 

24 States, counties, or other local subdivisions may 

25 be accepted in construction and improvement. 


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1 ‘‘(B) FUNDS RECEIVED.—Any funds re2 ceived from a State, county, or local subdivision 

3 shall be credited to appropriations available for 

4 the class of Federal lands transportation facili5 ties to which the funds were contributed. 

6 ‘‘(5) COMPETITIVE BIDDING.— 

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B), construction of each project shall be 

9 performed by contract awarded by competitive 

10 bidding. 

11 ‘‘(B) EXCEPTION.—Subparagraph (A) 

12 shall not apply if the Secretary or the Secretary 

13 of the appropriate Federal land management 

14 agency affirmatively finds that, under the cir15 cumstances relating to the project, a different 

16 method is in the public interest. 

17 ‘‘(b) AGENCY PROGRAM DISTRIBUTIONS.— 

18 ‘‘(1) IN GENERAL.—On October 1, 2011, and 

19 on October 1 of each fiscal year thereafter, the Sec20 retary shall allocate the sums authorized to be ap21 propriated for the fiscal year for the Federal lands 

22 transportation program on the basis of applications 

23 of need, as determined by the Secretary— 


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1 ‘‘(A) in consultation with the Secretaries of 

2 the applicable Federal land management agen3 cies; and 

4 ‘‘(B) in coordination with the transpor5 tation plans required under section 201 of the 

6 respective transportation systems of— 

7 ‘‘(i) the National Park Service; 

8 ‘‘(ii) the Forest Service; 

9 ‘‘(iii) the United States Fish and 

10 Wildlife Service; 

11 ‘‘(iv) the Corps of Engineers; and 

12 ‘‘(v) the Bureau of Land Manage13 ment. 

14 ‘‘(2) APPLICATIONS.— 

15 ‘‘(A) REQUIREMENTS.—Each application 

16 submitted by a Federal land management agen17 cy shall include proposed programs at various 

18 potential funding levels, as defined by the Sec19 retary following collaborative discussions with 

20 applicable Federal land management agencies. 

21 ‘‘(B) CONSIDERATION BY SECRETARY.—In 

22 evaluating an application submitted under sub23 paragraph (A), the Secretary shall consider the 

24 extent to which the programs support— 

25 ‘‘(i) the transportation goals of— 


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1 ‘‘(I) a state of good repair of 

2 transportation facilities; 

3 ‘‘(II) a reduction of bridge defi4 ciencies, and 

5 ‘‘(III) an improvement of safety; 

6 ‘‘(ii) high-use Federal recreational 

7 sites or Federal economic generators; and 

8 ‘‘(iii) the resource and asset manage9 ment goals of the Secretary of the respec10 tive Federal land management agency. 

11 ‘‘(C) PERMISSIVE CONTENTS.—Applica12 tions may include proposed programs the dura13 tion of which extend over a multiple-year period 

14 to support long-term transportation planning 

15 and resource management initiatives. 

16 ‘‘(c) NATIONAL FEDERAL LANDS TRANSPORTATION

17 FACILITY INVENTORY.— 

18 ‘‘(1) IN GENERAL.—The Secretaries of the ap19 propriate Federal land management agencies, in co20 operation with the Secretary, shall maintain a com21 prehensive national inventory of public Federal lands 

22 transportation facilities. 

23 ‘‘(2) TRANSPORTATION FACILITIES INCLUDED

24 IN THE INVENTORIES.—To identify the Federal 

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1 ative transportation needs among Federal land man2 agement agencies, the inventories shall include, at a 

3 minimum, facilities that— 

4 ‘‘(A) provide access to high-use Federal 

5 recreation sites or Federal economic generators, 

6 as determined by the Secretary in coordination 

7 with the respective Secretaries of the appro8 priate Federal land management agencies; and 

9 ‘‘(B) are owned by 1 of the following agen10 cies: 

11 ‘‘(i) The National Park Service. 

12 ‘‘(ii) The Forest Service. 

13 ‘‘(iii) The United States Fish and 

14 Wildlife Service. 

15 ‘‘(iv) The Bureau of Land Manage16 ment. 

17 ‘‘(v) The Corps of Engineers. 

18 ‘‘(3) AVAILABILITY.—The inventories shall be 

19 made available to the Secretary. 

20 ‘‘(4) UPDATES.—The Secretaries of the appro21 priate Federal land management agencies shall up22 date the inventories of the appropriate Federal land 

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1 taries of the appropriate Federal land management 

2 agencies. 

3 ‘‘(5) REVIEW.—A decision to add or remove a 

4 facility from the inventory shall not be considered a 

5 Federal action for purposes of review under the Na6 tional Environmental Policy Act of 1969 (42 U.S.C. 

7 4321 et seq.). 

8 ‘‘(d) BICYCLE SAFETY.—The Secretary of the appro9 priate Federal land management agency shall prohibit the 

10 use of bicycles on each federally owned road that has a 

11 speed limit of 30 miles per hour or greater and an adja12 cent paved path for use by bicycles within 100 yards of 

13 the road. 

14 ‘‘§ 204. Federal lands access program 

15 ‘‘(a) USE OF FUNDS.— 

16 ‘‘(1) IN GENERAL.—Funds made available 

17 under the Federal lands access program shall be 

18 used by the Secretary of Transportation and the 

19 Secretary of the appropriate Federal land manage20 ment agency to pay the cost of— 

21 ‘‘(A) transportation planning, research, en22 gineering, preventive maintenance, rehabilita23 tion, restoration, construction, and reconstruc24 tion of Federal lands access transportation faVerDate Mar 15 2010 00:52 Nov 08, 2011 Jkt 099200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.IS S1813

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1 cilities located on or adjacent to, or that provide 

2 access to, Federal land, and— 

3 ‘‘(i) adjacent vehicular parking areas; 

4 ‘‘(ii) acquisition of necessary scenic 

5 easements and scenic or historic sites; 

6 ‘‘(iii) provisions for pedestrians and 

7 bicycles; 

8 ‘‘(iv) environmental mitigation in or 

9 adjacent to Federal land— 

10 ‘‘(I) to improve public safety and 

11 reduce vehicle-caused wildlife mor12 tality while maintaining habitat 

13 connectivity; and 

14 ‘‘(II) to mitigate the damage to 

15 wildlife, aquatic organism passage, 

16 habitat, and ecosystem connectivity, 

17 including the costs of constructing, 

18 maintaining, replacing, or removing 

19 culverts and bridges, as appropriate; 

20 ‘‘(v) construction and reconstruction 

21 of roadside rest areas, including sanitary 

22 and water facilities; and 

23 ‘‘(vi) other appropriate public road fa24 cilities, as determined by the Secretary; 


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1 ‘‘(B) operation and maintenance of transit 

2 facilities; and 

3 ‘‘(C) any transportation project eligible for 

4 assistance under this title that is within or ad5 jacent to, or that provides access to, Federal 

6 land. 

7 ‘‘(2) CONTRACT.—In connection with an activ8 ity described in paragraph (1), the Secretary and the 

9 Secretary of the appropriate Federal land manage10 ment agency may enter into a contract or other ap11 propriate agreement with respect to the activity 

12 with— 

13 ‘‘(A) a State (including a political subdivi14 sion of a State); or 

15 ‘‘(B) an Indian tribe. 

16 ‘‘(3) ADMINISTRATION.—All appropriations for 

17 the construction and improvement of Federal lands 

18 access transportation facilities shall be administered 

19 in conformity with regulations and agreements ap20 proved by the Secretary. 

21 ‘‘(4) COOPERATION.— 

22 ‘‘(A) IN GENERAL.—The cooperation of 

23 States, counties, or other local subdivisions may 

24 be accepted in construction and improvement. 


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1 ‘‘(B) FUNDS RECEIVED.—Any funds re2 ceived from a State, county, or local subdivision 

3 for a Federal lands access transportation facil4 ity project shall be credited to appropriations 

5 available under the Federal lands access pro6 gram. 

7 ‘‘(5) COMPETITIVE BIDDING.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), construction of each project shall be 

10 performed by contract awarded by competitive 

11 bidding. 

12 ‘‘(B) EXCEPTION.—Subparagraph (A) 

13 shall not apply if the Secretary or the Secretary 

14 of the appropriate Federal land management 

15 agency affirmatively finds that, under the cir16 cumstances relating to the project, a different 

17 method is in the public interest. 

18 ‘‘(b) PROGRAM DISTRIBUTIONS.— 

19 ‘‘(1) IN GENERAL.—Funding made available to 

20 carry out the Federal lands access program shall be 

21 allocated among those States that have Federal 

22 land, in accordance with the following formula: 

23 ‘‘(A) 80 percent of the available funding 

24 for use in those States that contain at least 1 

1 25 ⁄2 percent of the total public land in the United 


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1 States managed by the agencies described in 

2 paragraph (2), to be distributed as follows: 

3 ‘‘(i) 30 percent in the ratio that— 

4 ‘‘(I) recreational visitation within 

5 each such State; bears to 

6 ‘‘(II) the recreational visitation 

7 within all such States. 

8 ‘‘(ii) 5 percent in the ratio that— 

9 ‘‘(I) the Federal land area within 

10 each such State; bears to 

11 ‘‘(II) the Federal land area in all 

12 such States. 

13 ‘‘(iii) 55 percent in the ratio that— 

14 ‘‘(I) the Federal public road 

15 miles within each such State; bears to 

16 ‘‘(II) the Federal public road 

17 miles in all such States. 

18 ‘‘(iv) 10 percent in the ratio that— 

19 ‘‘(I) the number of Federal pub20 lic bridges within each such State; 

21 bears to 

22 ‘‘(II) the number of Federal pub23 lic bridges in all such States. 

24 ‘‘(B) 20 percent of the available funding 

25 for use in those States that do not contain at 


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least 1 1 1 ⁄2 percent of the total public land in the 

2 United States managed by the agencies de3 scribed in paragraph (2), to be distributed as 

4 follows: 

5 ‘‘(i) 30 percent in the ratio that— 

6 ‘‘(I) recreational visitation within 

7 each such State; bears to 

8 ‘‘(II) the recreational visitation 

9 within all such States. 

10 ‘‘(ii) 5 percent in the ratio that— 

11 ‘‘(I) the Federal land area within 

12 each such State; bears to 

13 ‘‘(II) the Federal land area in all 

14 such States. 

15 ‘‘(iii) 55 percent in the ratio that— 

16 ‘‘(I) the Federal public road 

17 miles within each such State; bears to 

18 ‘‘(II) the Federal public road 

19 miles in all such States. 

20 ‘‘(iv) 10 percent in the ratio that— 

21 ‘‘(I) the number of Federal pub22 lic bridges within each such State; 

23 bears to 

24 ‘‘(II) the number of Federal pub25 lic bridges in all such States. 


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1 ‘‘(2) DATA SOURCE.—Data necessary to dis2 tribute funding under paragraph (1) shall be pro3 vided by the following Federal land management 

4 agencies: 

5 ‘‘(A) The National Park Service. 

6 ‘‘(B) The Forest Service. 

7 ‘‘(C) The United States Fish and Wildlife 

8 Service. 

9 ‘‘(D) The Bureau of Land Management. 

10 ‘‘(E) The Corps of Engineers. 

11 ‘‘(c) PROGRAMMING DECISIONS COMMITTEE.— 

12 ‘‘(1) IN GENERAL.—Programming decisions 

13 shall be made within each State by a committee 

14 comprised of— 

15 ‘‘(A) a representative of the Federal High16 way Administration; 

17 ‘‘(B) a representative of the State Depart18 ment of Transportation; and 

19 ‘‘(C) a representative of any appropriate 

20 political subdivision of the State. 

21 ‘‘(2) CONSULTATION REQUIREMENT.—The com22 mittee described in paragraph (1) shall consult with 

23 each applicable Federal agency in each State before 

24 any joint discussion or final programming decision. 


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1 ‘‘(3) PROJECT PREFERENCE.—In making a 

2 programming decision under paragraph (1), the 

3 committee shall give preference to projects that pro4 vide access to, are adjacent to, or are located within 

5 high-use Federal recreation sites or Federal eco6 nomic generators, as identified by the Secretaries of 

7 the appropriate Federal land management agen8 cies.’’. 

9 (b) PUBLIC LANDS DEVELOPMENT ROADS AND

10 TRAILS.—Section 214 of title 23, United States Code, is 

11 repealed. 

12 (c) CONFORMING AMENDMENTS.— 

13 (1) CHAPTER 2 ANALYSIS.—The analysis for 

14 chapter 2 of title 23, United States Code, is amend15 ed: 

16 (A) By striking the items relating to sec17 tions 201 through 204 and inserting the fol18 lowing: 

‘‘201. Federal lands and tribal transportation programs. 

‘‘202. Tribal transportation program. 

‘‘203. Federal lands transportation program. 

‘‘204. Federal lands access program.’’. 

19 (B) By striking the item relating to section 

20 214. 

21 (2) DEFINITION.—Section 138(a) of title 23, 

22 United States Code, is amended in the third sen23 tence by striking ‘‘park road or parkway under secVerDate Mar 15 2010 00:52 Nov 08, 2011 Jkt 099200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.IS S1813

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1 tion 204 of this title’’ and inserting ‘‘Federal lands 

2 transportation facility’’. 

3 (3) RULES, REGULATIONS, AND RECOMMENDA4 TIONS.—Section 315 of title 23, United States Code, 

5 is amended by striking ‘‘204(f)’’ and inserting 

6 ‘‘202(a)(5), 203(a)(3),’’. 

7 SEC. 1117. ALASKA HIGHWAY. 

8 Section 218 of title 23, United States Code, is 

9 amended to read as follows: 

10 ‘‘§ 218. Alaska Highway 

11 ‘‘(a) DEFINITION OF ALASKA MARINE HIGHWAY

12 SYSTEM.—In this section, the term ‘Alaska Marine High13 way System’ includes each existing or planned transpor14 tation facility and equipment in the State of Alaska relat15 ing to the ferry system of the State, including the lease, 

16 purchase, or construction of vessels, terminals, docks, 

17 floats, ramps, staging areas, parking lots, bridges, and ap18 proaches thereto, and necessary roads. 

19 ‘‘(b) AUTHORIZATION OF SECRETARY.— 

20 ‘‘(1) IN GENERAL.—Recognizing the benefits 

21 that will accrue to the State of Alaska and to the 

22 United States from the reconstruction of the Alaska 

23 Highway from the Alaskan border to Haines Junc24 tion in Canada and the Haines Cutoff Highway from 

25 Haines Junction in Canada to Haines, the Secretary 


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1 is authorized, upon agreement with the State of 

2 Alaska, to expend on such highway or the Alaska 

3 Marine Highway System any Federal-aid highway 

4 funds apportioned to the State of Alaska under this 

5 title to provide for necessary reconstruction of such 

6 highway. 

7 ‘‘(2) LIMITATION.—No expenditures shall be 

8 made for the construction of the portion of the high9 ways that are in located in Canada until the date on 

10 which an agreement has been reached by the Gov11 ernment of Canada and the Government of the 

12 United States, which shall provide in part, that the 

13 Canadian Government— 

14 ‘‘(A) will provide, without participation of 

15 funds authorized under this title, all necessary 

16 right-of-way for the construction of the high17 ways; 

18 ‘‘(B) will not impose any highway toll, or 

19 permit any toll to be charged for the use of the 

20 highways by vehicles or persons; 

21 ‘‘(C) will not levy or assess, directly or in22 directly, any fee, tax, or other charge for the 

23 use of the highways by vehicles or persons from 

24 the United States that does not apply equally to 

25 vehicles or persons of Canada; 


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1 ‘‘(D) will continue to grant reciprocal rec2 ognition of vehicle registration and drivers’ li3 censes in accordance with agreements between 

4 the United States and Canada; and 

5 ‘‘(E) will maintain the highways after the 

6 date of completion of the highways in proper 

7 condition adequately to serve the needs of 

8 present and future traffic. 

9 ‘‘(c) SUPERVISION OF SECRETARY.—The survey and 

10 construction work undertaken in Canada pursuant to this 

11 section shall be under the general supervision of the Sec12 retary.’’. 

13 SEC. 1118. PROJECTS OF NATIONAL AND REGIONAL SIG14 NIFICANCE. 

15 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 

16 shall establish a program in accordance with this section 

17 to provide grants for projects of national and regional sig18 nificance. 

19 (b) PURPOSE OF PROGRAM.—The purpose of the 

20 projects of national and regional significance program 

21 shall be to fund critical high-cost surface transportation 

22 infrastructure projects that are difficult to complete with 

23 existing Federal, State, local, and private funds and that 

24 will— 


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1 (1) generate national and regional economic 

2 benefits and increase global economic competitive3 ness; 

4 (2) reduce congestion and its impacts; 

5 (3) improve roadways vital to national energy 

6 security; 

7 (4) improve movement of freight and people; 

8 and 

9 (5) improve transportation safety. 

10 (c) DEFINITIONS.—In this section: 

11 (1) ELIGIBLE APPLICANT.—The term ‘‘eligible 

12 applicant’’ means a State department of transpor13 tation or a group of State departments of transpor14 tation, a local government, a tribal government or 

15 consortium of tribal governments, a transit agency, 

16 a port authority, a metropolitan planning organiza17 tion, other political subdivisions of State or local 

18 governments, or a multi-State or multi-jurisdictional 

19 group of the aforementioned entities. 

20 (2) ELIGIBLE PROJECT.—The term ‘‘eligible 

21 project’’ means a surface transportation project or a 

22 program of integrated surface transportation 

23 projects closely related in the function they perform 

24 that— 

25 (A) is a capital project or projects— 


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1 (i) eligible for Federal financial assist2 ance under title 23, United States Code, or 

3 under chapter 53 of title 49, United States 

4 Code; or 

5 (ii) for surface transportation infra6 structure to facilitate intermodal inter7 change, transfer, and access into and out 

8 of intermodal facilities, including ports; 

9 and 

10 (B) has eligible project costs that are rea11 sonably anticipated to equal or exceed the lesser 

12 of— 

13 (i) $500,000,000; 

14 (ii) for a project located in a single 

15 State, 60 percent of the amount of Fed16 eral-aid highway funds apportioned for the 

17 most recently completed fiscal year to the 

18 State; or 

19 (iii) for a project located in more than 

20 1 State, 75 percent of the amount of Fed21 eral-aid highway funds apportioned for the 

22 most recently completed fiscal year to the 

23 State that has the largest apportionment. 

24 (3) ELIGIBLE PROJECT COSTS.—The term ‘‘eli25 gible project costs’’ means the costs of— 


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1 (A) development phase activities, including 

2 planning, feasibility analysis, revenue fore3 casting, environmental review, preliminary engi4 neering and design work, and other 

5 preconstruction activities; 

6 (B) construction, reconstruction, rehabili7 tation, and acquisition of real property (includ8 ing land related to the project and improve9 ments to land), environmental mitigation, con10 struction contingencies, acquisition of equip11 ment directly related to improving system per12 formance, and operational improvements; and 

13 (C) all financing costs, including subsidy 

14 costs under the Transportation Infrastructure 

15 Finance and Innovation Act program. 

16 (d) SOLICITATIONS AND APPLICATIONS.— 

17 (1) GRANT SOLICITATIONS.—The Secretary 

18 shall establish criteria for project evaluation and 

19 conduct a transparent and competitive national solic20 itation process to select projects for funding to carry 

21 out the purposes of this section. 

22 (2) APPLICATIONS.— 

23 (A) IN GENERAL.—An eligible applicant 

24 seeking a grant under this section for an eligi25 ble project shall submit an application to the 


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1 Secretary in such form and in accordance with 

2 such requirements as the Secretary shall estab3 lish. 

4 (B) CONTENTS.—An application under 

5 this subsection shall, at a minimum, include 

6 data on current system performance and esti7 mated system improvements that will result 

8 from completion of the eligible project, includ9 ing projections for 2, 7, and 15 years after 

10 completion. 

11 (C) RESUBMISSION OF APPLICATIONS.—An 

12 eligible applicant whose project is not selected 

13 by the Secretary may resubmit an application 

14 in any subsequent solicitation. 

15 (e) CRITERIA FOR PROJECT EVALUATION AND SE16 LECTION.— 

17 (1) IN GENERAL.—The Secretary may select a 

18 project only if the Secretary determines that the 

19 project— 

20 (A) will significantly improve the perform21 ance of the national surface transportation net22 work, nationally or regionally; 

23 (B) is based on the results of preliminary 

24 engineering; 


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1 (C) cannot be readily and efficiently com2 pleted without Federal support from this pro3 gram; 

4 (D) is justified based on the ability of the 

5 project— 

6 (i) to generate national economic ben7 efits that reasonably exceed its costs, in8 cluding increased access to jobs, labor, and 

9 other critical economic inputs; 

10 (ii) to reduce long-term congestion, in11 cluding impacts in the State, region, and 

12 Nation, and increase speed, reliability, and 

13 accessibility of the movement of people or 

14 freight; and 

15 (iii) to improve transportation safety, 

16 including reducing transportation acci17 dents, injuries, and fatalities; and 

18 (E) is supported by an acceptable degree 

19 of non-Federal financial commitments, includ20 ing evidence of stable and dependable financing 

21 sources to construct, maintain, and operate the 

22 infrastructure facility. 

23 (2) ADDITIONAL CONSIDERATIONS.—In evalu24 ating a project under this section, in addition to the 


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1 criteria in paragraph (1), the Secretary shall con2 sider the extent to which the project— 

3 (A) leverages Federal investment by en4 couraging non-Federal contributions to the 

5 project, including contributions from public-pri6 vate partnerships; 

7 (B) is able to begin construction within 18 

8 months of being selected; 

9 (C) incorporates innovative project delivery 

10 and financing where practical; 

11 (D) stimulates collaboration between 

12 States and among State and local governments; 

13 (E) helps maintain or protect the environ14 ment; 

15 (F) improves roadways vital to national en16 ergy security; 

17 (G) uses innovative technologies, including 

18 intelligent transportation systems, that enhance 

19 the efficiency of the project; and 

20 (H) contributes to an equitable geographic 

21 distribution of funds and an appropriate bal22 ance in addressing the needs of urban and rural 

23 communities. 

24 (f) GRANT REQUIREMENTS.— 


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1 (1) IN GENERAL.—A grant for a project under 

2 this section shall be subject to the following require3 ments: 

4 (A) A qualifying highway project eligible 

5 for funding under title 23, United States Code, 

6 or public transportation project eligible under 

7 chapter 53 of title 49, United States Code, shall 

8 comply with all applicable requirements of such 

9 title or chapter except that, if the project con10 tains elements or activities that are not eligible 

11 for funding under such title or chapter but are 

12 eligible for funding under this section, the ele13 ments or activities shall comply with the re14 quirements described in subparagraph (B). 

15 (B) A qualifying surface transportation 

16 project not eligible under title 23, United States 

17 Code, or chapter 53 of title 49, United States 

18 Code, shall comply with the requirements of 

19 subchapter IV of chapter 31 of title 40, United 

20 States Code, section 10a–d of title 41, United 

21 States Code, and such other terms, conditions, 

22 and requirements as the Secretary determines 

23 are necessary and appropriate for the type of 

24 project. 


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1 (2) DETERMINATION OF APPLICABLE MODAL

2 REQUIREMENTS.—In the event that a project has 

3 cross-modal components, the Secretary shall have 

4 the discretion to designate the requirements that 

5 shall apply to the project based on predominant 

6 components. 

7 (3) OTHER TERMS AND CONDITIONS.—The Sec8 retary shall require that all grants under this section 

9 be subject to all terms, conditions, and requirements 

10 that the Secretary decides are necessary or appro11 priate for purposes of this section, including require12 ments for the disposition of net increases in value of 

13 real property resulting from the project assisted 

14 under this section. 

15 (g) FEDERAL SHARE OF PROJECT COST.—The Fed16 eral share of funds under this section for the project shall 

17 be up to 50 percent of the project cost. Other eligible Fed18 eral transportation funds may be used by the project spon19 sor up to an additional 30 percent of the project costs. 

20 If a project is to construct or improve a privately owned 

21 facility or would primarily benefit a private entity, the 

22 Federal share shall be the lesser of 50 percent of the total 

23 project cost or the quantified public benefit of the project. 

24 The Secretary may allow costs incurred prior to project 

25 approval to be used as a credit toward the non-Federal 


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1 share of the cost of the project. Such costs must be ade2 quately documented, necessary, reasonable and allocable 

3 to the current phase of the project and such costs may 

4 not be included as a cost or used to meet cost sharing 

5 or matching requirements of any other federally financed 

6 project. 

7 (h) REPORT TO THE SECRETARY.—For each project 

8 funded under this section, the project sponsor shall reas9 sess system performance and report to the Secretary 2, 

10 7, and 15 years after completion of the project to assess 

11 if the project outcomes have met pre-construction projec12 tions. 

13 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section, 

15 to remain available until expended, $1,000,000,000 for fis16 cal year 2013. 

17 (j) TREATMENT OF PROJECTS.—Notwithstanding 

18 any other provision of law, projects funded under this sec19 tion shall be treated as projects on a Federal-aid system 

20 under chapter 1 of title 23, United States Code. 

21 Subtitle B—Performance 

22 Management 

23 SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING. 

24 Section 134 of title 23, United States Code, is 

25 amended to read as follows: 


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1 ‘‘§ 134. Metropolitan transportation planning 

2 ‘‘(a) POLICY.—It is in the national interest— 

3 ‘‘(1) to encourage and promote the safe, cost4 effective, and efficient management, operation, and 

5 development of surface transportation systems that 

6 will serve efficiently the mobility needs of individuals 

7 and freight, reduce transportation-related fatalities 

8 and injuries, and foster economic growth and devel9 opment within and between States and urbanized 

10 areas, while fitting the needs and complexity of indi11 vidual communities, maximizing value for taxpayers, 

12 leveraging cooperative investments, and minimizing 

13 transportation-related fuel consumption and air pol14 lution through the metropolitan and statewide trans15 portation planning processes identified in this title; 

16 ‘‘(2) to encourage the continued improvement, 

17 evolution, and coordination of the metropolitan and 

18 statewide transportation planning processes by and 

19 among metropolitan planning organizations, State 

20 departments of transportation, regional planning or21 ganizations, interstate partnerships, and public tran22 sit and intercity service operators as guided by the 

23 planning factors identified in subsection (h) of this 

24 section and section 135(d); 


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1 ‘‘(3) to encourage and promote transportation 

2 needs and decisions that are integrated with other 

3 planning needs and priorities; and 

4 ‘‘(4) to maximize the effectiveness of transpor5 tation investments. 

6 ‘‘(b) DEFINITIONS.—In this section and section 135, 

7 the following definitions apply: 

8 ‘‘(1) EXISTING MPO.—The term ‘existing MPO’ 

9 mens a metropolitan planning organization that was 

10 designated as a metropolitan planning organization 

11 on the day before the date of enactment of the 

12 MAP–21. 

13 ‘‘(2) LOCAL OFFICIAL.—The term ‘local official’ 

14 means any elected or appointed official of general 

15 purpose local government with responsibility for 

16 transportation in a designated area. 

17 ‘‘(3) MAINTENANCE AREA.—The term ‘mainte18 nance area’ means an area that was designated as 

19 an air quality nonattainment area, but was later re20 designated by the Administrator of the Environ21 mental Protection Agency as an air quality attain22 ment area, under section 107(d) of the Clean Air 

23 Act (42 U.S.C. 7407(d)). 

24 ‘‘(4) METROPOLITAN PLANNING AREA.—The 

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1 graphical area determined by agreement between the 

2 metropolitan planning organization for the area and 

3 the applicable Governor under subsection (c). 

4 ‘‘(5) METROPOLITAN PLANNING ORGANIZA5 TION.—The term ‘metropolitan planning organiza6 tion’ means the policy board of an organization es7 tablished pursuant to subsection (c). 

8 ‘‘(6) METROPOLITAN TRANSPORTATION

9 PLAN.—The term ‘metropolitan transportation plan’ 

10 means a plan developed by a metropolitan planning 

11 organization under subsection (i). 

12 ‘‘(7) NONATTAINMENT AREA.—The term ‘non13 attainment area’ has the meaning given the term in 

14 section 171 of the Clean Air Act (42 U.S.C. 7501). 

15 ‘‘(8) NONMETROPOLITAN AREA.— 

16 ‘‘(A) IN GENERAL.—The term ‘nonmetro17 politan area’ means a geographical area outside 

18 the boundaries of a designated metropolitan 

19 planning area. 

20 ‘‘(B) INCLUSIONS.—The term ‘nonmetro21 politan area’ includes small urbanized and non22 urbanized areas. 

23 ‘‘(9) NONMETROPOLITAN PLANNING ORGANIZA24 TION.— 


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1 ‘‘(A) IN GENERAL.—The term ‘nonmetro2 politan planning organization’ means an organi3 zation designated by a State to enhance the 

4 planning, coordination, and implementation of 

5 statewide transportation plans and programs in 

6 a nonmetropolitan area, with an emphasis on 

7 addressing the needs of nonmetropolitan areas 

8 of the State. 

9 ‘‘(B) INCLUSION.—The term ‘nonmetro10 politan planning organization’ includes a rural 

11 planning organization. 

12 ‘‘(10) REGIONALLY SIGNIFICANT.—The term 

13 ‘regionally significant’, with respect to a transpor14 tation project, program, service, or strategy, means 

15 a project, program, service, or strategy that— 

16 ‘‘(A) serves regional transportation needs 

17 (such as access to and from the area outside of 

18 the region, major activity centers in the region, 

19 and major planned developments); and 

20 ‘‘(B) would normally be included in the 

21 modeling of a transportation network of a met22 ropolitan area. 

23 ‘‘(11) STATEWIDE TRANSPORTATION IMPROVE24 MENT PROGRAM.—The term ‘statewide transpor25 tation improvement program’ means a statewide 


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1 transportation improvement program developed by a 

2 State under section 135(g). 

3 ‘‘(12) STATEWIDE TRANSPORTATION PLAN.— 

4 The term ‘statewide transportation plan’ means a 

5 plan developed by a State under section 135(f). 

6 ‘‘(13) TRANSPORTATION IMPROVEMENT PRO7 GRAM.—The term ‘transportation improvement pro8 gram’ means a program developed by a metropolitan 

9 planning organization under subsection (j). 

10 ‘‘(14) URBANIZED AREA.—The term ‘urbanized 

11 area’ means a geographical area with a population 

12 of 50,000 or more individuals, as determined by the 

13 Bureau of the Census. 

14 ‘‘(c) DESIGNATION OF METROPOLITAN PLANNING

15 ORGANIZATIONS.— 

16 ‘‘(1) IN GENERAL.—To carry out the metropoli17 tan transportation planning process under this sec18 tion, a metropolitan planning organization shall be 

19 designated for each urbanized area with a population 

20 of more than 200,000 individuals— 

21 ‘‘(A) by agreement between the applicable 

22 Governor and local officials that, in the aggre23 gate, represent at least 75 percent of the af24 fected population (including the largest incorVerDate Mar 15 2010 00:52 Nov 08, 2011 Jkt 099200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.IS S1813

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1 porated city (based on population), as deter2 mined by the Bureau of the Census); or 

3 ‘‘(B) in accordance with procedures estab4 lished by applicable State or local law. 

5 ‘‘(2) SMALL URBANIZED AREAS.—To carry out 

6 the metropolitan transportation planning process 

7 under this section, a metropolitan planning organiza8 tion may be designated for any urbanized area with 

9 a population of more than 50,000, but less than 

10 200,000, individuals— 

11 ‘‘(A) by agreement between the applicable 

12 Governor and local officials that, in the aggre13 gate, represent at least 75 percent of the af14 fected population (including the largest incor15 porated city (based on population), as deter16 mined by the Bureau of the Census); and 

17 ‘‘(B) with the consent of the Secretary, 

18 based on a finding that the resulting metropoli19 tan planning organization has met the min20 imum requirements under subsection (e)(4)(B). 

21 ‘‘(3) STRUCTURE.—Effective beginning on the 

22 date of designation or redesignation under this sub23 section, a metropolitan planning organization shall 

24 consist of— 


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1 ‘‘(A) elected local officials in the relevant 

2 metropolitan area; 

3 ‘‘(B) officials of public agencies that ad4 minister or operate major modes of transpor5 tation in the relevant metropolitan area; and 

6 ‘‘(C) appropriate State officials. 

7 ‘‘(4) EFFECT OF SUBSECTION.—Nothing in this 

8 subsection interferes with any authority under any 

9 State law in effect on December 18, 1991, of a pub10 lic agency with multimodal transportation respon11 sibilities— 

12 ‘‘(A) to develop the metropolitan transpor13 tation plans and transportation improvement 

14 programs for adoption by a metropolitan plan15 ning organization; or 

16 ‘‘(B) to develop capital plans, coordinate 

17 transit services and projects, or carry out other 

18 activities pursuant to State law. 

19 ‘‘(5) CONTINUING DESIGNATION.—A designa20 tion of a metropolitan planning organization under 

21 this subsection or any other provision of law— 

22 ‘‘(A) for an urbanized area with a popu23 lation of 200,000 or more individuals shall re24 main in effect— 


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1 ‘‘(i) for the period during which the 

2 structure of the existing MPO complies 

3 with the requirements of paragraph (1); or 

4 ‘‘(ii) until the date on which the exist5 ing MPO is redesignated under paragraph 

6 (7); and 

7 ‘‘(B) for an urbanized area with a popu8 lation of less than 200,000 individuals, shall be 

9 terminated on the date that is 3 years after the 

10 date on which the Secretary promulgates a reg11 ulation pursuant to subsection (e)(4)(B)(i), un12 less reaffirmed by the existing MPO and the 

13 applicable Governor and approved by the Sec14 retary, on the basis of meeting the minimum re15 quirements established by the regulation. 

16 ‘‘(6) EXTENSION.— 

17 ‘‘(A) IN GENERAL.—If the applicable Gov18 ernor, acting on behalf of a metropolitan plan19 ning organization for an urbanized area with a 

20 population of less than 200,000 that would oth21 erwise be terminated under paragraph (5)(B), 

22 requests a probationary continuation before the 

23 termination of the metropolitan planning orga24 nization, the Secretary shall— 


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1 ‘‘(i) delay the termination of the met2 ropolitan planning organization under 

3 paragraph (5)(B) for a period of 1 year; 

4 and 

5 ‘‘(ii) provide additional technical as6 sistance to all metropolitan planning orga7 nizations provided an extension under this 

8 paragraph to assist the metropolitan plan9 ning organization in meeting the minimum 

10 requirements under subsection (e)(4)(B)(i). 

11 ‘‘(B) DESIGNATION AS TIER II MPO.—If 

12 the Secretary determines the metropolitan plan13 ning organization has met the minimum re14 quirements under subsection (e)(4)(B)(i) before 

15 the final termination date, the metropolitan 

16 planning organization shall be designated as a 

17 tier II MPO. 

18 ‘‘(7) REDESIGNATION.—The designation of a 

19 metropolitan planning organization under this sub20 section shall remain in effect until the date on which 

21 the metropolitan planning organization is redesig22 nated, as appropriate, in accordance with the re23 quirements of this subsection pursuant to an agree24 ment between— 

25 ‘‘(A) the applicable Governor; and 


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1 ‘‘(B) affected local officials who, in the ag2 gregate, represent at least 75 percent of the ex3 isting metropolitan planning area population 

4 (including the largest incorporated city (based 

5 on population), as determined by the Bureau of 

6 the Census). 

7 ‘‘(8) DESIGNATION OF MULTIPLE MPOS.— 

8 ‘‘(A) IN GENERAL.—More than 1 metro9 politan planning organization may be des10 ignated within an existing metropolitan plan11 ning area only if the applicable Governor and 

12 an existing MPO determine that the size and 

13 complexity of the existing metropolitan planning 

14 area make the designation of more than 1 met15 ropolitan planning organization for the metro16 politan planning area appropriate. 

17 ‘‘(B) SERVICE JURISDICTIONS.—If more 

18 than 1 metropolitan planning organization is 

19 designated for an existing metropolitan plan20 ning area under subparagraph (A), the existing 

21 metropolitan planning area shall be split into 

22 multiple metropolitan planning areas, each of 

23 which shall be served by the existing MPO or 

24 a new metropolitan planning organization. 


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1 ‘‘(C) TIER DESIGNATION.—The tier des2 ignation of each metropolitan planning organi3 zation subject to a designation under this para4 graph shall be determined based on the size of 

5 each respective metropolitan planning area, in 

6 accordance with subsection (e)(4). 

7 ‘‘(d) METROPOLITAN PLANNING AREA BOUND8 ARIES.— 

9 ‘‘(1) IN GENERAL.—For purposes of this sec10 tion, the boundaries of a metropolitan planning area 

11 shall be determined by agreement between the appli12 cable metropolitan planning organization and the 

13 Governor of the State in which the metropolitan 

14 planning area is located. 

15 ‘‘(2) INCLUDED AREA.—Each metropolitan 

16 planning area— 

17 ‘‘(A) shall encompass at least the relevant 

18 existing urbanized area and any contiguous 

19 area expected to become urbanized within a 20- 

20 year forecast period under the applicable metro21 politan transportation plan; and 

22 ‘‘(B) may encompass the entire relevant 

23 metropolitan statistical area, as defined by the 

24 Office of Management and Budget. 


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1 ‘‘(3) IDENTIFICATION OF NEW URBANIZED

2 AREAS.—The designation by the Bureau of the Cen3 sus of a new urbanized area within the boundaries 

4 of an existing metropolitan planning area shall not 

5 require the redesignation of the relevant existing 

6 MPO. 

7 ‘‘(4) NONATTAINMENT AND MAINTENANCE

8 AREAS.— 

9 ‘‘(A) EXISTING METROPOLITAN PLANNING

10 AREAS.— 

11 ‘‘(i) IN GENERAL.—Except as pro12 vided in clause (ii), notwithstanding para13 graph (2), in the case of an urbanized area 

14 designated as a nonattainment area or 

15 maintenance area as of the date of enact16 ment of the MAP–21, the boundaries of 

17 the existing metropolitan planning area as 

18 of that date of enactment shall remain in 

19 force and effect. 

20 ‘‘(ii) EXCEPTION.—Notwithstanding 

21 clause (i), the boundaries of an existing 

22 metropolitan planning area described in 

23 that clause may be adjusted by agreement 

24 of the applicable Governor and the affected 


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1 metropolitan planning organizations in ac2 cordance with subsection (c)(5). 

3 ‘‘(B) NEW METROPOLITAN PLANNING

4 AREAS.—In the case of an urbanized area des5 ignated as a nonattainment area or mainte6 nance area after the date of enactment of the 

7 MAP–21, the boundaries of the applicable met8 ropolitan planning area— 

9 ‘‘(i) shall be established in accordance 

10 with subsection (c)(1); 

11 ‘‘(ii) shall encompass the areas de12 scribed in paragraph (2)(A); 

13 ‘‘(iii) may encompass the areas de14 scribed in paragraph (2)(B); and 

15 ‘‘(iv) may address any appropriate 

16 nonattainment area or maintenance area. 

17 ‘‘(e) REQUIREMENTS.— 

18 ‘‘(1) DEVELOPMENT OF PLANS AND TIPS.—To 

19 accomplish the policy objectives described in sub20 section (a), each metropolitan planning organization, 

21 in cooperation with the applicable State and public 

22 transportation operators, shall develop metropolitan 

23 transportation plans and transportation improve24 ment programs for metropolitan planning areas of 

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1 based approach to metropolitan transportation plan2 ning consistent with subsection (h)(2). 

3 ‘‘(2) CONTENTS.—The metropolitan transpor4 tation plans and transportation improvement pro5 grams for each metropolitan area shall provide for 

6 the development and integrated management and 

7 operation of transportation systems and facilities 

8 (including accessible pedestrian walkways, bicycle 

9 transportation facilities, and intermodal facilities 

10 that support intercity transportation) that will func11 tion as— 

12 ‘‘(A) an intermodal transportation system 

13 for the metropolitan planning area; and 

14 ‘‘(B) an integral part of an intermodal 

15 transportation system for the applicable State 

16 and the United States. 

17 ‘‘(3) PROCESS OF DEVELOPMENT.—The process 

18 for developing metropolitan transportation plans and 

19 transportation improvement programs shall— 

20 ‘‘(A) provide for consideration of all modes 

21 of transportation; and 

22 ‘‘(B) be continuing, cooperative, and com23 prehensive to the degree appropriate, based on 

24 the complexity of the transportation needs to be 

25 addressed. 


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1 ‘‘(4) TIERING.— 

2 ‘‘(A) TIER I MPOS.— 

3 ‘‘(i) IN GENERAL.—A metropolitan 

4 planning organization shall be designated 

5 as a tier I MPO if— 

6 ‘‘(I) as certified by the Governor 

7 of each applicable State, the metro8 politan planning organization operates 

9 within, and primarily serves, a metro10 politan planning area with a popu11 lation of 1,000,000 or more individ12 uals, as calculated according to the 

13 most recent decennial census; and 

14 ‘‘(II) the Secretary determines 

15 the metropolitan planning organiza16 tion— 

17 ‘‘(aa) meets the minimum 

18 technical requirements under 

19 clause (iv); and 

20 ‘‘(bb) not later than 2 years 

21 after the date of enactment of 

22 the MAP–21, will fully imple23 ment the processes described in 

24 subsections (h) though (j). 


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1 ‘‘(ii) ABSENCE OF DESIGNATION.—In 

2 the absence of designation as a tier I MPO 

3 under clause (i), a metropolitan planning 

4 organization shall operate as a tier II 

5 MPO until the date on which the Secretary 

6 determines the metropolitan planning orga7 nization can meet the minimum technical 

8 requirements under clause (iv). 

9 ‘‘(iii) REDESIGNATION AS TIER I.—A 

10 metropolitan planning organization oper11 ating within a metropolitan planning area 

12 with a population of less than 1,000,000, 

13 but more than 200,000, individuals and 

14 primarily within urbanized areas with pop15 ulations of more than 200,000 individuals, 

16 as calculated according to the most recent 

17 decennial census, that is designated as a 

18 tier II MPO under subparagraph (B) may 

19 request, with the support of the applicable 

20 Governor, a redesignation as a tier I MPO 

21 on a determination by the Secretary that 

22 the metropolitan planning organization has 

23 met the minimum technical requirements 

24 under clause (iv). 


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1 ‘‘(iv) MINIMUM TECHNICAL REQUIRE2 MENTS.—Not later than 1 year after the 

3 date of enactment of the MAP–21, the 

4 Secretary shall publish a regulation that 

5 establishes the minimum technical require6 ments necessary for a metropolitan plan7 ning organization to be designated as a 

8 tier I MPO, including, at a minimum, 

9 modeling, data, staffing, and other tech10 nical requirements. 

11 ‘‘(B) TIER II MPOS.— 

12 ‘‘(i) IN GENERAL.—Not later than 1 

13 year after the date of enactment of the 

14 MAP–21, the Secretary shall publish a 

15 regulation that establishes minimum re16 quirements necessary for a metropolitan 

17 planning organization to be designated as 

18 a tier II MPO. 

19 ‘‘(ii) REQUIREMENTS.—The minimum 

20 requirements established under clause (i) 

21 shall— 

22 ‘‘(I) ensure that each metropoli23 tan planning organization has the ca24 pabilities necessary to develop the 

25 metropolitan transportation plan and 


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1 transportation improvement program 

2 under this section; and 

3 ‘‘(II) include— 

4 ‘‘(aa) only the staff re5 sources necessary to operate the 

6 metropolitan planning organiza7 tion; and 

8 ‘‘(bb) a requirement that the 

9 metropolitan planning organiza10 tion has the technical capacity to 

11 conduct the modeling necessary 

12 to fulfill the requirements of this 

13 section, except that in cases in 

14 which a metropolitan planning 

15 organization has a formal agree16 ment with a State to conduct the 

17 modeling on behalf of the metro18 politan planning organization, the 

19 metropolitan planning organiza20 tion shall be exempt from the 

21 technical capacity requirement. 

22 ‘‘(iii) INCLUSION.—A metropolitan 

23 planning organization operating primarily 

24 within an urbanized area with a population 

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1 culated according to the most recent de2 cennial census, and that does not qualify 

3 as a tier I MPO under subparagraph 

4 (A)(i), shall— 

5 ‘‘(I) be designated as a tier II 

6 MPO; and 

7 ‘‘(II) follow the processes under 

8 subsection (k). 

9 ‘‘(C) SMALL URBANIZED AREAS.— 

10 ‘‘(i) IN GENERAL.—Not later than 2 

11 years after the date of publication of the 

12 regulation under subparagraph (B)(i), any 

13 existing MPO operating primarily within 

14 an urbanized area with a population of 

15 fewer than 200,000, but more than 

16 50,000, individuals (as determined before 

17 the date of enactment of the MAP–21), 

18 with the support of the applicable Gov19 ernor, may request designation as a tier II 

20 MPO on a determination by the Secretary 

21 that the metropolitan planning organiza22 tion has met the minimum requirements 

23 under subparagraph (B)(i). 

24 ‘‘(ii) ABSENCE OF DESIGNATION.—A 

25 metropolitan planning organization that is 


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1 the subject of a negative determination of 

2 the Secretary under clause (i) shall submit 

3 to the State in which the metropolitan 

4 planning organization is located, or to a 

5 planning organization designated by the 

6 State, by not later than 180 days after the 

7 date on which a notice of the negative de8 termination is received, a 6-month plan 

9 that includes a description of a method— 

10 ‘‘(I) to transfer the responsibil11 ities of the metropolitan planning or12 ganization to the State; and 

13 ‘‘(II) to dissolve the metropolitan 

14 planning organization. 

15 ‘‘(iii) ACTION ON DISSOLUTION.—On 

16 submission of a plan under clause (ii), the 

17 metropolitan planning area served by the 

18 applicable metropolitan planning organiza19 tion shall— 

20 ‘‘(I) continue to receive metro21 politan transportation planning funds 

22 until the earlier of— 

23 ‘‘(aa) the date of dissolution 

24 of the metropolitan planning or25 ganization; and 


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1 ‘‘(bb) the date that is 4 

2 years after the date of enactment 

3 of the MAP–21; and 

4 ‘‘(II) be treated by the State as 

5 a nonmetropolitan area for purposes 

6 of this title. 

7 ‘‘(D) CONSOLIDATION.— 

8 ‘‘(i) IN GENERAL.—Metropolitan plan9 ning organizations operating within contig10 uous or adjacent urbanized areas may elect 

11 to consolidate in order to meet the popu12 lation thresholds required to achieve des13 ignation as a tier I or tier II MPO under 

14 this paragraph. 

15 ‘‘(ii) EFFECT OF SUBSECTION.— 

16 Nothing in this subsection requires or pre17 vents consolidation among multiple metro18 politan planning organizations located 

19 within a single urbanized area. 

20 ‘‘(f) COORDINATION IN MULTISTATE AREAS.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall encour22 age each Governor with responsibility for a portion 

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1 vide coordinated transportation planning for the en2 tire metropolitan area. 

3 ‘‘(2) COORDINATION ALONG DESIGNATED

4 TRANSPORTATION CORRIDORS.—The Secretary shall 

5 encourage each Governor with responsibility for a 

6 portion of a multistate metropolitan area and the 

7 appropriate metropolitan planning organizations to 

8 provide coordinated transportation planning for the 

9 entire designated transportation corridor. 

10 ‘‘(3) COORDINATION WITH INTERSTATE COM11 PACTS.—The Secretary shall encourage metropolitan 

12 planning organizations to take into consideration, 

13 during the development of metropolitan transpor14 tation plans and transportation improvement pro15 grams, any relevant transportation studies con16 cerning planning for regional transportation (includ17 ing high-speed and intercity rail corridor studies, 

18 commuter rail corridor studies, intermodal termi19 nals, and interstate highways) in support of freight, 

20 intercity, or multistate area projects and services 

21 that have been developed pursuant to interstate com22 pacts or agreements, or by organizations established 

23 under section 135. 

24 ‘‘(g) ENGAGEMENT IN METROPOLITAN TRANSPOR25 TATION PLAN AND TIP DEVELOPMENT.— 


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1 ‘‘(1) NONATTAINMENT AND MAINTENANCE

2 AREAS.—If more than 1 metropolitan planning orga3 nization has authority within a metropolitan area, 

4 nonattainment area, or maintenance area, each met5 ropolitan planning organization shall consult with 

6 each other metropolitan planning organization des7 ignated for the metropolitan area, nonattainment 

8 area, or maintenance area and the State in the de9 velopment of metropolitan transportation plans and 

10 transportation improvement programs under this 

11 section. 

12 ‘‘(2) TRANSPORTATION IMPROVEMENTS LO13 CATED IN MULTIPLE METROPOLITAN PLANNING

14 AREAS.—If a transportation improvement project 

15 funded under this title or chapter 53 of title 49 is 

16 located within the boundaries of more than 1 metro17 politan planning area, the affected metropolitan 

18 planning organizations shall coordinate metropolitan 

19 transportation plans and transportation improve20 ment programs regarding the project. 

21 ‘‘(3) COORDINATION OF ADJACENT PLANNING

22 ORGANIZATIONS.— 

23 ‘‘(A) IN GENERAL.—A metropolitan plan24 ning organization that is adjacent or located in 

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1 tan planning organization shall coordinate with 

2 that metropolitan planning organization with 

3 respect to planning processes, including prepa4 ration of metropolitan transportation plans and 

5 transportation improvement programs, to the 

6 maximum extent practicable. 

7 ‘‘(B) NONMETROPOLITAN PLANNING ORGA8 NIZATIONS.—A metropolitan planning organiza9 tion that is adjacent or located in reasonably 

10 close proximity to a nonmetropolitan planning 

11 organization shall consult with that nonmetro12 politan planning organization with respect to 

13 planning processes, to the maximum extent 

14 practicable. 

15 ‘‘(4) RELATIONSHIP WITH OTHER PLANNING

16 OFFICIALS.— 

17 ‘‘(A) IN GENERAL.—The Secretary shall 

18 encourage each metropolitan planning organiza19 tion to cooperate with Federal, tribal, State, 

20 and local officers and entities responsible for 

21 other types of planning activities that are af22 fected by transportation in the relevant area 

23 (including planned growth, economic develop24 ment, infrastructure services, housing, other 

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1 port operations, high-speed and intercity pas2 senger rail, freight rail, port access, and freight 

3 movements), to the maximum extent prac4 ticable, to ensure that the metropolitan trans5 portation planning process, metropolitan trans6 portation plans, and transportation improve7 ment programs are developed in cooperation 

8 with other related planning activities in the 

9 area. 

10 ‘‘(B) INCLUSION.—Cooperation under sub11 paragraph (A) shall include the design and de12 livery of transportation services within the met13 ropolitan area that are provided by— 

14 ‘‘(i) recipients of assistance under sec15 tions 202, 203, and 204; 

16 ‘‘(ii) recipients of assistance under 

17 chapter 53 of title 49; 

18 ‘‘(iii) government agencies and non19 profit organizations (including representa20 tives of the agencies and organizations) 

21 that receive Federal assistance from a 

22 source other than the Department of 

23 Transportation to provide nonemergency 

24 transportation services; and 


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1 ‘‘(iv) sponsors of regionally significant 

2 programs, projects, and services that are 

3 related to transportation and receive as4 sistance from any public or private source. 

5 ‘‘(5) COORDINATION OF OTHER FEDERALLY RE6 QUIRED PLANNING PROGRAMS.—The Secretary shall 

7 encourage each metropolitan planning organization 

8 to coordinate, to the maximum extent practicable, 

9 the development of metropolitan transportation 

10 plans and transportation improvement programs 

11 with other relevant federally required planning pro12 grams. 

13 ‘‘(h) SCOPE OF PLANNING PROCESS.— 

14 ‘‘(1) IN GENERAL.—The metropolitan transpor15 tation planning process for a metropolitan planning 

16 area under this section shall provide for consider17 ation of projects and strategies that will— 

18 ‘‘(A) support the economic vitality of the 

19 metropolitan area, especially by enabling global 

20 competitiveness, productivity, and efficiency; 

21 ‘‘(B) increase the safety of the transpor22 tation system for motorized and nonmotorized 

23 users; 


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1 ‘‘(C) increase the security of the transpor2 tation system for motorized and nonmotorized 

3 users; 

4 ‘‘(D) increase the accessibility and mobility 

5 of individuals and freight; 

6 ‘‘(E) protect and enhance the environment, 

7 promote energy conservation, improve the qual8 ity of life, and promote consistency between 

9 transportation improvements and State and 

10 local planned growth and economic development 

11 patterns; 

12 ‘‘(F) enhance the integration and 

13 connectivity of the transportation system, 

14 across and between modes, for individuals and 

15 freight; 

16 ‘‘(G) increase efficient system management 

17 and operation; and 

18 ‘‘(H) emphasize the preservation of the ex19 isting transportation system. 

20 ‘‘(2) PERFORMANCE-BASED APPROACH.— 

21 ‘‘(A) IN GENERAL.—The metropolitan 

22 transportation planning process shall provide 

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1 making to support the national goals described 

2 in section 150(b). 

3 ‘‘(B) PERFORMANCE TARGETS.— 

4 ‘‘(i) IN GENERAL.—Each metropolitan 

5 planning organization shall establish per6 formance targets that address the perform7 ance measures described in sections 119(f), 

8 148(h), 149(k), and 167(i) to use in track9 ing attainment of critical outcomes for the 

10 region of the metropolitan planning organi11 zation. 

12 ‘‘(ii) COORDINATION.—Selection of 

13 performance targets by a metropolitan 

14 planning organization shall be coordinated 

15 with the relevant State to ensure consist16 ency, to the maximum extent practicable. 

17 ‘‘(C) TIMING.—Each metropolitan plan18 ning organization shall establish the perform19 ance targets under subparagraph (B) not later 

20 than 90 days after the date of establishment by 

21 the relevant State of performance targets pur22 suant to sections 119(f), 148(h), 149(k), and 

23 167(i). 

24 ‘‘(D) INTEGRATION OF OTHER PERFORM25 ANCE-BASED PLANS.—A metropolitan planning 


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1 organization shall integrate in the metropolitan 

2 transportation planning process, directly or by 

3 reference, the goals, objectives, performance 

4 measures, and targets described in this para5 graph into other State plans and processes re6 quired as part of a performance-based program, 

7 including plans such as— 

8 ‘‘(i) the State National Highway Sys9 tem asset management plan; 

10 ‘‘(ii) the State strategic highway safe11 ty plan; 

12 ‘‘(iii) the congestion mitigation and 

13 air quality performance plan; 

14 ‘‘(iv) the national freight strategic 

15 plan; and 

16 ‘‘(v) the statewide transportation 

17 plan. 

18 ‘‘(E) USE OF PERFORMANCE MEASURES

19 AND TARGETS.—The performance measures 

20 and targets established under this paragraph 

21 shall be used, at a minimum, by the relevant 

22 metropolitan planning organization as the basis 

23 for development of policies, programs, and in24 vestment priorities reflected in the metropolitan 


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1 transportation plan and transportation improve2 ment program. 

3 ‘‘(3) FAILURE TO CONSIDER FACTORS.—The 

4 failure to take into consideration 1 or more of the 

5 factors specified in paragraphs (1) and (2) shall not 

6 be subject to review by any court under this title, 

7 chapter 53 of title 49, subchapter II of chapter 5 of 

8 title 5, or chapter 7 of title 5 in any matter affecting 

9 a metropolitan transportation plan, a transportation 

10 improvement program, a project or strategy, or the 

11 certification of a planning process. 

12 ‘‘(4) PARTICIPATION BY INTERESTED PAR13 TIES.— 

14 ‘‘(A) IN GENERAL.—Each metropolitan 

15 planning organization shall provide to affected 

16 individuals, public agencies, and other inter17 ested parties notice and a reasonable oppor18 tunity to comment on the metropolitan trans19 portation plan and transportation improvement 

20 program and any relevant scenarios. 

21 ‘‘(B) METHODS.—In carrying out subpara22 graph (A), the metropolitan planning organiza23 tion shall, to the maximum extent practicable— 

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1 ment program in consultation with inter2 ested parties, as appropriate, including by 

3 the formation of advisory groups represent4 ative of the community and interested par5 ties that participate in the development of 

6 the metropolitan transportation plan and 

7 transportation improvement program; 

8 ‘‘(ii) hold any public meetings at 

9 times and locations that are, as applica10 ble— 

11 ‘‘(I) convenient; and 

12 ‘‘(II) in compliance with the 

13 Americans with Disabilities Act of 

14 1990 (42 U.S.C. 12101 et seq.); 

15 ‘‘(iii) employ visualization techniques 

16 to describe metropolitan transportation 

17 plans and transportation improvement pro18 grams; and 

19 ‘‘(iv) make public information avail20 able in appropriate electronically accessible 

21 formats and means, such as the Internet, 

22 to afford reasonable opportunity for con23 sideration of public information under sub24 paragraph (A). 


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1 ‘‘(i) DEVELOPMENT OF METROPOLITAN TRANSPOR2 TATION PLAN.— 

3 ‘‘(1) DEVELOPMENT.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (B), not later than 5 years after 

6 the date of enactment of the MAP–21, and not 

7 less frequently than once every 5 years there8 after, each metropolitan planning organization 

9 shall prepare and update, respectively, a metro10 politan transportation plan for the relevant 

11 metropolitan planning area in accordance with 

12 this section. 

13 ‘‘(B) EXCEPTIONS.—A metropolitan plan14 ning organization shall prepare or update, as 

15 appropriate, the metropolitan transportation 

16 plan not less frequently than once every 4 years 

17 if the metropolitan planning organization is op18 erating within— 

19 ‘‘(i) a nonattainment area; or 

20 ‘‘(ii) a maintenance area. 

21 ‘‘(2) OTHER REQUIREMENTS.—A metropolitan 

22 transportation plan under this section shall— 

23 ‘‘(A) be in a form that the Secretary deter24 mines to be appropriate; 


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1 ‘‘(B) have a term of not less than 20 

2 years; and 

3 ‘‘(C) contain, at a minimum— 

4 ‘‘(i) an identification of the existing 

5 transportation infrastructure, including 

6 highways, local streets and roads, bicycle 

7 and pedestrian facilities, transit facilities 

8 and services, commuter rail facilities and 

9 services, high-speed and intercity pas10 senger rail facilities and services, freight 

11 facilities (including freight railroad and 

12 port facilities), multimodal and intermodal 

13 facilities, and intermodal connectors that, 

14 evaluated in the aggregate, function as an 

15 integrated metropolitan transportation sys16 tem; 

17 ‘‘(ii) a description of the performance 

18 measures and performance targets used in 

19 assessing the existing and future perform20 ance of the transportation system in ac21 cordance with subsection (h)(2); 

22 ‘‘(iii) a description of the current and 

23 projected future usage of the transpor24 tation system, including a projection based 

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1 cluding, to the extent practicable, an iden2 tification of existing or planned transpor3 tation rights-of-way, corridors, facilities, 

4 and related real properties; 

5 ‘‘(iv) a system performance report 

6 evaluating the existing and future condi7 tion and performance of the transportation 

8 system with respect to the performance 

9 targets described in subsection (h)(2) and 

10 updates in subsequent system performance 

11 reports, including— 

12 ‘‘(I) progress achieved by the 

13 metropolitan planning organization in 

14 meeting the performance targets in 

15 comparison with system performance 

16 recorded in previous reports; 

17 ‘‘(II) an accounting of the per18 formance of the metropolitan planning 

19 organization on outlay of obligated 

20 project funds and delivery of projects 

21 that have reached substantial comple22 tion in relation to— 

23 ‘‘(aa) the projects included 

24 in the transportation improve25 ment program; and 


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1 ‘‘(bb) the projects that have 

2 been removed from the previous 

3 transportation improvement pro4 gram; and 

5 ‘‘(III) when appropriate, an anal6 ysis of how the preferred scenario has 

7 improved the conditions and perform8 ance of the transportation system and 

9 how changes in local policies, invest10 ments, and growth have impacted the 

11 costs necessary to achieve the identi12 fied performance targets; 

13 ‘‘(v) recommended strategies and in14 vestments for improving system perform15 ance over the planning horizon, including 

16 transportation systems management and 

17 operations strategies, maintenance strate18 gies, demand management strategies, asset 

19 management strategies, capacity and en20 hancement investments, State and local 

21 economic development and land use im22 provements, intelligent transportation sys23 tems deployment, and technology adoption 

24 strategies, as determined by the projected 


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1 support of the performance targets de2 scribed in subsection (h)(2); 

3 ‘‘(vi) recommended strategies and in4 vestments to improve and integrate dis5 ability-related access to transportation in6 frastructure, including strategies and in7 vestments based on a preferred scenario, 

8 when appropriate; 

9 ‘‘(vii) investment priorities for using 

10 projected available and proposed revenues 

11 over the short- and long-term stages of the 

12 planning horizon, in accordance with the 

13 financial plan required under paragraph 

14 (4); 

15 ‘‘(viii) a description of interstate com16 pacts entered into in order to promote co17 ordinated transportation planning in 

18 multistate areas, if applicable; 

19 ‘‘(ix) an optional illustrative list of 

20 projects containing investments that— 

21 ‘‘(I) are not included in the met22 ropolitan transportation plan; but 

23 ‘‘(II) would be so included if re24 sources in addition to the resources 


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1 identified in the financial plan under 

2 paragraph (4) were available; 

3 ‘‘(x) a discussion (developed in con4 sultation with Federal, State, and tribal 

5 wildlife, land management, and regulatory 

6 agencies) of types of potential environ7 mental and stormwater mitigation activi8 ties and potential areas to carry out those 

9 activities, including activities that may 

10 have the greatest potential to restore and 

11 maintain the environmental functions af12 fected by the metropolitan transportation 

13 plan; and 

14 ‘‘(xi) recommended strategies and in15 vestments, including those developed by 

16 the State as part of interstate compacts, 

17 agreements, or organizations, that support 

18 intercity transportation. 

19 ‘‘(3) SCENARIO DEVELOPMENT.—When pre20 paring the metropolitan transportation plan, the 

21 metropolitan planning organization may, while fit22 ting the needs and complexity of their community, 

23 develop multiple scenarios for consideration as a 

24 part of the development of the metropolitan trans25 portation plan, in accordance with the following: 


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1 ‘‘(A) The scenarios— 

2 ‘‘(i) shall include potential regional in3 vestment strategies for the planning hori4 zon; 

5 ‘‘(ii) shall include assumed distribu6 tion of population and employment; 

7 ‘‘(iii) may include a scenario that, to 

8 the maximum extent practicable, maintains 

9 baseline conditions for the performance 

10 measures identified in subsection (h)(2); 

11 ‘‘(iv) may include a scenario that im12 proves the baseline conditions for as many 

13 of the performance measures under sub14 section (h)(2) as possible; 

15 ‘‘(v) may include a revenue con16 strained scenario based on total revenues 

17 reasonable expected to be available over 

18 the 20-year planning period and assumed 

19 population and employment; and 

20 ‘‘(vi) may include estimated costs and 

21 potential revenues available to support 

22 each scenario. 

23 ‘‘(B) In addition to the performance meas24 ures identified in subsection (h)(2), scenarios 

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1 ated using locally developed metrics for the fol2 lowing categories: 

3 ‘‘(i) Congestion and mobility, includ4 ing transportation use by mode. 

5 ‘‘(ii) Freight movement. 

6 ‘‘(iii) Safety. 

7 ‘‘(iv) Efficiency and costs to tax8 payers. 

9 ‘‘(4) FINANCIAL PLAN.—A financial plan re10 ferred to in paragraph (2)(C)(vii) shall— 

11 ‘‘(A) be prepared by each metropolitan 

12 planning organization to support the metropoli13 tan transportation plan; and 

14 ‘‘(B) contain a description of each of the 

15 following: 

16 ‘‘(i) Projected resource requirements 

17 for implementing projects, strategies, and 

18 services recommended in the metropolitan 

19 transportation plan, including existing and 

20 projected system operating and mainte21 nance needs, proposed enhancement and 

22 expansions to the system, projected avail23 able revenue from Federal, State, local, 

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1 ing techniques to finance projects and pro2 grams. 

3 ‘‘(ii) The projected difference between 

4 costs and revenues, and strategies for se5 curing additional new revenue (such as by 

6 capture of some of the economic value cre7 ated by any new investment). 

8 ‘‘(iii) Estimates of future funds, to be 

9 developed cooperatively by the metropolitan 

10 planning organization, any public transpor11 tation agency, and the State, that are rea12 sonably expected to be available to support 

13 the investment priorities recommended in 

14 the metropolitan transportation plan. 

15 ‘‘(iv) Each applicable project only if 

16 full funding can reasonably be anticipated 

17 to be available for the project within the 

18 time period contemplated for completion of 

19 the project. 

20 ‘‘(5) COORDINATION WITH CLEAN AIR ACT

21 AGENCIES.—The metropolitan planning organization 

22 for any metropolitan area that is a nonattainment 

23 area or maintenance area shall coordinate the devel24 opment of a transportation plan with the process for 

25 development of the transportation control measures 


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1 of the State implementation plan required by the 

2 Clean Air Act (42 U.S.C. 7401 et seq.). 

3 ‘‘(6) PUBLICATION.—On approval by the rel4 evant metropolitan planning organization, a metro5 politan transportation plan involving Federal partici6 pation shall be, at such times and in such manner 

7 as the Secretary shall require— 

8 ‘‘(A) published or otherwise made readily 

9 available by the metropolitan planning organi10 zation for public review, including (to the max11 imum extent practicable) in electronically acces12 sible formats and means, such as the Internet; 

13 and 

14 ‘‘(B) submitted for informational purposes 

15 to the applicable Governor. 

16 ‘‘(7) CONSULTATION.— 

17 ‘‘(A) IN GENERAL.—In each metropolitan 

18 area, the metropolitan planning organization 

19 shall consult, as appropriate, with Federal, trib20 al, State, and local agencies responsible for land 

21 use management, natural resources, environ22 mental protection, conservation, and historic 

23 preservation concerning the development of a 

24 metropolitan transportation plan. 


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1 ‘‘(B) ISSUES.—The consultation under 

2 subparagraph (A) shall involve, as available, 

3 consideration of— 

4 ‘‘(i) metropolitan transportation plans 

5 with Federal, tribal, State, and local con6 servation plans or maps; and 

7 ‘‘(ii) inventories of natural or historic 

8 resources. 

9 ‘‘(8) SELECTION OF PROJECTS FROM ILLUS10 TRATIVE LIST.—Notwithstanding paragraph (4), a 

11 State or metropolitan planning organization shall 

12 not be required to select any project from the illus13 trative list of additional projects included in the met14 ropolitan transportation plan under paragraph 

15 (2)(C)(ix). 

16 ‘‘(j) TRANSPORTATION IMPROVEMENT PROGRAM.— 

17 ‘‘(1) DEVELOPMENT.— 

18 ‘‘(A) IN GENERAL.—In cooperation with 

19 the applicable State and any affected public 

20 transportation operator, the metropolitan plan21 ning organization designated for a metropolitan 

22 area shall develop a transportation improvement 

23 program for the metropolitan planning area 

24 that— 


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1 ‘‘(i) contains projects consistent with 

2 the current metropolitan transportation 

3 plan; 

4 ‘‘(ii) reflects the investment priorities 

5 established in the current metropolitan 

6 transportation plan; and 

7 ‘‘(iii) once implemented, will make sig8 nificant progress toward achieving the tar9 gets established under subsection (h)(2). 

10 ‘‘(B) OPPORTUNITY FOR PARTICIPA11 TION.—In developing the transportation im12 provement program, the metropolitan planning 

13 organization, in cooperation with the State and 

14 any affected public transportation operator, 

15 shall provide an opportunity for participation by 

16 interested parties, in accordance with sub17 section (h)(4). 

18 ‘‘(C) UPDATING AND APPROVAL.—The 

19 transportation improvement program shall be— 

20 ‘‘(i) updated not less frequently than 

21 once every 4 years, on a cycle compatible 

22 with the development of the relevant state23 wide transportation improvement program 

24 under section 135; and 


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1 ‘‘(ii) approved by the applicable Gov2 ernor. 

3 ‘‘(2) CONTENTS.— 

4 ‘‘(A) PRIORITY LIST.—The transportation 

5 improvement program shall include a priority 

6 list of proposed federally supported projects and 

7 strategies to be carried out during the 4-year 

8 period beginning on the date of adoption of the 

9 transportation improvement program, and each 

10 4-year period thereafter, using existing and rea11 sonably available revenues in accordance with 

12 the financial plan under paragraph (3). 

13 ‘‘(B) DESCRIPTIONS.—Each project de14 scribed in the transportation improvement pro15 gram shall include sufficient descriptive mate16 rial (such as type of work, termini, length, and 

17 other similar factors) to identify the project or 

18 phase of the project and the effect that the 

19 project or project phase will have in addressing 

20 the targets described in subsection (h)(2). 

21 ‘‘(C) PERFORMANCE TARGET ACHIEVE22 MENT.—The transportation improvement pro23 gram shall include, to the maximum extent 

24 practicable, a description of the anticipated ef25 fect of the transportation improvement program 


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1 on attainment of the performance targets estab2 lished in the metropolitan transportation plan, 

3 linking investment priorities to those perform4 ance targets. 

5 ‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.— 

6 In developing a transportation improvement 

7 program, an optional illustrative list of projects 

8 may be prepared containing additional invest9 ment priorities that— 

10 ‘‘(i) are not included in the transpor11 tation improvement program; but 

12 ‘‘(ii) would be so included if resources 

13 in addition to the resources identified in 

14 the financial plan under paragraph (3) 

15 were available. 

16 ‘‘(3) FINANCIAL PLAN.—A financial plan re17 ferred to in paragraph (2)(D)(ii) shall— 

18 ‘‘(A) be prepared by each metropolitan 

19 planning organization to support the transpor20 tation improvement program; and 

21 ‘‘(B) contain a description of each of the 

22 following: 

23 ‘‘(i) Projected resource requirements 

24 for implementing projects, strategies, and 

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1 tation improvement program, including ex2 isting and projected system operating and 

3 maintenance needs, proposed enhancement 

4 and expansions to the system, projected 

5 available revenue from Federal, State, 

6 local, and private sources, and innovative 

7 financing techniques to finance projects 

8 and programs. 

9 ‘‘(ii) The projected difference between 

10 costs and revenues, and strategies for se11 curing additional new revenue (such as by 

12 capture of some of the economic value cre13 ated by any new investment). 

14 ‘‘(iii) Estimates of future funds, to be 

15 developed cooperatively by the metropolitan 

16 planning organization, any public transpor17 tation agency, and the State, that are rea18 sonably expected to be available to support 

19 the investment priorities recommended in 

20 the transportation improvement program. 

21 ‘‘(iv) Each applicable project, only if 

22 full funding can reasonably be anticipated 

23 to be available for the project within the 

24 time period contemplated for completion of 

25 the project. 


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1 ‘‘(4) INCLUDED PROJECTS.— 

2 ‘‘(A) PROJECTS UNDER THIS TITLE AND

3 CHAPTER 53 OF TITLE 49.—A transportation 

4 improvement program developed under this sub5 section for a metropolitan area shall include a 

6 description of the projects within the area that 

7 are proposed for funding under chapter 1 of 

8 this title and chapter 53 of title 49. 

9 ‘‘(B) PROJECTS UNDER CHAPTER 2.— 

10 ‘‘(i) REGIONALLY SIGNIFICANT.— 

11 Each regionally significant project pro12 posed for funding under chapter 2 shall be 

13 identified individually in the transportation 

14 improvement program. 

15 ‘‘(ii) NONREGIONALLY SIGNIFI16 CANT.—A description of each project pro17 posed for funding under chapter 2 that is 

18 not determined to be regionally significant 

19 shall be contained in 1 line item or identi20 fied individually in the transportation im21 provement program. 

22 ‘‘(5) OPPORTUNITY FOR PARTICIPATION.—Be23 fore approving a transportation improvement pro24 gram, a metropolitan planning organization, in co25 operation with the State and any affected public 


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1 transportation operator, shall provide an opportunity 

2 for participation by interested parties in the develop3 ment of the transportation improvement program, in 

4 accordance with subsection (h)(4). 

5 ‘‘(6) SELECTION OF PROJECTS.— 

6 ‘‘(A) IN GENERAL.—Each tier I MPO and 

7 tier II MPO shall select projects carried out 

8 within the boundaries of the applicable metro9 politan planning area from the transportation 

10 improvement program, in consultation with the 

11 relevant State and on concurrence of the af12 fected facility owner, for funds apportioned to 

13 the State under section 104(b)(2) and suballo14 cated to the metropolitan planning area under 

15 section 133(d). 

16 ‘‘(B) CMAQ PROJECTS.—Each tier I MPO 

17 shall select projects carried out within the 

18 boundaries of the applicable metropolitan plan19 ning area from the transportation improvement 

20 program, in consultation with the relevant State 

21 and on concurrence of the affected facility 

22 owner, for funds apportioned to the State under 

23 section 104(b)(4) and suballocated to the met24 ropolitan planning area under section 149(j). 


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1 ‘‘(C) MODIFICATIONS TO PROJECT PRI2 ORITY.—Notwithstanding any other provision of 

3 law, approval by the Secretary shall not be re4 quired to carry out a project included in a 

5 transportation improvement program in place of 

6 another project in the transportation improve7 ment program. 

8 ‘‘(7) PUBLICATION.— 

9 ‘‘(A) IN GENERAL.—A transportation im10 provement program shall be published or other11 wise made readily available by the applicable 

12 metropolitan planning organization for public 

13 review in electronically accessible formats and 

14 means, such as the Internet. 

15 ‘‘(B) ANNUAL LIST OF PROJECTS.—An an16 nual list of projects, including investments in 

17 pedestrian walkways, bicycle transportation fa18 cilities, and intermodal facilities that support 

19 intercity transportation, for which Federal 

20 funds have been obligated during the preceding 

21 fiscal year shall be published or otherwise made 

22 available by the cooperative effort of the State, 

23 transit operator, and metropolitan planning or24 ganization in electronically accessible formats 

25 and means, such as the Internet, in a manner 


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1 that is consistent with the categories identified 

2 in the relevant transportation improvement pro3 gram. 

4 ‘‘(k) PLANNING REQUIREMENTS FOR TIER II 

5 MPOS.— 

6 ‘‘(1) IN GENERAL.—The Secretary may provide 

7 for the performance-based development of a metro8 politan transportation plan and transportation im9 provement program for the metropolitan planning 

10 area of a tier II MPO, as the Secretary determines 

11 to be appropriate, taking into account— 

12 ‘‘(A) the complexity of transportation 

13 needs in the area; and 

14 ‘‘(B) the technical capacity of the metro15 politan planning organization. 

16 ‘‘(2) EVALUATION OF PERFORMANCE-BASED

17 PLANNING.—In reviewing a tier II MPO under sub18 section (m), the Secretary shall take into consider19 ation the effectiveness of the tier II MPO in imple20 menting and maintaining a performance-based plan21 ning process that— 

22 ‘‘(A) addresses the targets described in 

23 subsection (h)(2); and 

24 ‘‘(B) demonstrates progress on the 

25 achievement of those targets. 


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1 ‘‘(l) CERTIFICATION.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall— 

3 ‘‘(A) ensure that the metropolitan trans4 portation planning process of a metropolitan 

5 planning organization is being carried out in ac6 cordance with applicable Federal law; and 

7 ‘‘(B) subject to paragraph (2), certify, not 

8 less frequently than once every 4 years, that the 

9 requirements of subparagraph (A) are met with 

10 respect to the metropolitan transportation plan11 ning process. 

12 ‘‘(2) REQUIREMENTS FOR CERTIFICATION.— 

13 The Secretary may make a certification under para14 graph (1)(B) if— 

15 ‘‘(A) the metropolitan transportation plan16 ning process complies with the requirements of 

17 this section and other applicable Federal law; 

18 and 

19 ‘‘(B) a transportation improvement pro20 gram for the metropolitan planning area has 

21 been approved by the relevant metropolitan 

22 planning organization and Governor. 

23 ‘‘(3) DELEGATION OF AUTHORITY.—The Sec24 retary may— 


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1 ‘‘(A) delegate to the appropriate State 

2 fact-finding authority regarding the certification 

3 of a tier II MPO under this subsection; and 

4 ‘‘(B) make the certification under para5 graph (1) in consultation with the State. 

6 ‘‘(4) EFFECT OF FAILURE TO CERTIFY.— 

7 ‘‘(A) WITHHOLDING OF PROJECT

8 FUNDS.—If a metropolitan transportation plan9 ning process of a metropolitan planning organi10 zation is not certified under paragraph (1), the 

11 Secretary may withhold up to 20 percent of the 

12 funds attributable to the metropolitan planning 

13 area of the metropolitan planning organization 

14 for projects funded under this title and chapter 

15 53 of title 49. 

16 ‘‘(B) RESTORATION OF WITHHELD

17 FUNDS.—Any funds withheld under subpara18 graph (A) shall be restored to the metropolitan 

19 planning area on the date of certification of the 

20 metropolitan transportation planning process by 

21 the Secretary. 

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1 volvement appropriate to the metropolitan planning 

2 area under review. 

3 ‘‘(m) PERFORMANCE-BASED PLANNING PROCESSES

4 EVALUATION.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall estab6 lish criteria to evaluate the effectiveness of the per7 formance-based planning processes of metropolitan 

8 planning organizations under this section, taking 

9 into consideration the following: 

10 ‘‘(A) The extent to which the metropolitan 

11 planning organization has achieved, or is cur12 rently making substantial progress toward 

13 achieving, the targets specified in subsection 

14 (h)(2), taking into account whether the metro15 politan planning organization developed mean16 ingful performance targets. 

17 ‘‘(B) The extent to which the metropolitan 

18 planning organization has used proven best 

19 practices that help ensure transportation invest20 ment that is efficient and cost-effective. 

21 ‘‘(C) The extent to which the metropolitan 

22 planning organization— 

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1 ness to ensure that investments are trans2 parent and accountable; and 

3 ‘‘(ii) provides regular reports allowing 

4 the public to access the information being 

5 collected in a format that allows the public 

6 to meaningfully assess the performance of 

7 the metropolitan planning organization. 

8 ‘‘(2) REPORT.— 

9 ‘‘(A) IN GENERAL.—Not later than 5 years 

10 after the date of enactment of the MAP–21, the 

11 Secretary shall submit to Congress a report 

12 evaluating— 

13 ‘‘(i) the overall effectiveness of per14 formance-based planning as a tool for 

15 guiding transportation investments; and 

16 ‘‘(ii) the effectiveness of the perform17 ance-based planning process of each metro18 politan planning organization under this 

19 section. 

20 ‘‘(B) PUBLICATION.—The report under 

21 subparagraph (A) shall be published or other22 wise made available in electronically accessible 

23 formats and means, including on the Internet. 

24 ‘‘(n) ADDITIONAL REQUIREMENTS FOR CERTAIN

25 NONATTAINMENT AREAS.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of this title or chapter 53 of title 49, Fed3 eral funds may not be advanced in any metropolitan 

4 planning area classified as a nonattainment area or 

5 maintenance area for any highway project that will 

6 result in a significant increase in the carrying capac7 ity for single-occupant vehicles, unless the owner or 

8 operator of the project demonstrates that the project 

9 will achieve or make substantial progress toward 

10 achieving the targets described in subsection (h)(2). 

11 ‘‘(2) APPLICABILITY.—This subsection applies 

12 to any nonattainment area or maintenance area 

13 within the boundaries of a metropolitan planning 

14 area, as determined under subsection (c). 

15 ‘‘(o) EFFECT OF SECTION.—Nothing in this section 

16 provides to any metropolitan planning organization the 

17 authority to impose any legal requirement on any trans18 portation facility, provider, or project not subject to the 

19 requirements of this title or chapter 53 of title 49. 

20 ‘‘(p) FUNDING.—Funds apportioned under section 

21 104(b)(6) of this title and set aside under section 5305(g) 

22 of title 49 shall be available to carry out this section. 

23 ‘‘(q) CONTINUATION OF CURRENT REVIEW PRAC24 TICE.— 


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1 ‘‘(1) IN GENERAL.—In consideration of the fac2 tors described in paragraph (2), any decision by the 

3 Secretary concerning a metropolitan transportation 

4 plan or transportation improvement program shall 

5 not be considered to be a Federal action subject to 

6 review under the National Environmental Policy Act 

7 of 1969 (42 U.S.C. 4321 et seq.). 

8 ‘‘(2) DESCRIPTION OF FACTORS.—The factors 

9 referred to in paragraph (1) are that— 

10 ‘‘(A) metropolitan transportation plans and 

11 transportation improvement programs are sub12 ject to a reasonable opportunity for public com13 ment; 

14 ‘‘(B) the projects included in metropolitan 

15 transportation plans and transportation im16 provement programs are subject to review 

17 under the National Environmental Policy Act of 

18 1969 (42 U.S.C. 4321 et seq.); and 

19 ‘‘(C) decisions by the Secretary concerning 

20 metropolitan transportation plans and transpor21 tation improvement programs have not been re22 viewed under the National Environmental Pol23 icy Act of 1969 (42 U.S.C. 4321 et seq.) as of 

24 January 1, 1997.’’. 


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1 SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANS2 PORTATION PLANNING. 

3 (a) IN GENERAL.—Section 135 of title 23, United 

4 States Code, is amended to read as follows: 

5 ‘‘§ 135. Statewide and nonmetropolitan transpor6 tation planning 

7 ‘‘(a) STATEWIDE TRANSPORTATION PLANS AND

8 STIPS.— 

9 ‘‘(1) DEVELOPMENT.— 

10 ‘‘(A) IN GENERAL.—To accomplish the 

11 policy objectives described in section 134(a), 

12 each State shall develop a statewide transpor13 tation plan and a statewide transportation im14 provement program for all areas of the State in 

15 accordance with this section. 

16 ‘‘(B) INCORPORATION OF METROPOLITAN

17 TRANSPORTATION PLANS AND TIPS.—Each 

18 State shall incorporate in the statewide trans19 portation plan and statewide transportation im20 provement program, without change or by ref21 erence, the metropolitan transportation plans 

22 and transportation improvement programs, re23 spectively, for each metropolitan planning area 

24 in the State. 

25 ‘‘(C) NONMETROPOLITAN AREAS.—Each 

26 State shall coordinate with local officials in 


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1 small urbanized and nonurbanized areas of the 

2 State in preparing the nonmetropolitan portions 

3 of statewide transportation plans and statewide 

4 transportation improvement programs. 

5 ‘‘(2) CONTENTS.—The statewide transportation 

6 plan and statewide transportation improvement pro7 gram developed for each State shall provide for the 

8 development and integrated management and oper9 ation of transportation systems and facilities (includ10 ing accessible pedestrian walkways, bicycle transpor11 tation facilities, and intermodal facilities that sup12 port intercity transportation) that will function as— 

13 ‘‘(A) an intermodal transportation system 

14 for the State; and 

15 ‘‘(B) an integral part of an intermodal 

16 transportation system for the United States. 

17 ‘‘(3) PROCESS.—The process for developing the 

18 statewide transportation plan and statewide trans19 portation improvement program shall— 

20 ‘‘(A) provide for consideration of all modes 

21 of transportation; and 

22 ‘‘(B) be continuing, cooperative, and com23 prehensive to the degree appropriate, based on 

24 the complexity of the transportation needs to be 

25 addressed. 


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1 ‘‘(b) COORDINATION.— 

2 ‘‘(1) IN GENERAL.—Each State shall— 

3 ‘‘(A) coordinate planning carried out under 

4 this section with— 

5 ‘‘(i) the transportation planning ac6 tivities carried out under section 134 for 

7 metropolitan areas of the State; and 

8 ‘‘(ii) statewide trade and economic de9 velopment planning activities and related 

10 multistate planning efforts; 

11 ‘‘(B) coordinate planning carried out under 

12 this section with the transportation planning 

13 activities carried out by each nonmetropolitan 

14 planning organization in the State, as applica15 ble; and 

16 ‘‘(C) develop the transportation portion of 

17 the State implementation plan as required by 

18 the Clean Air Act (42 U.S.C. 7401 et seq.). 

19 ‘‘(2) MULTISTATE AREAS.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 encourage each Governor with responsibility for 

22 a portion of a multistate metropolitan planning 

23 area and the appropriate metropolitan planning 

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1 tation planning for the entire metropolitan 

2 area. 

3 ‘‘(B) COORDINATION ALONG DESIGNATED

4 TRANSPORTATION CORRIDORS.—The Secretary 

5 shall encourage each Governor with responsi6 bility for a portion of a multistate transpor7 tation corridor to provide coordinated transpor8 tation planning for the entire designated cor9 ridor. 

10 ‘‘(C) INTERSTATE COMPACTS.—For pur11 poses of this section, any 2 or more States— 

12 ‘‘(i) may enter into compacts, agree13 ments, or organizations not in conflict with 

14 any Federal law for cooperative efforts and 

15 mutual assistance in support of activities 

16 authorized under this section, as the activi17 ties relate to interstate areas and localities 

18 within the States; 

19 ‘‘(ii) may establish such agencies 

20 (joint or otherwise) as the States deter21 mine to be appropriate for ensuring the ef22 fectiveness of the agreements and com23 pacts; and 

24 ‘‘(iii) are encouraged to enter into 

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1 tions as are appropriate to develop plan2 ning documents in support of intercity or 

3 multistate area projects, facilities, and 

4 services, the relevant components of which 

5 shall be reflected in statewide transpor6 tation improvement programs and state7 wide transportation plans. 

8 ‘‘(D) RESERVATION OF RIGHTS.—The 

9 right to alter, amend, or repeal any interstate 

10 compact or agreement entered into under this 

11 subsection is expressly reserved. 

12 ‘‘(c) RELATIONSHIP WITH OTHER PLANNING OFFI13 CIALS.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall encour15 age each State to cooperate with Federal, tribal, 

16 State, and local officers and entities responsible for 

17 other types of planning activities that are affected 

18 by transportation in the relevant area (including 

19 planned growth, economic development, infrastruc20 ture services, housing, other public services, environ21 mental protection, airport operations, high-speed and 

22 intercity passenger rail, freight rail, port access, and 

23 freight movements), to the maximum extent prac24 ticable, to ensure that the statewide and nonmetro25 politan planning process, statewide transportation 


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1 plans, and statewide transportation improvement 

2 programs are developed with due consideration for 

3 other related planning activities in the State. 

4 ‘‘(2) INCLUSION.—Cooperation under para5 graph (1) shall include the design and delivery of 

6 transportation services within the State that are pro7 vided by— 

8 ‘‘(A) recipients of assistance under sections 

9 202, 203, and 204; 

10 ‘‘(B) recipients of assistance under chapter 

11 53 of title 49; 

12 ‘‘(C) government agencies and nonprofit 

13 organizations (including representatives of the 

14 agencies and organizations) that receive Federal 

15 assistance from a source other than the Depart16 ment of Transportation to provide non17 emergency transportation services; and 

18 ‘‘(D) sponsors of regionally significant pro19 grams, projects, and services that are related to 

20 transportation and receive assistance from any 

21 public or private source. 

22 ‘‘(d) SCOPE OF PLANNING PROCESS.— 

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1 tion shall provide for consideration of projects, strat2 egies, and services that will— 

3 ‘‘(A) support the economic vitality of the 

4 United States, the State, nonmetropolitan 

5 areas, and metropolitan areas, especially by en6 abling global competitiveness, productivity, and 

7 efficiency; 

8 ‘‘(B) increase the safety of the transpor9 tation system for motorized and nonmotorized 

10 users; 

11 ‘‘(C) increase the security of the transpor12 tation system for motorized and nonmotorized 

13 users; 

14 ‘‘(D) increase the accessibility and mobility 

15 of individuals and freight; 

16 ‘‘(E) protect and enhance the environment, 

17 promote energy conservation, improve the qual18 ity of life, and promote consistency between 

19 transportation improvements and State and 

20 local planned growth and economic development 

21 patterns; 

22 ‘‘(F) enhance the integration and 

23 connectivity of the transportation system, 

24 across and between modes, for individuals and 

25 freight; 


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1 ‘‘(G) increase efficient system management 

2 and operation; and 

3 ‘‘(H) emphasize the preservation of the ex4 isting transportation system. 

5 ‘‘(2) PERFORMANCE-BASED APPROACH.— 

6 ‘‘(A) IN GENERAL.—The statewide trans7 portation planning process shall provide for the 

8 establishment and use of a performance-based 

9 approach to transportation decisionmaking to 

10 support the national goals described in section 

11 150(b). 

12 ‘‘(B) PERFORMANCE TARGETS.— 

13 ‘‘(i) IN GENERAL.—Each State shall 

14 establish performance targets that address 

15 the performance measures described in sec16 tions 119(f), 148(h), 149(k), and 167(i) to 

17 use in tracking attainment of critical out18 comes for the region of the State. 

19 ‘‘(ii) COORDINATION.—Selection of 

20 performance targets by a State shall be co21 ordinated with relevant metropolitan plan22 ning organizations to ensure consistency, 

23 to the maximum extent practicable. 

24 ‘‘(C) INTEGRATION OF OTHER PERFORM25 ANCE-BASED PLANS.—A State shall integrate 


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1 into the statewide transportation planning proc2 ess, directly or by reference, the goals, objec3 tives, performance measures, and targets de4 scribed in this paragraph in other State plans 

5 and processes required as part of a perform6 ance-based program, including plans such as— 

7 ‘‘(i) the State National Highway Sys8 tem asset management plan; 

9 ‘‘(ii) the State strategic highway safe10 ty plan; 

11 ‘‘(iii) the congestion mitigation and 

12 air quality performance plan; and 

13 ‘‘(iv) the national freight strategic 

14 plan. 

15 ‘‘(D) USE OF PERFORMANCE MEASURES

16 AND TARGETS.—The performance measures 

17 and targets established under this paragraph 

18 shall be used, at a minimum, by a State as the 

19 basis for development of policies, programs, and 

20 investment priorities reflected in the statewide 

21 transportation plan and statewide transpor22 tation improvement program. 

23 ‘‘(3) FAILURE TO CONSIDER FACTORS.—The 

24 failure to take into consideration 1 or more of the 

25 factors specified in paragraphs (1) and (2) shall not 


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1 be subject to review by any court under this title, 

2 chapter 53 of title 49, subchapter II of chapter 5 of 

3 title 5, or chapter 7 of title 5 in any matter affecting 

4 a statewide transportation plan, a statewide trans5 portation improvement program, a project or strat6 egy, or the certification of a planning process. 

7 ‘‘(4) PARTICIPATION BY INTERESTED PAR8 TIES.— 

9 ‘‘(A) IN GENERAL.—Each State shall pro10 vide to affected individuals, public agencies, and 

11 other interested parties notice and a reasonable 

12 opportunity to comment on the statewide trans13 portation plan and statewide transportation im14 provement program. 

15 ‘‘(B) METHODS.—In carrying out subpara16 graph (A), the State shall, to the maximum ex17 tent practicable— 

18 ‘‘(i) develop the statewide transpor19 tation plan and statewide transportation 

20 improvement program in consultation with 

21 interested parties, as appropriate, includ22 ing by the formation of advisory groups 

23 representative of the State and interested 

24 parties that participate in the development 

25 of the statewide transportation plan and 


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1 statewide transportation improvement pro2 gram; 

3 ‘‘(ii) hold any public meetings at 

4 times and locations that are, as applica5 ble— 

6 ‘‘(I) convenient; and 

7 ‘‘(II) in compliance with the 

8 Americans with Disabilities Act of 

9 1990 (42 U.S.C. 12101 et seq.); 

10 ‘‘(iii) employ visualization techniques 

11 to describe statewide transportation plans 

12 and statewide transportation improvement 

13 programs; and 

14 ‘‘(iv) make public information avail15 able in appropriate electronically accessible 

16 formats and means, such as the Internet, 

17 to afford reasonable opportunity for con18 sideration of public information under sub19 paragraph (A). 

20 ‘‘(e) COORDINATION AND CONSULTATION.— 

21 ‘‘(1) METROPOLITAN AREAS.— 

22 ‘‘(A) IN GENERAL.—Each State shall de23 velop a statewide transportation plan and state24 wide transportation improvement program for 

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1 porating, without change or by reference, at a 

2 minimum, as prepared by each metropolitan 

3 planning organization designated for the metro4 politan area under section 134— 

5 ‘‘(i) all regionally significant projects 

6 to be carried out during the 10-year period 

7 beginning on the effective date of the rel8 evant existing metropolitan transportation 

9 plan; and 

10 ‘‘(ii) all projects to be carried out dur11 ing the 4-year period beginning on the ef12 fective date of the relevant transportation 

13 improvement program. 

14 ‘‘(B) PROJECTED COSTS.—Each metropoli15 tan planning organization shall provide to each 

16 applicable State a description of the projected 

17 costs of implementing the projects included in 

18 the metropolitan transportation plan of the 

19 metropolitan planning organization for purposes 

20 of long-range financial planning and fiscal con21 straint. 

22 ‘‘(2) NONMETROPOLITAN AREAS.—With respect 

23 to nonmetropolitan areas in a State, the statewide 

24 transportation plan and statewide transportation im25 provement program of the State shall be developed 


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1 in coordination with affected nonmetropolitan local 

2 officials with responsibility for transportation. 

3 ‘‘(3) INDIAN TRIBAL AREAS.—With respect to 

4 each area of a State under the jurisdiction of an In5 dian tribe, the statewide transportation plan and 

6 statewide transportation improvement program of 

7 the State shall be developed in consultation with— 

8 ‘‘(A) the tribal government; and 

9 ‘‘(B) the Secretary of the Interior. 

10 ‘‘(4) FEDERAL LAND MANAGEMENT AGEN11 CIES.—With respect to each area of a State under 

12 the jurisdiction of a Federal land management agen13 cy, the statewide transportation plan and statewide 

14 transportation improvement program of the State 

15 shall be developed in consultation with the relevant 

16 Federal land management agency. 

17 ‘‘(5) CONSULTATION, COMPARISON, AND CON18 SIDERATION.— 

19 ‘‘(A) IN GENERAL.—A statewide transpor20 tation plan shall be developed, as appropriate, 

21 in consultation with Federal, tribal, State, and 

22 local agencies responsible for land use manage23 ment, natural resources, infrastructure permit24 ting, environmental protection, conservation, 

25 and historic preservation. 


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1 ‘‘(B) COMPARISON AND CONSIDERATION.— 

2 Consultation under subparagraph (A) shall in3 volve the comparison of statewide transpor4 tation plans to, as available— 

5 ‘‘(i) Federal, tribal, State, and local 

6 conservation plans or maps; and 

7 ‘‘(ii) inventories of natural or historic 

8 resources. 

9 ‘‘(f) STATEWIDE TRANSPORTATION PLAN.— 

10 ‘‘(1) DEVELOPMENT.— 

11 ‘‘(A) IN GENERAL.—Each State shall de12 velop a statewide transportation plan, the fore13 cast period of which shall be not less than 20 

14 years for all areas of the State, that provides 

15 for the development and implementation of the 

16 intermodal transportation system of the State. 

17 ‘‘(B) INITIAL PERIOD.—A statewide trans18 portation plan shall include, at a minimum, for 

19 the first 10-year period of the statewide trans20 portation plan, the identification of existing and 

21 future transportation facilities that will function 

22 as an integrated statewide transportation sys23 tem, giving emphasis to those facilities that 

24 serve important national, statewide, and re25 gional transportation functions. 


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1 ‘‘(C) SUBSEQUENT PERIOD.—For the sec2 ond 10-year period of the statewide transpor3 tation plan (referred to in this subsection as the 

4 ‘outer years period’), a statewide transportation 

5 plan— 

6 ‘‘(i) may include identification of fu7 ture transportation facilities; and 

8 ‘‘(ii) shall describe the policies and 

9 strategies that provide for the development 

10 and implementation of the intermodal 

11 transportation system of the State. 

12 ‘‘(D) OTHER REQUIREMENTS.—A state13 wide transportation plan shall— 

14 ‘‘(i) include, for the 20-year period 

15 covered by the statewide transportation 

16 plan, a description of— 

17 ‘‘(I) the projected aggregate cost 

18 of projects anticipated by a State to 

19 be implemented; and 

20 ‘‘(II) the revenues necessary to 

21 support the projects; 

22 ‘‘(ii) include, in such form as the Sec23 retary determines to be appropriate, a de24 scription of— 


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1 ‘‘(I) the existing transportation 

2 infrastructure, including an identifica3 tion of highways, local streets and 

4 roads, bicycle and pedestrian facilities, 

5 transit facilities and services, com6 muter rail facilities and services, high7 speed and intercity passenger rail fa8 cilities and services, freight facilities 

9 (including freight railroad and port 

10 facilities), multimodal and intermodal 

11 facilities, and intermodal connectors 

12 that, evaluated in the aggregate, func13 tion as an integrated transportation 

14 system; 

15 ‘‘(II) the performance measures 

16 and performance targets used in as17 sessing the existing and future per18 formance of the transportation system 

19 described in subsection (d)(2); 

20 ‘‘(III) the current and projected 

21 future usage of the transportation 

22 system, including, to the maximum 

23 extent practicable, an identification of 

24 existing or planned transportation 


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1 rights-of-way, corridors, facilities, and 

2 related real properties; 

3 ‘‘(IV) a system performance re4 port evaluating the existing and fu5 ture condition and performance of the 

6 transportation system with respect to 

7 the performance targets described in 

8 subsection (d)(2) and updates to sub9 sequent system performance reports, 

10 including— 

11 ‘‘(aa) progress achieved by 

12 the State in meeting performance 

13 targets, as compared to system 

14 performance recorded in previous 

15 reports; and 

16 ‘‘(bb) an accounting of the 

17 performance by the State on out18 lay of obligated project funds and 

19 delivery of projects that have 

20 reached substantial completion, 

21 in relation to the projects cur22 rently on the statewide transpor23 tation improvement program and 

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1 wide transportation improvement 

2 program; 

3 ‘‘(V) recommended strategies and 

4 investments for improving system per5 formance over the planning horizon, 

6 including transportation systems man7 agement and operations strategies, 

8 maintenance strategies, demand man9 agement strategies, asset management 

10 strategies, capacity and enhancement 

11 investments, land use improvements, 

12 intelligent transportation systems de13 ployment and technology adoption 

14 strategies as determined by the pro15 jected support of targets described in 

16 subsection (d)(2); 

17 ‘‘(VI) recommended strategies 

18 and investments to improve and inte19 grate disability-related access to 

20 transportation infrastructure; 

21 ‘‘(VII) investment priorities for 

22 using projected available and proposed 

23 revenues over the short- and long24 term stages of the planning horizon, 


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1 in accordance with the financial plan 

2 required under paragraph (2); 

3 ‘‘(VIII) a description of inter4 state compacts entered into in order 

5 to promote coordinated transportation 

6 planning in multistate areas, if appli7 cable; 

8 ‘‘(IX) an optional illustrative list 

9 of projects containing investments 

10 that— 

11 ‘‘(aa) are not included in the 

12 statewide transportation plan; 

13 but 

14 ‘‘(bb) would be so included if 

15 resources in addition to the re16 sources identified in the financial 

17 plan under paragraph (2) were 

18 available; 

19 ‘‘(X) a discussion (developed in 

20 consultation with Federal, State, and 

21 tribal wildlife, land management, and 

22 regulatory agencies) of types of poten23 tial environmental and stormwater 

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1 cluding activities that may have the 

2 greatest potential to restore and 

3 maintain the environmental functions 

4 affected by the statewide transpor5 tation plan; and 

6 ‘‘(XI) recommended strategies 

7 and investments, including those de8 veloped by the State as part of inter9 state compacts, agreements, or orga10 nizations, that support intercity trans11 portation; and 

12 ‘‘(iii) be updated by the State not less 

13 frequently than once every 5 years. 

14 ‘‘(2) FINANCIAL PLAN.—A financial plan re15 ferred to in paragraph (1)(D)(ii)(VII) shall— 

16 ‘‘(A) be prepared by each State to support 

17 the statewide transportation plan; and 

18 ‘‘(B) contain a description of each of the 

19 following: 

20 ‘‘(i) Projected resource requirements 

21 during the 20-year planning horizon for 

22 implementing projects, strategies, and 

23 services recommended in the statewide 

24 transportation plan, including existing and 

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1 nance needs, proposed enhancement and 

2 expansions to the system, projected avail3 able revenue from Federal, State, local, 

4 and private sources, and innovative financ5 ing techniques to finance projects and pro6 grams. 

7 ‘‘(ii) The projected difference between 

8 costs and revenues, and strategies for se9 curing additional new revenue (such as by 

10 capture of some of the economic value cre11 ated by any new investment). 

12 ‘‘(iii) Estimates of future funds, to be 

13 developed cooperatively by the State, any 

14 public transportation agency, and relevant 

15 metropolitan planning organizations, that 

16 are reasonably expected to be available to 

17 support the investment priorities rec18 ommended in the statewide transportation 

19 plan. 

20 ‘‘(iv) Each applicable project, only if 

21 full funding can reasonably be anticipated 

22 to be available for the project within the 

23 time period contemplated for completion of 

24 the project. 


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1 ‘‘(v) For the outer years period of the 

2 statewide transportation plan, a descrip3 tion of the aggregate cost ranges or bands, 

4 subject to the condition that any future 

5 funding source shall be reasonably ex6 pected to be available to support the pro7 jected cost ranges or bands. 

8 ‘‘(3) COORDINATION WITH CLEAN AIR ACT

9 AGENCIES.—For any nonmetropolitan area that is a 

10 nonattainment area or maintenance area, the State 

11 shall coordinate the development of the statewide 

12 transportation plan with the process for development 

13 of the transportation control measures of the State 

14 implementation plan required by the Clean Air Act 

15 (42 U.S.C. 7401 et seq.). 

16 ‘‘(4) PUBLICATION.—A statewide transpor17 tation plan involving Federal and non-Federal par18 ticipation programs, projects, and strategies shall be 

19 published or otherwise made readily available by the 

20 State for public review, including (to the maximum 

21 extent practicable) in electronically accessible for22 mats and means, such as the Internet, in such man23 ner as the Secretary shall require. 

24 ‘‘(5) SELECTION OF PROJECTS FROM ILLUS25 TRATIVE LIST.—Notwithstanding paragraph (2), a 


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1 State shall not be required to select any project from 

2 the illustrative list of additional projects included in 

3 the statewide transportation plan under paragraph 

4 (1)(D)(ii)(IX). 

5 ‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT

6 PROGRAMS.— 

7 ‘‘(1) DEVELOPMENT.— 

8 ‘‘(A) IN GENERAL.—In cooperation with 

9 nonmetropolitan officials with responsibility for 

10 transportation and affected public transpor11 tation operators, the State shall develop a state12 wide transportation improvement program for 

13 the State that— 

14 ‘‘(i) includes projects consistent with 

15 the statewide transportation plan; 

16 ‘‘(ii) reflects the investment priorities 

17 established in the statewide transportation 

18 plan; and 

19 ‘‘(iii) once implemented, makes sig20 nificant progress toward achieving the tar21 gets described in subsection (d)(2). 

22 ‘‘(B) OPPORTUNITY FOR PARTICIPA23 TION.—In developing a statewide transportation 

24 improvement program, the State, in cooperation 

25 with affected public transportation operators, 


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1 shall provide an opportunity for participation by 

2 interested parties in the development of the 

3 statewide transportation improvement program, 

4 in accordance with subsection (e). 

5 ‘‘(C) OTHER REQUIREMENTS.— 

6 ‘‘(i) IN GENERAL.—A statewide trans7 portation improvement program shall— 

8 ‘‘(I) cover a period of not less 

9 than 4 years; and 

10 ‘‘(II) be updated not less fre11 quently than once every 4 years, or 

12 more frequently, as the Governor de13 termines to be appropriate. 

14 ‘‘(ii) INCORPORATION OF TIPS.—A 

15 statewide transportation improvement pro16 gram shall incorporate any relevant trans17 portation improvement program developed 

18 by a metropolitan planning organization 

19 under section 134, without change. 

20 ‘‘(iii) PROJECTS.—Each project in21 cluded in a statewide transportation im22 provement program shall be— 

23 ‘‘(I) consistent with the statewide 

24 transportation plan developed under 

25 this section for the State; 


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1 ‘‘(II) identical to a project or 

2 phase of a project described in a rel3 evant transportation improvement 

4 program; and 

5 ‘‘(III) for any project located in a 

6 nonattainment area or maintenance 

7 area, carried out in accordance with 

8 the applicable State air quality imple9 mentation plan developed under the 

10 Clean Air Act (42 U.S.C. 7401 et 

11 seq.). 

12 ‘‘(2) CONTENTS.— 

13 ‘‘(A) PRIORITY LIST.—A statewide trans14 portation improvement program shall include a 

15 priority list of proposed federally supported 

16 projects and strategies, to be carried out during 

17 the 4-year period beginning on the date of 

18 adoption of the statewide transportation im19 provement program, and during each 4-year pe20 riod thereafter, using existing and reasonably 

21 available revenues in accordance with the finan22 cial plan under paragraph (3). 

23 ‘‘(B) DESCRIPTIONS.—Each project or 

24 phase of a project included in a statewide trans25 portation improvement program shall include 


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1 sufficient descriptive material (such as type of 

2 work, termini, length, estimated completion 

3 date, and other similar factors) to identify— 

4 ‘‘(i) the project or project phase; and 

5 ‘‘(ii) the effect that the project or 

6 project phase will have in addressing the 

7 targets described in subsection (d)(2). 

8 ‘‘(C) PERFORMANCE TARGET ACHIEVE9 MENT.—A statewide transportation improve10 ment program shall include, to the maximum 

11 extent practicable, a discussion of the antici12 pated effect of the statewide transportation im13 provement program toward achieving the per14 formance targets established in the statewide 

15 transportation plan, linking investment prior16 ities to those performance targets. 

17 ‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.— 

18 An optional illustrative list of projects may be 

19 prepared containing additional investment pri20 orities that— 

21 ‘‘(i) are not included in the statewide 

22 transportation improvement program; but 

23 ‘‘(ii) would be so included if resources 

24 in addition to the resources identified in 


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1 the financial plan under paragraph (3) 

2 were available. 

3 ‘‘(3) FINANCIAL PLAN.—A financial plan re4 ferred to in paragraph (2)(A) shall— 

5 ‘‘(A) be prepared by each State to support 

6 the statewide transportation improvement pro7 gram; and 

8 ‘‘(B) contain a description of each of the 

9 following: 

10 ‘‘(i) Projected resource requirements 

11 for implementing projects, strategies, and 

12 services recommended in the statewide 

13 transportation improvement program, in14 cluding existing and projected system oper15 ating and maintenance needs, proposed en16 hancement and expansions to the system, 

17 projected available revenue from Federal, 

18 State, local, and private sources, and inno19 vative financing techniques to finance 

20 projects and programs. 

21 ‘‘(ii) The projected difference between 

22 costs and revenues, and strategies for se23 curing additional new revenue (such as by 

24 capture of some of the economic value cre25 ated by any new investment). 


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1 ‘‘(iii) Estimates of future funds, to be 

2 developed cooperatively by the State and 

3 relevant metropolitan planning organiza4 tions and public transportation agencies, 

5 that are reasonably expected to be avail6 able to support the investment priorities 

7 recommended in the statewide transpor8 tation improvement program. 

9 ‘‘(iv) Each applicable project, only if 

10 full funding can reasonably be anticipated 

11 to be available for the project within the 

12 time period contemplated for completion of 

13 the project. 

14 ‘‘(4) INCLUDED PROJECTS.— 

15 ‘‘(A) PROJECTS UNDER THIS TITLE AND

16 CHAPTER 53 OF TITLE 49.—A statewide trans17 portation improvement program developed 

18 under this subsection for a State shall include 

19 the projects within the State that are proposed 

20 for funding under chapter 1 of this title and 

21 chapter 53 of title 49. 

22 ‘‘(B) PROJECTS UNDER CHAPTER 2.— 

23 ‘‘(i) REGIONALLY SIGNIFICANT.— 

24 Each regionally significant project pro25 posed for funding under chapter 2 shall be 


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1 identified individually in the statewide 

2 transportation improvement program. 

3 ‘‘(ii) NONREGIONALLY SIGNIFI4 CANT.—A description of each project pro5 posed for funding under chapter 2 that is 

6 not determined to be regionally significant 

7 shall be contained in 1 line item or identi8 fied individually in the statewide transpor9 tation improvement program. 

10 ‘‘(5) PUBLICATION.— 

11 ‘‘(A) IN GENERAL.—A statewide transpor12 tation improvement program shall be published 

13 or otherwise made readily available by the State 

14 for public review in electronically accessible for15 mats and means, such as the Internet. 

16 ‘‘(B) ANNUAL LIST OF PROJECTS.—An an17 nual list of projects, including investments in 

18 pedestrian walkways, bicycle transportation fa19 cilities, and intermodal facilities that support 

20 intercity transportation, for which Federal 

21 funds have been obligated during the preceding 

22 fiscal year shall be published or otherwise made 

23 available by the cooperative effort of the State, 

24 transit operator, and relevant metropolitan 

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1 sible formats and means, such as the Internet, 

2 in a manner that is consistent with the cat3 egories identified in the relevant statewide 

4 transportation improvement program. 

5 ‘‘(6) PROJECT SELECTION FOR URBANIZED

6 AREAS WITH POPULATIONS OF FEWER THAN 200,000

7 NOT REPRESENTED BY DESIGNATED MPOS.— 

8 Projects carried out in urbanized areas with popu9 lations of fewer than 200,000 individuals, and that 

10 are not represented by designated metropolitan plan11 ning organizations, shall be selected, from the ap12 proved statewide transportation improvement pro13 gram (including projects carried out on the National 

14 Highway System and other projects carried out 

15 under this title or under sections 5310 and 5311 of 

16 title 49) by the State, in cooperation with the af17 fected nonmetropolitan planning organization, if any 

18 exists, and in consultation with the affected non19 metropolitan area local officials with responsibility 

20 for transportation. 

21 ‘‘(7) APPROVAL BY SECRETARY.— 

22 ‘‘(A) IN GENERAL.—Not less frequently 

23 than once every 4 years, a statewide transpor24 tation improvement program developed under 

25 this subsection shall be reviewed and approved 


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1 by the Secretary, based on the current planning 

2 finding of the Secretary under subparagraph 

3 (B). 

4 ‘‘(B) PLANNING FINDING.—The Secretary 

5 shall make a planning finding referred to in 

6 subparagraph (A) not less frequently than once 

7 every 5 years regarding whether the transpor8 tation planning process through which statewide 

9 transportation plans and statewide transpor10 tation improvement programs are developed is 

11 consistent with this section and section 134. 

12 ‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.— 

13 Notwithstanding any other provision of law, ap14 proval by the Secretary shall not be required to 

15 carry out a project included in an approved state16 wide transportation improvement program in place 

17 of another project in the statewide transportation 

18 improvement program. 

19 ‘‘(h) CERTIFICATION.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall— 

21 ‘‘(A) ensure that the statewide transpor22 tation planning process of a State is being car23 ried out in accordance with applicable Federal 

24 law; and 


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1 ‘‘(B) subject to paragraph (2), certify, not 

2 less frequently than once every 5 years, that the 

3 requirements of subparagraph (A) are met with 

4 respect to the statewide transportation planning 

5 process. 

6 ‘‘(2) REQUIREMENTS FOR CERTIFICATION.— 

7 The Secretary may make a certification under para8 graph (1)(B) if— 

9 ‘‘(A) the statewide transportation planning 

10 process complies with the requirements of this 

11 section and other applicable Federal law; and 

12 ‘‘(B) a statewide transportation improve13 ment program for the State has been approved 

14 by the Governor of the State. 

15 ‘‘(3) EFFECT OF FAILURE TO CERTIFY.— 

16 ‘‘(A) WITHHOLDING OF PROJECT

17 FUNDS.—If a statewide transportation planning 

18 process of a State is not certified under para19 graph (1), the Secretary may withhold up to 20 

20 percent of the funds attributable to the State 

21 for projects funded under this title and chapter 

22 53 of title 49. 

23 ‘‘(B) RESTORATION OF WITHHELD

24 FUNDS.—Any funds withheld under subpara25 graph (A) shall be restored to the State on the 


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1 date of certification of the statewide transpor2 tation planning process by the Secretary. 

3 ‘‘(4) PUBLIC INVOLVEMENT.—In making a de4 termination regarding certification under this sub5 section, the Secretary shall provide for public in6 volvement appropriate to the State under review. 

7 ‘‘(i) PERFORMANCE-BASED PLANNING PROCESSES

8 EVALUATION.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall estab10 lish criteria to evaluate the effectiveness of the per11 formance-based planning processes of States, taking 

12 into consideration the following: 

13 ‘‘(A) The extent to which the State has 

14 achieved, or is currently making substantial 

15 progress toward achieving, the targets described 

16 in subsection (d)(2), taking into account wheth17 er the State developed meaningful performance 

18 targets. 

19 ‘‘(B) The extent to which the State has 

20 used proven best practices that help ensure 

21 transportation investment that is efficient and 

22 cost-effective. 

23 ‘‘(C) The extent to which the State— 

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1 ness to ensure that investments are trans2 parent and accountable; and 

3 ‘‘(ii) provides regular reports allowing 

4 the public to access the information being 

5 collected in a format that allows the public 

6 to meaningfully assess the performance of 

7 the State. 

8 ‘‘(2) REPORT.— 

9 ‘‘(A) IN GENERAL.—Not later than 5 years 

10 after the date of enactment of the MAP–21, the 

11 Secretary shall submit to Congress a report 

12 evaluating— 

13 ‘‘(i) the overall effectiveness of per14 formance-based planning as a tool for 

15 guiding transportation investments; and 

16 ‘‘(ii) the effectiveness of the perform17 ance-based planning process of each State. 

18 ‘‘(B) PUBLICATION.—The report under 

19 subparagraph (A) shall be published or other20 wise made available in electronically accessible 

21 formats and means, including on the Internet. 

22 ‘‘(j) FUNDING.—Funds apportioned under section 

23 104(b)(6) of this title and set aside under section 5305(g) 

24 of title 49 shall be available to carry out this section. 


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1 ‘‘(k) CONTINUATION OF CURRENT REVIEW PRAC2 TICE.— 

3 ‘‘(1) IN GENERAL.—In consideration of the fac4 tors described in paragraph (2), any decision by the 

5 Secretary concerning a statewide transportation plan 

6 or statewide transportation improvement program 

7 shall not be considered to be a Federal action sub8 ject to review under the National Environmental 

9 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

10 ‘‘(2) DESCRIPTION OF FACTORS.—The factors 

11 referred to in paragraph (1) are that— 

12 ‘‘(A) statewide transportation plans and 

13 statewide transportation improvement programs 

14 are subject to a reasonable opportunity for pub15 lic comment; 

16 ‘‘(B) the projects included in statewide 

17 transportation plans and statewide transpor18 tation improvement programs are subject to re19 view under the National Environmental Policy 

20 Act of 1969 (42 U.S.C. 4321 et seq.); and 

21 ‘‘(C) decisions by the Secretary concerning 

22 statewide transportation plans and statewide 

23 transportation improvement programs have not 

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1 mental Policy Act of 1969 (42 U.S.C. 4321 et 

2 seq.) as of January 1, 1997.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis for 

4 chapter 1 of title 23, United States Code, is amended by 

5 striking the item relating to section 135 and inserting the 

6 following: 

‘‘135. Statewide and nonmetropolitan transportation planning.’’. 

7 SEC. 1203. NATIONAL GOALS. 

8 (a) IN GENERAL.—Section 150 of title 23, United 

9 States Code, is amended to read as follows: 

10 ‘‘§ 150. National goals 

11 ‘‘(a) DECLARATION OF POLICY.—Performance man12 agement will transform the Federal-aid highway program 

13 and provide a means to the most efficient investment of 

14 Federal transportation funds by refocusing on national 

15 transportation goals, increasing the accountability and 

16 transparency of the Federal-aid highway program, and im17 proving project decisionmaking through performance18 based planning and programming. 

19 ‘‘(b) NATIONAL GOALS.—It is in the interest of the 

20 United States to focus the Federal-aid highway program 

21 on the following national goals: 

22 ‘‘(1) SAFETY.—To achieve a significant reduc23 tion in traffic fatalities and serious injuries on all 

24 public roads. 


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1 ‘‘(2) INFRASTRUCTURE CONDITION.—To main2 tain the highway infrastructure asset system in a 

3 state of good repair. 

4 ‘‘(3) SYSTEM RELIABILITY.—To improve the ef5 ficiency of the surface transportation system. 

6 ‘‘(4) FREIGHT MOVEMENT AND ECONOMIC VI7 TALITY.—To improve the national freight network, 

8 strengthen the ability of rural communities to access 

9 national and international trade markets, and sup10 port regional economic development. 

11 ‘‘(5) ENVIRONMENTAL SUSTAINABILITY.—To 

12 enhance the performance of the transportation sys13 tem while protecting and enhancing the natural envi14 ronment.’’. 

15 (b) CONFORMING AMENDMENT.—The analysis for 

16 chapter 1 of title 23, United States Code, is amended by 

17 striking the item relating to section 150 and inserting the 

18 following: 

‘‘150. National goals.’’. 

19 Subtitle C—Acceleration of Project 

20 Delivery 

21 SEC. 1301. PROJECT DELIVERY INITIATIVE. 

22 (a) DECLARATION OF POLICY.—It is the policy of the 

23 United States that— 

24 (1) it is in the national interest for the Depart25 ment, State departments of transportation, transit 


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1 agencies, and all other recipients of Federal trans2 portation funds— 

3 (A) to accelerate project delivery and re4 duce costs; and 

5 (B) to ensure that the planning, design, 

6 engineering, construction, and financing of 

7 transportation projects is done in an efficient 

8 and effective manner, promoting accountability 

9 for public investments and encouraging greater 

10 private sector involvement in project financing 

11 and delivery while enhancing safety and pro12 tecting the environment; 

13 (2) delay in the delivery of transportation 

14 projects increases project costs, harms the economy 

15 of the United States, and impedes the travel of the 

16 people of the United States and the shipment of 

17 goods for the conduct of commerce; and 

18 (3) the Secretary shall identify and promote the 

19 deployment of innovation aimed at reducing the time 

20 and money required to deliver transportation 

21 projects while enhancing safety and protecting the 

22 environment. 

23 (b) ESTABLISHMENT OF INITIATIVE.— 


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1 (1) IN GENERAL.—To advance the policy de2 scribed in subsection (a), the Secretary shall carry 

3 out a project delivery initiative under this section. 

4 (2) PURPOSES.—The purposes of the project 

5 delivery initiative shall be— 

6 (A) to develop and advance the use of best 

7 practices to accelerate project delivery and re8 duce costs across all modes of transportation 

9 and expedite the deployment of technology and 

10 innovation; 

11 (B) to implement provisions of law de12 signed to accelerate project delivery; and 

13 (C) to select eligible projects for applying 

14 experimental features to test innovative project 

15 delivery techniques. 

16 (3) ADVANCING THE USE OF BEST PRAC17 TICES.— 

18 (A) IN GENERAL.—In carrying out the ini19 tiative under this section, the Secretary shall 

20 identify and advance best practices to reduce 

21 delivery time and project costs, from planning 

22 through construction, for transportation 

23 projects and programs of projects regardless of 

24 mode and project size. 


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1 (B) ADMINISTRATION.—To advance the 

2 use of best practices, the Secretary shall— 

3 (i) engage interested parties, affected 

4 communities, resource agencies, and other 

5 stakeholders to gather information regard6 ing opportunities for accelerating project 

7 delivery and reducing costs; 

8 (ii) establish a clearinghouse for the 

9 collection, documentation, and advance10 ment of existing and new innovative ap11 proaches and best practices; 

12 (iii) disseminate information through 

13 a variety of means to transportation stake14 holders on new innovative approaches and 

15 best practices; and 

16 (iv) provide technical assistance to as17 sist transportation stakeholders in the use 

18 of flexibility authority to resolve project 

19 delays and accelerate project delivery if 

20 feasible. 

21 (4) IMPLEMENTATION OF ACCELERATED

22 PROJECT DELIVERY.—The Secretary shall ensure 

23 that the provisions of this subtitle designed to accel24 erate project delivery are fully implemented, includ25 ing— 


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1 (A) expanding eligibility of early acquisi2 tion of property prior to completion of environ3 mental review under the National Environ4 mental Policy Act of 1969 (42 U.S.C. 4321 et 

5 seq.); 

6 (B) allowing the use of the construction 

7 manager or general contractor method of con8 tracting in the Federal-aid highway system; and 

9 (C) establishing a demonstration program 

10 to streamline the relocation process by permit11 ting a lump-sum payment for acquisition and 

12 relocation if elected by the displaced occupant. 

13 SEC. 1302. CLARIFIED ELIGIBILITY FOR EARLY ACQUISI14 TION ACTIVITIES PRIOR TO COMPLETION OF 

15 NEPA REVIEW. 

16 (a) IN GENERAL.—The acquisition of real property 

17 in anticipation of a federally assisted or approved surface 

18 transportation project that may use the property shall not 

19 be prohibited prior to the completion of reviews of the sur20 face transportation project under the National Environ21 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the 

22 acquisition does not— 

23 (1) have an adverse environmental effect; or 

24 (2)(A) limit the choice of reasonable alter25 natives for the proposed project; or 


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1 (B) prevent the lead agency from making an 

2 impartial decision as to whether to select an alter3 native that is being considered during the environ4 mental review process. 

5 (b) EARLY ACQUISITION OF REAL PROPERTY INTER6 ESTS FOR HIGHWAYS.—Section 108 of title 23, United 

7 States Code, is amended— 

8 (1) in the section heading by inserting ‘‘inter9 ests’’ after ‘‘real property’’; 

10 (2) in subsection (a) by inserting ‘‘interests’’ 

11 after ‘‘real property’’ each place it appears; and 

12 (3) in subsection (c)— 

13 (A) in the subsection heading by striking 

14 ‘‘RIGHTS-OF-WAY’’ and inserting ‘‘REAL PROP15 ERTY INTERESTS’’; 

16 (B) in paragraph (1)— 

17 (i) in the matter preceding subpara18 graph (A) by inserting ‘‘at any time’’ after 

19 ‘‘may be used’’; and 

20 (ii) in subparagraph (A)— 

21 (I) by striking ‘‘rights-of-way’’ 

22 the first place it appears and inserting 

23 ‘‘real property interests’’; and 

24 (II) by striking ‘‘, if the rights25 of-way are subsequently incorporated 


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1 into a project eligible for surface 

2 transportation program funds’’; and 

3 (C) by striking paragraph (2) and insert4 ing the following: 

5 ‘‘(2) TERMS AND CONDITIONS.— 

6 ‘‘(A) ACQUISITION OF REAL PROPERTY IN7 TERESTS.— 

8 ‘‘(i) IN GENERAL.—Subject to the 

9 other provisions of this section, prior to 

10 completion of the review process for the 

11 project required by the National Environ12 mental Policy Act of 1969 (42 U.S.C. 

13 4321 et seq.), a public authority may carry 

14 out acquisition of real property interests 

15 that may be used for a project. 

16 ‘‘(ii) REQUIREMENTS.—An acquisition 

17 under clause (i) may be authorized by 

18 project agreement and is eligible for Fed19 eral-aid reimbursement as a project ex20 pense if the Secretary finds that the acqui21 sition— 

22 ‘‘(I) will not cause any significant 

23 adverse environmental impact; 

24 ‘‘(II) will not limit the choice of 

25 reasonable alternatives for the project 


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1 or otherwise influence the decision of 

2 the Secretary on any approval re3 quired for the project; 

4 ‘‘(III) does not prevent the lead 

5 agency from making an impartial de6 cision as to whether to accept an al7 ternative that is being considered in 

8 the environmental review process; 

9 ‘‘(IV) is consistent with the State 

10 transportation planning process under 

11 section 135; 

12 ‘‘(V) complies with other applica13 ble Federal laws (including regula14 tions); 

15 ‘‘(VI) will be acquired through 

16 negotiation, without the threat of con17 demnation; and 

18 ‘‘(VII) will not result in a reduc19 tion or elimination of benefits or as20 sistance to a displaced person re21 quired by the Uniform Relocation As22 sistance and Real Property Acquisi23 tion Policies Act of 1970 (42 U.S.C. 

24 4601 et seq.) and title VI of the Civil 


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1 Rights Act of 1964 (42 U.S.C. 2000d 

2 et seq.). 

3 ‘‘(B) DEVELOPMENT.—Real property in4 terests acquired under this subsection may not 

5 be developed in anticipation of a project until 

6 all required environmental reviews for the 

7 project have been completed. 

8 ‘‘(C) REIMBURSEMENT.—If Federal-aid re9 imbursement is made for real property interests 

10 acquired early under this section and the real 

11 property interests are not subsequently incor12 porated into a project eligible for surface trans13 portation funds within the time allowed by sub14 section (a)(2), the Secretary shall offset the 

15 amount reimbursed against funds apportioned 

16 to the State. 

17 ‘‘(D) OTHER CONDITIONS.—The Secretary 

18 may establish such other conditions or restric19 tions on acquisitions as the Secretary deter20 mines to be appropriate.’’. 

21 SEC. 1303. EFFICIENCIES IN CONTRACTING. 

22 (a) AUTHORITY.—Section 112(b) of title 23, United 

23 States Code, is amended by adding at the end the fol24 lowing: 


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1 ‘‘(4) CONSTRUCTION MANAGER; GENERAL CON2 TRACTOR.— 

3 ‘‘(A) PROCEDURE.— 

4 ‘‘(i) IN GENERAL.—A contracting 

5 agency may award a 2-phase contract to a 

6 construction manager or general contractor 

7 for preconstruction and construction serv8 ices. 

9 ‘‘(ii) PRECONSTRUCTION PHASE.—In 

10 the preconstruction phase of a contract 

11 under this subparagraph, the construction 

12 manager shall provide the contracting 

13 agency with advice relating to scheduling, 

14 work sequencing, cost engineering, 

15 constructability, cost estimating, and risk 

16 identification. 

17 ‘‘(iii) AGREEMENT TO PRICE.— 

18 ‘‘(I) IN GENERAL.—Prior to the 

19 start of the second phase of a contract 

20 under this subparagraph, the owner 

21 and the construction manager may 

22 agree to a price for the construction 

23 of the project or a portion of the 

24 project. 


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1 ‘‘(II) RESULT.—If an agreement 

2 is reached, the construction manager 

3 shall become the general contractor 

4 for the construction of the project at 

5 the negotiated schedule and price. 

6 ‘‘(B) SELECTION.—A contract shall be 

7 awarded to a construction manager or general 

8 contractor under this paragraph using a com9 petitive selection process under which the con10 tract is awarded on the basis of— 

11 ‘‘(i) qualifications; 

12 ‘‘(ii) experience; 

13 ‘‘(iii) best value; or 

14 ‘‘(iv) any other combination of factors 

15 considered appropriate by the contracting 

16 agency. 

17 ‘‘(C) TIMING.— 

18 ‘‘(i) IN GENERAL.—Prior to the com19 pletion of the environmental review process 

20 required under section 102 of the National 

21 Environmental Policy Act of 1969 (42 

22 U.S.C. 4332), a contracting agency may 

23 issue requests for proposals, proceed with 

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1 tract, and issue notices to proceed with 

2 preliminary design, to the extent that those 

3 actions do not limit any reasonable range 

4 of alternatives. 

5 ‘‘(ii) NEPA PROCESS.— 

6 ‘‘(I) IN GENERAL.—A con7 tracting agency shall not proceed with 

8 the award of the second phase, and 

9 shall not proceed, or permit any con10 sultant or contractor to proceed, with 

11 final design or construction until com12 pletion of the environmental review 

13 process required under section 102 of 

14 the National Environmental Policy 

15 Act of 1969 (42 U.S.C. 4332). 

16 ‘‘(II) REQUIREMENT.—The Sec17 retary shall require that a contract in18 clude appropriate provisions to ensure 

19 achievement of the objectives of sec20 tion 102 of the National Environ21 mental Policy Act of 1969 (42 U.S.C. 

22 4332) and compliance with other ap23 plicable Federal laws and regulations 

24 occurs. 


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1 ‘‘(iii) SECRETARIAL APPROVAL.— 

2 Prior to authorizing construction activities, 

3 the Secretary shall approve— 

4 ‘‘(I) the estimate of the con5 tracting agency for the entire project; 

6 and 

7 ‘‘(II) any price agreement with 

8 the general contractor for the project 

9 or a portion of the project. 

10 ‘‘(iv) TERMINATION PROVISION.—The 

11 Secretary shall require a contract to in12 clude an appropriate termination provision 

13 in the event that a no-build alternative is 

14 selected.’’. 

15 (b) REGULATIONS.—The Secretary shall promulgate 

16 such regulations as are necessary to carry out the amend17 ment made by subsection (a). 

18 (c) EFFECT ON EXPERIMENTAL PROGRAM.—Nothing 

19 in this section or the amendment made by this section af20 fects the authority to carry out, or any project carried out 

21 under, any experimental program concerning construction 

22 manager risk that is being carried out by the Secretary 

23 as of the date of enactment of this Act. 

24 SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS. 

25 (a) DECLARATION OF POLICY.— 


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1 (1) IN GENERAL.—Congress declares that it is 

2 in the national interest to promote the use of inno3 vative technologies and practices that increase the 

4 efficiency of construction of, improve the safety of, 

5 and extend the service life of highways and bridges. 

6 (2) INCLUSIONS.—The innovative technologies 

7 and practices described in paragraph (1) include 

8 state-of-the-art intelligent transportation system 

9 technologies, elevated performance standards, and 

10 new highway construction business practices that 

11 improve highway safety and quality, accelerate 

12 project delivery, and reduce congestion related to 

13 highway construction. 

14 (b) FEDERAL SHARE.—Section 120(c) of title 23, 

15 United States Code, is amended by adding at the end the 

16 following: 

17 ‘‘(3) INNOVATIVE PROJECT DELIVERY.— 

18 ‘‘(A) IN GENERAL.—Except as provided in 

19 subparagraph (C), the Federal share payable on 

20 account of a project or activity carried out with 

21 funds apportioned under paragraph (1), (2), or 

22 (5) of section 104(b) may, at the discretion of 

23 the State, be up to 100 percent for any such 

24 project, program, or activity that the Secretary 

25 determines— 


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1 ‘‘(i) contains innovative project deliv2 ery methods that improve work zone safety 

3 for motorists or workers and the quality of 

4 the facility; 

5 ‘‘(ii) contains innovative technologies, 

6 manufacturing processes, financing, or 

7 contracting methods that improve the qual8 ity, extend the service life, or decrease the 

9 long-term costs of maintaining highways 

10 and bridges; 

11 ‘‘(iii) accelerates project delivery while 

12 complying with other applicable Federal 

13 laws (including regulations) and not caus14 ing any significant adverse environmental 

15 impact; or 

16 ‘‘(iv) reduces congestion related to 

17 highway construction. 

18 ‘‘(B) EXAMPLES.—Projects, programs, and 

19 activities described in subparagraph (A) may 

20 include the use of— 

21 ‘‘(i) prefabricated bridge elements and 

22 systems and other technologies to reduce 

23 bridge construction time; 

24 ‘‘(ii) innovative construction equip25 ment, materials, or techniques, including 


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1 the use of in-place recycling technology 

2 and digital 3-dimensional modeling tech3 nologies; 

4 ‘‘(iii) innovative contracting methods, 

5 including the design-build and the con6 struction manager-general contractor con7 tracting methods; 

8 ‘‘(iv) intelligent compaction equip9 ment; or 

10 ‘‘(v) contractual provisions that offer 

11 a contractor an incentive payment for early 

12 completion of the project, program, or ac13 tivity, subject to the condition that the in14 centives are accounted for in the financial 

15 plan of the project, when applicable. 

16 ‘‘(C) LIMITATIONS.— 

17 ‘‘(i) IN GENERAL.—In each fiscal 

18 year, a State may use the authority under 

19 subparagraph (A) for up to 10 percent of 

20 the combined apportionments of the State 

21 under paragraphs (1), (2), and (5) of sec22 tion 104(b). 

23 ‘‘(ii) FEDERAL SHARE INCREASE.— 

24 The Federal share payable on account of a 

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1 graph (A) may be increased by up to 5 

2 percent of the total project cost.’’. 

3 SEC. 1305. ASSISTANCE TO AFFECTED STATE AND FEDERAL 

4 AGENCIES. 

5 Section 139(j) of title 23, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(6) MEMORANDUM OF UNDERSTANDING.— 

8 Prior to providing funds approved by the Secretary 

9 for dedicated staffing at an affected Federal agency 

10 under paragraphs (1) and (2), the affected Federal 

11 agency and the State agency shall enter into a 

12 memorandum of understanding that establishes the 

13 projects and priorities to be addressed by the use of 

14 the funds.’’. 

15 SEC. 1306. APPLICATION OF CATEGORICAL EXCLUSIONS 

16 FOR MULTIMODAL PROJECTS. 

17 (a) IN GENERAL.—Section 304 of title 49, United 

18 States Code, is amended to read as follows: 

19 ‘‘§ 304. Application of categorical exclusions for 

20 multimodal projects 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) COOPERATING AUTHORITY.—The term ‘co23 operating authority’ means a Department of Trans24 portation operating authority that is not the lead au25 thority. 


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1 ‘‘(2) LEAD AUTHORITY.—The term ‘lead au2 thority’ means a Department of Transportation op3 erating administration or secretarial office that— 

4 ‘‘(A) is the lead authority over a proposed 

5 multimodal project; and 

6 ‘‘(B) has determined that the components 

7 of the project that fall under the modal exper8 tise of the lead authority— 

9 ‘‘(i) satisfy the conditions for a cat10 egorical exclusion under the National Envi11 ronmental Policy Act of 1969 (42 U.S.C. 

12 4321 et seq.) implementing regulations or 

13 procedures of the lead authority; and 

14 ‘‘(ii) do not require the preparation of 

15 an environmental assessment or an envi16 ronmental impact statement under that 

17 Act. 

18 ‘‘(3) MULTIMODAL PROJECT.—The term 

19 ‘multimodal project’ has the meaning given the term 

20 in section 139(a) of title 23. 

21 ‘‘(b) EXERCISE OF AUTHORITIES.—The authorities 

22 granted in this section may be exercised for a multimodal 

23 project, class of projects, or program of projects that are 

24 carried out under this title. 


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1 ‘‘(c) APPLICATION OF CATEGORICAL EXCLUSIONS

2 FOR MULTIMODAL PROJECTS.—When considering the en3 vironmental impacts of a proposed multimodal project, a 

4 lead authority may apply a categorical exclusion des5 ignated under the implementing regulations or procedures 

6 of a cooperating authority for other components of the 

7 project, on the conditions that— 

8 ‘‘(1) the multimodal project is funded under 1 

9 grant agreement administered by the lead authority; 

10 ‘‘(2) the multimodal project has components 

11 that require the expertise of a cooperating authority 

12 to assess the environmental impacts of the compo13 nents; 

14 ‘‘(3) the component of the project to be covered 

15 by the categorical exclusion of the cooperating au16 thority has independent utility; 

17 ‘‘(4) the cooperating authority, in consultation 

18 with the lead authority, follows National Environ19 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

20 implementing regulations or procedures and deter21 mines that a categorical exclusion under that Act 

22 applies to the components; and 

23 ‘‘(5) the lead authority has determined that— 

24 ‘‘(A) the project, using the categorical ex25 clusions of the lead and cooperating authorities, 


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1 does not individually or cumulatively have a sig2 nificant impact on the environment; and 

3 ‘‘(B) extraordinary circumstances do not 

4 exist that merit further analysis and docu5 mentation in an environmental impact state6 ment or environmental assessment required 

7 under the National Environmental Policy Act of 

8 1969 (42 U.S.C. 4321 et seq.). 

9 ‘‘(d) MODAL COOPERATION.— 

10 ‘‘(1) IN GENERAL.—A cooperating authority 

11 shall provide modal expertise to a lead authority 

12 with administrative authority over a multimodal 

13 project on such aspects of the project in which the 

14 cooperating authority has expertise. 

15 ‘‘(2) USE OF CATEGORICAL EXCLUSION.—In a 

16 case described in paragraph (1), the 1 or more cat17 egorical exclusions of a cooperating authority may be 

18 applied by the lead authority once the cooperating 

19 authority reviews the project on behalf of the lead 

20 authority and determines the project satisfies the 

21 conditions for a categorical exclusion under the Na22 tional Environmental Policy Act of 1969 (42 U.S.C. 

23 4321 et seq.) implementing regulations or proce24 dures of the cooperating authority and this sec25 tion.’’. 


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1 (b) CONFORMING AMENDMENT.—The item relating 

2 to section 304 in the analysis for title 49, United States 

3 Code, is amended to read as follows: 

‘‘304. Application of categorical exclusions for multimodal projects.’’. 

4 SEC. 1307. STATE ASSUMPTION OF RESPONSIBILITIES FOR 

5 CATEGORICAL EXCLUSIONS. 

6 Section 326 of title 23, United States Code, is 

7 amended— 

8 (1) in subsection (c) by striking paragraph (3) 

9 and inserting the following: 

10 ‘‘(3) SOVEREIGN IMMUNITY.—By executing an 

11 agreement with the Secretary and assuming the re12 sponsibilities of the Secretary under this section, the 

13 State waives the sovereign immunity of the State 

14 under the 11th Amendment of the Constitution from 

15 suit in Federal court and expressly consents to ac16 cept the jurisdiction of the Federal courts with re17 spect to any action relating to the compliance, dis18 charge, and enforcement of any responsibility of the 

19 Secretary that the State assumes.’’; 

20 (2) by striking subsection (d) and inserting the 

21 following: 

22 ‘‘(d) TERMINATION.— 

23 ‘‘(1) TERMINATION BY THE SECRETARY.—The 

24 Secretary may terminate any assumption of respon25 sibility under a memorandum of understanding on a 


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1 determination that the State is not adequately car2 rying out the responsibilities assigned to the State. 

3 ‘‘(2) TERMINATION BY THE STATE.—The State 

4 may terminate the participation of the State in the 

5 program at any time by providing to the Secretary 

6 a notice by not later than the date that is 90 days 

7 before the date of termination, and subject to such 

8 terms and conditions as the Secretary may pro9 vide.’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(f) LEGAL FEES.—A State assuming the respon12 sibilities of the Secretary under this section for a specific 

13 project may use funds apportioned to the State under sec14 tion 104(b)(2) for attorneys fees directly attributable to 

15 eligible activities associated with the project.’’. 

16 SEC. 1308. SURFACE TRANSPORTATION PROJECT DELIV17 ERY PROGRAM. 

18 (a) IN GENERAL.—Section 327 of title 23, United 

19 States Code, is amended— 

20 (1) in the section heading by striking ‘‘PILOT’’; 

21 (2) in subsection (a)— 

22 (A) in paragraph (1) by striking ‘‘pilot’’; 

23 and 

24 (B) in paragraph (2)— 


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1 (i) in subparagraph (B) by striking 

2 clause (ii) and inserting the following: 

3 ‘‘(ii) the Secretary may not assign— 

4 ‘‘(I) any responsibility imposed 

5 on the Secretary by section 134 or 

6 135; or 

7 ‘‘(II) responsibility for any con8 formity determination required under 

9 section 176 of the Clean Air Act (42 

10 U.S.C. 7506).’’; and 

11 (ii) by adding at the end the fol12 lowing: 

13 ‘‘(F) SOVEREIGN IMMUNITY.—By exe14 cuting an agreement with the Secretary and as15 suming the responsibilities of the Secretary 

16 under this section, the State waives the sov17 ereign immunity of the State under the 11th 

18 Amendment of the Constitution from suit in 

19 Federal court and expressly consents to accept 

20 the jurisdiction of the Federal courts with re21 spect to any action relating to the compliance, 

22 discharge, and enforcement of any responsibility 

23 of the Secretary that the State assumes. 

24 ‘‘(G) LEGAL FEES.—A State assuming the 

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1 tion for a specific project may use funds appor2 tioned to the State under section 104(b)(2) for 

3 attorneys fees directly attributable to eligible 

4 activities associated with the project.’’; 

5 (3) in subsection (b)— 

6 (A) by striking paragraph (1); 

7 (B) by redesignating paragraphs (2) 

8 through (5) as paragraphs (1) through (4), re9 spectively; and 

10 (C) in subparagraph (A) of paragraph (3) 

11 (as so redesignated) by striking ‘‘(2)’’ and in12 serting ‘‘(1)’’; 

13 (4) in subsection (c)— 

14 (A) in paragraph (3)(D) by striking the 

15 period at the end and inserting a semicolon; 

16 and 

17 (B) by adding at the end the following: 

18 ‘‘(4) require the State to provide to the Sec19 retary any information the Secretary considers nec20 essary to ensure that the State is adequately car21 rying out the responsibilities assigned to the State; 

22 ‘‘(5) require the Secretary— 

23 ‘‘(A) after a period of 5 years, to evaluate 

24 the ability of the State to carry out the respon25 sibility assumed under this section; 


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1 ‘‘(B) if the Secretary determines that the 

2 State is not ready to effectively carry out the 

3 responsibilities the State has assumed, to re4 evaluate the readiness of the State every 3 

5 years, or at such other frequency as the Sec6 retary considers appropriate, after the initial 5- 

7 year evaluation, until the State is ready to as8 sume the responsibilities on a permanent basis; 

9 and 

10 ‘‘(C) once the Secretary determines that 

11 the State is ready to permanently assume the 

12 responsibilities of the Secretary, not to require 

13 any further evaluations; and 

14 ‘‘(6) require the State to provide the Secretary 

15 with any information, including regular written re16 ports, as the Secretary may require in conducting 

17 evaluations under paragraph (5).’’; 

18 (5) by striking subsection (g); 

19 (6) by redesignating subsections (h) and (i) as 

20 subsections (g) and (h), respectively; and 

21 (7) in subsection (h) (as so redesignated)— 

22 (A) by striking paragraph (1); 

23 (B) by redesignating paragraph (2) as 

24 paragraph (1); and 


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1 (C) by inserting after paragraph (1) (as so 

2 redesignated) the following: 

3 ‘‘(2) TERMINATION BY THE STATE.—The State 

4 may terminate the participation of the State in the 

5 program at any time by providing to the Secretary 

6 a notice by not later than the date that is 90 days 

7 before the date of termination, and subject to such 

8 terms and conditions as the Secretary may pro9 vide.’’. 

10 (b) CONFORMING AMENDMENT.—The item relating 

11 to section 327 in the analysis of title 23, United States 

12 Code, is amended to read as follows: 

‘‘327. Surface transportation project delivery program.’’. 

13 SEC. 1309. CATEGORICAL EXCLUSION FOR PROJECTS WITH14 IN THE RIGHT-OF-WAY. 

15 (a) IN GENERAL.—Not later than 30 days after the 

16 date of enactment of this Act, the Secretary shall publish 

17 a notice of proposed rulemaking for a categorical exclusion 

18 that meets the definitions (as in effect on that date) of 

19 section 1508.4 of title 40, Code of Federal Regulations, 

20 and section 771.117 of title 23, Code of Federal Regula21 tions, for a project (as defined in section 101(a) of title 

22 23, United States Code)— 

23 (1) that is located solely within the right-of-way 

24 of an existing highway, such as new turn lanes and 

25 bus pull-offs; 


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1 (2) that does not include the addition of a 

2 through lane or new interchange; and 

3 (3) for which the project sponsor demonstrates 

4 that the project— 

5 (A) is intended to improve safety, alleviate 

6 congestion, or improve air quality; or 

7 (B) would improve or maintain pavement 

8 or structural conditions or achieve a state of 

9 good repair. 

10 (b) NOTICE.—Not later than 60 days after the date 

11 of enactment of this Act, the Secretary shall publish a no12 tice of proposed rulemaking to further define and imple13 ment subsection (a) within subsection (c) or (d) of section 

14 771.117 of title 23, Code of Federal Regulations (as in 

15 effect on the date of enactment of the MAP–21). 

16 SEC. 1310. PROGRAMMATIC AGREEMENTS AND ADDI17 TIONAL CATEGORICAL EXCLUSIONS. 

18 (a) IN GENERAL.—Not later than 60 days after the 

19 date of enactment of this Act, the Secretary shall— 

20 (1) survey the use by the Department of Trans21 portation of categorical exclusions in transportation 

22 projects since 2005; 

23 (2) publish a review of the survey that includes 

24 a description of— 


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1 (A) the types of actions categorically ex2 cluded; and 

3 (B) any requests previously received by the 

4 Secretary for new categorical exclusions; and 

5 (3) solicit requests from State departments of 

6 transportation, transit authorities, metropolitan 

7 planning organizations, or other government agen8 cies for new categorical exclusions. 

9 (b) NEW CATEGORICAL EXCLUSIONS.—Not later 

10 than 120 days after the date of enactment of this Act, 

11 the Secretary shall publish a notice of proposed rule12 making to propose new categorical exclusions received by 

13 the Secretary under subsection (a), to the extent that the 

14 categorical exclusions meet the criteria for a categorical 

15 exclusion under section 1508.4 of title 40, Code of Federal 

16 Regulations and section 771.117(a) of title 23, Code of 

17 Federal Regulations (as those regulations are in effect on 

18 the date of the notice). 

19 (c) ADDITIONAL ACTIONS.—The Secretary shall issue 

20 a proposed rulemaking to move the following types of ac21 tions from subsection (d) of section 771.117 of title 23, 

22 Code of Federal Regulations (as in effect on the date of 

23 enactment of this Act), to subsection (c) of that section, 

24 to the extent that such movement complies with the cri25 teria for a categorical exclusion under section 1508.4 of 


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1 title 40, Code of Federal Regulations (as in effect on the 

2 date of enactment of this Act): 

3 (1) Modernization of a highway by resurfacing, 

4 restoration, rehabilitation, reconstruction, adding 

5 shoulders, or adding auxiliary lanes (including park6 ing, weaving, turning, and climbing). 

7 (2) Highway safety or traffic operations im8 provement projects, including the installation of 

9 ramp metering control devices and lighting. 

10 (3) Bridge rehabilitation, reconstruction, or re11 placement or the construction of grade separation to 

12 replace existing at-grade railroad crossings. 

13 (d) PROGRAMMATIC AGREEMENTS.— 

14 (1) IN GENERAL.—The Secretary shall seek op15 portunities to enter into programmatic agreements 

16 with the States that establish efficient administra17 tive procedures for carrying out environmental and 

18 other required project reviews. 

19 (2) INCLUSIONS.—Programmatic agreements 

20 authorized under paragraph (1) may include agree21 ments that allow a State to determine on behalf of 

22 the Federal Highway Administration whether a 

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1 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

2 seq.). 

3 (3) DETERMINATIONS.—An agreement de4 scribed in paragraph (2) may include determinations 

5 by the Secretary of the types of projects categori6 cally excluded (consistent with section 1508.4 of title 

7 40, Code of Federal Regulations) in the State in ad8 dition to the types listed in subsections (c) and (d) 

9 of section 771.117 of title 23, Code of Federal Reg10 ulations (as in effect on the date of enactment of 

11 this Act). 

12 SEC. 1311. ACCELERATED DECISIONMAKING IN ENVIRON13 MENTAL REVIEWS. 

14 (a) IN GENERAL.—When preparing a final environ15 mental impact statement under the National Environ16 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if 

17 the lead agency makes changes in response to comments 

18 that are minor and are confined to factual corrections or 

19 explanations of why the comments do not warrant further 

20 agency response, the lead agency may write on errata 

21 sheets attached to the statement instead of rewriting the 

22 draft statement, on the condition that the errata sheets— 

23 (1) cite the sources, authorities, or reasons that 

24 support the position of the agency; and 


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1 (2) if appropriate, indicate the circumstances 

2 that would trigger agency reappraisal or further re3 sponse. 

4 (b) INCORPORATION.—To the maximum extent prac5 ticable, the lead agency shall expeditiously develop a single 

6 document that consists of a final environmental impact 

7 statement and a record of decision unless— 

8 (1) the final environmental impact statement 

9 makes substantial changes to the proposed action 

10 that are relevant to environmental or safety con11 cerns; or 

12 (2) there are significant new circumstances or 

13 information relevant to environmental concerns and 

14 that bear on the proposed action or the impacts of 

15 the proposed action. 

16 SEC. 1312. MEMORANDA OF AGENCY AGREEMENTS FOR 

17 EARLY COORDINATION. 

18 (a) IN GENERAL.—It is the sense of Congress that— 

19 (1) the Secretary and other Federal agencies 

20 with relevant jurisdiction in the environmental re21 view process should cooperate with each other and 

22 other agencies on environmental review and project 

23 delivery activities at the earliest practicable time to 

24 avoid delays and duplication of effort later in the 

25 process, head off potential conflicts, and ensure that 


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1 planning and project development decisions reflect 

2 environmental values; and 

3 (2) such cooperation should include the develop4 ment of policies and the designation of staff that ad5 vise planning agencies or project sponsors of studies 

6 or other information foreseeably required for later 

7 Federal action and early consultation with appro8 priate State and local agencies and Indian tribes. 

9 (b) TECHNICAL ASSISTANCE.—If requested at any 

10 time by a State or local planning agency, the Secretary 

11 and other Federal agencies with relevant jurisdiction in 

12 the environmental review process, shall, to the extent prac13 ticable and appropriate, as determined by the agencies, 

14 provide technical assistance to the State or local planning 

15 agency on accomplishing the early coordination activities 

16 described in subsection (d). 

17 (c) MEMORANDUM OF AGENCY AGREEMENT.—If re18 quested at any time by a State or local planning agency, 

19 the lead agency, in consultation with other Federal agen20 cies with relevant jurisdiction in the environmental review 

21 process, may establish memoranda of agreement with the 

22 project sponsor, State, and local governments and other 

23 appropriate entities to accomplish the early coordination 

24 activities described in subsection (d). 


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1 (d) EARLY COORDINATION ACTIVITIES.—Early co2 ordination activities shall include, to the maximum extent 

3 practicable, the following: 

4 (1) Technical assistance on identifying potential 

5 impacts and mitigation issues in an integrated fash6 ion. 

7 (2) The potential appropriateness of using plan8 ning products and decisions in later environmental 

9 reviews. 

10 (3) The identification and elimination from de11 tailed study in the environmental review process of 

12 the issues that are not significant or that have been 

13 covered by prior environmental reviews. 

14 (4) The identification of other environmental 

15 review and consultation requirements so that the 

16 lead and cooperating agencies may prepare, as ap17 propriate, other required analyses and studies con18 currently with planning activities. 

19 (5) The identification by agencies with jurisdic20 tion over any permits related to the project of any 

21 and all relevant information that will reasonably be 

22 required for the project. 

23 (6) The reduction of duplication between re24 quirements under the National Environmental Policy 

25 Act of 1969 (42 U.S.C. 4321 et seq.) and State and 


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1 local planning and environmental review require2 ments, unless the agencies are specifically barred 

3 from doing so by applicable law. 

4 (7) Timelines for the completion of agency ac5 tions during the planning and environmental review 

6 processes. 

7 (8) Other appropriate factors. 

8 SEC. 1313. ACCELERATED DECISIONMAKING. 

9 Section 139(h) of title 23, United States Code, is 

10 amended by striking paragraph (4) and inserting the fol11 lowing: 

12 ‘‘(4) INTERIM DECISION ON ACHIEVING ACCEL13 ERATED DECISIONMAKING.— 

14 ‘‘(A) IN GENERAL.—Not later than 30 

15 days after the close of the public comment pe16 riod on a draft environmental impact statement, 

17 the Secretary may convene a meeting with the 

18 project sponsor, lead agency, resource agencies, 

19 and any relevant State agencies to ensure that 

20 all parties are on schedule to meet deadlines for 

21 decisions to be made regarding the project. 

22 ‘‘(B) DEADLINES.—The deadlines referred 

23 to in subparagraph (A) shall be those estab24 lished under subsection (g), or any other dead25 lines established by the lead agency, in conVerDate Mar 15 2010 00:52 Nov 08, 2011 Jkt 099200 PO 00000 Frm 00371 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.IS S1813

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1 sultation with the project sponsor and other rel2 evant agencies. 

3 ‘‘(C) FAILURE TO ASSURE.—If the rel4 evant agencies cannot provide reasonable assur5 ances that the deadlines described in subpara6 graph (B) will be met, the Secretary may ini7 tiate the issue resolution and referral process 

8 described under paragraph (5) and before the 

9 completion of the record of decision. 

10 ‘‘(5) ACCELERATED ISSUE RESOLUTION AND

11 REFERRAL.— 

12 ‘‘(A) AGENCY ISSUE RESOLUTION MEET13 ING.— 

14 ‘‘(i) IN GENERAL.—A Federal agency 

15 of jurisdiction, project sponsor, or the Gov16 ernor of a State in which a project is lo17 cated may request an issue resolution 

18 meeting to be conducted by the lead agen19 cy. 

20 ‘‘(ii) ACTION BY LEAD AGENCY.—The 

21 lead agency shall convene an issue resolu22 tion meeting under clause (i) with the rel23 evant participating agencies and the 

24 project sponsor, including the Governor 


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1 only if the meeting was requested by the 

2 Governor, to resolve issues that could— 

3 ‘‘(I) delay completion of the envi4 ronmental review process; or 

5 ‘‘(II) result in denial of any ap6 provals required for the project under 

7 applicable laws. 

8 ‘‘(iii) DATE.—A meeting requested 

9 under this subparagraph shall be held by 

10 not later than 21 days after the date of re11 ceipt of the request for the meeting, unless 

12 the lead agency determines that there is 

13 good cause to extend the time for the 

14 meeting. 

15 ‘‘(iv) NOTIFICATION.—On receipt of a 

16 request for a meeting under this subpara17 graph, the lead agency shall notify all rel18 evant participating agencies of the request, 

19 including the issue to be resolved, and the 

20 date for the meeting. 

21 ‘‘(v) DISPUTES.—If a relevant partici22 pating agency with jurisdiction over an ap23 proval required for a project under applica24 ble law determines that the relevant infor25 mation necessary to resolve the issue has 


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1 not been obtained and could not have been 

2 obtained within a reasonable time, but the 

3 lead agency disagrees, the resolution of the 

4 dispute shall be forwarded to the heads of 

5 the relevant agencies for resolution. 

6 ‘‘(vi) CONVENTION BY LEAD AGEN7 CY.—A lead agency may convene an issue 

8 resolution meeting under this subsection at 

9 any time without the request of the Fed10 eral agency of jurisdiction, project sponsor, 

11 or the Governor of a State. 

12 ‘‘(B) ELEVATION OF ISSUE RESOLU13 TION.— 

14 ‘‘(i) IN GENERAL.—If issue resolution 

15 is not achieved by not later than 30 days 

16 after the date of a relevant meeting under 

17 subparagraph (A), the Secretary shall no18 tify the lead agency, the heads of the rel19 evant participating agencies, and the 

20 project sponsor (including the Governor 

21 only if the initial issue resolution meeting 

22 request came from the Governor) that an 

23 issue resolution meeting will be convened. 

24 ‘‘(ii) REQUIREMENTS.—The Secretary 

25 shall identify the issues to be addressed at 


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1 the meeting and convene the meeting not 

2 later than 30 days after the date of 

3 issuance of the notice. 

4 ‘‘(C) REFERRAL OF ISSUE RESOLUTION.— 

5 ‘‘(i) REFERRAL TO COUNCIL ON ENVI6 RONMENTAL QUALITY.— 

7 ‘‘(I) IN GENERAL.—If resolution 

8 is not achieved by not later than 30 

9 days after the date of an issue resolu10 tion meeting under subparagraph (B), 

11 the Secretary shall refer the matter to 

12 the Council on Environmental Qual13 ity. 

14 ‘‘(II) MEETING.—Not later than 

15 30 days after the date of receipt of a 

16 referral from the Secretary under sub17 clause (I), the Council on Environ18 mental Quality shall hold an issue res19 olution meeting with the lead agency, 

20 the heads of relevant participating 

21 agencies, and the project sponsor (in22 cluding the Governor only if an initial 

23 request for an issue resolution meet24 ing came from the Governor). 


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1 ‘‘(ii) REFERRAL TO THE PRESI2 DENT.—If a resolution is not achieved by 

3 not later than 30 days after the date of the 

4 meeting convened by the Council on Envi5 ronmental Quality under clause (i)(II), the 

6 Secretary shall refer the matter directly to 

7 the President. 

8 ‘‘(6) FINANCIAL TRANSFER PROVISIONS.— 

9 ‘‘(A) IN GENERAL.—A Federal agency of 

10 jurisdiction over an approval required for a 

11 project under applicable laws shall complete any 

12 required approval on an expeditious basis using 

13 the shortest existing applicable process. 

14 ‘‘(B) FAILURE TO DECIDE.— 

15 ‘‘(i) IN GENERAL.—If an agency de16 scribed in subparagraph (A) fails to render 

17 a decision under any Federal law relating 

18 to a project that requires the preparation 

19 of an environmental impact statement or 

20 environmental assessment, including the 

21 issuance or denial of a permit, license, or 

22 other approval by the date described in 

23 clause (ii), the agency shall transfer from 

24 the applicable office of the head of the 

25 agency, or equivalent office to which the 


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1 authority for rendering the decision has 

2 been delegated by law, to the agency or di3 vision charged with rendering a decision 

4 regarding the application, by not later than 

5 1 day after the applicable date under 

6 clause (ii), and once each week thereafter 

7 until a final decision is rendered, subject to 

8 subparagraph (C)— 

9 ‘‘(I) $20,000 for any project for 

10 which an annual financial plan under 

11 section 106(i) is required; or 

12 ‘‘(II) $10,000 for any other 

13 project requiring preparation of an 

14 environmental assessment or environ15 mental impact statement. 

16 ‘‘(ii) DESCRIPTION OF DATE.—The 

17 date referred to in clause (i) is the later 

18 of— 

19 ‘‘(I) the date that is 180 days 

20 after the date on which an application 

21 for the permit, license, or approval is 

22 complete; and 

23 ‘‘(II) the date that is 180 days 

24 after the date on which the Federal 

25 lead agency issues a decision on the 


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1 project under the National Environ2 mental Policy Act of 1969 (42 U.S.C. 

3 4321 et seq.). 

4 ‘‘(C) LIMITATIONS.— 

5 ‘‘(i) IN GENERAL.—No transfer of 

6 funds under subparagraph (B) relating to 

7 an individual project shall exceed, in any 

8 fiscal year, an amount equal to 1 percent 

9 of the funds made available for the appli10 cable agency office. 

11 ‘‘(ii) FAILURE TO DECIDE.—The total 

12 amount transferred in a fiscal year as a re13 sult of a failure by an agency to make a 

14 decision by an applicable deadline shall not 

15 exceed an amount equal to 5 percent of the 

16 funds made available for the applicable 

17 agency office for that fiscal year. 

18 ‘‘(D) TREATMENT.—The transferred funds 

19 shall only be available to the agency or division 

20 charged with rendering the decision as addi21 tional resources, pursuant to subparagraph (F). 

22 ‘‘(E) NO FAULT OF AGENCY.—A transfer 

23 of funds under this paragraph shall not be 

24 made if the agency responsible for rendering 

25 the decision certifies that— 


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1 ‘‘(i) the agency has not received nec2 essary information or approvals from an3 other entity, such as the project sponsor, 

4 in a manner that affects the ability of the 

5 agency to meet any requirements under 

6 State, local, or Federal law; or 

7 ‘‘(ii) significant new information or 

8 circumstances, including a major modifica9 tion to an aspect of the project, requires 

10 additional analysis for the agency to make 

11 a decision on the project application. 

12 ‘‘(F) TREATMENT OF FUNDS.— 

13 ‘‘(i) IN GENERAL.—Funds transferred 

14 under this paragraph shall supplement re15 sources available to the agency or division 

16 charged with making a decision for the 

17 purpose of expediting permit reviews. 

18 ‘‘(ii) AVAILABILITY.—Funds trans19 ferred under this paragraph shall be avail20 able for use or obligation for the same pe21 riod that the funds were originally author22 ized or appropriated, plus 1 additional fis23 cal year. 

24 ‘‘(iii) LIMITATION.—The Federal 

25 agency with jurisdiction for the decision 


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1 that has transferred the funds pursuant to 

2 this paragraph shall not reprogram funds 

3 to the office of the head of the agency, or 

4 equivalent office, to reimburse that office 

5 for the loss of the funds. 

6 ‘‘(G) AUDITS.—In any fiscal year in which 

7 any Federal agency transfers funds pursuant to 

8 this paragraph, the Inspector General of that 

9 agency shall— 

10 ‘‘(i) conduct an audit to assess com11 pliance with the requirements of this para12 graph; and 

13 ‘‘(ii) not later than 120 days after the 

14 end of the fiscal year during which the 

15 transfer occurred, submit to the Committee 

16 on Environment and Public Works of the 

17 Senate and any other appropriate congres18 sional committees a report describing the 

19 reasons why the transfers were levied, in20 cluding allocations of resources. 

21 ‘‘(H) EFFECT OF PARAGRAPH.—Nothing 

22 in this paragraph affects or limits the applica23 tion of, or obligation to comply with, any Fed24 eral, State, local, or tribal law. 


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1 ‘‘(I) AUTHORITY FOR INTRA-AGENCY

2 TRANSFER OF FUNDS.—The requirement pro3 vided under this paragraph for a Federal agen4 cy to transfer or reallocate funds of the Federal 

5 agency in accordance with subparagraph 

6 (B)(i)— 

7 ‘‘(i) shall be treated by the Federal 

8 agency as a requirement and authority 

9 consistent with any applicable original law 

10 establishing and authorizing the agency; 

11 but 

12 ‘‘(ii) does not provide to the Federal 

13 agency the authority to require or deter14 mine the intra-agency transfer or realloca15 tion of funds that are provided to or are 

16 within any other Federal agency. 

17 ‘‘(7) EXPEDIENT DECISIONS AND REVIEWS.— 

18 To ensure that Federal environmental decisions and 

19 reviews are expeditiously made— 

20 ‘‘(A) adequate resources made available 

21 under this title shall be devoted to ensuring 

22 that applicable environmental reviews under the 

23 National Environmental Policy Act of 1969 (42 

24 U.S.C. 4321 et seq.) are completed on an expe25 ditious basis and that the shortest existing apVerDate Mar 15 2010 00:52 Nov 08, 2011 Jkt 099200 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.IS S1813

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1 plicable process under that Act is implemented; 

2 and 

3 ‘‘(B) the President shall submit to the 

4 Committee on Transportation and Infrastruc5 ture of the House of Representatives and the 

6 Committee on Environment and Public Works 

7 of the Senate, not less frequently than once 

8 every 120 days after the date of enactment of 

9 the MAP–21, a report on the status and 

10 progress of the following projects and activities 

11 funded under this title with respect to compli12 ance with applicable requirements under the 

13 National Environmental Policy Act of 1969 (42 

14 U.S.C. 4321 et seq.): 

15 ‘‘(i) Projects and activities required to 

16 prepare an annual financial plan under 

17 section 106(i). 

18 ‘‘(ii) A sample of not less than 5 per19 cent of the projects requiring preparation 

20 of an environmental impact statement or 

21 environmental assessment in each State.’’. 

22 SEC. 1314. ENVIRONMENTAL PROCEDURES INITIATIVE. 

23 (a) ESTABLISHMENT.—For grant programs under 

24 which funds are distributed by formula by the Department 

25 of Transportation, the Secretary shall establish an initiaVerDate Mar 15 2010 00:52 Nov 08, 2011 Jkt 099200 PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.IS S1813

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1 tive to review and develop consistent procedures for envi2 ronmental permitting and procurement requirements. 

3 (b) REPORT.—The Secretary shall publish the results 

4 of the initiative described in subsection (a) in an electroni5 cally accessible format. 

6 SEC. 1315. ALTERNATIVE RELOCATION PAYMENT DEM7 ONSTRATION PROGRAM. 

8 (a) PAYMENT DEMONSTRATION PROGRAM.— 

9 (1) IN GENERAL.—Except as otherwise pro10 vided in this section, for the purpose of identifying 

11 improvements in the timeliness of providing reloca12 tion assistance to persons displaced by Federal or 

13 federally assisted programs and projects, the Sec14 retary may allow not more than 5 States to partici15 pate in an alternative relocation payment demonstra16 tion program under which payments to displaced 

17 persons eligible for relocation assistance pursuant to 

18 the Uniform Relocation Assistance and Real Prop19 erty Acquisition Policies Act of 1970 (42 U.S.C. 

20 4601 et seq.) (including implementing regulations), 

21 are calculated based on reasonable estimates and 

22 paid in advance of the physical displacement of the 

23 displaced person. 

24 (2) TIMING OF PAYMENTS.—Relocation assist25 ance payments for projects carried out under an apVerDate Mar 15 2010 00:52 Nov 08, 2011 Jkt 099200 PO 00000 Frm 00383 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.IS S1813

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1 proved State demonstration program may be pro2 vided to the displaced person at the same time as 

3 payments of just compensation for real property ac4 quired for the program or project of the State. 

5 (3) COMBINING OF PAYMENTS.—Payments for 

6 relocation and just compensation may be combined 

7 into a single unallocated amount. 

8 (b) CRITERIA.— 

9 (1) IN GENERAL.—After public notice and an 

10 opportunity to comment, the Secretary shall adopt 

11 criteria for carrying out the alternative relocation 

12 payment demonstration program. 

13 (2) CONDITIONS.— 

14 (A) IN GENERAL.—Conditions for State 

15 participation in the demonstration program 

16 shall include the conditions described in sub17 paragraphs (B) through (E). 

18 (B) MEMORANDUM OF AGREEMENT.—A 

19 State wishing to participate in the demonstra20 tion program shall be required to enter into a 

21 memorandum of agreement with the Secretary 

22 that includes provisions relating to— 

23 (i) the selection of projects or pro24 grams within the State to which the alterVerDate Mar 15 2010 00:52 Nov 08, 2011 Jkt 099200 PO 00000 Frm 00384 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.IS S1813

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1 native relocation payment process will be 

2 applied; 

3 (ii) program and project-level moni4 toring; 

5 (iii) performance measurement; 

6 (iv) reporting; and 

7 (v) the circumstances under which the 

8 Secretary may terminate the demonstra9 tion program of the State before the end of 

10 the program term. 

11 (C) TERM OF DEMONSTRATION PRO12 GRAM.—Except as provided in subparagraph 

13 (B)(v), the demonstration program of the State 

14 may continue for up to 3 years after the date 

15 on which the Secretary executes the memo16 randum of agreement. 

17 (D) DISPLACED PERSONS.— 

18 (i) IN GENERAL.—Displaced persons 

19 affected by a project included in the dem20 onstration program of the State shall be 

21 informed in writing in a format that is 

22 clear and easily understandable that the 

23 relocation payments that the displaced per24 sons receive under the demonstration pro25 gram may be higher or lower than the 


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1 amount that the displaced persons would 

2 receive under the standard relocation as3 sistance process. 

4 (ii) ALTERNATIVE PROCESS.—Dis5 placed persons shall be informed— 

6 (I) of the right of the displaced 

7 persons not to participate in the dem8 onstration program; and 

9 (II) that the alternative reloca10 tion payment process can be used only 

11 if the displaced person agrees in writ12 ing. 

13 (iii) ASSISTANCE.—The displacing 

14 agency shall provide any displaced person 

15 who elects not to participate in the dem16 onstration program with relocation assist17 ance in accordance with the Uniform Relo18 cation Assistance and Real Property Ac19 quisition Policies Act of 1970 (42 U.S.C. 

20 4601 et seq.) (including implementing reg21 ulations). 

22 (E) OTHER DISPLACEMENTS.— 

23 (i) IN GENERAL.—If other Federal 

24 agencies plan displacements in or adjacent 

25 to a demonstration program project area 


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1 within the same time period as the project 

2 acquisition and relocation actions of the 

3 demonstration program, the Secretary 

4 shall adopt measures to protect against in5 consistent treatment of displaced persons. 

6 (ii) INCLUSION.—Measures described 

7 in clause (i) may include a determination 

8 that the demonstration program authority 

9 may not be used on a particular project. 

10 (c) REPORT.— 

11 (1) IN GENERAL.—The Secretary shall submit 

12 to Congress— 

13 (A) at least every 18 months after the date 

14 of enactment of this Act, a report on the 

15 progress and results of the demonstration pro16 gram; and 

17 (B) not later than 1 year after all State 

18 demonstration programs have ended, a final re19 port. 

20 (2) REQUIREMENTS.—The final report shall in21 clude an evaluation by the Secretary of the merits 

22 of the alternative relocation payment demonstration 

23 program, including the effects of the demonstration 

24 program on— 


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1 (A) displaced persons and the protections 

2 afforded to displaced persons by the Uniform 

3 Relocation Assistance and Real Property Acqui4 sition Policies Act of 1970 (42 U.S.C. 4601 et 

5 seq.); 

6 (B) the efficiency of the delivery of Fed7 eral-aid highway projects and overall effects on 

8 the Federal-aid highway program; and 

9 (C) the achievement of the purposes of the 

10 Uniform Relocation Assistance and Real Prop11 erty Acquisition Policies Act of 1970 (42 

12 U.S.C. 4601 et seq.). 

13 (d) LIMITATION.—The authority of this section may 

14 be used only on projects funded under title 23, United 

15 States Code, in cases in which the funds are administered 

16 by the Federal Highway Administration. 

17 (e) AUTHORITY.—The authority of the Secretary to 

18 approve an alternate relocation payment demonstration 

19 program for a State terminates on the date that is 3 years 

20 after the date of enactment of this Act 

21 SEC. 1316. REVIEW OF FEDERAL PROJECT AND PROGRAM 

22 DELIVERY. 

23 (a) COMPLETION TIME ASSESSMENTS AND RE24 PORTS.— 


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1 (1) IN GENERAL.—For projects funded under 

2 title 23, United States Code, the Secretary shall 

3 compare— 

4 (A)(i) the completion times of categorical 

5 exclusions, environmental assessments, and en6 vironmental impact statements initiated after 

7 calendar year 2005; to 

8 (ii) the completion times of categorical ex9 clusions, environmental assessments, and envi10 ronmental impact statements initiated during a 

11 period prior to calendar year 2005; and 

12 (B)(i) the completion times of categorical 

13 exclusions, environmental assessments, and en14 vironmental impact statements initiated during 

15 the period beginning on January 1, 2005, and 

16 ending on the date of enactment of this Act; to 

17 (ii) the completion times of categorical ex18 clusions, environmental assessments, and envi19 ronmental impact statements initiated after the 

20 date of enactment of this Act. 

21 (2) REPORT.—The Secretary shall submit to 

22 the Committee on Transportation and Infrastructure 

23 of the House of Representatives and the Committee 

24 on Environment and Public Works of the Senate a 

25 report— 


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1 (A) not later than 1 year after the date of 

2 enactment of this Act that— 

3 (i) describes the results of the review 

4 conducted under paragraph (1)(A); and 

5 (ii) identifies any change in the timing 

6 for completions, including the reasons for 

7 any such change and the reasons for 

8 delays in excess of 5 years; and 

9 (B) not later than 5 years after the date 

10 of enactment of this Act that— 

11 (i) describes the results of the review 

12 conducted under paragraph (1)(B); and 

13 (ii) identifies any change in the timing 

14 for completions, including the reasons for 

15 any such change and the reasons for 

16 delays in excess of 5 years. 

17 (b) ADDITIONAL REPORT.—Not later than 2 years 

18 after the date of enactment of this Act, the Secretary shall 

19 submit to the Committee on Transportation and Infra20 structure of the House of Representatives and the Com21 mittee on Environment and Public Works of the Senate 

22 a report on the types and justification for the additional 

23 categorical exclusions granted under the authority pro24 vided under sections 1309 and 1310. 


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1 (c) GAO REPORT.—The Comptroller General of the 

2 United States shall— 

3 (1) assess the reforms carried out under sec4 tions 1301 through 1315 (including the amendments 

5 made by those sections); and 

6 (2) not later than 5 years after the date of en7 actment of this Act, submit to the Committee on 

8 Transportation and Infrastructure of the House of 

9 Representatives and the Committee on Environment 

10 and Public Works of the Senate a report that de11 scribes the results of the assessment. 

12 (d) INSPECTOR GENERAL REPORT.—The Inspector 

13 General of the Department of Transportation shall— 

14 (1) assess the reforms carried out under sec15 tions 1301 through 1315 (including the amendments 

16 made by those sections); and 

17 (2) submit to the Committee on Transportation 

18 and Infrastructure of the House of Representatives 

19 and the Committee on Environment and Public 

20 Works of the Senate— 

21 (A) not later than 2 years after the date 

22 of enactment of this Act, an initial report of the 

23 findings of the Inspector General; and 


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1 (B) not later than 4 years after the date 

2 of enactment of this Act, a final report of the 

3 findings. 

4 Subtitle D—Highway Safety 

5 SEC. 1401. JASON’S LAW. 

6 (a) IN GENERAL.—It is the sense of Congress that 

7 it is a national priority to address projects under this sec8 tion for the shortage of long-term parking for commercial 

9 motor vehicles on the National Highway System to im10 prove the safety of motorized and nonmotorized users and 

11 for commercial motor vehicle operators. 

12 (b) ELIGIBLE PROJECTS.—Eligible projects under 

13 this section are those that— 

14 (1) serve the National Highway System; and 

15 (2) may include the following: 

16 (A) Constructing safety rest areas (as de17 fined in section 120(c) of title 23, United 

18 States Code) that include parking for commer19 cial motor vehicles. 

20 (B) Constructing commercial motor vehicle 

21 parking facilities adjacent to commercial truck 

22 stops and travel plazas. 

23 (C) Opening existing facilities to commer24 cial motor vehicle parking, including inspection 

25 and weigh stations and park-and-ride facilities. 


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1 (D) Promoting the availability of publicly 

2 or privately provided commercial motor vehicle 

3 parking on the National Highway System using 

4 intelligent transportation systems and other 

5 means. 

6 (E) Constructing turnouts along the Na7 tional Highway System for commercial motor 

8 vehicles. 

9 (F) Making capital improvements to public 

10 commercial motor vehicle parking facilities cur11 rently closed on a seasonal basis to allow the fa12 cilities to remain open year-round. 

13 (G) Improving the geometric design of 

14 interchanges on the National Highway System 

15 to improve access to commercial motor vehicle 

16 parking facilities. 

17 (c) SURVEY AND COMPARATIVE ASSESSMENT.— 

18 (1) IN GENERAL.—The Secretary, in consulta19 tion with relevant State motor carrier safety per20 sonnel, shall conduct a survey regarding the avail21 ability of parking facilities within each State— 

22 (A) to evaluate the capability of the State 

23 to provide adequate parking and rest facilities 

24 for motor carriers engaged in interstate motor 

25 carrier service; 


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1 (B) to assess the volume of motor carrier 

2 traffic through the State; and 

3 (C) to develop a system of metrics to 

4 measure the adequacy of parking facilities in 

5 the State. 

6 (2) RESULTS.—The results of the survey under 

7 paragraph (1) shall be made available to the public 

8 on the website of the Department of Transportation. 

9 (3) PERIODIC UPDATES.—The Secretary shall 

10 periodically update the survey under this subsection. 

11 (d) TREATMENT OF PROJECTS.—Notwithstanding 

12 any other provision of law, projects funded through the 

13 authority provided under this section shall be treated as 

14 projects on a Federal-aid system under chapter 1 of title 

15 23, United States Code. 

16 SEC. 1402. OPEN CONTAINER REQUIREMENTS. 

17 Section 154(c) of title 23, United States Code, is 

18 amended— 

19 (1) by striking paragraph (2) and inserting the 

20 following: 

21 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 

22 ‘‘(A) RESERVATION OF FUNDS.—On Octo23 ber 1, 2011, and each October 1 thereafter, if 

24 a State has not enacted or is not enforcing an 

25 open container law described in subsection (b), 


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1 the Secretary shall reserve an amount equal to 

2 2.5 percent of the funds to be apportioned to 

3 the State on that date under each of para4 graphs (1) and (2) of section 104(b) until the 

5 State certifies to the Secretary the means by 

6 which the State will use those reserved funds in 

7 accordance with subparagraphs (A) and (B) of 

8 paragraph (1) and paragraph (3). 

9 ‘‘(B) TRANSFER OF FUNDS.—As soon as 

10 practicable after the date of receipt of a certifi11 cation from a State under subparagraph (A), 

12 the Secretary shall— 

13 ‘‘(i) transfer the reserved funds identi14 fied by the State for use as described in 

15 subparagraphs (A) and (B) of paragraph 

16 (1) to the apportionment of the State 

17 under section 402; and 

18 ‘‘(ii) release the reserved funds identi19 fied by the State as described in paragraph 

20 (3).’’; 

21 (2) by striking paragraph (3) and inserting the 

22 following: 

23 ‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT

24 PROGRAM.— 


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1 ‘‘(A) IN GENERAL.—A State may elect to 

2 use all or a portion of the funds transferred 

3 under paragraph (2) for activities eligible under 

4 section 148. 

5 ‘‘(B) STATE DEPARTMENTS OF TRANSPOR6 TATION.—If the State makes an election under 

7 subparagraph (A), the funds shall be trans8 ferred to the department of transportation of 

9 the State, which shall be responsible for the ad10 ministration of the funds.’’; and 

11 (3) by striking paragraph (5) and inserting the 

12 following: 

13 ‘‘(5) DERIVATION OF AMOUNT TO BE TRANS14 FERRED.—The amount to be transferred under 

15 paragraph (2) may be derived from the following: 

16 ‘‘(A) The apportionment of the State 

17 under section 104(b)(l). 

18 ‘‘(B) The apportionment of the State 

19 under section 104(b)(2).’’. 

20 SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS 

21 FOR DRIVING WHILE INTOXICATED OR DRIV22 ING UNDER THE INFLUENCE. 

23 (a) DEFINITIONS.—Section 164(a) of title 23, United 

24 States Code, is amended— 

25 (1) by striking paragraph (3); 


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1 (2) by redesignating paragraphs (4) and (5) as 

2 paragraphs (3) and (4), respectively; and 

3 (3) in paragraph (4) (as so redesignated) by 

4 striking subparagraph (A) and inserting the fol5 lowing: 

6 ‘‘(A) receive— 

7 ‘‘(i) a suspension of all driving privi8 leges for not less than 1 year; or 

9 ‘‘(ii) a suspension of unlimited driving 

10 privileges for 1 year, allowing for the rein11 statement of limited driving privileges sub12 ject to restrictions and limited exemptions 

13 as established by State law, if an ignition 

14 interlock device is installed for not less 

15 than 1 year on each of the motor vehicles 

16 owned or operated, or both, by the indi17 vidual;’’. 

18 (b) TRANSFER OF FUNDS.—Section 164(b) of title 

19 23, United States Code, is amended— 

20 (1) by striking paragraph (2) and inserting the 

21 following: 

22 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 

23 ‘‘(A) RESERVATION OF FUNDS.—On Octo24 ber 1, 2011, and each October 1 thereafter, if 

25 a State has not enacted or is not enforcing a 


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1 repeat intoxicated driver law, the Secretary 

2 shall reserve an amount equal to 6 percent of 

3 the funds to be apportioned to the State on 

4 that date under each of paragraphs (1) and (2) 

5 of section 104(b) until the State certifies to the 

6 Secretary the means by which the States will 

7 use those reserved funds among the uses au8 thorized under subparagraphs (A) and (B) of 

9 paragraph (1), and paragraph (3). 

10 ‘‘(B) TRANSFER OF FUNDS.—As soon as 

11 practicable after the date of receipt of a certifi12 cation from a State under subparagraph (A), 

13 the Secretary shall— 

14 ‘‘(i) transfer the reserved funds identi15 fied by the State for use as described in 

16 subparagraphs (A) and (B) of paragraph 

17 (1) to the apportionment of the State 

18 under section 402; and 

19 ‘‘(ii) release the reserved funds identi20 fied by the State as described in paragraph 

21 (3).’’; 

22 (2) by striking paragraph (3) and inserting the 

23 following: 

24 ‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT

25 PROGRAM.— 


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1 ‘‘(A) IN GENERAL.—A State may elect to 

2 use all or a portion of the funds transferred 

3 under paragraph (2) for activities eligible under 

4 section 148. 

5 ‘‘(B) STATE DEPARTMENTS OF TRANSPOR6 TATION.—If the State makes an election under 

7 subparagraph (A), the funds shall be trans8 ferred to the department of transportation of 

9 the State, which shall be responsible for the ad10 ministration of the funds.’’; and 

11 (3) by striking paragraph (5) and inserting the 

12 following: 

13 ‘‘(5) DERIVATION OF AMOUNT TO BE TRANS14 FERRED.—The amount to be transferred under 

15 paragraph (2) may be derived from the following: 

16 ‘‘(A) The apportionment of the State 

17 under section 104(b)(1). 

18 ‘‘(B) The apportionment of the State 

19 under section 104(b)(2).’’. 

20 SEC. 1404. ADJUSTMENTS TO PENALTY PROVISIONS. 

21 (a) VEHICLE WEIGHT LIMITATIONS.—Section 

22 127(a)(1) of title 23, United States Code, is amended by 

23 striking ‘‘No funds shall be apportioned in any fiscal year 

24 under section 104(b)(1) of this title to any State which’’ 

25 and inserting ‘‘The Secretary shall withhold 50 percent 


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1 of the apportionment of a State under section 104(b)(1) 

2 in any fiscal year in which the State’’. 

3 (b) CONTROL OF JUNKYARDS.—Section 136 of title 

4 23, United States Code, is amended— 

5 (1) in subsection (b), in the first sentence— 

6 (A) by striking ‘‘10 per centum’’ and in7 serting ‘‘7 percent’’; and 

8 (B) by striking ‘‘section 104 of this title’’ 

9 and inserting ‘‘paragraphs (1) through (5) of 

10 section 104(b)’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(n) For purposes of this section, the terms ‘primary 

13 system’ and ‘Federal-aid primary system’ mean any high14 way that is on the National Highway System, which in15 cludes the Interstate Highway System.’’. 

16 (c) ENFORCEMENT OF VEHICLE SIZE AND WEIGHT

17 LAWS.—Section 141(b)(2) of title 23, United States Code, 

18 is amended— 

19 (1) by striking ‘‘10 per centum’’ and inserting 

20 ‘‘7 percent’’; and 

21 (2) by striking ‘‘section 104 of this title’’ and 

22 inserting ‘‘paragraphs (1) through (5) of section 

23 104(b)’’. 


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1 (d) PROOF OF PAYMENT OF THE HEAVY VEHICLE

2 USE TAX.—Section 141(c) of title 23, United States 

3 Code, is amended— 

4 (1) by striking ‘‘section 104(b)(4)’’ each place 

5 it appears and inserting ‘‘section 104(b)(1)’’; and 

6 (2) in the first sentence by striking ‘‘25 per 

7 centum’’ and inserting ‘‘ 8 percent’’. 

8 (e) USE OF SAFETY BELTS.—Section 153(h) of title 

9 23, United States Code, is amended— 

10 (1) by striking paragraph (1); 

11 (2) by redesignating paragraph (2) as para12 graph (1); 

13 (3) in paragraph (1) (as so redesignated)— 

14 (A) by striking the paragraph heading and 

15 inserting ‘‘PRIOR TO FISCAL YEAR 2012’’; and 

16 (B) by inserting ‘‘and before October 1, 

17 2011,’’ after ‘‘September 30, 1994,’’; and 

18 (4) by inserting after paragraph (1) (as so re19 designated) the following: 

20 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—If, 

21 at any time in a fiscal year beginning after Sep22 tember 30, 2011, a State does not have in effect a 

23 law described in subsection (a)(2), the Secretary 

24 shall transfer an amount equal to 2 percent of the 

25 funds apportioned to the State for the succeeding 


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1 fiscal year under each of paragraphs (1) through (3) 

2 of section 104(b) to the apportionment of the State 

3 under section 402.’’. 

4 (f) NATIONAL MINIMUM DRINKING AGE.—Section 

5 158(a)(1) of title 23, United States Code, is amended— 

6 (1) by striking ‘‘The Secretary’’ and inserting 

7 the following: 

8 ‘‘(A) FISCAL YEARS BEFORE 2012.—The 

9 Secretary’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(B) FISCAL YEAR 2012 AND THERE12 AFTER.—For fiscal year 2012 and each fiscal 

13 year thereafter, the amount to be withheld 

14 under this section shall be an amount equal to 

15 8 percent of the amount apportioned to the 

16 noncompliant State, as described in subpara17 graph (A), under paragraphs (1) and (2) of sec18 tion 104(b).’’. 

19 (g) DRUG OFFENDERS.—Section 159 of title 23, 

20 United States Code, is amended— 

21 (1) in subsection (a)— 

22 (A) by striking paragraph (1); 

23 (B) by redesignating paragraph (2) as 

24 paragraph (1); 


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1 (C) in paragraph (1) (as so redesignated) 

2 by striking ‘‘(including any amounts withheld 

3 under paragraph (1))’’; and 

4 (D) by inserting after paragraph (1) (as so 

5 redesignated) the following: 

6 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 

7 The Secretary shall withhold an amount equal to 8 

8 percent of the amount required to be apportioned to 

9 any State under each of paragraphs (1) and (2) of 

10 section 104(b) on the first day of each fiscal year 

11 beginning after September 30, 2011, if the State 

12 fails to meet the requirements of paragraph (3) on 

13 the first day of the fiscal year.’’; and 

14 (2) by striking subsection (b) and inserting the 

15 following: 

16 ‘‘(b) EFFECT OF NONCOMPLIANCE.—No funds with17 held under this section from apportionments to any State 

18 shall be available for apportionment to that State.’’. 

19 (h) ZERO TOLERANCE BLOOD ALCOHOL CON20 CENTRATION FOR MINORS.—Section 161(a) of title 23, 

21 United States Code, is amended— 

22 (1) by striking paragraph (1); 

23 (2) by redesignating paragraph (2) as para24 graph (1); 

25 (3) in paragraph (1) (as so redesignated)— 


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1 (A) by striking the paragraph heading and 

2 inserting ‘‘PRIOR TO FISCAL YEAR 2012’’; and 

3 (B) by inserting ‘‘through fiscal year 

4 2011’’ after ‘‘each fiscal year thereafter’’; and 

5 (4) by inserting after paragraph (1) (as so re6 designated) the following: 

7 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 

8 The Secretary shall withhold an amount equal to 8 

9 percent of the amount required to be apportioned to 

10 any State under each of paragraphs (1) and (2) of 

11 section 104(b) on October 1, 2011, and on October 

12 1 of each fiscal year thereafter, if the State does not 

13 meet the requirement of paragraph (3) on that 

14 date.’’. 

15 (i) OPERATION OF MOTOR VEHICLES BY INTOXI16 CATED PERSONS.—Section 163(e) of title 23, United 

17 States Code, is amended by striking paragraphs (1) and 

18 (2) and inserting the following: 

19 ‘‘(1) FISCAL YEARS 2007 THROUGH 2011.—On 

20 October 1, 2006, and October 1 of each fiscal year 

21 thereafter through fiscal year 2011, if a State has 

22 not enacted or is not enforcing a law described in 

23 subsection (a), the Secretary shall withhold an 

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1 portioned to the State on that date under each of 

2 paragraphs (1), (3), and (4) of section 104(b). 

3 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—On 

4 October 1, 2011, and October 1 of each fiscal year 

5 thereafter, if a State has not enacted or is not en6 forcing a law described in subsection (a), the Sec7 retary shall withhold an amount equal to 6 percent 

8 of the amounts to be apportioned to the State on 

9 that date under each of paragraphs (1) and (2) of 

10 section 104(b).’’. 

11 (j) COMMERCIAL DRIVER’S LICENSE.—Section 

12 31314 of title 49, United States Code, is amended— 

13 (1) by redesignating subsection (c) as sub14 section (d); and 

15 (2) by inserting after subsection (b) the fol16 lowing: 

17 ‘‘(c) PENALTIES IMPOSED IN FISCAL YEAR 2012 

18 AND THEREAFTER.—Effective beginning on October 1, 

19 2011— 

20 ‘‘(1) the penalty for the first instance of non21 compliance by a State under this section shall be not 

22 more than an amount equal to 4 percent of funds 

23 required to be apportioned to the noncompliant 

24 State under paragraphs (1) and (2) of section 

25 104(b) of title 23; and 


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1 ‘‘(2) the penalty for subsequent instances of 

2 noncompliance shall be not more than an amount 

3 equal to 8 percent of funds required to be appor4 tioned to the noncompliant State under paragraphs 

5 (1) and (2) of section 104(b) of title 23.’’. 

6 SEC. 1405. HIGHWAY WORKER SAFETY. 

7 (a) POSITIVE PROTECTIVE DEVICES.—Not later than 

8 60 days after the date of enactment of this Act, the Sec9 retary shall modify section 630.1108(a) of title 23, Code 

10 of Federal Regulations (as in effect on the date of enact11 ment of this Act), to ensure that— 

12 (1) at a minimum, positive protective measures 

13 are used to separate workers on highway construc14 tion projects from motorized traffic in all work zones 

15 conducted under traffic in areas that offer workers 

16 no means of escape (such as tunnels and bridges), 

17 unless an engineering study determines otherwise; 

18 (2) temporary longitudinal traffic barriers are 

19 used to protect workers on highway construction 

20 projects in long-duration stationary work zones when 

21 the project design speed is anticipated to be high 

22 and the nature of the work requires workers to be 

23 within 1 lane-width from the edge of a live travel 

24 lane, unless— 


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1 (A) an analysis by the project sponsor de2 termines otherwise; or 

3 (B) the project is outside of an urbanized 

4 area and the annual average daily traffic load 

5 of the applicable road is less than 100 vehicles 

6 per hour; and 

7 (3) when positive protective devices are nec8 essary for highway construction projects, those de9 vices are paid for on a unit-pay basis, unless doing 

10 so would create a conflict with innovative con11 tracting approaches, such as design-build or some 

12 performance-based contracts under which the con13 tractor is paid to assume a certain risk allocation 

14 and payment is generally made on a lump-sum basis. 

15 (b) TURNOUT GEAR.—Notwithstanding sections 

16 6D.03 and 6E.02 of the Manual on Uniform Traffic Con17 trol Devices dated 2009 (as in effect on the date of enact18 ment of this Act), any firefighter engaged in any type of 

19 operation while working within the right-of-way of a Fed20 eral-aid highway may optionally wear for compliance 

21 retroreflective turnout gear that is specified and regulated 

22 by other organizations, such as the gear specified in Na23 tional Fire Protection Association standards 1971 through 

24 2007 (as in effect on that date of enactment), in lieu of 


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1 apparel meeting the requirements under ANSI/ISEA 107– 

2 2004 or ANSI/ISEA 207–2006 (as in effect on that date). 

3 Subtitle E—Miscellaneous 

4 SEC. 1501. PROGRAM EFFICIENCIES. 

5 The first sentence of section 102(b) of title 23, 

6 United States Code, is amended by striking ‘‘made avail7 able for such engineering’’ and inserting ‘‘reimbursed for 

8 the preliminary engineering’’. 

9 SEC. 1502. PROJECT APPROVAL AND OVERSIGHT. 

10 Section 106 of title 23, United States Code, is 

11 amended— 

12 (1) in subsection (a)(2) by inserting ‘‘recipient’’ 

13 before ‘‘formalizing’’; 

14 (2) in subsection (c)— 

15 (A) in paragraph (1)— 

16 (i) in the heading, by striking ‘‘NON17 INTERSTATE’’; and 

18 (ii) by striking ‘‘but not on the Inter19 state System’’; and 

20 (B) by striking paragraph (4) and insert21 ing the following: 

22 ‘‘(4) LIMITATION ON INTERSTATE PROJECTS.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 not assign any responsibilities to a State for 

25 projects the Secretary determines to be in a 


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1 high risk category, as defined under subpara2 graph (B). 

3 ‘‘(B) HIGH RISK CATEGORIES.—The Sec4 retary may define the high risk categories 

5 under this subparagraph on a national basis, a 

6 State-by-State basis, or a national and State7 by-State basis, as determined to be appropriate 

8 by the Secretary.’’; 

9 (3) in subsection (e)— 

10 (A) in paragraph (1)— 

11 (i) in subparagraph (A)— 

12 (I) in the matter preceding clause 

13 (i)— 

14 (aa) by striking ‘‘concept’’ 

15 and inserting ‘‘planning’’; and 

16 (bb) by striking ‘‘multidis17 ciplined’’ and inserting ‘‘multi18 disciplinary’’; and 

19 (II) by striking clause (i) and in20 serting the following: 

21 ‘‘(i) providing the needed functions 

22 and achieving the established commitments 

23 (including environmental, community, and 

24 agency commitments) safely, reliably, and 

25 at the lowest overall lifecycle cost;’’; and 


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1 (ii) in subparagraph (B) by striking 

2 clause (ii) and inserting the following: 

3 ‘‘(ii) refining or redesigning, as appro4 priate, the project using different tech5 nologies, materials, or methods so as to ac6 complish the purpose, functions, and estab7 lished commitments (including environ8 mental, community, and agency commit9 ments) of the project.’’; 

10 (B) in paragraph (2)— 

11 (i) in the matter preceding subpara12 graph (A) by striking ‘‘or other cost-reduc13 tion analysis’’; 

14 (ii) in subparagraph (A) by striking 

15 ‘‘Federal-aid system’’ and inserting ‘‘Na16 tional Highway System receiving Federal 

17 assistance’’; and 

18 (iii) in subparagraph (B) by inserting 

19 ‘‘on the National Highway System receiv20 ing Federal assistance’’ after ‘‘a bridge 

21 project’’; and 

22 (C) by striking paragraph (4) and insert23 ing the following: 

24 ‘‘(4) REQUIREMENTS.— 


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1 ‘‘(A) VALUE ENGINEERING PROGRAM.— 

2 The State shall develop and carry out a value 

3 engineering program that— 

4 ‘‘(i) establishes and documents value 

5 engineering program policies and proce6 dures; 

7 ‘‘(ii) ensures that the required value 

8 engineering analysis is conducted before 

9 completing the final design of a project; 

10 ‘‘(iii) ensures that the value engineer11 ing analysis that is conducted, and the rec12 ommendations developed and implemented 

13 for each project, are documented in a final 

14 value engineering report; and 

15 ‘‘(iv) monitors, evaluates, and annu16 ally submits to the Secretary a report that 

17 describes the results of the value analyses 

18 that are conducted and the recommenda19 tions implemented for each of the projects 

20 described in paragraph (2) that are com21 pleted in the State. 

22 ‘‘(B) BRIDGE PROJECTS.—The value engi23 neering analysis for a bridge project under 

24 paragraph (2) shall— 


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1 ‘‘(i) include bridge superstructure and 

2 substructure requirements based on con3 struction material; and 

4 ‘‘(ii) be evaluated by the State— 

5 ‘‘(I) on engineering and economic 

6 bases, taking into consideration ac7 ceptable designs for bridges; and 

8 ‘‘(II) using an analysis of 

9 lifecycle costs and duration of project 

10 construction.’’; 

11 (4) in subsection (g)(4) by adding at the end 

12 the following: 

13 ‘‘(C) FUNDING.— 

14 ‘‘(i) IN GENERAL.—Subject to project 

15 approval by the Secretary, a State may ob16 ligate funds apportioned to the State under 

17 section 104(b)(2) for carrying out the re18 sponsibilities of the State under subpara19 graph (A). 

20 ‘‘(ii) ELIGIBLE ACTIVITIES.—Activi21 ties eligible for assistance under this sub22 paragraph include— 

23 ‘‘(I) State administration of sub24 grants; and 


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1 ‘‘(II) State oversight of subrecipi2 ents. 

3 ‘‘(iii) ANNUAL WORK PLAN.—To re4 ceive the funding flexibility made available 

5 under this subparagraph, the State shall 

6 submit to the Secretary an annual work 

7 plan identifying activities to be carried out 

8 under this subparagraph during the appli9 cable year. 

10 ‘‘(iv) FEDERAL SHARE.—The Federal 

11 share of the cost of activities carried out 

12 under this subparagraph shall be 100 per13 cent.’’; and 

14 (5) in subsection (h)— 

15 (A) in paragraph (1)(B) by inserting ‘‘, in16 cluding a phasing plan when applicable’’ after 

17 ‘‘financial plan’’; and 

18 (B) by striking paragraph (3) and insert19 ing the following: 

20 ‘‘(3) FINANCIAL PLAN.—A financial plan— 

21 ‘‘(A) shall be based on detailed estimates 

22 of the cost to complete the project; 

23 ‘‘(B) shall provide for the annual submis24 sion of updates to the Secretary that are based 

25 on reasonable assumptions, as determined by 


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1 the Secretary, of future increases in the cost to 

2 complete the project; and 

3 ‘‘(C) may include a phasing plan that iden4 tifies fundable incremental improvements or 

5 phases that will address the purpose and the 

6 need of the project in the short term in the 

7 event there are insufficient financial resources 

8 to complete the entire project. If a phasing plan 

9 is adopted for a project pursuant to this sec10 tion, the project shall be deemed to satisfy the 

11 fiscal constraint requirements in the statewide 

12 and metropolitan planning requirements in sec13 tions 134 and 135.’’. 

14 SEC. 1503. STANDARDS. 

15 (a) PRACTICAL DESIGN.—Section 109 of title 23, 

16 United States Code, is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1) by striking ‘‘and’’ at 

19 the end; 

20 (B) in paragraph (2) by striking the period 

21 at the end and inserting ‘‘; and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(3) utilize, when appropriate, practical design 

24 solutions, as defined in this section, to ensure that 

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1 able for transportation projects are used effi2 ciently.’’; 

3 (2) in subsection (c)— 

4 (A) in paragraph (1), in the matter pre5 ceding subparagraph (A)— 

6 (i) by striking ‘‘, reconstruction, re7 surfacing (except for maintenance resur8 facing), restoration, or rehabilitation’’ and 

9 inserting ‘‘or reconstruction’’; and 

10 (ii) by striking ‘‘may take into ac11 count’’ and inserting ‘‘shall consider’’; 

12 (B) in paragraph (2)— 

13 (i) in the first sentence of the matter 

14 preceding subparagraph (A) by striking 

15 ‘‘may’’ and inserting ‘‘shall’’; 

16 (ii) in subparagraph (C) by striking 

17 ‘‘and’’ at the end; 

18 (iii) by redesignating subparagraph 

19 (D) as subparagraph (F); and 

20 (iv) by inserting after subparagraph 

21 (C) the following: 

22 ‘‘(D) the publication entitled ‘Highway 

23 Safety Manual’ of the American Association of 

24 State Highway and Transportation Officials; 


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1 ‘‘(E) the publication entitled ‘A Guide for 

2 Achieving Flexibility in Highway Design, 1st 

3 Edition’, published by the American Association 

4 of State Highway and Transportation Officials; 

5 and’’; 

6 (3) in subsection (f) by inserting ‘‘pedestrian 

7 walkways,’’ after ‘‘bikeways,’’; 

8 (4) in subsection (m) by inserting ‘‘, safe, and 

9 continuous’’ after ‘‘for a reasonable’’; 

10 (5) in subsection (q) by striking ‘‘consistent 

11 with the operative safety management system estab12 lished in accordance with section 303 or in accord13 ance with’’ inserting ‘‘that is in accordance with a 

14 State’s strategic highway safety plan and included 

15 on’’; and 

16 (6) by adding at the end the following: 

17 ‘‘(r) DEFINITION.—In this section, the term ‘prac18 tical design solution’ means a collaborative interdiscipli19 nary approach that results in a transportation project that 

20 fits its physical setting, preserves safety, and balances 

21 costs with the necessary scope and project delivery needs 

22 of the project, as well as with scenic, aesthetic, historic, 

23 and environmental resources.’’. 


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1 (b) ADDITIONAL STANDARDS.—Section 109 of title 

2 23, United States Code (as amended by subsection (a)(6)), 

3 is amended by adding at the end the following: 

4 ‘‘(s) PAVEMENT MARKINGS.—The Secretary shall not 

5 approve any pavement markings project that includes the 

6 use of glass beads containing more than 200 parts per 

7 million of arsenic or lead.’’. 

8 SEC. 1504. CONSTRUCTION. 

9 Section 114 of title 23, United States Code, is 

10 amended— 

11 (1) in subsection (b)— 

12 (A) by striking paragraph (1) and insert13 ing the following: 

14 ‘‘(1) LIMITATION ON CONVICT LABOR.—Convict 

15 labor shall not be used in construction of Federal16 aid highways or portions of Federal-aid highways 

17 unless the labor is performed by convicts who are on 

18 parole, supervised release, or probation.’’; and 

19 (B) in paragraph (3) by inserting ‘‘in ex20 istence during that period’’ after ‘‘located on a 

21 Federal-aid system’’; and 

22 (2) in subsection (c)— 

23 (A) by striking paragraph (1) and insert24 ing the following: 


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1 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

2 that a worker who is employed on a remote project 

3 for the construction of a Federal-aid highway or por4 tion of a Federal-aid highway in the State of Alaska 

5 and who is not a domiciled resident of the locality 

6 shall receive meals and lodging.’’; and 

7 (B) in paragraph (3)(C) by striking ‘‘high8 way or portion of a highway located on a Fed9 eral-aid system’’ and inserting ‘‘Federal-aid 

10 highway or portion of a Federal-aid highway’’. 

11 SEC. 1505. MAINTENANCE. 

12 Section 116 of title 23, United States Code, is 

13 amended— 

14 (1) in subsection (a)— 

15 (A) in the first sentence, by inserting ‘‘or 

16 other direct recipient’’ before ‘‘to maintain’’; 

17 and 

18 (B) by striking the second sentence; 

19 (2) by striking subsection (b) and inserting the 

20 following: 

21 ‘‘(b) AGREEMENT.—In any State in which the State 

22 transportation department or other direct recipient is 

23 without legal authority to maintain a project described in 

24 subsection (a), the transportation department or direct re25 cipient shall enter into a formal agreement with the approVerDate Mar 15 2010 00:52 Nov 08, 2011 Jkt 099200 PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.IS S1813

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1 priate officials of the county or municipality in which the 

2 project is located providing for the maintenance of the 

3 project.’’; and 

4 (3) in the first sentence of subsection (c) by in5 serting ‘‘or other direct recipient’’ after ‘‘State 

6 transportation department’’. 

7 SEC. 1506. FEDERAL SHARE PAYABLE. 

8 Section 120 of title 23, United States Code, is 

9 amended— 

10 (1) in the first sentence of subsection (c)(1)— 

11 (A) by inserting ‘‘maintaining minimum 

12 levels of retroreflectivity of highway signs or 

13 pavement markings,’’ after ‘‘traffic control sig14 nalization,’’; 

15 (B) by inserting ‘‘shoulder and centerline 

16 rumble strips and stripes,’’ after ‘‘pavement 

17 marking,’’; and 

18 (C) by striking ‘‘Federal-aid systems’’ and 

19 inserting ‘‘Federal-aid programs’’; 

20 (2) in subsection (e)— 

21 (A) in the first sentence— 

22 (i) in the matter preceding paragraph 

23 (1) by striking ‘‘on such highway’’ and in24 serting ‘‘on the system’’; and 


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1 (ii) in paragraph (2) by striking ‘‘for2 est highways, forest development roads and 

3 trails, park roads and trails, parkways, 

4 public lands highways, public lands devel5 opment roads and trails, and Indian res6 ervation roads’’ and inserting ‘‘Federal 

7 land transportation facilities and tribal 

8 transportation facilities’’; and 

9 (B) by striking the second and third sen10 tences; 

11 (3) by striking subsection (g) and redesignating 

12 subsections (h) through (l) as subsections (g) 

13 through (k), respectively; 

14 (4) in subsection (i)(1)(A) (as redesignated by 

15 paragraph (3)) by striking ‘‘and the Appalachian de16 velopment highway system program under section 

17 14501 of title 40’’; and 

18 (5) by striking subsections (j) and (k) (as re19 designated by paragraph (3)) and inserting the fol20 lowing: 

21 ‘‘(j) USE OF FEDERAL AGENCY FUNDS.—Notwith22 standing any other provision of law, any Federal funds 

23 other than those made available under this title and title 

24 49, United States Code, may be used to pay the non-Fed25 eral share of the cost of any transportation project that 


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1 is within, adjacent to, or provides access to Federal land, 

2 the Federal share of which is funded under this title or 

3 chapter 53 of title 49. 

4 ‘‘(k) USE OF FEDERAL LAND AND TRIBAL TRANS5 PORTATION FUNDS.—Notwithstanding any other provi6 sion of law, the funds authorized to be appropriated to 

7 carry out the tribal transportation program under section 

8 202 and the Federal lands transportation program under 

9 section 203 may be used to pay the non-Federal share of 

10 the cost of any project that is funded under this title or 

11 chapter 53 of title 49 and that provides access to or within 

12 Federal or tribal land.’’. 

13 SEC. 1507. TRANSFERABILITY OF FEDERAL-AID HIGHWAY 

14 FUNDS. 

15 (a) IN GENERAL.—Section 126 of title 23, United 

16 States Code, is amended to read as follows: 

17 ‘‘§ 126. Transferability of Federal-aid highway funds 

18 ‘‘(a) IN GENERAL.—Notwithstanding any other pro19 vision of law, subject to subsection (b), a State may trans20 fer from an apportionment under section 104(b) not to 

21 exceed 20 percent of the amount apportioned for the fiscal 

22 year to any other apportionment of the State under that 

23 section. 


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1 ‘‘(b) APPLICATION TO CERTAIN SET-ASIDES.—Funds 

2 that are subject to sections 104(d) and 133(d) shall not 

3 be transferred under this section.’’. 

4 (b) CONFORMING AMENDMENT.—The analysis for 

5 chapter 1 of title 23, United States Code, is amended by 

6 striking the item relating to section 126 and inserting the 

7 following: 

‘‘126. Transferability of Federal-aid highway funds.’’. 

8 SEC. 1508. SPECIAL PERMITS DURING PERIODS OF NA9 TIONAL EMERGENCY. 

10 Section 127 of title 23, United States Code, is 

11 amended by inserting at the end the following: 

12 ‘‘(i) SPECIAL PERMITS DURING PERIODS OF NA13 TIONAL EMERGENCY.— 

14 ‘‘(1) IN GENERAL.—Notwithstanding any other 

15 provision of this section, a State may issue special 

16 permits during an emergency to overweight vehicles 

17 and loads that can easily be dismantled or divided 

18 if— 

19 ‘‘(A) the President has declared the emer20 gency to be a major disaster under the Robert 

21 T. Stafford Disaster Relief and Emergency As22 sistance Act (42 U.S.C. 5121 et seq.); 

23 ‘‘(B) the permits are issued in accordance 

24 with State law; and 


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1 ‘‘(C) the permits are issued exclusively to 

2 vehicles and loads that are delivering relief sup3 plies. 

4 ‘‘(2) EXPIRATION.—A permit issued under 

5 paragraph (1) shall expire not later than 120 days 

6 after the date of the declaration of emergency under 

7 subparagraph (A) of that paragraph.’’. 

8 SEC. 1509. ELECTRIC VEHICLE CHARGING STATIONS. 

9 (a) FRINGE AND CORRIDOR PARKING FACILITIES.— 

10 Section 137 of title 23, United States Code, is amended— 

11 (1) in subsection (a) by inserting after the sec12 ond sentence the following: ‘‘The addition of electric 

13 vehicle charging stations to new or previously funded 

14 parking facilities shall be eligible for funding under 

15 this section.’’; and 

16 (2) in subsection (f)(1)— 

17 (A) by striking ‘‘104(b)(4)’’ and inserting 

18 ‘‘104(b)(1)’’; and 

19 (B) by inserting ‘‘including the addition of 

20 electric vehicle charging stations,’’ after ‘‘new 

21 facilities,’’. 

22 (b) PUBLIC TRANSPORTATION .—Section 142(a)(1) 

23 of title 23, United States Code, is amended by inserting 

24 ‘‘(which may include electric vehicle charging stations)’’ 

25 after ‘‘corridor parking facilities’’. 


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1 SEC. 1510. HOV FACILITIES. 

2 Section 166 of title 23, United States Code, is 

3 amended— 

4 (1) in subsection (b)(5)— 

5 (A) in subparagraph (A) by striking ‘‘Be6 fore September 30, 2009, the’’ and inserting 

7 ‘‘The’’; and 

8 (B) in subparagraph (B) by striking ‘‘Be9 fore September 30, 2009, the’’ and inserting 

10 ‘‘The’’; and 

11 (2) in subsection (d)(1)— 

12 (A) in the matter preceding subparagraph 

13 (A)— 

14 (i) by striking ‘‘in a fiscal year shall 

15 certify’’ and inserting ‘‘shall submit to the 

16 Secretary a report demonstrating that the 

17 facility is not already degraded, and that 

18 the presence of the vehicles will not cause 

19 the facility to become degraded, and cer20 tify’’; and 

21 (ii) by striking ‘‘in the fiscal year’’; 

22 (B) in subparagraph (A) by inserting ‘‘and 

23 submitting to the Secretary annual reports of 

24 those impacts’’ after ‘‘adjacent highways’’; 

25 (C) in subparagraph (C) by striking ‘‘if the 

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1 ation of the facility’’ and inserting ‘‘whenever 

2 the operation of the facility is degraded’’; and 

3 (D) by adding at the end the following: 

4 ‘‘(D) MAINTENANCE OF OPERATING PER5 FORMANCE.—A facility that has become de6 graded shall be brought back into compliance 

7 with the minimum average operating speed per8 formance standard by not later than 180 days 

9 after the date on which the degradation is iden10 tified through changes to operation, including 

11 the following: 

12 ‘‘(i) Increase the occupancy require13 ment for HOVs. 

14 ‘‘(ii) Increase the toll charged for ve15 hicles allowed under subsection (b) to re16 duce demand. 

17 ‘‘(iii) Charge tolls to any class of vehi18 cle allowed under subsection (b) that is not 

19 already subject to a toll. 

20 ‘‘(iv) Limit or discontinue allowing ve21 hicles under subsection (b). 

22 ‘‘(v) Increase the available capacity of 

23 the HOV facility. 

24 ‘‘(E) COMPLIANCE.—If the State fails to 

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1 graph (D), the Secretary shall subject the State 

2 to appropriate program sanctions under section 

3 1.36 of title 23, Code of Federal Regulations 

4 (or successor regulations), until the perform5 ance is no longer degraded.’’. 

6 SEC. 1511. CONSTRUCTION EQUIPMENT AND VEHICLES. 

7 (a) IN GENERAL.—Chapter 3 of title 23, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘SEC. 330. CONSTRUCTION EQUIPMENT AND VEHICLES. 

11 ‘‘(a) IN GENERAL.—In accordance with the obliga12 tion process established pursuant to section 149(j)(4), a 

13 State shall expend amounts required to be obligated for 

14 this section to install and employ diesel emission control 

15 technology on covered equipment, with an engine that does 

16 not meet any particulate matter emission standards for 

17 the applicable engine power group issued by the Environ18 mental Protection Agency, on a covered highway project 

19 within a PM2.5 nonattainment or maintenance area. 

20 ‘‘(b) DEFINITIONS.—In this section, the following 

21 definitions apply: 

22 ‘‘(1) COVERED EQUIPMENT.—The term ‘cov23 ered construction equipment’ means any off-road 

24 diesel equipment or on-road diesel equipment that is 

25 operated on a covered highway construction project 


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1 for not less than 80 hours over the life of the 

2 project. 

3 ‘‘(2) COVERED HIGHWAY CONSTRUCTION

4 PROJECT.—The term ‘covered highway construction 

5 project’ means a highway construction project car6 ried out under this title or any other Federal law 

7 which is funded in whole or in part with Federal 

8 funds. 

9 ‘‘(3) DIESEL EMISSION CONTROL TECH10 NOLOGY.—The term ‘diesel emission control tech11 nology’ means a technology that— 

12 ‘‘(A) is— 

13 ‘‘(i) a diesel exhaust control tech14 nology; 

15 ‘‘(ii) a diesel engine upgrade; 

16 ‘‘(iii) a diesel engine repower; or 

17 ‘‘(iv) an idle reduction control tech18 nology; and 

19 ‘‘(B) reduces PM2.5 emissions from covered 

20 equipment by— 

21 ‘‘(i) not less than 85 percent control 

22 of any emission of particulate matter; or 

23 ‘‘(ii) the maximum achievable reduc24 tion of any emission of particulate matter. 


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1 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en2 tity’ means an entity that has entered into a prime 

3 contract or agreement with a State to carry out a 

4 covered highway construction project. 

5 ‘‘(5) OFF-ROAD DIESEL EQUIPMENT.— 

6 ‘‘(A) IN GENERAL.—The term ‘off-road 

7 diesel equipment’ means a vehicle, including 

8 covered equipment, that is— 

9 ‘‘(i) powered by a nonroad diesel en10 gine of not less than 50 horsepower; and 

11 ‘‘(ii) not intended for highway use. 

12 ‘‘(B) INCLUSIONS.—The term ‘off-road 

13 diesel equipment’ includes a backhoe, bulldozer, 

14 compressor, crane, excavator, generator, and 

15 similar equipment. 

16 ‘‘(C) EXCLUSIONS.—The term ‘off-road 

17 diesel equipment’ does not include a locomotive 

18 or marine vessel. 

19 ‘‘(6) ON-ROAD DIESEL EQUIPMENT.—The term 

20 ‘on-road diesel equipment’ means any self-propelled 

21 vehicle that— 

22 ‘‘(A) operates on diesel fuel; 

23 ‘‘(B) is designed to transport persons or 

24 property on a street or highway; and 


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1 ‘‘(C) has a gross vehicle weight rating of at 

2 least 14,000 pounds. 

3 ‘‘(7) PM2.5 NONATTAINMENT OR MAINTENANCE

4 AREA.—The term ‘PM2.5 nonattainment or mainte5 nance area’ means a nonattainment or maintenance 

6 area designated under section 107(d)(6) of the 

7 Clean Air Act (42 U.S.C. 7407(d)(6)). 

8 ‘‘(c) CRITERIA ELIGIBLE ACTIVITIES.— 

9 ‘‘(1) DIESEL EXHAUST CONTROL TECH10 NOLOGY.—For a diesel exhaust control technology, 

11 the technology shall be— 

12 ‘‘(A) installed on a diesel engine or vehicle; 

13 ‘‘(B) included in the list of verified or cer14 tified technologies for non-road vehicles and 

15 non-road engines (as defined in section 216 of 

16 the Clean Air Act (42 U.S.C. 7550)) published 

17 pursuant to subsection (f)(2) of section 149, as 

18 in effect on the day before the date of enact19 ment of the MAP–21; and 

20 ‘‘(C) certified by the installer as having 

21 been installed in accordance with the specifica22 tions included on the list referred to in sub23 clause (II) for achieving a reduction in PM2.5. 


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1 ‘‘(2) DIESEL ENGINE UPGRADE.—For a diesel 

2 engine upgrade, the upgrade shall be performed on 

3 an engine that is— 

4 ‘‘(A) rebuilt using new components that 

5 collectively appear as a system in the list of 

6 verified or certified technologies for non-road 

7 vehicles and non-road engines (as defined in 

8 section 216 of the Clean Air Act (42 U.S.C. 

9 7550)) published pursuant to subsection (f)(2) 

10 of section 149, as in effect on the day before 

11 the date of enactment of the MAP–21; and 

12 ‘‘(B) certified by the installer to have been 

13 installed in accordance with the specifications 

14 included on the list referred to in subclause (I) 

15 for achieving a reduction in PM2.5. 

16 ‘‘(3) DIESEL ENGINE REPOWER.—For a diesel 

17 engine repower, the repower shall be conducted on a 

18 new or remanufactured diesel engine that is— 

19 ‘‘(A) installed as a replacement for an en20 gine used in the existing equipment, subject to 

21 the condition that the replaced engine is— 

22 ‘‘(i) used for scrap; 

23 ‘‘(ii) permanently disabled; or 

24 ‘‘(iii) returned to the original manu25 facturer for remanufacture to a PM level 


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1 that is at least equivalent to a Tier 2 emis2 sion standard; and 

3 ‘‘(B) certified by the engine manufacturer 

4 as meeting the emission standards for new vehi5 cles for the applicable engine power group es6 tablished by the Environmental Protection 

7 Agency as in effect on the date on which the 

8 engine is remanufactured. 

9 ‘‘(4) IDLE REDUCTION CONTROL TECH10 NOLOGY.—For an idle reduction control technology, 

11 the technology shall be— 

12 ‘‘(A) installed on a diesel engine or vehicle; 

13 ‘‘(B) included in the list of verified or cer14 tified technologies for non-road vehicles and 

15 non-road engines (as defined in section 216 of 

16 the Clean Air Act (42 U.S.C. 7550)) published 

17 pursuant to subsection (f)(2) of section 149, as 

18 in effect on the day before the date of enact19 ment of the MAP–21; and 

20 ‘‘(C) certified by the installer as having 

21 been installed in accordance with the specifica22 tions included on the list referred to in sub23 clause (II) for achieving a reduction in PM2.5.’’. 

24 (b) SAVINGS CLAUSE.—Nothing in this section modi25 fies or otherwise affects any authority or restrictions esVerDate Mar 15 2010 03:25 Nov 08, 2011 Jkt 019200 PO 00000 Frm 00431 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.IS S1813

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1 tablished under the Clean Air Act (42 U.S.C. 7401 et 

2 seq.). 

3 (c) REPORT TO CONGRESS.— 

4 (1) IN GENERAL.—Not later than 21 years 

5 after the date of enactment of this Act, the Sec6 retary of Transportation shall submit to the Com7 mittee on Transportation and Infrastructure of the 

8 House of Representatives and the Committee on En9 vironment and Public Works of the Senate a report 

10 that describes the manners in which section 330 of 

11 title 23, United States Code (as added by subsection 

12 (a)) has been implemented, including the quantity of 

13 covered equipment serviced under those sections and 

14 the costs associated with servicing the covered equip15 ment. 

16 (2) INFORMATION FROM STATES.—The Sec17 retary shall require States and recipients, as a con18 dition of receiving amounts under this Act or under 

19 the provisions of any amendments made by this Act, 

20 to submit to the Secretary any information that the 

21 Secretary determines necessary to complete the re22 port under paragraph (1). 

23 (d) TECHNICAL AMENDMENT.—The analysis for 

24 chapter 3 of title 23, United States Code, is amended by 

25 adding at the end the following: 

‘‘330. Construction equipment and vehicles.’’. 


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1 SEC. 1512. USE OF DEBRIS FROM DEMOLISHED BRIDGES 

2 AND OVERPASSES. 

3 Section 1805(a) of the SAFETEA–LU (23 U.S.C. 

4 144 note; 119 Stat. 1459) is amended by striking ‘‘high5 way bridge replacement and rehabilitation program under 

6 section 144’’ and inserting ‘‘national highway performance 

7 program under section 119’’. 

8 SEC. 1513. EXTENSION OF PUBLIC TRANSIT VEHICLE EX9 EMPTION FROM AXLE WEIGHT RESTRIC10 TIONS. 

11 Section 1023(h)(1) of the Intermodal Surface Trans12 portation Efficiency Act of 1991 (23 U.S.C. 127 note; 

13 Public Law 102–388) is amended by striking ‘‘, for the 

14 period beginning on October 6, 1992, and ending on Octo15 ber 1, 2009,’’. 

16 SEC. 1514. UNIFORM RELOCATION ASSISTANCE ACT 

17 AMENDMENTS. 

18 (a) MOVING AND RELATED EXPENSES.—Section 202 

19 of the Uniform Relocation Assistance and Real Property 

20 Acquisition Policies Act of 1970 (42 U.S.C. 4622) is 

21 amended— 

22 (1) in subsection (a)(4) by striking ‘‘$10,000’’ 

23 and inserting ‘‘$25,000, as adjusted by regulation, 

24 in accordance with section 213(d)’’; and 

25 (2) in the second sentence of subsection (c) by 

26 striking ‘‘$20,000’’ and inserting ‘‘$40,000, as adVerDate Mar 15 2010 00:52 Nov 08, 2011 Jkt 099200 PO 00000 Frm 00433 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.IS S1813

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1 justed by regulation, in accordance with section 

2 213(d)’’. 

3 (b) REPLACEMENT HOUSING FOR HOMEOWNERS.— 

4 The first sentence of section 203(a)(1) of the Uniform Re5 location Assistance and Real Property Acquisition Policies 

6 Act of 1970 (42 U.S.C. 4623(a)(1)) is amended— 

7 (1) by striking ‘‘$22,500’’ and inserting 

8 ‘‘$31,000, as adjusted by regulation, in accordance 

9 with 213(d),’’; and 

10 (2) by striking ‘‘one hundred and eighty days 

11 prior to’’ and inserting ‘‘90 days before’’. 

12 (c) REPLACEMENT HOUSING FOR TENANTS AND

13 CERTAIN OTHERS.—Section 204 of the Uniform Reloca14 tion Assistance and Real Property Acquisition Policies Act 

15 of 1970 (42 U.S.C. 4624) is amended— 

16 (1) in the second sentence of subsection (a) by 

17 striking ‘‘$5,250’’ and inserting ‘‘$7,200, as ad18 justed by regulation, in accordance with section 

19 213(d)’’; and 

20 (2) in the second sentence of subsection (b) by 

21 striking ‘‘, except’’ and all that follows through the 

22 end of the subsection and inserting a period. 

23 (d) DUTIES OF LEAD AGENCY.—Section 213 of the 

24 Uniform Relocation Assistance and Real Property Acquisi25 tion Policies Act of 1970 (42 U.S.C. 4633) is amended— 


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1 (1) in subsection (b)— 

2 (A) in paragraph (2) by striking ‘‘and’’ at 

3 the end; 

4 (B) in paragraph (3) by striking the period 

5 at the end and inserting ‘‘; and’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(4) that each Federal agency that has pro8 grams or projects requiring the acquisition of real 

9 property or causing a displacement from real prop10 erty subject to the provisions of this Act shall pro11 vide to the lead agency an annual summary report 

12 the describes the activities conducted by the Federal 

13 agency.’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(d) ADJUSTMENT OF PAYMENTS.—The head of the 

16 lead agency may adjust, by regulation, the amounts of re17 location payments provided under sections 202(a)(4), 

18 202(c), 203(a), and 204(a) if the head of the lead agency 

19 determines that cost of living, inflation, or other factors 

20 indicate that the payments should be adjusted to meet the 

21 policy objectives of this Act.’’. 

22 (e) AGENCY COORDINATION.—Title II of the Uni23 form Relocation Assistance and Real Property Acquisition 

24 Policies Act of 1970 is amended by inserting after section 

25 213 (42 U.S.C. 4633) the following: 


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1 ‘‘SEC. 214. AGENCY COORDINATION. 

2 ‘‘(a) AGENCY CAPACITY.—Each Federal agency re3 sponsible for funding or carrying out relocation and acqui4 sition activities shall have adequately trained personnel 

5 and such other resources as are necessary to manage and 

6 oversee the relocation and acquisition program of the Fed7 eral agency in accordance with this Act. 

8 ‘‘(b) INTERAGENCY AGREEMENTS.—Not later than 1 

9 year after the date of enactment of this section, each Fed10 eral agency responsible for funding relocation and acquisi11 tion activities (other than the agency serving as the lead 

12 agency) shall enter into a memorandum of understanding 

13 with the lead agency that— 

14 ‘‘(1) provides for periodic training of the per15 sonnel of the Federal agency, which in the case of 

16 a Federal agency that provides Federal financial as17 sistance, may include personnel of any displacing 

18 agency that receives Federal financial assistance; 

19 ‘‘(2) addresses ways in which the lead agency 

20 may provide assistance and coordination to the Fed21 eral agency relating to compliance with the Act on 

22 a program or project basis; and 

23 ‘‘(3) addresses the funding of the training, as24 sistance, and coordination activities provided by the 

25 lead agency, in accordance with subsection (c). 

26 ‘‘(c) INTERAGENCY PAYMENTS.— 


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1 ‘‘(1) IN GENERAL.—For the fiscal year that be2 gins 1 year after the date of enactment of this sec3 tion, and each fiscal year thereafter, each Federal 

4 agency responsible for funding relocation and acqui5 sition activities (other than the agency serving as the 

6 lead agency) shall transfer to the lead agency for the 

7 fiscal year, such funds as are necessary, but not less 

8 than $35,000, to support the training, assistance, 

9 and coordination activities of the lead agency de10 scribed in subsection (b). 

11 ‘‘(2) INCLUDED COSTS.—The cost to a Federal 

12 agency of providing the funds described in para13 graph (1) shall be included as part of the cost of 1 

14 or more programs or projects undertaken by the 

15 Federal agency or with Federal financial assistance 

16 that result in the displacement of persons or the ac17 quisition of real property.’’. 

18 (f) COOPERATION WITH FEDERAL AGENCIES.—Sec19 tion 308 of title 23, United States Code, is amended by 

20 striking subsection (a) and inserting the following: 

21 ‘‘(a) AUTHORIZED ACTIVITIES.— 

22 ‘‘(1) IN GENERAL.—The Secretary may per23 form, by contract or otherwise, authorized engineer24 ing or other services in connection with the survey, 

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1 ways for other Federal agencies, cooperating foreign 

2 countries, and State cooperating agencies. 

3 ‘‘(2) INCLUSIONS.—Services authorized under 

4 paragraph (1) may include activities authorized 

5 under section 214 of the Uniform Relocation Assist6 ance and Real Property Acquisition Policies Act of 

7 1970. 

8 ‘‘(3) REIMBURSEMENT.—Reimbursement for 

9 services carried out under this subsection (including 

10 depreciation on engineering and road-building equip11 ment) shall be credited to the applicable appropria12 tion.’’. 

13 (g) EFFECTIVE DATES.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the amendments made by this section 

16 shall take effect on the date of enactment of this 

17 Act. 

18 (2) EXCEPTION.—The amendments made by 

19 subsections (a) through (c) shall take effect 2 years 

20 after the date of enactment of this Act. 

21 SEC. 1515. USE OF YOUTH SERVICE AND CONSERVATION 

22 CORPS. 

23 (a) IN GENERAL.—The Secretary shall encourage the 

24 States and regional transportation planning agencies to 

25 enter into contracts and cooperative agreements with 


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1 Healthy Futures Corps under section 122(a)(2) of the Na2 tional and Community Service Act of 1990 (42 U.S.C. 

3 12572(a)(2)) or qualified urban youth corps (as defined 

4 in section 106(c) of the National and Community Service 

5 Trust Act of 1993 (42 U.S.C. 12656(c)) to perform— 

6 (1) appropriate projects eligible under sections 

7 162, 206, and 217 of title 23, United States Code; 

8 (2) appropriate transportation enhancement ac9 tivities (as defined in section 101(a) of such title); 

10 (3) appropriate transportation byway, trail, or 

11 bicycle and pedestrian projects under section 204 of 

12 such title; and 

13 (4) appropriate safe routes to school projects 

14 under section 1404 of the SAFETEA–LU (23 

15 U.S.C. 402 note; 119 Stat. 1228). 

16 (b) REQUIREMENTS.—Under any contract or cooper17 ative agreement entered into with a Healthy Futures 

18 Corps or qualified urban youth corps under this section, 

19 the Secretary— 

20 (1) shall establish the amount of a living allow21 ance or rate of pay for each participant in such 

22 corps— 

23 (A) at such amount or rate as is required 

24 under State law in a State with such a require25 ment; or 


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1 (B) for corps in a State not described in 

2 subparagraph (A), at such amount or rate as 

3 determined by the Secretary, not to exceed the 

4 maximum living allowance authorized by section 

5 140 of the National and Community Service 

6 Act of 1990 (42 U.S.C. 12594); and 

7 (2) shall not subject such corps to the require8 ments of section 112 of title 23, United States Code. 

9 SEC. 1516. CONSOLIDATION OF PROGRAMS; REPEAL OF OB10 SOLETE PROVISIONS. 

11 (a) CONSOLIDATION OF PROGRAMS.—From adminis12 trative funds made available under section 104(a) of title 

13 23, United States Code, not less than $10,000,000 for 

14 each fiscal year shall be made available for the following 

15 activities: 

16 (1) To carry out the operation lifesaver pro17 gram— 

18 (A) to provide public information and edu19 cation programs to help prevent and reduce 

20 motor vehicle accidents, injuries, and fatalities; 

21 and 

22 (B) to improve driver performance at rail23 way-highway crossings. 

24 (2) To operate the national work zone safety in25 formation clearinghouse authorized by section 


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1 358(b)(2) of the National Highway System Designa2 tion Act of 1995 (23 U.S.C. 401 note; 109 Stat. 

3 625) 

4 (3) To operate a public road safety clearing5 house in accordance with section 1411(a) of the 

6 SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 

7 1234). 

8 (4) To operate a bicycle and pedestrian safety 

9 clearinghouse in accordance with section 1411(b) of 

10 the SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 

11 1234). 

12 (5) To operate a national safe routes to school 

13 clearinghouse in accordance with section 1404(g) of 

14 the SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 

15 1229). 

16 (6) To provide work zone safety grants in ac17 cordance with subsections (a) and (b) of section 

18 1409 of the SAFETEA–LU (23 U.S.C. 401 note; 

19 119 Stat. 1232). 

20 (b) REPEALS.—Sections 105, 110, 117, 124, 147, 

21 151, 155, 160, and 303 of title 23, United States Code, 

22 are repealed. 

23 (c) CONFORMING AMENDMENTS.— 

24 (1) TITLE ANALYSIS.—The analysis for title 23, 

25 United States Code, is amended by striking the 


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1 items relating to sections 105, 110, 117, 124, 147, 

2 152, 155, 160, and 303 of that title. 

3 (2) SECTION 118.—Section 118 of such title is 

4 amended— 

5 (A) in subsection (b)— 

6 (i) by striking paragraph (1) and all 

7 that follows through the heading of para8 graph (2); and 

9 (ii) by striking ‘‘(other than for Inter10 state construction)’’; and 

11 (B) by striking subsection (c); and 

12 (C) by redesignating subsections (d) and 

13 (e) as subsections (c) and (d), respectively. 

14 (3) SECTION 130.—Section 130 of such title is 

15 amended— 

16 (A) by striking subsections (e) through (h); 

17 (B) by redesignating subsection (i) as sub18 section (e); 

19 (C) by striking subsections (j) and (k); 

20 (D) by redesignating subsection (l) as sub21 section (f); 

22 (E) in subsection (e) (as so redesignated) 

23 by striking ‘‘this section’’ the second place it 

24 appears and inserting ‘‘section 104(b)(3)’’; and 


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1 (F) in subsection (f) (as so redesignated) 

2 by striking paragraphs (3) and (4). 

3 (4) SECTION 142.—Section 142 of title 23, 

4 United States Code, is amended— 

5 (A) in subsection (a)— 

6 (i) in paragraph (1)— 

7 (I) by striking ‘‘motor vehicles 

8 (other than rail)’’ and inserting 

9 ‘‘buses’’; 

10 (II) by striking ‘‘(hereafter in 

11 this section referred to as ‘buses’)’’; 

12 (III) by striking ‘‘Federal-aid 

13 systems’’ and inserting ‘‘Federal-aid 

14 highways’’; and 

15 (IV) by striking ‘‘Federal-aid sys16 tem’’ and inserting ‘‘Federal-aid high17 way’’; and 

18 (ii) in paragraph (2)— 

19 (I) by striking ‘‘as a project on 

20 the the surface transportation pro21 gram for’’; and 

22 (II) by striking ‘‘section 

23 104(b)(3)’’ and inserting ‘‘section 

24 104(b)(2); 


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1 (B) in subsection (b) by striking 

2 ‘‘104(b)(4)’’ and inserting ‘‘104(b)(1)’’; 

3 (C) in subsection (c)— 

4 (i) by striking ‘‘system’’ in each place 

5 it appears and inserting ‘‘highway’’; and 

6 (ii) by striking ‘‘highway facilities’’ 

7 and inserting ‘‘highways eligible under the 

8 program that is the source of the funds’’; 

9 (D) in subsection (e)(2)— 

10 (i) by striking ‘‘Notwithstanding sec11 tion 209(f)(1) of the Highway Revenue Act 

12 of 1956, the Highway Trust Fund shall be 

13 available for making expenditures to meet 

14 obligations resulting from projects author15 ized by subsection (a)(2) of this section 

16 and such projects’’ and inserting ‘‘Projects 

17 authorized by subsection (a)(2)’’; and 

18 (ii) striking ‘‘on the surface transpor19 tation program’’ and inserting ‘‘under the 

20 transportation mobility program’’; and 

21 (E) in subsection (f) by striking ‘‘exits’’ 

22 and inserting ‘‘exists’’. 

23 (5) SECTION 145.—Section 145(b) of title 23, 

24 United States Code, is amended by striking ‘‘section 

25 117 of this title,’’. 


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1 (6) SECTION 322.—Section 322(h)(3) of title 

2 23, United States Code, is amended by striking 

3 ‘‘surface transportation program’’ and inserting ‘‘the 

4 transportation mobility program’’. 

5 SEC. 1517. RESCISSIONS. 

6 (a) FISCAL YEAR 2012.— 

7 (1) Not later than 30 days after the date of en8 actment of this Act, of the unobligated balances 

9 available under sections 144(f) and 320 of title 23, 

10 United States Code, section 147 of Public Law 95– 

11 599 (23 U.S.C. 144 note; 92 Stat. 2714), section 

12 9(c) of Public Law 97–134 (95 Stat. 1702), section 

13 149 of Public Law 100–17 (101 Stat. 181), sections 

14 1006, 1069, 1103, 1104, 1105, 1106, 1107, 1108, 

15 6005, 6015, and 6023 of Public Law 102–240 (105 

16 Stat. 1914), section 1602 of Public Law 105–178 

17 (112 Stat. 256), sections 1301, 1302, 1702, and 

18 1934 of Public Law 109–59 (119 Stat. 1144), and 

19 of other funds apportioned to each State under 

20 chapter 1 of title 23, United States Code, prior to 

21 the date of enactment of this Act, $2,391,000,000 

22 are permanently rescinded. 

23 (2) In administering the rescission required 

24 under this subsection, the Secretary shall allow each 

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1 scission to be drawn from the programs to which the 

2 rescission applies. 

3 (b) FISCAL YEAR 2013.— 

4 (1) On October 1, 2012, of the unobligated bal5 ances of funds apportioned or allocated on or before 

6 that date to each State under chapter 1 of title 23, 

7 United States Code, $3,054,000,000 are perma8 nently rescinded. 

9 (2) Notwithstanding section 1132 of the Energy 

10 Independence and Security Act of 2007 (Public Law 

11 110–140; 121 Stat. 1763), in administering the re12 scission required under this subsection, the Sec13 retary shall allow each State to determine the 

14 amount of the required rescission to be drawn from 

15 the programs to which the rescission applies. 

16 SEC. 1518. STATE AUTONOMY FOR CULVERT PIPE SELEC17 TION. 

18 Not later than 180 days after the date of enactment 

19 of this Act, the Secretary shall modify section 635.411 of 

20 title 23, Code of Federal Regulations (as in effect on the 

21 date of enactment of this Act), to ensure that States shall 

22 have the autonomy to determine culvert and storm sewer 

23 material types to be included in the construction of a 

24 project on a Federal-aid highway. 


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1 TITLE II—RESEARCH AND 

2 EDUCATION 

3 Subtitle A—Funding 

4 SEC. 2101. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) IN GENERAL.—The following amounts are au6 thorized to be appropriated out of the Highway Trust 

7 Fund (other than the Mass Transit Account): 

8 (1) HIGHWAY RESEARCH AND DEVELOPMENT

9 PROGRAM.—To carry out sections 503(b) and 509 of 

10 title 23, United States Code, $90,000,000 for each 

11 of fiscal years 2012 and 2013. 

12 (2) TECHNOLOGY AND INNOVATION DEPLOY13 MENT PROGRAM.—To carry out section 503(c) of 

14 title 23, United States Code, $90,000,000 for each 

15 of fiscal years 2012 and 2013. 

16 (3) TRAINING AND EDUCATION.—To carry out 

17 section 504 of title 23, United States Code, 

18 $24,000,000 for each of fiscal years 2012 and 2013. 

19 (4) INTELLIGENT TRANSPORTATION SYSTEMS

20 PROGRAM.—To carry out sections 512 through 518 

21 of title 23, United States Code, $100,000,000 for 

22 each of fiscal years 2012 and 2013. 

23 (5) UNIVERSITY TRANSPORTATION CENTERS

24 PROGRAM.—To carry out section 5505 of title 49, 


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1 United States Code, $70,000,000 for each of fiscal 

2 years 2012 and 2013. 

3 (6) BUREAU OF TRANSPORTATION STATIS4 TICS.—To carry out chapter 65 of title 49, United 

5 States Code, $26,000,000 for each of fiscal years 

6 2012 and 2013. 

7 (b) APPLICABILITY OF TITLE 23, UNITED STATES

8 CODE.—Funds authorized to be appropriated by sub9 section (a) shall— 

10 (1) be available for obligation in the same man11 ner as if those funds were apportioned under chap12 ter 1 of title 23, United States Code, except that the 

13 Federal share of the cost of a project or activity car14 ried out using those funds shall be 80 percent, un15 less otherwise expressly provided by this Act (includ16 ing the amendments by this Act) or otherwise deter17 mined by the Secretary; and 

18 (2) remain available until expended and not be 

19 transferable. 

20 Subtitle B—Research, Technology, 

21 and Education 

22 SEC. 2201. RESEARCH, TECHNOLOGY, AND EDUCATION. 

23 Section 501 of title 23, United States Code, is 

24 amended— 


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1 (1) by redesignating paragraph (2) as para2 graph (8); 

3 (2) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) INCIDENT.—The term ‘incident’ means a 

6 crash, natural disaster, workzone activity, special 

7 event, or other emergency road user occurrence that 

8 adversely affects or impedes the normal flow of traf9 fic. 

10 ‘‘(3) INNOVATION LIFECYCLE.—The term ‘inno11 vation lifecycle’ means the process of innovating 

12 through— 

13 ‘‘(A) the identification of a need; 

14 ‘‘(B) the establishment of the scope of re15 search to address that need; 

16 ‘‘(C) setting an agenda; 

17 ‘‘(D) carrying out research, development, 

18 deployment, and testing of the resulting tech19 nology or innovation; and 

20 ‘‘(E) carrying out an evaluation of the im21 pact of the resulting technology or innovation. 

22 ‘‘(4) INTELLIGENT TRANSPORTATION INFRA23 STRUCTURE.—The term ‘intelligent transportation 

24 infrastructure’ means fully integrated public sector 


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1 intelligent transportation system components, as de2 fined by the Secretary. 

3 ‘‘(5) INTELLIGENT TRANSPORTATION SYS4 TEM.—The terms ‘intelligent transportation system’ 

5 and ‘ITS’ mean electronics, photonics, communica6 tions, or information processing used singly or in 

7 combination to improve the efficiency or safety of a 

8 surface transportation system. 

9 ‘‘(6) NATIONAL ARCHITECTURE.—For purposes 

10 of this chapter, the term ‘national architecture’ 

11 means the common framework for interoperability 

12 that defines— 

13 ‘‘(A) the functions associated with intel14 ligent transportation system user services; 

15 ‘‘(B) the physical entities or subsystems 

16 within which the functions reside; 

17 ‘‘(C) the data interfaces and information 

18 flows between physical subsystems; and 

19 ‘‘(D) the communications requirements as20 sociated with the information flows. 

21 ‘‘(7) PROJECT.—The term ‘project’ means an 

22 undertaking to research, develop, or operationally 

23 test intelligent transportation systems or any other 

24 undertaking eligible for assistance under this chap25 ter.’’; and 


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1 (3) by inserting after paragraph (8) (as so re2 designated) the following: 

3 ‘‘(9) STANDARD.—The term ‘standard’ means a 

4 document that— 

5 ‘‘(A) contains technical specifications or 

6 other precise criteria for intelligent transpor7 tation systems that are to be used consistently 

8 as rules, guidelines, or definitions of character9 istics so as to ensure that materials, products, 

10 processes, and services are fit for the intended 

11 purposes of the materials, products, processes, 

12 and services; and 

13 ‘‘(B) may support the national architecture 

14 and promote— 

15 ‘‘(i) the widespread use and adoption 

16 of intelligent transportation system tech17 nology as a component of the surface 

18 transportation systems of the United 

19 States; and 

20 ‘‘(ii) interoperability among intelligent 

21 transportation system technologies imple22 mented throughout the States.’’. 


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1 SEC. 2202. SURFACE TRANSPORTATION RESEARCH, DEVEL2 OPMENT, AND TECHNOLOGY. 

3 (a) SURFACE TRANSPORTATION RESEARCH, DEVEL4 OPMENT, AND TECHNOLOGY.—Section 502 of title 23, 

5 United States Code, is amended— 

6 (1) in the section heading by inserting ‘‘, DE7 VELOPMENT, AND TECHNOLOGY’’ after ‘‘SUR8 FACE TRANSPORTATION RESEARCH’’; 

9 (2) in subsection (a)— 

10 (A) by redesignating paragraphs (1) 

11 through (8) as paragraphs (2) through (9), re12 spectively; 

13 (B) by inserting before paragraph (2) (as 

14 redesignated by subparagraph (A)) the fol15 lowing: 

16 ‘‘(1) APPLICABILITY.—The research, develop17 ment, and technology provisions of this section shall 

18 apply throughout this chapter.’’; 

19 (C) in paragraph (2) (as redesignated by 

20 subparagraph (A))— 

21 (i) by inserting ‘‘within the innovation 

22 lifecycle’’ after ‘‘activities’’; and 

23 (ii) by inserting ‘‘marketing and com24 munications, impact analysis,’’ after 

25 ‘‘training,’’; 


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1 (D) in paragraph (3) (as redesignated by 

2 subparagraph (A))— 

3 (i) in subparagraph (B) by striking 

4 ‘‘supports research in which there is a 

5 clear public benefit and’’ and inserting 

6 ‘‘delivers a clear public benefit and occurs 

7 where’’; 

8 (ii) in subparagraph (C) by striking 

9 ‘‘or’’ after the semicolon; 

10 (iii) by redesignating subparagraph 

11 (D) as subparagraph (H); and 

12 (iv) by inserting after subparagraph 

13 (C) the following: 

14 ‘‘(D) meets and addresses current or 

15 emerging needs; 

16 ‘‘(E) presents the best means to align re17 sources with multiyear plans and priorities; 

18 ‘‘(F) ensures the coordination of highway 

19 research and technology transfer activities, in20 cluding through activities performed by univer21 sity transportation centers; 

22 ‘‘(G) educates current and future transpor23 tation professionals; or’’; 


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1 (E) in paragraph (4) (as redesignated by 

2 subparagraph (A)) by striking subparagraphs 

3 (B) through (D) and inserting the following: 

4 ‘‘(B) partner with State highway agencies 

5 and other stakeholders as appropriate, includ6 ing international entities, to facilitate research 

7 and technology transfer activities; 

8 ‘‘(C) communicate the results of ongoing 

9 and completed research; 

10 ‘‘(D) lead efforts to coordinate national 

11 emphasis areas of highway research, technology, 

12 and innovation deployment; 

13 ‘‘(E) leverage partnerships with industry, 

14 academia, and international entities; and 

15 ‘‘(F) conduct, facilitate, and support train16 ing and education of current and future trans17 portation professionals.’’; 

18 (F) in paragraph (5)(C) (as redesignated 

19 by subparagraph (A)) by striking ‘‘policy and 

20 planning’’ and inserting ‘‘all highway objectives 

21 seeking to improve the performance of the 

22 transportation system’’; 

23 (G) in paragraph (6) (as redesignated by 

24 subparagraph (A)) in the second sentence, by 


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1 inserting ‘‘tribal governments,’’ after ‘‘local gov2 ernments,’’; and 

3 (H) in paragraph (8) (as redesignated by 

4 subparagraph (A))— 

5 (i) in the first sentence, by striking 

6 ‘‘To the maximum’’ and inserting the fol7 lowing: 

8 ‘‘(A) IN GENERAL.—To the maximum’’; 

9 (ii) in the second sentence, by striking 

10 ‘‘Performance measures’’ and inserting the 

11 following: 

12 ‘‘(B) PERFORMANCE MEASURES.—Per13 formance measures’’; 

14 (iii) in the third sentence, by striking 

15 ‘‘All evaluations’’ and inserting the fol16 lowing: 

17 ‘‘(D) AVAILABILITY OF EVALUATIONS.—All 

18 evaluations under this paragraph’’; and 

19 (iv) by inserting after subparagraph 

20 (B) the following: 

21 ‘‘(C) PROGRAM PLAN.—To the maximum 

22 extent practicable, each program pursued under 

23 this chapter shall be part of a data-driven, out24 come-oriented program plan.’’; 

25 (3) in subsection (b)— 


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1 (A) in paragraph (4) by striking ‘‘surface 

2 transportation research and technology develop3 ment strategic plan developed under section 

4 508’’ and inserting ‘‘the transportation research 

5 and development strategic plan of the Sec6 retary’’; 

7 (B) in paragraph (5) by striking ‘‘section’’ 

8 each place it appears and inserting ‘‘chapter’’; 

9 (C) in paragraph (6) by adding at the end 

10 the following: 

11 ‘‘(C) TRANSFER OF AMOUNTS AMONG

12 STATES OR TO FEDERAL HIGHWAY ADMINIS13 TRATION.—The Secretary may, at the request 

14 of a State, transfer amounts apportioned or al15 located to that State under this chapter to an16 other State or the Federal Highway Adminis17 tration to fund research, development, and tech18 nology transfer activities of mutual interest on 

19 a pooled funds basis. 

20 ‘‘(D) TRANSFER OF OBLIGATION AUTHOR21 ITY.—Obligation authority for amounts trans22 ferred under this subsection shall be disbursed 

23 in the same manner and for the same amount 

24 as provided for the project being transferred.’’; 

25 and 


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1 (D) by adding at the end the following: 

2 ‘‘(7) PRIZE COMPETITIONS.— 

3 ‘‘(A) IN GENERAL.—The Secretary may 

4 carry out prize competitions to award competi5 tive prizes for surface transportation innova6 tions that have the potential for application to 

7 the research and technology objectives and ac8 tivities of the Federal Highway Administration 

9 to improve system performance. 

10 ‘‘(B) REQUIREMENTS.— 

11 ‘‘(i) IN GENERAL.—The Secretary 

12 shall use a competitive process for the se13 lection of prize recipients and shall widely 

14 advertise and solicit participation in prize 

15 competitions under this paragraph. 

16 ‘‘(ii) REGISTRATION REQUIRED.—No 

17 individual or entity shall participate in a 

18 prize competition under this paragraph un19 less the individual or entity has registered 

20 with the Secretary in accordance with the 

21 eligibility requirements established by the 

22 Secretary under clause (iii). 

23 ‘‘(iii) MINIMUM REQUIREMENTS.—The 

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1 petition under this paragraph, which, at a 

2 minimum, shall— 

3 ‘‘(I) limit participation in the 

4 prize competition to— 

5 ‘‘(aa) individuals who are 

6 citizens of the United States; 

7 ‘‘(bb) entities organized or 

8 existing under the laws of the 

9 United States or of a State; and 

10 ‘‘(cc) entities organized or 

11 existing under the laws of a for12 eign country, if the controlling 

13 interest, as defined by the Sec14 retary, is held by an individual or 

15 entity described in item (aa) or 

16 (bb); 

17 ‘‘(II) require any individual or 

18 entity that registers for a prize com19 petition— 

20 ‘‘(aa) to assume all risks 

21 arising from participation in the 

22 competition; and 

23 ‘‘(bb) to waive all claims 

24 against the Federal Government 

25 for any damages arising out of 


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1 participation in the competition, 

2 including all claims, whether 

3 through negligence or otherwise, 

4 except in the case of willful mis5 conduct, for— 

6 ‘‘(AA) injury, death, 

7 damage, or loss of property; 

8 or 

9 ‘‘(BB) loss of revenue 

10 or profits, whether direct, 

11 indirect, or consequential; 

12 and 

13 ‘‘(III) require any individual or 

14 entity that registers for a prize com15 petition to waive all claims against 

16 any non-Federal entity operating or 

17 managing the prize competition, such 

18 as a private contractor managing 

19 competition activities, to the extent 

20 that the Secretary believes is nec21 essary to protect the interests of the 

22 Federal Government. 

23 ‘‘(C) RELATIONSHIP TO OTHER AUTHOR24 ITY.—The Secretary may exercise the authority 

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1 tion to, any other authority of the Secretary to 

2 acquire, support, or stimulate innovations with 

3 the potential for application to the Federal 

4 highway research technology and education pro5 gram.’’; 

6 (4) in subsection (c)— 

7 (A) in paragraph (3)(A)— 

8 (i) by striking ‘‘subsection’’ and in9 serting ‘‘chapter’’; and 

10 (ii) by striking ‘‘50’’ and inserting 

11 ‘‘80’’; and 

12 (B) in paragraph (4) by striking ‘‘sub13 section’’ and inserting ‘‘chapter’’; and 

14 (5) by striking subsections (d) through (j). 

15 (b) CONFORMING AMENDMENT.—The analysis for 

16 chapter 5 of title 23, United States Code, is amended by 

17 striking the item relating to section 502 and inserting the 

18 following: 

‘‘502. Surface transportation research, development, and technology.’’. 

19 SEC. 2203. RESEARCH AND TECHNOLOGY DEVELOPMENT 

20 AND DEPLOYMENT. 

21 (a) IN GENERAL.—Section 503 of title 23, United 

22 States Code, is amended to read as follows: 

23 ‘‘§ 503. Research and technology development and de24 ployment 

25 ‘‘(a) IN GENERAL.—The Secretary shall— 


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1 ‘‘(1) carry out research, development, and de2 ployment activities that encompass the entire inno3 vation lifecycle; and 

4 ‘‘(2) ensure that all research carried out under 

5 this section aligns with the transportation research 

6 and development strategic plan of the Secretary. 

7 ‘‘(b) HIGHWAY RESEARCH AND DEVELOPMENT PRO8 GRAM.— 

9 ‘‘(1) OBJECTIVES.—In carrying out the high10 way research and development program, the Sec11 retary, to address current and emerging highway 

12 transportation needs, shall— 

13 ‘‘(A) identify research topics; 

14 ‘‘(B) coordinate domestic and international 

15 research and development activities; 

16 ‘‘(C) carry out research, testing, and eval17 uation activities; and 

18 ‘‘(D) provide technology transfer and tech19 nical assistance. 

20 ‘‘(2) CONTENTS.—Research and development 

21 activities carried out under this section may include 

22 any of the following activities: 

23 ‘‘(A) IMPROVING HIGHWAY SAFETY.— 

24 ‘‘(i) IN GENERAL.—The Secretary 

25 shall carry out research and development 


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1 activities from an integrated perspective to 

2 establish and implement systematic meas3 ures to improve highway safety. 

4 ‘‘(ii) OBJECTIVES.—In carrying out 

5 this subparagraph the Secretary shall 

6 carry out research and development activi7 ties— 

8 ‘‘(I) to achieve greater long-term 

9 safety gains; 

10 ‘‘(II) to reduce the number of fa11 talities and serious injuries on public 

12 roads; 

13 ‘‘(III) to fill knowledge gaps that 

14 limit the effectiveness of research; 

15 ‘‘(IV) to support the development 

16 and implementation of State strategic 

17 highway safety plans; 

18 ‘‘(V) to advance improvements 

19 in, and use of, performance prediction 

20 analysis for decisionmaking; and 

21 ‘‘(VI) to expand technology 

22 transfer to partners and stakeholders. 

23 ‘‘(iii) CONTENTS.—Research and tech24 nology activities carried out under this 

25 subparagraph may include— 


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1 ‘‘(I) safety assessments and deci2 sionmaking tools; 

3 ‘‘(II) data collection and analysis; 

4 ‘‘(III) crash reduction projec5 tions; 

6 ‘‘(IV) low-cost safety counter7 measures; 

8 ‘‘(V) innovative operational im9 provements and designs of roadway 

10 and roadside features; 

11 ‘‘(VI) evaluation of counter12 measure costs and benefits; 

13 ‘‘(VII) development of tools for 

14 projecting impacts of safety counter15 measures; 

16 ‘‘(VIII) rural road safety meas17 ures; 

18 ‘‘(IX) safety measures for vulner19 able road users, including bicyclists 

20 and pedestrians; 

21 ‘‘(X) safety policy studies; 

22 ‘‘(XI) human factors studies and 

23 measures; 

24 ‘‘(XII) safety technology deploy25 ment; 


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1 ‘‘(XIII) safety workforce profes2 sional capacity building initiatives; 

3 ‘‘(XIV) safety program and proc4 ess improvements; and 

5 ‘‘(XV) tools and methods to en6 hance safety performance, including 

7 achievement of statewide safety per8 formance targets. 

9 ‘‘(B) IMPROVING INFRASTRUCTURE INTEG10 RITY.— 

11 ‘‘(i) IN GENERAL.—The Secretary 

12 shall carry out and facilitate highway in13 frastructure research and development ac14 tivities— 

15 ‘‘(I) to maintain infrastructure 

16 integrity; 

17 ‘‘(II) to meet user needs; and 

18 ‘‘(III) to link Federal transpor19 tation investments to improvements in 

20 system performance. 

21 ‘‘(ii) OBJECTIVES.—In carrying out 

22 this subparagraph, the Secretary shall 

23 carry out research and development activi24 ties— 


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1 ‘‘(I) to reduce the number of fa2 talities attributable to infrastructure 

3 design characteristics and work zones; 

4 ‘‘(II) to improve the safety and 

5 security of highway infrastructure; 

6 ‘‘(III) to increase the reliability 

7 of lifecycle performance predictions 

8 used in infrastructure design, con9 struction, and management; 

10 ‘‘(IV) to improve the ability of 

11 transportation agencies to deliver 

12 projects that meet expectations for 

13 timeliness, quality, and cost; 

14 ‘‘(V) to reduce user delay attrib15 utable to infrastructure system per16 formance, maintenance, rehabilitation, 

17 and construction; 

18 ‘‘(VI) to improve highway condi19 tion and performance through in20 creased use of design, materials, con21 struction, and maintenance innova22 tions; 

23 ‘‘(VII) to reduce the lifecycle en24 vironmental impacts of highway infra25 structure through innovations in deVerDate Mar 15 2010 00:52 Nov 08, 2011 Jkt 099200 PO 00000 Frm 00465 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.IS S1813

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1 sign, construction, operation, preser2 vation, and maintenance; and 

3 ‘‘(VIII) to study vulnerabilities of 

4 the transportation system to seismic 

5 activities and extreme events and 

6 methods to reduce those 

7 vulnerabilities. 

8 ‘‘(iii) CONTENTS.—Research and tech9 nology activities carried out under this 

10 subparagraph may include— 

11 ‘‘(I) long-term infrastructure per12 formance programs addressing pave13 ments, bridges, tunnels, and other 

14 structures; 

15 ‘‘(II) short-term and accelerated 

16 studies of infrastructure performance; 

17 ‘‘(III) research to develop more 

18 durable infrastructure materials and 

19 systems; 

20 ‘‘(IV) advanced infrastructure de21 sign methods; 

22 ‘‘(V) accelerated highway con23 struction; 

24 ‘‘(VI) performance-based speci25 fications; 


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1 ‘‘(VII) construction and materials 

2 quality assurance; 

3 ‘‘(VIII) comprehensive and inte4 grated infrastructure asset manage5 ment; 

6 ‘‘(IX) infrastructure safety assur7 ance; 

8 ‘‘(X) highway infrastructure se9 curity; 

10 ‘‘(XI) sustainable infrastructure 

11 design and construction; 

12 ‘‘(XII) infrastructure rehabilita13 tion and preservation techniques, in14 cluding techniques to rehabilitate and 

15 preserve historic infrastructure; 

16 ‘‘(XIII) hydraulic, geotechnical, 

17 and aerodynamic aspects of infra18 structure; 

19 ‘‘(XIV) improved highway con20 struction technologies and practices; 

21 ‘‘(XV) improved tools, tech22 nologies, and models for infrastruc23 ture management, including assess24 ment and monitoring of infrastructure 

25 condition; 


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1 ‘‘(XVI) studies to improve flexi2 bility and resiliency of infrastructure 

3 systems to withstand climate varia4 bility; 

5 ‘‘(XVII) studies of infrastructure 

6 resilience and other adaptation meas7 ures; and 

8 ‘‘(XVIII) maintenance of seismic 

9 research activities, including research 

10 carried out in conjunction with other 

11 Federal agencies to study the vulner12 ability of the transportation system to 

13 seismic activity and methods to reduce 

14 that vulnerability. 

15 ‘‘(iv) LIFECYCLE COSTS ANALYSIS

16 STUDY.— 

17 ‘‘(I) IN GENERAL.—In this 

18 clause, the term ‘lifecycle costs anal19 ysis’ means a process for evaluating 

20 the total economic worth of a usable 

21 project segment by analyzing initial 

22 costs and discounted future costs, 

23 such as maintenance, user, recon24 struction, rehabilitation, restoring, 


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1 and resurfacing costs, over the life of 

2 the project segment. 

3 ‘‘(II) STUDY.—The Comptroller 

4 General shall conduct a study of the 

5 best practices for calculating lifecycle 

6 costs for federally funded highway 

7 projects. At a minimum, this study 

8 shall include a thorough literature re9 view and a survey of current lifecycle 

10 cost practices of State departments of 

11 transportation. 

12 ‘‘(III) CONSULTATION.—In car13 rying out this study, the Comptroller 

14 shall consult with, at a minimum— 

15 ‘‘(aa) the American Associa16 tion of State Highway and 

17 Transportation Officials; 

18 ‘‘(bb) appropriate experts in 

19 the field of lifecycle cost analysis; 

20 and 

21 ‘‘(cc) appropriate industry 

22 experts and research centers. 

23 ‘‘(IV) REPORT.—Not later than 

24 1 year after the date of enactment of 

25 the MAP–21, the Comptroller General 


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1 shall submit to the Committee on En2 vironment and Public Works of the 

3 Senate and the Committee on Trans4 portation and Infrastructure of the 

5 House of Representatives a report on 

6 the results of the study which shall in7 clude, but is not limited to— 

8 ‘‘(aa) a summary of the lat9 est research on lifecycle cost 

10 analysis; and 

11 ‘‘(bb) recommendations on 

12 the appropriate— 

13 ‘‘(AA) period of anal14 ysis; 

15 ‘‘(BB) design period; 

16 ‘‘(CC) discount rates; 

17 and 

18 ‘‘(DD) use of actual 

19 material life and mainte20 nance cost data. 

21 ‘‘(C) STRENGTHENING TRANSPORTATION

22 PLANNING AND ENVIRONMENTAL DECISION23 MAKING.— 

24 ‘‘(i) IN GENERAL.—The Secretary 

25 shall carry out research— 


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1 ‘‘(I) to improve transportation 

2 planning and environmental decision3 making processes; and 

4 ‘‘(II) to minimize the impact of 

5 surface transportation on the environ6 ment and quality of life. 

7 ‘‘(ii) OBJECTIVES.—In carrying out 

8 this subparagraph the Secretary shall 

9 carry out research and development activi10 ties— 

11 ‘‘(I) to reduce the impact of high12 way infrastructure and operations on 

13 the natural and human environment; 

14 ‘‘(II) to advance improvements in 

15 environmental analyses and processes 

16 and context sensitive solutions for 

17 transportation decisionmaking; 

18 ‘‘(III) to improve construction 

19 techniques; 

20 ‘‘(IV) to accelerate construction 

21 to reduce congestion and related emis22 sions; 

23 ‘‘(V) to reduce the impact of 

24 highway runoff on the environment; 


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1 ‘‘(VI) to maintain sustainability 

2 of biological communities and eco3 systems adjacent to highway cor4 ridors; 

5 ‘‘(VII) to improve understanding 

6 and modeling of the factors that con7 tribute to the demand for transpor8 tation; 

9 ‘‘(VIII) to improve transportation 

10 planning decisionmaking and coordi11 nation; and 

12 ‘‘(IX) to reduce the environ13 mental impacts of freight movement. 

14 ‘‘(iii) CONTENTS.—Research and tech15 nology activities carried out under this 

16 subparagraph may include— 

17 ‘‘(I) creation of models and tools 

18 for evaluating transportation meas19 ures and transportation system de20 signs; 

21 ‘‘(II) congestion reduction ef22 forts; 

23 ‘‘(III) transportation planning in 

24 rural areas and small communities; 


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1 ‘‘(IV) improvement of State, 

2 local, and tribal capabilities relating 

3 to surface transportation planning 

4 and the environment; 

5 ‘‘(V) environmental stewardship 

6 and sustainability activities; 

7 ‘‘(VI) streamlining of project de8 livery processes; 

9 ‘‘(VII) development of effective 

10 strategies and techniques to analyze 

11 and minimize impacts to the natural 

12 and human environment and provide 

13 environmentally beneficial mitigation; 

14 ‘‘(VIII) comprehensive multi15 national planning; 

16 ‘‘(IX) multistate transportation 

17 corridor planning; 

18 ‘‘(X) improvement of transpor19 tation choices, including walking, bicy20 cling, and linkages to public transpor21 tation; 

22 ‘‘(XI) ecosystem sustainability; 

23 ‘‘(XII) wildlife and plant popu24 lation connectivity and interaction 

25 across and along highway corridors; 


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1 ‘‘(XIII) analysis, measurement, 

2 and reduction of air pollution from 

3 transportation sources; 

4 ‘‘(XIV) advancement in the un5 derstanding of health impact analyses 

6 in transportation planning and project 

7 development; 

8 ‘‘(XV) transportation planning 

9 professional development; 

10 ‘‘(XVI) research on improving 

11 the cooperation and integration of 

12 transportation planning with other re13 gional plans, including land use, en14 ergy, water infrastructure, and hous15 ing plans; and 

16 ‘‘(XVII) reducing the environ17 mental impacts of freight movement. 

18 ‘‘(D) REDUCING CONGESTION, IMPROVING

19 HIGHWAY OPERATIONS, AND ENHANCING

20 FREIGHT PRODUCTIVITY.— 

21 ‘‘(i) IN GENERAL.—The Secretary 

22 shall carry out research under this sub23 paragraph with the goals of— 

24 ‘‘(I) addressing congestion prob25 lems; 


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1 ‘‘(II) reducing the costs of con2 gestion; 

3 ‘‘(III) improving freight move4 ment; 

5 ‘‘(IV) increasing productivity; 

6 and 

7 ‘‘(V) improving the economic 

8 competitiveness of the United States. 

9 ‘‘(ii) OBJECTIVES.—In carrying out 

10 this subparagraph, the Secretary shall 

11 carry out research and development activi12 ties to identify, develop, and assess innova13 tions that have the potential— 

14 ‘‘(I) to reduce traffic congestion; 

15 ‘‘(II) to improve freight move16 ment; and 

17 ‘‘(III) to reduce freight-related 

18 congestion throughout the transpor19 tation network. 

20 ‘‘(iii) CONTENTS.—Research and tech21 nology activities carried out under this 

22 subparagraph may include— 

23 ‘‘(I) active traffic and demand 

24 management; 


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1 ‘‘(II) acceleration of the imple2 mentation of Intelligent Transpor3 tation Systems technology; 

4 ‘‘(III) advanced transportation 

5 concepts and analysis; 

6 ‘‘(IV) arterial management and 

7 traffic signal operation; 

8 ‘‘(V) congestion pricing; 

9 ‘‘(VI) corridor management; 

10 ‘‘(VII) emergency operations; 

11 ‘‘(VIII) research relating to ena12 bling technologies and applications; 

13 ‘‘(IX) freeway management; 

14 ‘‘(X) evaluation of enabling tech15 nologies; 

16 ‘‘(XI) freight industry profes17 sional development; 

18 ‘‘(XII) impacts of vehicle size 

19 and weight on congestion; 

20 ‘‘(XIII) freight operations and 

21 technology; 

22 ‘‘(XIV) operations and freight 

23 performance measurement and man24 agement; 


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1 ‘‘(XV) organization and planning 

2 for operations; 

3 ‘‘(XVI) planned special events 

4 management; 

5 ‘‘(XVII) real-time transportation 

6 information; 

7 ‘‘(XVIII) road weather manage8 ment; 

9 ‘‘(XIX) traffic and freight data 

10 and analysis tools; 

11 ‘‘(XX) traffic control devices; 

12 ‘‘(XXI) traffic incident manage13 ment; 

14 ‘‘(XXII) work zone management; 

15 ‘‘(XXIII) communication of trav16 el, roadway, and emergency informa17 tion to persons with disabilities; and 

18 ‘‘(XXIV) research on enhanced 

19 mode choice and intermodal 

20 connectivity. 

21 ‘‘(E) ASSESSING POLICY AND SYSTEM FI22 NANCING ALTERNATIVES.— 

23 ‘‘(i) IN GENERAL.—The Secretary 

24 shall carry out research and technology on 

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1 national transportation community from a 

2 policy perspective. 

3 ‘‘(ii) OBJECTIVES.—Research and 

4 technology activities carried out under this 

5 subparagraph shall provide information to 

6 policy and decisionmakers on current and 

7 emerging transportation issues. 

8 ‘‘(iii) RESEARCH ACTIVITIES.—Activi9 ties carried out under this subparagraph 

10 shall include— 

11 ‘‘(I) the planning and integration 

12 of a coordinated program related to 

13 the possible design, interoperability, 

14 and institutional roles of future sus15 tainable transportation revenue mech16 anisms; 

17 ‘‘(II) field trials to research po18 tential alternative revenue mecha19 nisms, and may partner with indi20 vidual States, groups of States, or 

21 other entities to implement such 

22 trials; and 

23 ‘‘(III) other activities to study 

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1 term solvency of the Highway Trust 

2 Fund. 

3 ‘‘(iv) CONTENTS.—Research and tech4 nology activities carried out under this 

5 subparagraph may include— 

6 ‘‘(I) highway needs and invest7 ment analysis; 

8 ‘‘(II) motor fuel tax evasion pro9 gram; 

10 ‘‘(III) advancing innovations in 

11 revenue generation, financing, and 

12 procurement for project delivery; 

13 ‘‘(IV) improving the accuracy of 

14 project cost analyses; 

15 ‘‘(V) highway performance meas16 urement; 

17 ‘‘(VI) travel demand performance 

18 measurement; 

19 ‘‘(VII) highway finance perform20 ance measurement; 

21 ‘‘(VIII) international technology 

22 exchange initiatives; 

23 ‘‘(IX) infrastructure investment 

24 needs reports; 


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1 ‘‘(X) promotion of the tech2 nologies, products, and best practices 

3 of the United States; and 

4 ‘‘(XI) establishment of partner5 ships among the United States, for6 eign agencies, and transportation ex7 perts. 

8 ‘‘(v) FUNDING.—Of the funds author9 ized to carry out this subsection, no less 

10 than 50 percent shall be used to carry out 

11 clause (iii). 

12 ‘‘(F) INFRASTRUCTURE INVESTMENT

13 NEEDS REPORT.— 

14 ‘‘(i) IN GENERAL.—Not later than 

15 July 31, 2012, and July 31 of every sec16 ond year thereafter, the Secretary shall 

17 submit to the Committee on Transpor18 tation and Infrastructure of the House of 

19 Representatives and the Committee on En20 vironment and Public Works of the Senate 

21 a report that describes estimates of the fu22 ture highway and bridge needs of the 

23 United States and the backlog of current 

24 highway and bridge needs. 


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1 ‘‘(ii) COMPARISONS.—Each report 

2 under clause (i) shall include all informa3 tion necessary to relate and compare the 

4 conditions and service measures used in 

5 the previous biennial reports to conditions 

6 and service measures used in the current 

7 report. 

8 ‘‘(iii) INCLUSIONS.—Each report 

9 under clause (i) shall provide recommenda10 tions to Congress on changes to the High11 way Performance Monitoring System that 

12 address— 

13 ‘‘(I) improvements to the quality 

14 and standardization of data collection 

15 on all functional classifications of 

16 Federal-aid highways for accurate sys17 tem length, lane length, and vehicle18 mile of travel; and 

19 ‘‘(II) changes to the reporting re20 quirements authorized under section 

21 315, to reflect recommendations 

22 under this paragraph for collection, 

23 storage, analysis, reporting, and dis24 play of data for Federal-aid highways 


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1 and, to the maximum extent practical, 

2 all public roads. 

3 ‘‘(G) EXPLORING NEXT GENERATION SO4 LUTIONS AND CAPITALIZING ON THE HIGHWAY

5 RESEARCH CENTER.— 

6 ‘‘(i) IN GENERAL.—The Secretary 

7 shall carry out research and development 

8 activities relating to exploratory advanced 

9 research— 

10 ‘‘(I) to leverage the targeted ca11 pabilities of the Turner-Fairbank 

12 Highway Research Center to develop 

13 technologies and innovations of na14 tional importance; and 

15 ‘‘(II) to develop potentially trans16 formational solutions to improve the 

17 durability, efficiency, environmental 

18 impact, productivity, and safety as19 pects of highway and intermodal 

20 transportation systems. 

21 ‘‘(ii) CONTENTS.—Research and tech22 nology activities carried out under this 

23 subparagraph may include— 


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1 ‘‘(I) long-term, high-risk research 

2 to improve the materials used in high3 way infrastructure; 

4 ‘‘(II) exploratory research to as5 sess the effects of transportation deci6 sions on human health; 

7 ‘‘(III) advanced development of 

8 surrogate measures for highway safe9 ty; 

10 ‘‘(IV) transformational research 

11 to affect complex environmental and 

12 highway system relationships; 

13 ‘‘(V) development of economical 

14 and environmentally sensitive designs, 

15 efficient and quality-controlled con16 struction practices, and durable mate17 rials; 

18 ‘‘(VI) development of advanced 

19 data acquisition techniques for system 

20 condition and performance moni21 toring; 

22 ‘‘(VII) inclusive research for 

23 hour-to-hour operational decision24 making and simulation forecasting; 


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1 ‘‘(VIII) understanding current 

2 and emerging phenomena to inform 

3 next generation transportation policy 

4 decisionmaking; and 

5 ‘‘(IX) continued improvement 

6 and advancement of the Turner7 Fairbank Highway Research Center. 

8 ‘‘(H) ALIGNING NATIONAL CHALLENGES

9 AND DISSEMINATING INFORMATION.— 

10 ‘‘(i) IN GENERAL.—The Secretary 

11 shall conduct research and development ac12 tivities— 

13 ‘‘(I) to establish a nationally co14 ordinated highway research agenda 

15 that— 

16 ‘‘(aa) focuses on topics of 

17 national significance; 

18 ‘‘(bb) addresses current gaps 

19 in research; 

20 ‘‘(cc) encourages collabora21 tion; 

22 ‘‘(dd) reduces unnecessary 

23 duplication of effort; and 

24 ‘‘(ee) accelerates innovation 

25 delivery; and 


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1 ‘‘(II) to provide relevant informa2 tion to researchers and highway and 

3 transportation practitioners to im4 prove the performance of the trans5 portation system. 

6 ‘‘(ii) CONTENTS.—Research and tech7 nology activities carried out under this 

8 subparagraph may include— 

9 ‘‘(I) coordination, development, 

10 and implementation of a national 

11 highway research agenda; 

12 ‘‘(II) collaboration on national 

13 emphasis areas of highway research 

14 and coordination among international, 

15 Federal, State, and university re16 search programs; 

17 ‘‘(III) development and delivery 

18 of research reports and innovation de19 livery messages; 

20 ‘‘(IV) identification of market21 ready technologies and innovations; 

22 and 

23 ‘‘(V) provision of access to data 

24 developed under this subparagraph to 

25 the public, including researchers, 


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1 stakeholders, and customers, through 

2 a publicly accessible Internet site. 

3 ‘‘(c) TECHNOLOGY AND INNOVATION DEPLOYMENT

4 PROGRAM.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall carry 

6 out a technology and innovation deployment pro7 gram relating to all aspects of highway transpor8 tation, including planning, financing, operation, 

9 structures, materials, pavements, environment, con10 struction, and the duration of time between project 

11 planning and project delivery, with the goals of— 

12 ‘‘(A) significantly accelerating the adoption 

13 of innovative technologies by the surface trans14 portation community; 

15 ‘‘(B) providing leadership and incentives to 

16 demonstrate and promote state-of-the-art tech17 nologies, elevated performance standards, and 

18 new business practices in highway construction 

19 processes that result in improved safety, faster 

20 construction, reduced congestion from construc21 tion, and improved quality and user satisfac22 tion; 

23 ‘‘(C) constructing longer-lasting highways 

24 through the use of innovative technologies and 


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1 practices that lead to faster construction of effi2 cient and safe highways and bridges; 

3 ‘‘(D) improving highway efficiency, safety, 

4 mobility, reliability, service life, environmental 

5 protection, and sustainability; and 

6 ‘‘(E) developing and deploying new tools, 

7 techniques, and practices to accelerate the 

8 adoption of innovation in all aspects of highway 

9 transportation. 

10 ‘‘(2) IMPLEMENTATION.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 promote, facilitate, and carry out the program 

13 established under paragraph (1) to distribute 

14 the products, technologies, tools, methods, or 

15 other findings that result from highway re16 search and development activities, including re17 search and development activities carried out 

18 under this chapter. 

19 ‘‘(B) ACCELERATED INNOVATION DEPLOY20 MENT.—In carrying out the program estab21 lished under paragraph (1), the Secretary 

22 shall— 

23 ‘‘(i) establish and carry out dem24 onstration programs; 


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1 ‘‘(ii) provide incentives, technical as2 sistance, and training to researchers and 

3 developers; and 

4 ‘‘(iii) develop improved tools and 

5 methods to accelerate the adoption of prov6 en innovative practices and technologies as 

7 standard practices. 

8 ‘‘(C) IMPLEMENTATION OF FUTURE STRA9 TEGIC HIGHWAY RESEARCH PROGRAM FINDINGS

10 AND RESULTS.— 

11 ‘‘(i) IN GENERAL.—The Secretary, in 

12 consultation with the American Association 

13 of State Highway and Transportation Offi14 cials and the Transportation Research 

15 Board of the National Academy of 

16 Sciences, shall implement the findings and 

17 recommendations developed under the fu18 ture strategic highway research program 

19 established under section 510. 

20 ‘‘(ii) BASIS FOR FINDINGS.—The ac21 tivities carried out under this subpara22 graph shall be based on the report sub23 mitted to Congress by the Transportation 

24 Research Board of the National Academy 

25 of Sciences under section 510(e). 


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1 ‘‘(iii) PERSONNEL.—The Secretary 

2 may use funds made available to carry out 

3 this subsection for administrative costs 

4 under this subparagraph, which funds shall 

5 be used in addition to any other funds 

6 made available for that purpose. 

7 ‘‘(iv) FEES.— 

8 ‘‘(I) IN GENERAL.—The Sec9 retary may impose and collect fees to 

10 recover costs associated with special 

11 data or analysis requests relating to 

12 safety naturalistic driving databases 

13 developed under the future of stra14 tegic highway research program. 

15 ‘‘(II) USE OF FEE AMOUNTS.— 

16 ‘‘(aa) IN GENERAL.—Any 

17 fees collected under this clause 

18 shall be made available to the 

19 Secretary to carry out this sec20 tion and shall remain available 

21 for expenditure until expended. 

22 ‘‘(bb) SUPPLEMENT, NOT

23 SUPPLANT.—Any fee amounts 

24 collected under this clause shall 

25 supplement, but not supplant, 


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1 amounts made available to the 

2 Secretary to carry out this title.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis for 

4 chapter 5 of title 23, United States Code, is amended by 

5 striking the item relating to section 503 and inserting the 

6 following: 

‘‘503. Research and technology development and deployment.’’. 

7 SEC. 2204. TRAINING AND EDUCATION. 

8 Section 504 of title 23, United States Code, is 

9 amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (2)(A) by inserting ‘‘and 

12 the employees of any other applicable Federal 

13 agency’’ before the semicolon at the end; 

14 (B) in paragraph (3)(A)(ii)(V) by striking 

15 ‘‘expediting’’ and inserting ‘‘reducing the 

16 amount of time required for’’; 

17 (C) by striking paragraph (4); 

18 (D) by redesignating paragraphs (5) 

19 through (8) as paragraphs (4) through (7), re20 spectively; and 

21 (E) in paragraph (7) (as redesignated by 

22 subparagraph (D)) by striking ‘‘paragraph (7)’’ 

23 and inserting ‘‘paragraph (6)’’; 

24 (2) in subsection (b) by striking paragraph (3) 

25 and inserting the following: 


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1 ‘‘(3) FEDERAL SHARE.— 

2 ‘‘(A) LOCAL TECHNICAL ASSISTANCE CEN3 TERS.— 

4 ‘‘(i) IN GENERAL.—Subject to sub5 paragraph (B), the Federal share of the 

6 cost of an activity carried out by a local 

7 technical assistance center under para8 graphs (1) and (2) shall be 50 percent. 

9 ‘‘(ii) NON-FEDERAL SHARE.—The 

10 non-Federal share of the cost of an activity 

11 described in clause (i) may consist of 

12 amounts provided to a recipient under sub13 section (e) or section 505, up to 100 per14 cent of the non-Federal share. 

15 ‘‘(B) TRIBAL TECHNICAL ASSISTANCE

16 CENTERS.—The Federal share of the cost of an 

17 activity carried out by a tribal technical assist18 ance center under paragraph (2)(D)(ii) shall be 

19 100 percent.’’; 

20 (3) in subsection (c)(2)— 

21 (A) by striking ‘‘The Secretary’’ and in22 serting the following: 

23 ‘‘(A) IN GENERAL.—The Secretary’’; 


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1 (B) in subparagraph (A) (as designated by 

2 subparagraph (A)) by striking ‘‘. The program’’ 

3 and inserting ‘‘, which program’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(B) USE OF AMOUNTS.—Amounts pro6 vided to institutions of higher education to 

7 carry out this paragraph shall be used to pro8 vide direct support of student expenses.’’; 

9 (4) in subsection (e)(1)— 

10 (A) in the matter preceding subparagraph 

11 (A) by striking ‘‘sections 104(b)(1), 104(b)(2), 

12 104(b)(3), 104(b)(4), and 144(e)’’ and insert13 ing ‘‘paragraphs (1) through (4) of section 

14 104(b)’’; 

15 (B) in subparagraph (D) by striking ‘‘and’’ 

16 at the end; 

17 (C) in subparagraph (E) by striking the 

18 period and inserting a semicolon; and 

19 (D) by adding at the end the following: 

20 ‘‘(F) meetings of transportation profes21 sionals that include education and professional 

22 development activities; 

23 ‘‘(G) activities carried out by the National 

24 Highway Institute under subsection (a); and 


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1 ‘‘(H) local technical assistance programs 

2 under subsection (b).’’; 

3 (5) in subsection (f) in the heading, by striking 

4 ‘‘PILOT’’; 

5 (6) in subsection (g)(4)(F) by striking ‘‘excel6 lence’’ and inserting ‘‘stewardship’’; and 

7 (7) by adding at the end the following: 

8 ‘‘(h) REGIONAL SURFACE WORKFORCE DEVELOP9 MENT CENTERS.— 

10 ‘‘(1) IN GENERAL.—The Secretary may make 

11 grants under this section to nonprofit institutions of 

12 higher education to establish and operate 5 regional 

13 workforce development centers. 

14 ‘‘(2) USE OF AMOUNTS.— 

15 ‘‘(A) IN GENERAL.—Amounts made avail16 able under this subsection shall be used by a re17 cipient to identify, promote, and advance pro18 grams and activities that provide for a skilled, 

19 technically competent surface transportation 

20 workforce, including— 

21 ‘‘(i) programs carried out through ele22 mentary and secondary schools; 

23 ‘‘(ii) programs carried out through 

24 community colleges; and 


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1 ‘‘(iii) technical training and appren2 ticeship programs that are carried out in 

3 coordination with labor organizations, em4 ployers, and other relevant stakeholders. 

5 ‘‘(B) OPTIONAL USE.—Amounts made 

6 available under this subsection may be used to 

7 support professional development activities for 

8 inservice transportation workers. 

9 ‘‘(3) CONSULTATION.—In carrying out this sub10 section, each regional workforce development center 

11 shall consult with stakeholders in the education and 

12 transportation communities, including organizations 

13 representing the interests of— 

14 ‘‘(A) elementary and secondary schools; 

15 ‘‘(B) institutions of higher education; 

16 ‘‘(C) inservice transportation workers; and 

17 ‘‘(D) transportation professionals. 

18 ‘‘(i) CENTERS FOR SURFACE TRANSPORTATION EX19 CELLENCE.— 

20 ‘‘(1) IN GENERAL.—The Secretary may make 

21 grants under this section to establish and maintain 

22 centers for surface transportation excellence. 

23 ‘‘(2) GOALS.—The goals of a center referred to 

24 in paragraph (1) shall be to promote and support 

25 strategic national surface transportation programs 


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1 and activities relating to the work of State depart2 ments of transportation in the areas of environment, 

3 surface transportation safety, rural safety, and 

4 project finance.’’. 

5 SEC. 2205. STATE PLANNING AND RESEARCH. 

6 Section 505 of title 23, United States Code, is 

7 amended— 

8 (1) in subsection (a)— 

9 (A) in the matter preceding paragraph (1) 

10 by striking ‘‘section 104 (other than sections 

11 104(f) and 104(h)) and under section 144’’ and 

12 inserting ‘‘paragraphs (1) through (5) of sec13 tion 104(b)’’; and 

14 (B) in paragraph (3) by striking ‘‘under 

15 section 303’’ and inserting ‘‘, plans, and proc16 esses under sections 119, 148, 149, and 167’’; 

17 (2) in subsection (b)— 

18 (A) in paragraph (1) by striking ‘‘25’’ and 

19 inserting ‘‘24’’; and 

20 (B) in paragraph (2) by striking ‘‘75 per21 cent of the funds described in paragraph (1)’’ 

22 and inserting ‘‘70 percent of the funds de23 scribed in subsection (a)’’; 

24 (3) by redesignating subsections (c) and (d) as 

25 subsections (d) and (e), respectively; 


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1 (4) by inserting after subsection (b) the fol2 lowing: 

3 ‘‘(c) IMPLEMENTATION OF FUTURE STRATEGIC

4 HIGHWAY RESEARCH PROGRAM FINDINGS AND RE5 SULTS.— 

6 ‘‘(1) Not less than 6 percent of the funds sub7 ject to subsection (a) that are apportioned to a State 

8 for a fiscal year shall be made available to the Sec9 retary to carry out section 503(c)(2)(C). 

10 ‘‘(2) Funds expended under paragraph (1) shall 

11 not be considered to be part of the extramural budg12 et of the agency for the purpose of section 9 of the 

13 Small Business Act (15 U.S.C. 638).’’; and 

14 (5) in paragraph (e) (as so redesignated) by 

15 striking ‘‘section 118(b)(2)’’ and inserting ‘‘section 

16 118(b)’’. 

17 SEC. 2206. INTERNATIONAL HIGHWAY TRANSPORTATION 

18 PROGRAM. 

19 Section 506 of title 23, United States Code, is re20 pealed. 

21 SEC. 2207. SURFACE TRANSPORTATION ENVIRONMENTAL 

22 COOPERATIVE RESEARCH PROGRAM. 

23 Section 507 of title 23, United States Code, is re24 pealed. 


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1 SEC. 2208. NATIONAL COOPERATIVE FREIGHT RESEARCH. 

2 Section 509(d) of title 23, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘(6) COORDINATION OF COOPERATIVE RE5 SEARCH.—The National Academy of Sciences shall 

6 coordinate research agendas, research project selec7 tions, and competitions across all transportation-re8 lated cooperative research programs carried out by 

9 the National Academy of Sciences to ensure pro10 gram efficiency, effectiveness, and the dissemination 

11 of research findings.’’. 

12 SEC. 2209. UNIVERSITY TRANSPORTATION CENTERS PRO13 GRAM. 

14 (a) IN GENERAL.—Section 5505 of title 49, United 

15 States Code, is amended to read as follows: 

16 ‘‘§ 5505. University transportation centers program 

17 ‘‘(a) UNIVERSITY TRANSPORTATION CENTERS PRO18 GRAM.— 

19 ‘‘(1) ESTABLISHMENT AND OPERATION.—The 

20 Secretary shall make grants under this section to eli21 gible nonprofit institutions of higher education to es22 tablish and operate university transportation cen23 ters. 

24 ‘‘(2) ROLE OF CENTERS.—The role of each uni25 versity transportation center referred to in para26 graph (1) shall be— 


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1 ‘‘(A) to advance transportation expertise 

2 and technology in the varied disciplines that 

3 comprise the field of transportation through 

4 education, research, and technology transfer ac5 tivities; 

6 ‘‘(B) to provide for a critical transpor7 tation knowledge base outside of the Depart8 ment of Transportation; and 

9 ‘‘(C) to address critical workforce needs 

10 and educate the next generation of transpor11 tation leaders. 

12 ‘‘(b) COMPETITIVE SELECTION PROCESS.— 

13 ‘‘(1) APPLICATIONS.—To receive a grant under 

14 this section, a nonprofit institution of higher edu15 cation shall submit to the Secretary an application 

16 that is in such form and contains such information 

17 as the Secretary may require. 

18 ‘‘(2) GENERAL SELECTION CRITERIA.— 

19 ‘‘(A) IN GENERAL.—Except as otherwise 

20 provided by this section, the Secretary shall 

21 award grants under this section in nonexclusive 

22 candidate topic areas established by the Sec23 retary that address the research priorities iden24 tified in section 503 of title 23. 


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1 ‘‘(B) CRITERIA.—The Secretary, in con2 junction with the Administrators of the Federal 

3 Highway Administration and the Federal Tran4 sit Administration, shall select each recipient of 

5 a grant under this section through a competi6 tive process based on the assessment of the Sec7 retary relating to— 

8 ‘‘(i) the demonstrated ability of the 

9 recipient to address each specific topic area 

10 described in the research and strategic 

11 plans of the recipient; 

12 ‘‘(ii) the demonstrated research, tech13 nology transfer, and education resources 

14 available to the recipient to carry out this 

15 section; 

16 ‘‘(iii) the ability of the recipient to 

17 provide leadership in solving immediate 

18 and long-range national and regional 

19 transportation problems; 

20 ‘‘(iv) the ability of the recipient to 

21 carry out research, education, and tech22 nology transfer activities that are 

23 multimodal and multidisciplinary in scope; 

24 ‘‘(v) the demonstrated commitment of 

25 the recipient to carry out transportation 


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1 workforce development programs 

2 through— 

3 ‘‘(I) degree-granting programs; 

4 ‘‘(II) training seminars for prac5 ticing professionals; 

6 ‘‘(III) outreach activities to at7 tract new entrants into the transpor8 tation field, including women, minori9 ties, and persons from disadvantaged 

10 communities; and 

11 ‘‘(IV) primary and secondary 

12 school transportation workforce out13 reach; 

14 ‘‘(vi) the demonstrated ability of the 

15 recipient to disseminate results and spur 

16 the implementation of transportation re17 search and education programs through 

18 national or statewide continuing education 

19 programs; 

20 ‘‘(vii) the demonstrated commitment 

21 of the recipient to the use of peer review 

22 principles and other research best practices 

23 in the selection, management, and dissemi24 nation of research projects; 


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1 ‘‘(viii) the strategic plan submitted by 

2 the recipient describing the proposed re3 search to be carried out by the recipient 

4 and the performance metrics to be used in 

5 assessing the performance of the recipient 

6 in meeting the stated research, technology 

7 transfer, education, and outreach goals; 

8 and 

9 ‘‘(ix) the ability of the recipient to im10 plement the proposed program in a cost-ef11 ficient manner, such as through cost shar12 ing and overall reduced overhead, facilities, 

13 and administrative costs. 

14 ‘‘(c) GRANTS.— 

15 ‘‘(1) IN GENERAL.—Not later than 1 year after 

16 the date of enactment of the MAP–21, the Sec17 retary, in conjunction with the Administrators of the 

18 Federal Highway Administration and the Federal 

19 Transit Administration, shall select grant recipients 

20 under subsection (b) and make grant amounts avail21 able to the selected recipients. 

22 ‘‘(2) TIER 1 UNIVERSITY TRANSPORTATION

23 CENTERS.— 

24 ‘‘(A) IN GENERAL.—For each of fiscal 

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1 graph (B), the Secretary shall provide grants to 

2 not more than 15 recipients that the Secretary 

3 determines best meet the criteria described in 

4 subsection (b)(2). 

5 ‘‘(B) RESTRICTIONS.— 

6 ‘‘(i) IN GENERAL.—For each fiscal 

7 year, a grant made available under this 

8 paragraph shall not exceed $3,500,000 per 

9 recipient. 

10 ‘‘(ii) FOCUSED RESEARCH.—At least 

11 2 of the recipients awarded a grant under 

12 this paragraph shall have expertise in, and 

13 focus research on, public transportation 

14 issues. 

15 ‘‘(C) MATCHING REQUIREMENT.— 

16 ‘‘(i) IN GENERAL.—As a condition of 

17 receiving a grant under this paragraph, a 

18 grant recipient shall match 100 percent of 

19 the amounts made available under the 

20 grant. 

21 ‘‘(ii) SOURCES.—The matching 

22 amounts referred to in clause (i) may in23 clude amounts made available to the recipi24 ent under— 


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1 ‘‘(I) section 504(b) or 505 of title 

2 23; and 

3 ‘‘(II) subject to prior approval by 

4 the Secretary, a transportation-related 

5 grant from the National Science 

6 Foundation. 

7 ‘‘(3) TIER 2 UNIVERSITY TRANSPORTATION

8 CENTERS.— 

9 ‘‘(A) IN GENERAL.—For each of fiscal 

10 years 2012 and 2013, the Secretary shall pro11 vide grants of not more than $2,000,000 each 

12 to not more than 20 recipients to carry out this 

13 section. 

14 ‘‘(B) RESTRICTION.—A grant recipient 

15 under paragraph (2) shall not be eligible to re16 ceive a grant under this paragraph. 

17 ‘‘(C) MATCHING REQUIREMENT.— 

18 ‘‘(i) IN GENERAL.—As a condition of 

19 receiving a grant under this paragraph, a 

20 grant recipient shall match 50 percent of 

21 the amounts made available under the 

22 grant. 

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1 clude amounts made available to the recipi2 ent under— 

3 ‘‘(I) section 504(b) or 505 of title 

4 23; and 

5 ‘‘(II) subject to prior approval by 

6 the Secretary, a transportation-related 

7 grant from the National Science 

8 Foundation. 

9 ‘‘(D) FOCUSED RESEARCH.—In awarding 

10 grants under this paragraph, consideration shall 

11 be given to minority institutions, as defined by 

12 section 365(3) of the Higher Education Act (20 

13 U.S.C. Sec. 1067k), or consortia that include 

14 such institutions that have demonstrated an 

15 ability in transportation-related research and 

16 for which the requirements of subparagraph 

17 (c)(3)(C) shall not apply upon demonstration of 

18 financial hardship by the applicant institution. 

19 ‘‘(d) PROGRAM COORDINATION.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall— 

21 ‘‘(A) coordinate the research, education, 

22 and technology transfer activities carried out by 

23 grant recipients under this section; and 


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1 ‘‘(B) disseminate the results of that re2 search through the establishment and operation 

3 of an information clearinghouse. 

4 ‘‘(2) ANNUAL REVIEW AND EVALUATION.—Not 

5 less frequently than annually, and consistent with 

6 the plan developed under section 508 of title 23, the 

7 Secretary shall review and evaluate the programs 

8 carried out under this section by grant recipients. 

9 ‘‘(3) PROGRAM EVALUATION AND OVER10 SIGHT.—For each of fiscal years 2012 and 2013, the 

Secretary shall expend not more than 11 11 ⁄2 percent of 

12 the amounts made available to the Secretary to 

13 carry out this section for any coordination, evalua14 tion, and oversight activities of the Secretary under 

15 this section and section 5506. 

16 ‘‘(e) LIMITATION ON AVAILABILITY OF AMOUNTS.— 

17 Amounts made available to the Secretary to carry out this 

18 section shall remain available for obligation by the Sec19 retary for a period of 3 years after the last day of the 

20 fiscal year for which the amounts are appropriated. 

21 ‘‘(f) INFORMATION COLLECTION.—Any survey, ques22 tionnaire, or interview that the Secretary determines to 

23 be necessary to carry out reporting requirements relating 

24 to any program assessment or evaluation activity under 


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1 this section, including customer satisfaction assessments, 

2 shall not be subject to chapter 35 of title 44.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis for 

4 chapter 55 of title 49, United States Code, is amended 

5 by striking the item relating to section 5505 and inserting 

6 the following: 

‘‘Sec. 5505. University transportation centers program.’’. 

7 SEC. 2210. BUREAU OF TRANSPORTATION STATISTICS. 

8 (a) IN GENERAL.—Subtitle III of title 49, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘CHAPTER 63—BUREAU OF 

12 TRANSPORTATION STATISTICS 

‘‘6301. Definitions. 

‘‘6302. Bureau of Transportation Statistics. 

‘‘6303. Intermodal transportation database. 

‘‘6304. National transportation library. 

‘‘6305. Advisory council on transportation statistics. 

‘‘6306. Transportation statistical collection, analysis, and dissemination. 

‘‘6307. Furnishing of information, data, or reports by Federal agencies. 

‘‘6308. Proceeds of data product sales. 

‘‘6309. Information collection. 

‘‘6310. National transportation atlas database. 

‘‘6311. Limitations on statutory construction. 

‘‘6312. Research and development grants. 

‘‘6313. Transportation statistics annual report. 

‘‘6314. Mandatory response authority for freight data collection. 

13 ‘‘§ 6301. Definitions. 

14 ‘‘In this chapter, the following definitions apply: 

15 ‘‘(1) BUREAU.—The term ‘Bureau’ means the 

16 Bureau of Transportation Statistics established by 

17 section 6302(a). 


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1 ‘‘(2) DEPARTMENT.—The term ‘Department’ 

2 means the Department of Transportation. 

3 ‘‘(3) DIRECTOR.—The term ‘Director’ means 

4 the Director of the Bureau. 

5 ‘‘(4) LIBRARY.—The term ‘Library’ means the 

6 National Transportation Library established by sec7 tion 6304(a). 

8 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

9 the Secretary of Transportation. 

10 ‘‘§ 6302. Bureau of Transportation Statistics. 

11 ‘‘(a) ESTABLISHMENT.—There is established in the 

12 Research and Innovative Technology Administration the 

13 Bureau of Transportation Statistics. 

14 ‘‘(b) DIRECTOR.— 

15 ‘‘(1) APPOINTMENT.—The Bureau shall be 

16 headed by a Director, who shall be appointed in the 

17 competitive service by the Secretary. 

18 ‘‘(2) QUALIFICATIONS.—The Director shall be 

19 appointed from among individuals who are qualified 

20 to serve as the Director by virtue of training and ex21 perience in the collection, analysis, and use of trans22 portation statistics. 

23 ‘‘(3) DUTIES.— 

24 ‘‘(A) IN GENERAL.—The Director shall— 


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1 ‘‘(i) serve as the senior advisor to the 

2 Secretary on data and statistics; and 

3 ‘‘(ii) be responsible for carrying out 

4 the duties described in subparagraph (B). 

5 ‘‘(B) DUTIES.—The Director shall— 

6 ‘‘(i) ensure that the statistics com7 piled under clause (vi) are designed to sup8 port transportation decisionmaking by— 

9 ‘‘(I) the Federal Government; 

10 ‘‘(II) State and local govern11 ments; 

12 ‘‘(III) metropolitan planning or13 ganizations; 

14 ‘‘(IV) transportation-related asso15 ciations; 

16 ‘‘(V) the private sector, including 

17 the freight community; and 

18 ‘‘(VI) the public; 

19 ‘‘(ii) establish on behalf of the Sec20 retary a program— 

21 ‘‘(I) to effectively integrate safety 

22 data across modes; and 

23 ‘‘(II) to address gaps in existing 

24 Department safety data programs; 


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1 ‘‘(iii) work with the operating admin2 istrations of the Department— 

3 ‘‘(I) to establish and implement 

4 the data programs of the Bureau; and 

5 ‘‘(II) to improve the coordination 

6 of information collection efforts with 

7 other Federal agencies; 

8 ‘‘(iv) evaluate and update as nec9 essary surveys and data collection methods 

10 of the Department on a continual basis to 

11 improve the accuracy and utility of trans12 portation statistics; 

13 ‘‘(v) encourage the standardization of 

14 data, data collection methods, and data 

15 management and storage technologies for 

16 data collected by— 

17 ‘‘(I) the Bureau; 

18 ‘‘(II) the operating administra19 tions of the Department; 

20 ‘‘(III) State and local govern21 ments; 

22 ‘‘(IV) metropolitan planning or23 ganizations; and 

24 ‘‘(V) private sector entities; 


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1 ‘‘(vi) collect, compile, analyze, and 

2 publish a comprehensive set of transpor3 tation statistics on the performance and 

4 impacts of the national transportation sys5 tem, including statistics on— 

6 ‘‘(I) transportation safety across 

7 all modes and intermodally; 

8 ‘‘(II) the state of good repair of 

9 United States transportation infra10 structure; 

11 ‘‘(III) the extent, connectivity, 

12 and condition of the transportation 

13 system, building on the national 

14 transportation atlas database devel15 oped under section 6310; 

16 ‘‘(IV) economic efficiency across 

17 the entire transportation sector; 

18 ‘‘(V) the effects of the transpor19 tation system on global and domestic 

20 economic competitiveness; 

21 ‘‘(VI) demographic, economic, 

22 and other variables influencing travel 

23 behavior, including choice of transpor24 tation mode and goods movement; 


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1 ‘‘(VII) transportation-related 

2 variables that influence the domestic 

3 economy and global competitiveness; 

4 ‘‘(VIII) economic costs and im5 pacts for passenger travel and freight 

6 movement; 

7 ‘‘(IX) intermodal and multimodal 

8 passenger movement; 

9 ‘‘(X) intermodal and multimodal 

10 freight movement; and 

11 ‘‘(XI) consequences of transpor12 tation for the human and natural en13 vironment; 

14 ‘‘(vii) build and disseminate the trans15 portation layer of the National Spatial 

16 Data Infrastructure developed under Exec17 utive Order 12906 (59 Fed. Reg. 17671) 

18 (or a successor Executive Order), including 

19 by coordinating the development of trans20 portation geospatial data standards, com21 piling intermodal geospatial data, and col22 lecting geospatial data that is not being 

23 collected by other entities; 

24 ‘‘(viii) issue guidelines for the collec25 tion of information by the Department 


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1 that the Director determines necessary to 

2 develop transportation statistics and carry 

3 out modeling, economic assessment, and 

4 program assessment activities to ensure 

5 that the information is accurate, reliable, 

6 relevant, uniform, and in a form that per7 mits systematic analysis by the Depart8 ment; 

9 ‘‘(ix) review and report to the Sec10 retary on the sources and reliability of— 

11 ‘‘(I) the statistics proposed by 

12 the heads of the operating administra13 tions of the Department to measure 

14 outputs and outcomes as required 

15 under the Government Performance 

16 and Results Act of 1993 (Public Law 

17 103–62;107 Stat. 285); and 

18 ‘‘(II) at the request of the Sec19 retary, any other data collected or sta20 tistical information published by the 

21 heads of the operating administrations 

22 of the Department; and 

23 ‘‘(x) ensure that the statistics pub24 lished under this section are readily acces25 sible to the public. 


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1 ‘‘(c) ACCESS TO FEDERAL DATA.—In carrying out 

2 subsection (b)(3)(B)(ii), the Director shall be given access 

3 to all safety data that the Director determines necessary 

4 to carry out that subsection that is held by the Depart5 ment or any other Federal agency. 

6 ‘‘§ 6303. Intermodal transportation database 

7 ‘‘(a) IN GENERAL.—In consultation with the Under 

8 Secretary Transportation for Policy, the Assistant Secre9 taries of the Department, and the heads of the operating 

10 administrations of the Department, the Director shall es11 tablish and maintain a transportation database for all 

12 modes of transportation. 

13 ‘‘(b) USE.—The database shall be suitable for anal14 yses carried out by the Federal Government, the States, 

15 and metropolitan planning organizations. 

16 ‘‘(c) CONTENTS.—The database shall include— 

17 ‘‘(1) information on the volumes and patterns 

18 of movement of goods, including local, interregional, 

19 and international movement, by all modes of trans20 portation, intermodal combination, and relevant clas21 sification; 

22 ‘‘(2) information on the volumes and patterns 

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1 portation (including bicycle and pedestrian modes), 

2 intermodal combination, and relevant classification; 

3 ‘‘(3) information on the location and 

4 connectivity of transportation facilities and services; 

5 and 

6 ‘‘(4) a national accounting of expenditures and 

7 capital stocks on each mode of transportation and 

8 intermodal combination. 

9 ‘‘§ 6304. National transportation library 

10 ‘‘(a) PURPOSE AND ESTABLISHMENT.—To support 

11 the information management and decisionmaking needs of 

12 transportation officials at the Federal, State, and local lev13 els, there is established in the Bureau of Transportation 

14 Statistics a National Transportation Library that shall— 

15 ‘‘(1) be headed by an individual who is highly 

16 qualified in library and information science; 

17 ‘‘(2) acquire, preserve, and manage transpor18 tation information and information products and 

19 services for use by the Department, other Federal 

20 agencies, and the general public; 

21 ‘‘(3) provide reference and research assistance; 

22 ‘‘(4) serve as a central depository for research 

23 results and technical publications of the Depart24 ment; 


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1 ‘‘(5) provide a central clearinghouse for trans2 portation data and information of the Federal Gov3 ernment; 

4 ‘‘(6) serve as coordinator and policy lead for 

5 transportation information access; 

6 ‘‘(7) provide transportation information and in7 formation products and services to— 

8 ‘‘(A) the Department; 

9 ‘‘(B) other Federal agencies; 

10 ‘‘(C) public and private organizations; and 

11 ‘‘(D) individuals, within the United States 

12 as well as internationally; 

13 ‘‘(8) coordinate efforts among, and cooperate 

14 with, transportation libraries, information providers, 

15 and technical assistance centers, with the goal of de16 veloping a comprehensive transportation information 

17 and knowledge network that supports the activities 

18 described in section 6302(b)(3)(B); and 

19 ‘‘(9) engage in such other activities as the Di20 rector determines to be necessary and as the re21 sources of the Library permit. 

22 ‘‘(b) ACCESS.—The Director shall publicize, facili23 tate, and promote access to the information products and 

24 services described in subsection (a), with the goal of im25 proving the ability of the transportation community to 


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1 share information and the ability of the Director to make 

2 statistics and other information readily accessible as re3 quired under section 6302(b)(3)(B)(x). 

4 ‘‘(c) AGREEMENTS.— 

5 ‘‘(1) IN GENERAL.—To carry out this section, 

6 the Director may enter into agreements with, pro7 vide grants to, and receive amounts from, any— 

8 ‘‘(A) State or local government; 

9 ‘‘(B) organization; 

10 ‘‘(C) business; or 

11 ‘‘(D) individual. 

12 ‘‘(2) CONTRACTS, GRANTS, AND AGREE13 MENTS.—The Library may initiate and support spe14 cific information and data management, access, and 

15 exchange activities relating to the strategic goals of 

16 the Department, knowledge networking, and na17 tional and international cooperation, by entering into 

18 contracts or other agreements or providing grants. 

19 ‘‘(3) AMOUNTS.—Any amounts received by the 

20 Library as payment for library products and services 

21 or other activities shall be made available to the Di22 rector to carry out this section and remain available 

23 until expended. 


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1 ‘‘§ 6305. Advisory council on transportation statistics 

2 ‘‘(a) IN GENERAL.—The Director shall establish and 

3 consult with an advisory council on transportation statis4 tics. 

5 ‘‘(b) FUNCTION.—The function of the advisory coun6 cil established under this subsection is to advise the Direc7 tor on— 

8 ‘‘(1) the quality, reliability, consistency, objec9 tivity, and relevance of transportation statistics and 

10 analyses collected, supported, or disseminated by the 

11 Bureau and the Department; and 

12 ‘‘(2) methods to encourage cooperation and 

13 interoperability of transportation data collected by 

14 the Bureau, the operating administrations of the De15 partment, States, local governments, metropolitan 

16 planning organizations, and private sector entities. 

17 ‘‘(c) MEMBERSHIP.—The advisory council shall be 

18 composed of not fewer than 9 and not more than 11 mem19 bers appointed by the Director, who shall not be officers 

20 or employees of the United States. 

21 ‘‘(d) TERMS OF APPOINTMENT.— 

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (2), members of the advisory council shall be 

24 appointed to staggered terms not to exceed 3 years. 

25 ‘‘(2) ADDITIONAL TERMS.—A member may be 

26 renominated for 1 additional 3-year term. 


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1 ‘‘(3) PREVIOUS MEMBERS.—A member serving 

2 on an advisory council on transportation statistics 

3 on the day before the date of enactment of the 

4 MAP–21 shall serve until the end of the appointed 

5 term of the member. 

6 ‘‘(e) APPLICABILITY OF FEDERAL ADVISORY COM7 MITTEE ACT.—The Federal Advisory Committee Act (5 

8 U.S.C. App.) shall apply to the advisory council estab9 lished under this section, except that section 14 of that 

10 Act shall not apply. 

11 ‘‘§ 6306. Transportation statistical collection, anal12 ysis, and dissemination 

13 ‘‘To ensure that all transportation statistical collec14 tion, analysis, and dissemination is carried out in a coordi15 nated manner, the Director may— 

16 ‘‘(1) use the services, equipment, records, per17 sonnel, information, and facilities of other Federal 

18 agencies, or State, local, and private agencies and 

19 instrumentalities, subject to the conditions that the 

20 applicable agency or instrumentality consents to that 

21 use; 

22 ‘‘(2) enter into agreements with the agencies 

23 and instrumentalities described in paragraph (1) for 

24 purposes of data collection and analysis; 


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1 ‘‘(3) confer and cooperate with foreign govern2 ments, international organizations, and State, mu3 nicipal, and other local agencies; 

4 ‘‘(4) request such information, data, and re5 ports from any Federal agency as the Director de6 termines necessary to carry out this chapter; 

7 ‘‘(5) encourage replication, coordination, and 

8 sharing of information among transportation agen9 cies regarding information systems, information pol10 icy, and data; and 

11 ‘‘(6) confer and cooperate with Federal statis12 tical agencies as the Director determines necessary 

13 to carry out this chapter, including by entering into 

14 cooperative data sharing agreements in conformity 

15 with all laws and regulations applicable to the disclo16 sure and use of data. 

17 ‘‘§ 6307. Furnishing of information, data, or reports 

18 by Federal agencies 

19 ‘‘(a) IN GENERAL.—Except as provided in subsection 

20 (b), a Federal agency requested to furnish information, 

21 data, or reports by the Director under section 

22 6302(b)(3)(B) shall provide the information to the Direc23 tor. 

24 ‘‘(b) PROHIBITION ON CERTAIN DISCLOSURES.— 


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1 ‘‘(1) IN GENERAL.—An officer, employee, or 

2 contractor of the Bureau may not— 

3 ‘‘(A) make any disclosure in which the 

4 data provided by an individual or organization 

5 under section 6302(b)(3)(B) can be identified; 

6 ‘‘(B) use the information provided under 

7 section 6302(b)(3)(B) for a nonstatistical pur8 pose; or 

9 ‘‘(C) permit anyone other than an indi10 vidual authorized by the Director to examine 

11 any individual report provided under section 

12 6302(b)(3)(B). 

13 ‘‘(2) COPIES OF REPORTS.— 

14 ‘‘(A) IN GENERAL.—No department, bu15 reau, agency, officer, or employee of the United 

16 States (except the Director in carrying out this 

17 chapter) may require, for any reason, a copy of 

18 any report that has been filed under section 

19 6302(b)(3)(B) with the Bureau or retained by 

20 an individual respondent. 

21 ‘‘(B) LIMITATION ON JUDICIAL PRO22 CEEDINGS.—A copy of a report described in 

23 subparagraph (A) that has been retained by an 

24 individual respondent or filed with the Bureau 


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1 or any of the employees, contractors, or agents 

2 of the Bureau— 

3 ‘‘(i) shall be immune from legal proc4 ess; and 

5 ‘‘(ii) shall not, without the consent of 

6 the individual concerned, be admitted as 

7 evidence or used for any purpose in any 

8 action, suit, or other judicial or adminis9 trative proceedings. 

10 ‘‘(C) APPLICABILITY.—This paragraph 

11 shall apply only to reports that permit informa12 tion concerning an individual or organization to 

13 be reasonably determined by direct or indirect 

14 means. 

15 ‘‘(3) INFORMING RESPONDENT OF USE OF

16 DATA.—If the Bureau is authorized by statute to 

17 collect data or information for a nonstatistical pur18 pose, the Director shall clearly distinguish the collec19 tion of the data or information, by rule and on the 

20 collection instrument, in a manner that informs the 

21 respondent who is requested or required to supply 

22 the data or information of the nonstatistical pur23 pose. 

24 ‘‘(c) TRANSPORTATION AND TRANSPORTATION-RE25 LATED DATA ACCESS.—Except as expressly prohibited by 


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1 law, the Director shall have access to any transportation 

2 and transportation-related information in the possession 

3 of any Federal agency. 

4 ‘‘§ 6308. Proceeds of data product sales 

5 ‘‘Notwithstanding section 3302 of title 31, amounts 

6 received by the Bureau from the sale of data products for 

7 necessary expenses incurred may be credited to the High8 way Trust Fund (other than the Mass Transit Account) 

9 for the purpose of reimbursing the Bureau for those ex10 penses. 

11 ‘‘§ 6309. Information collection 

12 ‘‘As the head of an independent Federal statistical 

13 agency, the Director may consult directly with the Office 

14 of Management and Budget concerning any survey, ques15 tionnaire, or interview that the Director considers nec16 essary to carry out the statistical responsibilities of this 

17 chapter. 

18 ‘‘§ 6310. National transportation atlas database 

19 ‘‘(a) IN GENERAL.—The Director shall develop and 

20 maintain a national transportation atlas database that is 

21 comprised of geospatial databases that depict— 

22 ‘‘(1) transportation networks; 

23 ‘‘(2) flows of people, goods, vehicles, and craft 

24 over the transportation networks; and 


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1 ‘‘(3) social, economic, and environmental condi2 tions that affect or are affected by the transpor3 tation networks. 

4 ‘‘(b) INTERMODAL NETWORK ANALYSIS.—The data5 bases referred to in subsection (a) shall be capable of sup6 porting intermodal network analysis. 

7 ‘‘§ 6311. Limitations on statutory construction 

8 ‘‘Nothing in this chapter— 

9 ‘‘(1) authorizes the Bureau to require any other 

10 Federal agency to collect data; or 

11 ‘‘(2) alters or diminishes the authority of any 

12 other officer of the Department to collect and dis13 seminate data independently. 

14 ‘‘§ 6312. Research and development grants 

15 ‘‘The Secretary may make grants to, or enter into 

16 cooperative agreements or contracts with, public and non17 profit private entities (including State transportation de18 partments, metropolitan planning organizations, and insti19 tutions of higher education) for— 

20 ‘‘(1) investigation of the subjects described in 

21 section 6302(b)(3)(B)(vi); 

22 ‘‘(2) research and development of new methods 

23 of data collection, standardization, management, in24 tegration, dissemination, interpretation, and anal25 ysis; 


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1 ‘‘(3) demonstration programs by States, local 

2 governments, and metropolitan planning organiza3 tions to coordinate data collection, reporting, man4 agement, storage, and archiving to simplify data 

5 comparisons across jurisdictions; 

6 ‘‘(4) development of electronic clearinghouses of 

7 transportation data and related information, as part 

8 of the Library; and 

9 ‘‘(5) development and improvement of methods 

10 for sharing geographic data, in support of the data11 base under section 6310 and the National Spatial 

12 Data Infrastructure developed under Executive 

13 Order 12906 (59 Fed. Reg. 17671) (or a successor 

14 Executive Order). 

15 ‘‘§ 6313. Transportation statistics annual report 

16 ‘‘The Director shall submit to the President and Con17 gress a transportation statistics annual report, which shall 

18 include— 

19 ‘‘(1) information on the progress of the Direc20 tor in carrying out the duties described in section 

21 6302(b)(3)(B); 

22 ‘‘(2) documentation of the methods used to ob23 tain and ensure the quality of the statistics pre24 sented in the report; and 


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1 ‘‘(3) any recommendations of the Director for 

2 improving transportation statistical information. 

3 ‘‘§ 6314. Mandatory response authority for freight 

4 data collection. 

5 ‘‘(a) IN GENERAL.—An owner, official, agent, person 

6 in charge, or assistant to the person in charge of any 

7 freight corporation, company, business, institution, estab8 lishment, or organization shall be fined in accordance with 

9 subsection (b) if that individual neglects or refuses, when 

10 requested by the Director or other authorized officer, em11 ployee, or contractor of the Bureau to submit data under 

12 section 6302(b)(3)(B)— 

13 ‘‘(1) to answer completely and correctly to the 

14 best knowledge of that individual all questions relat15 ing to the corporation, company, business, institu16 tion, establishment, or other organization; or 

17 ‘‘(2) to make available records or statistics in 

18 the official custody of the individual. 

19 ‘‘(b) FINES.— 

20 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

21 an individual described in subsection (a) shall be 

22 fined not more than $500. 

23 ‘‘(2) WILLFUL ACTIONS.—If an individual will24 fully gives a false answer to a question described in 


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1 subsection (a)(1), the individual shall be fined not 

2 more than $10,000.’’. 

3 (b) RULES OF CONSTRUCTION.—If the provisions of 

4 section 111 of title 49, United States Code, are trans5 ferred to chapter 63 of that title, the following rules of 

6 construction apply: 

7 (1) For purposes of determining whether 1 pro8 vision of law supersedes another based on enactment 

9 later in time, a chapter 63 provision is deemed to 

10 have been enacted on the date of enactment of the 

11 corresponding section 111 provision. 

12 (2) A reference to a section 111 provision, in13 cluding a reference in a regulation, order, or other 

14 law, is deemed to refer to the corresponding chapter 

15 63 provision. 

16 (3) A regulation, order, or other administrative 

17 action in effect under a section 111 provision con18 tinues in effect under the corresponding chapter 63 

19 provision. 

20 (4) An action taken or an offense committed 

21 under a section 111 provision is deemed to have 

22 been taken or committed under the corresponding 

23 chapter 63 provision. 

24 (c) CONFORMING AMENDMENTS.— 


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1 (1) REPEAL.—Section 111 of title 49, United 

2 States Code, is repealed, and the item relating to 

3 section 111 in the analysis of chapter 1 of that title 

4 is deleted. 

5 (2) ANALYSIS OF SUBTITLE III.—The analysis 

6 for subtitle III of title 49, United States Code, is 

7 amended by inserting after the items for chapter 61 

8 the following: 

‘‘Chapter 63. Bureau of Transportation Statistics .................................. ’’. 

9 SEC. 2211. ADMINISTRATIVE AUTHORITY. 

10 Section 112 of title 49, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(f) PROMOTIONAL AUTHORITY.—Amounts author13 ized to be appropriated for the administration and oper14 ation of the Research and Innovative Technology Adminis15 tration may be used to purchase promotional items of 

16 nominal value for use by the Administrator of the Re17 search and Innovative Technology Administration in the 

18 recruitment of individuals and promotion of the programs 

19 of the Administration. 

20 ‘‘(g) PROGRAM EVALUATION AND OVERSIGHT.—For 

21 each of fiscal years 2012 and 2013, the Administrator 

may expend not more than 11 22 ⁄2 percent of the amounts 

23 authorized to be appropriated for the administration and 

24 operation of the Research and Innovative Technology Ad25 ministration to carry out the coordination, evaluation, and 


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1 oversight of the programs administered by the Administra2 tion. 

3 ‘‘(h) COLLABORATIVE RESEARCH AND DEVELOP4 MENT.— 

5 ‘‘(1) IN GENERAL.—To encourage innovative 

6 solutions to multimodal transportation problems and 

7 stimulate the deployment of new technology, the Ad8 ministrator may carry out, on a cost-shared basis, 

9 collaborative research and development with— 

10 ‘‘(A) non-Federal entities, including State 

11 and local governments, foreign governments, in12 stitutions of higher education, corporations, in13 stitutions, partnerships, sole proprietorships, 

14 and trade associations that are incorporated or 

15 established under the laws of any State; 

16 ‘‘(B) Federal laboratories; and 

17 ‘‘(C) other Federal agencies. 

18 ‘‘(2) COOPERATION, GRANTS, CONTRACTS, AND

19 AGREEMENTS.—Notwithstanding any other provision 

20 of law, the Administrator may directly initiate con21 tracts, grants, cooperative research and development 

22 agreements (as defined in section 12 of the Steven23 son-Wydler Technology Innovation Act of 1980 (15 

24 U.S.C. 3710a)), and other agreements to fund, and 

25 accept funds from, the Transportation Research 


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1 Board of the National Research Council of the Na2 tional Academy of Sciences, State departments of 

3 transportation, cities, counties, institutions of higher 

4 education, associations, and the agents of those enti5 ties to carry out joint transportation research and 

6 technology efforts. 

7 ‘‘(3) FEDERAL SHARE.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), the Federal share of the cost of an 

10 activity carried out under paragraph (2) shall 

11 not exceed 50 percent. 

12 ‘‘(B) EXCEPTION.—If the Secretary deter13 mines that the activity is of substantial public 

14 interest or benefit, the Secretary may approve 

15 a greater Federal share. 

16 ‘‘(C) NON-FEDERAL SHARE.—All costs di17 rectly incurred by the non-Federal partners, in18 cluding personnel, travel, facility, and hardware 

19 development costs, shall be credited toward the 

20 non-Federal share of the cost of an activity de21 scribed in subparagraph (A). 

22 ‘‘(4) USE OF TECHNOLOGY.—The research, de23 velopment, or use of a technology under a contract, 

24 grant, cooperative research and development agree25 ment, or other agreement entered into under this 


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1 subsection, including the terms under which the 

2 technology may be licensed and the resulting royal3 ties may be distributed, shall be subject to the Ste4 venson-Wydler Technology Innovation Act of 1980 

5 (15 U.S.C. 3701 et seq.). 

6 ‘‘(5) WAIVER OF ADVERTISING REQUIRE7 MENTS.—Section 3709 of the Revised Statutes (41 

8 U.S.C. 5) shall not apply to a contract, grant, or 

9 other agreement entered into under this section.’’. 

10 SEC. 2212. TRANSPORTATION RESEARCH AND DEVELOP11 MENT STRATEGIC PLANNING. 

12 Section 508(a)(2) of title 23, United States Code, is 

13 amended by striking subparagraph (A) and inserting the 

14 following: 

15 ‘‘(A) describe the primary purposes of the 

16 transportation research and development pro17 gram, which shall include, at a minimum— 

18 ‘‘(i) promoting safety; 

19 ‘‘(ii) reducing congestion and improv20 ing mobility; 

21 ‘‘(iii) protecting and enhancing the 

22 environment; 

23 ‘‘(iv) preserving the existing transpor24 tation system; 


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1 ‘‘(v) improving the durability and ex2 tending the life of transportation infra3 structure; and 

4 ‘‘(vi) improving goods movement;’’. 

5 Subtitle C—Funding 

6 SEC. 2301. USE OF FUNDS FOR ITS ACTIVITIES. 

7 Section 513 of title 23, United States Code, is 

8 amended to read as follows: 

9 ‘‘§ 513. Use of funds for ITS activities. 

10 ‘‘(a) DEFINITIONS.—In this section, the following 

11 definitions apply: 

12 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en13 tity’ means a State or local government, tribal gov14 ernment, transit agency, public toll authority, metro15 politan planning organization, other political subdivi16 sion of a State or local government, or a multistate 

17 or multijurisdictional group applying through a sin18 gle lead applicant. 

19 ‘‘(2) MULTIJURISDICTIONAL GROUP.—The term 

20 ‘multijurisdictional group’ means a combination of 

21 State governments, local governments, metropolitan 

22 planning agencies, transit agencies, or other political 

23 subdivisions of a State that— 


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1 ‘‘(A) have signed a written agreement to 

2 implement an activity that meets the grant cri3 teria under this section; and 

4 ‘‘(B) is comprised of at least 2 members, 

5 each of whom is an eligible entity. 

6 ‘‘(b) PURPOSE.—The purpose of this section is to de7 velop, administer, communicate, and promote the use of 

8 products of research, technology, and technology transfer 

9 programs. 

10 ‘‘(c) ITS DEPLOYMENT INCENTIVES.— 

11 ‘‘(1) IN GENERAL.—The Secretary may— 

12 ‘‘(A) develop and implement incentives to 

13 accelerate deployment of ITS technologies and 

14 services within all funding programs authorized 

15 by the MAP–21; and 

16 ‘‘(B) for each fiscal year, use amounts 

17 made available to the Secretary to carry out in18 telligent transportation systems outreach, in19 cluding through the use of websites, public rela20 tions, displays, tours, and brochures. 

21 ‘‘(2) COMPREHENSIVE PLAN.—To carry out 

22 this section, the Secretary shall develop a detailed 

23 and comprehensive plan that addresses the manner 

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1 isting deployment activities carried out by surface 

2 transportation modal administrations. 

3 ‘‘(d) SYSTEM OPERATIONS AND ITS DEPLOYMENT

4 GRANT PROGRAM.— 

5 ‘‘(1) ESTABLISHMENT.—The Secretary shall es6 tablish a competitive grant program to accelerate the 

7 deployment, operation, systems management, inter8 modal integration, and interoperability of the ITS 

9 program and ITS-enabled operational strategies— 

10 ‘‘(A) to measure and improve the perform11 ance of the surface transportation system; 

12 ‘‘(B) to reduce traffic congestion and the 

13 economic and environmental impacts of traffic 

14 congestion; 

15 ‘‘(C) to minimize fatalities and injuries; 

16 ‘‘(D) to enhance mobility of people and 

17 goods; 

18 ‘‘(E) to improve traveler information and 

19 services; and 

20 ‘‘(F) to optimize existing roadway capacity. 

21 ‘‘(2) APPLICATION.—To be considered for a 

22 grant under this subsection, an eligible entity shall 

23 submit an application to the Secretary that in24 cludes— 


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1 ‘‘(A) a plan to deploy and provide for the 

2 long-term operation and maintenance of intel3 ligent transportation systems to improve safety, 

4 efficiency, system performance, and return on 

5 investment, such as— 

6 ‘‘(i) real-time integrated traffic, tran7 sit, and multimodal transportation infor8 mation; 

9 ‘‘(ii) advanced traffic, freight, park10 ing, and incident management systems; 

11 ‘‘(iii) advanced technologies to im12 prove transit and commercial vehicle oper13 ations; 

14 ‘‘(iv) synchronized, adaptive, and 

15 transit preferential traffic signals; 

16 ‘‘(v) advanced infrastructure condition 

17 assessment technologies; and 

18 ‘‘(vi) other technologies to improve 

19 system operations, including ITS applica20 tions necessary for multimodal systems in21 tegration and for achieving performance 

22 goals; 

23 ‘‘(B) quantifiable system performance im24 provements, including— 


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1 ‘‘(i) reductions in traffic-related 

2 crashes, congestion, and costs; 

3 ‘‘(ii) optimization of system efficiency; 

4 and 

5 ‘‘(iii) improvement of access to trans6 portation services; 

7 ‘‘(C) quantifiable safety, mobility, and en8 vironmental benefit projections, including data 

9 driven estimates of the manner in which the 

10 project will improve the transportation system 

11 efficiency and reduce traffic congestion in the 

12 region; 

13 ‘‘(D) a plan for partnering with the private 

14 sector, including telecommunications industries 

15 and public service utilities, public agencies (in16 cluding multimodal and multijurisdictional enti17 ties), research institutions, organizations rep18 resenting transportation and technology leaders, 

19 and other transportation stakeholders; 

20 ‘‘(E) a plan to leverage and optimize exist21 ing local and regional ITS investments; and 

22 ‘‘(F) a plan to ensure interoperability of 

23 deployed technologies with other tolling, traffic 

24 management, and intelligent transportation sys25 tems. 


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1 ‘‘(3) SELECTION.— 

2 ‘‘(A) IN GENERAL.—Not later than 1 year 

3 after the date of enactment of the MAP–21, the 

4 Secretary may provide grants to eligible entities 

5 under this section. 

6 ‘‘(B) GEOGRAPHIC DIVERSITY.—In award7 ing a grant under this section, the Secretary 

8 shall ensure, to the maximum extent prac9 ticable, that grant recipients represent diverse 

10 geographical areas of the United States, includ11 ing urban, suburban, and rural areas. 

12 ‘‘(C) NON-FEDERAL SHARE.—In awarding 

13 a grant under the section, the Secretary shall 

14 give priority to grant recipients that dem15 onstrate an ability to contribute a significant 

16 non-Federal share to the cost of carrying out 

17 the project for which the grant is received. 

18 ‘‘(4) ELIGIBLE USES.—Projects for which 

19 grants awarded under this section may be used in20 clude— 

21 ‘‘(A) the establishment and implementation 

22 of ITS and ITS-enabled operations strategies 

23 that improve performance in the areas of— 

24 ‘‘(i) traffic operations; 


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1 ‘‘(ii) emergency response to surface 

2 transportation incidents; 

3 ‘‘(iii) incident management; 

4 ‘‘(iv) transit and commercial vehicle 

5 operations improvements; 

6 ‘‘(v) weather event response manage7 ment by State and local authorities; 

8 ‘‘(vi) surface transportation network 

9 and facility management; 

10 ‘‘(vii) construction and work zone 

11 management; 

12 ‘‘(viii) traffic flow information; 

13 ‘‘(ix) freight management; and 

14 ‘‘(x) congestion management; 

15 ‘‘(B) carrying out activities that support 

16 the creation of networks that link metropolitan 

17 and rural surface transportation systems into 

18 an integrated data network, capable of col19 lecting, sharing, and archiving transportation 

20 system traffic condition and performance infor21 mation; 

22 ‘‘(C) the implementation of intelligent 

23 transportation systems and technologies that 

24 improve highway safety through information 

25 and communications systems linking vehicles, 


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1 infrastructure, mobile devices, transportation 

2 users, and emergency responders; 

3 ‘‘(D) the provision of services necessary to 

4 ensure the efficient operation and management 

5 of ITS infrastructure, including costs associated 

6 with communications, utilities, rent, hardware, 

7 software, labor, administrative costs, training, 

8 and technical services; 

9 ‘‘(E) the provision of support for the es10 tablishment and maintenance of institutional 

11 relationships between transportation agencies, 

12 police, emergency medical services, private 

13 emergency operators, freight operators, ship14 pers, and public service utilities and tele15 communications providers; 

16 ‘‘(F) carrying out multimodal and 

17 crossjurisdictional planning and deployment of 

18 regional transportation systems operations and 

19 management approaches; and 

20 ‘‘(G) performing project evaluations to de21 termine the costs, benefits, lessons learned, and 

22 future deployment strategies associated with the 

23 deployment of intelligent transportation sys24 tems. 


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1 ‘‘(5) REPORT TO SECRETARY.—For each fiscal 

2 year that an eligible entity receives a grant under 

3 this section, not later than 1 year after receiving 

4 that grant, each recipient shall submit a report to 

5 the Secretary that describes how the project has met 

6 the expectations projected in the deployment plan 

7 submitted with the application, including— 

8 ‘‘(A) data on how the program has helped 

9 reduce traffic crashes, congestion, costs, and 

10 other benefits of the deployed systems; 

11 ‘‘(B) data on the effect of measuring and 

12 improving transportation system performance 

13 through the deployment of advanced tech14 nologies; 

15 ‘‘(C) the effectiveness of providing real16 time integrated traffic, transit, and multimodal 

17 transportation information to the public that al18 lows the public to make informed travel deci19 sions; and 

20 ‘‘(D) lessons learned and recommendations 

21 for future deployment strategies to optimize 

22 transportation efficiency and multimodal system 

23 performance. 

24 ‘‘(6) REPORT TO CONGRESS.—Not later than 2 

25 years after date on which the first grant is awarded 


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1 under this section and annually thereafter for each 

2 fiscal year for which grants are awarded under this 

3 section, the Secretary shall submit to Congress a re4 port that describes the effectiveness of the grant re5 cipients in meeting the projected deployment plan 

6 goals, including data on how the grant program 

7 has— 

8 ‘‘(A) reduced traffic-related fatalities and 

9 injuries; 

10 ‘‘(B) reduced traffic congestion and im11 proved travel time reliability; 

12 ‘‘(C) reduced transportation-related emis13 sions; 

14 ‘‘(D) optimized multimodal system per15 formance; 

16 ‘‘(E) improved access to transportation al17 ternatives; 

18 ‘‘(F) provided the public with access to 

19 real-time integrated traffic, transit, and 

20 multimodal transportation information to make 

21 informed travel decisions; 

22 ‘‘(G) provided cost savings to transpor23 tation agencies, businesses, and the traveling 

24 public; and 


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1 ‘‘(H) provided other benefits to transpor2 tation users and the general public. 

3 ‘‘(7) ADDITIONAL GRANTS.—If the Secretary 

4 determines, based on a report submitted under para5 graph (5), that a grant recipient is not complying 

6 with the established grant criteria, the Secretary 

7 may— 

8 ‘‘(A) cease payment to the recipient of any 

9 remaining grant amounts; and 

10 ‘‘(B) redistribute any remaining amounts 

11 to other eligible entities under this section. 

12 ‘‘(8) NON-FEDERAL SHARE.—The Federal 

13 share of a grant under this section shall not exceed 

14 50 percent of the cost of the project. 

15 ‘‘(9) GRANT LIMITATION.—The Secretary may 

16 not award more than 10 percent of the amounts pro17 vided under this section to a single grant recipient 

18 in any fiscal year. 

19 ‘‘(10) MULTIYEAR GRANTS.—Subject to avail20 ability of amounts, the Secretary may provide an eli21 gible entity with grant amounts for a period of mul22 tiple fiscal years. 

23 ‘‘(11) FUNDING.—Of the funds authorized to 

24 be appropriated to carry out the intelligent transpor25 tation system program under sections 512 through 


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1 518, not less than 50 percent of such funds shall be 

2 used to carry out this subsection.’’. 

3 SEC. 2302. GOALS AND PURPOSES. 

4 (a) IN GENERAL.—Chapter 5 of title 23, United 

5 States Code, is amended by adding after section 513 the 

6 following: 

7 ‘‘§ 514. Goals and purposes 

8 ‘‘(a) GOALS.—The goals of the intelligent transpor9 tation system program include— 

10 ‘‘(1) enhancement of surface transportation ef11 ficiency and facilitation of intermodalism and inter12 national trade to enable existing facilities to meet a 

13 significant portion of future transportation needs, 

14 including public access to employment, goods, and 

15 services and to reduce regulatory, financial, and 

16 other transaction costs to public agencies and sys17 tem users; 

18 ‘‘(2) achievement of national transportation 

19 safety goals, including enhancement of safe oper20 ation of motor vehicles and nonmotorized vehicles 

21 and improved emergency response to collisions, with 

22 particular emphasis on decreasing the number and 

23 severity of collisions; 

24 ‘‘(3) protection and enhancement of the natural 

25 environment and communities affected by surface 


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1 transportation, with particular emphasis on assisting 

2 State and local governments to achieve national en3 vironmental goals; 

4 ‘‘(4) accommodation of the needs of all users of 

5 surface transportation systems, including operators 

6 of commercial motor vehicles, passenger motor vehi7 cles, motorcycles, bicycles, and pedestrians (includ8 ing individuals with disabilities); and 

9 ‘‘(5) enhancement of national defense mobility 

10 and improvement of the ability of the United States 

11 to respond to security-related or other manmade 

12 emergencies and natural disasters. 

13 ‘‘(b) PURPOSES.—The Secretary shall implement ac14 tivities under the intelligent transportation system pro15 gram, at a minimum— 

16 ‘‘(1) to expedite, in both metropolitan and rural 

17 areas, deployment and integration of intelligent 

18 transportation systems for consumers of passenger 

19 and freight transportation; 

20 ‘‘(2) to ensure that Federal, State, and local 

21 transportation officials have adequate knowledge of 

22 intelligent transportation systems for consideration 

23 in the transportation planning process; 


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1 ‘‘(3) to improve regional cooperation and oper2 ations planning for effective intelligent transpor3 tation system deployment; 

4 ‘‘(4) to promote the innovative use of private 

5 resources in support of intelligent transportation 

6 system development; 

7 ‘‘(5) to facilitate, in cooperation with the motor 

8 vehicle industry, the introduction of vehicle-based 

9 safety enhancing systems; 

10 ‘‘(6) to support the application of intelligent 

11 transportation systems that increase the safety and 

12 efficiency of commercial motor vehicle operations; 

13 ‘‘(7) to develop a workforce capable of devel14 oping, operating, and maintaining intelligent trans15 portation systems; 

16 ‘‘(8) to provide continuing support for oper17 ations and maintenance of intelligent transportation 

18 systems; and 

19 ‘‘(9) to ensure a systems approach that includes 

20 cooperation among vehicles, infrastructure, and 

21 users.’’. 

22 (b) CONFORMING AMENDMENT.—The analysis for 

23 chapter 5 of title 23, United States Code, is amended by 

24 adding after the item relating to section 513 the following: 

‘‘514. Goals and purposes.’’. 


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1 SEC. 2303. GENERAL AUTHORITIES AND REQUIREMENTS. 

2 (a) IN GENERAL.—Chapter 5 of title 23, United 

3 States Code, is amended by adding after section 514 (as 

4 added by section 2302) the following: 

5 ‘‘§ 515. General authorities and requirements 

6 ‘‘(a) SCOPE.—Subject to the provisions of this chap7 ter, the Secretary shall conduct an ongoing intelligent 

8 transportation system program— 

9 ‘‘(1) to research, develop, and operationally test 

10 intelligent transportation systems; and 

11 ‘‘(2) to provide technical assistance in the na12 tionwide application of those systems as a compo13 nent of the surface transportation systems of the 

14 United States. 

15 ‘‘(b) POLICY.—Intelligent transportation system re16 search projects and operational tests funded pursuant to 

17 this chapter shall encourage and not displace public-pri18 vate partnerships or private sector investment in those 

19 tests and projects. 

20 ‘‘(c) COOPERATION WITH GOVERNMENTAL, PRI21 VATE, AND EDUCATIONAL ENTITIES.—The Secretary 

22 shall carry out the intelligent transportation system pro23 gram in cooperation with State and local governments and 

24 other public entities, the private sector firms of the United 

25 States, the Federal laboratories, and institutions of higher 


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1 education, including historically Black colleges and univer2 sities and other minority institutions of higher education. 

3 ‘‘(d) CONSULTATION WITH FEDERAL OFFICIALS.— 

4 In carrying out the intelligent transportation system pro5 gram, the Secretary shall consult with the heads of other 

6 Federal agencies, as appropriate. 

7 ‘‘(e) TECHNICAL ASSISTANCE, TRAINING, AND IN8 FORMATION.—The Secretary may provide technical assist9 ance, training, and information to State and local govern10 ments seeking to implement, operate, maintain, or evalu11 ate intelligent transportation system technologies and 

12 services. 

13 ‘‘(f) TRANSPORTATION PLANNING.—The Secretary 

14 may provide funding to support adequate consideration of 

15 transportation systems management and operations, in16 cluding intelligent transportation systems, within metro17 politan and statewide transportation planning processes. 

18 ‘‘(g) INFORMATION CLEARINGHOUSE.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall— 

20 ‘‘(A) maintain a repository for technical 

21 and safety data collected as a result of federally 

22 sponsored projects carried out under this chap23 ter; and 

24 ‘‘(B) make, on request, that information 

25 (except for proprietary information and data) 


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1 readily available to all users of the repository at 

2 an appropriate cost. 

3 ‘‘(2) AGREEMENT.— 

4 ‘‘(A) IN GENERAL.—The Secretary may 

5 enter into an agreement with a third party for 

6 the maintenance of the repository for technical 

7 and safety data under paragraph (1)(A). 

8 ‘‘(B) FEDERAL FINANCIAL ASSISTANCE.— 

9 If the Secretary enters into an agreement with 

10 an entity for the maintenance of the repository, 

11 the entity shall be eligible for Federal financial 

12 assistance under this section. 

13 ‘‘(3) AVAILABILITY OF INFORMATION.—Infor14 mation in the repository shall not be subject to sec15 tions 552 and 555 of title 5, United States Code. 

16 ‘‘(h) ADVISORY COMMITTEE.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall estab18 lish an Advisory Committee to advise the Secretary 

19 on carrying out this chapter. 

20 ‘‘(2) MEMBERSHIP.—The Advisory Committee 

21 shall have no more than 20 members, be balanced 

22 between metropolitan and rural interests, and in23 clude, at a minimum— 

24 ‘‘(A) a representative from a State high25 way department; 


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1 ‘‘(B) a representative from a local highway 

2 department who is not from a metropolitan 

3 planning organization; 

4 ‘‘(C) a representative from a State, local, 

5 or regional transit agency; 

6 ‘‘(D) a representative from a metropolitan 

7 planning organization; 

8 ‘‘(E) a private sector user of intelligent 

9 transportation system technologies; 

10 ‘‘(F) an academic researcher with expertise 

11 in computer science or another information 

12 science field related to intelligent transportation 

13 systems, and who is not an expert on transpor14 tation issues; 

15 ‘‘(G) an academic researcher who is a civil 

16 engineer; 

17 ‘‘(H) an academic researcher who is a so18 cial scientist with expertise in transportation 

19 issues; 

20 ‘‘(I) a representative from a nonprofit 

21 group representing the intelligent transpor22 tation system industry; 

23 ‘‘(J) a representative from a public interest 

24 group concerned with safety; 


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1 ‘‘(K) a representative from a public inter2 est group concerned with the impact of the 

3 transportation system on land use and residen4 tial patterns; and 

5 ‘‘(L) members with expertise in planning, 

6 safety, telecommunications, utilities, and oper7 ations. 

8 ‘‘(3) DUTIES.—The Advisory Committee shall, 

9 at a minimum, perform the following duties: 

10 ‘‘(A) Provide input into the development of 

11 the intelligent transportation system aspects of 

12 the strategic plan under section 508. 

13 ‘‘(B) Review, at least annually, areas of in14 telligent transportation systems research being 

15 considered for funding by the Department, to 

16 determine— 

17 ‘‘(i) whether these activities are likely 

18 to advance either the state-of-the-practice 

19 or state-of-the-art in intelligent transpor20 tation systems; 

21 ‘‘(ii) whether the intelligent transpor22 tation system technologies are likely to be 

23 deployed by users, and if not, to determine 

24 the barriers to deployment; and 


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1 ‘‘(iii) the appropriate roles for govern2 ment and the private sector in investing in 

3 the research and technologies being consid4 ered. 

5 ‘‘(4) REPORT.—Not later than February 1 of 

6 each year after the date of enactment of the MAP– 

7 21, the Secretary shall submit to Congress a report 

8 that includes— 

9 ‘‘(A) all recommendations made by the Ad10 visory Committee during the preceding calendar 

11 year; 

12 ‘‘(B) an explanation of the manner in 

13 which the Secretary has implemented those rec14 ommendations; and 

15 ‘‘(C) for recommendations not imple16 mented, the reasons for rejecting the rec17 ommendations. 

18 ‘‘(5) APPLICABILITY OF FEDERAL ADVISORY

19 COMMITTEE ACT.—The Advisory Committee shall be 

20 subject to the Federal Advisory Committee Act (5 

21 U.S.C. App.). 

22 ‘‘(i) REPORTING.— 

23 ‘‘(1) GUIDELINES AND REQUIREMENTS.— 

24 ‘‘(A) IN GENERAL.—The Secretary shall 

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1 porting and evaluation of operational tests and 

2 deployment projects carried out under this 

3 chapter. 

4 ‘‘(B) OBJECTIVITY AND INDEPENDENCE.— 

5 The guidelines and requirements issued under 

6 subparagraph (A) shall include provisions to en7 sure the objectivity and independence of the re8 porting entity so as to avoid any real or appar9 ent conflict of interest or potential influence on 

10 the outcome by parties to any such test or de11 ployment project or by any other formal evalua12 tion carried out under this chapter. 

13 ‘‘(C) FUNDING.—The guidelines and re14 quirements issued under subparagraph (A) shall 

15 establish reporting funding levels based on the 

16 size and scope of each test or project that en17 sure adequate reporting of the results of the 

18 test or project. 

19 ‘‘(2) SPECIAL RULE.—Any survey, question20 naire, or interview that the Secretary considers nec21 essary to carry out the reporting of any test, deploy22 ment project, or program assessment activity under 

23 this chapter shall not be subject to chapter 35 of 

24 title 44, United States Code.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 5 of title 23, United States Code, is amended by 

3 adding after the item relating to section 514 (as added 

4 by section 2302) the following: 

‘‘515. General authorities and requirements.’’. 

5 SEC. 2304. RESEARCH AND DEVELOPMENT. 

6 (a) IN GENERAL.—Chapter 5 of title 23, United 

7 States Code, is amended by adding after section 515 (as 

8 added by section 2303) the following: 

9 ‘‘§ 516. Research and development 

10 ‘‘(a) IN GENERAL.—The Secretary shall carry out a 

11 comprehensive program of intelligent transportation sys12 tem research and development, and operational tests of 

13 intelligent vehicles, intelligent infrastructure systems, and 

14 other similar activities that are necessary to carry out this 

15 chapter. 

16 ‘‘(b) PRIORITY AREAS.—Under the program, the Sec17 retary shall give higher priority to funding projects that— 

18 ‘‘(1) enhance mobility and productivity through 

19 improved traffic management, incident management, 

20 transit management, freight management, road 

21 weather management, toll collection, traveler infor22 mation, or highway operations systems and remote 

23 sensing products; 


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1 ‘‘(2) use interdisciplinary approaches to develop 

2 traffic management strategies and tools to address 

3 multiple impacts of congestion concurrently; 

4 ‘‘(3) address traffic management, incident man5 agement, transit management, toll collection traveler 

6 information, or highway operations systems; 

7 ‘‘(4) incorporate research on the impact of envi8 ronmental, weather, and natural conditions on intel9 ligent transportation systems, including the effects 

10 of cold climates; 

11 ‘‘(5) enhance intermodal use of intelligent 

12 transportation systems for diverse groups, including 

13 for emergency and health-related services; 

14 ‘‘(6) enhance safety through improved crash 

15 avoidance and protection, crash and other notifica16 tion, commercial motor vehicle operations, and infra17 structure-based or cooperative safety systems; or 

18 ‘‘(7) facilitate the integration of intelligent in19 frastructure, vehicle, and control technologies. 

20 ‘‘(c) FEDERAL SHARE.—The Federal share payable 

21 on account of any project or activity carried out under 

22 subsection (a) shall not exceed 80 percent.’’. 

23 (b) CONFORMING AMENDMENT.—The analysis for 

24 chapter 5 of title 23, United States Code, is amended by 


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1 adding after the item relating to section 515 (as added 

2 by section 2304) the following: 

‘‘516. Research and development.’’. 

3 SEC. 2305. NATIONAL ARCHITECTURE AND STANDARDS. 

4 (a) IN GENERAL.—Chapter 5 of title 23, United 

5 States Code, is amended by adding after section 516 (as 

6 added by section 2304) the following: 

7 ‘‘§ 517. National architecture and standards. 

8 ‘‘(a) IN GENERAL.— 

9 ‘‘(1) DEVELOPMENT, IMPLEMENTATION, AND

10 MAINTENANCE.—In accordance with section 12(d) of 

11 the National Technology Transfer and Advancement 

12 Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783; 

13 115 Stat. 1241), the Secretary shall develop and 

14 maintain a national ITS architecture and supporting 

15 ITS standards and protocols to promote the use of 

16 systems engineering methods in the widespread de17 ployment and evaluation of intelligent transportation 

18 systems as a component of the surface transpor19 tation systems of the United States. 

20 ‘‘(2) INTEROPERABILITY AND EFFICIENCY.—To 

21 the maximum extent practicable, the national ITS 

22 architecture and supporting ITS standards and pro23 tocols shall promote interoperability among, and effi24 ciency of, intelligent transportation systems and 


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1 technologies implemented throughout the United 

2 States. 

3 ‘‘(3) USE OF STANDARDS DEVELOPMENT ORGA4 NIZATIONS.—In carrying out this section, the Sec5 retary shall support the development and mainte6 nance of standards and protocols using the services 

7 of such standards development organizations as the 

8 Secretary determines to be necessary and whose 

9 memberships are comprised of, and represent, the 

10 surface transportation and intelligent transportation 

11 systems industries. 

12 ‘‘(b) STANDARDS FOR NATIONAL POLICY IMPLEMEN13 TATION.—If the Secretary finds that a standard is nec14 essary for implementation of a nationwide policy relating 

15 to user fee collection or other capability requiring nation16 wide uniformity, the Secretary, after consultation with 

17 stakeholders, may establish and require the use of that 

18 standard. 

19 ‘‘(c) PROVISIONAL STANDARDS.— 

20 ‘‘(1) IN GENERAL.—If the Secretary finds that 

21 the development or balloting of an intelligent trans22 portation system standard jeopardizes the timely 

23 achievement of the objectives described in subsection 

24 (a), the Secretary may establish a provisional stand25 ard, after consultation with affected parties, using, 


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1 to the maximum extent practicable, the work prod2 uct of appropriate standards development organiza3 tions. 

4 ‘‘(2) PERIOD OF EFFECTIVENESS.—A provi5 sional standard established under paragraph (1) 

6 shall be published in the Federal Register and re7 main in effect until the appropriate standards devel8 opment organization adopts and publishes a stand9 ard. 

10 ‘‘(d) CONFORMITY WITH NATIONAL ARCHITEC11 TURE.— 

12 ‘‘(1) IN GENERAL.—Except as provided in para13 graph (2), the Secretary shall ensure that intelligent 

14 transportation system projects carried out using 

15 amounts made available from the Highway Trust 

16 Fund, including amounts made available to deploy 

17 intelligent transportation systems, conform to the 

18 appropriate regional ITS architecture, applicable 

19 standards, and protocols developed under subsection 

20 (a) or (c). 

21 ‘‘(2) DISCRETION OF THE SECRETARY.—The 

22 Secretary, at the discretion of the Secretary, may 

23 offer an exemption from paragraph (1) for projects 

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1 tem program plan or the surface transportation re2 search and development strategic plan developed 

3 under section 508.’’. 

4 (b) CONFORMING AMENDMENT.—The analysis for 

5 chapter 5 of title 23, United States Code, is amended by 

6 adding after the item relating to section 516 (as added 

7 by section 2304) the following: 

‘‘517. National architecture and standards.’’. 

8 SEC. 2306. 5.9 GHz VEHICLE-TO-VEHICLE AND VEHICLE-TO9 INFRASTRUCTURE COMMUNICATIONS SYS10 TEMS DEPLOYMENT. 

11 (a) IN GENERAL.—Chapter 5 of title 23, United 

12 States Code, is amended by adding after section 517 (as 

13 added by section 2305) the following: 

14 ‘‘§ 518. 5.9 GHz vehicle-to-vehicle and vehicle-to-infra15 structure communications systems de16 ployment 

17 ‘‘(a) IN GENERAL.—Not later than 3 years after the 

18 date of enactment of this section, the Secretary shall sub19 mit to the appropriate committees of Congress a report 

20 that— 

21 ‘‘(1) describes a recommended implementation 

22 path for dedicated short-range communications tech23 nology and applications; and 

24 ‘‘(2) includes guidance on the relationship of 

25 the proposed deployment of dedicated short-range 


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1 communications to the National ITS Architecture 

2 and ITS Standards. 

3 ‘‘(b) NATIONAL RESEARCH COUNCIL REVIEW.—The 

4 Secretary shall enter into an agreement with the National 

5 Research Council for the review by the National Research 

6 Council of the report described in subsection (a).’’. 

7 (b) CONFORMING AMENDMENT.—The analysis of 

8 chapter 5 of title 23, United States Code, is amended by 

9 adding after section 517 (as added by section 2305) the 

10 following: 

‘‘518. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure communications 

systems deployment.’’. 

11 TITLE III—AMERICA FAST FOR12 WARD FINANCING INNOVA13 TION 

14 SEC. 3001. SHORT TITLE. 

15 This title may be cited as the ‘‘America Fast Forward 

16 Financing Innovation Act of 2011’’. 

17 SEC. 3002. TRANSPORTATION INFRASTRUCTURE FINANCE 

18 AND INNOVATION ACT AMENDMENTS. 

19 Sections 601 through 609 of title 23, United States 

20 Code, are amended to read as follows: 

21 ‘‘§ 601. Generally applicable provisions 

22 ‘‘(a) DEFINITIONS.—In this chapter, the following 

23 definitions apply: 


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1 ‘‘(1) ELIGIBLE PROJECT COSTS.—The term ‘eli2 gible project costs’ means amounts substantially all 

3 of which are paid by, or for the account of, an obli4 gor in connection with a project, including the cost 

5 of— 

6 ‘‘(A) development phase activities, includ7 ing planning, feasibility analysis, revenue fore8 casting, environmental review, permitting, pre9 liminary engineering and design work, and 

10 other preconstruction activities; 

11 ‘‘(B) construction, reconstruction, rehabili12 tation, replacement, and acquisition of real 

13 property (including land relating to the project 

14 and improvements to land), environmental miti15 gation, construction contingencies, and acquisi16 tion of equipment; and 

17 ‘‘(C) capitalized interest necessary to meet 

18 market requirements, reasonably required re19 serve funds, capital issuance expenses, and 

20 other carrying costs during construction. 

21 ‘‘(2) FEDERAL CREDIT INSTRUMENT.—The 

22 term ‘Federal credit instrument’ means a secured 

23 loan, loan guarantee, or line of credit authorized to 

24 be made available under this chapter with respect to 

25 a project. 


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1 ‘‘(3) INVESTMENT-GRADE RATING.—The term 

2 ‘investment-grade rating’ means a rating of BBB 

3 minus, Baa3, bbb minus, BBB (low), or higher as4 signed by a rating agency to project obligations. 

5 ‘‘(4) LENDER.—The term ‘lender’ means any 

6 non-Federal qualified institutional buyer (as defined 

7 in section 230.144A(a) of title 17, Code of Federal 

8 Regulations (or any successor regulation), known as 

9 Rule 144A(a) of the Securities and Exchange Com10 mission and issued under the Securities Act of 1933 

11 (15 U.S.C. 77a et seq.)), including— 

12 ‘‘(A) a qualified retirement plan (as de13 fined in section 4974(c) of the Internal Revenue 

14 Code of 1986) that is a qualified institutional 

15 buyer; and 

16 ‘‘(B) a governmental plan (as defined in 

17 section 414(d) of the Internal Revenue Code of 

18 1986) that is a qualified institutional buyer. 

19 ‘‘(5) LETTER OF INTEREST.—The term ‘letter 

20 of interest’ means a letter submitted by a potential 

21 applicant prior to an application for credit assistance 

22 in a format prescribed by the Secretary on the 

23 website of the TIFIA program, which— 

24 ‘‘(A) describes the project and the location, 

25 purpose, and cost of the project; 


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1 ‘‘(B) outlines the proposed financial plan, 

2 including the requested credit assistance and 

3 the proposed obligor; 

4 ‘‘(C) provides a status of environmental re5 view; and 

6 ‘‘(D) provides information regarding satis7 faction of other eligibility requirements of the 

8 TIFIA program. 

9 ‘‘(6) LINE OF CREDIT.—The term ‘‘ ‘line of 

10 credit’ ’’ means an agreement entered into by the 

11 Secretary with an obligor under section 604 to pro12 vide a direct loan at a future date upon the occur13 rence of certain events. 

14 ‘‘(7) LIMITED BUYDOWN.—The term ‘limited 

15 buydown’ means, subject to the conditions described 

16 in section 603(b)(4)(C), a buydown of the interest 

17 rate by the Secretary and by the obligor if the inter18 est rate has increased between— 

19 ‘‘(A)(i) the date on which a project appli20 cation acceptable to the Secretary is submitted; 

21 or 

22 ‘‘(ii) the date on which the Secretary en23 tered into a master credit agreement; and 

24 ‘‘(B) the date on which the Secretary exe25 cutes the Federal credit instrument. 


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1 ‘‘(8) LOAN GUARANTEE.—The term ‘loan guar2 antee’ means any guarantee or other pledge by the 

3 Secretary to pay all or part of the principal of and 

4 interest on a loan or other debt obligation issued by 

5 an obligor and funded by a lender. 

6 ‘‘(9) MASTER CREDIT AGREEMENT.—The term 

7 ‘master credit agreement’ means an agreement to 

8 extend credit assistance for a program of projects 

9 secured by a common security pledge (which shall 

10 receive an investment grade rating from a rating 

11 agency), or for a single project covered under section 

12 602(b)(2) that would— 

13 ‘‘(A) make contingent commitments of 1 or 

14 more secured loans or other Federal credit in15 struments at future dates; 

16 ‘‘(B) establish the maximum amounts and 

17 general terms and conditions of the secured 

18 loans or other Federal credit instruments; 

19 ‘‘(C) identify the 1 or more dedicated non20 Federal revenue sources that will secure the re21 payment of the secured loans or secured Fed22 eral credit instruments; 

23 ‘‘(D) provide for the obligation of funds for 

24 the secured loans or secured Federal credit in25 struments after all requirements have been met 


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1 for the projects subject to the master credit 

2 agreement, including— 

3 ‘‘(i) completion of an environmental 

4 impact statement or similar analysis re5 quired under the National Environmental 

6 Policy Act of 1969 (42 U.S.C. 4321 et 

7 seq.); and 

8 ‘‘(ii) compliance with such other re9 quirements as are specified in section 

10 602(c); and 

11 ‘‘(E) require that contingent commitments 

12 result in a financial close and obligation of 

13 credit assistance not later than 3 years after 

14 the date of entry into the master credit agree15 ment, or release of the commitment, unless oth16 erwise extended by the Secretary. 

17 ‘‘(10) OBLIGOR.—The term ‘obligor’ means a 

18 party that— 

19 ‘‘(A) is primarily liable for payment of the 

20 principal of or interest on a Federal credit in21 strument; and 

22 ‘‘(B) may be a corporation, partnership, 

23 joint venture, trust, or governmental entity, 

24 agency, or instrumentality. 

25 ‘‘(11) PROJECT.—The term ‘project’ means— 


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1 ‘‘(A) any surface transportation project eli2 gible for Federal assistance under this title or 

3 chapter 53 of title 49; 

4 ‘‘(B) a project for an international bridge 

5 or tunnel for which an international entity au6 thorized under Federal or State law is respon7 sible; 

8 ‘‘(C) a project for intercity passenger bus 

9 or rail facilities and vehicles, including facilities 

10 and vehicles owned by the National Railroad 

11 Passenger Corporation and components of mag12 netic levitation transportation systems; and 

13 ‘‘(D) a project that— 

14 ‘‘(i) is a project— 

15 ‘‘(I) for a public freight rail facil16 ity or a private facility providing pub17 lic benefit for highway users by way of 

18 direct freight interchange between 

19 highway and rail carriers; 

20 ‘‘(II) for an intermodal freight 

21 transfer facility; 

22 ‘‘(III) for a means of access to a 

23 facility described in subclause (I) or 

24 (II); 


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1 ‘‘(IV) for a service improvement 

2 for a facility described in subclause 

3 (I) or (II) (including a capital invest4 ment for an intelligent transportation 

5 system); or 

6 ‘‘(V) that comprises a series of 

7 projects described in subclauses (I) 

8 through (IV) with the common objec9 tive of improving the flow of goods; 

10 ‘‘(ii) may involve the combining of pri11 vate and public sector funds, including in12 vestment of public funds in private sector 

13 facility improvements; 

14 ‘‘(iii) if located within the boundaries 

15 of a port terminal, includes only such sur16 face transportation infrastructure modi17 fications as are necessary to facilitate di18 rect intermodal interchange, transfer, and 

19 access into and out of the port; and 

20 ‘‘(iv) is composed of related highway, 

21 surface transportation, transit, rail, or 

22 intermodal capital improvement projects el23 igible for assistance under this subsection 

24 in order to meet the eligible project cost 

25 threshold under section 602, by grouping 


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1 related projects together for that purpose, 

2 on the condition that the credit assistance 

3 for the projects is secured by a common 

4 pledge. 

5 ‘‘(12) PROJECT OBLIGATION.—The term 

6 ‘project obligation’ means any note, bond, debenture, 

7 or other debt obligation issued by an obligor in con8 nection with the financing of a project, other than 

9 a Federal credit instrument. 

10 ‘‘(13) RATING AGENCY.—The term ‘rating 

11 agency’ means a credit rating agency registered with 

12 the Securities and Exchange Commission as a na13 tionally recognized statistical rating organization (as 

14 that term is defined in section 3(a) of the Securities 

15 Exchange Act of 1934 (15 U.S.C. 78c(a))). 

16 ‘‘(14) RURAL INFRASTRUCTURE PROJECT.— 

17 The term ‘rural infrastructure project’ means a sur18 face transportation infrastructure project located in 

19 any area other than an urbanized area that has a 

20 population of greater than 200,000 inhabitants. 

21 ‘‘(15) SECURED LOAN.—The term ‘secured 

22 loan’ means a direct loan or other debt obligation 

23 issued by an obligor and funded by the Secretary in 

24 connection with the financing of a project under sec25 tion 603. 


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1 ‘‘(16) STATE.—The term ‘State’ has the mean2 ing given the term in section 101. 

3 ‘‘(17) SUBSIDY AMOUNT.—The term ‘subsidy 

4 amount’ means the amount of budget authority suf5 ficient to cover the estimated long-term cost to the 

6 Federal Government of a Federal credit instrument, 

7 calculated on a net present value basis, excluding 

8 administrative costs and any incidental effects on 

9 governmental receipts or outlays in accordance with 

10 the Federal Credit Reform Act of 1990 (2 U.S.C. 

11 661 et seq.). 

12 ‘‘(18) SUBSTANTIAL COMPLETION.—The term 

13 ‘substantial completion’ means— 

14 ‘‘(A) the opening of a project to vehicular 

15 or passenger traffic; or 

16 ‘‘(B) a comparable event, as determined by 

17 the Secretary and specified in the credit agree18 ment. 

19 ‘‘(19) TIFIA PROGRAM.—The term ‘TIFIA 

20 program’ means the transportation infrastructure fi21 nance and innovation program of the Department. 

22 ‘‘(b) TREATMENT OF CHAPTER.—For purposes of 

23 this title, this chapter shall be treated as being part of 

24 chapter 1. 


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1 ‘‘§ 602. Determination of eligibility and project selec2 tion 

3 ‘‘(a) ELIGIBILITY.—A project shall be eligible to re4 ceive credit assistance under this chapter if the entity pro5 posing to carry out the project submits a letter of interest 

6 prior to submission of a formal application for the project, 

7 and the project meets the following criteria: 

8 ‘‘(1) CREDITWORTHINESS.— 

9 ‘‘(A) IN GENERAL.—The project shall sat10 isfy applicable creditworthiness standards, 

11 which, at a minimum, includes— 

12 ‘‘(i) a rate covenant, if applicable; 

13 ‘‘(ii) adequate coverage requirements 

14 to ensure repayment; 

15 ‘‘(iii) an investment grade rating from 

16 at least 2 rating agencies on debt senior to 

17 the Federal credit instrument; and 

18 ‘‘(iv) a rating from at least 2 rating 

19 agencies on the Federal credit instrument, 

20 subject to the condition that, with respect 

21 to clauses (ii) and (iii), if the senior debt 

22 and Federal credit instrument is for an 

23 amount less than $75,000,000 or for a 

24 rural infrastructure project or intelligent 

25 transportation systems project, 1 rating 

26 agency opinion for each of the senior debt 


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1 and Federal credit instrument shall be suf2 ficient. 

3 ‘‘(B) SENIOR DEBT.—Notwithstanding 

4 subparagraph (A), in a case in which the Fed5 eral credit instrument is the senior debt, the 

6 Federal credit instrument shall be required to 

7 receive an investment grade rating from at least 

8 2 rating agencies, unless the credit instrument 

9 is for a rural infrastructure project or intel10 ligent transportation systems project, in which 

11 case 1 rating agency opinion shall be sufficient. 

12 ‘‘(2) INCLUSION IN TRANSPORTATION PLANS

13 AND PROGRAMS.—The project shall satisfy the appli14 cable planning and programming requirements of 

15 sections 134 and 135 at such time as an agreement 

16 to make available a Federal credit instrument is en17 tered into under this chapter. 

18 ‘‘(3) APPLICATION.—A State, local government, 

19 public authority, public-private partnership, or any 

20 other legal entity undertaking the project and au21 thorized by the Secretary, shall submit a project ap22 plication acceptable to the Secretary. 

23 ‘‘(4) ELIGIBLE PROJECT COSTS.— 

24 ‘‘(A) IN GENERAL.—Except as provided in 

25 subparagraph (B), to be eligible for assistance 


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1 under this chapter, a project shall have eligible 

2 project costs that are reasonably anticipated to 

3 equal or exceed the lesser of— 

4 ‘‘(i)(I) $50,000,000; or 

5 ‘‘(II) in the case of a rural infrastruc6 ture project, $25,000,000; or 

‘‘(ii) 331 7 ⁄3 percent of the amount of 

8 Federal highway assistance funds appor9 tioned for the most recently completed fis10 cal year to the State in which the project 

11 is located. 

12 ‘‘(B) INTELLIGENT TRANSPORTATION SYS13 TEM PROJECTS.—In the case of a project prin14 cipally involving the installation of an intelligent 

15 transportation system, eligible project costs 

16 shall be reasonably anticipated to equal or ex17 ceed $15,000,000. 

18 ‘‘(5) DEDICATED REVENUE SOURCES.—The 

19 Federal credit instrument shall be repayable, in 

20 whole or in part, from tolls, user fees, or other dedi21 cated revenue sources that also secure the project 

22 obligations. 

23 ‘‘(6) PUBLIC SPONSORSHIP OF PRIVATE ENTI24 TIES.—In the case of a project that is undertaken 

25 by an entity that is not a State or local government 


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1 or an agency or instrumentality of a State or local 

2 government, the project that the entity is under3 taking shall be publicly sponsored as provided in 

4 paragraph (2). 

5 ‘‘(b) SELECTION AMONG ELIGIBLE PROJECTS.— 

6 ‘‘(1) ESTABLISHMENT.—The Secretary shall es7 tablish a rolling application process in which projects 

8 that are eligible to receive credit assistance under 

9 subsection (a) shall receive credit assistance on 

10 terms acceptable to the Secretary, if adequate funds 

11 are available to cover the subsidy costs associated 

12 with the Federal credit instrument. 

13 ‘‘(2) ADEQUATE FUNDING NOT AVAILABLE.— 

14 ‘‘(A) IN GENERAL.—If the Secretary fully 

15 obligates funding to eligible projects in a given 

16 fiscal year, and adequate funding is not avail17 able to fund a credit instrument, a project 

18 sponsor of an eligible project may elect to enter 

19 into a master credit agreement and wait until 

20 the following fiscal year to receive credit assist21 ance, or pay its own credit subsidy to permit an 

22 obligation. 

23 ‘‘(B) USE OF FUNDS.—A project sponsor 

24 may use any eligible funds apportioned under 

25 chapter 1 of this title or chapter 53 of title 49 


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1 to pay a credit subsidy described in subpara2 graph (A). 

3 ‘‘(3) PRELIMINARY RATING OPINION LETTER.— 

4 The Secretary shall require each project applicant to 

5 provide a preliminary rating opinion letter from at 

6 least 1 rating agency— 

7 ‘‘(A) indicating that the senior obligations 

8 of the project, which may be the Federal credit 

9 instrument, have the potential to achieve an in10 vestment-grade rating; and 

11 ‘‘(B) including a preliminary rating opin12 ion on the Federal credit instrument. 

13 ‘‘(c) FEDERAL REQUIREMENTS.— 

14 ‘‘(1) IN GENERAL.—In addition to the require15 ments of this title for highway projects, chapter 53 

16 of title 49 for transit projects, and section 5333(a) 

17 of title 49 for rail projects, the following provisions 

18 of law shall apply to funds made available under this 

19 chapter and projects assisted with the funds: 

20 ‘‘(A) Title VI of the Civil Rights Act of 

21 1964 (42 U.S.C. 2000d et seq.). 

22 ‘‘(B) The National Environmental Policy 

23 Act of 1969 (42 U.S.C. 4321 et seq.). 


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1 ‘‘(C) The Uniform Relocation Assistance 

2 and Real Property Acquisition Policies Act of 

3 1970 (42 U.S.C. 4601 et seq.). 

4 ‘‘(2) NEPA.—No funding shall be obligated for 

5 a project that has not received an environmental 

6 Categorical Exclusion, Finding of No Significant 

7 Impact, or Record of Decision under the National 

8 Environmental Policy Act of 1969 (42 U.S.C. 4321 

9 et seq.). 

10 ‘‘§ 603. Secured loans 

11 ‘‘(a) IN GENERAL.— 

12 ‘‘(1) AGREEMENTS.—Subject to paragraphs (2) 

13 through (4), the Secretary may enter into agree14 ments with 1 or more obligors to make secured 

15 loans, the proceeds of which shall be used— 

16 ‘‘(A) to finance eligible project costs of any 

17 project selected under section 602; 

18 ‘‘(B) to refinance interim construction fi19 nancing of eligible project costs of any project 

20 selected under section 602; or 

21 ‘‘(C) to refinance long-term project obliga22 tions or Federal credit instruments if the refi23 nancing provides additional funding capacity for 

24 the completion, enhancement, or expansion of 

25 any project that— 


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1 ‘‘(i) is selected under section 602; or 

2 ‘‘(ii) otherwise meets the requirements 

3 of section 602. 

4 ‘‘(2) LIMITATION ON REFINANCING OF INTERIM

5 CONSTRUCTION FINANCING.—A loan under para6 graph (1) shall not refinance interim construction fi7 nancing under paragraph (1)(B) later than 1 year 

8 after the date of substantial completion of the 

9 project. 

10 ‘‘(3) RISK ASSESSMENT.—Before entering into 

11 an agreement under this subsection, the Secretary, 

12 in consultation with the Director of the Office of 

13 Management and Budget, shall determine an appro14 priate capital reserve subsidy amount for each se15 cured loan, taking into account each rating letter 

16 provided by an agency under section 602(b)(3)(B). 

17 ‘‘(b) TERMS AND LIMITATIONS.— 

18 ‘‘(1) IN GENERAL.—A secured loan under this 

19 section with respect to a project shall be on such 

20 terms and conditions and contain such covenants, 

21 representations, warranties, and requirements (in22 cluding requirements for audits) as the Secretary de23 termines appropriate. 

24 ‘‘(2) MAXIMUM AMOUNT.—The amount of the 

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1 cent of the reasonably anticipated eligible project 

2 costs or, if the secured loan does not receive an in3 vestment grade rating, the amount of the senior 

4 project obligations. 

5 ‘‘(3) PAYMENT.—The secured loan— 

6 ‘‘(A) shall— 

7 ‘‘(i) be payable, in whole or in part, 

8 from tolls, user fees, or other dedicated 

9 revenue sources that also secure the senior 

10 project obligations; and 

11 ‘‘(ii) include a rate covenant, coverage 

12 requirement, or similar security feature 

13 supporting the project obligations; and 

14 ‘‘(B) may have a lien on revenues de15 scribed in subparagraph (A) subject to any lien 

16 securing project obligations. 

17 ‘‘(4) INTEREST RATE.— 

18 ‘‘(A) IN GENERAL.—Except as provided in 

19 subparagraphs (B) and (C), the interest rate on 

20 the secured loan shall be not less than the yield 

21 on United States Treasury securities of a simi22 lar maturity to the maturity of the secured loan 

23 on the date of execution of the loan agreement. 

24 ‘‘(B) RURAL INFRASTRUCTURE

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1 structure project under this chapter shall be at 

1 2 ⁄2 of the Treasury Rate. 

3 ‘‘(C) LIMITED BUYDOWNS.—A limited 

4 buydown is subject to the following conditions: 

5 ‘‘(i) The interest rate under the agree6 ment may not be lowered by more than the 

7 lower of— 

‘‘(I) 11 8 ⁄2 percentage points (150 

9 basis points); or 

10 ‘‘(II) the amount of the increase 

11 in the interest rate. 

12 ‘‘(ii) The Secretary may pay up to 50 

13 percent of the cost of the limited buydown, 

14 and the obligor shall pay the balance of the 

15 cost of the limited buydown. 

16 ‘‘(iii) Not more than 5 percent of the 

17 funding made available annually to carry 

18 out this chapter may be used to carry out 

19 limited buydowns. 

20 ‘‘(5) MATURITY DATE.—The final maturity 

21 date of the secured loan shall be the lesser of— 

22 ‘‘(A) 35 years after the date of substantial 

23 completion of the project; or 


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1 ‘‘(B) if the useful life of the capital asset 

2 being financed is of a lesser period, the useful 

3 life of the asset. 

4 ‘‘(6) NONSUBORDINATION.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraphs (B) and (C), the secured loan 

7 shall not be subordinated to the claims of any 

8 holder of project obligations in the event of 

9 bankruptcy, insolvency, or liquidation of the ob10 ligor. 

11 ‘‘(B) PRE-EXISTING INDENTURE.— 

12 ‘‘(i) IN GENERAL.—The Secretary 

13 shall waive subparagraph (A) for public 

14 agency borrowers that are financing ongo15 ing capital programs and have outstanding 

16 senior bonds under a pre-existing inden17 ture, if— 

18 ‘‘(I) the secured loan is rated in 

19 the A-category or higher; 

20 ‘‘(II) the secured loan is secured 

21 and payable from pledged revenues 

22 not affected by project performance, 

23 such as a tax-backed revenue pledge 

24 or a system-backed pledge of project 

25 revenues; and 


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1 ‘‘(III) the TIFIA program share 

2 of eligible project costs is 33 percent 

3 or less. 

4 ‘‘(ii) LIMITATION.—If the Secretary 

5 waives the nonsubordination requirement 

6 under this subparagraph— 

7 ‘‘(I) the maximum credit subsidy 

8 that will be paid by the Federal Gov9 ernment shall be limited to 10 percent 

10 of the principal amount of the secured 

11 loan; and 

12 ‘‘(II) the obligor shall be respon13 sible for paying the remainder of the 

14 subsidy cost. 

15 ‘‘(7) FEES.—The Secretary may establish fees 

16 at a level sufficient to cover all or a portion of the 

17 costs to the Federal Government of making a se18 cured loan under this section. 

19 ‘‘(8) NON-FEDERAL SHARE.—The proceeds of a 

20 secured loan under this chapter may be used for any 

21 non-Federal share of project costs required under 

22 this title or chapter 53 of title 49, if the loan is re23 payable from non-Federal funds. 

24 ‘‘(9) MAXIMUM FEDERAL INVOLVEMENT.—The 

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1 ing a loan under this chapter shall not exceed 80 

2 percent of the total project cost. 

3 ‘‘(c) REPAYMENT.— 

4 ‘‘(1) SCHEDULE.—The Secretary shall establish 

5 a repayment schedule for each secured loan under 

6 this section based on the projected cash flow from 

7 project revenues and other repayment sources, and 

8 the useful life of the project. 

9 ‘‘(2) COMMENCEMENT.—Scheduled loan repay10 ments of principal or interest on a secured loan 

11 under this section shall commence not later than 5 

12 years after the date of substantial completion of the 

13 project. 

14 ‘‘(3) DEFERRED PAYMENTS.— 

15 ‘‘(A) AUTHORIZATION.—If, at any time 

16 after the date of substantial completion of the 

17 project, the project is unable to generate suffi18 cient revenues to pay the scheduled loan repay19 ments of principal and interest on the secured 

20 loan, the Secretary may, subject to subpara21 graph (C), allow the obligor to add unpaid prin22 cipal and interest to the outstanding balance of 

23 the secured loan. 

24 ‘‘(B) INTEREST.—Any payment deferred 

25 under subparagraph (A) shall— 


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1 ‘‘(i) continue to accrue interest in ac2 cordance with subsection (b)(4) until fully 

3 repaid; and 

4 ‘‘(ii) be scheduled to be amortized 

5 over the remaining term of the loan. 

6 ‘‘(C) CRITERIA.— 

7 ‘‘(i) IN GENERAL.—Any payment de8 ferral under subparagraph (A) shall be 

9 contingent on the project meeting criteria 

10 established by the Secretary. 

11 ‘‘(ii) REPAYMENT STANDARDS.—The 

12 criteria established under clause (i) shall 

13 include standards for reasonable assurance 

14 of repayment. 

15 ‘‘(4) PREPAYMENT.— 

16 ‘‘(A) USE OF EXCESS REVENUES.—Any 

17 excess revenues that remain after satisfying 

18 scheduled debt service requirements on the 

19 project obligations and secured loan and all de20 posit requirements under the terms of any trust 

21 agreement, bond resolution, or similar agree22 ment securing project obligations may be ap23 plied annually to prepay the secured loan with24 out penalty. 


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1 ‘‘(B) USE OF PROCEEDS OF REFI2 NANCING.—The secured loan may be prepaid at 

3 any time without penalty from the proceeds of 

4 refinancing from non-Federal funding sources. 

5 ‘‘(d) SALE OF SECURED LOANS.— 

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

7 as soon as practicable after substantial completion of 

8 a project and after notifying the obligor, the Sec9 retary may sell to another entity or reoffer into the 

10 capital markets a secured loan for the project if the 

11 Secretary determines that the sale or reoffering can 

12 be made on favorable terms. 

13 ‘‘(2) CONSENT OF OBLIGOR.—In making a sale 

14 or reoffering under paragraph (1), the Secretary 

15 may not change the original terms and conditions of 

16 the secured loan without the written consent of the 

17 obligor. 

18 ‘‘(e) LOAN GUARANTEES.— 

19 ‘‘(1) IN GENERAL.—The Secretary may provide 

20 a loan guarantee to a lender in lieu of making a se21 cured loan if the Secretary determines that the 

22 budgetary cost of the loan guarantee is substantially 

23 the same as that of a secured loan. 

24 ‘‘(2) TERMS.—The terms of a guaranteed loan 

25 shall be consistent with the terms set forth in this 


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1 section for a secured loan, except that the rate on 

2 the guaranteed loan and any prepayment features 

3 shall be negotiated between the obligor and the lend4 er, with the consent of the Secretary. 

5 ‘‘§ 604. Lines of credit 

6 ‘‘(a) IN GENERAL.— 

7 ‘‘(1) AGREEMENTS.—Subject to paragraphs (2) 

8 through (4), the Secretary may enter into agree9 ments to make available lines of credit to 1 or more 

10 obligors in the form of direct loans to be made by 

11 the Secretary at future dates on the occurrence of 

12 certain events for any project selected under section 

13 602. 

14 ‘‘(2) USE OF PROCEEDS.—The proceeds of a 

15 line of credit made available under this section shall 

16 be available to pay debt service on project obliga17 tions issued to finance eligible project costs, extraor18 dinary repair and replacement costs, operation and 

19 maintenance expenses, and costs associated with un20 expected Federal or State environmental restrictions. 

21 ‘‘(3) RISK ASSESSMENT.—Before entering into 

22 an agreement under this subsection, the Secretary, 

23 in consultation with the Director of the Office of 

24 Management and Budget and each rating agency 

25 providing a preliminary rating opinion letter under 


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1 section 602(b)(3), shall determine an appropriate 

2 capital reserve subsidy amount for each line of cred3 it, taking into account the rating opinion letter. 

4 ‘‘(4) INVESTMENT-GRADE RATING REQUIRE5 MENT.—The funding of a line of credit under this 

6 section shall be contingent on the senior obligations 

7 of the project receiving an investment-grade rating 

8 from 2 rating agencies. 

9 ‘‘(b) TERMS AND LIMITATIONS.— 

10 ‘‘(1) IN GENERAL.—A line of credit under this 

11 section with respect to a project shall be on such 

12 terms and conditions and contain such covenants, 

13 representations, warranties, and requirements (in14 cluding requirements for audits) as the Secretary de15 termines appropriate. 

16 ‘‘(2) MAXIMUM AMOUNTS.—The total amount 

17 of the line of credit shall not exceed 33 percent of 

18 the reasonably anticipated eligible project costs. 

19 ‘‘(3) DRAWS.—Any draw on the line of credit 

20 shall represent a direct loan and shall be made only 

21 if net revenues from the project (including capital22 ized interest but not including reasonably required 

23 financing reserves) are insufficient to pay the costs 

24 specified in subsection (a)(2). 


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1 ‘‘(4) INTEREST RATE.—Except as otherwise 

2 provided in subparagraphs (B) and (C) of section 

3 603(b)(4), the interest rate on a direct loan result4 ing from a draw on the line of credit shall be not 

5 less than the yield on 30-year United States Treas6 ury securities as of the date of execution of the line 

7 of credit agreement. 

8 ‘‘(5) SECURITY.—The line of credit— 

9 ‘‘(A) shall— 

10 ‘‘(i) be payable, in whole or in part, 

11 from tolls, user fees, or other dedicated 

12 revenue sources that also secure the senior 

13 project obligations; and 

14 ‘‘(ii) include a rate covenant, coverage 

15 requirement, or similar security feature 

16 supporting the project obligations; and 

17 ‘‘(B) may have a lien on revenues de18 scribed in subparagraph (A) subject to any lien 

19 securing project obligations. 

20 ‘‘(6) PERIOD OF AVAILABILITY.—The full 

21 amount of the line of credit, to the extent not drawn 

22 upon, shall be available during the period beginning 

23 on the date of substantial completion of the project 

24 and ending not later than 10 years after that date. 

25 ‘‘(7) RIGHTS OF THIRD-PARTY CREDITORS.— 


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1 ‘‘(A) AGAINST FEDERAL GOVERNMENT.—A 

2 third-party creditor of the obligor shall not have 

3 any right against the Federal Government with 

4 respect to any draw on the line of credit. 

5 ‘‘(B) ASSIGNMENT.—An obligor may as6 sign the line of credit to 1 or more lenders or 

7 to a trustee on the behalf of the lenders. 

8 ‘‘(8) NONSUBORDINATION.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraphs (B) and (C), a direct loan under 

11 this section shall not be subordinated to the 

12 claims of any holder of project obligations in 

13 the event of bankruptcy, insolvency, or liquida14 tion of the obligor. 

15 ‘‘(B) PRE-EXISTING INDENTURE.— 

16 ‘‘(i) IN GENERAL.—The Secretary 

17 shall waive subparagraph (A) for public 

18 agency borrowers that are financing ongo19 ing capital programs and have outstanding 

20 senior bonds under a pre-existing inden21 ture, if— 

22 ‘‘(I) the line of credit is rated in 

23 the A-category or higher; 

24 ‘‘(II) the TIFIA program loan 

25 resulting from a draw on the line of 


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1 credit is payable from pledged reve2 nues not affected by project perform3 ance, such as a tax-backed revenue 

4 pledge or a system-backed pledge of 

5 project revenues; and 

6 ‘‘(III) the TIFIA program share 

7 of eligible project costs is 33 percent 

8 or less. 

9 ‘‘(ii) LIMITATION.—If the Secretary 

10 waives the nonsubordination requirement 

11 under this subparagraph— 

12 ‘‘(I) the maximum credit subsidy 

13 that will be paid by the Federal Gov14 ernment shall be limited to 10 percent 

15 of the principal amount of the secured 

16 loan; and 

17 ‘‘(II) the obligor shall be respon18 sible for paying the remainder of the 

19 subsidy cost. 

20 ‘‘(9) FEES.—The Secretary may establish fees 

21 at a level sufficient to cover all or a portion of the 

22 costs to the Federal Government of providing a line 

23 of credit under this section. 

24 ‘‘(10) RELATIONSHIP TO OTHER CREDIT IN25 STRUMENTS.—A project that receives a line of credit 


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1 under this section shall not also receive a secured 

2 loan or loan guarantee under section 603 in an 

3 amount that, combined with the amount of the line 

4 of credit, exceeds 49 percent of eligible project costs. 

5 ‘‘(c) REPAYMENT.— 

6 ‘‘(1) TERMS AND CONDITIONS.—The Secretary 

7 shall establish repayment terms and conditions for 

8 each direct loan under this section based on the pro9 jected cash flow from project revenues and other re10 payment sources, and the useful life of the asset 

11 being financed. 

12 ‘‘(2) TIMING.—All repayments of principal or 

13 interest on a direct loan under this section shall be 

14 scheduled to commence not later than 5 years after 

15 the end of the period of availability specified in sub16 section (b)(6) and to conclude, with full repayment 

17 of principal and interest, by the date that is 25 

18 years after the end of the period of availability speci19 fied in subsection (b)(6). 

20 ‘‘§ 605. Program administration 

21 ‘‘(a) REQUIREMENT.—The Secretary shall establish 

22 a uniform system to service the Federal credit instruments 

23 made available under this chapter. 


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1 ‘‘(b) FEES.—The Secretary may collect and spend 

2 fees, contingent upon authority being provided in appro3 priations Acts, at a level that is sufficient to cover— 

4 ‘‘(1) the costs of services of expert firms re5 tained pursuant to subsection (d); and 

6 ‘‘(2) all or a portion of the costs to the Federal 

7 Government of servicing the Federal credit instru8 ments. 

9 ‘‘(c) SERVICER.— 

10 ‘‘(1) IN GENERAL.—The Secretary may appoint 

11 a financial entity to assist the Secretary in servicing 

12 the Federal credit instruments. 

13 ‘‘(2) DUTIES.—The servicer shall act as the 

14 agent for the Secretary. 

15 ‘‘(3) FEE.—The servicer shall receive a serv16 icing fee, subject to approval by the Secretary. 

17 ‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Sec18 retary may retain the services of expert firms, including 

19 counsel, in the field of municipal and project finance to 

20 assist in the underwriting and servicing of Federal credit 

21 instruments. 

22 ‘‘§ 606. State and local permits 

23 ‘‘The provision of credit assistance under this chapter 

24 with respect to a project shall not— 


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1 ‘‘(1) relieve any recipient of the assistance of 

2 any obligation to obtain any required State or local 

3 permit or approval with respect to the project; 

4 ‘‘(2) limit the right of any unit of State or local 

5 government to approve or regulate any rate of re6 turn on private equity invested in the project; or 

7 ‘‘(3) otherwise supersede any State or local law 

8 (including any regulation) applicable to the construc9 tion or operation of the project. 

10 ‘‘§ 607. Regulations 

11 ‘‘The Secretary may promulgate such regulations as 

12 the Secretary determines appropriate to carry out this 

13 chapter. 

14 ‘‘§ 608. Funding 

15 ‘‘(a) FUNDING.— 

16 ‘‘(1) SPENDING AND BORROWING AUTHOR17 ITY.—Spending and borrowing authority for a fiscal 

18 year to enter into Federal credit instruments shall 

19 be promptly apportioned to the Secretary on a fiscal 

20 year basis. 

21 ‘‘(2) REESTIMATES.—When the estimated cost 

22 of a loan or loans is reestimated, the cost of the re23 estimate shall be borne by or benefit the general 

24 fund of the Treasury, consistent with section 661c(f) 

25 of title 2, United States Code. 


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1 ‘‘(3) RURAL SET-ASIDE.— 

2 ‘‘(A) IN GENERAL.—Of the total amount 

3 of funds made available to carry out this chap4 ter for each fiscal year, 10 percent shall be set 

5 aside for rural infrastructure projects. 

6 ‘‘(B) REOBLIGATION.—Any amounts set 

7 aside under subparagraph (A) that remain un8 obligated by June 1 of the fiscal year for which 

9 the amounts were set aside shall be available 

10 for obligation by the Secretary on projects other 

11 than rural infrastructure projects. 

12 ‘‘(4) REDISTRIBUTION OF AUTHORIZED FUND13 ING.— 

14 ‘‘(A) IN GENERAL.—Beginning for the sec15 ond fiscal year after the date of enactment of 

16 this paragraph, on August 1 of that fiscal year, 

17 and each fiscal year thereafter, if the unobli18 gated and uncommitted balance of funding 

19 available exceeds 150 percent of the amount 

20 made available to carry out this chapter for 

21 that fiscal year, the Secretary shall distribute to 

22 the States the amount of funds and associated 

23 obligation authority in excess of that amount. 

24 ‘‘(B) DISTRIBUTION.—The amounts and 

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1 graph shall be distributed, in the same manner 

2 as obligation authority is distributed to the 

3 States for the fiscal year, based on the propor4 tion that— 

5 ‘‘(i) the relative share of each State of 

6 obligation authority for the fiscal year; 

7 bears to 

8 ‘‘(ii) the total amount of obligation 

9 authority distributed to all States for the 

10 fiscal year. 

11 ‘‘(C) PURPOSE.—Funds distributed under 

12 subparagraph (B) shall be available for any 

13 purpose described in section 133(c). 

14 ‘‘(5) AVAILABILITY.—Amounts made available 

15 to carry out this chapter shall remain available until 

16 expended. 

17 ‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts 

18 made available to carry out this chapter, the Sec19 retary may use not more than 1 percent for each fis20 cal year for the administration of this chapter. 

21 ‘‘(b) CONTRACT AUTHORITY.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding any other 

23 provision of law, execution of a term sheet by the 

24 Secretary of a Federal credit instrument that uses 

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1 pose on the United States a contractual obligation to 

2 fund the Federal credit investment. 

3 ‘‘(2) AVAILABILITY.—Amounts made available 

4 to carry out this chapter for a fiscal year shall be 

5 available for obligation on October 1 of the fiscal 

6 year. 

7 ‘‘§ 609. Reports to Congress 

8 ‘‘On June 1, 2012, and every 2 years thereafter, the 

9 Secretary shall submit to Congress a report summarizing 

10 the financial performance of the projects that are receiv11 ing, or have received, assistance under this chapter (other 

12 than section 610), including a recommendation as to 

13 whether the objectives of this chapter (other than section 

14 610) are best served— 

15 ‘‘(1) by continuing the program under the au16 thority of the Secretary; 

17 ‘‘(2) by establishing a Federal corporation or 

18 federally sponsored enterprise to administer the pro19 gram; or 

20 ‘‘(3) by phasing out the program and relying on 

21 the capital markets to fund the types of infrastruc22 ture investments assisted by this chapter (other than 

23 section 610) without Federal participation.’’. 


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1 SEC. 3003. STATE INFRASTRUCTURE BANKS. 

2 Section 610(d)(1)(A) of title 23, United States Code, 

3 is amended by striking ‘‘sections 104(b)(1)’’ and all that 

4 follows though the semicolon and inserting ‘‘paragraphs 

5 (1) and (2) of section 104(b)’’. 

6 TITLE IV—HIGHWAY SPENDING 

7 CONTROLS 

8 SEC. 4001. HIGHWAY SPENDING CONTROLS. 

9 (a) IN GENERAL.—Title 23, United States Code, is 

10 amended by adding at the end the following: 

CHAPTER 7—HIGHWAY SPENDING CONTROLS

Sec. 

701. Solvency of Highway Account of the Highway Trust Fund. 

11 ‘‘SEC. 701. SOLVENCY OF HIGHWAY ACCOUNT OF THE HIGH12 WAY TRUST FUND. 

13 ‘‘(a) SOLVENCY CALCULATION FOR FISCAL YEAR

14 2012.—Not later than 60 days after the date of enactment 

15 of the MAP–21, the Secretary, in consultation with the 

16 Secretary of Treasury, shall— 

17 ‘‘(1) estimate the balance of the Highway Trust 

18 Fund (other than the Mass Transit Account) at the 

19 end of such fiscal year and the end of the next fiscal 

20 year, for purposes of which estimation the Secretary 

21 shall assume that the obligation limitation on Fed22 eral-aid highways and highway safety construction 

23 programs is equal to the obligation limitations en24 acted for those fiscal years in the MAP–21; 


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1 ‘‘(2) determine if the estimated balance of the 

2 Highway Trust Fund (other than the Mass Transit 

3 Account) would fall below— 

4 ‘‘(A) $2,000,000,000 at the end of the fis5 cal year for which the obligation limitation is 

6 being distributed; or 

7 ‘‘(B) $1,000,000,000 at the end of the 

8 next fiscal year; 

9 ‘‘(3) if either of the conditions in paragraph (1) 

10 would occur, calculate the amount by which the obli11 gation limitation in the fiscal year for which the obli12 gation limitation is being distributed must be re13 duced to prevent such occurrence, for purposes of 

14 which calculation the Secretary shall assume that 

15 the obligation limitation on Federal-aid highways 

16 and highway safety construction programs for the 

17 next fiscal year is equal to the obligation limitation 

18 for the fiscal year for which the limitation is being 

19 distributed as reduced pursuant to this subpara20 graph; 

21 ‘‘(4) distribute such obligation limitation, less 

22 any amount determined under paragraph (3); 

23 ‘‘(5) ensure that any obligation limitation that 

24 is withheld from distribution pursuant to paragraph 


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1 (3) shall lapse immediately following the distribution 

2 of obligation limitation under paragraph (4); and 

3 ‘‘(6) upon the lapse of any obligation limitation 

4 under paragraph (5), reduce proportionately the 

5 amount of sums authorized to be appropriated from 

6 the Highway Trust Fund (other than the Mass 

7 Transit Account) for such fiscal year to carry out 

8 each of the Federal-aid highway and highway safety 

9 construction programs (other than emergency relief) 

10 by an aggregate amount equal to the amount deter11 mined pursuant to such paragraph. The amounts 

12 withheld pursuant to this paragraph are perma13 nently rescinded. 

14 ‘‘(b) SOLVENCY CALCULATION FOR FISCAL YEAR

15 2013 AND FISCAL YEARS THEREAFTER.— 

16 ‘‘(1) ADJUSTMENT OF OBLIGATION LIMITA17 TION.—Except as provided in paragraph (2), in dis18 tributing the obligation limitation on Federal-aid 

19 highways and highway safety construction programs 

20 for fiscal year 2013 and each fiscal year thereafter, 

21 the Secretary shall— 

22 ‘‘(A) estimate the balance of the Highway 

23 Trust Fund (other than the Mass Transit Ac24 count) at the end of such fiscal year and the 

25 end of the next fiscal year, for purposes of 


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1 which estimation, the Secretary shall assume 

2 that the obligation limitation on Federal-aid 

3 highways and highway safety construction pro4 grams for the next fiscal year is equal to the 

5 obligation limitation enacted for the fiscal year 

6 for which the limitation is being distributed; 

7 ‘‘(B) determine if the estimated balance of 

8 the Highway Trust Fund (other than the Mass 

9 Transit Account) would fall below— 

10 ‘‘(i) $2,000,000,000 at the end of the 

11 fiscal year for which the obligation limita12 tion is being distributed; or 

13 ‘‘(ii) $1,000,000,000 at the end of the 

14 next fiscal year; 

15 ‘‘(C) if either of the conditions in subpara16 graph (B) would occur, calculate the amount by 

17 which the obligation limitation in the fiscal year 

18 for which the obligation limitation is being dis19 tributed must be reduced to prevent such occur20 rence; and 

21 ‘‘(D) distribute such obligation limitation 

22 less any amount determined under subpara23 graph (C). 

24 ‘‘(2) LAPSE AND RESCISSION.— 

25 ‘‘(A) OBLIGATION LIMITATION.— 


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1 ‘‘(i) RECALCULATION.—In a fiscal 

2 year in which the Secretary withholds obli3 gation limitation based on the calculation 

4 under paragraph (1), the Secretary shall, 

5 on March 1 of such fiscal year, repeat the 

6 calculations under subparagraphs (A) 

7 through (C) of such paragraph. Based on 

8 the results of those calculations, the Sec9 retary shall— 

10 ‘‘(I) if the Secretary determines 

11 that either of the conditions in para12 graph (1)(B) would occur, withdraw 

13 an additional amount of obligation 

14 limitation necessary to prevent such 

15 occurrence; or 

16 ‘‘(II) distribute as much of the 

17 withheld obligation limitation as may 

18 be distributed without causing either 

19 of the conditions specified in para20 graph (1)(B) to occur. 

21 ‘‘(ii) LAPSE.—Any obligation limita22 tion that is enacted for a fiscal year, with23 held from distribution pursuant to para24 graph (1)(D) (or withdrawn under clause 

25 (i)(I)), and not subsequently distributed 


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1 under clause (i)(II) shall lapse immediately 

2 following the distribution of obligation lim3 itation under such paragraph. 

4 ‘‘(B) CONTRACT AUTHORITY.— 

5 ‘‘(i) IN GENERAL.—Upon the lapse of 

6 any obligation limitation under subpara7 graph (A)(ii), an equal amount of the un8 obligated balances of funds apportioned 

9 among the States under chapter 1 and sec10 tions 1116, 1303, and 1404 of the 

11 SAFETEA–LU (119 Stat. 1177, 1207, 

12 and 1228) are permanently rescinded. In 

13 administering the rescission required under 

14 this subparagraph, the Secretary shall 

15 allow each State to determine the amount 

16 of the required rescission to be drawn from 

17 the programs to which the rescission ap18 plies, except as provided in clause (ii). 

19 ‘‘(ii) RESCISSION OF FUNDS APPOR20 TIONED IN FISCAL YEAR 2013 AND FISCAL

21 YEARS THEREAFTER.—If a State deter22 mines that it will meet any of its required 

23 rescission amount from funds apportioned 

24 to such State on or subsequent to October 

25 1, 2012, the Secretary shall determine the 


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1 amount to be rescinded from each of the 

2 programs subject to the rescission for 

3 which the State was apportioned funds on 

4 or subsequent to October 1, 2012, in pro5 portion to the cumulative amount of appor6 tionments that the State received for each 

7 such program on or subsequent to October 

8 1, 2012. 

9 ‘‘(3) OTHER ACTIONS TO PREVENT INSOL10 VENCY.—The Secretary shall issue a regulation to 

11 establish any actions in addition to those described 

12 in paragraph (1) that may be taken by the Secretary 

13 if it becomes apparent that the Highway Trust 

14 Fund (other than the Mass Transit Account) will be15 come insolvent, including the denial of further obli16 gations. 

17 ‘‘(4) APPLICABLE ONLY TO FULL-YEAR LIMITA18 TION.—The requirements of paragraph (1) apply 

19 only to the distribution of a full-year obligation limi20 tation and do not apply to partial-year limitations 

21 under continuing appropriations Acts.’’. 

22 (b) TABLE OF CHAPTERS.—The table of chapters for 

23 title 23, United States Code, is amended by inserting after 

24 the item relating to chapter 6 the following: 

‘‘7. Highway Spending Controls ............................................................... 701’’. 

Æ 


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