II 

Calendar No. 311 

112TH CONGRESS 

2D 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 

FEBRUARY 6, 2012 

Reported by Mrs. BOXER, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—FEDERAL-AID HIGHWAYS 

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. 


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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 

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. 

Sec. 1519. Effective and significant performance measures. 

Sec. 1520. Requirements for eligible bridge projects. 

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. 

Sec. 2213. National electronic vehicle corridors and recharging infrastructure network. 

Subtitle C— FundingIntelligent Transportation Systems Research 


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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. 

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 


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1 transportation mobility program under section 133 

2 of that title, the highway safety improvement pro3 gram under section 148 of that title, the congestion 

4 mitigation and air quality improvement program 

5 under section 149 of that title, the national freight 

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

7 out section 134 of that title— 

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

9 and 

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

11 (2) TRANSPORTATION INFRASTRUCTURE FI12 NANCE AND INNOVATION PROGRAM.—For credit as13 sistance under the transportation infrastructure fi14 nance and innovation program under chapter 6 of 

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

16 each of fiscal years 2012 and 2013. 

17 (3) FEDERAL LANDS AND TRIBAL TRANSPOR18 TATION PROGRAMS.— 

19 (A) TRIBAL TRANSPORTATION PRO20 GRAM.—For the tribal transportation program 

21 under section 202 of title 23, United States 

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

23 2012 and 2013. 

24 (B) FEDERAL LANDS TRANSPORTATION

25 PROGRAM.—For the Federal lands transporVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 tation program under section 203 of title 23, 

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

3 fiscal years 2012 and 2013, of which 

4 $260,000,000 of the amount made available for 

5 each fiscal year shall be the amount for the Na6 tional Park Service and the United States Fish 

7 and Wildlife Service. 

8 (C) FEDERAL LANDS ACCESS PROGRAM.— 

9 For the Federal lands access program under 

10 section 204 of title 23, United States Code, 

11 $250,000,000 for each of fiscal years 2012 and 

12 2013. 

13 (4) TERRITORIAL AND PUERTO RICO HIGHWAY

14 PROGRAM.—For the territorial and Puerto Rico 

15 highway program under section 165 of title 23, 

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

17 years 2012 and 2013. 

18 (b) DISADVANTAGED BUSINESS ENTERPRISES.— 

19 (1) DEFINITIONS.—In this subsection, the fol20 lowing definitions apply: 

21 (A) SMALL BUSINESS CONCERN.— 

22 (i) IN GENERAL.—The term ‘‘small 

23 business concern’’ means a small business 

24 concern (as the term is used in section 3 


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

2 632)). 

3 (ii) EXCLUSIONS.—The term ‘‘small 

4 business concern’’ does not include any 

5 concern or group of concerns controlled by 

6 the same socially and economically dis7 advantaged individual or individuals that 

8 have average annual gross receipts during 

9 the preceding 3 fiscal years in excess of 

10 $22,410,000, as adjusted annually by the 

11 Secretary for inflation. 

12 (B) SOCIALLY AND ECONOMICALLY DIS13 ADVANTAGED INDIVIDUALS.—The term ‘‘so14 cially and economically disadvantaged individ15 uals’’ means— 

16 (i) women; and 

17 (ii) any other socially and economi18 cally disadvantaged individuals (as the 

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

20 Business Act (15 U.S.C. 637(d)) and rel21 evant subcontracting regulations promul22 gated pursuant to that Act). 

23 (2) AMOUNTS FOR SMALL BUSINESS CON24 CERNS.—Except to the extent that the Secretary de25 termines otherwise, not less than 10 percent of the 


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1 amounts made available for any program under ti2 tles I, II, and III of this Act and section 403 of title 

3 23, United States Code, shall be expended through 

4 small business concerns owned and controlled by so5 cially and economically disadvantaged individuals. 

6 (3) ANNUAL LISTING OF DISADVANTAGED BUSI7 NESS ENTERPRISES.—Each State shall annually— 

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

9 business concerns referred to in paragraph (2) 

10 in the State, including the location of the small 

11 business concerns in the State; and 

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

13 percentage of the small business concerns that 

14 are controlled by— 

15 (i) women; 

16 (ii) socially and economically dis17 advantaged individuals (other than 

18 women); and 

19 (iii) individuals who are women and 

20 are otherwise socially and economically dis21 advantaged individuals. 

22 (4) UNIFORM CERTIFICATION.— 

23 (A) IN GENERAL.—The Secretary shall es24 tablish minimum uniform criteria for use by 

25 State governments in certifying whether a conVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 cern qualifies as a small business concern for 

2 the purpose of this subsection. 

3 (B) INCLUSIONS.—The minimum uniform 

4 criteria established under subparagraph (A) 

5 shall include, with respect to a potential small 

6 business concern— 

7 (i) on-site visits; 

8 (ii) personal interviews with personnel; 

9 (iii) issuance or inspection of licenses; 

10 (iv) analyses of stock ownership; 

11 (v) listings of equipment; 

12 (vi) analyses of bonding capacity; 

13 (vii) listings of work completed; 

14 (viii) examination of the resumes of 

15 principal owners; 

16 (ix) analyses of financial capacity; and 

17 (x) analyses of the type of work pre18 ferred. 

19 (5) REPORTING.—The Secretary shall establish 

20 minimum requirements for use by State govern21 ments in reporting to the Secretary— 

22 (A) information concerning disadvantaged 

23 business enterprise awards, commitments, and 

24 achievements; and 


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1 (B) such other information as the Sec2 retary determines to be appropriate for the 

3 proper monitoring of the disadvantaged busi4 ness enterprise program. 

5 (6) COMPLIANCE WITH COURT ORDERS.—Noth6 ing in this subsection limits the eligibility of an indi7 vidual or entity to receive funds made available 

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

9 of title 23, United States Code, if the entity or per10 son is prevented, in whole or in part, from complying 

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

12 final order in which the court finds that a require13 ment or the implementation of paragraph (2) is un14 constitutional. 

15 SEC. 1102. OBLIGATION CEILING. 

16 (a) GENERAL LIMITATION.—Subject to subsection 

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

18 obligations for Federal-aid highway and highway safety 

19 construction programs shall not exceed— 

20 (1) $41,564,000,000 for fiscal year 2012; and 

21 (2) $42,227,000,000 for fiscal year 2013. 

22 (b) EXCEPTIONS.—The limitations under subsection 

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

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


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1 (2) section 147 of the Surface Transportation 

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

3 Stat. 2714); 

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

5 of 1981 (95 Stat. 1701); 

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

7 Surface Transportation Assistance Act of 1982 (96 

8 Stat. 2119); 

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

10 Surface Transportation and Uniform Relocation As11 sistance Act of 1987 (101 Stat. 198); 

12 (6) sections 1103 through 1108 of the Inter13 modal Surface Transportation Efficiency Act of 

14 1991 (105 Stat. 2027); 

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

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

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

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

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

20 of those fiscal years); 

21 (9) Federal-aid highway programs for which ob22 ligation authority was made available under the 

23 Transportation Equity Act for the 21st Century 

24 (112 Stat. 107) or subsequent Acts for multiple 

25 years or to remain available until expended, but only 


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1 to the extent that the obligation authority has not 

2 lapsed or been used; 

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

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

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

6 of those fiscal years); 

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

8 Flexible, Efficient Transportation Equity Act: A 

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

10 that funds obligated in accordance with that section 

11 were not subject to a limitation on obligations at the 

12 time at which the funds were initially made available 

13 for obligation; and 

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

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

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

17 of those fiscal years). 

18 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 

19 For each of fiscal years 2012 through 2013, the Sec20 retary— 

21 (1) shall not distribute obligation authority pro22 vided by subsection (a) for the fiscal year for— 

23 (A) amounts authorized for administrative 

24 expenses and programs by section 104(a) of 

25 title 23, United States Code; and 


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1 (B) amounts authorized for the Bureau of 

2 Transportation Statistics; 

3 (2) shall not distribute an amount of obligation 

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

5 the unobligated balance of amounts made available 

6 from the Highway Trust Fund (other than the Mass 

7 Transit Account) for Federal-aid highway and high8 way safety construction programs for previous fiscal 

9 years the funds for which are allocated by the Sec10 retary; 

11 (3) shall determine the proportion that— 

12 (A) the obligation authority provided by 

13 subsection (a) for the fiscal year, less the aggre14 gate of amounts not distributed under para15 graphs (1) and (2) of this subsection; bears to 

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

17 appropriated for the Federal-aid highway and 

18 highway safety construction programs (other 

19 than sums authorized to be appropriated for 

20 provisions of law described in paragraphs (1) 

21 through (11) of subsection (b) and sums au22 thorized to be appropriated for section 119 of 

23 title 23, United States Code, equal to the 

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

25 fiscal year), less the aggregate of the amounts 


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

2 this subsection; 

3 (4) shall distribute the obligation authority pro4 vided by subsection (a), less the aggregate amounts 

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

6 each of the programs that are allocated by the Sec7 retary under this Act and title 23, United States 

8 Code (other than to programs to which paragraph 

9 (1) applies), by multiplying— 

10 (A) the proportion determined under para11 graph (3); by 

12 (B) the amounts authorized to be appro13 priated for each such program for the fiscal 

14 year; and 

15 (5) shall distribute the obligation authority pro16 vided by subsection (a), less the aggregate amounts 

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

18 the amounts distributed under paragraph (4), for 

19 Federal-aid highway and highway safety construc20 tion programs that are apportioned by the Secretary 

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

22 amounts apportioned for the national highway per23 formance program in section 119 of title 23, United 

24 States Code, that are exempt from the limitation 

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


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1 (A) amounts authorized to be appropriated 

2 for the programs that are apportioned under 

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

4 the fiscal year; bears to 

5 (B) the total of the amounts authorized to 

6 be appropriated for the programs that are ap7 portioned under title 23, United States Code, to 

8 all States for the fiscal year. 

9 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU10 THORITY.—Notwithstanding subsection (c), the Secretary 

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

12 2013— 

13 (1) revise a distribution of the obligation au14 thority made available under subsection (c) if an 

15 amount distributed cannot be obligated during that 

16 fiscal year; and 

17 (2) redistribute sufficient amounts to those 

18 States able to obligate amounts in addition to those 

19 previously distributed during that fiscal year, giving 

20 priority to those States having large unobligated bal21 ances of funds apportioned under sections 144 (as in 

22 effect on the day before the date of enactment of 

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

24 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

25 TRANSPORTATION RESEARCH PROGRAMS.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), obligation limitations imposed by sub3 section (a) shall apply to contract authority for 

4 transportation research programs carried out 

5 under— 

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

7 Code; and 

8 (B) title II of this Act. 

9 (2) EXCEPTION.—Obligation authority made 

10 available under paragraph (1) shall— 

11 (A) remain available for a period of 4 fis12 cal years; and 

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

14 limitation imposed on obligations for Federal15 aid highway and highway safety construction 

16 programs for future fiscal years. 

17 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

18 FUNDS.— 

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

20 the date of distribution of obligation authority under 

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

22 2013, the Secretary shall distribute to the States 

23 any funds that— 


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1 (A) are authorized to be appropriated for 

2 the fiscal year for Federal-aid highway pro3 grams; and 

4 (B) the Secretary determines will not be 

5 allocated to the States, and will not be available 

6 for obligation, for the fiscal year because of the 

7 imposition of any obligation limitation for the 

8 fiscal year. 

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

10 paragraph (1) in the same proportion as the dis11 tribution of obligation authority under subsection 

12 (c)(5). 

13 (3) AVAILABILITY.—Funds distributed to each 

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

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

16 United States Code. 

17 SEC. 1103. DEFINITIONS. 

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

19 States Code, is amended— 

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

21 (19), (20), (24), (25), (26), (28), (38), and (39); 

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

23 (5), (8), (13), (14), (15), (16), (17), (18), (21), 

24 (22), (23), (27), (29), (30), (31), (32), (33), (34), 

25 (35), (36), and (37) as paragraphs (3), (4), (5), (6), 


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1 (9), (12), (13), (14), (15), (16), (17), (18), (19), 

2 (20), (21), (22), (23), (24), (25), (26), (28), (29), 

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

4 (3) by inserting after paragraph (1) the fol5 lowing: 

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

7 management’ means a strategic and systematic proc8 ess of operating, maintaining, and improving phys9 ical assets, with a focus on both engineering and 

10 economic analysis based upon quality information, to 

11 identify a structured sequence of maintenance, pres12 ervation, repair, rehabilitation, and replacement ac13 tions that will achieve and sustain a desired state of 

14 good repair over the lifecycle of the assets at min15 imum practicable cost.’’; 

16 (4) in paragraph (4) (as redesignated by para17 graph (2))— 

18 (A) in the matter preceding subparagraph 

19 (A), by inserting ‘‘or any project eligible for as20 sistance under this title’’ after ‘‘of a highway’’; 

21 (B) by striking subparagraph (A) and in22 serting the following: 

23 ‘‘(A) preliminary engineering, engineering, 

24 and design-related services directly relating to 

25 the construction of a highway project, including 


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1 engineering, design, project development and 

2 management, construction project management 

3 and inspection, surveying, mapping (including 

4 the establishment of temporary and permanent 

5 geodetic control in accordance with specifica6 tions of the National Oceanic and Atmospheric 

7 Administration), and architectural-related serv8 ices;’’; 

9 (C) in subparagraph (B)— 

10 (i) by inserting ‘‘reconstruction,’’ be11 fore ‘‘resurfacing’’; and 

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

13 and inserting ‘‘rehabilitation, and preserva14 tion’’; 

15 (D) in subparagraph (E) by striking ‘‘rail16 way’’ and inserting ‘‘railway-highway’’; and 

17 (E) in subparagraph (F) by striking ‘‘ob18 stacles’’ and inserting ‘‘hazards’’. 

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

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

21 eligible’’; and 

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

23 ‘‘classified’’; 

24 (6) by inserting after paragraph (6) (as so re25 designated) the following: 


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1 ‘‘(7) FEDERAL LANDS ACCESS TRANSPOR2 TATION FACILITY.—The term ‘Federal Lands access 

3 transportation facility’ means a public highway, 

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

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

6 lands for which title or maintenance responsibility is 

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

8 municipal, or local government. 

9 ‘‘(8) FEDERAL LANDS TRANSPORTATION FACIL10 ITY.—The term ‘Federal lands transportation facil11 ity’ means a public highway, road, bridge, trail, or 

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

13 provides access to Federal lands for which title and 

14 maintenance responsibility is vested in the Federal 

15 Government, and that appears on the national Fed16 eral lands transportation facility inventory described 

17 in section 203(c).’’; 

18 (7) in paragraph (11)(B) by inserting ‘‘includ19 ing public roads on dams’’ after ‘‘drainage struc20 ture’’; 

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

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

23 an air quality’’; and 

24 (B) by inserting ‘‘air quality’’ before ‘‘at25 tainment area’’; 


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

2 striking ‘‘an undertaking to construct a particular 

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

4 the particular portion of a highway so constructed or 

5 any other undertaking’’ and inserting ‘‘any under6 taking’’; 

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

8 (A) by striking ‘‘the State transportation 

9 department and’’; and 

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

11 ‘‘Secretary’’; 

12 (11) by striking paragraph (23) (as so redesig13 nated) and inserting the following: 

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

15 term ‘safety improvement project’ means a strategy, 

16 activity, or project on a public road that is con17 sistent with the State strategic highway safety plan 

18 and corrects or improves a roadway feature that 

19 constitutes a hazard to road users or addresses a 

20 highway safety problem.’’; 

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

22 redesignated) the following: 

23 ‘‘(27) STATE STRATEGIC HIGHWAY SAFETY

24 PLAN.—The term ‘State strategic highway safety 


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1 plan’ has the same meaning given such term in sec2 tion 148(a).’’; 

3 (13) by striking paragraph (29) (as so redesig4 nated) and inserting the following: 

5 ‘‘(29) TRANSPORTATION ENHANCEMENT ACTIV6 ITY.—The term ‘transportation enhancement activ7 ity’ means any of the following activities when car8 ried out as part of any program or project author9 ized or funded under this title, or as an independent 

10 program or project related to surface transportation: 

11 ‘‘(A) Provision of facilities for pedestrians 

12 and bicycles. 

13 ‘‘(B) Provision of safety and educational 

14 activities for pedestrians and bicyclists. 

15 ‘‘(C) Acquisition of scenic easements and 

16 scenic or historic sites. 

17 ‘‘(D) Scenic or historic highways and 

18 bridges. 

19 ‘‘(E) Vegetation management practices in 

20 transportation rights-of-way and other activities 

21 eligible under section 319. 

22 ‘‘(F) Historic preservation, rehabilitation, 

23 and operation of historic transportation build24 ings, structures, or facilities. 


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1 ‘‘(G) Preservation of abandoned railway 

2 corridors, including the conversion and use of 

3 the corridors for pedestrian or bicycle trails. 

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

5 outdoor advertising. 

6 ‘‘(I) Archaeological planning and research. 

7 ‘‘(J) Any environmental mitigation activ8 ity, including pollution prevention and pollution 

9 abatement activities and mitigation to— 

10 ‘‘(i) to address stormwater manage11 ment, control, and water pollution preven12 tion or abatement related to highway con13 struction or due to highway runoff, includ14 ing activities described in sections 

15 133(b)(11), 328(a), and 329; or 

16 ‘‘(ii) reduce vehicle-caused wildlife 

17 mortality or to restore and maintain 

18 connectivity among terrestrial or aquatic 

19 habitats.’’; and 

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

21 redesignated) the following: 

22 ‘‘(30) TRANSPORTATION SYSTEMS MANAGE23 MENT AND OPERATIONS.— 

24 ‘‘(A) IN GENERAL.—The term ‘transpor25 tation systems management and operations’ 


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1 means integrated strategies to optimize the per2 formance of existing infrastructure through the 

3 implementation of multimodal and intermodal, 

4 cross-jurisdictional systems, services, and 

5 projects designed to preserve capacity and im6 prove security, safety, and reliability of the 

7 transportation system. 

8 ‘‘(B) INCLUSIONS.—The term ‘transpor9 tation systems management and operations’ in10 cludes— 

11 ‘‘(i) actions such as traffic detection 

12 and surveillance, corridor management, 

13 freeway management, arterial manage14 ment, active transportation and demand 

15 management, work zone management, 

16 emergency management, traveler informa17 tion services, congestion pricing, parking 

18 management, automated enforcement, traf19 fic control, commercial vehicle operations, 

20 freight management, and coordination of 

21 highway, rail, transit, bicycle, and pedes22 trian operations; and 

23 ‘‘(ii) coordination of the implementa24 tion of regional transportation system 

25 management and operations investments 


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1 (such as traffic incident management, trav2 eler information services, emergency man3 agement, roadway weather management, 

4 intelligent transportation systems, commu5 nication networks, and information sharing 

6 systems) requiring agreements, integration, 

7 and interoperability to achieve targeted 

8 system performance, reliability, safety, and 

9 customer service levels. 

10 ‘‘(31) TRIBAL TRANSPORTATION FACILITY.— 

11 The term ‘tribal transportation facility’ means a 

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

13 that is located on or provides access to tribal land 

14 and appears on the national tribal transportation fa15 cility inventory described in section 202(b)(1). 

16 ‘‘(32) TRUCK STOP ELECTRIFICATION SYS17 TEM.—The term ‘truck stop electrification system’ 

18 means a system that delivers heat, air conditioning, 

19 electricity, or communications to a heavy-duty vehi20 cle.’’. 

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

22 23, United States Code, is amended by striking ‘‘system’’ 

23 and inserting ‘‘highway’’. 


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1 SEC. 1104. NATIONAL HIGHWAY SYSTEM. 

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

3 States Code, is amended to read as follows: 

4 ‘‘§ 103. National highway system 

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

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

7 which includes the Interstate System. 

8 ‘‘(b) NATIONAL HIGHWAY SYSTEM.— 

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

10 System consists of the highway routes and connec11 tions to transportation facilities that shall— 

12 ‘‘(A) serve major population centers, inter13 national border crossings, ports, airports, public 

14 transportation facilities, and other intermodal 

15 transportation facilities and other major travel 

16 destinations; 

17 ‘‘(B) meet national defense requirements; 

18 and 

19 ‘‘(C) serve interstate and interregional 

20 travel and commerce. 

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

22 System described in paragraph (1) consists of the 

23 following: 

24 ‘‘(A) The National Highway System de25 picted on the map submitted by the Secretary 

26 of Transportation to Congress with the report 


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1 entitled ‘Pulling Together: The National High2 way System and its Connections to Major Inter3 modal Terminals’ and dated May 24, 1996, and 

4 modifications approved by the Secretary before 

5 the date of enactment of the MAP–21. 

6 ‘‘(B) Other urban and rural principal arte7 rial routes, and border crossings on those 

8 routes, that were not included on the National 

9 Highway System before the date of enactment 

10 of the MAP–21. 

11 ‘‘(C) Other connector highways (including 

12 toll facilities) that provide motor vehicle access 

13 between arterial routes on the National High14 way System and a major intermodal transpor15 tation facility that was not included on the Na16 tional Highway System before the date of en17 actment of the MAP–21. 

18 ‘‘(C) Other connector highways (including 

19 toll facilities) that were not included in the Na20 tional Highway System before the date of enact21 ment of the MAP–21 but that provide motor ve22 hicle access between arterial routes on the Na23 tional Highway System and a major intermodal 

24 transportation facility. 

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


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

2 that are important to the United States 

3 strategic defense policy, that provide de4 fense access, continuity, and emergency ca5 pabilities for the movement of personnel, 

6 materials, and equipment in both peace7 time and wartime, and that were not in8 cluded on the National Highway System 

9 before the date of enactment of the MAP– 

10 21; 

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

12 the Interstate System; and 

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

15 Federal agencies and the States. 

16 ‘‘(E) Major strategic highway network con17 nectors that— 

18 ‘‘(i) consist of highways that provide 

19 motor vehicle access between major mili20 tary installations and highways that are 

21 part of the strategic highway network but 

22 were not included on the National High23 way System before the date of enactment 

24 of the MAP–21; and 


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

3 Federal agencies and the States. 

4 ‘‘(3) MODIFICATIONS TO NHS.— 

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

6 make any modification, including any modifica7 tion consisting of a connector to a major inter8 modal terminal, to the National Highway Sys9 tem that is proposed by a State if the Secretary 

10 determines that the modification— 

11 ‘‘(i) meets the criteria established for 

12 the National Highway System under this 

13 title after the date of enactment of the 

14 MAP–21; and 

15 ‘‘(ii) enhances the national transpor16 tation characteristics of the National High17 way System. 

18 ‘‘(B) COOPERATION.— 

19 ‘‘(i) IN GENERAL.—In proposing a 

20 modification under this paragraph, a State 

21 shall cooperate with local and regional offi22 cials. 

23 ‘‘(ii) URBANIZED AREAS.—In an ur24 banized area, the local officials shall act 

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1 zation designated for the area under sec2 tion 134. 

3 ‘‘(c) INTERSTATE SYSTEM.— 

4 ‘‘(1) DESCRIPTION.— 

5 ‘‘(A) IN GENERAL.—The Dwight D. Eisen6 hower National System of Interstate and De7 fense Highways within the United States (in8 cluding the District of Columbia and Puerto 

9 Rico) consists of highways designed, located, 

10 and selected in accordance with this paragraph. 

11 ‘‘(B) DESIGN.— 

12 ‘‘(i) IN GENERAL.—Except as pro13 vided in clause (ii), highways on the Inter14 state System shall be designed in accord15 ance with the standards of section 109(b). 

16 ‘‘(ii) EXCEPTION.—Highways on the 

17 Interstate System in Alaska and Puerto 

18 Rico shall be designed in accordance with 

19 such geometric and construction standards 

20 as are adequate for current and probable 

21 future traffic demands and the needs of 

22 the locality of the highway. 

23 ‘‘(C) LOCATION.—Highways on the Inter24 state System shall be located so as— 


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

2 practicable, the principal metropolitan 

3 areas, cities, and industrial centers; 

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

5 ‘‘(iii) to the maximum extent prac6 ticable, to connect at suitable border points 

7 with routes of continental importance in 

8 Canada and Mexico. 

9 ‘‘(D) SELECTION OF ROUTES.—To the 

10 maximum extent practicable, each route of the 

11 Interstate System shall be selected by joint ac12 tion of the State transportation departments of 

13 the State in which the route is located and the 

14 adjoining States, in cooperation with local and 

15 regional officials, and subject to the approval of 

16 the Secretary. 

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

18 highways on the Interstate System shall not exceed 

19 43,000 miles, exclusive of designations under para20 graph (4). 

21 ‘‘(3) MODIFICATIONS.—The Secretary may ap22 prove or require modifications to the Interstate Sys23 tem in a manner consistent with the policies and 

24 procedures established under this subsection. 

25 ‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.— 


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1 ‘‘(A) ADDITIONS.—If the Secretary deter2 mines that a highway on the National Highway 

3 System meets all standards of a highway on the 

4 Interstate System and that the highway is a 

5 logical addition or connection to the Interstate 

6 System, the Secretary may, upon the affirma7 tive recommendation of the State or States in 

8 which the highway is located, designate the 

9 highway as a route on the Interstate System. 

10 ‘‘(B) DESIGNATIONS AS FUTURE INTER11 STATE SYSTEM ROUTES.— 

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

13 (ii) through (vi), if the Secretary deter14 mines that a highway on the National 

15 Highway System would be a logical addi16 tion or connection to the Interstate System 

17 and would qualify for designation as a 

18 route on the Interstate System under sub19 paragraph (A) if the highway met all 

20 standards of a highway on the Interstate 

21 System, the Secretary may, upon the af22 firmative recommendation of the State or 

23 States in which the highway is located, 

24 designate the highway as a future Inter25 state System route. 


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1 ‘‘(ii) WRITTEN AGREEMENT.—A des2 ignation under clause (i) shall be made 

3 only upon the written agreement of each 

4 State described in that clause that the 

5 highway will be constructed to meet all 

6 standards of a highway on the Interstate 

7 System by not later than the date that is 

8 25 years after the date of the agreement. 

9 ‘‘(iii) FAILURE TO COMPLETE CON10 STRUCTION.—If a State described in clause 

11 (i) has not substantially completed the con12 struction of a highway designated under 

13 this subparagraph by the date specified in 

14 clause (ii), the Secretary shall remove the 

15 designation of the highway as a future 

16 Interstate System route. 

17 ‘‘(iv) EFFECT OF REMOVAL.—Re18 moval of the designation of a highway 

19 under clause (iii) shall not preclude the 

20 Secretary from designating the highway as 

21 a route on the Interstate System under 

22 subparagraph (A) or under any other pro23 vision of law providing for addition to the 

24 Interstate System. 


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1 ‘‘(v) RETROACTIVE EFFECT.—An 

2 agreement described in clause (ii) that is 

3 entered into before August 10, 2005, shall 

4 be deemed to include the 25-year time lim5 itation described in that clause, regardless 

6 of any earlier construction completion date 

7 in the agreement. 

8 ‘‘(vi) REFERENCES.—No law, rule, 

9 regulation, map, document, or other record 

10 of the United States, or of any State or 

11 political subdivision of a State, shall refer 

12 to any highway designated as a future 

13 Interstate System route under this sub14 paragraph, and no such highway shall be 

15 signed or marked, as a highway on the 

16 Interstate System, until such time as the 

17 highway— 

18 ‘‘(I) is constructed to the geo19 metric and construction standards for 

20 the Interstate System; and 

21 ‘‘(II) has been designated as a 

22 route on the Interstate System. 

23 ‘‘(C) FINANCIAL RESPONSIBILITY.—Except 

24 as provided in this title, the designation of a 

25 highway under this paragraph shall create no 


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1 additional Federal financial responsibility with 

2 respect to the highway. 

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

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

5 subparagraph (B), the Interstate System shall 

6 not be considered to be a historic site under 

7 section 303 of title 49 or section 138 of this 

8 title, regardless of whether the Interstate Sys9 tem or portions or elements of the Interstate 

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

11 the National Register of Historic Places. 

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

13 subparagraph (C)— 

14 ‘‘(i) the Secretary shall determine, 

15 through the administrative process estab16 lished for exempting the Interstate System 

17 from section 106 of the National Historic 

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

19 individual elements of the Interstate Sys20 tem that possess national or exceptional 

21 historic significance (such as a historic 

22 bridge or a highly significant engineering 

23 feature); and 

24 ‘‘(ii) those elements shall be consid25 ered to be historic sites under section 303 


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

2 applicable. 

3 ‘‘(C) CONSTRUCTION, MAINTENANCE, RES4 TORATION, AND REHABILITATION ACTIVITIES.— 

5 Subparagraph (B) does not prohibit a State 

6 from carrying out construction, maintenance, 

7 preservation, restoration, or rehabilitation ac8 tivities for a portion of the Interstate System 

9 referred to in subparagraph (B) upon compli10 ance with section 303 of title 49 or section 138 

11 of this title, as applicable, and section 106 of 

12 the National Historic Preservation Act (16 

13 U.S.C. 470f).’’. 

14 ‘‘(d) OPERATION OF CONVENTIONAL COMBINATION

15 VEHICLES ON THE NATIONAL HIGHWAY SYSTEM.— 

16 ‘‘(1) DEFINITION OF CONVENTIONAL COMBINA17 TION VEHICLES.—In this subsection, the term ‘con18 ventional combination vehicles’ means— 

19 ‘‘(A) truck-tractor or semi-trailer combina20 tions with semi-trailers up to 53 feet in length 

21 and 102 inches in width; 

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

23 combinations with each semi-trailer and trailer 

24 up to 28.5 feet in length and 102 inches in 

25 width; and 


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1 ‘‘(C) drive-away saddlemount combina2 tions, not to exceed 97 feet in overall length, 

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

4 full mount, towed by a truck tractor. 

5 ‘‘(2) NATIONAL NETWORK.—The National Net6 work designated under the Surface Transportation 

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

8 Stat. 2119) is repealed. 

9 ‘‘(3) OPERATION OF CONVENTIONAL COMBINA10 TION VEHICLES.— 

11 ‘‘(A) REQUIREMENT.—Conventional com12 bination vehicles shall be permitted to operate 

13 in all States on all segments of the National 

14 Highway System other than segments— 

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

16 date of enactment of the MAP–21; and 

17 ‘‘(ii) on which all nonpassenger com18 mercial motor vehicles are banned on the 

19 date of enactment of the MAP-21. 

20 ‘‘(B) RESTRICTIONS.—A State may re21 quest temporary or permanent restrictions on 

22 the operation of conventional combination vehi23 cles, subject to approval by the Secretary, based 

24 on safety considerations, geometric constraints, 


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1 work zones, weather, or traffic management re2 quirements of special events or emergencies. 

3 ‘‘(C) REASONABLE ACCESS.—Conventional 

4 combination vehicles shall be given reasonable 

5 access, by the most reasonable, practicable, and 

6 safe route available, subject to review by the 

7 Secretary— 

8 ‘‘(i) between the National Highway 

9 System and facilities for food, fuel, and 

10 rest within 1 mile of the National Highway 

11 System; and 

12 ‘‘(ii) to terminal locations for the un13 loading and loading of cargo.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (b) INCLUSION OF CERTAIN ROUTE SEGMENTS ON

16 INTERSTATE SYSTEM.— 

17 (1) IN GENERAL.—Section 1105(e)(5)(A) of the 

18 Intermodal Surface Transportation Efficiency Act of 

19 1991 (105 Stat. 2032; 109 Stat. 597) is amended by 

20 striking ‘‘and subsections (c)(18) and (c)(20)’’ and in21 serting ‘‘, in subsections (c)(18) and (c)(20), and in 

22 subparagraphs (A)(iii) and (B) of subsection (c)(26)’’. 

23 (2) ROUTE DESIGNATION.—Section 

24 1105(e)(5)(C)(i) of the Intermodal Surface Transpor25 tation Efficiency Act of 1991 (105 Stat. 2032; 109 


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1 Stat. 598) is amended by adding at the end the fol2 lowing: ‘‘The routes referred to subparagraphs (A)(iii) 

3 and (B)(i) of subsection (c)(26) are designated as 

4 Interstate Route I-11.’’. 

5 (c) CONFORMING AMENDMENTS.— 

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

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

8 the item relating to section 103 and inserting the 

9 following: 

‘‘103. National highway system.’’. 

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

11 United States Code, is amended— 

12 (A) in subsection (a) by striking ‘‘the Fed13 eral-aid systems’’ and inserting ‘‘Federal-aid 

14 highways’’; and 

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

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

17 inserting ‘‘Federal-aid highway’’. 

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

19 United States Code, is amended in the first sentence 

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

21 ‘‘Federal-aid highway’’. 

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

23 United States Code, is amended in the subsection 

24 heading by striking ‘‘NATIONAL HIGHWAY SYSTEM’’ 


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1 and inserting ‘‘NATIONAL HIGHWAY PERFORMANCE

2 PROGRAM’’. 

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

4 United States Code, is amended in the first sentence 

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

6 inserting ‘‘Federal-aid highways’’. 

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

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

9 and inserting ‘‘highway’’. 

10 SEC. 1105. APPORTIONMENT. 

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

12 States Code, is amended to read as follows: 

13 ‘‘§ 104. Apportionment 

14 ‘‘(a) ADMINISTRATIVE EXPENSES.— 

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

16 appropriated from the Highway Trust Fund (other 

17 than the Mass Transit Account) to be made avail18 able to the Secretary for administrative expenses of 

19 the Federal Highway Administration $480,000,000 

20 for each of fiscal years 2012 and 2013. 

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

22 be appropriated by this subsection shall be used— 

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

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1 aid highway program and programs authorized 

2 under chapter 2; 

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

4 the Secretary determines to be appropriate to 

5 the Appalachian Regional Commission for ad6 ministrative activities associated with the Appa7 lachian development highway system; and 

8 ‘‘(C) to reimburse, as appropriate, the Of9 fice of Inspector General of the Department of 

10 Transportation for the conduct of annual audits 

11 of financial statements in accordance with sec12 tion 3521 of title 31. 

13 ‘‘(3) AVAILABILITY.—The amounts made avail14 able under paragraph (1) shall remain available until 

15 expended. 

16 ‘‘(b) DIVISION OF STATE APPORTIONMENTS AMONG

17 PROGRAMS.—The Secretary shall distribute the amount 

18 apportioned to a State for a fiscal year under subsection 

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

20 transportation mobility program, the highway safety im21 provement program, the congestion mitigation and air 

22 quality improvement program, and the national freight 

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

24 ‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO25 GRAM.—For the national highway performance proVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 gram, 58 percent of the amount remaining after dis2 tributing amounts under paragraphs (4) and (6). 

3 ‘‘(2) TRANSPORTATION MOBILITY PROGRAM.— 

4 For the transportation mobility program, 29.3 per5 cent of the amount remaining after distributing 

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

7 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO8 GRAM.—For the highway safety improvement pro9 gram, 7 percent of the amount remaining after dis10 tributing amounts under paragraphs (4) and (6). 

11 ‘‘(4) CONGESTION MITIGATION AND AIR QUAL12 ITY IMPROVEMENT PROGRAM.—For the congestion 

13 mitigation and air quality improvement program, an 

14 amount determined by multiplying the amount de15 termined for the State under subsection (c) by the 

16 proportion that— 

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

18 for the congestion mitigation and air quality 

19 improvement program for fiscal year 2009, plus 

20 10 percent of the amount apportioned to the 

21 State for the surface transportation program 

22 for that fiscal year; bears to 

23 ‘‘(B) the total amount of funds appor24 tioned to the State for that fiscal year for the 

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1 cept for the high priority projects program re2 ferred to in section 105(a)(2)(H)), as in effect 

3 on the day before the date of enactment of the 

4 MAP–21. 

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

6 national freight program, 5.7 percent of the amount 

7 remaining after distributing amounts under para8 graphs (4) and (6). 

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

10 section 134, an amount determined by multiplying 

11 the amount determined for the State under sub12 section (c) by the proportion that— 

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

14 to carry out section 134 for fiscal year 2009; 

15 bears to 

16 ‘‘(B) the total amount of funds appor17 tioned to the State for that fiscal year for the 

18 programs referred to in section 105(a)(2) (ex19 cept for the high priority projects program re20 ferred to in section 105(a)(2)(H)), as in effect 

21 on the day before the date of enactment of the 

22 MAP–21. 

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

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

25 State of combined apportionments for the national 


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1 highway performance program under section 119, 

2 the transportation mobility program under section 

3 133, the highway safety improvement program 

4 under section 148, the congestion mitigation and air 

5 quality improvement program under section 149, the 

6 national freight program under section 167, and to 

7 carry out section 134 shall be determined as follows: 

8 ‘‘(A) INITIAL AMOUNT.—The initial 

9 amount for each State shall be determined by 

10 multiplying the total amount available for ap11 portionment by the share for each State which 

12 shall be equal to the proportion that— 

13 ‘‘(i) the amount of apportionments 

14 and allocations that the State received for 

15 fiscal years 2005 through 2009; bears to 

16 ‘‘(ii) the amount of those apportion17 ments and allocations received by all 

18 States for those fiscal years. 

19 ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The 

20 initial amounts resulting from the calculation 

21 under subparagraph (A) shall be adjusted to 

22 ensure that, for each State, the amount of com23 bined apportionments for the programs shall 

24 not be less than 95 percent of the estimated tax 

25 payments attributable to highway users in the 


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1 State paid into the Highway Trust Fund (other 

2 than the Mass Transit Account) in the most re3 cent fiscal year for which data are available. 

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

5 of each fiscal year, the Secretary shall apportion the 

6 sum authorized to be appropriated for expenditure 

7 on the national highway performance program under 

8 section 119, the transportation mobility program 

9 under section 133, the highway safety improvement 

10 program under section 148, the congestion mitiga11 tion and air quality improvement program under 

12 section 149, the national freight program under sec13 tion 167, and to carry out section 134 in accordance 

14 with paragraph (1). 

15 ‘‘(d) METROPOLITAN PLANNING.— 

16 ‘‘(1) USE OF AMOUNTS.— 

17 ‘‘(A) USE.— 

18 ‘‘(i) IN GENERAL.—Except as pro19 vided in clause (ii), the amounts appor20 tioned to a State under subsection (b)(6) 

21 shall be made available by the State to the 

22 metropolitan planning organizations re23 sponsible for carrying out section 134 in 

24 the State. 


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1 ‘‘(ii) STATES RECEIVING MINIMUM AP2 PORTIONMENT.—A State that received the 

3 minimum apportionment for use in car4 rying out section 134 for fiscal year 2009 

5 may, subject to the approval of the Sec6 retary, use the funds apportioned under 

7 subsection (b)(6) to fund transportation 

8 planning outside of urbanized areas. 

9 ‘‘(B) UNUSED FUNDS.—Any funds that 

10 are not used to carry out section 134 may be 

11 made available by a metropolitan planning or12 ganization to the State to fund activities under 

13 section 135. 

14 ‘‘(2) DISTRIBUTION OF AMOUNTS WITHIN

15 STATES.— 

16 ‘‘(A) IN GENERAL.—The distribution with17 in any State of the planning funds made avail18 able to organizations under paragraph (1) shall 

19 be in accordance with a formula that— 

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

21 approved by the Secretary; and 

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

23 minimum, population, status of planning, 

24 attainment of air quality standards, metro25 politan area transportation needs, and 


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1 other factors necessary to provide for an 

2 appropriate distribution of funds to carry 

3 out section 134 and other applicable re4 quirements of Federal law. 

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

6 10 days 15 business days after the date of re7 ceipt by a State of a request for reimbursement 

8 of expenditures made by a metropolitan plan9 ning organization for carrying out section 134, 

10 the State shall reimburse, from amounts dis11 tributed under this paragraph to the metropoli12 tan planning organization by the State, the 

13 metropolitan planning organization for those 

14 expenditures. 

15 ‘‘(3) DETERMINATION OF POPULATION FIG16 URES.—For the purpose of determining population 

17 figures under this subsection, the Secretary shall use 

18 the latest available data from the decennial census 

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

20 States Code. 

21 ‘‘(e) CERTIFICATION OF APPORTIONMENTS.— 

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

23 ‘‘(A) on October 1 of each fiscal year, cer24 tify to each of the State transportation depart25 ments the amount that has been apportioned to 


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1 the State under this section for the fiscal year; 

2 and 

3 ‘‘(B) to permit the States to develop ade4 quate plans for the use of amounts apportioned 

5 under this section, advise each State of the 

6 amount that will be apportioned to the State 

7 under this section for a fiscal year not later 

8 than 90 days before the beginning of the fiscal 

9 year for which the sums to be apportioned are 

10 authorized. 

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

12 not made an apportionment under this section for a 

13 fiscal year beginning after September 30, 1998, by 

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

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

16 later than that date, to the Committee on Transpor17 tation and Infrastructure of the House of Represent18 atives and the Committee on Environment and Pub19 lic Works of the Senate, a written statement of the 

20 reason for not making the apportionment in a timely 

21 manner. 

22 ‘‘(3) APPORTIONMENT CALCULATIONS.— 

23 ‘‘(A) IN GENERAL.—The calculation of of24 ficial apportionments of funds to the States 

25 under this title is a primary responsibility of 


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1 the Department and shall be carried out only 

2 by employees (and not contractors) of the De3 partment. 

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

5 HIRE CONTRACTORS.—None of the funds made 

6 available under this title shall be used to hire 

7 contractors to calculate the apportionments of 

8 funds to States. 

9 ‘‘(f) TRANSFER OF HIGHWAY AND TRANSIT

10 FUNDS.— 

11 ‘‘(1) TRANSFER OF HIGHWAY FUNDS FOR

12 TRANSIT PROJECTS.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), amounts made available for transit 

15 projects or transportation planning under this 

16 title may be transferred to and administered by 

17 the Secretary in accordance with chapter 53 of 

18 title 49. 

19 ‘‘(B) NON-FEDERAL SHARE.—The provi20 sions of this title relating to the non-Federal 

21 share shall apply to the amounts transferred 

22 under subparagraph (A). 

23 ‘‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGH24 WAY PROJECTS.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), amounts made available for highway 

3 projects or transportation planning under chap4 ter 53 of title 49 may be transferred to and ad5 ministered by the Secretary in accordance with 

6 this title. 

7 ‘‘(B) NON-FEDERAL SHARE.—The provi8 sions of chapter 53 of title 49 relating to the 

9 non-Federal share shall apply to amounts trans10 ferred under subparagraph (A). 

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

12 TO FEDERAL HIGHWAY ADMINISTRATION.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), the Secretary may, at the request of 

15 a State, transfer amounts apportioned or allo16 cated under this title to the State to another 

17 State, or to the Federal Highway Administra18 tion, for the purpose of funding 1 or more 

19 projects that are eligible for assistance with 

20 amounts so apportioned or allocated. 

21 ‘‘(B) APPORTIONMENT.—The transfer 

22 shall have no effect on any apportionment of 

23 amounts to a State under this section. 

24 ‘‘(C) FUNDS SUBALLOCATED TO URBAN25 IZED AREAS.—Amounts that are apportioned or 


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

2 in effect on the day before the date of enact3 ment of the MAP–21) or subsection (b)(2) and 

4 attributed to an urbanized area of a State with 

5 a population of more than 200,000 individuals 

6 under section 133(d) may be transferred under 

7 this paragraph only if the metropolitan plan8 ning organization designated for the area con9 curs, in writing, with the transfer request. 

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

11 Obligation authority for amounts transferred under 

12 this subsection shall be transferred in the same 

13 manner and amount as the amounts for the projects 

14 that are transferred under this subsection. that are 

15 transferred under this section.’’ 

16 ‘‘(g) REPORT TO CONGRESS.—For each fiscal year, the 

17 Secretary shall make available to the public, in a user18 friendly format via the Internet, a report that describes— 

19 ‘‘(1) the amount obligated, by each State, for 

20 Federal-aid highways and highway safety construc21 tion programs during the preceding fiscal year; 

22 ‘‘(2) the balance, as of the last day of the pre23 ceding fiscal year, of the unobligated apportionment 

24 of each State by fiscal year under this section; 


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1 ‘‘(3) the balance of unobligated sums available 

2 for expenditure at the discretion of the Secretary for 

3 such highways and programs for the fiscal year; and 

4 ‘‘(4) the rates of obligation of funds apportioned 

5 or set aside under this section, according to— 

6 ‘‘(A) program; 

7 ‘‘(B) funding category of subcategory; 

8 ‘‘(C) type of improvement; 

9 ‘‘(D) State; and 

10 ‘‘(E) sub-State geographical area, including 

11 urbanized and rural areas, on the basis of the 

12 population of each such area.’’. 

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

8 funds in highway construction are directed to support 

9 progress toward the achievement of performance tar10 gets for infrastructure condition and performance. 

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

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

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

14 shall be located on the National Highway System, as de15 fined in section 103. 

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

17 State to carry out the national highway performance pro18 gram may be obligated only for a project on an eligible 

19 facility that is— 

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

21 projects, supporting progress toward the achieve22 ment of national performance goals for improving 

23 infrastructure condition, safety, mobility, or freight 

24 movement on the National Highway System and 

25 consistent with sections 134 and 135; and 


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

2 ‘‘(A) Construction, reconstruction, resur3 facing, restoration, rehabilitation, preservation, 

4 or operational improvement of segments of the 

5 National Highway System. 

6 ‘‘(B) Construction, replacement (including 

7 replacement with fill material), rehabilitation, 

8 preservation, and protection (including scour 

9 countermeasures, seismic retrofits, impact pro10 tection measures, security countermeasures, 

11 and protection against extreme events) of 

12 bridges on the National Highway System. 

13 ‘‘(C) Construction, replacement (including 

14 replacement with fill material), rehabilitation, 

15 preservation, and protection (including impact 

16 protection measures, security countermeasures, 

17 and protection against extreme events) of tun18 nels on the National Highway System. 

19 ‘‘(D) Inspection and evaluation, as de20 scribed in section 144, of bridges and tunnels 

21 on the National Highway System, and inspec22 tion and evaluation of other highway infrastruc23 ture assets on the National Highway System, 

24 including signs and sign structures, earth re25 taining walls, and drainage structures. 


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1 ‘‘(E) Training of bridge and tunnel inspec2 tors, as described in section 144. 

3 ‘‘(F) Construction, rehabilitation, or re4 placement of existing ferry boats and ferry boat 

5 facilities, including approaches, that connect 

6 road segments of the National Highway Sys7 tem. 

8 ‘‘(G) Construction, reconstruction, resur9 facing, restoration, rehabilitation, and preserva10 tion of, and operational improvements for, a 

11 Federal-aid highway not on the National High12 way System, and construction of a transit 

13 project eligible for assistance under chapter 53 

14 of title 49, if— 

15 ‘‘(i) the highway project or transit 

16 project is in the same corridor as, and in 

17 proximity to, a fully access-controlled high18 way designated as a part of the National 

19 Highway System; 

20 ‘‘(ii) the construction or improvements 

21 will enhance the level of service reduce 

22 delays or produce travel time savings on the 

23 fully access-controlled highway described in 

24 clause (i) and improve regional traffic flow; 

25 and 


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1 ‘‘(iii) the construction or improve2 ments are more cost-effective, as deter3 mined by benefit-cost analysis, than an im4 provement to the fully access-controlled 

5 highway described in clause (i). 

6 ‘‘(H) Bicycle transportation and pedestrian 

7 walkways in accordance with section 217. 

8 ‘‘(I) Highway safety improvements for seg9 ments of the National Highway System. 

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

11 and traveler information monitoring, manage12 ment, and control facilities and programs. 

13 ‘‘(K) Development and implementation of 

14 a State asset management plan for the National 

15 Highway System in accordance with this sec16 tion, including data collection, maintenance, 

17 and integration and the cost associated with ob18 taining, updating, and licensing software and 

19 equipment required for risk-based asset man20 agement and performance-based management. 

21 ‘‘(L) Infrastructure-based intelligent trans22 portation systems capital improvements. 

23 ‘‘(M) Environmental restoration and pollu24 tion abatement in accordance with section 328. 


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

2 noxious weeds and establishment of native spe3 cies in accordance with section 329. 

4 ‘‘(O) In accordance with all applicable 

5 Federal law (including regulations), participa6 tion in natural habitat and wetlands mitigation 

7 efforts relating to projects funded under this 

8 title, which may include participation in natural 

9 habitat and wetlands mitigation banks, con10 tributions to statewide and regional efforts to 

11 conserve, restore, enhance, and create natural 

12 habitats and wetlands, and development of 

13 statewide and regional natural habitat and wet14 lands conservation and mitigation plans, includ15 ing any such banks, efforts, and plans devel16 oped in accordance with applicable Federal law 

17 (including regulations), on the conditions 

18 that— 

19 ‘‘(i) contributions to those mitigation 

20 efforts may— 

21 ‘‘(I) take place concurrent with 

22 or in advance of project construction; 

23 and 

24 ‘‘(II) occur in advance of project 

25 construction only if the efforts are 


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1 consistent with all applicable require2 ments of Federal law (including regu3 lations) and State transportation 

4 planning processes; and 

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

6 natural habitat or wetland mitigation ef7 fort relating to a project funded under this 

8 title that has an impact that occurs within 

9 the service area of a mitigation bank, pref10 erence is given, to the maximum extent 

11 practicable, to the use of the mitigation 

12 bank if the bank contains sufficient avail13 able credits to offset the impact and the 

14 bank is approved in accordance with appli15 cable Federal law (including regulations). 

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

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), the maximum amount that a State may 

19 obligate under this section for projects under sub20 section (d)(2)(G) and that is attributable to the por21 tion of the cost of any project undertaken to expand 

22 the capacity of eligible facilities on the National 

23 Highway System, in a case in which the new capac24 ity consists of 1 or more new travel lanes that are 

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


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1 exceed 40 percent of the combined apportionments 

2 of a State under section 104(b)(1) for the most re3 cent 3 consecutive fiscal years. 

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

5 apply to a project for the construction of auxiliary 

6 lanes and turning lanes or widening of a bridge dur7 ing rehabilitation or replacement to meet current 

8 geometric, construction, and structural standards for 

9 the types and volumes of projected traffic over the 

10 design life of the project. 

11 ‘‘(f) STATE PERFORMANCE MANAGEMENT.— 

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

13 risk-based asset management plan for the National 

14 Highway System based on a process defined by the 

15 Secretary to guide effective investment decisions to 

16 improve or preserve asset condition and system per17 formance. 

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

19 asset management plan shall include strategies lead20 ing to a program of projects that would make 

21 progress toward achievement of the State targets for 

22 asset condition and performance of the National 

23 Highway System in accordance with paragraph (5) 

24 and, to the maximum extent practicable, reflect the 


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1 and supporting the progress toward the achievement 

2 of the national goals identified in section 150. 

3 ‘‘(3) PLAN CONTENTS.—A State asset manage4 ment plan shall, at a minimum, be in a form that 

5 the Secretary determines to be appropriate and in6 clude— 

7 ‘‘(A) a summary listing of the highway in8 frastructure pavement and bridge assets on the 

9 National Highway System in the State, includ10 ing a description of the condition of those as11 sets; 

12 ‘‘(B) asset management objectives and 

13 measures; 

14 ‘‘(C) performance gap identification; 

15 ‘‘(D) lifecycle cost and risk management 

16 analysis; 

17 ‘‘(E) a financial plan; and 

18 ‘‘(F) investment strategies. 

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

20 than 18 months after the date of enactment of the 

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

22 consultation with State departments of transpor23 tation and other stakeholders, establish— 


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

2 in developing and operating pavement manage3 ment systems and bridge management systems; 

4 ‘‘(B) measures for States to use to as5 sess— 

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

7 Interstate system; 

8 ‘‘(ii) the condition of pavements on 

9 the National Highway System (excluding 

10 the Interstate); 

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

12 National Highway System; 

13 ‘‘(iv) the performance of the Inter14 state System; and 

15 ‘‘(v) the performance of the National 

16 Highway System (excluding the Interstate 

17 System); 

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

19 to collect and maintain data, and a standard20 ized process for collection and sharing of data 

21 with appropriate governmental entities at the 

22 Federal, State, and local levels (including met23 ropolitan planning organizations), to carry out 

24 paragraph (5); and 

25 ‘‘(D) minimum levels for— 


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

2 Interstate System; and 

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

4 National Highway System. 

5 ‘‘(4) STANDARDS AND MEASURES.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), not later than 18 months after the 

8 date of enactment of the MAP–21, the Secretary 

9 shall, in consultation with State departments of 

10 transportation and other stakeholders, estab11 lish— 

12 ‘‘(i) minimum standards for States to 

13 use in developing and operating pavement 

14 management systems and bridge manage15 ment systems; 

16 ‘‘(ii) measures for States to use to as17 sess— 

18 ‘‘(I) the condition of pavements on 

19 the Interstate system; 

20 ‘‘(II) the condition of pavements 

21 on the National Highway System (ex22 cluding the Interstate); 

23 ‘‘(III) the condition of bridges on 

24 the National Highway System; 


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1 ‘‘(IV) the performance of the 

2 Interstate System; and 

3 ‘‘(V) the performance of the Na4 tional Highway System (excluding the 

5 Interstate System); 

6 ‘‘(iii) the data elements that are nec7 essary to collect and maintain data, and a 

8 standardized process for collection and shar9 ing of data with appropriate governmental 

10 entities at the Federal, State, and local lev11 els (including metropolitan planning orga12 nizations), to carry out paragraph (5); and 

13 ‘‘(iv) minimum levels for— 

14 ‘‘(I) the condition of pavement on 

15 the Interstate System; and 

16 ‘‘(II) the condition of bridges on 

17 the National Highway System. 

18 ‘‘(B) STATE PARTICIPATION.—In carrying 

19 out subparagraph (A), the Secretary shall— 

20 ‘‘(i) provide States not less than 90 

21 days to comment on any regulation pro22 posed by the Secretary under that subpara23 graph; and 

24 ‘‘(ii) take into consideration any com25 ments of the States relating to a proposed 


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1 regulation received during that comment pe2 riod. 

3 ‘‘(5) STATE PERFORMANCE TARGETS.— 

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

5 later than 1 year after the date on which the 

6 Secretary promulgates final regulations under 

7 paragraph (4), each State, in consultation with 

8 metropolitan planning organizations, shall es9 tablish targets that address each of the per10 formance measures identified in paragraph 

11 (4)(B). 

12 ‘‘(B) PERIODIC UPDATES.—Each State 

13 shall periodically update the targets established 

14 under subparagraph (A). 

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

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

17 State shall have in effect— 

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

19 for the National Highway System in accordance 

20 with this section, developed through a process 

21 defined and approved by the Secretary; and 

22 ‘‘(B) State targets that address the per23 formance measures identified in paragraph 

24 (4)(B). 


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1 ‘‘(7) CERTIFICATION OF PLAN DEVELOPMENT

2 PROCESS.— 

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

4 days after the date on which a State submits a 

5 request for approval of the process used by the 

6 State to develop the State asset management 

7 plan for the National Highway System, the Sec8 retary shall— 

9 ‘‘(i) review the process; and 

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

11 the requirements established by the Sec12 retary; or 

13 ‘‘(II) deny certification and specify ac14 tions necessary for the State to take to 

15 correct deficiencies in the State process. 

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

17 than every 4 years, the Secretary shall review 

18 and recertify that the process used by a State 

19 to develop and maintain the State asset man20 agement plan for the National Highway System 

21 meets the requirements for the process, as es22 tablished by the Secretary. 

23 ‘‘(C) OPPORTUNITY TO CURE.—If the Sec24 retary denies certification under subparagraph 

25 (A), the Secretary shall provide the State with— 


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1 ‘‘(i) not less than 90 days to cure the 

2 deficiencies of the plan, during which time 

3 period all penalties and other legal impacts 

4 of a denial of certification shall be stayed; 

5 and 

6 ‘‘(ii) a written statement of the specific 

7 actions the Secretary determines to be nec8 essary for the State to cure the plan. 

9 ‘‘(8) PERFORMANCE REPORTS.— 

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

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

12 biennially thereafter, a State shall submit to the 

13 Secretary a report that describes— 

14 ‘‘(i) the condition and performance of 

15 the National Highway System in the State; 

16 ‘‘(ii) progress in achieving State tar17 gets for each of the performance measures 

18 for the National Highway System; and 

19 ‘‘(iii) the effectiveness of the invest20 ment strategy documented in the State 

21 asset management plan for the National 

22 Highway System. 

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

24 State that does not achieve or make significant 

25 progress toward achieving the targets of the 


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1 State for performance measures described in 

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

3 submitted under this paragraph shall include in 

4 the next report submitted a description of the 

5 actions the State will undertake to achieve the 

6 targets. 

7 ‘‘(9) PROCESS.—Not later than 18 months after 

8 the date of enactment of the MAP–21, the Secretary 

9 shall, by regulation and in consultation with State 

10 departments of transportation, establish the process to 

11 develop the State asset management plan described in 

12 paragraph (1) and establish the standards and meas13 ures described in paragraph (4). 

14 ‘‘(g) INTERSTATE SYSTEM AND NHS BRIDGE CON15 DITIONS.— 

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

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

18 reporting periods, the condition of the Inter19 state System, excluding bridges on the Interstate 

20 System, in a State falls below the minimum 

21 condition level established by the Secretary 

22 under subsection (f)(4)(D), the State shall be 

23 required, during the following fiscal year— 

24 ‘‘(i) to obligate, from the amounts ap25 portioned to the State under section 


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

2 the amount of funds apportioned to the 

3 State for fiscal year 2009 under the Inter4 state maintenance program for the pur5 poses described in this section (as in effect 

6 on the day before the date of enactment of 

7 the MAP–21), except that the amount re8 served under this clause shall be increased 

9 by 2 percent over the amount reserved in 

10 the previous fiscal year for each year after 

11 fiscal year 2013; and except that for each 

12 year after fiscal year 2013, the amount re13 quired to be obligated under this clause 

14 shall be increased by 2 percent over the 

15 amount required to be obligated in the pre16 vious fiscal year; and 

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

18 apportioned to the State under section 

19 104(b)(2) to the apportionment of the 

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

21 equal to 10 percent of the amount of funds 

22 apportioned to the State for fiscal year 

23 2009 under the Interstate maintenance 

24 program for the purposes described in this 


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1 section (as in effect on the day before the 

2 date of enactment of the MAP–21). 

3 ‘‘(B) RESTORATION.—The obligation re4 quirement for the Interstate System in a State 

5 required by subparagraph (A) for a fiscal year 

6 shall remain in effect for each subsequent fiscal 

7 year until such time as the condition of the 

8 Interstate System in the State exceeds the min9 imum condition level established by the Sec10 retary under subsection (f)(4)(D). 

11 ‘‘(2) CONDITION OF NHS BRIDGES.— 

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

13 reporting periods, the condition of bridges on 

14 the National Highway System in a State falls 

15 below the minimum condition level established 

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

17 State shall be required, during the following fis18 cal year— 

19 ‘‘(i) to obligate, from the amounts ap20 portioned to the State under section 

21 104(b)(1), an amount for bridges on the 

22 National Highway System that is not less 

23 than 50 percent of the amount of funds 

24 apportioned to the State for fiscal year 

25 2009 under the highway bridge program 


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1 for the purposes described in section 144 

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

3 enactment of the MAP–21), except that 

4 the amount reserved under this clause 

5 shall be increased by 2 percent over the 

6 amount reserved in the previous fiscal year 

7 for each year after fiscal year 2013; and 

8 ‘‘(i) to obligate, from the amounts ap9 portioned to the State under section 

10 104(b)(1), an amount for bridges on the Na11 tional Highway System that is not less 

12 than 50 percent of the amount of funds ap13 portioned to the State for fiscal year 2009 

14 under the highway bridge program for the 

15 purposes described in section 144 (as in ef16 fect on the day before the date of enactment 

17 of the MAP–21), except that for each year 

18 after fiscal year 2013, the amount required 

19 to be obligated under this clause shall be in20 creased by 2 percent over the amount re21 quired to be obligated in the previous fiscal 

22 year; and 

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

24 apportioned to the State under section 

25 104(b)(2) to the apportionment of the 


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

2 equal to 10 percent of the amount of funds 

3 apportioned to the State for fiscal year 

4 2009 under the highway bridge program 

5 for the purposes described in section 144 

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

7 enactment of the MAP–21). 

8 ‘‘(B) RESTORATION.—The obligation re9 quirement for bridges on the National Highway 

10 System in a State required by subparagraph 

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

12 each subsequent fiscal year until such time as 

13 the condition of bridges on the National High14 way System in the State exceeds the minimum 

15 condition level established by the Secretary 

16 under subsection (f)(4)(D).’’. 

17 (b) TRANSITION PERIOD.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), until such date as a State has in effect 

20 an approved asset management plan and has estab21 lished performance targets as described in section 

22 119 of title 23, United States Code, that will con23 tribute to achieving the national goals for the condi24 tion and performance of the National Highway Sys25 tem, but not later than 15 18 months after the date 


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1 on which the Secretary promulgates final regulations 

2 required under section 119(f)(4) of that title, the 

3 Secretary shall approve obligations of funds appor4 tioned to a State to carry out the national highway 

5 performance program under section 119 of that title, 

6 for projects that otherwise meet the requirements of 

7 that section. 

8 (2) EXTENSION.—The Secretary may extend 

9 the transition period for a State under paragraph 

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

11 made a good faith effort to establish an asset man12 agement plan and performance targets referred to in 

13 that paragraph. 

14 (c) CONFORMING AMENDMENT.—The analysis for 

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

16 striking the item relating to section 119 and inserting the 

17 following: 

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

18 SEC. 1107. EMERGENCY RELIEF. 

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

20 amended to read as follows: 

21 ‘‘§ 125. Emergency relief 

22 ‘‘(a) IN GENERAL.—Subject to this section and sec23 tion 120, an emergency fund is authorized for expenditure 

24 by the Secretary for the repair or reconstruction of high25 ways, roads, and trails, in any area of the United States, 


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1 including Indian reservations, that the Secretary finds 

2 have suffered serious damage as a result of— 

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

4 as by a flood, hurricane, tidal wave, earthquake, se5 vere storm, or landslide; or 

6 ‘‘(2) catastrophic failure from any external 

7 cause. 

8 ‘‘(b) RESTRICTION ON ELIGIBILITY.— 

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

10 In this subsection, the term ‘construction phase’ 

11 means the phase of physical construction of a high12 way or bridge facility that is separate from any 

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

14 right-of-way phases, in the State transportation im15 provement program. 

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

17 used under this section for the repair or reconstruc18 tion of a bridge— 

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

20 all vehicular traffic by the State or responsible 

21 local official because of imminent danger of col22 lapse due to a structural deficiency or physical 

23 deterioration; or 

24 ‘‘(B) if a construction phase of a replace25 ment structure is included in the approved 


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1 Statewide transportation improvement program 

2 at the time of an event described in subsection 

3 (a). 

4 ‘‘(c) FUNDING.— 

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

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

7 be appropriated from the Highway Trust Fund 

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

9 are necessary to establish the fund authorized by 

10 this section and to replenish that fund on an annual 

11 basis. 

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

13 in paragraph (1) are that— 

14 ‘‘(A) not more than $100,000,000 is au15 thorized to be obligated in any 1 fiscal year 

16 commencing after September 30, 1980, to carry 

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

18 year the total of all obligations under this sec19 tion is less than the amount authorized to be 

20 obligated for the fiscal year, the unobligated 

21 balance of that amount shall— 

22 ‘‘(i) remain available until expended; 

23 and 


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1 ‘‘(ii) be in addition to amounts other2 wise available to carry out this section for 

3 each year; and 

4 ‘‘(B)(i) pending such appropriation or re5 plenishment, the Secretary may obligate from 

6 any funds appropriated at any time for obliga7 tion in accordance with this title, including ex8 isting Federal-aid appropriations, such sums as 

9 are necessary for the immediate prosecution of 

10 the work herein authorized; and 

11 ‘‘(ii) funds obligated under this subpara12 graph shall be reimbursed from the appropria13 tion or replenishment. 

14 ‘‘(d) ELIGIBILITY.— 

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

16 funds from the emergency fund authorized by this 

17 section only for the repair or reconstruction of high18 ways on Federal-aid highways in accordance with 

19 this chapter, except that— 

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

21 an emergency has been declared by the Gov22 ernor of the State with concurrence by the Sec23 retary, unless the President has declared the 

24 emergency to be a major disaster for the pur25 poses of the Robert T. Stafford Disaster Relief 


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

2 et seq.) for which concurrence of the Secretary 

3 is not required; and 

4 ‘‘(B) the Secretary has received an applica5 tion from the State transportation department 

6 that includes a comprehensive list of all eligible 

7 project sites and repair costs by not later than 

8 2 years after the natural disaster or cata9 strophic failure. 

10 ‘‘(2) COST LIMITATION.— 

11 ‘‘(A) DEFINITION OF COMPARABLE FACIL12 ITY.—In this paragraph, the term ‘comparable 

13 facility’ means a facility that meets the current 

14 geometric and construction standards required 

15 for a facility of comparable capacity and char16 acter to the destroyed facility, except a bridge 

17 facility which may be constructed for the type 

18 and volume of traffic that the bridge will carry 

19 over its design life. 

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

21 project funded under this section may not ex22 ceed the cost of repair or reconstruction of a 

23 comparable facility. 

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

25 removal shall be an eligible expense only for events 


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1 not eligible for assistance pursuant to the Robert T. 

2 Stafford Disaster Relief and Emergency Assistance 

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

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

5 projects under this section for any fiscal year in the 

6 Virgin Islands, Guam, American Samoa, and the 

7 Commonwealth of the Northern Mariana Islands 

8 shall not exceed $20,000,000. 

9 ‘‘(5) SUBSTITUTE TRAFFIC.—Notwithstanding 

10 any other provision of this section, actual and nec11 essary costs of maintenance and operation of ferry12 boats or additional transit service providing tem13 porary substitute highway traffic service, less the 

14 amount of fares charged for comparable service, may 

15 be expended from the emergency fund authorized by 

16 this section for Federal-aid highways. 

17 ‘‘(e) TRIBAL TRANSPORTATION FACILITIES, FED18 ERAL LANDS TRANSPORTATION FACILITIES, AND PUBLIC

19 ROADS ON FEDERAL LANDS.— 

20 ‘‘(1) DEFINITION OF OPEN TO PUBLIC TRAV21 EL.—In this subsection, the term ‘open to public 

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

23 during scheduled periods, extreme weather condi24 tions, or emergencies, the road is open to the general 

25 public for use with a standard passenger vehicle, 


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1 without restrictive gates or prohibitive signs or regu2 lations, other than for general traffic control or re3 strictions based on size, weight, or class of registra4 tion. 

5 ‘‘(2) EXPENDITURE OF FUNDS.—Notwith6 standing subsection (d)(1), the Secretary may ex7 pend funds from the emergency fund authorized by 

8 this section, independently or in cooperation with 

9 any other branch of the Federal Government, a 

10 State agency, a tribal government, an organization, 

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

12 transportation facilities, Federal lands transpor13 tation facilities, and other federally owned roads that 

14 are open to public travel, whether or not those facili15 ties are Federal-aid highways. 

16 ‘‘(3) REIMBURSEMENT.— 

17 ‘‘(A) IN GENERAL.—The Secretary may re18 imburse Federal and State agencies (including 

19 political subdivisions) for expenditures made for 

20 projects determined eligible under this section, 

21 including expenditures for emergency repairs 

22 made before a determination of eligibility. 

23 ‘‘(B) TRANSFERS.—With respect to reim24 bursements described in subparagraph (A)— 


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1 ‘‘(i) those reimbursements to Federal 

2 agencies and Indian tribal governments 

3 shall be transferred to the account from 

4 which the expenditure was made, or to a 

5 similar account that remains available for 

6 obligation; and 

7 ‘‘(ii) the budget authority associated 

8 with the expenditure shall be restored to 

9 the agency from which the authority was 

10 derived and shall be available for obligation 

11 until the end of the fiscal year following 

12 the year in which the transfer occurs. 

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

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

15 and the Commonwealth of the Northern Mariana Islands 

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

17 States, and the chief executive officer of each such terri18 tory shall be considered to be a Governor of a State.’’. 

19 SEC. 1108. TRANSPORTATION MOBILITY PROGRAM. 

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

21 States Code, is amended to read as follows: 

22 ‘‘§ 133. Transportation mobility program 

23 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab24 lish and implement a transportation mobility program 

25 under this section. 


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

2 mobility program shall be to assist States and localities 

3 in improving the conditions and performance on Federal4 aid highways and on bridges on any public road. 

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

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

7 mobility program may be obligated for any of following 

8 purposes: 

9 ‘‘(1) Construction, reconstruction, rehabilita10 tion, resurfacing, restoration, preservation, or oper11 ational improvements for highways, including con12 struction of designated routes of the Appalachian de13 velopment highway system. 

14 ‘‘(2) Replacement (including replacement with 

15 fill material), rehabilitation, preservation, protection 

16 (including painting, scour countermeasures, seismic 

17 retrofits, impact protection measures, security coun18 termeasures, and protection against extreme events) 

19 and application of calcium magnesium acetate, so20 dium acetate/formate, or other environmentally ac21 ceptable, minimally corrosive anti-icing and deicing 

22 compositions for bridges (and approaches to bridges 

23 and other elevated structures) and tunnels on public 

24 roads of all functional classifications, including any 


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1 such construction or reconstruction necessary to ac2 commodate other transportation modes. 

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

4 a new location on a highway, including any such 

5 construction necessary to accommodate other trans6 portation modes. 

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

8 meaning of section 144) of bridges and tunnels on 

9 public roads of all functional classifications and in10 spection and evaluation of other highway infrastruc11 ture assets, including signs and sign structures, re12 taining walls, and drainage structures. 

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

14 (within the meaning of section 144). 

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

16 for assistance under chapter 53 of title 49, including 

17 vehicles and facilities, whether publicly or privately 

18 owned, that are used to provide intercity passenger 

19 service by bus. 

20 ‘‘(7) Carpool projects, fringe and corridor park21 ing facilities and programs, including electric vehicle 

22 infrastructure in accordance with section 137, bicy23 cle transportation and pedestrian walkways in ac24 cordance with section 217, and the modification of 


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1 public sidewalks to comply with the Americans with 

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

3 ‘‘(8) Highway and transit safety infrastructure 

4 improvements and programs, installation of safety 

5 barriers and nets on bridges, hazard eliminations, 

6 projects to mitigate hazards caused by wildlife, and 

7 railway-highway grade crossings. 

8 ‘‘(9) Highway and transit research and develop9 ment and technology transfer programs. 

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

11 and traveler information monitoring, management, 

12 and control facilities and programs, including truck 

13 stop electrification systems. 

14 ‘‘(11) Projects and strategies designed to sup15 port congestion pricing, including electronic toll col16 lection and travel demand management strategies 

17 and programs. 

18 ‘‘(12) Surface transportation planning. 

19 ‘‘(13) Transportation enhancement activities. 

20 ‘‘(14) Recreational trails projects eligible for 

21 funding under section 206. 

22 ‘‘(15) Construction of ferry boats and ferry ter23 minal facilities eligible for funding under section 

24 129(c). 


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1 ‘‘(16) Border infrastructure projects eligible for 

2 funding under section 1303 of the SAFETEA-LU 

3 (Public Law 109–59). 

4 ‘‘(17) Projects associated with National Scenic 

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

6 eligible for funding under section 162. 

7 ‘‘(18) Truck parking facilities eligible for fund8 ing under section 1401 of the MAP–21. 

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

10 funding under section 1404 of the SAFETEA–LU 

11 (23 U.S.C. 402 note; Public Law 109–59). 

12 ‘‘(20) Transportation control measures de13 scribed in section 108(f)(1)(A) of the Clean Air Act 

14 (42 U.S.C. 7408(f)(1)(A)), other than section 

15 108(f)(1)(A)(xvi) of that Act. 

16 ‘‘(21) Development and implementation of a 

17 State asset management plan for the National High18 way System in accordance with section 119, includ19 ing data collection, maintenance, and integration 

20 and the costs associated with obtaining, updating, 

21 and licensing software and equipment required for 

22 risk-based asset management and performance-based 

23 management, and for similar activities relating to 

24 the development and implementation of a performVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 ance-based management system program for other 

2 public roads. 

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

4 law (including regulations), participation in natural 

5 habitat and wetlands mitigation efforts relating to 

6 projects funded under this title, which may include 

7 participation in natural habitat and wetlands mitiga8 tion banks, contributions to statewide and regional 

9 efforts to conserve, restore, enhance, and create nat10 ural habitats and wetlands, and development of 

11 statewide and regional natural habitat and wetlands 

12 conservation and mitigation plans, including any 

13 such banks, efforts, and plans developed in accord14 ance with applicable Federal law (including regula15 tions), on the conditions that— 

16 ‘‘(A) contributions to those mitigation ef17 forts may— 

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

19 advance of project construction; and 

20 ‘‘(ii) occur in advance of project con21 struction only if the efforts are consistent 

22 with all applicable requirements of Federal 

23 law (including regulations) and State 

24 transportation planning processes; and 


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1 ‘‘(B) with respect to participation in a nat2 ural habitat or wetland mitigation effort relat3 ing to a project funded under this title that has 

4 an impact that occurs within the service area of 

5 a mitigation bank, preference is given, to the 

6 maximum extent practicable, to the use of the 

7 mitigation bank if the bank contains sufficient 

8 available credits to offset the impact and the 

9 bank is approved in accordance with applicable 

10 Federal law (including regulations). 

11 ‘‘(23) Infrastructure-based intelligent transpor12 tation systems capital improvements. 

13 ‘‘(24) Environmental restoration and pollution 

14 abatement in accordance with section 328. 

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

16 noxious weeds and establishment of native species in 

17 accordance with section 329. 

18 ‘‘(26) Improvements to a freight railroad, ma19 rine highway, or intermodal facility, but only to the 

20 extent that the Secretary concurs with the State 

21 that— 

22 ‘‘(A) the project will make significant im23 provement to freight movements on the national 

24 freight network; 


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1 ‘‘(B) the public benefit of the project ex2 ceeds the Federal investment; and 

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

4 than a highway project on a segment of the pri5 mary freight network, except that a State may 

6 not obligate in excess of 5 percent of funds ap7 portioned to the State under section 104(b)(2) 

8 to carry out this section for that purpose. 

9 ‘‘(27) Maintenance of and improvements to all 

10 public roads, including non-State-owned public roads 

11 and roads on tribal land— 

12 ‘‘(A) that are located within 10 miles of the 

13 international border between the United States 

14 and Canada or Mexico; and 

15 ‘‘(B) on which federally owned vehicles com16 prise more than 50 percent of the traffic. 

17 ‘‘(28) Construction, reconstruction, resurfacing, 

18 restoration, rehabilitation, and preservation of, and 

19 operational improvements for, any public road if— 

20 ‘‘(A) the public road, and the highway 

21 project to be carried out with respect to the pub22 lic road, are in the same corridor as, and in 

23 proximity to— 


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1 ‘‘(i) a fully access-controlled highway 

2 designated as a part of the National High3 way System; or 

4 ‘‘(ii) in areas with a population of less 

5 than 200,000, a federal-aid highway des6 ignated as part of the National Highway 

7 System; 

8 ‘‘(B) the construction or improvements will 

9 enhance the level of service on the highway de10 scribed in subparagraph (A) and improve re11 gional traffic flow; and 

12 ‘‘(C) the construction or improvements are 

13 more cost-effective, as determined by benefit-cost 

14 analysis, than an improvement to the highway 

15 described in subparagraph (A). 

16 ‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS TO

17 AREAS BASED ON POPULATION.— 

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

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

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

21 obligated under this section, in proportion to 

22 their relative shares of the population of the 

23 State— 


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

2 with an urbanized area population of over 

3 200,000; 

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

5 urban areas with a population greater than 

6 5,000; and 

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

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

9 area of the State. 

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

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

12 be obligated in the metropolitan area established 

13 under section 134 that encompasses the urbanized 

14 area. 

15 ‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS

16 OF OVER 200,000 POPULATION.— 

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

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

19 State is required to obligate under paragraph 

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

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

22 relative population of the areas. 

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

24 obligate the funds described in subparagraph 

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


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1 relevant metropolitan planning organizations 

2 jointly apply to the Secretary for the permission 

3 to base the obligation on other factors and the 

4 Secretary grants the request. 

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

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

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

8 transportation mobility program projects may not be un9 dertaken on roads functionally classified as local or rural 

10 minor collectors. 

11 ‘‘(f) APPLICABILITY OF PLANNING REQUIRE12 MENTS.—Programming and expenditure of funds for 

13 projects under this section shall be consistent with sections 

14 134 and 135. 

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

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

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

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

19 on a Federal-aid highway. 

20 ‘‘(2) SPECIAL RULE.— 

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

22 deficient off-system bridges in a State increases 

23 for the 2 most recent consecutive years, the 

24 State shall be required, during the following fis25 cal year, to obligate for the improvement of deVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6401 E:\BILLS\S1813.RS S1813

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1 ficient off-system bridges from the amounts ap2 portioned to the State under section 104(b)(2) 

3 an amount that is not less than 110 percent of 

4 the amount of funds required to be obligated by 

5 the State for off-system bridges for fiscal year 

6 2009 under section 144(f)(2), as in effect on 

7 the day before the date of enactment of the 

8 MAP–21, except that the amount reserved 

9 under this subparagraph shall be increased by 

10 2 percent over the amount reserved in the pre11 vious fiscal year for each year after fiscal year 

12 2013. 

13 ‘‘(A) PENALTY.—If the total deck area of de14 ficient off-system bridges in a State increases for 

15 the 2 most recent consecutive years, the State 

16 shall be required, during the following fiscal 

17 year, to obligate for the improvement of deficient 

18 off-system bridges from the amounts apportioned 

19 to the State under section 104(b)(2) an amount 

20 that is not less than 110 percent of the amount 

21 of funds required to be obligated by the State for 

22 off-system bridges for fiscal year 2009 under sec23 tion 144(f)(2), as in effect on the day before the 

24 date of enactment of the MAP–21, except that for 

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1 quired to be obligated under this subparagraph 

2 shall be increased by 2 percent over the amount 

3 required to be obligated in the previous fiscal 

4 year. 

5 ‘‘(B) RESTORATION.—The obligation re6 quirement for off-system bridges in a State re7 quired by subparagraph (A) for a fiscal year 

8 shall remain in effect for each subsequent fiscal 

9 year until such time as the total deck area of 

10 deficient off-system bridges in the State has de11 creased to the level it was in the State for the 

12 fiscal year prior to the establishment of the ob13 ligation requirement for the State under sub14 paragraph (A). 

15 ‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL16 AID HIGHWAYS.—Notwithstanding any other provi17 sion of law, with respect to any project not on a 

18 Federal-aid highway for the replacement of a bridge 

19 or rehabilitation of a bridge that is wholly funded 

20 from State and local sources, is eligible for Federal 

21 funds under this section, is noncontroversial, is cer22 tified by the State to have been carried out in ac23 cordance with all standards applicable to such 

24 projects under this section, and is determined by the 


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1 Secretary upon completion to be no longer a defi2 cient bridge— 

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

4 of enactment of this subsection from State and 

5 local sources for the project in excess of 20 per6 cent of the cost of construction of the project 

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

8 cost of other bridge projects in the State that 

9 are eligible for Federal funds under this sec10 tion; and 

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

12 accordance with procedures established by the 

13 Secretary. Secretary.’’ 

14 ‘‘(h) ADMINISTRATION.— 

15 ‘‘(1) SUBMISSION OF PROJECT AGREEMENT.— 

16 For each fiscal year, each State shall submit a project 

17 agreement that— 

18 ‘‘(A) certifies that the State will meet all the 

19 requirements of this section; and 

20 ‘‘(B) notifies the Secretary of the amount of 

21 obligations needed to carry out the program 

22 under this section. 

23 ‘‘(2) REQUEST FOR ADJUSTMENTS OF

24 AMOUNTS.—Each State shall request from the Sec25 retary such adjustments to the amount of obligations 


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1 referred to in paragraph (1)(B) as the State deter2 mines to be necessary. 

3 ‘‘(3) EFFECT OF APPROVAL BY THE SEC4 RETARY.—Approval by the Secretary of a project 

5 agreement under paragraph (1) shall be deemed a 

6 contractual obligation of the United States to pay 

7 transportation mobility program funds made avail8 able under this title.’’. 

9 (b) CONFORMING AMENDMENT.—The analysis for 

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

11 striking the item relating to section 133 and inserting the 

12 following: 

‘‘133. Transportation mobility program.’’. 

13 SEC. 1109. WORKFORCE DEVELOPMENT. 

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

15 23, United States Code, is amended— 

16 (1) by striking ‘‘Whenever apportionments are 

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

18 ‘‘From administrative funds made available under 

19 section 104(a),’’; and 

20 (2) by striking ‘‘the surface transportation pro21 gram under section 104(b) and the bridge program 

22 under section 144’’ and inserting ‘‘the transpor23 tation mobility program under section 104(b)’’. 

24 (b) DISADVANTAGED BUSINESS ENTERPRISE.—Sec25 tion 140(c) of title 23, United States Code, is amended 


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1 by striking ‘‘Whenever apportionments are made under 

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

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

4 SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS. 

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

6 amended— 

7 (1) in subsection (b)— 

8 (A) by striking paragraph (2) and insert9 ing the following: 

10 ‘‘(2) FUNDING.— 

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

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

13 Secretary shall deduct such sums as are nec14 essary, not to exceed $10,000,000 for each fis15 cal year each of fiscal years 2012 and 2013, to 

16 carry out this section. 

17 ‘‘(B) ALLOCATION OF FUNDS.—Funds 

18 made available to carry out this section may be 

19 allocated to the Internal Revenue Service and 

20 the States at the discretion of the Secretary, ex21 cept that of funds so made available for each 

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

23 carry out intergovernmental enforcement ef24 forts, including research and training.’’; and 

25 (B) in paragraph (8)— 


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1 (i) in the paragraph heading by strik2 ing ‘‘SURFACE TRANSPORTATION PRO3 GRAM’’ and inserting ‘‘TRANSPORTATION

4 MOBILITY PROGRAM’’; and 

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

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

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

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

9 each fiscal year,’’. 

10 SEC. 1111. NATIONAL BRIDGE AND TUNNEL INVENTORY 

11 AND INSPECTION STANDARDS. 

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

13 States Code, is amended to read as follows: 

14 ‘‘§ 144. National bridge and tunnel inventory and in15 spection standards 

16 ‘‘(a) FINDINGS AND DECLARATIONS.— 

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

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

19 United States has improved since the date of 

20 enactment of the Transportation Equity Act for 

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

22 Stat. 107), yet continued improvement to 

23 bridge conditions is essential to protect the 

24 safety of the traveling public and allow for the 

25 efficient movement of people and goods on 


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1 which the economy of the United States relies; 

2 and 

3 ‘‘(B) the systematic preventative mainte4 nance of bridges, and replacement and rehabili5 tation of deficient bridges, should be under6 taken through an overall asset management ap7 proach to transportation investment. 

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

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

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

11 condition of the highway bridges and tunnels of 

12 the United States; 

13 ‘‘(B) to use a data-driven, risk-based ap14 proach and cost-effective strategy for systematic 

15 preventative maintenance, replacement, and re16 habilitation of highway bridges and tunnels to 

17 ensure safety and extended service life; 

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

19 management systems to assist States in making 

20 timely investments; 

21 ‘‘(D) to ensure accountability and link per22 formance outcomes to investment decisions; and 

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

24 residents of rural areas of the United States 

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1 way System bridges and bridges on all public 

2 roads. 

3 ‘‘(b) NATIONAL BRIDGE AND TUNNEL INVEN4 TORIES.— 

5 ‘‘(1) IN GENERAL.—The Secretary, in consulta6 tion with the States, shall— 

7 ‘‘(A) inventory all highway bridges on pub8 lic roads that are bridges over waterways, other 

9 topographical barriers, other highways, and 

10 railroads; 

11 ‘‘(B) classify the bridges according to serv12 iceability, safety, and essentiality for public use, 

13 including the potential impacts to emergency 

14 evacuation routes and to regional and national 

15 freight and passenger mobility if the service16 ability of the bridge is restricted or diminished; 

17 and 

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

19 each a risk-based priority for systematic pre20 ventative maintenance, replacement, or rehabili21 tation. 

22 ‘‘(2) TRIBALLY OWNED AND FEDERALLY

23 OWNED BRIDGES.—As part of the activities carried 

24 out under paragraph (1), the Secretary, in consultaVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 tion with the Secretaries of appropriate Federal 

2 agencies, shall— 

3 ‘‘(A) inventory all tribally owned and Fed4 erally owned highway bridges that are open to 

5 the public, over waterways, other topographical 

6 barriers, other highways, and railroads; 

7 ‘‘(B) classify the bridges according to serv8 iceability, safety, and essentiality for public use; 

9 and 

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

11 each a risk-based priority for systematic pre12 ventative maintenance, replacement, or rehabili13 tation. 

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

15 a national inventory of highway tunnels reflecting 

16 the findings of the most recent highway tunnel in17 spections conducted by States under this section. 

18 ‘‘(c) GENERAL BRIDGE AUTHORITY.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2) and notwithstanding any other provision 

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

22 525 et seq.) shall apply to bridges authorized to be 

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

24 ‘‘(2) EXCEPTION.—Section 502(b) of the Gen25 eral Bridge Act of 1946 (33 U.S.C. 525(b)) and secVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 tion 9 of the Act of March 3, 1899 (33 U.S.C. 401), 

2 shall not apply to any bridge constructed, recon3 structed, rehabilitated, or replaced with assistance 

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

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

6 to use in the natural condition of the bridge or 

7 by reasonable improvement as a means to 

8 transport interstate or foreign commerce; and 

9 ‘‘(B) are— 

10 ‘‘(i) not tidal; or 

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

12 boating, fishing, and other small vessels 

13 that are less than 21 feet in length. 

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

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

16 ‘‘(A) annually revise the inventories au17 thorized by subsection (b); 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 inventories. 

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

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

25 each State and appropriate Federal agency shall reVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 port element level data to the Secretary, as each 

2 bridge is inspected pursuant to this section, for all 

3 highway bridges on the National Highway System. 

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

5 guidance to States and Federal agencies for imple6 mentation of this subsection, while respecting the ex7 isting inspection schedule of each State. 

8 ‘‘(4) BRIDGES NOT ON NATIONAL HIGHWAY

9 SYSTEM.—The Secretary shall— 

10 ‘‘(A) conduct a study on the benefits, cost11 effectiveness, and feasibility of requiring ele12 ment-level data collection for bridges not on the 

13 National Highway System; and 

14 ‘‘(B) submit to the Committee on Trans15 portation and Infrastructure of the House of 

16 Representatives and the Committee on Environ17 ment and Public Works of the Senate a report 

18 on the results of the study. 

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

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

21 provision of law, any bridge that is owned and oper22 ated by an agency that does not have taxing powers 

23 and whose functions include operating a federally as24 sisted public transit system subsidized by toll reve25 nues shall be eligible for assistance under this title, 


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1 but the amount of such assistance shall in no event 

2 exceed the cumulative amount which such agency 

3 has expended for capital and operating costs to sub4 sidize such transit system. 

5 ‘‘(2) INSUFFICIENT ASSETS.—Before author6 izing an expenditure of funds under this subsection, 

7 the Secretary shall determine that the applicant 

8 agency has insufficient reserves, surpluses, and pro9 jected revenues (over and above those required for 

10 bridge and transit capital and operating costs) to 

11 fund the necessary bridge replacement or rehabilita12 tion project. 

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

14 Any non-Federal funds expended for the seismic ret15 rofit of the bridge may be credited toward the non16 Federal share required as a condition of receipt of 

17 any Federal funds for seismic retrofit of the bridge 

18 made available after the date of the expenditure. 

19 ‘‘(f) REPLACEMENT OF DESTROYED BRIDGES AND

20 FERRY BOAT SERVICE.— 

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

22 provision of law, a State may use the funds appor23 tioned under section 104(b)(2) to construct any 

24 bridge that replaces— 


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

2 the length of the low water crossing); 

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

4 to January 1, 1965; 

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

6 January 1, 1984; or 

7 ‘‘(D) any road bridge that is rendered ob8 solete as a result of a Corps of Engineers flood 

9 control or channelization project and is not re10 built with funds from the Corps of Engineers. 

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

12 payable on any bridge construction carried out under 

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

14 construction. 

15 ‘‘(g) HISTORIC BRIDGES.— 

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

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

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

19 National Register of Historic Places. 

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

21 cooperation with the States, encourage the retention, 

22 rehabilitation, adaptive reuse, and future study of 

23 historic bridges. 

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

25 require each State to complete an inventory of all 


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1 bridges on and off Federal-aid highways to deter2 mine the historic significance of the bridges. 

3 ‘‘(4) ELIGIBILITY.— 

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graph (B), reasonable costs associated with ac6 tions to preserve, or reduce the impact of a 

7 project under this chapter on, the historic integ8 rity of a historic bridge shall be eligible as reim9 bursable project costs under section 133 if the 

10 load capacity and safety features of the historic 

11 bridge are adequate to serve the intended use 

12 for the life of the historic bridge. 

13 ‘‘(B) BRIDGES NOT USED FOR VEHICLE

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

15 is no longer used for motorized vehicular traf16 fic, the costs eligible as reimbursable project 

17 costs pursuant to this chapter shall not exceed 

18 the estimated cost of demolition of the historic 

19 bridge. 

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

21 to demolish a historic bridge for a replacement 

22 project with funds made available to carry out this 

23 section shall first make the historic bridge available 

24 for donation to a State, locality, or responsible priVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 vate entity if the State, locality, or responsible entity 

2 enters into an agreement— 

3 ‘‘(A) to maintain the bridge and the fea4 tures that give the historic bridge its historic 

5 significance; and 

6 ‘‘(B) to assume all future legal and finan7 cial responsibility for the historic bridge, which 

8 may include an agreement to hold the State 

9 transportation department harmless in any li10 ability action. 

11 ‘‘(6) COSTS INCURRED.— 

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

13 State to preserve a historic bridge (including 

14 funds made available to the State, locality, or 

15 private entity to enable it to accept the bridge) 

16 shall be eligible as reimbursable project costs 

17 under this chapter in an amount not to exceed 

18 the cost of demolition. 

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

20 preserved pursuant to this paragraph shall not 

21 be eligible for any other funds authorized pur22 suant to this title. 

23 ‘‘(h) NATIONAL BRIDGE AND TUNNEL INSPECTION

24 STANDARDS.— 

25 ‘‘(1) REQUIREMENT.— 


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

2 establish and maintain inspection standards for 

3 the proper inspection and evaluation of all high4 way bridges and tunnels for safety and service5 ability. 

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

7 this subsection shall be designed to ensure uni8 formity of the inspections and evaluations. 

9 ‘‘(2) MINIMUM REQUIREMENTS OF INSPECTION

10 STANDARDS.—The standards established under 

11 paragraph (1) shall, at a minimum— 

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

13 which the inspections shall be carried out by the 

14 States, Federal agencies, and tribal govern15 ments; 

16 ‘‘(B) establish the maximum time period 

17 between inspections; 

18 ‘‘(C) establish the qualifications for those 

19 charged with carrying out the inspections; 

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

21 and tribal government to maintain and make 

22 available to the Secretary on request— 

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

24 highway bridge and tunnel inspections and 


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1 notations of any action taken pursuant to 

2 the findings of the inspections; and 

3 ‘‘(ii) current inventory data for all 

4 highway bridges and tunnels reflecting the 

5 findings of the most recent highway bridge 

6 and tunnel inspections conducted; and 

7 ‘‘(E) establish a procedure for national 

8 certification of highway bridge inspectors and 

9 tunnel inspectors. 

10 ‘‘(3) STATE COMPLIANCE WITH INSPECTION

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

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

13 States, and interested and knowledgeable pri14 vate organizations and individuals, procedures 

15 to conduct reviews of State compliance with— 

16 ‘‘(i) the standards established under 

17 this subsection; and 

18 ‘‘(ii) the calculation or reevaluation of 

19 bridge load ratings; and 

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

21 States, and interested and knowledgeable pri22 vate organizations and individuals, procedures 

23 for States to follow in reporting to the Sec24 retary— 


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1 ‘‘(i) critical findings relating to struc2 tural or safety-related deficiencies of high3 way bridges; and 

4 ‘‘(ii) monitoring activities and correc5 tive actions taken in response to a critical 

6 finding. 

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

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

9 annually review State compliance with the 

10 standards established under this section. 

11 ‘‘(B) NONCOMPLIANCE.—If an annual re12 view in accordance with subparagraph (A) iden13 tifies noncompliance by a State, the Secretary 

14 shall— 

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

16 of the noncompliance by December 31 of 

17 the calendar year in which the review was 

18 made; and 

19 ‘‘(ii) provide the State an opportunity 

20 to address the noncompliance by— 

21 ‘‘(I) developing a corrective ac22 tion plan to remedy the noncompli23 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 (including crash rates), fatali5 ties, serious injuries, traffic volume levels, 

6 and other relevant data; 

7 ‘‘(iii) identify the number of fatalities 

8 and serious injuries on all public roads by 

9 location in the State; 

10 ‘‘(iv) identify highway safety improve11 ment projects on the basis of crash experi12 ence, crash potential, crash rate, or other 

13 data-supported means; and 

14 ‘‘(v) consider which projects maximize 

15 opportunities to advance safety; 

16 ‘‘(C) adopt strategic and performance17 based goals that— 

18 ‘‘(i) address traffic safety, including 

19 behavioral and infrastructure problems and 

20 opportunities on all public roads; 

21 ‘‘(ii) focus resources on areas of 

22 greatest need; and 

23 ‘‘(iii) are coordinated with other State 

24 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, crashes (including crash rate), serious 

21 injuries, fatalities, and traffic volume lev22 els; and 

23 ‘‘(v) improves the ability of the State 

24 to identify the number of fatalities and se25 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 for projects on high risk rural 

6 roads an amount equal to at least 200 percent of the 

7 amount of funds the State received for fiscal year 

8 2009 for high risk rural roads under subsection (f) 

9 of this section, as in effect on the day before the 

10 date of enactment 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 ‘‘(2) RAIL-HIGHWAY GRADE CROSSINGS.—If the 

22 average number of fatalities at rail-highway grade 

23 crossings in a State over the most recent 2-year pe24 riod for which data are available increases over the 

25 average number of fatalities during the preceding 2- 


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1 year period, that State shall be required to obligate 

2 in the next fiscal year for projects on rail-highway 

3 grade crossings an amount equal to 120 percent of the 

4 amount of funds the State received for fiscal year 

5 2009 for rail-highway grade crossings under section 

6 130(f) (as in effect on the day before the date of enact7 ment of the MAP–21). 

8 ‘‘(j) REPORTS.— 

9 ‘‘(1) IN GENERAL.—A State shall submit to the 

10 Secretary a report that— 

11 ‘‘(A) describes the progress being made to 

12 achieve the performance targets established 

13 under subsection (h); 

14 ‘‘(B) describes progress being made to im15 plement highway safety improvement projects 

16 under this section; 

17 ‘‘(C) assesses the effectiveness of those im18 provements; and 

19 ‘‘(D) describes the extent to which the im20 provements funded under this section have con21 tributed to reducing— 

22 ‘‘(i) the number and rate of fatalities 

23 on all public roads with, to the maximum 

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1 tional classification and ownership in the 

2 State; 

3 ‘‘(ii) the number and rate of serious 

4 injuries on all public roads with, to the 

5 maximum extent practicable, a breakdown 

6 by functional classification and ownership 

7 in the State; and 

8 ‘‘(iii) the occurrences of fatalities and 

9 serious injuries at railway-highway cross10 ings. 

11 ‘‘(2) CONTENTS; SCHEDULE.—The Secretary 

12 shall establish the content and schedule for the sub13 mission of the report under paragraph (1). 

14 ‘‘(3) TRANSPARENCY.—The Secretary shall 

15 make strategic highway safety plans submitted 

16 under subsection (d) and reports submitted under 

17 this subsection available to the public through— 

18 ‘‘(A) the website of the Department; and 

19 ‘‘(B) such other means as the Secretary 

20 determines to be appropriate. 

21 ‘‘(4) DISCOVERY AND ADMISSION INTO EVI22 DENCE OF CERTAIN REPORTS, SURVEYS, AND INFOR23 MATION.—Notwithstanding any other provision of 

24 law, reports, surveys, schedules, lists, or data com25 piled or collected for any purpose relating to this 


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1 section, shall not be subject to discovery or admitted 

2 into evidence in a Federal or State court proceeding 

3 or considered for other purposes in any action for 

4 damages arising from any occurrence at a location 

5 identified or addressed in the reports, surveys, 

6 schedules, lists, or other data. 

7 ‘‘(k) STATE PERFORMANCE TARGETS.—If the Sec8 retary determines that a State has not met or made sig9 nificant progress toward meeting the performance targets 

10 of the State established under subsection (h) by the date 

11 that is 2 years after the date of the establishment of the 

12 performance targets, the State shall— 

13 ‘‘(1) use obligation authority equal to the ap14 portionment of the State for the prior year under 

15 section 104(b)(3) only for highway safety improve16 ment projects under this section until the Secretary 

17 determines that the State has met or made signifi18 cant progress toward meeting the performance tar19 gets of the State; and 

20 ‘‘(2) submit annually to the Secretary, until the 

21 Secretary determines that the State has met or 

22 made significant progress toward meeting the per23 formance targets of the State, an implementation 

24 plan that— 


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1 ‘‘(A) identifies roadway features that con2 stitute a hazard to road users; 

3 ‘‘(B) identifies highway safety improve4 ment projects on the basis of crash experience, 

5 crash potential, or other data-supported means; 

6 ‘‘(C) describes how highway safety im7 provement program funds will be allocated, in8 cluding projects, activities, and strategies to be 

9 implemented; 

10 ‘‘(D) describes how the proposed projects, 

11 activities, and strategies funded under the State 

12 highway safety improvement program will allow 

13 the State to make progress toward achieving 

14 the safety performance targets of the State; and 

15 ‘‘(E) describes the actions the State will 

16 undertake to meet the performance targets of 

17 the State. 

18 ‘‘(l) FEDERAL SHARE OF HIGHWAY SAFETY IM19 PROVEMENT PROJECTS.—Except as provided in sections 

20 120 and 130, the Federal share of the cost of a highway 

21 safety improvement project carried out with funds appor22 tioned to a State under section 104(b)(3) shall be 90 per23 cent.’’. 


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1 SEC. 1113. CONGESTION MITIGATION AND AIR QUALITY IM2 PROVEMENT PROGRAM. 

3 Section 149 of title 23, United States Code, is 

4 amended to read as follows: 

5 ‘‘§ 149. Congestion mitigation and air quality im6 provement program 

7 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab8 lish and implement a congestion mitigation and air quality 

9 improvement program in accordance with this section. 

10 ‘‘(b) ELIGIBLE PROJECTS.— 

11 ‘‘(1) IN GENERAL.—Except as provided in sub12 section (c), a State may obligate funds apportioned 

13 to the State for the congestion mitigation and air 

14 quality improvement program under section 

15 104(b)(4) that are not reserved under subsection (l) 

16 only for a transportation project or program if the 

17 project or program is for an area in the State that 

18 is or was designated as a nonattainment area for 

19 ozone, carbon monoxide, or particulate matter under 

20 section 107(d) of the Clean Air Act (42 U.S.C. 

21 7407(d)) and classified pursuant to section 181(a), 

22 186(a), 188(a), or 188(b) of the Clean Air Act (42 

23 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is 

24 or was designated as a nonattainment area under 

25 section 107(d) of that Act after December 31, 1997, 

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1 trator of the Environmental Protection Agency, 

2 maintenance plans under the Clean Air Act (42 

3 U.S.C. 7401 et seq.); and 

4 ‘‘(A)(i)(I) if the Secretary, after consulta5 tion with the Administrator determines, on the 

6 basis of information published by the Environ7 mental Protection Agency pursuant to subpara8 graph (A) of section 108(f)(1) of the Clean Air 

9 Act (other than clause (xvi) of that subpara10 graph) (42 U.S.C. 7408(f)(1)) that the project 

11 or program is likely to contribute to— 

12 ‘‘(aa) the attainment of a national 

13 ambient air quality standard; or 

14 ‘‘(bb) the maintenance of a national 

15 ambient air quality standard in a mainte16 nance area; and 

17 ‘‘(II) there exists a high level of effective18 ness in reducing air pollution, in cases of 

19 projects or programs where sufficient informa20 tion is available in the database established pur21 suant to subsection (h) to determine the relative 

22 effectiveness of such projects or programs; or 

23 ‘‘(ii) in any case in which such information 

24 is not available, if the Secretary, after such con25 sultation, determines that the project or proVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 gram is part of a program, method, or strategy 

2 described in such section 108(f)(1)(A); 

3 ‘‘(B) if the project or program is included 

4 in a State implementation plan that has been 

5 approved pursuant to the Clean Air Act and the 

6 project will have air quality benefits; 

7 ‘‘(C) to establish or operate a traffic moni8 toring, management, and control facility or pro9 gram, including advanced truck stop electrifica10 tion systems, if the Secretary, after consultation 

11 with the Administrator, determines that the fa12 cility or program is likely to contribute to the 

13 attainment of a national ambient air quality 

14 standard; 

15 ‘‘(D) if the program or project improves 

16 traffic flow, including projects to improve sig17 nalization, construct high-occupancy vehicle 

18 lanes, improve intersections, add turning lanes, 

19 improve transportation systems management 

20 and operations that mitigate congestion and im21 prove air quality, and implement intelligent 

22 transportation system strategies and such other 

23 projects that are eligible for assistance under 

24 this section on the day before the date of enact25 ment of the MAP–21, including programs or 


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1 projects to improve incident and emergency re2 sponse or improve mobility, such as through 

3 real-time traffic, transit, and multimodal trav4 eler information; 

5 ‘‘(E) if the project or program involves the 

6 purchase of integrated, interoperable emergency 

7 communications equipment; 

8 ‘‘(F) if the project or program is for— 

9 ‘‘(i) the purchase of diesel retrofits 

10 that are— 

11 ‘‘(I) for motor vehicles (as de12 fined in section 216 of the Clean Air 

13 Act (42 U.S.C. 7550)); or 

14 ‘‘(II) verified or certified tech15 nologies included in the list published 

16 pursuant to subsection (f)(2), as in ef17 fect on the day before the date of en18 actment of the MAP–21, for nonroad 

19 vehicles and nonroad engines (as de20 fined in section 216 of the Clean Air 

21 Act (42 U.S.C. 7550)) that are used 

22 in construction projects that are— 

23 ‘‘(aa) located in nonattain24 ment or maintenance areas for 

25 ozone, PM10, or PM2.5 (as deVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 fined under the Clean Air Act 

2 (42 U.S.C. 7401 et seq.)); and 

3 ‘‘(bb) funded, in whole or in 

4 part, under this title; or 

5 ‘‘(ii) the conduct of outreach activities 

6 that are designed to provide information 

7 and technical assistance to the owners and 

8 operators of diesel equipment and vehicles 

9 regarding the purchase and installation of 

10 diesel retrofits; 

11 ‘‘(G) if the project or program shifts traf12 fic demand to nonpeak hours or other transpor13 tation modes, increases vehicle occupancy rates, 

14 or otherwise reduces demand for roads through 

15 such means as telecommuting, ridesharing, 

16 carsharing, alternative work hours, and pricing; 

17 or 

18 ‘‘(H) if the Secretary, after consultation 

19 with the Administrator, determines that the 

20 project or program is likely to contribute to the 

21 attainment of a national ambient air quality 

22 standard, whether through reductions in vehicle 

23 miles traveled, fuel consumption, or through 

24 other factors. 


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1 ‘‘(2) LIMITATIONS.—Funds apportioned to a 

2 State under section 104(b)(4) and not reserved 

3 under subsection (l) may not be obligated for a 

4 project that will result in the construction of new ca5 pacity available to single-occupant vehicles unless 

6 the project consists of a high-occupancy vehicle facil7 ity available to single-occupant vehicles only at other 

8 than peak travel times or such use by single-occu9 pant vehicles at peak travel times is subject to a toll. 

10 ‘‘(c) STATES FLEXIBILITY.— 

11 ‘‘(1) STATES WITHOUT A NONATTAINMENT

12 AREA.—If a State does not have, and never has had, 

13 a nonattainment area designated under the Clean 

14 Air Act (42 U.S.C. 7401 et seq.) for ozone, carbon 

15 monoxide, or PM2.5, the State may use funds appor16 tioned to the State under section 104(b)(4) (exclud17 ing the amount of funds reserved under subsection 

18 (l)) for any project in the State that— 

19 ‘‘(A) would otherwise be eligible under sub20 section (b) as if the project were carried out in 

21 a nonattainment or maintenance area; or 

22 ‘‘(B) is eligible under the transportation 

23 mobility program under section 133. 

24 ‘‘(2) STATES WITH A NONATTAINMENT AREA.— 


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1 ‘‘(A) IN GENERAL.—If a State has a non2 attainment area or maintenance area and re3 ceived funds in fiscal year 2009 under section 

4 104(b)(2)(D), as in effect on the day before the 

5 date of enactment of the MAP–21, above the 

6 amount of funds that the State would have re7 ceived based on the nonattainment and mainte8 nance area population of the State under sub9 paragraphs (B) and (C) of section 104(b)(2), as 

10 in effect on the day before the date of enact11 ment of the MAP–21, the State may use for 

12 any project that is eligible under the transpor13 tation mobility program under section 133 an 

14 amount of funds apportioned to such State 

15 under section 104(b)(4) (excluding the amount 

16 of funds reserved under subsection (l)) that is 

17 equal to the product obtained by multiplying— 

18 ‘‘(i) the apportioned amount the 

19 amount apportioned to such State under 

20 section 104(b)(4) (excluding the amount of 

21 funds reserved under subsection (l)); by 

22 ‘‘(ii) the ratio calculated under para23 graph (B). 

24 ‘‘(B) RATIO.—For purposes of this para25 graph, the ratio shall be calculated as— 


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1 ‘‘(i) the amount for fiscal year 2009 

2 such State was permitted by section 

3 149(c)(2), as in effect on the day before 

4 the date of enactment of the MAP–21, to 

5 obligate in any area of the State for 

6 projects eligible under section 133, as in 

7 effect on the day before the date of enact8 ment of the MAP–21; bears to 

9 ‘‘(ii) the total apportionment to such 

10 State for fiscal year 2009 under section 

11 104(b)(2), as in effect on the day before 

12 the date of enactment of the MAP–21. 

13 ‘‘(3) CHANGES IN DESIGNATION.—If a new 

14 nonattainment area is designated or a previously 

15 designated nonattainment area is redesignated as an 

16 attainment area in a State under the Clean Air Act 

17 (42 U.S.C. 7401 et seq.), the Secretary shall modify 

18 the amount such State is permitted to obligate in 

19 any area of the State for projects eligible under sec20 tion 133. 

21 ‘‘(d) APPLICABILITY OF PLANNING REQUIRE22 MENTS.—Programming and expenditure of funds for 

23 projects under this section shall be consistent with the re24 quirements of sections 134 and 135. 


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1 ‘‘(e) PARTNERSHIPS WITH NONGOVERNMENTAL EN2 TITIES.— 

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

4 provision of this title and in accordance with this 

5 subsection, a metropolitan planning organization, 

6 State transportation department, or other project 

7 sponsor may enter into an agreement with any pub8 lic, private, or nonprofit entity to cooperatively im9 plement any project carried out with funds appor10 tioned under section 104(b)(4). 

11 ‘‘(2) FORMS OF PARTICIPATION BY ENTITIES.— 

12 Participation by an entity under paragraph (1) may 

13 consist of— 

14 ‘‘(A) ownership or operation of any land, 

15 facility, vehicle, or other physical asset associ16 ated with the project; 

17 ‘‘(B) cost sharing of any project expense; 

18 ‘‘(C) carrying out of administration, con19 struction management, project management, 

20 project operation, or any other management or 

21 operational duty associated with the project; 

22 and 

23 ‘‘(D) any other form of participation ap24 proved by the Secretary. 


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1 ‘‘(3) ALLOCATION TO ENTITIES.—A State may 

2 allocate funds apportioned under section 104(b)(4) 

3 to an entity described in paragraph (1). 

4 ‘‘(4) ALTERNATIVE FUEL PROJECTS.—In the 

5 case of a project that will provide for the use of al6 ternative fuels by privately owned vehicles or vehicle 

7 fleets, activities eligible for funding under this sub8 section— 

9 ‘‘(A) may include the costs of vehicle re10 fueling infrastructure, including infrastructure 

11 that would support the development, produc12 tion, and use of emerging technologies that re13 duce emissions of air pollutants from motor ve14 hicles, and other capital investments associated 

15 with the project; 

16 ‘‘(B) shall include only the incremental 

17 cost of an alternative fueled vehicle, as com18 pared to a conventionally fueled vehicle, that 

19 would otherwise be borne by a private party; 

20 and 

21 ‘‘(C) shall apply other governmental finan22 cial purchase contributions in the calculation of 

23 net incremental cost. 

24 ‘‘(5) PROHIBITION ON FEDERAL PARTICIPATION

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1 eral participation payment under this subsection 

2 may not be made to an entity to fund an obligation 

3 imposed under the Clean Air Act (42 U.S.C. 7401 

4 et seq.) or any other Federal law. 

5 ‘‘(f) PRIORITY CONSIDERATION.—States and metro6 politan planning organizations shall give priority in areas 

7 designated as nonattainment or maintenance for PM2.5

8 under the Clean Air Act (42 U.S.C. 7401 et seq.) in dis9 tributing funds received for congestion mitigation and air 

10 quality projects and programs from apportionments under 

11 section 104(b)(4) not required to be reserved under sub12 section (l) to projects that are proven to reduce PM2.5, 

13 including diesel retrofits. 

14 ‘‘(g) INTERAGENCY CONSULTATION.—The Secretary 

15 shall encourage States and metropolitan planning organi16 zations to consult with State and local air quality agencies 

17 in nonattainment and maintenance areas on the estimated 

18 emission reductions from proposed congestion mitigation 

19 and air quality improvement programs and projects. 

20 ‘‘(h) EVALUATION AND ASSESSMENT OF

21 PROJECTS.— 

22 ‘‘(1) DATABASE.— 

23 ‘‘(A) IN GENERAL.—Using appropriate as24 sessments of projects funded under the conges25 tion mitigation and air quality program and reVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 sults from other research, the Secretary shall 

2 maintain and disseminate a cumulative data3 base describing the impacts of the projects, in4 cluding specific information about each project, 

5 such as the project name, location, sponsor, 

6 cost, and, to the extent already measured by the 

7 project sponsor, cost-effectiveness, based on re8 ductions in congestion and emissions. 

9 ‘‘(B) AVAILABILITY.—The database shall 

10 be published or otherwise made readily available 

11 by the Secretary in electronically accessible for12 mat and means, such as the Internet, for public 

13 review. 

14 ‘‘(2) COST EFFECTIVENESS.— 

15 ‘‘(A) IN GENERAL.—The Secretary, in con16 sultation with the Administrator of the Envi17 ronmental Protection Agency, shall evaluate 

18 projects on a periodic basis and develop a table 

19 or other similar medium that illustrates the 

20 cost-effectiveness of a range of project types eli21 gible for funding under this section as to how 

22 the projects mitigate congestion and improve 

23 air quality. 

24 ‘‘(B) CONTENTS.—The table described in 

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1 effectiveness, such as dollars per ton of emis2 sions reduced, and assess those measures over 

3 a variety of timeframes to capture impacts on 

4 the planning timeframes outlined in section 

5 134. 

6 ‘‘(C) USE OF TABLE.—States and metro7 politan planning organizations shall consider 

8 the information in the table when selecting 

9 projects or developing performance plans under 

10 subsection (k). 

11 ‘‘(i) OPTIONAL PROGRAMMATIC ELIGIBILITY.— 

12 ‘‘(1) IN GENERAL.—At the discretion of a met13 ropolitan planning organization, a technical assess14 ment of a selected program of projects may be con15 ducted through modeling or other means to dem16 onstrate the emissions reduction projection required 

17 under this section. 

18 ‘‘(2) APPLICABILITY.—If an assessment de19 scribed in paragraph (1) successfully demonstrates 

20 an emissions reduction, all projects included in such 

21 assessment shall be eligible for obligation under this 

22 section without further demonstration of emissions 

23 reduction of individual projects included in such as24 sessment. 


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1 ‘‘(j) SUBALLOCATION TO NONATTAINMENT AND

2 MAINTENANCE AREAS.— 

3 ‘‘(1) IN GENERAL.—An amount equal to 50 

4 percent of the amount of funds apportioned to each 

5 State under section 104(b)(4) (excluding the amount 

6 of funds reserved under subsection (l)) shall be sub7 allocated for projects within each area designated as 

8 nonattainment or maintenance for the pollutants de9 scribed in subsection (b). 

10 ‘‘(2) DISTRIBUTION OF FUNDS.—The distribu11 tion within any State of funds required to be sub12 allocated under paragraph (1) to each nonattain13 ment or maintenance area shall be in accordance 

14 with a formula developed by each State and ap15 proved by the Secretary, which shall consider the 

16 population of each such nonattainment or mainte17 nance area and shall be weighted by the severity of 

18 pollution in the manner described in paragraph (6). 

19 ‘‘(3) PROJECT SELECTION.—Projects under this 

20 subsection shall be selected by a State and shall be 

21 consistent with the requirements of sections 134 and 

22 135. 

23 ‘‘(4) PRIORITY FOR USE OF SUBALLOCATED

24 FUNDS IN PM2.5 AREAS.— 


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1 ‘‘(A) IN GENERAL.—An amount equal to 

2 50 percent of the funds suballocated under 

3 paragraph (1) for a nonattainment or mainte4 nance area that are based all or in part on the 

5 weighted population of such area in fine partic6 ulate matter nonattainment shall be obligated 

7 to projects that reduce such fine particulate 

8 matter emissions in such area, including diesel 

9 retrofits. 

10 ‘‘(B) CONSTRUCTION EQUIPMENT.—An 

11 amount equal to 30 percent of the funds re12 quired to be set aside under subparagraph (A) 

13 shall be obligated to carry out the objectives of 

14 section 330. 

15 ‘‘(C) OBLIGATION PROCESS.—Each 

16 ‘‘(i) IN GENERAL.—Each State or met17 ropolitan planning organization required to 

18 obligate funds in accordance with this 

19 paragraph shall develop a process to pro20 vide funding directly to eligible entities (as 

21 defined under section 330) in order to 

22 achieve the objectives of such section. 

23 ‘‘(ii) OBLIGATION.—A State may obli24 gate suballocated funds designated under 

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1 ess or other requirement established under 

2 this section. 

3 ‘‘(5) FUNDS NOT SUBALLOCATED.—Except as 

4 provided in subsection (c), funds apportioned to a 

5 State under section 104(b)(4) (excluding the amount 

6 of funds reserved under subsection (l)) and not sub7 allocated under paragraph (1) shall be made avail8 able to such State for programming in any non9 attainment or maintenance area in the State. 

10 ‘‘(6) FACTORS FOR CALCULATION OF SUB11 ALLOCATION.— 

12 ‘‘(A) IN GENERAL.—For the purposes of 

13 paragraph (2), each State shall weight the pop14 ulation of each such nonattainment or mainte15 nance area by a factor of— 

16 ‘‘(i) 1.0 if, at the time of the appor17 tionment, the area is a maintenance area 

18 for ozone or carbon monoxide; 

19 ‘‘(ii) 1.0 if, at the time of the appor20 tionment, the area is classified as a mar21 ginal ozone nonattainment area under sub22 part 2 of part D of title I of the Clean Air 

23 Act (42 U.S.C. 7511 et seq.); 

24 ‘‘(iii) 1.1 if, at the time of the appor25 tionment, the area is classified as a modVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 erate ozone nonattainment area under sub2 part 2 of part D of title I of the Clean Air 

3 Act (42 U.S.C. 7511 et seq.); 

4 ‘‘(iv) 1.2 if, at the time of the appor5 tionment, the area is classified as a serious 

6 ozone nonattainment area under subpart 2 

7 of part D of title I of the Clean Air Act 

8 (42 U.S.C. 7511 et seq.); 

9 ‘‘(v) 1.3 if, at the time of the appor10 tionment, the area is classified as a severe 

11 ozone nonattainment area under subpart 2 

12 of part D of title I of the Clean Air Act 

13 (42 U.S.C. 7511 et seq.); 

14 ‘‘(vi) 1.5 if, at the time of the appor15 tionment, the area is classified as an ex16 treme ozone nonattainment area under 

17 subpart 2 of part D of title I of the Clean 

18 Air Act (42 U.S.C. 7511 et seq.); 

19 ‘‘(vii) 1.0 if, at the time of the appor20 tionment, the area is not a nonattainment 

21 or maintenance area for ozone as described 

22 in section 149(b), but is designated under 

23 section 107 of the Clean Air Act (42 

24 U.S.C. 7407) as a nonattainment area for 

25 carbon monoxide; 


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1 ‘‘(viii) 1.0 if, at the time of the appor2 tionment, the area is designated as non3 attainment for ozone under section 107 of 

4 the Clean Air Act (42 U.S.C. 7407); or 

5 ‘‘(ix) 1.2 if, at the time of the appor6 tionment, the area is not a nonattainment 

7 or maintenance area as described in sec8 tion 149(b) for ozone, but is designated as 

9 a nonattainment or maintenance area for 

10 fine particulate matter, 2.5 micrometers or 

11 less, under section 107 of the Clean Air 

12 Act (42 U.S.C. 7407). 

13 ‘‘(B) OTHER FACTORS.—If, in addition to 

14 being designated as a nonattainment or mainte15 nance area for ozone as described in section 

16 149(b), any county within the area was also 

17 designated under section 107 of the Clean Air 

18 Act (42 U.S.C. 7407) as a nonattainment or 

19 maintenance area for carbon monoxide, or was 

20 designated under section 107 of the Clean Air 

21 Act (42 U.S.C. 7407) as a nonattainment or 

22 maintenance area for particulate matter, 2.5 

23 micrometers or less, or both, the weighted non24 attainment or maintenance area population of 

25 the county, as determined under clauses (i) 


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1 through (vi), or clause (viii), of subparagraph 

2 (A), shall be further multiplied by a factor of 

3 1.2, or a second further factor of 1.2 if the area 

4 is designated as a nonattainment or mainte5 nance area for both carbon monoxide and par6 ticulate matter, 2.5 micrometers or less. 

7 ‘‘(7) EXCEPTIONS FOR CERTAIN STATES.— 

8 ‘‘(A) A State without a nonattainment or 

9 maintenance area shall not be subject to the re10 quirements of this subsection. 

11 ‘‘(B) The amount of funds required to be 

12 set aside under paragraph (1) in a State that 

13 received a minimum apportionment for fiscal 

14 year 2009 under section 104(b)(2)(D), as in ef15 fect on the day before the date of enactment of 

16 the MAP–21, shall be based on the amount of 

17 funds such State would otherwise have been ap18 portioned under section 104(b)(4) (excluding 

19 the amount of funds reserved under subsection 

20 (l)) but for the minimum apportionment in fis21 cal year 2009. 

22 ‘‘(k) PERFORMANCE PLAN.— 

23 ‘‘(1) IN GENERAL.—Each tier I metropolitan 

24 planning organization (as defined in section 134) 


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1 representing a nonattainment or maintenance area 

2 shall develop a performance plan that— 

3 ‘‘(A) includes an area baseline level for 

4 traffic congestion and on-road mobile source 

5 emissions for which the area is in nonattain6 ment or maintenance; 

7 ‘‘(B) identifies air quality and traffic con8 gestion reduction target levels based on meas9 ures established by the Secretary; and 

10 ‘‘(C) includes a description of projects 

11 identified for funding under this section and a 

12 description of how such projects will contribute 

13 to achieving emission and traffic congestion re14 duction targets. 

15 ‘‘(2) UPDATED PLANS.— 

16 ‘‘(A) IN GENERAL.—Performance plans 

17 shall be updated on the schedule required under 

18 paragraph (3). 

19 ‘‘(B) CONTENTS.—An updated plan shall 

20 include a separate report that assesses the 

21 progress of the program of projects under the 

22 previous plan in achieving the air quality and 

23 traffic congestion targets of the previous plan. 

24 ‘‘(3) RULEMAKING.—Not later than 18 months 

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1 retary shall promulgate regulations to implement 

2 this subsection that identify performance measures 

3 for traffic congestion and on-road mobile source 

4 emissions, timelines for performance plans, and re5 quirements under this section for assessing the im6 plementation of projects carried out under this sec7 tion. 

8 ‘‘(l) ADDITIONAL ACTIVITIES.— 

9 ‘‘(1) RESERVATION OF FUNDS.—Of the funds 

10 apportioned to a State under section 104(b)(4), a 

11 State shall reserve the amount of funds attributable 

12 to the inclusion of the 10 percent of surface trans13 portation program funds apportioned to such State 

14 for fiscal year 2009 in the formula under section 

15 104(b)(4) for projects under this subsection. 

16 ‘‘(2) ELIGIBLE PROJECTS.—A State may obli17 gate the funds reserved under this subsection for 

18 any of the following projects or activities: 

19 ‘‘(A) Transportation enhancements, as de20 fined in section 101. 

21 ‘‘(B) The recreational trails program under 

22 section 206. 

23 ‘‘(C) The safe routes to school program 

24 under section 1404 of the SAFETEA-LU (23 

25 U.S.C. 402 note; Public Law 109–59). 


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1 ‘‘(D) Planning, designing, or constructing 

2 boulevards, main streets, and other roadways, 

3 including— 

4 ‘‘(i) redesign of an underused high5 way, particularly a highway that is no 

6 longer a principal route after construction 

7 of a bypass or Interstate System route, 

8 into a boulevard or main street that in9 cludes multiple forms of transportation; 

10 ‘‘(ii) new street construction that en11 hances multimodal connectivity and in12 cludes public transportation, pedestrian 

13 walkways, or bicycle infrastructure; 

14 ‘‘(iii) redesign of a street to enhance 

15 connectivity and increase the efficiency of 

16 network performance that includes public 

17 transportation, pedestrian walkways, or bi18 cycle infrastructure; 

19 ‘‘(iv) redesign of a highway to support 

20 public transportation, including transit21 only lanes and priority signalization for 

22 transit; or 

23 ‘‘(v) construction of high-occupancy 

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1 tivities that increase the efficiency of the 

2 existing road network. 

3 ‘‘(E) Providing transportation choices, in4 cluding— 

5 ‘‘(i) on-road and off-road trail facili6 ties for pedestrians, bicyclists, and other 

7 nonmotorized forms of transportation, in8 cluding sidewalks, bicycle infrastructure, 

9 pedestrian and bicycle signals, traffic 

10 calming techniques, lighting, and other 

11 safety-related infrastructure, and transpor12 tation projects to achieve compliance with 

13 the Americans with Disabilities Act of 

14 1990 (42 U.S.C. 12101 et seq.); 

15 ‘‘(ii) the planning, design, and con16 struction of infrastructure-related projects 

17 and systems that will provide safe routes 

18 for nondrivers, including children, older 

19 adults, and individuals with disabilities, to 

20 access daily needs; 

21 ‘‘(iii) activities for safety and edu22 cation for pedestrians and bicyclists and to 

23 encourage walking and bicycling, including 

24 efforts to encourage walking and bicycling 

25 to school and community centers; 


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1 ‘‘(iv) conversion and use of abandoned 

2 railroad corridors for trails for pedestrians, 

3 bicyclists, or other nonmotorized transpor4 tation users; and 

5 ‘‘(v) carpool, vanpool, and car share 

6 projects. 

7 ‘‘(D) Planning, designing, or constructing 

8 boulevards and other roadways largely in the 

9 right-of-way of former Interstate System routes 

10 or other divided highways. 

11 ‘‘(3) FLEXIBILITY OF EXCESS RESERVED

12 FUNDING.—Beginning in the second fiscal year after 

13 the date of enactment of the MAP–21, if on August 

14 1 of that fiscal year the unobligated balance of avail15 able funds apportioned to a State under section 

16 104(b)(4) and reserved by a State under this sub17 section exceeds 150 percent of such reserved amount 

18 in such fiscal year, the State may thereafter obligate 

19 the amount of excess funds for any activity— 

20 ‘‘(A) that is eligible to receive funding 

21 under this subsection; or 

22 ‘‘(B) for which the Secretary has approved 

23 the obligation of funds for any State under this 

24 section. 


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1 ‘‘(4) PROVISION OF ADEQUATE DATA, MODELING, 

2 AND SUPPORT.—In any case in which a State re3 quests reasonable technical support or otherwise re4 quests data (including planning models and other 

5 modeling), clarification, or guidance regarding the 

6 content of any final rule or applicable regulation ma7 terial to State actions under this section, the Sec8 retary and any other agency shall provide that sup9 port, clarification, or guidance in a timely manner. 

10 ‘‘(4)(5) TREATMENT OF PROJECTS.—Notwith11 standing any other provision of law, projects funded 

12 under this subsection shall be treated as projects on 

13 a Federal-aid system under this chapter.’’. 

14 SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PRO15 GRAM. 

16 (a) IN GENERAL.—Section 165 of title 23, United 

17 States Code, is amended to read as follows: 

18 ‘‘§ 165. Territorial and Puerto Rico highway program 

19 ‘‘(a) DIVISION OF FUNDS.—Of funds made available 

20 in a fiscal year for the territorial and Puerto Rico highway 

21 program— 

22 ‘‘(1) 75 percent shall be for the Puerto Rico 

23 highway program under subsection (b); and 

24 ‘‘(2) 25 percent shall be for the territorial high25 way program under subsection (c). 


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1 ‘‘(b) PUERTO RICO HIGHWAY PROGRAM.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall allo3 cate funds made available to carry out this sub4 section to the Commonwealth of Puerto Rico to 

5 carry out a highway program in the Commonwealth. 

6 ‘‘(2) TREATMENT OF FUNDS.—Amounts made 

7 available to carry out this subsection for a fiscal 

8 year shall be administered as follows: 

9 ‘‘(A) APPORTIONMENT.— 

10 ‘‘(i) IN GENERAL.—For the purpose 

11 of imposing any penalty under this title or 

12 title 49, the amounts shall be treated as 

13 being apportioned to Puerto Rico under 

14 sections 104(b) and 144 (as in effect for 

15 fiscal year 1997) for each program funded 

16 under those sections in an amount deter17 mined by multiplying— 

18 ‘‘(I) the aggregate of the 

19 amounts for the fiscal year; by 

20 ‘‘(II) the proportion that— 

21 ‘‘(aa) the amount of funds 

22 apportioned to Puerto Rico for 

23 each such program for fiscal year 

24 1997; bears to 


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1 ‘‘(bb) the total amount of 

2 funds apportioned to Puerto Rico 

3 for all such programs for fiscal 

4 year 1997. 

5 ‘‘(ii) EXCEPTION.—Funds identified 

6 under clause (i) as having been appor7 tioned for the national highway system, the 

8 surface transportation program, and the 

9 Interstate maintenance program shall be 

10 deemed to have been apportioned 50 per11 cent for the national highway performance 

12 program and 50 percent for the transpor13 tation mobility program for purposes of 

14 imposing such penalties. 

15 ‘‘(B) PENALTY.—The amounts treated as 

16 being apportioned to Puerto Rico under each 

17 section referred to in subparagraph (A) shall be 

18 deemed to be required to be apportioned to 

19 Puerto Rico under that section for purposes of 

20 the imposition of any penalty under this title or 

21 title 49. 

22 ‘‘(C) ELIGIBLE USES OF FUNDS.—Of 

23 amounts allocated to Puerto Rico for the Puer24 to Rico Highway Program for a fiscal year— 


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1 ‘‘(i) at least 50 percent shall be avail2 able only for purposes eligible under sec3 tion 119; 

4 ‘‘(ii) at least 25 percent shall be avail5 able only for purposes eligible under sec6 tion 148; and 

7 ‘‘(iii) any remaining funds may be ob8 ligated for activities eligible under chapter 

9 1. 

10 ‘‘(3) EFFECT ON APPORTIONMENTS.—Except 

11 as otherwise specifically provided, Puerto Rico shall 

12 not be eligible to receive funds apportioned to States 

13 under this title. 

14 ‘‘(c) TERRITORIAL HIGHWAY PROGRAM.— 

15 ‘‘(1) TERRITORY DEFINED.—In this subsection, 

16 the term ‘territory’ means any of the following terri17 tories of the United States: 

18 ‘‘(A) American Samoa. 

19 ‘‘(B) The Commonwealth of the Northern 

20 Mariana Islands. 

21 ‘‘(C) Guam. 

22 ‘‘(D) The United States Virgin Islands. 

23 ‘‘(2) PROGRAM.— 

24 ‘‘(A) IN GENERAL.—Recognizing the mu25 tual benefits that will accrue to the territories 


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1 and the United States from the improvement of 

2 highways in the territories, the Secretary may 

3 carry out a program to assist each government 

4 of a territory in the construction and improve5 ment of a system of arterial and collector high6 ways, and necessary inter-island connectors, 

7 that is— 

8 ‘‘(i) designated by the Governor or 

9 chief executive officer of each territory; 

10 and 

11 ‘‘(ii) approved by the Secretary. 

12 ‘‘(B) FEDERAL SHARE.—The Federal 

13 share of Federal financial assistance provided 

14 to territories under this subsection shall be in 

15 accordance with section 120(g). 

16 ‘‘(3) TECHNICAL ASSISTANCE.— 

17 ‘‘(A) IN GENERAL.—To continue a long18 range highway development program, the Sec19 retary may provide technical assistance to the 

20 governments of the territories to enable the ter21 ritories, on a continuing basis— 

22 ‘‘(i) to engage in highway planning; 

23 ‘‘(ii) to conduct environmental evalua24 tions; 


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1 ‘‘(iii) to administer right-of-way acqui2 sition and relocation assistance programs; 

3 and 

4 ‘‘(iv) to design, construct, operate, 

5 and maintain a system of arterial and col6 lector highways, including necessary inter7 island connectors. 

8 ‘‘(B) FORM AND TERMS OF ASSISTANCE.— 

9 Technical assistance provided under subpara10 graph (A), and the terms for the sharing of in11 formation among territories receiving the tech12 nical assistance, shall be included in the agree13 ment required by paragraph (5). 

14 ‘‘(4) NONAPPLICABILITY OF CERTAIN PROVI15 SIONS.— 

16 ‘‘(A) IN GENERAL.—Except to the extent 

17 that provisions of this chapter are determined 

18 by the Secretary to be inconsistent with the 

19 needs of the territories and the intent of this 

20 subsection, this chapter (other than provisions 

21 of this chapter relating to the apportionment 

22 and allocation of funds) shall apply to funds 

23 made available under this subsection. 

24 ‘‘(B) APPLICABLE PROVISIONS.—The 

25 agreement required by paragraph (5) for each 


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1 territory shall identify the sections of this chap2 ter that are applicable to that territory and the 

3 extent of the applicability of those sections. 

4 ‘‘(5) AGREEMENT.— 

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

6 subparagraph (D), none of the funds made 

7 available under this subsection shall be available 

8 for obligation or expenditure with respect to 

9 any territory until the chief executive officer of 

10 the territory has entered into an agreement (in11 cluding an agreement entered into under sec12 tion 215 as in effect on the day before the en13 actment of this section) with the Secretary pro14 viding that the government of the territory 

15 shall— 

16 ‘‘(i) implement the program in accord17 ance with applicable provisions of this 

18 chapter and paragraph (4); 

19 ‘‘(ii) design and construct a system of 

20 arterial and collector highways, including 

21 necessary inter-island connectors, in ac22 cordance with standards that are— 

23 ‘‘(I) appropriate for each terri24 tory; and 

25 ‘‘(II) approved by the Secretary; 


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1 ‘‘(iii) provide for the maintenance of 

2 facilities constructed or operated under 

3 this subsection in a condition to adequately 

4 serve the needs of present and future traf5 fic; and 

6 ‘‘(iv) implement standards for traffic 

7 operations and uniform traffic control de8 vices that are approved by the Secretary. 

9 ‘‘(B) TECHNICAL ASSISTANCE.—The 

10 agreement required by subparagraph (A) 

11 shall— 

12 ‘‘(i) specify the kind of technical as13 sistance to be provided under the program; 

14 ‘‘(ii) include appropriate provisions re15 garding information sharing among the 

16 territories; and 

17 ‘‘(iii) delineate the oversight role and 

18 responsibilities of the territories and the 

19 Secretary. 

20 ‘‘(C) REVIEW AND REVISION OF AGREE21 MENT.—The agreement entered into under sub22 paragraph (A) shall be reevaluated and, as nec23 essary, revised, at least every 2 years. 

24 ‘‘(D) EXISTING AGREEMENTS.—With re25 spect to an agreement under this subsection or 


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1 an agreement entered into under section 215 of 

2 this title as in effect on the day before the date 

3 of enactment of this subsection— 

4 ‘‘(i) the agreement shall continue in 

5 force until replaced by an agreement en6 tered into in accordance with subparagraph 

7 (A); and 

8 ‘‘(ii) amounts made available under 

9 this subsection under the existing agree10 ment shall be available for obligation or ex11 penditure so long as the agreement, or the 

12 existing agreement entered into under sub13 paragraph (A), is in effect. 

14 ‘‘(6) ELIGIBLE USES OF FUNDS.— 

15 ‘‘(A) IN GENERAL.—Funds made available 

16 under this subsection may be used only for the 

17 following projects and activities carried out in a 

18 territory: 

19 ‘‘(i) Eligible transportation mobility 

20 program projects described in section 

21 133(c). 

22 ‘‘(ii) Cost-effective, preventive mainte23 nance consistent with section 116(d). 


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1 ‘‘(iii) Ferry boats, terminal facilities, 

2 and approaches, in accordance with sub3 sections (b) and (c) of section 129. 

4 ‘‘(iv) Engineering and economic sur5 veys and investigations for the planning, 

6 and the financing, of future highway pro7 grams. 

8 ‘‘(v) Studies of the economy, safety, 

9 and convenience of highway use. 

10 ‘‘(vi) The regulation and equitable 

11 taxation of highway use. 

12 ‘‘(vii) Such research and development 

13 as are necessary in connection with the 

14 planning, design, and maintenance of the 

15 highway system. 

16 ‘‘(B) PROHIBITION ON USE OF FUNDS FOR

17 ROUTINE MAINTENANCE.—None of the funds 

18 made available under this subsection shall be 

19 obligated or expended for routine maintenance. 

20 ‘‘(7) LOCATION OF PROJECTS.—Territorial 

21 highway program projects (other than those de22 scribed in paragraphs (2), (4), (7), (8), (14), and 

23 (19) of section 133(c)) may not be undertaken on 

24 roads functionally classified as local.’’. 

25 (b) CONFORMING AMENDMENTS.— 


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1 (1) CLERICAL AMENDMENT.—The analysis for 

2 chapter 1 of title 23, United States Code, is amend3 ed by striking the item relating to section 165 and 

4 inserting the following: 

‘‘165. Territorial and Puerto Rico highway program.’’. 

5 (2) OBSOLETE TEXT.—Section 215 of that 

6 title, and the item relating to that section in the 

7 analysis for chapter 2, are repealed. 

8 SEC. 1115. NATIONAL FREIGHT PROGRAM. 

9 (a) IN GENERAL.—Chapter 1 of title 23, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘§ 167. National freight program 

13 ‘‘(a) NATIONAL FREIGHT PROGRAM.—It is the policy 

14 of the United States to improve the condition and per15 formance of the national freight network to ensure that 

16 the national freight network provides the foundation for 

17 the United States to compete in the global economy and 

18 achieve each goal described in subsection (b). 

19 ‘‘(b) GOALS.—The goals of the national freight pro20 gram are— 

21 ‘‘(1) to invest in infrastructure improvements 

22 and to implement operational improvements that— 

23 ‘‘(A) strengthen the contribution of the na24 tional freight network to the economic competi25 tiveness of the United States; 


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1 ‘‘(B) reduce congestion; and 

2 ‘‘(C) increase productivity, particularly for 

3 domestic industries and businesses that create 

4 high-value jobs; 

5 ‘‘(2) to reduce the environmental impacts of 

6 freight movement on the national freight network; 

7 ‘‘(3) to improve the safety, security, and resil8 ience of freight transportation; 

9 ‘‘(4) to improve the state of good repair of the 

10 national freight network; 

11 ‘‘(5) to use advanced technology to improve the 

12 safety and efficiency of the national freight network; 

13 ‘‘(6) to incorporate concepts of performance, in14 novation, competition, and accountability into the 

15 operation and maintenance of the national freight 

16 network; and 

17 ‘‘(7) to improve the economic efficiency of the 

18 national freight network. 

19 ‘‘(c) ESTABLISHMENT OF PROGRAM.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall estab21 lish and implement a national freight program in ac22 cordance with this section to strategically direct 

23 Federal resources toward improved system perform24 ance for efficient movement of freight on highways, 

25 including national highway system freight interVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 modal connectors and aerotropolis transportation 

2 systems. 

3 ‘‘(2) NETWORK COMPONENTS.—The national 

4 freight network shall consist of— 

5 ‘‘(A) the primary freight network, as des6 ignated by the Secretary under subsection (f) 

7 (referred to in this section as the ‘primary 

8 freight network’) as most critical to the move9 ment of freight; 

10 ‘‘(B) the portions of the Interstate System 

11 not designated as part of the primary freight 

12 network; and 

13 ‘‘(C) critical rural freight corridors estab14 lished under subsection (g). 

15 ‘‘(d) USE OF APPORTIONED FUNDS.— 

16 ‘‘(1) PROJECTS ON THE NATIONAL FREIGHT

17 NETWORK.—At a minimum, following designation of 

18 the primary freight network under subsection (f), a 

19 State shall obligate funds apportioned under section 

20 104(b)(5) to improve the movement of freight on the 

21 national freight network. 

22 ‘‘(2) LOCATION OF PROJECTS.—A project car23 ried out using funds apportioned under paragraph 

24 (1) shall be located— 


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1 ‘‘(A) on the primary freight network as de2 scribed under subsection (f); 

3 ‘‘(B) on a portion of the Interstate System 

4 not designated as primary freight network; 

5 ‘‘(C) on roads off of the Interstate System 

6 or primary freight network, if that use of funds 

7 will provide— 

8 ‘‘(i) a more significant improvement 

9 to freight movement on the Interstate Sys10 tem or the primary freight network; or 

11 ‘‘(ii) critical freight access to the 

12 Interstate System or the primary freight 

13 network; or 

14 ‘‘(iii) mitigation of the congestion im15 pacts from freight movement; 

16 ‘‘(D) on a national highway system freight 

17 intermodal connector; 

18 ‘‘(E) on critical rural freight corridors, as 

19 designated under subsection (g) (except that 

20 not more than 20 percent of the total antici21 pated apportionment of a State under section 

22 104(b)(5) during fiscal years 2012 and 2013 

23 may be used for projects on critical rural 

24 freight corridors); or 


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1 ‘‘(F) within the boundaries of public and 

2 private intermodal facilities, but shall only in3 clude surface infrastructure necessary to facili4 tate direct intermodal interchange, transfer, 

5 and access into and out of the facility. 

6 ‘‘(3) PRIMARY FREIGHT NETWORK FUNDING.— 

7 Beginning for each fiscal year after the Secretary 

8 designates the primary freight network, a State shall 

9 obligate from funds apportioned under section 

10 104(b)(5) for the primary freight network the lesser 

11 of— 

12 ‘‘(A) an amount equal to the product ob13 tained by multiplying— 

14 ‘‘(i) an amount equal to 110 percent 

15 of the apportionment of the State for the 

16 fiscal year under section 104(b)(5); and 

17 ‘‘(ii) the proportion that— 

18 ‘‘(I) the total designated primary 

19 freight network mileage of the State; 

20 bears to 

21 ‘‘(II) the sum of the designated 

22 primary freight network mileage of 

23 the State and the total Interstate sys24 tem mileage of the State that is not 


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1 designated as part of the primary 

2 freight network; or 

3 ‘‘(B) an amount equal to the total appor4 tionment of the State under section 104(b)(5). 

5 ‘‘(e) ELIGIBILITY.— 

6 ‘‘(1) ELIGIBLE PROJECTS.—To be eligible for 

7 funding under this section, a project shall dem8 onstrate the improvement made by the project to the 

9 efficient movement of freight on the national freight 

10 network. 

11 ‘‘(2) FREIGHT RAIL AND MARITIME

12 PROJECTS.— 

13 ‘‘(A) IN GENERAL.—A State may obligate 

14 an amount equal to not more than 10 percent 

15 of the total apportionment to the State under 

16 section 104(b)(5) over the period of fiscal years 

17 2012 and 2013 for public or private freight rail 

18 or maritime projects. 

19 ‘‘(B) ELIGIBILITY.—For a State to be eli20 gible to obligate funds in the manner described 

21 in subparagraph (A), the Secretary shall concur 

22 with the State that— 

23 ‘‘(i) the project for which the State 

24 seeks to obligate funds under this para25 graph would make freight rail improveVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 ments to enhance cross-border commerce 

2 within 5 miles of the international border 

3 between the United States and Canada or 

4 Mexico or make significant improvement to 

5 freight movements on the national freight 

6 network; and 

7 ‘‘(ii) the public benefit of the 

8 project— 

9 ‘‘(I) exceeds the Federal invest10 ment; and 

11 ‘‘(II) provides a better return 

12 than a highway project on a segment 

13 of the primary freight network. 

14 ‘‘(3) ELIGIBLE PROJECT COSTS.—A State may 

15 obligate funds apportioned to the State under sec16 tion 104(b)(5) for the national freight program for 

17 any of the following costs of an eligible project: 

18 ‘‘(A) Development phase activities, includ19 ing planning, feasibility analysis, revenue fore20 casting, environmental review, preliminary engi21 neering and design work, and other 

22 preconstruction activities. 

23 ‘‘(B) Construction, reconstruction, rehabili24 tation, acquisition of real property (including 

25 land relating to the project and improvements 


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1 to land), construction contingencies, acquisition 

2 of equipment, and operational improvements di3 rectly relating to improving system perform4 ance, including but not limited to any segment 

5 of the primary freight network that falls below 

6 the minimum level established pursuant to sec7 tion 119(f). 

8 ‘‘(C) Intelligent transportation systems 

9 and other technology to improve the flow of 

10 freight. 

11 ‘‘(D) Efforts to reduce the environmental 

12 impacts of freight movement on the national 

13 freight network. 

14 ‘‘(E) Environmental mitigation. 

15 ‘‘(F) Railway-highway grade separation. 

16 ‘‘(G) Geometric improvements to inter17 changes and ramps. 

18 ‘‘(H) Truck-only lanes. 

19 ‘‘(I) Climbing and runaway truck lanes. 

20 ‘‘(J) Adding or widening of shoulders. 

21 ‘‘(K) Truck parking facilities eligible for 

22 funding under section 1401 of the MAP–21. 

23 ‘‘(L) Real-time traffic, truck parking, 

24 roadway condition, and multimodal transpor25 tation information systems. 


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1 ‘‘(M) Electronic screening and 

2 credentialing systems for vehicles, including 

3 weigh-in-motion truck inspection technologies. 

4 ‘‘(N) Traffic signal optimization including 

5 synchronized and adaptive signals. 

6 ‘‘(O) Work zone management and informa7 tion systems. 

8 ‘‘(P) Highway ramp metering. 

9 ‘‘(Q) Electronic cargo and border security 

10 technologies that improve truck freight move11 ment. 

12 ‘‘(R) Intelligent transportation systems 

13 that would increase truck freight efficiencies in14 side the boundaries of intermodal facilities. 

15 ‘‘(S) Any other activities to improve the 

16 flow of freight on the national freight network. 

17 ‘‘(4) OTHER ELIGIBLE COSTS.—In addition to 

18 eligible project costs, a State may use funds appor19 tioned under section 104(b)(5) for the necessary 

20 costs of conducting analyses and data collection to 

21 comply with subsection (i) or diesel retrofits or alter22 native fuel projects defined under section 149 for 

23 class 8 vehicles. 

24 ‘‘(5) ELIGIBLE PROJECT COSTS PRIOR TO DES25 IGNATION OF THE PRIMARY FREIGHT NETWORK.— 


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1 Prior to the date of designation of the primary 

2 freight network, a State may obligate funds appor3 tioned to the State under section 104(b)(5) to im4 prove freight movement on the Interstate System 

5 for— 

6 ‘‘(A) construction, reconstruction, resur7 facing, restoration, and rehabilitation of seg8 ments of the Interstate System; 

9 ‘‘(B) operational improvements for seg10 ments of the Interstate System; 

11 ‘‘(C) construction of, and operational im12 provements for, a Federal-aid highway not on 

13 the Interstate System, and construction of a 

14 transit project eligible for assistance under 

15 chapter 53 of title 49, United States Code, if— 

16 ‘‘(i) the highway or transit project is 

17 in the same corridor as, and in proximity 

18 to a highway designated as a part of, the 

19 Interstate System; 

20 ‘‘(ii) the construction or improvements 

21 would improve the level of service on the 

22 Interstate System described in subpara23 graph (A) and improve freight traffic flow; 

24 and 


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1 ‘‘(iii) the construction or improve2 ments are more cost-effective for freight 

3 movement than an improvement to the 

4 Interstate System described in subpara5 graph (A); 

6 ‘‘(D) highway safety improvements for seg7 ments of the Interstate System; 

8 ‘‘(E) transportation planning in accordance 

9 with sections 134 and 135; 

10 ‘‘(F) the costs of conducting analysis and 

11 data collection to comply with this section; 

12 ‘‘(G) truck parking facilities eligible for 

13 funding under section 1401 of the MAP–21; 

14 ‘‘(H) infrastructure-based intelligent trans15 portation systems capital improvements; 

16 ‘‘(I) environmental restoration and pollu17 tion abatement in accordance with section 328; 

18 and 

19 ‘‘(J) in accordance with all applicable Fed20 eral law (including regulations), participation in 

21 natural habitat and wetlands mitigation efforts 

22 relating to projects funded under this title, 

23 which may include participation in natural habi24 tat and wetlands mitigation banks, contribu25 tions to statewide and regional efforts to conVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 serve, restore, enhance, and create natural habi2 tats and wetlands, and development of state3 wide and regional natural habitat and wetlands 

4 conservation and mitigation plans, including 

5 any such banks, efforts, and plans developed in 

6 accordance with applicable Federal law (includ7 ing regulations), on the conditions that— 

8 ‘‘(i) contributions to those mitigation 

9 efforts may— 

10 ‘‘(I) take place concurrent with 

11 or in advance of project construction; 

12 and 

13 ‘‘(II) occur in advance of project 

14 construction only if the efforts are 

15 consistent with all applicable require16 ments of Federal law (including regu17 lations) and State transportation 

18 planning processes; and 

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

20 natural habitat or wetland mitigation ef21 fort relating to a project funded under this 

22 title that has an impact that occurs within 

23 the service area of a mitigation bank, pref24 erence is given, to the maximum extent 

25 practicable, to the use of the mitigation 


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1 bank if the bank contains sufficient avail2 able credits to offset the impact and the 

3 bank is approved in accordance with appli4 cable Federal law (including regulations). 

5 ‘‘(f) DESIGNATION OF PRIMARY FREIGHT NET6 WORK.— 

7 ‘‘(1) INITIAL DESIGNATION OF PRIMARY

8 FREIGHT NETWORK.— 

9 ‘‘(A) DESIGNATION.—Not later than 1 

10 year after the date of enactment of this section, 

11 the Secretary shall designate a primary freight 

12 network— 

13 ‘‘(i) based on an inventory of national 

14 freight volume conducted by the Adminis15 trator of the Federal Highway Administra16 tion, in consultation with stakeholders, in17 cluding system users and transport pro18 viders, transport providers, and States; and 

19 ‘‘(ii) that shall be comprised of not 

20 more than 27,000 centerline miles of exist21 ing roadways that are most critical to the 

22 movement of freight. 

23 ‘‘(B) FACTORS FOR DESIGNATION.—In 

24 designating the primary freight network, the 

25 Secretary shall consider— 


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1 ‘‘(i) the origins and destinations of 

2 freight movement in the United States; 

3 ‘‘(ii) the total freight tonnage moved 

4 by all modes of transportation; 

5 ‘‘(iii) the percentage of annual aver6 age daily truck traffic in the annual aver7 age daily traffic on principal arterials; 

8 ‘‘(iv) the annual average daily truck 

9 traffic on principal arterials; 

10 ‘‘(v) land and maritime ports of entry; 

11 ‘‘(vi) population centers; and 

12 ‘‘(vii) network connectivity. 

13 ‘‘(2) ADDITIONAL MILES ON PRIMARY FREIGHT

14 NETWORK.—In addition to the miles initially des15 ignated under paragraph (1), the Secretary may in16 crease the number of miles designated as part of the 

17 primary freight network by not more than 3,000 ad18 ditional centerline miles of roadways (which may in19 clude existing or planned roads) critical to future ef20 ficient movement of goods on the primary freight 

21 network. 

22 ‘‘(3) REDESIGNATION OF PRIMARY FREIGHT

23 NETWORK.—During calendar year 2015 and every 

24 10 years thereafter, using the designation factors de25 scribed in paragraph (1), the Secretary shall redesigVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 nate the primary freight network (including addi2 tional mileage described in subsection (f)(2)). 

3 ‘‘(g) CRITICAL RURAL FREIGHT CORRIDORS.—A 

4 State may designate a road within the borders of the State 

5 as a critical rural freight corridor if the road— 

6 ‘‘(1) is a rural principal arterial roadway and 

7 has a minimum of 25 percent of the annual average 

8 daily traffic of the road measured in passenger vehi9 cle equivalent units from trucks (FHWA vehicle 

10 class 8 to 13); or 

11 ‘‘(2) connects the primary freight network net12 work, a roadway described in paragraph (1), or 

13 Interstate System to facilities that handle more 

14 than— 

15 ‘‘(A) 50,000 20-foot equivalent units per 

16 year; or 

17 ‘‘(B) 500,000 tons per year of bulk com18 modities. 

19 ‘‘(h) NATIONAL FREIGHT STRATEGIC PLAN.— 

20 ‘‘(1) INITIAL DEVELOPMENT OF NATIONAL

21 FREIGHT STRATEGIC PLAN.—Not later than 3 years 

22 after the date of enactment of this section, the Sec23 retary shall, in consultation with appropriate public 

24 and private transportation stakeholders, develop and 

25 post on the Department of Transportation public 


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1 website a national freight strategic plan that shall 

2 include— 

3 ‘‘(A) an assessment of the condition and 

4 performance of the national freight network; 

5 ‘‘(B) an identification of highway bottle6 necks on the national freight network that cre7 ate significant freight congestion problems; 

8 ‘‘(C) forecasts of freight volumes for the 

9 20-year period beginning in the year during 

10 which the plan is issued; 

11 ‘‘(D) an identification of major trade gate12 ways and national freight corridors that connect 

13 major population centers, trade gateways, and 

14 other major freight generators for current and 

15 forecasted traffic and freight volumes, the iden16 tification of which shall be revised, as appro17 priate, in subsequent plans; 

18 ‘‘(E) an assessment of statutory, regu19 latory, technological, institutional, financial, 

20 and other barriers to improved freight transpor21 tation performance (including opportunities for 

22 overcoming the barriers); 

23 ‘‘(F) best practices for improving the per24 formance of the national freight network; 


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1 ‘‘(G) best practices to mitigate the impacts 

2 of freight movement on communities; 

3 ‘‘(H) a process for addressing multistate 

4 projects and encouraging jurisdictions to col5 laborate; and 

6 ‘‘(I) strategies to improve maritime, freight 

7 rail, and freight intermodal connectivity. 

8 ‘‘(2) UPDATES TO NATIONAL FREIGHT STRA9 TEGIC PLAN.—Not later than 5 years after the date 

10 of completion of the first national freight strategic 

11 plan under paragraph (1), and every 5 years there12 after, the Secretary shall update and repost on the 

13 Department of Transportation public website a re14 vised national freight strategic plan. 

15 ‘‘(i) FREIGHT PERFORMANCE TARGETS.— 

16 ‘‘(1) RULEMAKING.—Not later than 2 years 

17 after the date of enactment of this section, the Sec18 retary, in consultation with State departments of 

19 transportation and other appropriate public and pri20 vate transportation stakeholders, shall publish a 

21 rulemaking that establishes quantifiable performance 

22 measures for freight movement on the primary 

23 freight network. 

24 ‘‘(2) STATE TARGETS AND REPORTING.—Not 

25 later than 1 year after the date on which the SecVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 retary publishes the rulemaking under paragraph 

2 (1), each State shall— 

3 ‘‘(A) develop and periodically update State 

4 performance targets for freight movement on 

5 the primary freight network— 

6 ‘‘(i) in consultation with appropriate 

7 public and private stakeholders; and 

8 ‘‘(ii) using measures determined by 

9 the Secretary; and 

10 ‘‘(B) for every 2-year period, submit to the 

11 Secretary a report that contains a description 

12 of— 

13 ‘‘(i) the progress of the State toward 

14 meeting the targets; and 

15 ‘‘(ii) the ways in which the State is 

16 addressing congestion at freight bottle17 necks within the State. 

18 ‘‘(3) COMPLIANCE.— 

19 ‘‘(A) PERFORMANCE TARGETS.—To obli20 gate funding apportioned under section 

21 104(b)(5), each State shall develop performance 

22 targets in accordance with paragraph (2). 

23 ‘‘(B) DETERMINATION OF SECRETARY.—If 

24 the Secretary determines that a State has not 

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1 ing the performance targets of the State by the 

2 date that is 2 years after the date of establish3 ment of the performance targets, until the date 

4 on which the Secretary determines that the 

5 State has met (or has made significant progress 

6 towards meeting) the State performance tar7 gets, the State shall submit to the Secretary, on 

8 a biennial basis, a freight performance improve9 ment plan that includes— 

10 ‘‘(i) an identification of significant 

11 freight system trends, needs, and issues 

12 within the State; 

13 ‘‘(ii) a description of the freight poli14 cies and strategies that will guide the 

15 freight-related transportation investments 

16 of the State; 

17 ‘‘(iii) an inventory of freight bottle18 necks within the State and a description of 

19 the ways in which the State is allocating 

20 funds to improve those bottlenecks; and 

21 ‘‘(iv) a description of the actions the 

22 State will undertake to meet the perform23 ance targets of the State. 

24 ‘‘(j) FREIGHT TRANSPORTATION CONDITIONS AND

25 PERFORMANCE REPORTS.—Not later than 2 years after 


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1 the date of enactment of this section, and biennially there2 after, the Secretary shall prepare a report that contains 

3 a description of the conditions and performance of the na4 tional freight network in the United States. 

5 ‘‘(k) TRANSPORTATION INVESTMENT DATA AND

6 PLANNING TOOLS.— 

7 ‘‘(1) IN GENERAL.—Not later than 1 year after 

8 the date of enactment of this section, the Secretary 

9 shall— 

10 ‘‘(A) begin development of new tools and 

11 improvement of existing tools or improve exist12 ing tools to support an outcome-oriented, per13 formance-based approach to evaluate proposed 

14 freight-related and other transportation 

15 projects, including— 

16 ‘‘(i) methodologies for systematic 

17 analysis of benefits and costs; 

18 ‘‘(ii) tools for ensuring that the eval19 uation of freight-related and other trans20 portation projects could consider safety, 

21 economic competitiveness, environmental 

22 sustainability, and system condition in the 

23 project selection process; and 

24 ‘‘(iii) other elements to assist in effec25 tive transportation planning; 


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1 ‘‘(B) identify transportation-related model 

2 data elements to support a broad range of eval3 uation methods and techniques to assist in 

4 making transportation investment decisions; 

5 and 

6 ‘‘(C) at a minimum, in consultation with 

7 other relevant Federal agencies, consider any 

8 improvements to existing freight flow data col9 lection efforts that could reduce identified 

10 freight data gaps and deficiencies and help im11 prove forecasts of freight transportation de12 mand. 

13 ‘‘(2) CONSULTATION.—The Secretary shall con14 sult with Federal, State, and other stakeholders to 

15 develop, improve, and implement the tools and col16 lect the data in paragraph (1). 

17 ‘‘(l) DEFINITION OF AEROTROPOLIS TRANSPOR18 TATION SYSTEM.—For the purposes of this section, the 

19 term ‘aerotropolis transportation system’ means a planned 

20 and coordinated multimodal freight and passenger trans21 portation network that, as determined by the Secretary, 

22 provides efficient, cost-effective, sustainable, and inter23 modal connectivity to a defined region of economic signifi24 cance centered around a major airport. 


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1 ‘‘(m) TREATMENT OF PROJECTS.—Notwithstanding 

2 any other provision of law, projects funded under this sec3 tion shall be treated as projects on a Federal-aid system 

4 highway under this chapter.’’. 

5 (b) CONFORMING AMENDMENT.—The analysis for 

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

7 adding at the end the following: 

‘‘167. National freight program.’’. 

8 SEC. 1116. FEDERAL LANDS AND TRIBAL TRANSPORTATION 

9 PROGRAMS. 

10 (a) IN GENERAL.—Chapter 2 of title 23, United 

11 States Code, is amended by striking sections 201 through 

12 204 and inserting the following: 

13 ‘‘§ 201. Federal lands and tribal transportation pro14 grams 

15 ‘‘(a) PURPOSE.—Recognizing the need for all public 

16 Federal and tribal transportation facilities to be treated 

17 under uniform policies similar to the policies that apply 

18 to Federal-aid highways and other public transportation 

19 facilities, the Secretary of Transportation, in collaboration 

20 with the Secretaries of the appropriate Federal land man21 agement agencies, shall coordinate a uniform policy for all 

22 public Federal and tribal transportation facilities that 

23 shall apply to Federal lands transportation facilities, tribal 

24 transportation facilities, and Federal lands access trans25 portation facilities. 


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1 ‘‘(b) AVAILABILITY OF FUNDS.— 

2 ‘‘(1) AVAILABILITY.—Funds authorized for the 

3 tribal transportation program, the Federal lands 

4 transportation program, and the Federal lands ac5 cess program shall be available for contract upon ap6 portionment, or on October 1 of the fiscal year for 

7 which the funds were authorized if no apportionment 

8 is required. 

9 ‘‘(2) AMOUNT REMAINING.—Any amount re10 maining unexpended for a period of 3 years after the 

11 close of the fiscal year for which the funds were au12 thorized shall lapse. 

13 ‘‘(3) OBLIGATIONS.—The Secretary of the de14 partment responsible for the administration of funds 

15 under this subsection may incur obligations, approve 

16 projects, and enter into contracts under such author17 izations, which shall be considered to be contractual 

18 obligations of the United States for the payment of 

19 the cost thereof, the funds of which shall be consid20 ered to have been expended when obligated. 

21 ‘‘(4) EXPENDITURE.— 

22 ‘‘(A) IN GENERAL.—Any funds authorized 

23 for any fiscal year after the date of enactment 

24 of this section under the Federal lands trans25 portation program, the Federal lands access 


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1 program, and the tribal transportation program 

2 shall be considered to have been expended if a 

3 sum equal to the total of the sums authorized 

4 for the fiscal year and previous fiscal years have 

5 been obligated. 

6 ‘‘(B) CREDITED FUNDS.—Any funds de7 scribed in subparagraph (A) that are released 

8 by payment of final voucher or modification of 

9 project authorizations shall be— 

10 ‘‘(i) credited to the balance of unobli11 gated authorizations; and 

12 ‘‘(ii) immediately available for expend13 iture. 

14 ‘‘(5) APPLICABILITY.—This section shall not 

15 apply to funds authorized before the date of enact16 ment of this paragraph. 

17 ‘‘(6) CONTRACTUAL OBLIGATION.— 

18 ‘‘(A) IN GENERAL.—Notwithstanding any 

19 other provision of law (including regulations), 

20 the authorization by the Secretary, or the Sec21 retary of the appropriate Federal land manage22 ment agency if the agency is the contracting of23 fice, of engineering and related work for the de24 velopment, design, and acquisition associated 

25 with a construction project, whether performed 


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1 by contract or agreement authorized by law, or 

2 the approval by the Secretary of plans, speci3 fications, and estimates for construction of a 

4 project, shall be considered to constitute a con5 tractual obligation of the Federal Government 

6 to pay the total eligible cost of— 

7 ‘‘(i) any project funded under this 

8 title; and 

9 ‘‘(ii) any project funded pursuant to 

10 agreements authorized by this title or any 

11 other title. 

12 ‘‘(B) EFFECT.—Nothing in this para13 graph— 

14 ‘‘(i) affects the application of the Fed15 eral share associated with the project being 

16 undertaken under this section; or 

17 ‘‘(ii) modifies the point of obligation 

18 associated with Federal salaries and ex19 penses. 

20 ‘‘(7) FEDERAL SHARE.— 

21 ‘‘(A) TRIBAL AND FEDERAL LANDS TRANS22 PORTATION PROGRAM.—The Federal share of 

23 the cost of a project carried out under the Fed24 eral lands transportation program or the tribal 

25 transportation program shall be 100 percent. 


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1 ‘‘(B) FEDERAL LANDS ACCESS PRO2 GRAM.—The Federal share of the cost of a 

3 project carried out under the Federal lands ac4 cess program shall be determined in accordance 

5 with section 120. 

6 ‘‘(c) TRANSPORTATION PLANNING.— 

7 ‘‘(1) TRANSPORTATION PLANNING PROCE8 DURES.—In consultation with the Secretary of each 

9 appropriate Federal land management agency, the 

10 Secretary shall implement transportation planning 

11 procedures for Federal lands and tribal transpor12 tation facilities that are consistent with the planning 

13 processes required under sections 134 and 135. 

14 ‘‘(2) APPROVAL OF TRANSPORTATION IMPROVE15 MENT PROGRAM.—The transportation improvement 

16 program developed as a part of the transportation 

17 planning process under this section shall be ap18 proved by the Secretary. 

19 ‘‘(3) INCLUSION IN OTHER PLANS.—Each re20 gionally significant tribal transportation program, 

21 Federal lands transportation program, and Federal 

22 lands access program project shall be— 

23 ‘‘(A) developed in cooperation with State 

24 and metropolitan planning organizations; and 


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1 ‘‘(B) included in appropriate tribal trans2 portation program plans, Federal lands trans3 portation program plans, Federal lands access 

4 program plans, State and metropolitan plans, 

5 and transportation improvement programs. 

6 ‘‘(4) INCLUSION IN STATE PROGRAMS.—The ap7 proved tribal transportation program, Federal lands 

8 transportation program, and Federal lands access 

9 program transportation improvement programs shall 

10 be included in appropriate State and metropolitan 

11 planning organization plans and programs without 

12 further action on the transportation improvement 

13 program. 

14 ‘‘(5) ASSET MANAGEMENT.—The Secretary and 

15 the Secretary of each appropriate Federal land man16 agement agency shall, to the extent appropriate, im17 plement safety, bridge, pavement, and congestion 

18 management systems for facilities funded under the 

19 tribal transportation program and the Federal lands 

20 transportation program in support of asset manage21 ment. 

22 ‘‘(6) DATA COLLECTION.— 

23 ‘‘(A) DATA COLLECTION.—The Secretaries 

24 of the appropriate Federal land management 

25 agencies shall collect and report data necessary 


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1 to implement the Federal lands transportation 

2 program, the Federal lands access program, 

3 and the tribal transportation program, includ4 ing— 

5 ‘‘(i) inventory and condition informa6 tion on Federal lands transportation facili7 ties and tribal transportation facilities; and 

8 ‘‘(ii) bridge inspection and inventory 

9 information on any Federal bridge open to 

10 the public. 

11 ‘‘(B) STANDARDS.—The Secretary, in co12 ordination with the Secretaries of the appro13 priate Federal land management agencies, shall 

14 define the collection and reporting data stand15 ards. 

16 ‘‘(7) ADMINISTRATIVE EXPENSES.—To imple17 ment the activities described in this subsection, in18 cluding direct support of transportation planning ac19 tivities among Federal land management agencies, 

20 the Secretary may use not more than 5 percent for 

21 each fiscal year of the funds authorized for pro22 grams under sections 203 and 204. 

23 ‘‘(d) REIMBURSABLE AGREEMENTS.—In carrying out 

24 work under reimbursable agreements with any State, local, 

25 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. 

24 ‘‘(3) INDIAN LABOR.—Indian labor may be em25 ployed, in accordance with such rules and regulaVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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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 public roads within or pro19 viding access to an Indian reservation or 

20 Indian trust land or restricted Indian land 

21 that is not subject to fee title alienation 

22 without the approval of the Federal Govern23 ment, or Indian or Alaska Native villages, 

24 groups, or communities in which Indians 

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1 retary of the Interior has determined are el2 igible for services generally available to In3 dians under Federal laws specifically appli4 cable to Indians; or 

5 ‘‘(vi)(vii) are primary access routes 

6 proposed by tribal governments, including 

7 roads between villages, roads to landfills, 

8 roads to drinking water sources, roads to 

9 natural resources identified for economic 

10 development, and roads that provide access 

11 to intermodal terminals, such as airports, 

12 harbors, or boat landings. 

13 ‘‘(C) LIMITATION ON PRIMARY ACCESS

14 ROUTES.—For purposes of this paragraph, a 

15 proposed primary access route is the shortest 

16 practicable route connecting 2 points of the pro17 posed route. 

18 ‘‘(D) ADDITIONAL FACILITIES.—Nothing 

19 in this paragraph precludes the Secretary from 

20 including additional transportation facilities 

21 that are eligible for funding under the tribal 

22 transportation program in the inventory used 

23 for the national funding allocation if such addi24 tional facilities are included in the inventory in 

25 a uniform and consistent manner nationally. 


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1 ‘‘(E) BRIDGES.—All bridges in the inven2 tory shall be recorded in the national bridge in3 ventory administered by the Secretary under 

4 section 144. 

5 ‘‘(2) REGULATIONS.—Notwithstanding sections 

6 563(a) and 565(a) of title 5, the Secretary of the In7 terior shall maintain any regulations governing the 

8 tribal transportation program. 

9 ‘‘(3) BASIS FOR FUNDING FORMULA.— 

10 ‘‘(A) BASIS.— 

11 ‘‘(i) IN GENERAL.—After making the 

12 set asides authorized under subsections 

13 (a)(6), (c), (d), and (e) on October 1 of 

14 each fiscal year, the Secretary shall dis15 tribute the remainder authorized to be ap16 propriated for the tribal transportation 

17 program under this section among Indian 

18 tribes as follows: 

19 ‘‘(I) For fiscal year 2012— 

20 ‘‘(aa) 50 percent, equal to 

21 the ratio that the amount allo22 cated to each tribe for fiscal year 

23 2011 bears to the total amount 

24 allocated to all tribes for that fis25 cal year; and 


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1 ‘‘(aa) 50 percent, equal to the 

2 ratio that the amount allocated to 

3 each tribe as a tribal share for fis4 cal year 2011 bears to the total 

5 tribal share amount allocated to 

6 all tribes for that fiscal year; and 

7 ‘‘(bb) the remainder using 

8 tribal shares as described in sub9 paragraphs (B) and (C). 

10 ‘‘(II) For fiscal year 2013 and 

11 thereafter, using tribal shares as de12 scribed in subparagraphs (B) and (C). 

13 ‘‘(ii) TRIBAL HIGH PRIORITY

14 PROJECTS.—The High Priority Projects 

15 program as included in the Tribal Trans16 portation Allocation Methodology of part 

17 170 of title 25, Code of Federal Regula18 tions (as in effect on the date of enactment 

19 of the MAP–21), shall not continue in ef20 fect. 

21 ‘‘(B) TRIBAL SHARES.—Tribal shares 

22 under this program shall be determined using 

23 the national tribal transportation facility inven24 tory as calculated for fiscal year 2012, and the 

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1 ka Native population within each Indian tribe’s 

2 American Indian/Alaska Native Reservation or 

3 Statistical Area, as computed under the Native 

4 American Housing Assistance and Self-Deter5 mination Act of 1996 (25 U.S.C. 4101 et seq.), 

6 in the following manner: 

7 ‘‘(i) 20 percent in the ratio that the 

8 total eligible lane mileage in each tribe 

9 bears to the total eligible lane mileage of 

10 all American Indians and Alaskan Natives. 

11 For the purposes of this calculation— 

12 ‘‘(I) eligible lane mileage shall be 

13 computed based on the inventory de14 scribed in paragraph (1), using only 

15 facilities included in the inventory de16 scribed in clause (i), (ii), or (iii) of 

17 paragraph (1)(B); and 

18 ‘‘(II) paved roads and gravel sur19 faced roads are deemed to equal 2 

20 lane miles per mile of inventory, and 

21 earth surfaced roads and unimproved 

22 roads shall be deemed to equal 1 lane 

23 mile per mile of inventory. 

24 ‘‘(ii) 40 percent in the ratio that the 

25 total population in each tribe bears to the 


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1 total population of all American Indians 

2 and Alaskan Natives. 

3 ‘‘(iii) 40 percent shall be divided 

4 equally among each Bureau of Indian Af5 fairs region for distribution of tribal shares 

6 as follows: 

‘‘(I) 1 7 ⁄4 of 1 percent shall be dis8 tributed equally among Indian tribes 

9 with populations of 1 to 25. 

‘‘(II) 3 10 ⁄4 of 1 percent shall be dis11 tributed equally among Indian tribes 

12 with populations of 26 to 100. 

‘‘(III) 33 13 ⁄4 percent shall be dis14 tributed equally among Indian tribes 

15 with populations of 101 to 1,000. 

16 ‘‘(IV) 20 percent shall be distrib17 uted equally among Indian tribes with 

18 populations of 1,001 to 10,000. 

‘‘(V) 743 19 ⁄4 percent shall be dis20 tributed equally among Indian tribes 

21 with populations of 10,001 to 60,000 

22 where 3 or more Indian tribes occupy 

23 this category in a single Bureau of In24 dian Affairs region, and Bureau of In25 dian Affairs regions containing less 


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1 than 3 Indian tribes in this category 

2 shall receive funding in accordance 

3 with subclause (IV) and clause (iv). 

‘‘(VI) 1 4 ⁄2 of 1 percent shall be 

5 distributed equally among Indian 

6 tribes with populations of 60,001 or 

7 more. 

8 ‘‘(iv) For a Bureau of Indian Affairs 

9 region that has no Indian tribes meeting 

10 the population criteria under 1 or more of 

11 subclauses (I) through (VI) of clause (iii), 

12 the region shall redistribute any funds sub13 ject to such clause or clauses among any 

14 such clauses for which the region has In15 dian tribes meeting such criteria propor16 tionally in accordance with the percentages 

17 listed in such clauses until such funds are 

18 completely distributed. 

19 ‘‘(C) TRIBAL SUPPLEMENTAL FUNDING.— 

20 ‘‘(i) TRIBAL SUPPLEMENTAL FUNDING

21 AMOUNT.—Of funds made available for 

22 each fiscal year for the tribal transpor23 tation program, the Secretary shall set 

24 aside the following amount for a tribal 

25 supplemental program: 


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1 ‘‘(I) If the amount made avail2 able for the tribal transportation pro3 gram is less than or equal to 

4 $275,000,000, 10 percent of such 

5 amount. 

6 ‘‘(II) If the amount made avail7 able for the tribal transportation pro8 gram exceeds $275,000,000— 

9 ‘‘(aa) $27,500,000; plus 

10 ‘‘(bb) 12.5 percent of the 

11 amount made available for the 

12 tribal transportation program in 

13 excess of $275,000,000. 

14 ‘‘(ii) TRIBAL SUPPLEMENTAL ALLOCA15 TION.—The Secretary shall distribute trib16 al supplemental funds as follows: 

17 ‘‘(I) DISTRIBUTION AMONG RE18 GIONS.—Of the amounts set aside 

19 under clause (i), the Secretary shall 

20 distribute to each region of the Bu21 reau of Indian Affairs a share of trib22 al supplemental funds in proportion to 

23 the regional total of tribal shares 

24 based on the cumulative tribal shares 


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1 of all Indian tribes within such region 

2 under subparagraph (B). 

3 ‘‘(II) DISTRIBUTION WITHIN A

4 REGION.—Of the amount that a re5 gion receives under subclause (I), the 

6 Secretary shall distribute tribal sup7 plemental funding among Indian 

8 tribes within such region as follows: 

9 ‘‘(aa) TRIBAL SUPPLE10 MENTAL AMOUNTS.—The Sec11 retary shall determine— 

12 ‘‘(AA) which such In13 dian tribes would be entitled 

14 under subparagraph (A) to 

15 receive in a fiscal year less 

16 funding than they would re17 ceive in fiscal year 2011 

18 pursuant to the Tribal 

19 Transportation Allocation 

20 Methodology described in 

21 subpart C of part 170 of 

22 title 25, Code of Federal 

23 Regulations (as in effect on 

24 the date of enactment of the 

25 MAP–21); and 


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1 ‘‘(BB) the combined 

2 amount that such Indian 

3 tribes would be entitled to 

4 receive in fiscal year 2011 

5 pursuant to such Tribal 

6 Transportation Allocation 

7 Methodology in excess of the 

8 amount that they would be 

9 entitled to receive in the fis10 cal year under subparagraph 

11 (B); and 

12 ‘‘(bb) Subject to subclause 

13 (III), distribute to each Indian 

14 tribe that meets the criteria de15 scribed in item (aa)(AA) a share 

16 of funding under this subpara17 graph in proportion to the share 

18 of the combined amount deter19 mined under item (aa)(BB) at20 tributable to such Indian tribe. 

21 ‘‘(III) CEILING.—An Indian tribe 

22 may not receive under subclause (II) 

23 and based on its tribal share under 

24 subparagraph (A) a combined amount 

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1 dian tribe would be entitled to receive 

2 in fiscal year 2011 pursuant to the 

3 Tribal Transportation Allocation 

4 Methodology described in subpart C of 

5 part 170 of title 25, Code of Federal 

6 Regulations (as in effect on the date 

7 of enactment of the MAP–21). 

8 ‘‘(IV) OTHER AMOUNTS.—If the 

9 amount made available for a region 

10 under subclause (I) exceeds the 

11 amount distributed among Indian 

12 tribes within that region under sub13 clause (II), the Secretary shall dis14 tribute the remainder of such region’s 

15 funding under such subclause among 

16 all Indian tribes in that region in pro17 portion to the combined amount that 

18 each such Indian tribe received under 

19 subparagraph (A) and subclauses (I), 

20 (II), and (III). 

21 ‘‘(4) TRANSFERRED FUNDS.— 

22 ‘‘(A) IN GENERAL.—Not later than 30 

23 days after the date on which funds are made 

24 available to the Secretary of the Interior under 

25 this paragraph, the funds shall be distributed 


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1 to, and made available for immediate use by, el2 igible Indian tribes, in accordance with the for3 mula for distribution of funds under the tribal 

4 transportation program. 

5 ‘‘(B) USE OF FUNDS.—Notwithstanding 

6 any other provision of this section, funds made 

7 available to Indian tribes for tribal transpor8 tation facilities shall be expended on projects 

9 identified in a transportation improvement pro10 gram approved by the Secretary. 

11 ‘‘(5) HEALTH AND SAFETY ASSURANCES.—Not12 withstanding any other provision of law, an Indian 

13 tribal government may approve plans, specifications, 

14 and estimates and commence road and bridge con15 struction with funds made available from the tribal 

16 transportation program through a contract or agree17 ment under Indian Self-Determination and Edu18 cation Assistance Act (25 U.S.C. 450 et seq.), if the 

19 Indian tribal government— 

20 ‘‘(A) provides assurances in the contract or 

21 agreement that the construction will meet or ex22 ceed applicable health and safety standards; 

23 ‘‘(B) obtains the advance review of the 

24 plans and specifications from a State-licensed 

25 civil engineer that has certified that the plans 


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1 and specifications meet or exceed the applicable 

2 health and safety standards; and 

3 ‘‘(C) provides a copy of the certification 

4 under subparagraph (A) to the Deputy Assist5 ant Secretary for Tribal Government Affairs, 

6 Department of Transportation, or the Assistant 

7 Secretary for Indian Affairs, Department of the 

8 Interior, as appropriate. 

9 ‘‘(6) CONTRACTS AND AGREEMENTS WITH IN10 DIAN TRIBES.— 

11 ‘‘(A) IN GENERAL.—Notwithstanding any 

12 other provision of law or any interagency agree13 ment, program guideline, manual, or policy di14 rective, all funds made available through the 

15 Secretary of the Interior under this chapter and 

16 section 125(e) for tribal transportation facilities 

17 to pay for the costs of programs, services, func18 tions, and activities, or portions of programs, 

19 services, functions, or activities, that are specifi20 cally or functionally related to the cost of plan21 ning, research, engineering, and construction of 

22 any tribal transportation facility shall be made 

23 available, upon request of the Indian tribal gov24 ernment, to the Indian tribal government for 

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1 search, engineering, and construction in accord2 ance with Indian Self-Determination and Edu3 cation Assistance Act (25 U.S.C. 450 et seq.). 

4 ‘‘(B) EXCLUSION OF AGENCY PARTICIPA5 TION.—All funds, including contract support 

6 costs, for programs, functions, services, or ac7 tivities, or portions of programs, services, func8 tions, or activities, including supportive admin9 istrative functions that are otherwise 

10 contractible to which subparagraph (A) applies, 

11 shall be paid in accordance with subparagraph 

12 (A), without regard to the organizational level 

13 at which the Department of the Interior has 

14 previously carried out such programs, functions, 

15 services, or activities. 

16 ‘‘(7) CONTRACTS AND AGREEMENTS WITH IN17 DIAN TRIBES.— 

18 ‘‘(A) IN GENERAL.—Notwithstanding any 

19 other provision of law or any interagency agree20 ment, program guideline, manual, or policy di21 rective, all funds made available through the 

22 Secretary of the Interior to an Indian tribal 

23 government under this chapter for a tribal 

24 transportation facility program or project shall 

25 be made available, on the request of the Indian 


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1 tribal government, to the Indian tribal govern2 ment for use in carrying out, in accordance 

3 with the Indian Self-Determination and Edu4 cation Assistance Act (25 U.S.C. 450 et seq.), 

5 contracts and agreements for the planning, re6 search, design, engineering, construction, and 

7 maintenance relating to the program or project. 

8 ‘‘(B) EXCLUSION OF AGENCY PARTICIPA9 TION.—In accordance with subparagraph (A), 

10 all funds, including contract support costs, for 

11 a program or project to which subparagraph 

12 (A) applies shall be paid to the Indian tribal 

13 government without regard to the organiza14 tional level at which the Department of the In15 terior has previously carried out, or the Depart16 ment of Transportation has previously carried 

17 out under the tribal transportation program, 

18 the programs, functions, services, or activities 

19 involved. 

20 ‘‘(C) CONSORTIA.—Two or more Indian 

21 tribes that are otherwise eligible to participate 

22 in a program or project to which this chapter 

23 applies may form a consortium to be considered 

24 as a single Indian tribe for the purpose of par25 ticipating in the project under this section. 


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1 ‘‘(D) SECRETARY AS SIGNATORY.—Not2 withstanding any other provision of law, the 

3 Secretary is authorized to enter into a funding 

4 agreement with an Indian tribal government to 

5 carry out a tribal transportation facility pro6 gram or project under subparagraph (A) that is 

7 located on an Indian reservation or provides ac8 cess to the reservation or a community of the 

9 Indian tribe. 

10 ‘‘(E) FUNDING.—The amount an Indian 

11 tribal government receives for a program or 

12 project under subparagraph (A) shall equal the 

13 sum of the funding that the Indian tribal gov14 ernment would otherwise receive for the pro15 gram or project in accordance with the funding 

16 formula established under this subsection and 

17 such additional amounts as the Secretary deter18 mines equal the amounts that would have been 

19 withheld for the costs of the Bureau of Indian 

20 Affairs for administration of the program or 

21 project. 

22 ‘‘(F) ELIGIBILITY.— 

23 ‘‘(i) IN GENERAL.—Subject to clause 

24 (ii) and the approval of the Secretary, 

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1 paragraph (A) to an Indian tribal govern2 ment for a program or project in a fiscal 

3 year only if the Indian tribal government 

4 requesting such funds demonstrates to the 

5 satisfaction of the Secretary financial sta6 bility and financial management capability 

7 during the 3 fiscal years immediately pre8 ceding the fiscal year for which the request 

9 is being made. 

10 ‘‘(ii) CONSIDERATIONS.—An Indian 

11 tribal government that had no uncorrected 

12 significant and material audit exceptions in 

13 the required annual audit of the contracts 

14 or self-governance funding agreements 

15 made by the Indian tribe with any Federal 

16 agency under the Indian Self-Determina17 tion and Education Assistance Act (25 

18 U.S.C. 450 et seq.) during the 3-fiscal year 

19 period referred in clause (i) shall be con20 clusive evidence of the financial stability 

21 and financial management capability of the 

22 Indian tribe for purposes of clause (i). 

23 ‘‘(G) ASSUMPTION OF FUNCTIONS AND DU24 TIES.—An Indian tribal government receiving 

25 funding under subparagraph (A) for a program 


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1 or project shall assume all functions and duties 

2 that the Secretary of the Interior would have 

3 performed with respect to a program or project 

4 under this chapter, other than those functions 

5 and duties that inherently cannot be legally 

6 transferred under the Indian Self-Determina7 tion and Education Assistance Act (25 U.S.C. 

8 450 et seq.). 

9 ‘‘(H) POWERS.—An Indian tribal govern10 ment receiving funding under subparagraph (A) 

11 for a program or project shall have all powers 

12 that the Secretary of the Interior would have 

13 exercised in administering the funds transferred 

14 to the Indian tribal government for such pro15 gram or project under this section if the funds 

16 had not been transferred, except to the extent 

17 that such powers are powers that inherently 

18 cannot be legally transferred under the Indian 

19 Self-Determination and Education Assistance 

20 Act (25 U.S.C. 450 et seq.). 

21 ‘‘(I) DISPUTE RESOLUTION.—In the event 

22 of a disagreement between the Secretary or the 

23 Secretary of the Interior and an Indian tribe 

24 over whether a particular function, duty, or 

25 power may be lawfully transferred to the Indian 


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1 tribe under the Indian Self-Determination and 

2 Education Assistance Act (25 U.S.C. 450 et 

3 seq.), the Indian tribe shall have the right to 

4 pursue all alternative dispute resolution and ap5 peal procedures authorized by that Act, includ6 ing regulations issued to carry out the Act. 

7 ‘‘(J) TERMINATION OF CONTRACT OR

8 AGREEMENT.—On the date of the termination 

9 of a contract or agreement under this section 

10 by an Indian tribal government, the Secretary 

11 shall transfer all funds that would have been al12 located to the Indian tribal government under 

13 the contract or agreement to the Secretary of 

14 the Interior to provide continued transportation 

15 services in accordance with applicable law. 

16 ‘‘(c) PLANNING.— 

17 ‘‘(1) IN GENERAL.—For each fiscal year, not 

18 more than 2 percent of the funds made available for 

19 the tribal transportation program shall be allocated 

20 among Indian tribal governments that apply for 

21 transportation planning pursuant to the Indian Self22 Determination and Education Assistance Act (25 

23 U.S.C. 450 et seq.). 

24 ‘‘(2) REQUIREMENT.—An Indian tribal govern25 ment, in cooperation with the Secretary of the InteVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 rior and, as appropriate, with a State, local govern2 ment, or metropolitan planning organization, shall 

3 carry out a transportation planning process in ac4 cordance with section 201(c). 

5 ‘‘(3) SELECTION AND APPROVAL OF

6 PROJECTS.—A project funded under this section 

7 shall be— 

8 ‘‘(A) selected by the Indian tribal govern9 ment from the transportation improvement pro10 gram; and 

11 ‘‘(B) subject to the approval of the Sec12 retary of the Interior and the Secretary. 

13 ‘‘(d) TRIBAL TRANSPORTATION FACILITY

14 BRIDGES.— 

15 ‘‘(1) NATIONWIDE PRIORITY PROGRAM.—The 

16 Secretary shall maintain a nationwide priority pro17 gram for improving deficient bridges eligible for the 

18 tribal transportation program. 

19 ‘‘(2) FUNDING.—Before making any distribu20 tion under subsection (b), the Secretary shall set 

21 aside not more than 2 percent of the funds made 

22 available under the tribal transportation program for 

23 each fiscal year to be allocated— 

24 ‘‘(A) to carry out any planning, design, en25 gineering, preconstruction, construction, and inVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 spection of a project to replace, rehabilitate, 

2 seismically retrofit, paint, apply calcium magne3 sium acetate, sodium acetate/formate, or other 

4 environmentally acceptable, minimally corrosive 

5 anti-icing and deicing composition; or 

6 ‘‘(B) to implement any countermeasure for 

7 deficient tribal transportation facility bridges, 

8 including multiple-pipe culverts. 

9 ‘‘(3) ELIGIBLE BRIDGES.—To be eligible to re10 ceive funding under this subsection, a bridge de11 scribed in paragraph (1) shall— 

12 ‘‘(A) have an opening of not less than 20 

13 feet; 

14 ‘‘(B) be classified as a tribal transpor15 tation facility; and 

16 ‘‘(C) be structurally deficient or function17 ally obsolete. 

18 ‘‘(4) APPROVAL REQUIREMENT.—The Secretary 

19 may make funds available under this subsection for 

20 preliminary engineering, construction, and construc21 tion engineering activities after approval of required 

22 documentation and verification of eligibility in ac23 cordance with this title. 

24 ‘‘(e) SAFETY.— 


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1 ‘‘(1) FUNDING.—Before making any distribu2 tion under subsection (b), the Secretary shall set 

3 aside not more than 2 percent of the funds made 

4 available under the tribal transportation program for 

5 each fiscal year to be allocated based on an identi6 fication and analysis of highway safety issues and 

7 opportunities on tribal land, as determined by the 

8 Secretary, on application of the Indian tribal govern9 ments for eligible projects described in section 

10 148(a)(4). 

11 ‘‘(2) PROJECT SELECTION.—An Indian tribal 

12 government, in cooperation with the Secretary of the 

13 Interior and, as appropriate, with a State, local gov14 ernment, or metropolitan planning organization, 

15 shall select projects from the transportation im16 provement program, subject to the approval of the 

17 Secretary and the Secretary of the Interior. 

18 ‘‘(f) FEDERAL-AID ELIGIBLE PROJECTS.—Before ap19 proving as a project on a tribal transportation facility any 

20 project eligible for funds apportioned under section 104 

21 in a State, the Secretary shall, for projects on tribal trans22 portation facilities, determine that the obligation of funds 

23 for the project is supplementary to and not in lieu of the 

24 obligation of a fair and equitable share of funds appor25 tioned to the State under section 104. 


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1 ‘‘§ 203. Federal lands transportation program 

2 ‘‘(a) USE OF FUNDS.— 

3 ‘‘(1) IN GENERAL.—Funds made available 

4 under the Federal lands transportation program 

5 shall be used by the Secretary of Transportation and 

6 the Secretary of the appropriate Federal land man7 agement agency to pay the costs of— 

8 ‘‘(A) program administration, transpor9 tation planning, research, preventive mainte10 nance, engineering, rehabilitation, restoration, 

11 construction, and reconstruction of Federal 

12 lands transportation facilities, and— 

13 ‘‘(i) adjacent vehicular parking areas; 

14 ‘‘(ii) acquisition of necessary scenic 

15 easements and scenic or historic sites; 

16 ‘‘(iii) provision for pedestrians and bi17 cycles; 

18 ‘‘(iv) environmental mitigation in or 

19 adjacent to Federal land open to the pub20 lic— 

21 ‘‘(I) to improve public safety and 

22 reduce vehicle-caused wildlife mor23 tality while maintaining habitat 

24 connectivity; and 

25 ‘‘(II) to mitigate the damage to 

26 wildlife, aquatic organism passage, 


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1 habitat, and ecosystem connectivity, 

2 including the costs of constructing, 

3 maintaining, replacing, or removing 

4 culverts and bridges, as appropriate; 

5 ‘‘(v) construction and reconstruction 

6 of roadside rest areas, including sanitary 

7 and water facilities; 

8 ‘‘(vi) congestion mitigation; and 

9 ‘‘(vii) other appropriate public road 

10 facilities, as determined by the Secretary; 

11 ‘‘(B) operation and maintenance of transit 

12 facilities; and 

13 ‘‘(C) any transportation project eligible for 

14 assistance under this title that is on a public 

15 road within or adjacent to, or that provides ac16 cess to, Federal lands open to the public. 

17 ‘‘(2) CONTRACT.—In connection with an activ18 ity described in paragraph (1), the Secretary and the 

19 Secretary of the appropriate Federal land manage20 ment agency may enter into a contract or other ap21 propriate agreement with respect to the activity 

22 with— 

23 ‘‘(A) a State (including a political subdivi24 sion of a State); or 

25 ‘‘(B) an Indian tribe. 


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1 ‘‘(3) ADMINISTRATION.—All appropriations for 

2 the construction and improvement of Federal lands 

3 transportation facilities shall be administered in con4 formity with regulations and agreements jointly ap5 proved by the Secretary and the Secretary of the ap6 propriate Federal land managing agency. 

7 ‘‘(4) COOPERATION.— 

8 ‘‘(A) IN GENERAL.—The cooperation of 

9 States, counties, or other local subdivisions may 

10 be accepted in construction and improvement. 

11 ‘‘(B) FUNDS RECEIVED.—Any funds re12 ceived from a State, county, or local subdivision 

13 shall be credited to appropriations available for 

14 the class of Federal lands transportation facili15 ties to which the funds were contributed. 

16 ‘‘(5) COMPETITIVE BIDDING.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), construction of each project shall be 

19 performed by contract awarded by competitive 

20 bidding. 

21 ‘‘(B) EXCEPTION.—Subparagraph (A) 

22 shall not apply if the Secretary or the Secretary 

23 of the appropriate Federal land management 

24 agency affirmatively finds that, under the cirVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 cumstances relating to the project, a different 

2 method is in the public interest. 

3 ‘‘(b) AGENCY PROGRAM DISTRIBUTIONS.— 

4 ‘‘(1) IN GENERAL.—On October 1, 2011, and 

5 on October 1 of each fiscal year thereafter, the Sec6 retary shall allocate the sums authorized to be ap7 propriated for the fiscal year for the Federal lands 

8 transportation program on the basis of applications 

9 of need, as determined by the Secretary— 

10 ‘‘(A) in consultation with the Secretaries of 

11 the applicable Federal land management agen12 cies; and 

13 ‘‘(B) in coordination with the transpor14 tation plans required under section 201 of the 

15 respective transportation systems of— 

16 ‘‘(i) the National Park Service; 

17 ‘‘(ii) the Forest Service; 

18 ‘‘(iii) the United States Fish and 

19 Wildlife Service; 

20 ‘‘(iv) the Corps of Engineers; and 

21 ‘‘(v) the Bureau of Land Manage22 ment. 

23 ‘‘(2) APPLICATIONS.— 

24 ‘‘(A) REQUIREMENTS.—Each application 

25 submitted by a Federal land management agenVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 cy shall include proposed programs at various 

2 potential funding levels, as defined by the Sec3 retary following collaborative discussions with 

4 applicable Federal land management agencies. 

5 ‘‘(B) CONSIDERATION BY SECRETARY.—In 

6 evaluating an application submitted under sub7 paragraph (A), the Secretary shall consider the 

8 extent to which the programs support— 

9 ‘‘(i) the transportation goals of— 

10 ‘‘(I) a state of good repair of 

11 transportation facilities; 

12 ‘‘(II) a reduction of bridge defi13 ciencies, and 

14 ‘‘(III) an improvement of safety; 

15 ‘‘(ii) high-use Federal recreational 

16 sites or Federal economic generators; and 

17 ‘‘(iii) the resource and asset manage18 ment goals of the Secretary of the respec19 tive Federal land management agency. 

20 ‘‘(C) PERMISSIVE CONTENTS.—Applica21 tions may include proposed programs the dura22 tion of which extend over a multiple-year period 

23 to support long-term transportation planning 

24 and resource management initiatives. 


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1 ‘‘(c) NATIONAL FEDERAL LANDS TRANSPORTATION

2 FACILITY INVENTORY.— 

3 ‘‘(1) IN GENERAL.—The Secretaries of the ap4 propriate Federal land management agencies, in co5 operation with the Secretary, shall maintain a com6 prehensive national inventory of public Federal lands 

7 transportation facilities. 

8 ‘‘(2) TRANSPORTATION FACILITIES INCLUDED

9 IN THE INVENTORIES.—To identify the Federal 

10 lands transportation system and determine the rel11 ative transportation needs among Federal land man12 agement agencies, the inventories shall include, at a 

13 minimum, facilities that— 

14 ‘‘(A) provide access to high-use Federal 

15 recreation sites or Federal economic generators, 

16 as determined by the Secretary in coordination 

17 with the respective Secretaries of the appro18 priate Federal land management agencies; and 

19 ‘‘(B) are owned by 1 of the following agen20 cies: 

21 ‘‘(i) The National Park Service. 

22 ‘‘(ii) The Forest Service. 

23 ‘‘(iii) The United States Fish and 

24 Wildlife Service. 


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1 ‘‘(iv) The Bureau of Land Manage2 ment. 

3 ‘‘(v) The Corps of Engineers. 

4 ‘‘(3) AVAILABILITY.—The inventories shall be 

5 made available to the Secretary. 

6 ‘‘(4) UPDATES.—The Secretaries of the appro7 priate Federal land management agencies shall up8 date the inventories of the appropriate Federal land 

9 management agencies, as determined by the Sec10 retary after collaborative discussions with the Secre11 taries of the appropriate Federal land management 

12 agencies. 

13 ‘‘(5) REVIEW.—A decision to add or remove a 

14 facility from the inventory shall not be considered a 

15 Federal action for purposes of review under the Na16 tional Environmental Policy Act of 1969 (42 U.S.C. 

17 4321 et seq.). 

18 ‘‘(d) BICYCLE SAFETY.—The Secretary of the appro19 priate Federal land management agency shall prohibit the 

20 use of bicycles on each federally owned road that has a 

21 speed limit of 30 miles per hour or greater and an adja22 cent paved path for use by bicycles within 100 yards of 

23 the road. 

24 ‘‘§ 204. Federal lands access program 

25 ‘‘(a) USE OF FUNDS.— 


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1 ‘‘(1) IN GENERAL.—Funds made available 

2 under the Federal lands access program shall be 

3 used by the Secretary of Transportation and the 

4 Secretary of the appropriate Federal land manage5 ment agency to pay the cost of— 

6 ‘‘(A) transportation planning, research, en7 gineering, preventive maintenance, rehabilita8 tion, restoration, construction, and reconstruc9 tion of Federal lands access transportation fa10 cilities located on or adjacent to, or that provide 

11 access to, Federal land, and— 

12 ‘‘(i) adjacent vehicular parking areas; 

13 ‘‘(ii) acquisition of necessary scenic 

14 easements and scenic or historic sites; 

15 ‘‘(iii) provisions for pedestrians and 

16 bicycles; 

17 ‘‘(iv) environmental mitigation in or 

18 adjacent to Federal land— 

19 ‘‘(I) to improve public safety and 

20 reduce vehicle-caused wildlife mor21 tality while maintaining habitat 

22 connectivity; and 

23 ‘‘(II) to mitigate the damage to 

24 wildlife, aquatic organism passage, 

25 habitat, and ecosystem connectivity, 


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1 including the costs of constructing, 

2 maintaining, replacing, or removing 

3 culverts and bridges, as appropriate; 

4 ‘‘(v) construction and reconstruction 

5 of roadside rest areas, including sanitary 

6 and water facilities; and 

7 ‘‘(vi) other appropriate public road fa8 cilities, as determined by the Secretary; 

9 ‘‘(B) operation and maintenance of transit 

10 facilities; and 

11 ‘‘(C) any transportation project eligible for 

12 assistance under this title that is within or ad13 jacent to, or that provides access to, Federal 

14 land. 

15 ‘‘(2) CONTRACT.—In connection with an activ16 ity described in paragraph (1), the Secretary and the 

17 Secretary of the appropriate Federal land manage18 ment agency may enter into a contract or other ap19 propriate agreement with respect to the activity 

20 with— 

21 ‘‘(A) a State (including a political subdivi22 sion of a State); or 

23 ‘‘(B) an Indian tribe. 

24 ‘‘(3) ADMINISTRATION.—All appropriations for 

25 the construction and improvement of Federal lands 


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1 access transportation facilities shall be administered 

2 in conformity with regulations and agreements ap3 proved by the Secretary. 

4 ‘‘(4) COOPERATION.— 

5 ‘‘(A) IN GENERAL.—The cooperation of 

6 States, counties, or other local subdivisions may 

7 be accepted in construction and improvement. 

8 ‘‘(B) FUNDS RECEIVED.—Any funds re9 ceived from a State, county, or local subdivision 

10 for a Federal lands access transportation facil11 ity project shall be credited to appropriations 

12 available under the Federal lands access pro13 gram. 

14 ‘‘(5) COMPETITIVE BIDDING.— 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graph (B), construction of each project shall be 

17 performed by contract awarded by competitive 

18 bidding. 

19 ‘‘(B) EXCEPTION.—Subparagraph (A) 

20 shall not apply if the Secretary or the Secretary 

21 of the appropriate Federal land management 

22 agency affirmatively finds that, under the cir23 cumstances relating to the project, a different 

24 method is in the public interest. 

25 ‘‘(b) PROGRAM DISTRIBUTIONS.— 


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1 ‘‘(1) IN GENERAL.—Funding made available to 

2 carry out the Federal lands access program shall be 

3 allocated among those States that have Federal 

4 land, in accordance with the following formula: 

5 ‘‘(A) 80 percent of the available funding 

6 for use in those States that contain at least 1 

1 7 ⁄2 percent of the total public land in the United 

8 States managed by the agencies described in 

9 paragraph (2), to be distributed as follows: 

10 ‘‘(i) 30 percent in the ratio that— 

11 ‘‘(I) recreational visitation within 

12 each such State; bears to 

13 ‘‘(II) the recreational visitation 

14 within all such States. 

15 ‘‘(ii) 5 percent in the ratio that— 

16 ‘‘(I) the Federal land area within 

17 each such State; bears to 

18 ‘‘(II) the Federal land area in all 

19 such States. 

20 ‘‘(iii) 55 percent in the ratio that— 

21 ‘‘(I) the Federal public road 

22 miles within each such State; bears to 

23 ‘‘(II) the Federal public road 

24 miles in all such States. 

25 ‘‘(iv) 10 percent in the ratio that— 


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1 ‘‘(I) the number of Federal pub2 lic bridges within each such State; 

3 bears to 

4 ‘‘(II) the number of Federal pub5 lic bridges in all such States. 

6 ‘‘(B) 20 percent of the available funding 

7 for use in those States that do not contain at 

least 1 1 8 ⁄2 percent of the total public land in the 

9 United States managed by the agencies de10 scribed in paragraph (2), to be distributed as 

11 follows: 

12 ‘‘(i) 30 percent in the ratio that— 

13 ‘‘(I) recreational visitation within 

14 each such State; bears to 

15 ‘‘(II) the recreational visitation 

16 within all such States. 

17 ‘‘(ii) 5 percent in the ratio that— 

18 ‘‘(I) the Federal land area within 

19 each such State; bears to 

20 ‘‘(II) the Federal land area in all 

21 such States. 

22 ‘‘(iii) 55 percent in the ratio that— 

23 ‘‘(I) the Federal public road 

24 miles within each such State; bears to 


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1 ‘‘(II) the Federal public road 

2 miles in all such States. 

3 ‘‘(iv) 10 percent in the ratio that— 

4 ‘‘(I) the number of Federal pub5 lic bridges within each such State; 

6 bears to 

7 ‘‘(II) the number of Federal pub8 lic bridges in all such States. 

9 ‘‘(2) DATA SOURCE.—Data necessary to dis10 tribute funding under paragraph (1) shall be pro11 vided by the following Federal land management 

12 agencies: 

13 ‘‘(A) The National Park Service. 

14 ‘‘(B) The Forest Service. 

15 ‘‘(C) The United States Fish and Wildlife 

16 Service. 

17 ‘‘(D) The Bureau of Land Management. 

18 ‘‘(E) The Corps of Engineers. 

19 ‘‘(c) PROGRAMMING DECISIONS COMMITTEE.— 

20 ‘‘(1) IN GENERAL.—Programming decisions 

21 shall be made within each State by a committee 

22 comprised of— 

23 ‘‘(A) a representative of the Federal High24 way Administration; 


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1 ‘‘(B) a representative of the State Depart2 ment of Transportation; and 

3 ‘‘(C) a representative of any appropriate 

4 political subdivision of the State. 

5 ‘‘(2) CONSULTATION REQUIREMENT.—The com6 mittee described in paragraph (1) shall consult with 

7 each applicable Federal agency in each State before 

8 any joint discussion or final programming decision. 

9 ‘‘(3) PROJECT PREFERENCE.—In making a 

10 programming decision under paragraph (1), the 

11 committee shall give preference to projects that pro12 vide access to, are adjacent to, or are located within 

13 high-use Federal recreation sites or Federal eco14 nomic generators, as identified by the Secretaries of 

15 the appropriate Federal land management agen16 cies.’’. 

17 (b) PUBLIC LANDS DEVELOPMENT ROADS AND

18 TRAILS.—Section 214 of title 23, United States Code, is 

19 repealed. 

20 (c) CONFORMING AMENDMENTS.— 

21 (1) CHAPTER 2 ANALYSIS.—The analysis for 

22 chapter 2 of title 23, United States Code, is amend23 ed: 


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1 (A) By striking the items relating to sec2 tions 201 through 204 and inserting the fol3 lowing: 

‘‘201. Federal lands and tribal transportation programs. 

‘‘202. Tribal transportation program. 

‘‘203. Federal lands transportation program. 

‘‘204. Federal lands access program.’’. 

4 (B) By striking the item relating to section 

5 214. 

6 (2) DEFINITION.—Section 138(a) of title 23, 

7 United States Code, is amended in the third sen8 tence by striking ‘‘park road or parkway under sec9 tion 204 of this title’’ and inserting ‘‘Federal lands 

10 transportation facility’’. 

11 (3) RULES, REGULATIONS, AND RECOMMENDA12 TIONS.—Section 315 of title 23, United States Code, 

13 is amended by striking ‘‘204(f)’’ and inserting 

14 ‘‘202(a)(5), 203(a)(3),’’. 

15 SEC. 1117. ALASKA HIGHWAY. 

16 Section 218 of title 23, United States Code, is 

17 amended to read as follows: 

18 ‘‘§ 218. Alaska Highway 

19 ‘‘(a) DEFINITION OF ALASKA MARINE HIGHWAY

20 SYSTEM.—In this section, the term ‘Alaska Marine High21 way System’ includes each existing or planned transpor22 tation facility and equipment in the State of Alaska relat23 ing to the ferry system of the State, including the lease, 


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1 purchase, or construction of vessels, terminals, docks, 

2 floats, ramps, staging areas, parking lots, bridges, and ap3 proaches thereto, and necessary roads. 

4 ‘‘(b) AUTHORIZATION OF SECRETARY.— 

5 ‘‘(1) IN GENERAL.—Recognizing the benefits 

6 that will accrue to the State of Alaska and to the 

7 United States from the reconstruction of the Alaska 

8 Highway from the Alaskan border to Haines Junc9 tion in Canada and the Haines Cutoff Highway from 

10 Haines Junction in Canada to Haines, the Secretary 

11 is authorized, upon agreement with the State of 

12 Alaska, to expend on such highway or the Alaska 

13 Marine Highway System any Federal-aid highway 

14 funds apportioned to the State of Alaska under this 

15 title to provide for necessary reconstruction of such 

16 highway. 

17 ‘‘(2) LIMITATION.—No expenditures shall be 

18 made for the construction of the portion of the high19 ways that are in located in Canada until the date on 

20 which an agreement has been reached by the Gov21 ernment of Canada and the Government of the 

22 United States, which shall provide in part, that the 

23 Canadian Government— 

24 ‘‘(A) will provide, without participation of 

25 funds authorized under this title, all necessary 


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1 right-of-way for the construction of the high2 ways; 

3 ‘‘(B) will not impose any highway toll, or 

4 permit any toll to be charged for the use of the 

5 highways by vehicles or persons; 

6 ‘‘(C) will not levy or assess, directly or in7 directly, any fee, tax, or other charge for the 

8 use of the highways by vehicles or persons from 

9 the United States that does not apply equally to 

10 vehicles or persons of Canada; 

11 ‘‘(D) will continue to grant reciprocal rec12 ognition of vehicle registration and drivers’ li13 censes in accordance with agreements between 

14 the United States and Canada; and 

15 ‘‘(E) will maintain the highways after the 

16 date of completion of the highways in proper 

17 condition adequately to serve the needs of 

18 present and future traffic. 

19 ‘‘(c) SUPERVISION OF SECRETARY.—The survey and 

20 construction work undertaken in Canada pursuant to this 

21 section shall be under the general supervision of the Sec22 retary.’’. 


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1 SEC. 1118. PROJECTS OF NATIONAL AND REGIONAL SIG2 NIFICANCE. 

3 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 

4 shall establish a program in accordance with this section 

5 to provide grants for projects of national and regional sig6 nificance. 

7 (b) PURPOSE OF PROGRAM.—The purpose of the 

8 projects of national and regional significance program 

9 shall be to fund critical high-cost surface transportation 

10 infrastructure projects that are difficult to complete with 

11 existing Federal, State, local, and private funds and that 

12 will— 

13 (1) generate national and regional economic 

14 benefits and increase global economic competitive15 ness; 

16 (2) reduce congestion and its impacts; 

17 (3) improve roadways vital to national energy 

18 security; 

19 (4) improve movement of freight and people; 

20 and 

21 (5) improve transportation safety. 

22 (c) DEFINITIONS.—In this section: 

23 (1) ELIGIBLE APPLICANT.—The term ‘‘eligible 

24 applicant’’ means a State department of transpor25 tation or a group of State departments of transpor26 tation, a local government, a tribal government or 


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1 consortium of tribal governments, a transit agency, 

2 a port authority, a metropolitan planning organiza3 tion, other political subdivisions of State or local 

4 governments, or a multi-State or multi-jurisdictional 

5 group of the aforementioned entities. 

6 (2) ELIGIBLE PROJECT.—The term ‘‘eligible 

7 project’’ means a surface transportation project or a 

8 program of integrated surface transportation 

9 projects closely related in the function they perform 

10 that— 

11 (A) is a capital project or projects— 

12 (i) eligible for Federal financial assist13 ance under title 23, United States Code, or 

14 under chapter 53 of title 49, United States 

15 Code; or 

16 (ii) for surface transportation infra17 structure to facilitate intermodal inter18 change, transfer, and access into and out 

19 of intermodal facilities, including ports; 

20 and 

21 (B) has eligible project costs that are rea22 sonably anticipated to equal or exceed the lesser 

23 of— 

24 (i) $500,000,000; 


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1 (ii) for a project located in a single 

2 State, 60 30 percent of the amount of Fed3 eral-aid highway funds apportioned for the 

4 most recently completed fiscal year to the 

5 State; or 

6 (iii) for a project located in more than 

7 1 State, 75 percent of the amount of Fed8 eral-aid highway funds apportioned for the 

9 most recently completed fiscal year to the 

10 State in which the project is located that 

11 has the largest apportionment. 

12 (3) ELIGIBLE PROJECT COSTS.—The term ‘‘eli13 gible project costs’’ means the costs of— 

14 (A) development phase activities, including 

15 planning, feasibility analysis, revenue fore16 casting, environmental review, preliminary engi17 neering and design work, and other 

18 preconstruction activities; 

19 (B) construction, reconstruction, rehabili20 tation, and acquisition of real property (includ21 ing land related to the project and improve22 ments to land), environmental mitigation, con23 struction contingencies, acquisition of equip24 ment directly related to improving system per25 formance, and operational improvements; and 


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1 (C) all financing costs, including subsidy 

2 costs under the Transportation Infrastructure 

3 Finance and Innovation Act program. 

4 (d) SOLICITATIONS AND APPLICATIONS.— 

5 (1) GRANT SOLICITATIONS.—The Secretary 

6 shall establish criteria for project evaluation and 

7 conduct a transparent and competitive national solic8 itation process to select projects for funding to carry 

9 out the purposes of this section. 

10 (2) APPLICATIONS.— 

11 (A) IN GENERAL.—An eligible applicant 

12 seeking a grant under this section for an eligi13 ble project shall submit an application to the 

14 Secretary in such form and in accordance with 

15 such requirements as the Secretary shall estab16 lish. 

17 (B) CONTENTS.—An application under 

18 this subsection shall, at a minimum, include 

19 data on current system performance and esti20 mated system improvements that will result 

21 from completion of the eligible project, includ22 ing projections for 2, 7, and 15 years after 

23 completion. 

24 (C) RESUBMISSION OF APPLICATIONS.—An 

25 eligible applicant whose project is not selected 


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1 by the Secretary may resubmit an application 

2 in any subsequent solicitation. 

3 (e) CRITERIA FOR PROJECT EVALUATION AND SE4 LECTION.— 

5 (1) IN GENERAL.—The Secretary may select a 

6 project only if the Secretary determines that the 

7 project— 

8 (A) will significantly improve the perform9 ance of the national surface transportation net10 work, nationally or regionally; 

11 (B) is based on the results of preliminary 

12 engineering; 

13 (C) cannot be readily and efficiently com14 pleted without Federal support from this pro15 gram; 

16 (D) is justified based on the ability of the 

17 project— 

18 (i) to generate national economic ben19 efits that reasonably exceed its costs, in20 cluding increased access to jobs, labor, and 

21 other critical economic inputs; 

22 (ii) to reduce long-term congestion, in23 cluding impacts in the State, region, and 

24 Nation, and increase speed, reliability, and 


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1 accessibility of the movement of people or 

2 freight; and 

3 (iii) to improve transportation safety, 

4 including reducing transportation acci5 dents, injuries, and serious injuries and fa6 talities; and 

7 (E) is supported by an acceptable degree 

8 of non-Federal financial commitments, includ9 ing evidence of stable and dependable financing 

10 sources to construct, maintain, and operate the 

11 infrastructure facility. 

12 (2) ADDITIONAL CONSIDERATIONS.—In evalu13 ating a project under this section, in addition to the 

14 criteria in paragraph (1), the Secretary shall con15 sider the extent to which the project— 

16 (A) leverages Federal investment by en17 couraging non-Federal contributions to the 

18 project, including contributions from public-pri19 vate partnerships; 

20 (B) is able to begin construction within 18 

21 months of being selected; 

22 (C) incorporates innovative project delivery 

23 and financing where practical; 

24 (D) stimulates collaboration between 

25 States and among State and local governments; 


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1 (E) helps maintain or protect the environ2 ment; 

3 (F) improves roadways vital to national en4 ergy security; 

5 (G) uses innovative technologies, including 

6 intelligent transportation systems, that enhance 

7 the efficiency of the project; and 

8 (H) contributes to an equitable geographic 

9 distribution of funds under this section and an 

10 appropriate balance in addressing the needs of 

11 urban and rural communities. 

12 (f) GRANT REQUIREMENTS.— 

13 (1) IN GENERAL.—A grant for a project under 

14 this section shall be subject to the following require15 ments: 

16 (A) A qualifying highway project eligible 

17 for funding under title 23, United States Code, 

18 or public transportation project eligible under 

19 chapter 53 of title 49, United States Code, shall 

20 comply with all applicable requirements of such 

21 title or chapter except that, if the project con22 tains elements or activities that are not eligible 

23 for funding under such title or chapter but are 

24 eligible for funding under this section, the eleVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 ments or activities shall comply with the re2 quirements described in subparagraph (B). 

3 (B) A qualifying surface transportation 

4 project not eligible under title 23, United States 

5 Code, or chapter 53 of title 49, United States 

6 Code, shall comply with the requirements of 

7 subchapter IV of chapter 31 of title 40, United 

8 States Code, [section 10a-d of title 41, United 

9 States Code ], and such other terms, conditions, 

10 and requirements as the Secretary determines 

11 are necessary and appropriate for the type of 

12 project. 

13 (2) DETERMINATION OF APPLICABLE MODAL

14 REQUIREMENTS.—In the event that a project has 

15 cross-modal components, the Secretary shall have 

16 the discretion to designate the requirements that 

17 shall apply to the project based on predominant 

18 components. 

19 (3) OTHER TERMS AND CONDITIONS.—The Sec20 retary shall require that all grants under this section 

21 be subject to all terms, conditions, and requirements 

22 that the Secretary decides are necessary or appro23 priate for purposes of this section, including require24 ments for the disposition of net increases in value of 


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1 real property resulting from the project assisted 

2 under this section. 

3 (g) FEDERAL SHARE OF PROJECT COST.—The Fed4 eral share of funds under this section for the project shall 

5 be up to 50 percent of the project cost. Other eligible Fed6 eral transportation funds may be used by the project spon7 sor up to an additional 30 percent of the project costs. 

8 If a project is to construct or improve a privately owned 

9 facility or would primarily benefit a private entity, the 

10 Federal share shall be the lesser of 50 percent of the total 

11 project cost or the quantified public benefit of the project. 

12 The Secretary may allow costs incurred prior to project 

13 approval to be used as a credit toward the non-Federal 

14 share of the cost of the project. Such costs must be ade15 quately documented, necessary, reasonable and allocable 

16 to the current phase of the project and such costs may 

17 not be included as a cost or used to meet cost sharing 

18 or matching requirements of any other federally financed 

19 project. 

20 (g) FEDERAL SHARE OF PROJECT COST.— 

21 (1) IN GENERAL.—If a project funded under this 

22 section is to construct or improve a privately owned 

23 facility or would primarily benefit a private entity, 

24 the Federal share shall be the lesser of 50 percent of 

25 the total project cost or the quantified public benefit 


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1 of the project. For all other projects funded under this 

2 section— 

3 (A) the Federal share of funds under this 

4 section shall be up to 50 percent of the project 

5 cost; and 

6 (B) the project sponsor may use other eligi7 ble Federal transportation funds to cover up to 

8 an additional 30 percent of the project costs. 

9 (2) PRE-APPROVAL COSTS.—The Secretary may 

10 allow costs incurred prior to project approval to be 

11 used as a credit toward the non-Federal share of the 

12 cost of the project. Such costs must be adequately doc13 umented, necessary, reasonable, and allocable to the 

14 current phase of the project and such costs may not 

15 be included as a cost or used to meet cost-sharing or 

16 matching requirements of any other federally-financed 

17 project. 

18 (h) REPORT TO THE SECRETARY.—For each project 

19 funded under this section, the project sponsor shall reas20 sess system performance and report to the Secretary 2, 

21 7, and 15 years after completion of the project to assess 

22 if the project outcomes have met pre-construction projec23 tions. 

24 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to carry out this section, 


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1 to remain available until expended, $1,000,000,000 for fis2 cal year 2013. 

3 (j) TREATMENT OF PROJECTS.—Notwithstanding 

4 any other provision of law, projects funded under this sec5 tion shall be treated as projects on a Federal-aid system 

6 highway under chapter 1 of title 23, United States Code. 

7 Subtitle B—Performance 

8 Management 

9 SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING. 

10 Section 134 of title 23, United States Code, is 

11 amended to read as follows: 

12 ‘‘§ 134. Metropolitan transportation planning 

13 ‘‘(a) POLICY.—It is in the national interest— 

14 ‘‘(1) to encourage and promote the safe, cost15 effective, and efficient management, operation, and 

16 development of surface transportation systems that 

17 will serve efficiently the mobility needs of individuals 

18 and freight, reduce transportation-related fatalities 

19 and serious injuries, and foster economic growth and 

20 development within and between States and urban21 ized areas, while fitting the needs and complexity of 

22 individual communities, maximizing value for tax23 payers, leveraging cooperative investments, and 

24 minimizing transportation-related fuel consumption 

25 and air pollution through the metropolitan and 


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1 statewide transportation planning processes identi2 fied in this title; 

3 ‘‘(2) to encourage the continued improvement, 

4 evolution, and coordination of the metropolitan and 

5 statewide transportation planning processes by and 

6 among metropolitan planning organizations, State 

7 departments of transportation, regional planning or8 ganizations, interstate partnerships, and public tran9 sit and intercity service operators as guided by the 

10 planning factors identified in subsection (h) of this 

11 section and section 135(d); 

12 ‘‘(3) to encourage and promote transportation 

13 needs and decisions that are integrated with other 

14 planning needs and priorities; and 

15 ‘‘(4) to maximize the effectiveness of transpor16 tation investments. 

17 ‘‘(b) DEFINITIONS.—In this section and section 135, 

18 the following definitions apply: 

19 ‘‘(1) EXISTING MPO.—The term ‘existing MPO’ 

20 mens a metropolitan planning organization that was 

21 designated as a metropolitan planning organization 

22 on the day before the date of enactment of the 

23 MAP–21. 

24 ‘‘(2) LOCAL OFFICIAL.—The term ‘local official’ 

25 means any elected or appointed official of general 


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1 purpose local government with responsibility for 

2 transportation in a designated area. 

3 ‘‘(3) MAINTENANCE AREA.—The term ‘mainte4 nance area’ means an area that was designated as 

5 an air quality nonattainment area, but was later re6 designated by the Administrator of the Environ7 mental Protection Agency as an air quality attain8 ment area, under section 107(d) of the Clean Air 

9 Act (42 U.S.C. 7407(d)). 

10 ‘‘(4) METROPOLITAN PLANNING AREA.—The 

11 term ‘metropolitan planning area’ means a geo12 graphical area determined by agreement between the 

13 metropolitan planning organization for the area and 

14 the applicable Governor under subsection (c). 

15 ‘‘(5) METROPOLITAN PLANNING ORGANIZA16 TION.—The term ‘metropolitan planning organiza17 tion’ means the policy board of an organization es18 tablished pursuant to subsection (c). 

19 ‘‘(6) METROPOLITAN TRANSPORTATION

20 PLAN.—The term ‘metropolitan transportation plan’ 

21 means a plan developed by a metropolitan planning 

22 organization under subsection (i). 

23 ‘‘(7) NONATTAINMENT AREA.—The term ‘non24 attainment area’ has the meaning given the term in 

25 section 171 of the Clean Air Act (42 U.S.C. 7501). 


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1 ‘‘(8) NONMETROPOLITAN AREA.— 

2 ‘‘(A) IN GENERAL.—The term ‘nonmetro3 politan area’ means a geographical area outside 

4 the boundaries of a designated metropolitan 

5 planning area. 

6 ‘‘(B) INCLUSIONS.—The term ‘nonmetro7 politan area’ includes small urbanized and non8 urbanized areas. 

9 ‘‘(9) NONMETROPOLITAN PLANNING ORGANIZA10 TION.— 

11 ‘‘(A) IN GENERAL.—The term ‘nonmetro12 politan planning organization’ means an organi13 zation designated by a State to enhance the 

14 planning, coordination, and implementation of 

15 statewide transportation plans and programs in 

16 a nonmetropolitan area, with an emphasis on 

17 addressing the needs of nonmetropolitan areas 

18 of the State. 

19 ‘‘(B) INCLUSION.—The term ‘nonmetro20 politan planning organization’ includes a rural 

21 planning organization. 

22 ‘‘(9) NONMETROPOLITAN PLANNING ORGANIZA23 TION.—The term ‘nonmetropolitan planning organi24 zation’ means an organization that— 


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1 ‘‘(A) was designated as a metropolitan 

2 planning organization as of the day before the 

3 date of enactment of the MAP-21; and 

4 ‘‘(B) is not designated as a tier I or tier II 

5 metropolitan planning organization. 

6 ‘‘(10) REGIONALLY SIGNIFICANT.—The term 

7 ‘regionally significant’, with respect to a transpor8 tation project, program, service, or strategy, means 

9 a project, program, service, or strategy that— 

10 ‘‘(A) serves regional transportation needs 

11 (such as access to and from the area outside of 

12 the region, major activity centers in the region, 

13 and major planned developments); and 

14 ‘‘(B) would normally be included in the 

15 modeling of a transportation network of a met16 ropolitan area. 

17 ‘‘(11) RURAL PLANNING ORGANIZATION.—The 

18 term ‘rural planning organization’ means an organi19 zation that— 

20 ‘‘(A) was designated as a metropolitan 

21 planning organization as of the day before the 

22 date of enactment of the MAP-21; and 

23 ‘‘(B) is not designated as a tier I or tier II 

24 metropolitan planning organization. 


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1 ‘‘(11)(12) STATEWIDE TRANSPORTATION IM2 PROVEMENT PROGRAM.—The term ‘statewide trans3 portation improvement program’ means a statewide 

4 transportation improvement program developed by a 

5 State under section 135(g). 

6 ‘‘(12)(13) STATEWIDE TRANSPORTATION

7 PLAN.—The term ‘statewide transportation plan’ 

8 means a plan developed by a State under section 

9 135(f). 

10 ‘‘(13)(14) TRANSPORTATION IMPROVEMENT

11 PROGRAM.—The term ‘transportation improvement 

12 program’ means a program developed by a metro13 politan planning organization under subsection (j). 

14 ‘‘(14)(15) URBANIZED AREA.—The term ‘ur15 banized area’ means a geographical area with a pop16 ulation of 50,000 or more individuals, as determined 

17 by the Bureau of the Census. 

18 ‘‘(c) DESIGNATION OF METROPOLITAN PLANNING

19 ORGANIZATIONS.— 

20 ‘‘(1) IN GENERAL.—To carry out the metropoli21 tan transportation planning process under this sec22 tion, a metropolitan planning organization shall be 

23 designated for each urbanized area with a population 

24 of more than 200,000 individuals— 


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1 ‘‘(A) by agreement between the applicable 

2 Governor and local officials that, in the aggre3 gate, represent at least 75 percent of the af4 fected population (including the largest incor5 porated city (based on population), as deter6 mined by the Bureau of the Census); or 

7 ‘‘(B) in accordance with procedures estab8 lished by applicable State or local law. 

9 ‘‘(2) SMALL URBANIZED AREAS.—To carry out 

10 the metropolitan transportation planning process 

11 under this section, a metropolitan planning organiza12 tion may be designated for any urbanized area with 

13 a population of more than 50,000, but less than 

14 200,000, individuals— 

15 ‘‘(A) by agreement between the applicable 

16 Governor and local officials that, in the aggre17 gate, represent at least 75 percent of the af18 fected population (including the largest incor19 porated city (based on population), as deter20 mined by the Bureau of the Census); and 

21 ‘‘(B) with the consent of the Secretary, 

22 based on a finding that the resulting metropoli23 tan planning organization has met the min24 imum requirements under subsection (e)(4)(B). 


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1 ‘‘(3) STRUCTURE.—Effective beginning on the 

2 date of designation or redesignation under this sub3 section, a metropolitan planning organization shall 

4 consist of— 

5 ‘‘(A) elected local officials in the relevant 

6 metropolitan area; 

7 ‘‘(B) officials of public agencies that ad8 minister or operate major modes of transpor9 tation in the relevant metropolitan area; and 

10 ‘‘(C) appropriate State officials. 

11 ‘‘(4) EFFECT OF SUBSECTION.—Nothing in this 

12 subsection interferes with any authority under any 

13 State law in effect on December 18, 1991, of a pub14 lic agency with multimodal transportation respon15 sibilities— 

16 ‘‘(A) to develop the metropolitan transpor17 tation plans and transportation improvement 

18 programs for adoption by a metropolitan plan19 ning organization; or 

20 ‘‘(B) to develop capital plans, coordinate 

21 transit services and projects, or carry out other 

22 activities pursuant to State law. 

23 ‘‘(5) CONTINUING DESIGNATION.—A designa24 tion of a metropolitan planning organization under 

25 this subsection or any other provision of law— 


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1 ‘‘(A) for an urbanized area with a popu2 lation of 200,000 or more individuals shall re3 main in effect— 

4 ‘‘(i) for the period during which the 

5 structure of the existing MPO complies 

6 with the requirements of paragraph (1); or 

7 ‘‘(ii) until the date on which the exist8 ing MPO is redesignated under paragraph 

9 (7); and 

10 ‘‘(B) for an urbanized area with a popu11 lation of less than 200,000 individuals, shall be 

12 terminated on the date that is 3 years after the 

13 date on which the Secretary promulgates a reg14 ulation pursuant to subsection (e)(4)(B)(i), un15 less reaffirmed by the existing MPO and the 

16 applicable Governor and approved by the Sec17 retary, on the basis of meeting the minimum re18 quirements established by the regulation. 

19 ‘‘(6) EXTENSION.— 

20 ‘‘(A) IN GENERAL.—If the applicable Gov21 ernor, acting on behalf of a metropolitan plan22 ning organization for an urbanized area with a 

23 population of less than 200,000 that would oth24 erwise be terminated under paragraph (5)(B), 

25 requests a probationary continuation before the 


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1 termination of the metropolitan planning orga2 nization, the Secretary shall— 

3 ‘‘(i) delay the termination of the met4 ropolitan planning organization under 

5 paragraph (5)(B) for a period of 1 year; 

6 and 

7 ‘‘(ii) provide additional technical as8 sistance to all metropolitan planning orga9 nizations provided an extension under this 

10 paragraph to assist the metropolitan plan11 ning organization in meeting the minimum 

12 requirements under subsection (e)(4)(B)(i). 

13 ‘‘(B) DESIGNATION AS TIER II MPO.—If 

14 the Secretary determines the metropolitan plan15 ning organization has met the minimum re16 quirements under subsection (e)(4)(B)(i) before 

17 the final termination date, the metropolitan 

18 planning organization shall be designated as a 

19 tier II MPO. 

20 ‘‘(7) REDESIGNATION.—The designation of a 

21 metropolitan planning organization under this sub22 section shall remain in effect until the date on which 

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1 quirements of this subsection pursuant to an agree2 ment between— 

3 ‘‘(A) the applicable Governor; and 

4 ‘‘(B) affected local officials who, in the ag5 gregate, represent at least 75 percent of the ex6 isting metropolitan planning area population 

7 (including the largest incorporated city (based 

8 on population), as determined by the Bureau of 

9 the Census). 

10 ‘‘(8) DESIGNATION OF MULTIPLE MPOS.— 

11 ‘‘(A) IN GENERAL.—More than 1 metro12 politan planning organization may be des13 ignated within an existing metropolitan plan14 ning area only if the applicable Governor and 

15 an existing MPO determine that the size and 

16 complexity of the existing metropolitan planning 

17 area make the designation of more than 1 met18 ropolitan planning organization for the metro19 politan planning area appropriate. 

20 ‘‘(B) SERVICE JURISDICTIONS.—If more 

21 than 1 metropolitan planning organization is 

22 designated for an existing metropolitan plan23 ning area under subparagraph (A), the existing 

24 metropolitan planning area shall be split into 

25 multiple metropolitan planning areas, each of 


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1 which shall be served by the existing MPO or 

2 a new metropolitan planning organization. 

3 ‘‘(C) TIER DESIGNATION.—The tier des4 ignation of each metropolitan planning organi5 zation subject to a designation under this para6 graph shall be determined based on the size of 

7 each respective metropolitan planning area, in 

8 accordance with subsection (e)(4). 

9 ‘‘(d) METROPOLITAN PLANNING AREA BOUND10 ARIES.— 

11 ‘‘(1) IN GENERAL.—For purposes of this sec12 tion, the boundaries of a metropolitan planning area 

13 shall be determined by agreement between the appli14 cable metropolitan planning organization and the 

15 Governor of the State in which the metropolitan 

16 planning area is located. 

17 ‘‘(2) INCLUDED AREA.—Each metropolitan 

18 planning area— 

19 ‘‘(A) shall encompass at least the relevant 

20 existing urbanized area and any contiguous 

21 area expected to become urbanized within a 20- 

22 year forecast period under the applicable metro23 politan transportation plan; and 


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1 ‘‘(B) may encompass the entire relevant 

2 metropolitan statistical area, as defined by the 

3 Office of Management and Budget. 

4 ‘‘(3) IDENTIFICATION OF NEW URBANIZED

5 AREAS.—The designation by the Bureau of the Cen6 sus of a new urbanized area within the boundaries 

7 of an existing metropolitan planning area shall not 

8 require the redesignation of the relevant existing 

9 MPO. 

10 ‘‘(4) NONATTAINMENT AND MAINTENANCE

11 AREAS.— 

12 ‘‘(A) EXISTING METROPOLITAN PLANNING

13 AREAS.— 

14 ‘‘(i) IN GENERAL.—Except as pro15 vided in clause (ii), notwithstanding para16 graph (2), in the case of an urbanized area 

17 designated as a nonattainment area or 

18 maintenance area as of the date of enact19 ment of the MAP–21, the boundaries of 

20 the existing metropolitan planning area as 

21 of that date of enactment shall remain in 

22 force and effect. 

23 ‘‘(ii) EXCEPTION.—Notwithstanding 

24 clause (i), the boundaries of an existing 

25 metropolitan planning area described in 


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1 that clause may be adjusted by agreement 

2 of the applicable Governor and the affected 

3 metropolitan planning organizations in ac4 cordance with subsection (c)(5). 

5 ‘‘(B) NEW METROPOLITAN PLANNING

6 AREAS.—In the case of an urbanized area des7 ignated as a nonattainment area or mainte8 nance area after the date of enactment of the 

9 MAP–21, the boundaries of the applicable met10 ropolitan planning area— 

11 ‘‘(i) shall be established in accordance 

12 with subsection (c)(1); 

13 ‘‘(ii) shall encompass the areas de14 scribed in paragraph (2)(A); 

15 ‘‘(iii) may encompass the areas de16 scribed in paragraph (2)(B); and 

17 ‘‘(iv) may address any appropriate 

18 nonattainment area or maintenance area. 

19 ‘‘(e) REQUIREMENTS.— 

20 ‘‘(1) DEVELOPMENT OF PLANS AND TIPS.—To 

21 accomplish the policy objectives described in sub22 section (a), each metropolitan planning organization, 

23 in cooperation with the applicable State and public 

24 transportation operators, shall develop metropolitan 

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1 ment programs for metropolitan planning areas of 

2 the State through a performance-driven, outcome3 based approach to metropolitan transportation plan4 ning consistent with subsection (h)(2). 

5 ‘‘(2) CONTENTS.—The metropolitan transpor6 tation plans and transportation improvement pro7 grams for each metropolitan area shall provide for 

8 the development and integrated management and 

9 operation of transportation systems and facilities 

10 (including accessible pedestrian walkways, bicycle 

11 transportation facilities, and intermodal facilities 

12 that support intercity transportation) that will func13 tion as— 

14 ‘‘(A) an intermodal transportation system 

15 for the metropolitan planning area; and 

16 ‘‘(B) an integral part of an intermodal 

17 transportation system for the applicable State 

18 and the United States. 

19 ‘‘(3) PROCESS OF DEVELOPMENT.—The process 

20 for developing metropolitan transportation plans and 

21 transportation improvement programs shall— 

22 ‘‘(A) provide for consideration of all modes 

23 of transportation; and 

24 ‘‘(B) be continuing, cooperative, and com25 prehensive to the degree appropriate, based on 


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1 the complexity of the transportation needs to be 

2 addressed. 

3 ‘‘(4) TIERING.— 

4 ‘‘(A) TIER I MPOS.— 

5 ‘‘(i) IN GENERAL.—A metropolitan 

6 planning organization shall be designated 

7 as a tier I MPO if— 

8 ‘‘(I) as certified by the Governor 

9 of each applicable State, the metro10 politan planning organization operates 

11 within, and primarily serves, a metro12 politan planning area with a popu13 lation of 1,000,000 or more individ14 uals, as calculated according to the 

15 most recent decennial census; and 

16 ‘‘(II) the Secretary determines 

17 the metropolitan planning organiza18 tion— 

19 ‘‘(aa) meets the minimum 

20 technical requirements under 

21 clause (iv); and 

22 ‘‘(bb) not later than 2 years 

23 after the date of enactment of 

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1 ment the processes described in 

2 subsections (h) though (j). 

3 ‘‘(ii) ABSENCE OF DESIGNATION.—In 

4 the absence of designation as a tier I MPO 

5 under clause (i), a metropolitan planning 

6 organization shall operate as a tier II 

7 MPO until the date on which the Secretary 

8 determines the metropolitan planning orga9 nization can meet the minimum technical 

10 requirements under clause (iv). 

11 ‘‘(iii) REDESIGNATION AS TIER I.—A 

12 metropolitan planning organization oper13 ating within a metropolitan planning area 

14 with a population of less than 1,000,000, 

15 but more than 200,000, individuals and 

16 primarily within urbanized areas with pop17 ulations of more than 200,000 individuals, 

18 as calculated according to the most recent 

19 decennial census, that is designated as a 

20 tier II MPO under subparagraph (B) may 

21 request, with the support of the applicable 

22 Governor, a redesignation as a tier I MPO 

23 on a determination by the Secretary that 

24 the metropolitan planning organization has 


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1 met the minimum technical requirements 

2 under clause (iv). 

3 ‘‘(iv) MINIMUM TECHNICAL REQUIRE4 MENTS.—Not later than 1 year after the 

5 date of enactment of the MAP–21, the 

6 Secretary shall publish a regulation that 

7 establishes the minimum technical require8 ments necessary for a metropolitan plan9 ning organization to be designated as a 

10 tier I MPO, including, at a minimum, 

11 modeling, data, staffing, and other tech12 nical requirements. 

13 ‘‘(B) TIER II MPOS.— 

14 ‘‘(i) IN GENERAL.—Not later than 1 

15 year after the date of enactment of the 

16 MAP–21, the Secretary shall publish a 

17 regulation that establishes minimum re18 quirements necessary for a metropolitan 

19 planning organization to be designated as 

20 a tier II MPO. 

21 ‘‘(ii) REQUIREMENTS.—The minimum 

22 requirements established under clause (i) 

23 shall— 

24 ‘‘(I) ensure that each metropoli25 tan planning organization has the caVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 pabilities necessary to develop the 

2 metropolitan transportation plan and 

3 transportation improvement program 

4 under this section; and 

5 ‘‘(II) include— 

6 ‘‘(aa) only the staff re7 sources necessary to operate the 

8 metropolitan planning organiza9 tion; and 

10 ‘‘(bb) a requirement that the 

11 metropolitan planning organiza12 tion has the technical capacity to 

13 conduct the modeling necessary 

14 to fulfill the requirements of this 

15 section, except that in cases in 

16 which a metropolitan planning 

17 organization has a formal agree18 ment with a State to conduct the 

19 modeling on behalf of the metro20 politan planning organization, the 

21 metropolitan planning organiza22 tion shall be exempt from the 

23 technical capacity requirement. 

24 ‘‘(iii) INCLUSION.—A metropolitan 

25 planning organization operating primarily 


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1 within an urbanized area with a population 

2 of more than 200,000 individuals, as cal3 culated according to the most recent de4 cennial census, and that does not qualify 

5 as a tier I MPO under subparagraph 

6 (A)(i), shall— 

7 ‘‘(I) be designated as a tier II 

8 MPO; and 

9 ‘‘(II) follow the processes under 

10 subsection (k). 

11 ‘‘(C) SMALL URBANIZED AREAS.— 

12 ‘‘(i) IN GENERAL.—Not later than 2 

13 years after the date of publication of the 

14 regulation under subparagraph (B)(i), any 

15 existing MPO operating primarily within 

16 an urbanized area with a population of 

17 fewer than 200,000, but more than 

18 50,000, individuals (as determined before 

19 the date of enactment of the MAP–21), 

20 with the support of the applicable Gov21 ernor, may request designation as a tier II 

22 MPO on a determination by the Secretary 

23 that the metropolitan planning organiza24 tion has met the minimum requirements 

25 under subparagraph (B)(i). 


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1 ‘‘(ii) ABSENCE OF DESIGNATION.—A 

2 metropolitan planning organization that is 

3 the subject of a negative determination of 

4 the Secretary under clause (i) shall submit 

5 to the State in which the metropolitan 

6 planning organization is located, or to a 

7 planning organization designated by the 

8 State, by not later than 180 days after the 

9 date on which a notice of the negative de10 termination is received, a 6-month plan 

11 that includes a description of a method— 

12 ‘‘(I) to transfer the responsibil13 ities of the metropolitan planning or14 ganization to the State; and 

15 ‘‘(II) to dissolve the metropolitan 

16 planning organization. 

17 ‘‘(iii) ACTION ON DISSOLUTION.—On 

18 submission of a plan under clause (ii), the 

19 metropolitan planning area served by the 

20 applicable metropolitan planning organiza21 tion shall— 

22 ‘‘(I) continue to receive metro23 politan transportation planning funds 

24 until the earlier of— 


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1 ‘‘(aa) the date of dissolution 

2 of the metropolitan planning or3 ganization; and 

4 ‘‘(bb) the date that is 4 

5 years after the date of enactment 

6 of the MAP–21; and 

7 ‘‘(II) be treated by the State as 

8 a nonmetropolitan area for purposes 

9 of this title. 

10 ‘‘(D) CONSOLIDATION.— 

11 ‘‘(i) IN GENERAL.—Metropolitan plan12 ning organizations operating within contig13 uous or adjacent urbanized areas may elect 

14 to consolidate in order to meet the popu15 lation thresholds required to achieve des16 ignation as a tier I or tier II MPO under 

17 this paragraph. 

18 ‘‘(ii) EFFECT OF SUBSECTION.— 

19 Nothing in this subsection requires or pre20 vents consolidation among multiple metro21 politan planning organizations located 

22 within a single urbanized area. 

23 ‘‘(f) COORDINATION IN MULTISTATE AREAS.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall encour25 age each Governor with responsibility for a portion 


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1 of a multistate metropolitan area and the appro2 priate metropolitan planning organizations to pro3 vide coordinated transportation planning for the en4 tire metropolitan area. 

5 ‘‘(2) COORDINATION ALONG DESIGNATED

6 TRANSPORTATION CORRIDORS.—The Secretary shall 

7 encourage each Governor with responsibility for a 

8 portion of a multistate metropolitan area and the 

9 appropriate metropolitan planning organizations to 

10 provide coordinated transportation planning for the 

11 entire designated transportation corridor. 

12 ‘‘(3) COORDINATION WITH INTERSTATE COM13 PACTS.—The Secretary shall encourage metropolitan 

14 planning organizations to take into consideration, 

15 during the development of metropolitan transpor16 tation plans and transportation improvement pro17 grams, any relevant transportation studies con18 cerning planning for regional transportation (includ19 ing high-speed and intercity rail corridor studies, 

20 commuter rail corridor studies, intermodal termi21 nals, and interstate highways) in support of freight, 

22 intercity, or multistate area projects and services 

23 that have been developed pursuant to interstate com24 pacts or agreements, or by organizations established 

25 under section 135. 


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1 ‘‘(g) ENGAGEMENT IN METROPOLITAN TRANSPOR2 TATION PLAN AND TIP DEVELOPMENT.— 

3 ‘‘(1) NONATTAINMENT AND MAINTENANCE

4 AREAS.—If more than 1 metropolitan planning orga5 nization has authority within a metropolitan area, 

6 nonattainment area, or maintenance area, each met7 ropolitan planning organization shall consult with 

8 each other metropolitan planning organization des9 ignated for the metropolitan area, nonattainment 

10 area, or maintenance area and the State in the de11 velopment of metropolitan transportation plans and 

12 transportation improvement programs under this 

13 section. 

14 ‘‘(2) TRANSPORTATION IMPROVEMENTS LO15 CATED IN MULTIPLE METROPOLITAN PLANNING

16 AREAS.—If a transportation improvement project 

17 funded under this title or chapter 53 of title 49 is 

18 located within the boundaries of more than 1 metro19 politan planning area, the affected metropolitan 

20 planning organizations shall coordinate metropolitan 

21 transportation plans and transportation improve22 ment programs regarding the project. 

23 ‘‘(3) COORDINATION OF ADJACENT PLANNING

24 ORGANIZATIONS.— 


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1 ‘‘(A) IN GENERAL.—A metropolitan plan2 ning organization that is adjacent or located in 

3 reasonably close proximity to another metropoli4 tan planning organization shall coordinate with 

5 that metropolitan planning organization with 

6 respect to planning processes, including prepa7 ration of metropolitan transportation plans and 

8 transportation improvement programs, to the 

9 maximum extent practicable. 

10 ‘‘(B) NONMETROPOLITAN PLANNING ORGA11 NIZATIONS.—A metropolitan planning organiza12 tion that is adjacent or located in reasonably 

13 close proximity to a nonmetropolitan planning 

14 organization shall consult with that nonmetro15 politan planning organization with respect to 

16 planning processes, to the maximum extent 

17 practicable. 

18 ‘‘(4) RELATIONSHIP WITH OTHER PLANNING

19 OFFICIALS.— 

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

21 encourage each metropolitan planning organiza22 tion to cooperate with Federal, tribal, State, 

23 and local officers and entities responsible for 

24 other types of planning activities that are af25 fected by transportation in the relevant area 


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1 (including planned growth, economic develop2 ment, infrastructure services, housing, other 

3 public services, environmental protection, air4 port operations, high-speed and intercity pas5 senger rail, freight rail, port access, and freight 

6 movements), to the maximum extent prac7 ticable, to ensure that the metropolitan trans8 portation planning process, metropolitan trans9 portation plans, and transportation improve10 ment programs are developed in cooperation 

11 with other related planning activities in the 

12 area. 

13 ‘‘(B) INCLUSION.—Cooperation under sub14 paragraph (A) shall include the design and de15 livery of transportation services within the met16 ropolitan area that are provided by— 

17 ‘‘(i) recipients of assistance under sec18 tions 202, 203, and 204; 

19 ‘‘(ii) recipients of assistance under 

20 chapter 53 of title 49; 

21 ‘‘(iii) government agencies and non22 profit organizations (including representa23 tives of the agencies and organizations) 

24 that receive Federal assistance from a 

25 source other than the Department of 


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1 Transportation to provide nonemergency 

2 transportation services; and 

3 ‘‘(iv) sponsors of regionally significant 

4 programs, projects, and services that are 

5 related to transportation and receive as6 sistance from any public or private source. 

7 ‘‘(5) COORDINATION OF OTHER FEDERALLY RE8 QUIRED PLANNING PROGRAMS.—The Secretary shall 

9 encourage each metropolitan planning organization 

10 to coordinate, to the maximum extent practicable, 

11 the development of metropolitan transportation 

12 plans and transportation improvement programs 

13 with other relevant federally required planning pro14 grams. 

15 ‘‘(h) SCOPE OF PLANNING PROCESS.— 

16 ‘‘(1) IN GENERAL.—The metropolitan transpor17 tation planning process for a metropolitan planning 

18 area under this section shall provide for consider19 ation of projects and strategies that will— 

20 ‘‘(A) support the economic vitality of the 

21 metropolitan area, especially by enabling global 

22 competitiveness, productivity, and efficiency; 

23 ‘‘(B) increase the safety of the transpor24 tation system for motorized and nonmotorized 

25 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), where applicable, and 

9 167(i) to use in tracking attainment of 

10 critical outcomes for the region of the met11 ropolitan planning organization. 

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), where 

23 applicable, and 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 described in other State plans 

6 and processes required as part of a perform7 ance-based program, 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 plan, where 

14 applicable; 

15 ‘‘(iv) the national freight strategic 

16 plan; and 

17 ‘‘(v) the statewide transportation 

18 plan. 

19 ‘‘(E) USE OF PERFORMANCE MEASURES

20 AND TARGETS.—The performance measures 

21 and targets established under this paragraph 

22 shall be used, at a minimum, by the relevant 

23 metropolitan planning organization as the basis 

24 for development of policies, programs, and in25 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 ‘‘(3) SCENARIO DEVELOPMENT.— 

10 ‘‘(A) IN GENERAL.—When preparing the 

11 metropolitan transportation plan, the metropoli12 tan planning organization may, while fitting the 

13 needs and complexity of its community, develop 

14 multiple scenarios for consideration as a part of 

15 the development of the metropolitan transpor16 tation plan, in accordance with subparagraph 

17 (B). 

18 ‘‘(B) COMPONENTS OF SCENARIOS.—The 

19 scenarios— 

20 ‘‘(i) shall include potential regional in21 vestment strategies for the planning horizon; 

22 ‘‘(ii) shall include an assumed dis23 tribution of population and employment; 

24 ‘‘(iii) may include a scenario that, to 

25 the maximum extent practicable, maintains 


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1 baseline conditions for the performance 

2 measures identified in subsection (h)(2); 

3 ‘‘(iv) may include a scenario that im4 proves the baseline conditions for as many 

5 of the performance measures under sub6 section (h)(2) as possible; 

7 ‘‘(v) shall be revenue constrained based 

8 on the total revenues expected to be avail9 able over the forecast period of the plan; 

10 and 

11 ‘‘(vi) may include estimated costs and 

12 potential revenues available to support each 

13 scenario. 

14 ‘‘(C) METRICS.—In addition to the per15 formance measures identified in subsection 

16 (h)(2), scenarios developed under this paragraph 

17 may be evaluated using locally-developed metrics 

18 for the following categories: 

19 ‘‘(i) Congestion and mobility, includ20 ing transportation use by mode. 

21 ‘‘(ii) Freight movement. 

22 ‘‘(iii) Safety. 

23 ‘‘(iv) Efficiency and costs to taxpayers. 

24 ‘‘(4) FINANCIAL PLAN.—A financial plan re25 ferred to in paragraph (2)(C)(vii) shall— 


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1 ‘‘(A) be prepared by each metropolitan 

2 planning organization to support the metropoli3 tan transportation plan; and 

4 ‘‘(B) contain a description of each of the 

5 following: 

6 ‘‘(i) Projected resource requirements 

7 for implementing projects, strategies, and 

8 services recommended in the metropolitan 

9 transportation plan, including existing and 

10 projected system operating and mainte11 nance needs, proposed enhancement and 

12 expansions to the system, projected avail13 able revenue from Federal, State, local, 

14 and private sources, and innovative financ15 ing techniques to finance projects and pro16 grams. 

17 ‘‘(ii) The projected difference between 

18 costs and revenues, and strategies for se19 curing additional new revenue (such as by 

20 capture of some of the economic value cre21 ated by any new investment). 

22 ‘‘(iii) Estimates of future funds, to be 

23 developed cooperatively by the metropolitan 

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1 sonably expected to be available to support 

2 the investment priorities recommended in 

3 the metropolitan transportation plan. 

4 ‘‘(iv) Each applicable project only if 

5 full funding can reasonably be anticipated 

6 to be available for the project within the 

7 time period contemplated for completion of 

8 the project. 

9 ‘‘(5) COORDINATION WITH CLEAN AIR ACT

10 AGENCIES.—The metropolitan planning organization 

11 for any metropolitan area that is a nonattainment 

12 area or maintenance area shall coordinate the devel13 opment of a transportation plan with the process for 

14 development of the transportation control measures 

15 of the State implementation plan required by the 

16 Clean Air Act (42 U.S.C. 7401 et seq.). 

17 ‘‘(6) PUBLICATION.—On approval by the rel18 evant metropolitan planning organization, a metro19 politan transportation plan involving Federal partici20 pation shall be, at such times and in such manner 

21 as the Secretary shall require— 

22 ‘‘(A) published or otherwise made readily 

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1 sible formats and means, such as the Internet; 

2 and 

3 ‘‘(B) submitted for informational purposes 

4 to the applicable Governor. 

5 ‘‘(7) CONSULTATION.— 

6 ‘‘(A) IN GENERAL.—In each metropolitan 

7 area, the metropolitan planning organization 

8 shall consult, as appropriate, with Federal, trib9 al, State, and local agencies responsible for land 

10 use management, natural resources, environ11 mental protection, conservation, and historic 

12 preservation concerning the development of a 

13 metropolitan transportation plan. 

14 ‘‘(B) ISSUES.—The consultation under 

15 subparagraph (A) shall involve, as available, 

16 consideration of— 

17 ‘‘(i) metropolitan transportation plans 

18 with Federal, tribal, State, and local con19 servation plans or maps; and 

20 ‘‘(ii) inventories of natural or historic 

21 resources. 

22 ‘‘(8) SELECTION OF PROJECTS FROM ILLUS23 TRATIVE LIST.—Notwithstanding paragraph (4), a 

24 State or metropolitan planning organization shall 

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1 trative list of additional projects included in the met2 ropolitan transportation plan under paragraph 

3 (2)(C)(ix). 

4 ‘‘(j) TRANSPORTATION IMPROVEMENT PROGRAM.— 

5 ‘‘(1) DEVELOPMENT.— 

6 ‘‘(A) IN GENERAL.—In cooperation with 

7 the applicable State and any affected public 

8 transportation operator, the metropolitan plan9 ning organization designated for a metropolitan 

10 area shall develop a transportation improvement 

11 program for the metropolitan planning area 

12 that— 

13 ‘‘(i) contains projects consistent with 

14 the current metropolitan transportation 

15 plan; 

16 ‘‘(ii) reflects the investment priorities 

17 established in the current metropolitan 

18 transportation plan; and 

19 ‘‘(iii) once implemented, will make sig20 nificant progress toward achieving the tar21 gets established under subsection (h)(2). 

22 ‘‘(B) OPPORTUNITY FOR PARTICIPA23 TION.—In developing the transportation im24 provement program, the metropolitan planning 

25 organization, in cooperation with the State and 


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1 any affected public transportation operator, 

2 shall provide an opportunity for participation by 

3 interested parties, in accordance with sub4 section (h)(4). 

5 ‘‘(C) UPDATING AND APPROVAL.—The 

6 transportation improvement program shall be— 

7 ‘‘(i) updated not less frequently than 

8 once every 4 years, on a cycle compatible 

9 with the development of the relevant state10 wide transportation improvement program 

11 under section 135; and 

12 ‘‘(ii) approved by the applicable Gov13 ernor. 

14 ‘‘(2) CONTENTS.— 

15 ‘‘(A) PRIORITY LIST.—The transportation 

16 improvement program shall include a priority 

17 list of proposed federally supported projects and 

18 strategies to be carried out during the 4-year 

19 period beginning on the date of adoption of the 

20 transportation improvement program, and each 

21 4-year period thereafter, using existing and rea22 sonably available revenues in accordance with 

23 the financial plan under paragraph (3). 

24 ‘‘(B) DESCRIPTIONS.—Each project de25 scribed in the transportation improvement proVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 gram shall include sufficient descriptive mate2 rial (such as type of work, termini, length, and 

3 other similar factors) to identify the project or 

4 phase of the project and the effect that the 

5 project or project phase will have in addressing 

6 the targets described in subsection (h)(2). 

7 ‘‘(C) PERFORMANCE TARGET ACHIEVE8 MENT.—The transportation improvement pro9 gram shall include, to the maximum extent 

10 practicable, a description of the anticipated ef11 fect of the transportation improvement program 

12 on attainment of the performance targets estab13 lished in the metropolitan transportation plan, 

14 linking investment priorities to those perform15 ance targets. 

16 ‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.— 

17 In developing a transportation improvement 

18 program, an optional illustrative list of projects 

19 may be prepared containing additional invest20 ment priorities that— 

21 ‘‘(i) are not included in the transpor22 tation 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)(D)(ii) shall— 

5 ‘‘(A) be prepared by each metropolitan 

6 planning organization to support the transpor7 tation improvement program; 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 transpor13 tation improvement program, including ex14 isting and projected system operating and 

15 maintenance needs, proposed enhancement 

16 and expansions to the system, projected 

17 available revenue from Federal, State, 

18 local, and private sources, and innovative 

19 financing techniques to finance projects 

20 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 metropolitan 

3 planning organization, any public transpor4 tation agency, and the State, that are rea5 sonably expected to be available to support 

6 the investment priorities recommended in 

7 the transportation improvement program. 

8 ‘‘(iv) Each applicable project, only if 

9 full funding can reasonably be anticipated 

10 to be available for the project within the 

11 time period contemplated for completion of 

12 the project. 

13 ‘‘(4) INCLUDED PROJECTS.— 

14 ‘‘(A) PROJECTS UNDER THIS TITLE AND

15 CHAPTER 53 OF TITLE 49.—A transportation 

16 improvement program developed under this sub17 section for a metropolitan area shall include a 

18 description of the projects within the area that 

19 are proposed for funding under chapter 1 of 

20 this title and chapter 53 of title 49. 

21 ‘‘(B) PROJECTS UNDER CHAPTER 2.— 

22 ‘‘(i) REGIONALLY SIGNIFICANT.— 

23 Each regionally significant project pro24 posed for funding under chapter 2 shall be 


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1 identified individually in the transportation 

2 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 transportation im9 provement program. 

10 ‘‘(5) OPPORTUNITY FOR PARTICIPATION.—Be11 fore approving a transportation improvement pro12 gram, a metropolitan planning organization, in co13 operation with the State and any affected public 

14 transportation operator, shall provide an opportunity 

15 for participation by interested parties in the develop16 ment of the transportation improvement program, in 

17 accordance with subsection (h)(4). 

18 ‘‘(6) SELECTION OF PROJECTS.— 

19 ‘‘(A) IN GENERAL.—Each tier I MPO and 

20 tier II MPO shall select projects carried out 

21 within the boundaries of the applicable metro22 politan planning area from the transportation 

23 improvement program, in consultation with the 

24 relevant State and on concurrence of the af25 fected facility owner, for funds apportioned to 


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1 the State under section 104(b)(2) and suballo2 cated to the metropolitan planning area under 

3 section 133(d). 

4 ‘‘(B) CMAQ PROJECTS.—Each tier I MPO 

5 shall select projects carried out within the 

6 boundaries of the applicable metropolitan plan7 ning area from the transportation improvement 

8 program, in consultation with the relevant State 

9 and on concurrence of the affected facility 

10 owner, for funds apportioned to the State under 

11 section 104(b)(4) and suballocated to the met12 ropolitan planning area under section 149(j). 

13 ‘‘(C) MODIFICATIONS TO PROJECT PRI14 ORITY.—Notwithstanding any other provision of 

15 law, approval by the Secretary shall not be re16 quired to carry out a project included in a 

17 transportation improvement program in place of 

18 another project in the transportation improve19 ment program. 

20 ‘‘(7) PUBLICATION.— 

21 ‘‘(A) IN GENERAL.—A transportation im22 provement program shall be published or other23 wise made readily available by the applicable 

24 metropolitan planning organization for public 


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1 review in electronically accessible formats and 

2 means, such as the Internet. 

3 ‘‘(B) ANNUAL LIST OF PROJECTS.—An an4 nual list of projects, including investments in 

5 pedestrian walkways, bicycle transportation fa6 cilities, and intermodal facilities that support 

7 intercity transportation, for which Federal 

8 funds have been obligated during the preceding 

9 fiscal year shall be published or otherwise made 

10 available by the cooperative effort of the State, 

11 transit operator, and metropolitan planning or12 ganization in electronically accessible formats 

13 and means, such as the Internet, in a manner 

14 that is consistent with the categories identified 

15 in the relevant transportation improvement pro16 gram. 

17 ‘‘(k) PLANNING REQUIREMENTS FOR TIER II 

18 MPOS.— 

19 ‘‘(1) IN GENERAL.—The Secretary may provide 

20 for the performance-based development of a metro21 politan transportation plan and transportation im22 provement program for the metropolitan planning 

23 area of a tier II MPO, as the Secretary determines 

24 to be appropriate, taking into account— 


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1 ‘‘(A) the complexity of transportation 

2 needs in the area; and 

3 ‘‘(B) the technical capacity of the metro4 politan planning organization. 

5 ‘‘(2) EVALUATION OF PERFORMANCE-BASED

6 PLANNING.—In reviewing a tier II MPO under sub7 section (m), the Secretary shall take into consider8 ation the effectiveness of the tier II MPO in imple9 menting and maintaining a performance-based plan10 ning process that— 

11 ‘‘(A) addresses the targets described in 

12 subsection (h)(2); and 

13 ‘‘(B) demonstrates progress on the 

14 achievement of those targets. 

15 ‘‘(l) CERTIFICATION.— 

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

17 ‘‘(A) ensure that the metropolitan trans18 portation planning process of a metropolitan 

19 planning organization is being carried out in ac20 cordance with applicable Federal law; and 

21 ‘‘(B) subject to paragraph (2), certify, not 

22 less frequently than once every 4 years, that the 

23 requirements of subparagraph (A) are met with 

24 respect to the metropolitan transportation plan25 ning process. 


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1 ‘‘(2) REQUIREMENTS FOR CERTIFICATION.— 

2 The Secretary may make a certification under para3 graph (1)(B) if— 

4 ‘‘(A) the metropolitan transportation plan5 ning process complies with the requirements of 

6 this section and other applicable Federal law; 

7 and 

8 ‘‘(B) a transportation improvement pro9 gram for the metropolitan planning area has 

10 been approved by the relevant metropolitan 

11 planning organization and Governor. 

12 ‘‘(3) DELEGATION OF AUTHORITY.—The Sec13 retary may— 

14 ‘‘(A) delegate to the appropriate State 

15 fact-finding authority regarding the certification 

16 of a tier II MPO under this subsection; and 

17 ‘‘(B) make the certification under para18 graph (1) in consultation with the State. 

19 ‘‘(4) EFFECT OF FAILURE TO CERTIFY.— 

20 ‘‘(A) WITHHOLDING OF PROJECT

21 FUNDS.—If a metropolitan transportation plan22 ning process of a metropolitan planning organi23 zation is not certified under paragraph (1), the 

24 Secretary may withhold up to 20 percent of the 

25 funds attributable to the metropolitan planning 


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1 area of the metropolitan planning organization 

2 for projects funded under this title and chapter 

3 53 of title 49. 

4 ‘‘(B) RESTORATION OF WITHHELD

5 FUNDS.—Any funds withheld under subpara6 graph (A) shall be restored to the metropolitan 

7 planning area on the date of certification of the 

8 metropolitan transportation planning process by 

9 the Secretary. 

10 ‘‘(5) PUBLIC INVOLVEMENT.—In making a de11 termination regarding certification under this sub12 section, the Secretary shall provide for public in13 volvement appropriate to the metropolitan planning 

14 area under review. 

15 ‘‘(m) PERFORMANCE-BASED PLANNING PROCESSES

16 EVALUATION.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall estab18 lish criteria to evaluate the effectiveness of the per19 formance-based planning processes of metropolitan 

20 planning organizations under this section, taking 

21 into consideration the following: 

22 ‘‘(A) The extent to which the metropolitan 

23 planning organization has achieved, or is cur24 rently making substantial progress toward 

25 achieving, the targets specified in subsection 


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1 (h)(2), taking into account whether the metro2 politan planning organization developed mean3 ingful performance targets. 

4 ‘‘(B) The extent to which the metropolitan 

5 planning organization has used proven best 

6 practices that help ensure transportation invest7 ment that is efficient and cost-effective. 

8 ‘‘(C) The extent to which the metropolitan 

9 planning organization— 

10 ‘‘(i) has developed an investment proc11 ess that relies on public input and aware12 ness to ensure that investments are trans13 parent and accountable; and 

14 ‘‘(ii) provides regular reports allowing 

15 the public to access the information being 

16 collected in a format that allows the public 

17 to meaningfully assess the performance of 

18 the metropolitan planning organization. 

19 ‘‘(2) REPORT.— 

20 ‘‘(A) IN GENERAL.—Not later than 5 years 

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

22 Secretary shall submit to Congress a report 

23 evaluating— 


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1 ‘‘(i) the overall effectiveness of per2 formance-based planning as a tool for 

3 guiding transportation investments; and 

4 ‘‘(ii) the effectiveness of the perform5 ance-based planning process of each metro6 politan planning organization under this 

7 section. 

8 ‘‘(B) PUBLICATION.—The report under 

9 subparagraph (A) shall be published or other10 wise made available in electronically accessible 

11 formats and means, including on the Internet. 

12 ‘‘(n) ADDITIONAL REQUIREMENTS FOR CERTAIN

13 NONATTAINMENT AREAS.— 

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

15 provision of this title or chapter 53 of title 49, Fed16 eral funds may not be advanced in any metropolitan 

17 planning area classified as a nonattainment area or 

18 maintenance area for any highway project that will 

19 result in a significant increase in the carrying capac20 ity for single-occupant vehicles, unless the owner or 

21 operator of the project demonstrates that the project 

22 will achieve or make substantial progress toward 

23 achieving the targets described in subsection (h)(2). 

24 ‘‘(2) APPLICABILITY.—This subsection applies 

25 to any nonattainment area or maintenance area 


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1 within the boundaries of a metropolitan planning 

2 area, as determined under subsection (c). 

3 ‘‘(o) EFFECT OF SECTION.—Nothing in this section 

4 provides to any metropolitan planning organization the 

5 authority to impose any legal requirement on any trans6 portation facility, provider, or project not subject to the 

7 requirements of this title or chapter 53 of title 49. 

8 ‘‘(p) FUNDING.—Funds apportioned under section 

9 104(b)(6) of this title and set aside under section 5305(g) 

10 of title 49 shall be available to carry out this section. 

11 ‘‘(q) CONTINUATION OF CURRENT REVIEW PRAC12 TICE.— 

13 ‘‘(1) IN GENERAL.—In consideration of the fac14 tors described in paragraph (2), any decision by the 

15 Secretary concerning a metropolitan transportation 

16 plan or transportation improvement program shall 

17 not be considered to be a Federal action subject to 

18 review under the National Environmental Policy Act 

19 of 1969 (42 U.S.C. 4321 et seq.). 

20 ‘‘(2) DESCRIPTION OF FACTORS.—The factors 

21 referred to in paragraph (1) are that— 

22 ‘‘(A) metropolitan transportation plans and 

23 transportation improvement programs are sub24 ject to a reasonable opportunity for public com25 ment; 


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1 ‘‘(B) the projects included in metropolitan 

2 transportation plans and transportation im3 provement programs are subject to review 

4 under the National Environmental Policy Act of 

5 1969 (42 U.S.C. 4321 et seq.); and 

6 ‘‘(C) decisions by the Secretary concerning 

7 metropolitan transportation plans and transpor8 tation improvement programs have not been re9 viewed under the National Environmental Pol10 icy Act of 1969 (42 U.S.C. 4321 et seq.) as of 

11 January 1, 1997. 

12 ‘‘(r) SCHEDULE FOR IMPLEMENTATION.—The Sec13 retary shall issue guidance on a schedule for implementa14 tion of the changes made by this section, taking into consid15 eration the established planning update cycle for metropoli16 tan planning organizations. The Secretary shall not require 

17 a metropolitan planning organization to deviate from its 

18 established planning update cycle to implement changes 

19 made by this section. Metropolitan planning organizations 

20 shall reflect changes made to their transportation plan or 

21 transportation improvement program updates by 2 years 

22 after the date of issuance of guidance by the Secretary.’’. 


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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 consult with local officials 


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1 in small urbanized and nonurbanized areas of 

2 the State in preparing the nonmetropolitan por3 tions of statewide transportation plans and 

4 statewide transportation improvement pro5 grams. 

6 ‘‘(2) CONTENTS.—The statewide transportation 

7 plan and statewide transportation improvement pro8 gram developed for each State shall provide for the 

9 development and integrated management and oper10 ation of transportation systems and facilities (includ11 ing accessible pedestrian walkways, bicycle transpor12 tation facilities, and intermodal facilities that sup13 port intercity transportation) that will function as— 

14 ‘‘(A) an intermodal transportation system 

15 for the State; and 

16 ‘‘(B) an integral part of an intermodal 

17 transportation system for the United States. 

18 ‘‘(3) PROCESS.—The process for developing the 

19 statewide transportation plan and statewide trans20 portation improvement program shall— 

21 ‘‘(A) provide for consideration of all modes 

22 of transportation; and 

23 ‘‘(B) be continuing, cooperative, and com24 prehensive to the degree appropriate, based on 


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1 the complexity of the transportation needs to be 

2 addressed. 

3 ‘‘(b) COORDINATION.— 

4 ‘‘(1) IN GENERAL.—Each State shall— 

5 ‘‘(A) coordinate planning carried out under 

6 this section with— 

7 ‘‘(i) the transportation planning ac8 tivities carried out under section 134 for 

9 metropolitan areas of the State; and 

10 ‘‘(ii) statewide trade and economic de11 velopment planning activities and related 

12 multistate planning efforts; 

13 ‘‘(B) coordinate planning carried out under 

14 this section with the transportation planning 

15 activities carried out by each nonmetropolitan 

16 planning organization in the State, as applica17 ble; and 

18 ‘‘(C) develop the transportation portion of 

19 the State implementation plan as required by 

20 the Clean Air Act (42 U.S.C. 7401 et seq.). 

21 ‘‘(b) COORDINATION AND CONSULTATION.— 

22 ‘‘(1) IN GENERAL.—Each State shall— 

23 ‘‘(A) coordinate planning carried out under 

24 this section with— 


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1 ‘‘(i) the transportation planning ac2 tivities carried out under section 134 for 

3 metropolitan areas of the State; and 

4 ‘‘(ii) statewide trade and economic de5 velopment planning activities and related 

6 multistate planning efforts; 

7 ‘‘(B) coordinate planning carried out under 

8 this section with the transportation planning ac9 tivities carried out by each nonmetropolitan 

10 planning organization in the State, as applica11 ble; 

12 ‘‘(C) consult on planning carried out under 

13 this section with the transportation planning ac14 tivities carried out by each rural planning orga15 nization in the State, as applicable; and 

16 ‘‘(D) 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 

24 organizations to provide coordinated transporVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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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.— 

23 ‘‘(1) IN GENERAL.—The statewide transpor24 tation planning process for a State under this secVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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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; and 

11 ‘‘(iii) the congestion mitigation and 

12 air quality performance plan; and 

13 ‘‘(iv)(iii) 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 consultation with affected nonmetro2 politan local officials with responsibility for transpor3 tation. 

4 ‘‘(3) INDIAN TRIBAL AREAS.—With respect to 

5 each area of a State under the jurisdiction of an In6 dian tribe, the statewide transportation plan and 

7 statewide transportation improvement program of 

8 the State shall be developed in consultation with— 

9 ‘‘(A) the tribal government; and 

10 ‘‘(B) the Secretary of the Interior. 

11 ‘‘(4) FEDERAL LAND MANAGEMENT AGEN12 CIES.—With respect to each area of a State under 

13 the jurisdiction of a Federal land management agen14 cy, the statewide transportation plan and statewide 

15 transportation improvement program of the State 

16 shall be developed in consultation with the relevant 

17 Federal land management agency. 

18 ‘‘(5) CONSULTATION, COMPARISON, AND CON19 SIDERATION.— 

20 ‘‘(A) IN GENERAL.—A statewide transpor21 tation plan shall be developed, as appropriate, 

22 in consultation with Federal, tribal, State, and 

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1 ting, environmental protection, conservation, 

2 and historic preservation. 

3 ‘‘(B) COMPARISON AND CONSIDERATION.— 

4 Consultation under subparagraph (A) shall in5 volve the comparison of statewide transpor6 tation plans to, as available— 

7 ‘‘(i) Federal, tribal, State, and local 

8 conservation plans or maps; and 

9 ‘‘(ii) inventories of natural or historic 

10 resources. 

11 ‘‘(f) STATEWIDE TRANSPORTATION PLAN.— 

12 ‘‘(1) DEVELOPMENT.— 

13 ‘‘(A) IN GENERAL.—Each State shall de14 velop a statewide transportation plan, the fore15 cast period of which shall be not less than 20 

16 years for all areas of the State, that provides 

17 for the development and implementation of the 

18 intermodal transportation system of the State. 

19 ‘‘(B) INITIAL PERIOD.—A statewide trans20 portation plan shall include, at a minimum, for 

21 the first 10-year period of the statewide trans22 portation plan, the identification of existing and 

23 future transportation facilities that will function 

24 as an integrated statewide transportation sys25 tem, giving emphasis to those facilities that 


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1 serve important national, statewide, and re2 gional transportation functions. 

3 ‘‘(C) SUBSEQUENT PERIOD.—For the sec4 ond 10-year period of the statewide transpor5 tation plan (referred to in this subsection as the 

6 ‘outer years period’), a statewide transportation 

7 plan— 

8 ‘‘(i) may include identification of fu9 ture transportation facilities; and 

10 ‘‘(ii) shall describe the policies and 

11 strategies that provide for the development 

12 and implementation of the intermodal 

13 transportation system of the State. 

14 ‘‘(D) OTHER REQUIREMENTS.—A state15 wide transportation plan shall— 

16 ‘‘(i) include, for the 20-year period 

17 covered by the statewide transportation 

18 plan, a description of— 

19 ‘‘(I) the projected aggregate cost 

20 of projects anticipated by a State to 

21 be implemented; and 

22 ‘‘(II) the revenues necessary to 

23 support the projects; 


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1 ‘‘(ii) include, in such form as the Sec2 retary determines to be appropriate, a de3 scription of— 

4 ‘‘(I) the existing transportation 

5 infrastructure, including an identifica6 tion of highways, local streets and 

7 roads, bicycle and pedestrian facilities, 

8 transit facilities and services, com9 muter rail facilities and services, high10 speed and intercity passenger rail fa11 cilities and services, freight facilities 

12 (including freight railroad and port 

13 facilities), multimodal and intermodal 

14 facilities, and intermodal connectors 

15 that, evaluated in the aggregate, func16 tion as an integrated transportation 

17 system; 

18 ‘‘(II) the performance measures 

19 and performance targets used in as20 sessing the existing and future per21 formance of the transportation system 

22 described in subsection (d)(2); 

23 ‘‘(III) the current and projected 

24 future usage of the transportation 

25 system, including, to the maximum 


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1 extent practicable, an identification of 

2 existing or planned transportation 

3 rights-of-way, corridors, facilities, and 

4 related real properties; 

5 ‘‘(IV) a system performance re6 port evaluating the existing and fu7 ture condition and performance of the 

8 transportation system with respect to 

9 the performance targets described in 

10 subsection (d)(2) and updates to sub11 sequent system performance reports, 

12 including— 

13 ‘‘(aa) progress achieved by 

14 the State in meeting performance 

15 targets, as compared to system 

16 performance recorded in previous 

17 reports; and 

18 ‘‘(bb) an accounting of the 

19 performance by the State on out20 lay of obligated project funds and 

21 delivery of projects that have 

22 reached substantial completion, 

23 in relation to the projects cur24 rently on the statewide transpor25 tation improvement program and 


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1 those projects that have been re2 moved from the previous state3 wide transportation improvement 

4 program; 

5 ‘‘(V) recommended strategies and 

6 investments for improving system per7 formance over the planning horizon, 

8 including transportation systems man9 agement and operations strategies, 

10 maintenance strategies, demand man11 agement strategies, asset management 

12 strategies, capacity and enhancement 

13 investments, land use improvements, 

14 intelligent transportation systems de15 ployment and technology adoption 

16 strategies as determined by the pro17 jected support of targets described in 

18 subsection (d)(2); 

19 ‘‘(VI) recommended strategies 

20 and investments to improve and inte21 grate disability-related access to 

22 transportation infrastructure; 

23 ‘‘(VII) investment priorities for 

24 using projected available and proposed 

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1 term stages of the planning horizon, 

2 in accordance with the financial plan 

3 required under paragraph (2); 

4 ‘‘(VIII) a description of inter5 state compacts entered into in order 

6 to promote coordinated transportation 

7 planning in multistate areas, if appli8 cable; 

9 ‘‘(IX) an optional illustrative list 

10 of projects containing investments 

11 that— 

12 ‘‘(aa) are not included in the 

13 statewide transportation plan; 

14 but 

15 ‘‘(bb) would be so included if 

16 resources in addition to the re17 sources identified in the financial 

18 plan under paragraph (2) were 

19 available; 

20 ‘‘(X) a discussion (developed in 

21 consultation with Federal, State, and 

22 tribal wildlife, land management, and 

23 regulatory agencies) of types of poten24 tial environmental and stormwater 

25 mitigation activities and potential 


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1 areas to carry out those activities, in2 cluding activities that may have the 

3 greatest potential to restore and 

4 maintain the environmental functions 

5 affected by the statewide transpor6 tation plan; and 

7 ‘‘(XI) recommended strategies 

8 and investments, including those de9 veloped by the State as part of inter10 state compacts, agreements, or orga11 nizations, that support intercity trans12 portation; and 

13 ‘‘(iii) be updated by the State not less 

14 frequently than once every 5 years. 

15 ‘‘(2) FINANCIAL PLAN.—A financial plan re16 ferred to in paragraph (1)(D)(ii)(VII) shall— 

17 ‘‘(A) be prepared by each State to support 

18 the statewide transportation plan; and 

19 ‘‘(B) contain a description of each of the 

20 following: 

21 ‘‘(i) Projected resource requirements 

22 during the 20-year planning horizon for 

23 implementing projects, strategies, and 

24 services recommended in the statewide 

25 transportation plan, including existing and 


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1 projected system operating and mainte2 nance needs, proposed enhancement and 

3 expansions to the system, projected avail4 able revenue from Federal, State, local, 

5 and private sources, and innovative financ6 ing techniques to finance projects and pro7 grams. 

8 ‘‘(ii) The projected difference between 

9 costs and revenues, and strategies for se10 curing additional new revenue (such as by 

11 capture of some of the economic value cre12 ated by any new investment). 

13 ‘‘(iii) Estimates of future funds, to be 

14 developed cooperatively by the State, any 

15 public transportation agency, and relevant 

16 metropolitan planning organizations, that 

17 are reasonably expected to be available to 

18 support the investment priorities rec19 ommended in the statewide transportation 

20 plan. 

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 ‘‘(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 ‘‘(6) USE OF POLICY PLANS.—Notwithstanding 

6 any other provision of this section, a State that has 

7 in effect, as of the date of enactment of the MAP-21, 

8 a statewide transportation plan that follows a policy 

9 plan approach— 

10 ‘‘(A) may, for 4 years after the date of en11 actment of the MAP–21, continue to use a policy 

12 plan approach to the statewide transportation 

13 plan; and 

14 ‘‘(B) shall be subject to the requirements of 

15 this subsection only to the extent that such re16 quirements were applicable under this section (as 

17 in effect on the day before the date of enactment 

18 of the MAP-21). 

19 ‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT

20 PROGRAMS.— 

21 ‘‘(1) DEVELOPMENT.— 

22 ‘‘(A) IN GENERAL.—In cooperation con23 sultation with nonmetropolitan officials with re24 sponsibility for transportation and affected pub25 lic transportation operators, the State shall deVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00339 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 velop a statewide transportation improvement 

2 program for the State that— 

3 ‘‘(i) includes projects consistent with 

4 the statewide transportation plan; 

5 ‘‘(ii) reflects the investment priorities 

6 established in the statewide transportation 

7 plan; and 

8 ‘‘(iii) once implemented, makes sig9 nificant progress toward achieving the tar10 gets described in subsection (d)(2). 

11 ‘‘(B) OPPORTUNITY FOR PARTICIPA12 TION.—In developing a statewide transportation 

13 improvement program, the State, in cooperation 

14 with affected public transportation operators, 

15 shall provide an opportunity for participation by 

16 interested parties in the development of the 

17 statewide transportation improvement program, 

18 in accordance with subsection (e). 

19 ‘‘(C) OTHER REQUIREMENTS.— 

20 ‘‘(i) IN GENERAL.—A statewide trans21 portation improvement program shall— 

22 ‘‘(I) cover a period of not less 

23 than 4 years; and 

24 ‘‘(II) be updated not less fre25 quently than once every 4 years, or 


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1 more frequently, as the Governor de2 termines to be appropriate. 

3 ‘‘(ii) INCORPORATION OF TIPS.—A 

4 statewide transportation improvement pro5 gram shall incorporate any relevant trans6 portation improvement program developed 

7 by a metropolitan planning organization 

8 under section 134, without change. 

9 ‘‘(iii) PROJECTS.—Each project in10 cluded in a statewide transportation im11 provement program shall be— 

12 ‘‘(I) consistent with the statewide 

13 transportation plan developed under 

14 this section for the State; 

15 ‘‘(II) identical to a project or 

16 phase of a project described in a rel17 evant transportation improvement 

18 program; and 

19 ‘‘(III) for any project located in a 

20 nonattainment area or maintenance 

21 area, carried out in accordance with 

22 the applicable State air quality imple23 mentation plan developed under the 

24 Clean Air Act (42 U.S.C. 7401 et 

25 seq.). 


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1 ‘‘(2) CONTENTS.— 

2 ‘‘(A) PRIORITY LIST.—A statewide trans3 portation improvement program shall include a 

4 priority list of proposed federally supported 

5 projects and strategies, to be carried out during 

6 the 4-year period beginning on the date of 

7 adoption of the statewide transportation im8 provement program, and during each 4-year pe9 riod thereafter, using existing and reasonably 

10 available revenues in accordance with the finan11 cial plan under paragraph (3). 

12 ‘‘(B) DESCRIPTIONS.—Each project or 

13 phase of a project included in a statewide trans14 portation improvement program shall include 

15 sufficient descriptive material (such as type of 

16 work, termini, length, estimated completion 

17 date, and other similar factors) to identify— 

18 ‘‘(i) the project or project phase; and 

19 ‘‘(ii) the effect that the project or 

20 project phase will have in addressing the 

21 targets described in subsection (d)(2). 

22 ‘‘(C) PERFORMANCE TARGET ACHIEVE23 MENT.—A statewide transportation improve24 ment program shall include, to the maximum 

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1 pated effect of the statewide transportation im2 provement program toward achieving the per3 formance targets established in the statewide 

4 transportation plan, linking investment prior5 ities to those performance targets. 

6 ‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.— 

7 An optional illustrative list of projects may be 

8 prepared containing additional investment pri9 orities that— 

10 ‘‘(i) are not included in the statewide 

11 transportation 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)(A) shall— 

18 ‘‘(A) be prepared by each State to support 

19 the statewide transportation improvement pro20 gram; and 

21 ‘‘(B) contain a description of each of the 

22 following: 

23 ‘‘(i) Projected resource requirements 

24 for implementing projects, strategies, and 

25 services recommended in the statewide 


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1 transportation improvement program, in2 cluding existing and projected system oper3 ating and maintenance needs, proposed en4 hancement and expansions to the system, 

5 projected available revenue from Federal, 

6 State, local, and private sources, and inno7 vative financing techniques to finance 

8 projects 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 State and 

16 relevant metropolitan planning organiza17 tions and public transportation agencies, 

18 that are reasonably expected to be avail19 able to support the investment priorities 

20 recommended in the statewide transpor21 tation improvement program. 

22 ‘‘(iv) Each applicable project, only if 

23 full funding can reasonably be anticipated 

24 to be available for the project within the 


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1 time period contemplated for completion of 

2 the project. 

3 ‘‘(4) INCLUDED PROJECTS.— 

4 ‘‘(A) PROJECTS UNDER THIS TITLE AND

5 CHAPTER 53 OF TITLE 49.—A statewide trans6 portation improvement program developed 

7 under this subsection for a State shall include 

8 the projects within the State that are proposed 

9 for funding under chapter 1 of this title and 

10 chapter 53 of title 49. 

11 ‘‘(B) PROJECTS UNDER CHAPTER 2.— 

12 ‘‘(i) REGIONALLY SIGNIFICANT.— 

13 Each regionally significant project pro14 posed for funding under chapter 2 shall be 

15 identified individually in the statewide 

16 transportation improvement program. 

17 ‘‘(ii) NONREGIONALLY SIGNIFI18 CANT.—A description of each project pro19 posed for funding under chapter 2 that is 

20 not determined to be regionally significant 

21 shall be contained in 1 line item or identi22 fied individually in the statewide transpor23 tation improvement program. 

24 ‘‘(5) PUBLICATION.— 


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1 ‘‘(A) IN GENERAL.—A statewide transpor2 tation improvement program shall be published 

3 or otherwise made readily available by the State 

4 for public review in electronically accessible for5 mats and means, such as the Internet. 

6 ‘‘(B) ANNUAL LIST OF PROJECTS.—An an7 nual list of projects, including investments in 

8 pedestrian walkways, bicycle transportation fa9 cilities, and intermodal facilities that support 

10 intercity transportation, for which Federal 

11 funds have been obligated during the preceding 

12 fiscal year shall be published or otherwise made 

13 available by the cooperative effort of the State, 

14 transit operator, and relevant metropolitan 

15 planning organizations in electronically acces16 sible formats and means, such as the Internet, 

17 in a manner that is consistent with the cat18 egories identified in the relevant statewide 

19 transportation improvement program. 

20 ‘‘(6) PROJECT SELECTION FOR URBANIZED

21 AREAS WITH POPULATIONS OF FEWER THAN 200,000

22 NOT REPRESENTED BY DESIGNATED MPOS.— 

23 Projects carried out in urbanized areas with popu24 lations of fewer than 200,000 individuals, and that 

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1 ning organizations, shall be selected, from the ap2 proved statewide transportation improvement pro3 gram (including projects carried out on the National 

4 Highway System and other projects carried out 

5 under this title or under sections 5310 and 5311 of 

6 title 49) by the State, in cooperation with the af7 fected nonmetropolitan planning organization, if any 

8 exists, and in consultation with the affected non9 metropolitan area local officials with responsibility 

10 for transportation. 

11 ‘‘(7) APPROVAL BY SECRETARY.— 

12 ‘‘(A) IN GENERAL.—Not less frequently 

13 than once every 4 years, a statewide transpor14 tation improvement program developed under 

15 this subsection shall be reviewed and approved 

16 by the Secretary, based on the current planning 

17 finding of the Secretary under subparagraph 

18 (B). 

19 ‘‘(B) PLANNING FINDING.—The Secretary 

20 shall make a planning finding referred to in 

21 subparagraph (A) not less frequently than once 

22 every 5 years regarding whether the transpor23 tation planning process through which statewide 

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1 tation improvement programs are developed is 

2 consistent with this section and section 134. 

3 ‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.— 

4 Notwithstanding any other provision of law, ap5 proval by the Secretary shall not be required to 

6 carry out a project included in an approved state7 wide transportation improvement program in place 

8 of another project in the statewide transportation 

9 improvement program. 

10 ‘‘(h) CERTIFICATION.— 

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

12 ‘‘(A) ensure that the statewide transpor13 tation planning process of a State is being car14 ried out in accordance with applicable Federal 

15 law; and 

16 ‘‘(B) subject to paragraph (2), certify, not 

17 less frequently than once every 5 years, that the 

18 requirements of subparagraph (A) are met with 

19 respect to the statewide transportation planning 

20 process. 

21 ‘‘(2) REQUIREMENTS FOR CERTIFICATION.— 

22 The Secretary may make a certification under para23 graph (1)(B) if— 


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1 ‘‘(A) the statewide transportation planning 

2 process complies with the requirements of this 

3 section and other applicable Federal law; and 

4 ‘‘(B) a statewide transportation improve5 ment program for the State has been approved 

6 by the Governor of the State. 

7 ‘‘(3) EFFECT OF FAILURE TO CERTIFY.— 

8 ‘‘(A) WITHHOLDING OF PROJECT

9 FUNDS.—If a statewide transportation planning 

10 process of a State is not certified under para11 graph (1), the Secretary may withhold up to 20 

12 percent of the funds attributable to the State 

13 for projects funded under this title and chapter 

14 53 of title 49. 

15 ‘‘(B) RESTORATION OF WITHHELD

16 FUNDS.—Any funds withheld under subpara17 graph (A) shall be restored to the State on the 

18 date of certification of the statewide transpor19 tation planning process by the Secretary. 

20 ‘‘(4) PUBLIC INVOLVEMENT.—In making a de21 termination regarding certification under this sub22 section, the Secretary shall provide for public in23 volvement appropriate to the State under review. 

24 ‘‘(i) PERFORMANCE-BASED PLANNING PROCESSES

25 EVALUATION.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall estab2 lish criteria to evaluate the effectiveness of the per3 formance-based planning processes of States, taking 

4 into consideration the following: 

5 ‘‘(A) The extent to which the State has 

6 achieved, or is currently making substantial 

7 progress toward achieving, the targets described 

8 in subsection (d)(2), taking into account wheth9 er the State developed meaningful performance 

10 targets. 

11 ‘‘(B) The extent to which the State has 

12 used proven best practices that help ensure 

13 transportation investment that is efficient and 

14 cost-effective. 

15 ‘‘(C) The extent to which the State— 

16 ‘‘(i) has developed an investment proc17 ess that relies on public input and aware18 ness to ensure that investments are trans19 parent and accountable; and 

20 ‘‘(ii) provides regular reports allowing 

21 the public to access the information being 

22 collected in a format that allows the public 

23 to meaningfully assess the performance of 

24 the State. 

25 ‘‘(2) REPORT.— 


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1 ‘‘(A) IN GENERAL.—Not later than 5 years 

2 after the date of enactment of the MAP–21, the 

3 Secretary shall submit to Congress a report 

4 evaluating— 

5 ‘‘(i) the overall effectiveness of per6 formance-based planning as a tool for 

7 guiding transportation investments; and 

8 ‘‘(ii) the effectiveness of the perform9 ance-based planning process of each State. 

10 ‘‘(B) PUBLICATION.—The report under 

11 subparagraph (A) shall be published or other12 wise made available in electronically accessible 

13 formats and means, including on the Internet. 

14 ‘‘(j) FUNDING.—Funds apportioned under section 

15 104(b)(6) of this title and set aside under section 5305(g) 

16 of title 49 shall be available to carry out this section. 

17 ‘‘(k) CONTINUATION OF CURRENT REVIEW PRAC18 TICE.— 

19 ‘‘(1) IN GENERAL.—In consideration of the fac20 tors described in paragraph (2), any decision by the 

21 Secretary concerning a statewide transportation plan 

22 or statewide transportation improvement program 

23 shall not be considered to be a Federal action sub24 ject to review under the National Environmental 

25 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 


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1 ‘‘(2) DESCRIPTION OF FACTORS.—The factors 

2 referred to in paragraph (1) are that— 

3 ‘‘(A) statewide transportation plans and 

4 statewide transportation improvement programs 

5 are subject to a reasonable opportunity for pub6 lic comment; 

7 ‘‘(B) the projects included in statewide 

8 transportation plans and statewide transpor9 tation improvement programs are subject to re10 view under the National Environmental Policy 

11 Act of 1969 (42 U.S.C. 4321 et seq.); and 

12 ‘‘(C) decisions by the Secretary concerning 

13 statewide transportation plans and statewide 

14 transportation improvement programs have not 

15 been reviewed under the National Environ16 mental Policy Act of 1969 (42 U.S.C. 4321 et 

17 seq.) as of January 1, 1997. 

18 ‘‘(l) SCHEDULE FOR IMPLEMENTATION.—The Sec19 retary shall issue guidance on a schedule for implementa20 tion of the changes made by this section, taking into consid21 eration the established planning update cycle for States. 

22 The Secretary shall not require a State to deviate from its 

23 established planning update cycle to implement changes 

24 made by this section. States shall reflect changes made to 

25 their transportation plan or transportation improvement 


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1 program updates by 2 years after the date of issuance of 

2 guidance by the Secretary.’’. 

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)(1) by striking subsection (d) and inserting 

21 the 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)(2) 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)(F) LEGAL FEES.—A State assuming 

25 the responsibilities of the Secretary under this 


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1 section for a specific project may use funds ap2 portioned to the State under section 104(b)(2) 

3 for attorneys fees directly attributable to eligi4 ble 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 

23 project is categorically excluded from the prepara24 tion of an environmental assessment or environ25 mental impact statement under the National EnviVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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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 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00387 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS 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 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00397 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS 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 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00398 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS 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 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00399 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS 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 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS 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 

24 amount equal to 8 percent of the amounts to be apVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00420 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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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, as determined in accordance with 

8 Environmental Protection Agency testing methods 3052, 

9 6010B, or 6010C.’’. 

10 SEC. 1504. CONSTRUCTION. 

11 Section 114 of title 23, United States Code, is 

12 amended— 

13 (1) in subsection (b)— 

14 (A) by striking paragraph (1) and insert15 ing the following: 

16 ‘‘(1) LIMITATION ON CONVICT LABOR.—Convict 

17 labor shall not be used in construction of Federal18 aid highways or portions of Federal-aid highways 

19 unless the labor is performed by convicts who are on 

20 parole, supervised release, or probation.’’; and 

21 (B) in paragraph (3) by inserting ‘‘in ex22 istence during that period’’ after ‘‘located on a 

23 Federal-aid system’’; and 

24 (2) in subsection (c)— 


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1 (A) by striking paragraph (1) and insert2 ing the following: 

3 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

4 that a worker who is employed on a remote project 

5 for the construction of a Federal-aid highway or por6 tion of a Federal-aid highway in the State of Alaska 

7 and who is not a domiciled resident of the locality 

8 shall receive meals and lodging.’’; and 

9 (B) in paragraph (3)(C) by striking ‘‘high10 way or portion of a highway located on a Fed11 eral-aid system’’ and inserting ‘‘Federal-aid 

12 highway or portion of a Federal-aid highway’’. 

13 SEC. 1505. MAINTENANCE. 

14 Section 116 of title 23, United States Code, is 

15 amended— 

16 (1) in subsection (a)— 

17 (A) in the first sentence, by inserting ‘‘or 

18 other direct recipient’’ before ‘‘to maintain’’; 

19 and 

20 (B) by striking the second sentence; 

21 (2) by striking subsection (b) and inserting the 

22 following: 

23 ‘‘(b) AGREEMENT.—In any State in which the State 

24 transportation department or other direct recipient is 

25 without legal authority to maintain a project described in 


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1 subsection (a), the transportation department or direct re2 cipient shall enter into a formal agreement with the appro3 priate officials of the county or municipality in which the 

4 project is located providing for the maintenance of the 

5 project.’’; and 

6 (3) in the first sentence of subsection (c) by in7 serting ‘‘or other direct recipient’’ after ‘‘State 

8 transportation department’’. 

9 SEC. 1506. FEDERAL SHARE PAYABLE. 

10 Section 120 of title 23, United States Code, is 

11 amended— 

12 (1) in the first sentence of subsection (c)(1)— 

13 (A) by inserting ‘‘maintaining minimum 

14 levels of retroreflectivity of highway signs or 

15 pavement markings,’’ after ‘‘traffic control sig16 nalization,’’; 

17 (B) by inserting ‘‘shoulder and centerline 

18 rumble strips and stripes,’’ after ‘‘pavement 

19 marking,’’; and 

20 (C) by striking ‘‘Federal-aid systems’’ and 

21 inserting ‘‘Federal-aid programs’’; 

22 (2) in subsection (e)— 

23 (A) in the first sentence— 


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1 (i) in the matter preceding paragraph 

2 (1) by striking ‘‘on such highway’’ and in3 serting ‘‘on the system’’; and 

4 (ii) in paragraph (1) by striking 

5 ‘‘within 180 days after the actual occur6 rence of the natural disaster or catastrophic 

7 failure may amount to 100 percent of the 

8 costs thereof’’ and inserting ‘‘, beginning for 

9 fiscal year 2012, in such time period as the 

10 Secretary, in consultation with the Gov11 ernor of the impacted State, determines to 

12 be appropriate within 270 days after the oc13 currence of the natural disaster or cata14 strophic failure, taking into consideration 

15 any delay in the ability of the State to ac16 cess damaged facilities to evaluate damage 

17 and the cost of repair, may be, in the dis18 cretion of the Secretary, up to 100 percent 

19 if the eligible expenses incurred by the State 

20 due to the natural disaster or catastrophic 

21 failure exceeds the annual apportionment of 

22 the State under section 104 for the fiscal 

23 year in which the disaster or failure oc24 curred’’; and 


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1 (ii)(iii) in paragraph (2) by striking 

2 ‘‘forest highways, forest development roads 

3 and 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 cur17 rent model year new engine standards for PM2.5 for the 

18 applicable engine power group issued by the Environ19 mental Protection Agency, on a covered highway project 

20 within a PM2.5 nonattainment or maintenance area. 

21 ‘‘(b) DEFINITIONS.—In this section, the following 

22 definitions apply: 

23 ‘‘(1) COVERED EQUIPMENT.—The term ‘cov24 ered construction equipment’ means any off-road 

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1 ment that is operated on a covered highway con2 struction project for not less than 80 hours over the 

3 life of the project. 

4 ‘‘(2) COVERED HIGHWAY CONSTRUCTION

5 PROJECT.—The term ‘covered highway construction 

6 project’ means a highway construction project car7 ried out under this title or any other Federal law 

8 which is funded in whole or in part with Federal 

9 funds. 

10 ‘‘(3) DIESEL EMISSION CONTROL TECH11 NOLOGY.—The term ‘diesel emission control tech12 nology’ means a technology that— 

13 ‘‘(A) is— 

14 ‘‘(i) a diesel exhaust control tech15 nology; 

16 ‘‘(ii) a diesel engine upgrade; 

17 ‘‘(iii) a diesel engine repower; or 

18 ‘‘(iv) an idle reduction control tech19 nology; and 

20 ‘‘(B) reduces PM2.5 emissions from covered 

21 equipment by— 

22 ‘‘(i) not less than 85 percent control 

23 of any emission of particulate matter; or 


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1 ‘‘(ii) the maximum achievable reduc2 tion of any emission of particulate matter.; 

3 and 

4 ‘‘(C) is installed on and operated with the 

5 covered equipment while the equipment is oper6 ated on a covered highway construction project 

7 and that remains operational on the covered 

8 equipment for the useful life of the control tech9 nology or equipment. 

10 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en11 tity’ means an entity (including a subcontractor of 

12 the entity) that has entered into a prime contract or 

13 agreement with a State to carry out a covered high14 way construction project. 

15 ‘‘(5) OFF-ROAD NONROAD DIESEL EQUIP16 MENT.— 

17 ‘‘(A) IN GENERAL.—The term ‘off-road 

18 nonroad diesel equipment’ means a vehicle, in19 cluding covered equipment, that is— 

20 ‘‘(i) powered by a nonroad diesel en21 gine of not less than 50 horsepower; and 

22 ‘‘(ii) not intended for highway use. 

23 ‘‘(B) INCLUSIONS.—The term ‘off-road 

24 nonroad diesel equipment’ includes a backhoe, 


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1 bulldozer, compressor, crane, excavator, gener2 ator, and similar equipment. 

3 ‘‘(C) EXCLUSIONS.—The term ‘off-road 

4 nonroad diesel equipment’ does not include a lo5 comotive or marine vessel. 

6 ‘‘(6) ON-ROAD DIESEL EQUIPMENT.—The term 

7 ‘on-road diesel equipment’ means any self-propelled 

8 vehicle that— 

9 ‘‘(A) operates on diesel fuel; 

10 ‘‘(B) is designed to transport persons or 

11 property on a street or highway; and 

12 ‘‘(C) has a gross vehicle weight rating of at 

13 least 14,000 pounds. 

14 ‘‘(7) PM2.5 NONATTAINMENT OR MAINTENANCE

15 AREA.—The term ‘PM2.5 nonattainment or mainte16 nance area’ means a nonattainment or maintenance 

17 area designated under section 107(d)(6) of the 

18 Clean Air Act (42 U.S.C. 7407(d)(6)). 

19 ‘‘(c) CRITERIA ELIGIBLE ACTIVITIES.— 

20 ‘‘(1) DIESEL EXHAUST CONTROL TECH21 NOLOGY.—For a diesel exhaust control technology, 

22 the technology shall be— 

23 ‘‘(A) installed on a diesel engine or vehicle; 

24 ‘‘(B) included in the list of verified or cer25 tified technologies for non-road vehicles and 


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1 non-road engines (as defined in section 216 of 

2 the Clean Air Act (42 U.S.C. 7550)) published 

3 pursuant to subsection (f)(2) of section 149, as 

4 in effect on the day before the date of enact5 ment of the MAP-21; and 

6 ‘‘(C) certified by the installer as having 

7 been installed in accordance with the specifica8 tions included on the list referred to in sub9 clause (II) subparagraph (B) for achieving a re10 duction in PM2.5. 

11 ‘‘(2) DIESEL ENGINE UPGRADE.—For a diesel 

12 engine upgrade, the upgrade shall be performed on 

13 an engine that is— 

14 ‘‘(A) rebuilt using new components that 

15 collectively appear as a system in the list of 

16 verified or certified technologies for non-road 

17 vehicles and non-road engines (as defined in 

18 section 216 of the Clean Air Act (42 U.S.C. 

19 7550)) published pursuant to subsection (f)(2) 

20 of section 149, as in effect on the day before 

21 the date of enactment of the MAP-21; and 

22 ‘‘(B) certified by the installer to have been 

23 installed in accordance with the specifications 

24 included on the list referred to in subclause (I) 


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1 subparagraph (A) for achieving a reduction in 

2 PM2.5. 

3 ‘‘(3) DIESEL ENGINE REPOWER.—For a diesel 

4 engine repower, the repower shall be conducted on a 

5 new or remanufactured diesel engine that is— 

6 ‘‘(A) installed as a replacement for an en7 gine used in the existing equipment, subject to 

8 the condition that the replaced engine is— 

9 ‘‘(i) used for scrap; 

10 ‘‘(ii) permanently disabled; or 

11 ‘‘(iii) returned to the original manu12 facturer for remanufacture to a PM level 

13 that is at least equivalent to a Tier 2 emis14 sion standard; and 

15 ‘‘(B) certified by the engine manufacturer 

16 as meeting the emission standards for new vehi17 cles for the applicable engine power group es18 tablished by the Environmental Protection 

19 Agency as in effect on the date on which the 

20 engine is remanufactured. 

21 ‘‘(4) IDLE REDUCTION CONTROL TECH22 NOLOGY.—For an idle reduction control technology, 

23 the technology shall be— 

24 ‘‘(A) installed on a diesel engine or vehicle; 


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1 ‘‘(B) included in the list of verified or cer2 tified technologies for non-road vehicles and 

3 non-road engines (as defined in section 216 of 

4 the Clean Air Act (42 U.S.C. 7550)) published 

5 pursuant to subsection (f)(2) of section 149, as 

6 in effect on the day before the date of enact7 ment of the MAP-21; and 

8 ‘‘(C) certified by the installer as having 

9 been installed in accordance with the specifica10 tions included on the list referred to in sub11 clause (II) subparagraph (B) for achieving a re12 duction in PM2.5.’’. 

13 (b) SAVINGS CLAUSE.—Nothing in this section modi14 fies or otherwise affects any authority or restrictions es15 tablished under the Clean Air Act (42 U.S.C. 7401 et 

16 seq.). 

17 (c) REPORT TO CONGRESS.— 

18 (1) IN GENERAL.—Not later than 21 years 

19 after the date of enactment of this Act, the Sec20 retary of Transportation shall submit to the Com21 mittee on Transportation and Infrastructure of the 

22 House of Representatives and the Committee on En23 vironment and Public Works of the Senate a report 

24 that describes the manners in which section 330 of 

25 title 23, United States Code (as added by subsection 


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1 (a)) has been implemented, including the quantity of 

2 covered equipment serviced under those sections and 

3 the costs associated with servicing the covered equip4 ment. 

5 (2) INFORMATION FROM STATES.—The Sec6 retary shall require States and recipients, as a con7 dition of receiving amounts under this Act or under 

8 the provisions of any amendments made by this Act, 

9 to submit to the Secretary any information that the 

10 Secretary determines necessary to complete the re11 port under paragraph (1). 

12 (d) TECHNICAL AMENDMENT.—The analysis for 

13 chapter 3 of title 23, United States Code, is amended by 

14 adding at the end the following: 

‘‘330. Construction equipment and vehicles.’’. 

15 SEC. 1512. USE OF DEBRIS FROM DEMOLISHED BRIDGES 

16 AND OVERPASSES. 

17 Section 1805(a) of the SAFETEA–LU (23 U.S.C. 

18 144 note; 119 Stat. 1459) is amended by striking ‘‘high19 way bridge replacement and rehabilitation program under 

20 section 144’’ and inserting ‘‘national highway performance 

21 program under section 119’’. 


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1 SEC. 1513. EXTENSION OF PUBLIC TRANSIT VEHICLE EX2 EMPTION FROM AXLE WEIGHT RESTRIC3 TIONS. 

4 Section 1023(h)(1) of the Intermodal Surface Trans5 portation Efficiency Act of 1991 (23 U.S.C. 127 note; 

6 Public Law 102–388) is amended by striking ‘‘, for the 

7 period beginning on October 6, 1992, and ending on Octo8 ber 1, 2009,’’. 

9 SEC. 1514. UNIFORM RELOCATION ASSISTANCE ACT 

10 AMENDMENTS. 

11 (a) MOVING AND RELATED EXPENSES.—Section 202 

12 of the Uniform Relocation Assistance and Real Property 

13 Acquisition Policies Act of 1970 (42 U.S.C. 4622) is 

14 amended— 

15 (1) in subsection (a)(4) by striking ‘‘$10,000’’ 

16 and inserting ‘‘$25,000, as adjusted by regulation, 

17 in accordance with section 213(d)’’; and 

18 (2) in the second sentence of subsection (c) by 

19 striking ‘‘$20,000’’ and inserting ‘‘$40,000, as ad20 justed by regulation, in accordance with section 

21 213(d)’’. 

22 (b) REPLACEMENT HOUSING FOR HOMEOWNERS.— 

23 The first sentence of section 203(a)(1) of the Uniform Re24 location Assistance and Real Property Acquisition Policies 

25 Act of 1970 (42 U.S.C. 4623(a)(1)) is amended— 


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1 (1) by striking ‘‘$22,500’’ and inserting 

2 ‘‘$31,000, as adjusted by regulation, in accordance 

3 with 213(d),’’; and 

4 (2) by striking ‘‘one hundred and eighty days 

5 prior to’’ and inserting ‘‘90 days before’’. 

6 (c) REPLACEMENT HOUSING FOR TENANTS AND

7 CERTAIN OTHERS.—Section 204 of the Uniform Reloca8 tion Assistance and Real Property Acquisition Policies Act 

9 of 1970 (42 U.S.C. 4624) is amended— 

10 (1) in the second sentence of subsection (a) by 

11 striking ‘‘$5,250’’ and inserting ‘‘$7,200, as ad12 justed by regulation, in accordance with section 

13 213(d)’’; and 

14 (2) in the second sentence of subsection (b) by 

15 striking ‘‘, except’’ and all that follows through the 

16 end of the subsection and inserting a period. 

17 (d) DUTIES OF LEAD AGENCY.—Section 213 of the 

18 Uniform Relocation Assistance and Real Property Acquisi19 tion Policies Act of 1970 (42 U.S.C. 4633) is amended— 

20 (1) in subsection (b)— 

21 (A) in paragraph (2) by striking ‘‘and’’ at 

22 the end; 

23 (B) in paragraph (3) by striking the period 

24 at the end and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 


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1 ‘‘(4) that each Federal agency that has pro2 grams or projects requiring the acquisition of real 

3 property or causing a displacement from real prop4 erty subject to the provisions of this Act shall pro5 vide to the lead agency an annual summary report 

6 the describes the activities conducted by the Federal 

7 agency.’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(d) ADJUSTMENT OF PAYMENTS.—The head of the 

10 lead agency may adjust, by regulation, the amounts of re11 location payments provided under sections 202(a)(4), 

12 202(c), 203(a), and 204(a) if the head of the lead agency 

13 determines that cost of living, inflation, or other factors 

14 indicate that the payments should be adjusted to meet the 

15 policy objectives of this Act.’’. 

16 (e) AGENCY COORDINATION.—Title II of the Uni17 form Relocation Assistance and Real Property Acquisition 

18 Policies Act of 1970 is amended by inserting after section 

19 213 (42 U.S.C. 4633) the following: 

20 ‘‘SEC. 214. AGENCY COORDINATION. 

21 ‘‘(a) AGENCY CAPACITY.—Each Federal agency re22 sponsible for funding or carrying out relocation and acqui23 sition activities shall have adequately trained personnel 

24 and such other resources as are necessary to manage and 


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1 oversee the relocation and acquisition program of the Fed2 eral agency in accordance with this Act. 

3 ‘‘(b) INTERAGENCY AGREEMENTS.—Not later than 1 

4 year after the date of enactment of this section, each Fed5 eral agency responsible for funding relocation and acquisi6 tion activities (other than the agency serving as the lead 

7 agency) shall enter into a memorandum of understanding 

8 with the lead agency that— 

9 ‘‘(1) provides for periodic training of the per10 sonnel of the Federal agency, which in the case of 

11 a Federal agency that provides Federal financial as12 sistance, may include personnel of any displacing 

13 agency that receives Federal financial assistance; 

14 ‘‘(2) addresses ways in which the lead agency 

15 may provide assistance and coordination to the Fed16 eral agency relating to compliance with the Act on 

17 a program or project basis; and 

18 ‘‘(3) addresses the funding of the training, as19 sistance, and coordination activities provided by the 

20 lead agency, in accordance with subsection (c). 

21 ‘‘(c) INTERAGENCY PAYMENTS.— 

22 ‘‘(1) IN GENERAL.—For the fiscal year that be23 gins 1 year after the date of enactment of this sec24 tion, and each fiscal year thereafter, each Federal 

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1 sition activities (other than the agency serving as the 

2 lead agency) shall transfer to the lead agency for the 

3 fiscal year, such funds as are necessary, but not less 

4 than $35,000, to support the training, assistance, 

5 and coordination activities of the lead agency de6 scribed in subsection (b). 

7 ‘‘(2) INCLUDED COSTS.—The cost to a Federal 

8 agency of providing the funds described in para9 graph (1) shall be included as part of the cost of 1 

10 or more programs or projects undertaken by the 

11 Federal agency or with Federal financial assistance 

12 that result in the displacement of persons or the ac13 quisition of real property.’’. 

14 (f) COOPERATION WITH FEDERAL AGENCIES.—Sec15 tion 308 of title 23, United States Code, is amended by 

16 striking subsection (a) and inserting the following: 

17 ‘‘(a) AUTHORIZED ACTIVITIES.— 

18 ‘‘(1) IN GENERAL.—The Secretary may per19 form, by contract or otherwise, authorized engineer20 ing or other services in connection with the survey, 

21 construction, maintenance, or improvement of high22 ways for other Federal agencies, cooperating foreign 

23 countries, and State cooperating agencies. 

24 ‘‘(2) INCLUSIONS.—Services authorized under 

25 paragraph (1) may include activities authorized 


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1 under section 214 of the Uniform Relocation Assist2 ance and Real Property Acquisition Policies Act of 

3 1970. 

4 ‘‘(3) REIMBURSEMENT.—Reimbursement for 

5 services carried out under this subsection (including 

6 depreciation on engineering and road-building equip7 ment) shall be credited to the applicable appropria8 tion.’’. 

9 (g) EFFECTIVE DATES.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), the amendments made by this section 

12 shall take effect on the date of enactment of this 

13 Act. 

14 (2) EXCEPTION.—The amendments made by 

15 subsections (a) through (c) shall take effect 2 years 

16 after the date of enactment of this Act. 

17 SEC. 1515. USE OF YOUTH SERVICE AND CONSERVATION 

18 CORPS. 

19 (a) IN GENERAL.—The Secretary shall encourage the 

20 States and regional transportation planning agencies to 

21 enter into contracts and cooperative agreements with 

22 Healthy Futures Corps under section 122(a)(2) of the Na23 tional and Community Service Act of 1990 (42 U.S.C. 

24 12572(a)(2)) or qualified urban youth corps (as defined 


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1 in section 106(c) of the National and Community Service 

2 Trust Act of 1993 (42 U.S.C. 12656(c)) to perform— 

3 (1) appropriate projects eligible under sections 

4 162, 206, and 217 of title 23, United States Code; 

5 (2) appropriate transportation enhancement ac6 tivities (as defined in section 101(a) of such title); 

7 (3) appropriate transportation byway, trail, or 

8 bicycle and pedestrian projects under section 204 of 

9 such title; and 

10 (4) appropriate safe routes to school projects 

11 under section 1404 of the SAFETEA–LU (23 

12 U.S.C. 402 note; 119 Stat. 1228). 

13 (b) REQUIREMENTS.—Under any contract or cooper14 ative agreement entered into with a Healthy Futures 

15 Corps or qualified urban youth corps under this section, 

16 the Secretary— 

17 (1) shall establish the amount of a living allow18 ance or rate of pay for each participant in such 

19 corps— 

20 (A) at such amount or rate as is required 

21 under State law in a State with such a require22 ment; or 

23 (B) for corps in a State not described in 

24 subparagraph (A), at such amount or rate as 

25 determined by the Secretary, not to exceed the 


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1 maximum living allowance authorized by section 

2 140 of the National and Community Service 

3 Act of 1990 (42 U.S.C. 12594); and 

4 (2) shall not subject such corps to the require5 ments of section 112 of title 23, United States Code. 

6 SEC. 1516. CONSOLIDATION OF PROGRAMS; REPEAL OF OB7 SOLETE PROVISIONS. 

8 (a) CONSOLIDATION OF PROGRAMS.—From adminis9 trative funds made available under section 104(a) of title 

10 23, United States Code, not less than $10,000,000 for 

11 each fiscal year $15,000,000 for each of fiscal years 2012 

12 and 2013 shall be made available for the following activi13 ties: 

14 (1) To carry out the operation lifesaver pro15 gram— 

16 (A) to provide public information and edu17 cation programs to help prevent and reduce 

18 motor vehicle accidents, injuries, and fatalities; 

19 and 

20 (B) to improve driver performance at rail21 way-highway crossings. 

22 (2) To operate the national work zone safety in23 formation clearinghouse authorized by section 

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1 tion Act of 1995 (23 U.S.C. 401 note; 109 Stat. 

2 625) 

3 (3) To operate a public road safety clearing4 house in accordance with section 1411(a) of the 

5 SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 

6 1234). 

7 (4) To operate a bicycle and pedestrian safety 

8 clearinghouse in accordance with section 1411(b) of 

9 the SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 

10 1234). 

11 (5) To operate a national safe routes to school 

12 clearinghouse in accordance with section 1404(g) of 

13 the SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 

14 1229). 

15 (6) To provide work zone safety grants in ac16 cordance with subsections (a) and (b) of section 

17 1409 of the SAFETEA–LU (23 U.S.C. 401 note; 

18 119 Stat. 1232). 

19 (7) To provide grants to prohibit racial profiling 

20 in accordance with section 1906 of the SAFETEA-LU 

21 (23 U.S.C. 402 note; 119 Stat. 1468). 

22 (b) REPEALS.—Sections 105, 110, 117, 124, 147, 

23 151, 155, 160, and 303 of title 23, United States Code, 

24 are repealed. 

25 (c) CONFORMING AMENDMENTS.— 


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1 (1) TITLE ANALYSIS.—The analysis for title 23, 

2 United States Code, is amended by striking the 

3 items relating to sections 105, 110, 117, 124, 147, 

4 152, 155, 160, and 303 of that title. 

5 (2) SECTION 118.—Section 118 of such title is 

6 amended— 

7 (A) in subsection (b)— 

8 (i) by striking paragraph (1) and all 

9 that follows through the heading of para10 graph (2); and 

11 (ii) by striking ‘‘(other than for Inter12 state construction)’’; and 

13 (B) by striking subsection (c); and 

14 (C) by redesignating subsections (d) and 

15 (e) as subsections (c) and (d), respectively. 

16 (3) SECTION 130.—Section 130 of such title is 

17 amended— 

18 (A) by striking subsections (e) through (h); 

19 (B) by redesignating subsection (i) as sub20 section (e); 

21 (C) by striking subsections (j) and (k); 

22 (D) by redesignating subsection (l) as sub23 section (f); 

24 (E) in subsection (e) (as so redesignated) 

25 by striking ‘‘this section’’ øthe second place it 


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1 appears¿ the second place it appears and insert2 ing ‘‘section 104(b)(3)’’; and 

3 (F) in subsection (f) (as so redesignated) 

4 by striking paragraphs (3) and (4). 

5 (4) SECTION 142.—Section 142 of title 23, 

6 United States Code, is amended— 

7 (A) in subsection (a)— 

8 (i) in paragraph (1)— 

9 (I) by striking ‘‘motor vehicles 

10 (other than rail)’’ and inserting 

11 ‘‘buses’’; 

12 (II) by striking ‘‘(hereafter in 

13 this section referred to as ‘buses’)’’; 

14 (III) by striking ‘‘Federal-aid 

15 systems’’ and inserting ‘‘Federal-aid 

16 highways’’; and 

17 (IV) by striking ‘‘Federal-aid sys18 tem’’ and inserting ‘‘Federal-aid high19 way’’; and 

20 (ii) in paragraph (2)— 

21 (I) by striking ‘‘as a project on 

22 the the surface transportation pro23 gram for’’; and 


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1 (II) by striking ‘‘section 

2 104(b)(3)’’ and inserting ‘‘section 

3 104(b)(2); 

4 (B) in subsection (b) by striking 

5 ‘‘104(b)(4)’’ and inserting ‘‘104(b)(1)’’; 

6 (C) in subsection (c)— 

7 (i) by striking ‘‘system’’ in each place 

8 it appears and inserting ‘‘highway’’; and 

9 (ii) by striking ‘‘highway facilities’’ 

10 and inserting ‘‘highways eligible under the 

11 program that is the source of the funds’’; 

12 (D) in subsection (e)(2)— 

13 (i) by striking ‘‘Notwithstanding sec14 tion 209(f)(1) of the Highway Revenue Act 

15 of 1956, the Highway Trust Fund shall be 

16 available for making expenditures to meet 

17 obligations resulting from projects author18 ized by subsection (a)(2) of this section 

19 and such projects’’ and inserting ‘‘Projects 

20 authorized by subsection (a)(2)’’; and 

21 (ii) striking ‘‘on the surface transpor22 tation program’’ and inserting ‘‘under the 

23 transportation mobility program’’; and 

24 (E) in subsection (f) by striking ‘‘exits’’ 

25 and inserting ‘‘exists’’. 


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1 (5) SECTION 145.—Section 145(b) of title 23, 

2 United States Code, is amended by striking ‘‘section 

3 117 of this title,’’. 

4 (6) SECTION 322.—Section 322(h)(3) of title 

5 23, United States Code, is amended by striking 

6 ‘‘surface transportation program’’ and inserting ‘‘the 

7 transportation mobility program’’. 

8 (d) CERTAIN ALLOCATIONS.—Notwithstanding any 

9 other provision of law, any unobligated balances of amounts 

10 required to be allocated to a State by section 1307(d)(1) 

11 of the SAFETEA–LU (23 U.S.C. 322 note; 119 Stat. 1217; 

12 122 Stat. 1577) shall instead be made available to such 

13 State for any purpose eligible under section 133(c) of title 

14 23, United States Code. 

15 SEC. 1517. RESCISSIONS. 

16 (a) FISCAL YEAR 2012.— 

17 (1) Not later than 30 days after the date of en18 actment of this Act, of the unobligated balances 

19 available under sections 144(f) and 320 of title 23, 

20 United States Code, section 147 of Public Law 95– 

21 599 (23 U.S.C. 144 note; 92 Stat. 2714), section 

22 9(c) of Public Law 97–134 (95 Stat. 1702), section 

23 149 of Public Law 100–17 (101 Stat. 181), sections 

24 1006, 1069, 1103, 1104, 1105, 1106, 1107, 1108, 

25 6005, 6015, and 6023 of Public Law 102–240 (105 


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1 Stat. 1914), section 1602 of Public Law 105–178 

2 (112 Stat. 256), sections 1301, 1302, 1702, and 

3 1934 of Public Law 109–59 (119 Stat. 1144), and 

4 of other funds apportioned to each State under 

5 chapter 1 of title 23, United States Code, prior to 

6 the date of enactment of this Act, $2,391,000,000 

7 are permanently rescinded. 

8 (2) In administering the rescission required 

9 under this subsection, the Secretary shall allow each 

10 State to determine the amount of the required re11 scission to be drawn from the programs to which the 

12 rescission applies. 

13 (b) FISCAL YEAR 2013.— 

14 (1) On October 1, 2012, of the unobligated bal15 ances of funds apportioned or allocated on or before 

16 that date to each State under chapter 1 of title 23, 

17 United States Code, $3,054,000,000 are perma18 nently rescinded. 

19 (2) Notwithstanding section 1132 of the Energy 

20 Independence and Security Act of 2007 (Public Law 

21 110–140; 121 Stat. 1763), in administering the re22 scission required under this subsection, the Sec23 retary shall allow each State to determine the 

24 amount of the required rescission to be drawn from 

25 the programs to which the rescission applies. 


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1 SEC. 1518. STATE AUTONOMY FOR CULVERT PIPE SELEC2 TION. 

3 Not later than 180 days after the date of enactment 

4 of this Act, the Secretary shall modify section 635.411 of 

5 title 23, Code of Federal Regulations (as in effect on the 

6 date of enactment of this Act), to ensure that States shall 

7 have the autonomy to determine culvert and storm sewer 

8 material types to be included in the construction of a 

9 project on a Federal-aid highway. 

10 SEC. 1519. EFFECTIVE AND SIGNIFICANT PERFORMANCE 

11 MEASURES. 

12 (a) LIMITED NUMBER OF PERFORMANCE MEAS13 URES.—In implementing provisions of this Act (including 

14 the amendments made by this Act) and title 23, United 

15 States Code (other than chapter 4 of that title), that author16 ize the Secretary to develop performance measures, the Sec17 retary shall limit the number of performance measures es18 tablished to the most significant and effective measures. 

19 (b) DIFFERENT APPROACHES FOR URBAN AND RURAL

20 AREAS.—In the development and implementation of any 

21 performance target, a State may, as appropriate, provide 

22 for different performance targets for urbanized and rural 

23 areas. 

24 SEC. 1520. REQUIREMENTS FOR ELIGIBLE BRIDGE 

25 PROJECTS. 

26 (a) DEFINITIONS.—In this section: 


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1 (1) ELIGIBLE BRIDGE PROJECT.—The term ‘‘eli2 gible bridge project’’ means a project for construction, 

3 alteration, or repair work on a bridge or overpass 

4 funded directly by, or provided other assistance 

5 through, the Federal Government. 

6 (2) QUALIFIED TRAINING PROGRAM.—The term 

7 ‘‘qualified training program’’ means a training pro8 gram that— 

9 (A)(i) is certified by the Secretary of Labor; 

10 and 

11 (ii) with respect to an eligible bridge project 

12 located in an area in which the Secretary of 

13 Labor determines that a training program does 

14 not exist, is registered with— 

15 (I) the Department of Labor; or 

16 (II) a State agency recognized by the 

17 Department of Labor for purposes of a Fed18 eral training program; or 

19 (B) is a corrosion control, mitigation and 

20 prevention personnel training program that is 

21 offered by an organization whose standards are 

22 recognized and adopted in other Federal or State 

23 Departments of Transportation. 

24 (3) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Transportation. 


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1 (b) ELIGIBILITY REQUIREMENTS.— 

2 (1) IN GENERAL.—Each contractor and subcon3 tractor that carries out any aspect of an eligible 

4 bridge project described in paragraph (2) shall— 

5 (A) before entering into the applicable con6 tract, be certified by the Secretary or a State, in 

7 accordance with paragraph (4), as meeting the 

8 eligibility requirements described in paragraph 

9 (3); and 

10 (B) remain certified as described in sub11 paragraph (A) while carrying out the applicable 

12 aspect of the eligible bridge project. 

13 (2) DESCRIPTION OF ASPECTS OF ELIGIBLE

14 BRIDGE PROJECTS.—An aspect of an eligible bridge 

15 project referred to in paragraph (1) is— 

16 (A) surface preparation or coating applica17 tion on bridge steel of an eligible bridge project; 

18 (B) removal of a lead-based or other haz19 ardous coating from bridge steel of an existing 

20 eligible bridge project; 

21 (C) shop painting of structural steel fab22 ricated for installation on bridge steel of an eli23 gible bridge project; and 


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1 (D) the design, application, installation, 

2 and maintenance of a cathodic protection sys3 tem. 

4 (3) REQUIREMENTS.—The eligibility require5 ments referred to in paragraph (1) are that a con6 tractor or subcontractor shall— 

7 (A) as determined by the Secretary— 

8 (i) use corrosion mitigation and pre9 vention methods to preserve relevant bridges 

10 and overpasses, taking into account— 

11 (I) material selection; 

12 (II) coating considerations; 

13 (III) cathodic protection consider14 ations; 

15 (IV) design considerations for cor16 rosion; and 

17 (V) trained applicators; 

18 (ii) use best practices— 

19 (I) to prevent environmental deg20 radation; and 

21 (II) to ensure careful handling of 

22 all hazardous materials; and 

23 (iii) demonstrate a history of employ24 ing industry-respected inspectors to ensure 


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1 funds are used in the interest of affected 

2 taxpayers; and 

3 (B) demonstrate a history of compliance 

4 with applicable requirements of the Occupational 

5 Safety and Health Administration, as deter6 mined by the Secretary of Labor. 

7 (4) STATE CONSULTATION.—In determining 

8 whether to certify a contractor or subcontractor under 

9 paragraph (1)(A), a State shall consult with engi10 neers and other experts trained in accordance with 

11 subsection (a)(2) specializing in corrosion control, 

12 mitigation, and prevention methods. 

13 (c) OPTIONAL TRAINING PROGRAM.—As a condition of 

14 entering into a contract for an eligible bridge project, each 

15 contractor and subcontractor that performs construction, al16 teration, or repair work on a bridge or overpass for the eli17 gible bridge project may provide, or make available, train18 ing, through a qualified training program, for each appli19 cable craft or trade classification of employees that the con20 tractor or subcontractor intends to employ to carry out as21 pects of eligible bridge projects as described in subsection 

22 (b)(2). 


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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), 503(d), 

10 and 509 of title 23, United States Code, 

11 $90,000,000 for each 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 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS 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 and eco24 nomic development planning in rural 

25 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, economic 

15 development, and housing 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 the Secretary may partner 

20 with individual States, groups of 

21 States, or other entities to implement 

22 such 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) a motor fuel tax evasion 

9 program; 

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 ‘‘(d) AIR QUALITY AND CONGESTION MITIGATION

4 MEASURE OUTCOMES ASSESSMENT RESEARCH.— 

5 ‘‘(1) IN GENERAL.—The Secretary, in consulta6 tion with the Administrator of the Environmental 

7 Protection Agency, shall carry out a research pro8 gram to examine the outcomes of actions funded 

9 under the congestion mitigation and air quality im10 provement program since the enactment of the 

11 SAFETEA-LU (Public Law 109–59). 

12 ‘‘(2) GOALS.—The goals of the program shall in13 clude— 

14 ‘‘(A) the assessment and documentation, 

15 through outcomes research conducted on a rep16 resentative sample of cases, of— 

17 ‘‘(i) the emission reductions achieved 

18 by federally supported surface transpor19 tation actions intended to reduce emissions 

20 or lessen traffic congestion; and 

21 ‘‘(ii) the air quality and human health 

22 impacts of those actions, including potential 

23 unrecognized or indirect consequences, at24 tributable to those actions; 


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1 ‘‘(B) an expanded base of empirical evi2 dence on the air quality and human health im3 pacts of actions described in paragraph (1); and 

4 ‘‘(C) an increase in knowledge of— 

5 ‘‘(i) the factors determining the air 

6 quality and human health changes associ7 ated with transportation emission reduction 

8 actions; and 

9 ‘‘(ii) other information to more accu10 rately understand the validity of current es11 timation and modeling routines and ways 

12 to improve those routines. 

13 ‘‘(3) ADMINISTRATIVE ELEMENTS.—To carry out 

14 this subsection, the Secretary shall— 

15 ‘‘(A) make a grant for the coordination, se16 lection, management, and reporting of compo17 nent studies to an independent scientific research 

18 organization with the necessary experience in 

19 successfully conducting accountability and other 

20 studies on mobile source air pollutants and asso21 ciated health effects; 

22 ‘‘(B) ensure that case studies are identified 

23 and conducted by teams selected through a com24 petitive solicitation overseen by an independent 

25 committee of unbiased experts; and 


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1 ‘‘(C) ensure that all findings and reports 

2 are peer-reviewed and published in a form that 

3 presents the findings together with reviewer com4 ments. 

5 ‘‘(4) REPORT.—The Secretary shall submit to the 

6 Committee on Environment and Public Works of the 

7 Senate and the Committee on Transportation and In8 frastructure of the House of Representatives— 

9 ‘‘(A) not later than 1 year after the date of 

10 enactment of the MAP–21, and for the following 

11 year, a report providing an initial scoping and 

12 plan, and status updates, respectively, for the 

13 program under this subsection; and 

14 ‘‘(B) not later than 2 years after the date 

15 of enactment of the MAP–21, a final report that 

16 describes the findings of, and recommendations 

17 resulting from, the program under this sub18 section. 

19 ‘‘(5) FUNDING.—Of the amounts made available 

20 to carry out this section, the Secretary shall make 

21 available to carry out this subsection not more than 

22 $1,000,000 for each fiscal year.’’. 

23 (b) CONFORMING AMENDMENT.—The analysis for 

24 chapter 5 of title 23, United States Code, is amended by 


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1 striking the item relating to section 503 and inserting the 

2 following: 

‘‘503. Research and technology development and deployment.’’. 

3 SEC. 2204. TRAINING AND EDUCATION. 

4 Section 504 of title 23, United States Code, is 

5 amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (2)(A) by inserting ‘‘and 

8 the employees of any other applicable Federal 

9 agency’’ before the semicolon at the end; 

10 (B) in paragraph (3)(A)(ii)(V) by striking 

11 ‘‘expediting’’ and inserting ‘‘reducing the 

12 amount of time required for’’; 

13 (C) by striking paragraph (4); 

14 (D) by redesignating paragraphs (5) 

15 through (8) as paragraphs (4) through (7), re16 spectively; and 

17 (E) in paragraph (7) (as redesignated by 

18 subparagraph (D)) by striking ‘‘paragraph (7)’’ 

19 and inserting ‘‘paragraph (6)’’; 

20 (2) in subsection (b) by striking paragraph (3) 

21 and inserting the following: 

22 ‘‘(3) FEDERAL SHARE.— 

23 ‘‘(A) LOCAL TECHNICAL ASSISTANCE CEN24 TERS.— 


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1 ‘‘(i) IN GENERAL.—Subject to sub2 paragraph (B), the Federal share of the 

3 cost of an activity carried out by a local 

4 technical assistance center under para5 graphs (1) and (2) shall be 50 percent. 

6 ‘‘(ii) NON-FEDERAL SHARE.—The 

7 non-Federal share of the cost of an activity 

8 described in clause (i) may consist of 

9 amounts provided to a recipient under sub10 section (e) or section 505, up to 100 per11 cent of the non-Federal share. 

12 ‘‘(B) TRIBAL TECHNICAL ASSISTANCE

13 CENTERS.—The Federal share of the cost of an 

14 activity carried out by a tribal technical assist15 ance center under paragraph (2)(D)(ii) shall be 

16 100 percent.’’; 

17 (3) in subsection (c)(2)— 

18 (A) by striking ‘‘The Secretary’’ and in19 serting the following: 

20 ‘‘(A) IN GENERAL.—The Secretary’’; 

21 (B) in subparagraph (A) (as designated by 

22 subparagraph (A)) by striking ‘‘. The program’’ 

23 and inserting ‘‘, which program’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(B) USE OF AMOUNTS.—Amounts pro2 vided to institutions of higher education to 

3 carry out this paragraph shall be used to pro4 vide direct support of student expenses.’’; 

5 (4) in subsection (e)(1)— 

6 (A) in the matter preceding subparagraph 

7 (A) by striking ‘‘sections 104(b)(1), 104(b)(2), 

8 104(b)(3), 104(b)(4), and 144(e)’’ and insert9 ing ‘‘paragraphs (1) through (4) of section 

10 104(b)’’; 

11 (B) in subparagraph (D) by striking ‘‘and’’ 

12 at the end; 

13 (C) in subparagraph (E) by striking the 

14 period and inserting a semicolon; and 

15 (D) by adding at the end the following: 

16 ‘‘(F) meetings of transportation profes17 sionals that include education and professional 

18 development activities; 

19 ‘‘(G) activities carried out by the National 

20 Highway Institute under subsection (a); and 

21 ‘‘(H) local technical assistance programs 

22 under subsection (b).’’; 

23 (5) in subsection (f) in the heading, by striking 

24 ‘‘PILOT’’; 


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1 (6) in subsection (g)(4)(F) by striking ‘‘excel2 lence’’ and inserting ‘‘stewardship’’; and 

3 (7) by adding at the end the following: 

4 ‘‘(h) REGIONAL SURFACE WORKFORCE DEVELOP5 MENT CENTERS.— 

6 ‘‘(1) IN GENERAL.—The Secretary may make 

7 grants under this section to nonprofit institutions of 

8 higher education to establish and operate 5 regional 

9 workforce development centers. 

10 ‘‘(2) USE OF AMOUNTS.— 

11 ‘‘(A) IN GENERAL.—Amounts made avail12 able under this subsection shall be used by a re13 cipient to identify, promote, and advance pro14 grams and activities that provide for a skilled, 

15 technically competent surface transportation 

16 workforce, including— 

17 ‘‘(i) programs carried out through ele18 mentary and secondary schools; 

19 ‘‘(ii) programs carried out through 

20 community colleges; and 

21 ‘‘(iii) technical training and appren22 ticeship programs that are carried out in 

23 coordination with labor organizations, em24 ployers, and other relevant stakeholders. 


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1 ‘‘(B) OPTIONAL USE.—Amounts made 

2 available under this subsection may be used to 

3 support professional development activities for 

4 inservice transportation workers. 

5 ‘‘(3) CONSULTATION.—In carrying out this sub6 section, each regional workforce development center 

7 shall consult with stakeholders in the education and 

8 transportation communities, including organizations 

9 representing the interests of— 

10 ‘‘(A) elementary and secondary schools; 

11 ‘‘(B) institutions of higher education; 

12 ‘‘(C) inservice transportation workers; and 

13 ‘‘(D) transportation professionals. 

14 ‘‘(i) CENTERS FOR SURFACE TRANSPORTATION EX15 CELLENCE.— 

16 ‘‘(h) CENTERS FOR SURFACE TRANSPORTATION EX17 CELLENCE.— 

18 ‘‘(1) IN GENERAL.—The Secretary may make 

19 grants under this section to establish and maintain 

20 centers for surface transportation excellence. 

21 ‘‘(2) GOALS.—The goals of a center referred to in 

22 paragraph (1) shall be to promote and support stra23 tegic national surface transportation programs and 

24 activities relating to the work of State departments of 

25 transportation in the areas of environment, surface 


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1 transportation safety, rural safety, and project fi2 nance.’’. 

3 SEC. 2205. STATE PLANNING AND RESEARCH. 

4 Section 505 of title 23, United States Code, is 

5 amended— 

6 (1) in subsection (a)— 

7 (A) in the matter preceding paragraph (1) 

8 by striking ‘‘section 104 (other than sections 

9 104(f) and 104(h)) and under section 144’’ and 

10 inserting ‘‘paragraphs (1) through (5) of sec11 tion 104(b)’’; and 

12 (B) in paragraph (3) by striking ‘‘under 

13 section 303’’ and inserting ‘‘, plans, and proc14 esses under sections 119, 148, 149, and 167’’; 

15 (2) in subsection (b)— 

16 (A) in paragraph (1) by striking ‘‘25’’ and 

17 inserting ‘‘24’’; and 

18 (B) in paragraph (2) by striking ‘‘75 per19 cent of the funds described in paragraph (1)’’ 

20 and inserting ‘‘70 percent of the funds de21 scribed in subsection (a)’’; 

22 (3) by redesignating subsections (c) and (d) as 

23 subsections (d) and (e), respectively; 

24 (4) by inserting after subsection (b) the fol25 lowing: 


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1 ‘‘(c) IMPLEMENTATION OF FUTURE STRATEGIC

2 HIGHWAY RESEARCH PROGRAM FINDINGS AND RE3 SULTS.— 

4 ‘‘(1) FUNDS.—Not lessNot less than 6 percent 

5 of the funds subject to subsection (a) that are ap6 portioned to a State for a fiscal year shall be made 

7 available to the Secretary to carry out section 

8 503(c)(2)(C). 

9 ‘‘(2) TREATMENT OF FUNDS.—FundsFunds ex10 pended under paragraph (1) shall not be considered 

11 to be part of the extramural budget of the agency 

12 for the purpose of section 9 of the Small Business 

13 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 Secretary, 

17 in conjunction with the Administrators of the Fed18 eral Highway Administration and the Federal Tran19 sit 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. 

23 ‘‘(ii) SOURCES.—The matching 

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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 The requirements of subsection (c)(3)(C) shall 

18 not apply upon demonstration of financial hard19 ship by the applicant institution. 

20 ‘‘(d) PROGRAM COORDINATION.— 

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

22 ‘‘(A) coordinate the research, education, 

23 and technology transfer activities carried out by 

24 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. EstablishmentDefinitions. 

‘‘6302. DirectorBureau of Transportation Statistics. 

‘‘6303. ResponsibilitiesIntermodal 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. Prohibition on certain disclosures Proceeds of data product sales. 

‘‘6309. Data access. 

‘‘63106308. Proceeds of data product sales. 

‘‘63116309. Information collection. 

‘‘63126310. National transportation atlas database. 

‘‘63136311. Limitations on statutory construction. 

‘‘63146312. Research and development grants. 

‘‘63156313. Transportation statistics annual report. 

‘‘63166314. 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 

23 of movement of people, including local, interregional, 

24 and international movements, by all modes of transVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00539 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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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 ‘‘(a) FREIGHT DATA COLLECTION.— 

7 ‘‘(1) IN GENERAL.—An owner, official, agent, 

8 person in charge, or assistant to the person in 

9 charge of any a freight corporation, company, busi10 ness, institution, establishment, or organization de11 scribed in paragraph (2) shall be fined in accordance 

12 with subsection (b) if that individual neglects or re13 fuses, when requested by the Director or other au14 thorized officer, employee, or contractor of the Bu15 reau to submit data under section 6302(b)(3)(B)— 

16 ‘‘(1) to answer completely and correctly to the 

17 ‘‘(A) to answer completely and correctly to 

18 the best knowledge of that individual all ques19 tions relating to the corporation, company, busi20 ness, institution, establishment, or other organi21 zation; or 

22 ‘‘(2) to make available records or statistics in 

23 ‘‘(B) to make available records or statistics 

24 in the official custody of the individual. 


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1 ‘‘(2) DESCRIPTION OF ENTITIES.—A freight cor2 poration, company, business, institution, establish3 ment, or organization referred to in paragraph (1) is 

4 a corporation, company, business, institution, estab5 lishment, or organization that— 

6 ‘‘(A) receives Federal funds relating to the 

7 freight program; and 

8 ‘‘(B) has consented to be subject to a fine 

9 under this subsection on— 

10 ‘‘(i) refusal to supply any data re11 quested; or 

12 ‘‘(ii) failure to respond to a written re13 quest. 

14 ‘‘(b) FINES.— 

15 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

16 an individual described in subsection (a) shall be 

17 fined not more than $500. 

18 ‘‘(2) WILLFUL ACTIONS.—If an individual will19 fully gives a false answer to a question described in 

20 subsection (a)(1), the individual shall be fined not 

21 more than $10,000.’’. 

22 (b) RULES OF CONSTRUCTION.—If the provisions of 

23 section 111 of title 49, United States Code, are trans24 ferred to chapter 63 of that title, the following rules of 

25 construction apply: 


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1 (1) For purposes of determining whether 1 pro2 vision of law supersedes another based on enactment 

3 later in time, a chapter 63 provision is deemed to 

4 have been enacted on the date of enactment of the 

5 corresponding section 111 provision. 

6 (2) A reference to a section 111 provision, in7 cluding a reference in a regulation, order, or other 

8 law, is deemed to refer to the corresponding chapter 

9 63 provision. 

10 (3) A regulation, order, or other administrative 

11 action in effect under a section 111 provision con12 tinues in effect under the corresponding chapter 63 

13 provision. 

14 (4) An action taken or an offense committed 

15 under a section 111 provision is deemed to have 

16 been taken or committed under the corresponding 

17 chapter 63 provision. 

18 (c) CONFORMING AMENDMENTS.— 

19 (1) REPEAL.—Section 111 of title 49, United 

20 States Code, is repealed, and the item relating to 

21 section 111 in the analysis of chapter 1 of that title 

22 is deleted. 

23 (2) ANALYSIS OF SUBTITLE III.—The analysis 

24 for subtitle III of title 49, United States Code, is 


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1 amended by inserting after the items for chapter 61 

2 the following: 

‘‘Chapter 63. Bureau of Transportation Statistics .................................. ’’. 

3 SEC. 2211. ADMINISTRATIVE AUTHORITY. 

4 Section 112 of title 49, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(f) PROMOTIONAL AUTHORITY.—Amounts author7 ized to be appropriated for the administration and oper8 ation of the Research and Innovative Technology Adminis9 tration may be used to purchase promotional items of 

10 nominal value for use by the Administrator of the Re11 search and Innovative Technology Administration in the 

12 recruitment of individuals and promotion of the programs 

13 of the Administration. 

14 ‘‘(g) PROGRAM EVALUATION AND OVERSIGHT.—For 

15 each of fiscal years 2012 and 2013, the Administrator 

may expend not more than 11 16 ⁄2 percent of the amounts 

17 authorized to be appropriated for the administration and 

18 operation of the Research and Innovative Technology Ad19 ministration to carry out the coordination, evaluation, and 

20 oversight of the programs administered by the Administra21 tion. 

22 ‘‘(h) COLLABORATIVE RESEARCH AND DEVELOP23 MENT.— 

24 ‘‘(1) IN GENERAL.—To encourage innovative 

25 solutions to multimodal transportation problems and 


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1 stimulate the deployment of new technology, the Ad2 ministrator may carry out, on a cost-shared basis, 

3 collaborative research and development with— 

4 ‘‘(A) non-Federal entities, including State 

5 and local governments, foreign governments, in6 stitutions of higher education, corporations, in7 stitutions, partnerships, sole proprietorships, 

8 and trade associations that are incorporated or 

9 established under the laws of any State; 

10 ‘‘(B) Federal laboratories; and 

11 ‘‘(C) other Federal agencies. 

12 ‘‘(2) COOPERATION, GRANTS, CONTRACTS, AND

13 AGREEMENTS.—Notwithstanding any other provision 

14 of law, the Administrator may directly initiate con15 tracts, grants, cooperative research and development 

16 agreements (as defined in section 12 of the Steven17 son-Wydler Technology Innovation Act of 1980 (15 

18 U.S.C. 3710a)), and other agreements to fund, and 

19 accept funds from, the Transportation Research 

20 Board of the National Research Council of the Na21 tional Academy of Sciences, State departments of 

22 transportation, cities, counties, institutions of higher 

23 education, associations, and the agents of those enti24 ties to carry out joint transportation research and 

25 technology efforts. 


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1 ‘‘(3) FEDERAL SHARE.— 

2 ‘‘(A) IN GENERAL.—Subject to subpara3 graph (B), the Federal share of the cost of an 

4 activity carried out under paragraph (2) shall 

5 not exceed 50 percent. 

6 ‘‘(B) EXCEPTION.—If the Secretary deter7 mines that the activity is of substantial public 

8 interest or benefit, the Secretary may approve 

9 a greater Federal share. 

10 ‘‘(C) NON-FEDERAL SHARE.—All costs di11 rectly incurred by the non-Federal partners, in12 cluding personnel, travel, facility, and hardware 

13 development costs, shall be credited toward the 

14 non-Federal share of the cost of an activity de15 scribed in subparagraph (A). 

16 ‘‘(4) USE OF TECHNOLOGY.—The research, de17 velopment, or use of a technology under a contract, 

18 grant, cooperative research and development agree19 ment, or other agreement entered into under this 

20 subsection, including the terms under which the 

21 technology may be licensed and the resulting royal22 ties may be distributed, shall be subject to the Ste23 venson-Wydler Technology Innovation Act of 1980 

24 (15 U.S.C. 3701 et seq.). 


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1 ‘‘(5) WAIVER OF ADVERTISING REQUIRE2 MENTS.—Section 3709 of the Revised Statutes (41 

3 U.S.C. 5) shall not apply to a contract, grant, or 

4 other agreement entered into under this section.’’. 

5 SEC. 2212. TRANSPORTATION RESEARCH AND DEVELOP6 MENT STRATEGIC PLANNING. 

7 Section 508(a)(2) of title 23, United States Code, is 

8 amended by striking subparagraph (A) and inserting the 

9 following: 

10 ‘‘(A) describe the primary purposes of the 

11 transportation research and development pro12 gram, which shall include, at a minimum— 

13 ‘‘(i) promoting safety; 

14 ‘‘(ii) reducing congestion and improv15 ing mobility; 

16 ‘‘(iii) protecting and enhancing the 

17 environment; 

18 ‘‘(iv) preserving the existing transpor19 tation system; 

20 ‘‘(v) improving the durability and ex21 tending the life of transportation infra22 structure; and 

23 ‘‘(vi) improving goods movement;’’. 


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1 SEC. 2213. NATIONAL ELECTRONIC VEHICLE CORRIDORS 

2 AND RECHARGING INFRASTRUCTURE NET3 WORK. 

4 (a) IN GENERAL.—Not later than 1 year after the date 

5 of enactment of this Act, the Secretary shall establish a 

6 stakeholder-driven process to develop a plan and map of 

7 a potential national network of electric vehicle corridors 

8 and recharging infrastructure. 

9 (b) REQUIREMENTS.—The plan under subsection (a) 

10 shall— 

11 (1) project the near- and long-term need for and 

12 location of electric vehicle refueling infrastructure at 

13 strategic locations across all major national high14 ways, roads, and corridors; 

15 (2) identify infrastructure and standardization 

16 needs for electricity providers, infrastructure pro17 viders, vehicle manufacturers, and electricity pur18 chasers; and 

19 (3) establish an aspirational goal of achieving 

20 strategic deployment of electric vehicle infrastructure 

21 by 2020. 

22 (c) STAKEHOLDERS.—In developing the plan under 

23 subsection (a), the Secretary shall involve, on a voluntary 

24 basis, stakeholders that include— 

25 (1) the heads of other Federal agencies; 

26 (2) State and local officials; 


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1 (3) representatives of— 

2 (A) energy utilities; 

3 (B) the vehicles industry; 

4 (C) the freight and shipping industry; 

5 (D) clean technology firms; 

6 (E) the hospitality industry; 

7 (F) the restaurant industry; and 

8 (G) highway rest stop vendors; and 

9 (4) such other stakeholders as the Secretary de10 termines to be necessary. 

11 Subtitle C—Funding Intelligent 

12 Transportation Systems Research 

13 SEC. 2301. USE OF FUNDS FOR ITS ACTIVITIES. 

14 Section 513 of title 23, United States Code, is 

15 amended to read as follows: 

16 ‘‘§ 513. Use of funds for ITS activities. 

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

18 definitions apply: 

19 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en20 tity’ means a State or local government, tribal gov21 ernment, transit agency, public toll authority, metro22 politan planning organization, other political subdivi23 sion of a State or local government, or a multistate 

24 or multijurisdictional group applying through a sin25 gle lead applicant. 


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1 ‘‘(2) MULTIJURISDICTIONAL GROUP.—The term 

2 ‘multijurisdictional group’ means a combination of 

3 State governments, local governments, metropolitan 

4 planning agencies, transit agencies, or other political 

5 subdivisions of a State that— 

6 ‘‘(A) have signed a written agreement to 

7 implement an activity that meets the grant cri8 teria under this section; and 

9 ‘‘(B) is comprised of at least 2 members, 

10 each of whom is an eligible entity. 

11 ‘‘(b) PURPOSE.—The purpose of this section is to de12 velop, administer, communicate, and promote the use of 

13 products of research, technology, and technology transfer 

14 programs. 

15 ‘‘(c) ITS DEPLOYMENT INCENTIVES.— 

16 ‘‘(1) IN GENERAL.—The Secretary may— 

17 ‘‘(A) develop and implement incentives to 

18 accelerate deployment of ITS technologies and 

19 services within all funding programs authorized 

20 by the MAP-21; and 

21 ‘‘(B) for each fiscal year, use amounts 

22 made available to the Secretary to carry out in23 telligent transportation systems outreach, in24 cluding through the use of websites, public rela25 tions, displays, tours, and brochures. 


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1 ‘‘(2) COMPREHENSIVE PLAN.—To carry out 

2 this section, the Secretary shall develop a detailed 

3 and comprehensive plan that addresses the manner 

4 in which incentives may be adopted through the ex5 isting deployment activities carried out by surface 

6 transportation modal administrations. 

7 ‘‘(d) SYSTEM OPERATIONS AND ITS DEPLOYMENT

8 GRANT PROGRAM.— 

9 ‘‘(1) ESTABLISHMENT.—The Secretary shall es10 tablish a competitive grant program to accelerate the 

11 deployment, operation, systems management, inter12 modal integration, and interoperability of the ITS 

13 program and ITS-enabled operational strategies— 

14 ‘‘(A) to measure and improve the perform15 ance of the surface transportation system; 

16 ‘‘(B) to reduce traffic congestion and the 

17 economic and environmental impacts of traffic 

18 congestion; 

19 ‘‘(C) to minimize fatalities and injuries; 

20 ‘‘(D) to enhance mobility of people and 

21 goods; 

22 ‘‘(E) to improve traveler information and 

23 services; and 

24 ‘‘(F) to optimize existing roadway capacity. 


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1 ‘‘(2) APPLICATION.—To be considered for a 

2 grant under this subsection, an eligible entity shall 

3 submit an application to the Secretary that in4 cludes— 

5 ‘‘(A) a plan to deploy and provide for the 

6 long-term operation and maintenance of intel7 ligent transportation systems to improve safety, 

8 efficiency, system performance, and return on 

9 investment, such as— 

10 ‘‘(i) real-time integrated traffic, tran11 sit, and multimodal transportation infor12 mation; 

13 ‘‘(ii) advanced traffic, freight, park14 ing, and incident management systems; 

15 ‘‘(iii) advanced technologies to im16 prove transit and commercial vehicle oper17 ations; 

18 ‘‘(iv) synchronized, adaptive, and 

19 transit preferential traffic signals; 

20 ‘‘(v) advanced infrastructure condition 

21 assessment technologies; and 

22 ‘‘(vi) other technologies to improve 

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1 tegration and for achieving performance 

2 goals; 

3 ‘‘(B) quantifiable system performance im4 provements, including— 

5 ‘‘(i) reductions in traffic-related 

6 crashes, congestion, and costs; 

7 ‘‘(ii) optimization of system efficiency; 

8 and 

9 ‘‘(iii) improvement of access to trans10 portation services; 

11 ‘‘(C) quantifiable safety, mobility, and en12 vironmental benefit projections, including data 

13 driven estimates of the manner in which the 

14 project will improve the transportation system 

15 efficiency and reduce traffic congestion in the 

16 region; 

17 ‘‘(D) a plan for partnering with the private 

18 sector, including telecommunications industries 

19 and public service utilities, public agencies (in20 cluding multimodal and multijurisdictional enti21 ties), research institutions, organizations rep22 resenting transportation and technology leaders, 

23 and other transportation stakeholders; 

24 ‘‘(E) a plan to leverage and optimize exist25 ing local and regional ITS investments; and 


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1 ‘‘(F) a plan to ensure interoperability of 

2 deployed technologies with other tolling, traffic 

3 management, and intelligent transportation sys4 tems. 

5 ‘‘(3) SELECTION.— 

6 ‘‘(A) IN GENERAL.—Not later than 1 year 

7 after the date of enactment of the MAP-21, the 

8 Secretary may provide grants to eligible entities 

9 under this section. 

10 ‘‘(B) GEOGRAPHIC DIVERSITY.—In award11 ing a grant under this section, the Secretary 

12 shall ensure, to the maximum extent prac13 ticable, that grant recipients represent diverse 

14 geographical areas of the United States, includ15 ing urban, suburban, and rural areas. 

16 ‘‘(C) NON-FEDERAL SHARE.—In awarding 

17 a grant under the section, the Secretary shall 

18 give priority to grant recipients that dem19 onstrate an ability to contribute a significant 

20 non-Federal share to the cost of carrying out 

21 the project for which the grant is received. 

22 ‘‘(4) ELIGIBLE USES.—Projects for which 

23 grants awarded under this section may be used in24 clude— 


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1 ‘‘(A) the establishment and implementation 

2 of ITS and ITS-enabled operations strategies 

3 that improve performance in the areas of— 

4 ‘‘(i) traffic operations; 

5 ‘‘(ii) emergency response to surface 

6 transportation incidents; 

7 ‘‘(iii) incident management; 

8 ‘‘(iv) transit and commercial vehicle 

9 operations improvements; 

10 ‘‘(v) weather event response manage11 ment by State and local authorities; 

12 ‘‘(vi) surface transportation network 

13 and facility management; 

14 ‘‘(vii) construction and work zone 

15 management; 

16 ‘‘(viii) traffic flow information; 

17 ‘‘(ix) freight management; and 

18 ‘‘(x) congestion management; 

19 ‘‘(B) carrying out activities that support 

20 the creation of networks that link metropolitan 

21 and rural surface transportation systems into 

22 an integrated data network, capable of col23 lecting, sharing, and archiving transportation 

24 system traffic condition and performance infor25 mation; 


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1 ‘‘(C) the implementation of intelligent 

2 transportation systems and technologies that 

3 improve highway safety through information 

4 and communications systems linking vehicles, 

5 infrastructure, mobile devices, transportation 

6 users, and emergency responders; 

7 ‘‘(D) the provision of services necessary to 

8 ensure the efficient operation and management 

9 of ITS infrastructure, including costs associated 

10 with communications, utilities, rent, hardware, 

11 software, labor, administrative costs, training, 

12 and technical services; 

13 ‘‘(E) the provision of support for the es14 tablishment and maintenance of institutional 

15 relationships between transportation agencies, 

16 police, emergency medical services, private 

17 emergency operators, freight operators, ship18 pers, and public service utilities public service 

19 utilities, and telecommunications providers; 

20 ‘‘(F) carrying out multimodal and 

21 crossjurisdictional planning and deployment of 

22 regional transportation systems operations and 

23 management approaches; and 

24 ‘‘(G) performing project evaluations to de25 termine the costs, benefits, lessons learned, and 


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1 future deployment strategies associated with the 

2 deployment of intelligent transportation sys3 tems. 

4 ‘‘(5) REPORT TO SECRETARY.—For each fiscal 

5 year that an eligible entity receives a grant under 

6 this section, not later than 1 year after receiving 

7 that grant, each recipient shall submit a report to 

8 the Secretary that describes how the project has met 

9 the expectations projected in the deployment plan 

10 submitted with the application, including— 

11 ‘‘(A) data on how the program has helped 

12 reduce traffic crashes, congestion, costs, and 

13 other benefits of the deployed systems; 

14 ‘‘(B) data on the effect of measuring and 

15 improving transportation system performance 

16 through the deployment of advanced tech17 nologies; 

18 ‘‘(C) the effectiveness of providing real19 time integrated traffic, transit, and multimodal 

20 transportation information to the public that al21 lows the public to make informed travel deci22 sions; and 

23 ‘‘(D) lessons learned and recommendations 

24 for future deployment strategies to optimize 


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1 transportation efficiency and multimodal system 

2 performance. 

3 ‘‘(6) REPORT TO CONGRESS.—Not later than 2 

4 years after date on which the first grant is awarded 

5 under this section and annually thereafter for each 

6 fiscal year for which grants are awarded under this 

7 section, the Secretary shall submit to Congress a re8 port that describes the effectiveness of the grant re9 cipients in meeting the projected deployment plan 

10 goals, including data on how the grant program 

11 has— 

12 ‘‘(A) reduced traffic-related fatalities and 

13 injuries; 

14 ‘‘(B) reduced traffic congestion and im15 proved travel time reliability; 

16 ‘‘(C) reduced transportation-related emis17 sions; 

18 ‘‘(D) optimized multimodal system per19 formance; 

20 ‘‘(E) improved access to transportation al21 ternatives; 

22 ‘‘(F) provided the public with access to 

23 real-time integrated traffic, transit, and 

24 multimodal transportation information to make 

25 informed travel decisions; 


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1 ‘‘(G) provided cost savings to transpor2 tation agencies, businesses, and the traveling 

3 public; and 

4 ‘‘(H) provided other benefits to transpor5 tation users and the general public. 

6 ‘‘(7) ADDITIONAL GRANTS.—If the Secretary 

7 determines, based on a report submitted under para8 graph (5), that a grant recipient is not complying 

9 with the established grant criteria, the Secretary 

10 may— 

11 ‘‘(A) cease payment to the recipient of any 

12 remaining grant amounts; and 

13 ‘‘(B) redistribute any remaining amounts 

14 to other eligible entities under this section. 

15 ‘‘(8) NON-FEDERAL SHARE.—The Federal 

16 share of a grant under this section shall not exceed 

17 50 percent of the cost of the project. 

18 ‘‘(9) GRANT LIMITATION.—The Secretary may 

19 not award more than 10 percent of the amounts pro20 vided under this section to a single grant recipient 

21 in any fiscal year. 

22 ‘‘(10) MULTIYEAR GRANTS.—Subject to avail23 ability of amounts, the Secretary may provide an eli24 gible entity with grant amounts for a period of mul25 tiple fiscal years. 


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1 ‘‘(11) FUNDING.—Of the funds authorized to 

2 be appropriated to carry out the intelligent transpor3 tation system program under sections 512 through 

4 518, not less than 50 percent of such funds shall be 

5 used to carry out this subsection.’’. 

6 SEC. 2302. GOALS AND PURPOSES. 

7 (a) IN GENERAL.—Chapter 5 of title 23, United 

8 States Code, is amended by adding after section 513 the 

9 following: 

10 ‘‘§ 514. Goals and purposes 

11 ‘‘(a) GOALS.—The goals of the intelligent transpor12 tation system program include— 

13 ‘‘(1) enhancement of surface transportation ef14 ficiency and facilitation of intermodalism and inter15 national trade to enable existing facilities to meet a 

16 significant portion of future transportation needs, 

17 including public access to employment, goods, and 

18 services and to reduce regulatory, financial, and 

19 other transaction costs to public agencies and sys20 tem users; 

21 ‘‘(2) achievement of national transportation 

22 safety goals, including enhancement of safe oper23 ation of motor vehicles and nonmotorized vehicles 

24 and improved emergency response to collisions, with 


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1 particular emphasis on decreasing the number and 

2 severity of collisions; 

3 ‘‘(3) protection and enhancement of the natural 

4 environment and communities affected by surface 

5 transportation, with particular emphasis on assisting 

6 State and local governments to achieve national en7 vironmental goals; 

8 ‘‘(4) accommodation of the needs of all users of 

9 surface transportation systems, including operators 

10 of commercial motor vehicles, passenger motor vehi11 cles, motorcycles, bicycles, and pedestrians (includ12 ing individuals with disabilities); and 

13 ‘‘(5) enhancement of national defense mobility 

14 and improvement of the ability of the United States 

15 to respond to security-related or other manmade 

16 emergencies and natural disasters. 

17 ‘‘(b) PURPOSES.—The Secretary shall implement ac18 tivities under the intelligent transportation system pro19 gram, at a minimum— 

20 ‘‘(1) to expedite, in both metropolitan and rural 

21 areas, deployment and integration of intelligent 

22 transportation systems for consumers of passenger 

23 and freight transportation; 

24 ‘‘(2) to ensure that Federal, State, and local 

25 transportation officials have adequate knowledge of 


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1 intelligent transportation systems for consideration 

2 in the transportation planning process; 

3 ‘‘(3) to improve regional cooperation and oper4 ations planning for effective intelligent transpor5 tation system deployment; 

6 ‘‘(4) to promote the innovative use of private 

7 resources in support of intelligent transportation 

8 system development; 

9 ‘‘(5) to facilitate, in cooperation with the motor 

10 vehicle industry, the introduction of vehicle-based 

11 safety enhancing systems; 

12 ‘‘(6) to support the application of intelligent 

13 transportation systems that increase the safety and 

14 efficiency of commercial motor vehicle operations; 

15 ‘‘(7) to develop a workforce capable of devel16 oping, operating, and maintaining intelligent trans17 portation systems; 

18 ‘‘(8) to provide continuing support for oper19 ations and maintenance of intelligent transportation 

20 systems; and 

21 ‘‘(9) to ensure a systems approach that includes 

22 cooperation among vehicles, infrastructure, and 

23 users.’’. 


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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 513 the following: 

‘‘514. Goals and purposes.’’. 

4 SEC. 2303. GENERAL AUTHORITIES AND REQUIREMENTS. 

5 (a) IN GENERAL.—Chapter 5 of title 23, United 

6 States Code, is amended by adding after section 514 (as 

7 added by section 2302) the following: 

8 ‘‘§ 515. General authorities and requirements 

9 ‘‘(a) SCOPE.—Subject to the provisions of this chap10 ter, the Secretary shall conduct an ongoing intelligent 

11 transportation system program— 

12 ‘‘(1) to research, develop, and operationally test 

13 intelligent transportation systems; and 

14 ‘‘(2) to provide technical assistance in the na15 tionwide application of those systems as a compo16 nent of the surface transportation systems of the 

17 United States. 

18 ‘‘(b) POLICY.—Intelligent transportation system re19 search projects and operational tests funded pursuant to 

20 this chapter shall encourage and not displace public-pri21 vate partnerships or private sector investment in those 

22 tests and projects. 

23 ‘‘(c) COOPERATION WITH GOVERNMENTAL, PRI24 VATE, AND EDUCATIONAL ENTITIES.—The Secretary 

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1 gram in cooperation with State and local governments and 

2 other public entities, the private sector firms of the United 

3 States, the Federal laboratories, and institutions of higher 

4 education, including historically Black colleges and univer5 sities and other minority institutions of higher education. 

6 ‘‘(d) CONSULTATION WITH FEDERAL OFFICIALS.— 

7 In carrying out the intelligent transportation system pro8 gram, the Secretary shall consult with the heads of other 

9 Federal agencies, as appropriate. 

10 ‘‘(e) TECHNICAL ASSISTANCE, TRAINING, AND IN11 FORMATION.—The Secretary may provide technical assist12 ance, training, and information to State and local govern13 ments seeking to implement, operate, maintain, or evalu14 ate intelligent transportation system technologies and 

15 services. 

16 ‘‘(f) TRANSPORTATION PLANNING.—The Secretary 

17 may provide funding to support adequate consideration of 

18 transportation systems management and operations, in19 cluding intelligent transportation systems, within metro20 politan and statewide transportation planning processes. 

21 ‘‘(g) INFORMATION CLEARINGHOUSE.— 

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

23 ‘‘(A) maintain a repository for technical 

24 and safety data collected as a result of federally 


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1 sponsored projects carried out under this chap2 ter; and 

3 ‘‘(B) make, on request, that information 

4 (except for proprietary information and data) 

5 readily available to all users of the repository at 

6 an appropriate cost. 

7 ‘‘(2) AGREEMENT.— 

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

9 enter into an agreement with a third party for 

10 the maintenance of the repository for technical 

11 and safety data under paragraph (1)(A). 

12 ‘‘(B) FEDERAL FINANCIAL ASSISTANCE.— 

13 If the Secretary enters into an agreement with 

14 an entity for the maintenance of the repository, 

15 the entity shall be eligible for Federal financial 

16 assistance under this section. 

17 ‘‘(3) AVAILABILITY OF INFORMATION.—Infor18 mation in the repository shall not be subject to sec19 tions 552 and 555 of title 5, United States Code. 

20 ‘‘(h) ADVISORY COMMITTEE.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall estab22 lish an Advisory Committee to advise the Secretary 

23 on carrying out this chapter. 

24 ‘‘(2) MEMBERSHIP.—The Advisory Committee 

25 shall have no more than 20 members, be balanced 


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1 between metropolitan and rural interests, and in2 clude, at a minimum— 

3 ‘‘(A) a representative from a State high4 way department; 

5 ‘‘(B) a representative from a local highway 

6 department who is not from a metropolitan 

7 planning organization; 

8 ‘‘(C) a representative from a State, local, 

9 or regional transit agency; 

10 ‘‘(D) a representative from a metropolitan 

11 planning organization; 

12 ‘‘(E) a private sector user of intelligent 

13 transportation system technologies; 

14 ‘‘(F) an academic researcher with expertise 

15 in computer science or another information 

16 science field related to intelligent transportation 

17 systems, and who is not an expert on transpor18 tation issues; 

19 ‘‘(G) an academic researcher who is a civil 

20 engineer; 

21 ‘‘(H) an academic researcher who is a so22 cial scientist with expertise in transportation 

23 issues; 


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1 ‘‘(I) a representative from a nonprofit 

2 group representing the intelligent transpor3 tation system industry; 

4 ‘‘(J) a representative from a public interest 

5 group concerned with safety; 

6 ‘‘(K) a representative from a public inter7 est group concerned with the impact of the 

8 transportation system on land use and residen9 tial patterns; and 

10 ‘‘(L) members with expertise in planning, 

11 safety, telecommunications, utilities, and oper12 ations. 

13 ‘‘(3) DUTIES.—The Advisory Committee shall, 

14 at a minimum, perform the following duties: 

15 ‘‘(A) Provide input into the development of 

16 the intelligent transportation system aspects of 

17 the strategic plan under section 508. 

18 ‘‘(B) Review, at least annually, areas of in19 telligent transportation systems research being 

20 considered for funding by the Department, to 

21 determine— 

22 ‘‘(i) whether these activities are likely 

23 to advance either the state-of-the-practice 

24 or state-of-the-art in intelligent transpor25 tation systems; 


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1 ‘‘(ii) whether the intelligent transpor2 tation system technologies are likely to be 

3 deployed by users, and if not, to determine 

4 the barriers to deployment; and 

5 ‘‘(iii) the appropriate roles for govern6 ment and the private sector in investing in 

7 the research and technologies being consid8 ered. 

9 ‘‘(4) REPORT.—Not later than February 1 of 

10 each year after the date of enactment of the MAP11 21, the Secretary shall submit to Congress a report 

12 that includes— 

13 ‘‘(A) all recommendations made by the Ad14 visory Committee during the preceding calendar 

15 year; 

16 ‘‘(B) an explanation of the manner in 

17 which the Secretary has implemented those rec18 ommendations; and 

19 ‘‘(C) for recommendations not imple20 mented, the reasons for rejecting the rec21 ommendations. 

22 ‘‘(5) APPLICABILITY OF FEDERAL ADVISORY

23 COMMITTEE ACT.—The Advisory Committee shall be 

24 subject to the Federal Advisory Committee Act (5 

25 U.S.C. App.). 


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1 ‘‘(i) REPORTING.— 

2 ‘‘(1) GUIDELINES AND REQUIREMENTS.— 

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

4 issue guidelines and requirements for the re5 porting and evaluation of operational tests and 

6 deployment projects carried out under this 

7 chapter. 

8 ‘‘(B) OBJECTIVITY AND INDEPENDENCE.— 

9 The guidelines and requirements issued under 

10 subparagraph (A) shall include provisions to en11 sure the objectivity and independence of the re12 porting entity so as to avoid any real or appar13 ent conflict of interest or potential influence on 

14 the outcome by parties to any such test or de15 ployment project or by any other formal evalua16 tion carried out under this chapter. 

17 ‘‘(C) FUNDING.—The guidelines and re18 quirements issued under subparagraph (A) shall 

19 establish reporting funding levels based on the 

20 size and scope of each test or project that en21 sure adequate reporting of the results of the 

22 test or project. 

23 ‘‘(2) SPECIAL RULE.—Any survey, question24 naire, or interview that the Secretary considers nec25 essary to carry out the reporting of any test, deployVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00579 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 ment project, or program assessment activity under 

2 this chapter shall not be subject to chapter 35 of 

3 title 44, United States Code.’’. 

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 514 (as added 

7 by section 2302) the following: 

‘‘515. General authorities and requirements.’’. 

8 SEC. 2304. RESEARCH AND DEVELOPMENT. 

9 (a) IN GENERAL.—Chapter 5 of title 23, United 

10 States Code, is amended by adding after section 515 (as 

11 added by section 2303) the following: 

12 ‘‘§ 516. Research and development 

13 ‘‘(a) IN GENERAL.—The Secretary shall carry out a 

14 comprehensive program of intelligent transportation sys15 tem research and development, and operational tests of 

16 intelligent vehicles, intelligent infrastructure systems, and 

17 other similar activities that are necessary to carry out this 

18 chapter. 

19 ‘‘(b) PRIORITY AREAS.—Under the program, the Sec20 retary shall give higher priority to funding projects that— 

21 ‘‘(1) enhance mobility and productivity through 

22 improved traffic management, incident management, 

23 transit management, freight management, road 

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1 mation, or highway operations systems and remote 

2 sensing products; 

3 ‘‘(2) use interdisciplinary approaches to develop 

4 traffic management strategies and tools to address 

5 multiple impacts of congestion concurrently; 

6 ‘‘(3) address traffic management, incident man7 agement, transit management, toll collection traveler 

8 information, or highway operations systems; 

9 ‘‘(4) incorporate research on the impact of envi10 ronmental, weather, and natural conditions on intel11 ligent transportation systems, including the effects 

12 of cold climates; 

13 ‘‘(5) enhance intermodal use of intelligent 

14 transportation systems for diverse groups, including 

15 for emergency and health-related services; 

16 ‘‘(6) enhance safety through improved crash 

17 avoidance and protection, crash and other notifica18 tion, commercial motor vehicle operations, and infra19 structure-based or cooperative safety systems; or 

20 ‘‘(7) facilitate the integration of intelligent in21 frastructure, vehicle, and control technologies. 

22 ‘‘(c) FEDERAL SHARE.—The Federal share payable 

23 on account of any project or activity carried out under 

24 subsection (a) shall not exceed 80 percent.’’. 


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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 515 (as added 

4 by section 2304) the following: 

‘‘516. Research and development.’’. 

5 SEC. 2305. NATIONAL ARCHITECTURE AND STANDARDS. 

6 (a) IN GENERAL.—Chapter 5 of title 23, United 

7 States Code, is amended by adding after section 516 (as 

8 added by section 2304) the following: 

9 ‘‘§ 517. National architecture and standards. 

10 ‘‘(a) IN GENERAL.— 

11 ‘‘(1) DEVELOPMENT, IMPLEMENTATION, AND

12 MAINTENANCE.—In accordance with section 12(d) of 

13 the National Technology Transfer and Advancement 

14 Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783; 

15 115 Stat. 1241), the Secretary shall develop and 

16 maintain a national ITS architecture and supporting 

17 ITS standards and protocols to promote the use of 

18 systems engineering methods in the widespread de19 ployment and evaluation of intelligent transportation 

20 systems as a component of the surface transpor21 tation systems of the United States. 

22 ‘‘(2) INTEROPERABILITY AND EFFICIENCY.—To 

23 the maximum extent practicable, the national ITS 

24 architecture and supporting ITS standards and pro25 tocols shall promote interoperability among, and effiVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00582 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 ciency of, intelligent transportation systems and 

2 technologies implemented throughout the United 

3 States. 

4 ‘‘(3) USE OF STANDARDS DEVELOPMENT ORGA5 NIZATIONS.—In carrying out this section, the Sec6 retary shall support the development and mainte7 nance of standards and protocols using the services 

8 of such standards development organizations as the 

9 Secretary determines to be necessary and whose 

10 memberships are comprised of, and represent, the 

11 surface transportation and intelligent transportation 

12 systems industries. 

13 ‘‘(b) STANDARDS FOR NATIONAL POLICY IMPLEMEN14 TATION.—If the Secretary finds that a standard is nec15 essary for implementation of a nationwide policy relating 

16 to user fee collection or other capability requiring nation17 wide uniformity, the Secretary, after consultation with 

18 stakeholders, may establish and require the use of that 

19 standard. 

20 ‘‘(c) PROVISIONAL STANDARDS.— 

21 ‘‘(1) IN GENERAL.—If the Secretary finds that 

22 the development or balloting of an intelligent trans23 portation system standard jeopardizes the timely 

24 achievement of the objectives described in subsection 

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1 ard, after consultation with affected parties, using, 

2 to the maximum extent practicable, the work prod3 uct of appropriate standards development organiza4 tions. 

5 ‘‘(2) PERIOD OF EFFECTIVENESS.—A provi6 sional standard established under paragraph (1) 

7 shall be published in the Federal Register and re8 main in effect until the appropriate standards devel9 opment organization adopts and publishes a stand10 ard. 

11 ‘‘(d) CONFORMITY WITH NATIONAL ARCHITEC12 TURE.— 

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), the Secretary shall ensure that intelligent 

15 transportation system projects carried out using 

16 amounts made available from the Highway Trust 

17 Fund, including amounts made available to deploy 

18 intelligent transportation systems, conform to the 

19 appropriate regional ITS architecture, applicable 

20 standards, and protocols developed under subsection 

21 (a) or (c). 

22 ‘‘(2) DISCRETION OF THE SECRETARY.—The 

23 Secretary, at the discretion of the Secretary, may 

24 offer an exemption from paragraph (1) for projects 

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1 lined in the national intelligent transportation sys2 tem program plan or the surface transportation re3 search and development strategic plan developed 

4 under section 508.’’. 

5 (b) CONFORMING AMENDMENT.—The analysis for 

6 chapter 5 of title 23, United States Code, is amended by 

7 adding after the item relating to section 516 (as added 

8 by section 2304) the following: 

‘‘517. National architecture and standards.’’. 

9 SEC. 2306. 5.9 GHz VEHICLE-TO-VEHICLE AND VEHICLE-TO10 INFRASTRUCTURE COMMUNICATIONS SYS11 TEMS DEPLOYMENT. 

12 (a) IN GENERAL.—Chapter 5 of title 23, United 

13 States Code, is amended by adding after section 517 (as 

14 added by section 2305) the following: 

15 ‘‘§ 518. 5.9 GHz vehicle-to-vehicle and vehicle-to-infra16 structure communications systems de17 ployment 

18 ‘‘(a) IN GENERAL.—Not later than 3 years after the 

19 date of enactment of this section, the Secretary shall sub20 mit to the appropriate committees of Congress a report 

21 that— 

22 ‘‘(1) describes a recommended implementation 

23 path for dedicated short-range communications tech24 nology and applications; and 


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1 ‘‘(2) includes guidance on the relationship of 

2 the proposed deployment of dedicated short-range 

3 communications to the National ITS Architecture 

4 and ITS Standards. 

5 ‘‘(b) NATIONAL RESEARCH COUNCIL REVIEW.—The 

6 Secretary shall enter into an agreement with the National 

7 Research Council for the review by the National Research 

8 Council of the report described in subsection (a).’’. 

9 (b) CONFORMING AMENDMENT.—The analysis of 

10 chapter 5 of title 23, United States Code, is amended by 

11 adding after section 517 (as added by section 2305) the 

12 following: 

‘‘518. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure communications 

systems deployment.’’. 

13 TITLE III—AMERICA FAST FOR14 WARD FINANCING INNOVA15 TION 

16 SEC. 3001. SHORT TITLE. 

17 This title may be cited as the ‘‘America Fast Forward 

18 Financing Innovation Act of 2011’’. 

19 SEC. 3002. TRANSPORTATION INFRASTRUCTURE FINANCE 

20 AND INNOVATION ACT AMENDMENTS. 

21 Sections 601 through 609 of title 23, United States 

22 Code, are amended to read as follows: 


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1 ‘‘§ 601. Generally applicable provisions 

2 ‘‘(a) DEFINITIONS.—In this chapter, the following 

3 definitions apply: 

4 ‘‘(1) ELIGIBLE PROJECT COSTS.—The term ‘eli5 gible project costs’ means amounts substantially all 

6 of which are paid by, or for the account of, an obli7 gor in connection with a project, including the cost 

8 of— 

9 ‘‘(A) development phase activities, includ10 ing planning, feasibility analysis, revenue fore11 casting, environmental review, permitting, pre12 liminary engineering and design work, and 

13 other preconstruction activities; 

14 ‘‘(B) construction, reconstruction, rehabili15 tation, replacement, and acquisition of real 

16 property (including land relating to the project 

17 and improvements to land), environmental miti18 gation, construction contingencies, and acquisi19 tion of equipment; and 

20 ‘‘(C) capitalized interest necessary to meet 

21 market requirements, reasonably required re22 serve funds, capital issuance expenses, and 

23 other carrying costs during construction. 

24 ‘‘(2) FEDERAL CREDIT INSTRUMENT.—The 

25 term ‘Federal credit instrument’ means a secured 

26 loan, loan guarantee, or line of credit authorized to 


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1 be made available under this chapter with respect to 

2 a project. 

3 ‘‘(3) INVESTMENT-GRADE RATING.—The term 

4 ‘investment-grade rating’ means a rating of BBB 

5 minus, Baa3, bbb minus, BBB (low), or higher as6 signed by a rating agency to project obligations. 

7 ‘‘(4) LENDER.—The term ‘lender’ means any 

8 non-Federal qualified institutional buyer (as defined 

9 in section 230.144A(a) of title 17, Code of Federal 

10 Regulations (or any successor regulation), known as 

11 Rule 144A(a) of the Securities and Exchange Com12 mission and issued under the Securities Act of 1933 

13 (15 U.S.C. 77a et seq.)), including— 

14 ‘‘(A) a qualified retirement plan (as de15 fined in section 4974(c) of the Internal Revenue 

16 Code of 1986) that is a qualified institutional 

17 buyer; and 

18 ‘‘(B) a governmental plan (as defined in 

19 section 414(d) of the Internal Revenue Code of 

20 1986) that is a qualified institutional buyer. 

21 ‘‘(5) LETTER OF INTEREST.—The term ‘letter 

22 of interest’ means a letter submitted by a potential 

23 applicant prior to an application for credit assistance 

24 in a format prescribed by the Secretary on the 

25 website of the TIFIA program, which— 


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1 ‘‘(A) describes the project and the location, 

2 purpose, and cost of the project; 

3 ‘‘(B) outlines the proposed financial plan, 

4 including the requested credit assistance and 

5 the proposed obligor; 

6 ‘‘(C) provides a status of environmental re7 view; and 

8 ‘‘(D) provides information regarding satis9 faction of other eligibility requirements of the 

10 TIFIA program. 

11 ‘‘(6) LINE OF CREDIT.—The term ‘‘ ‘line of 

12 credit’ ’’ means an agreement entered into by the 

13 Secretary with an obligor under section 604 to pro14 vide a direct loan at a future date upon the occur15 rence of certain events. 

16 ‘‘(7) LIMITED BUYDOWN.—The term ‘limited 

17 buydown’ means, subject to the conditions described 

18 in section 603(b)(4)(C), a buydown of the interest 

19 rate by the Secretary and by the obligor if the inter20 est rate has increased between— 

21 ‘‘(A)(i) the date on which a project appli22 cation acceptable to the Secretary is submitted; 

23 or 

24 ‘‘(ii) the date on which the Secretary en25 tered into a master credit agreement; and 


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1 ‘‘(B) the date on which the Secretary exe2 cutes the Federal credit instrument. 

3 ‘‘(8) LOAN GUARANTEE.—The term ‘loan guar4 antee’ means any guarantee or other pledge by the 

5 Secretary to pay all or part of the principal of and 

6 interest on a loan or other debt obligation issued by 

7 an obligor and funded by a lender. 

8 ‘‘(9) MASTER CREDIT AGREEMENT.—The term 

9 ‘master credit agreement’ means an agreement to 

10 extend credit assistance for a program of projects 

11 secured by a common security pledge (which shall 

12 receive an investment grade rating from a rating 

13 agency), or for a single project covered under section 

14 602(b)(2) that would— 

15 ‘‘(A) make contingent commitments of 1 or 

16 more secured loans or other Federal credit in17 struments at future dates, subject to the avail18 ability of future funds being made available to 

19 carry out this chapter; 

20 ‘‘(B) establish the maximum amounts and 

21 general terms and conditions of the secured 

22 loans or other Federal credit instruments; 

23 ‘‘(C) identify the 1 or more dedicated non24 Federal revenue sources that will secure the reVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00590 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 payment of the secured loans or secured Fed2 eral credit instruments; 

3 ‘‘(D) provide for the obligation of funds for 

4 the secured loans or secured Federal credit in5 struments after all requirements have been met 

6 for the projects subject to the master credit 

7 agreement, including— 

8 ‘‘(i) completion of an environmental 

9 impact statement or similar analysis re10 quired under the National Environmental 

11 Policy Act of 1969 (42 U.S.C. 4321 et 

12 seq.); and 

13 ‘‘(ii) compliance with such other re14 quirements as are specified in section 

15 602(c); and 

16 ‘‘(iii) the availibility of funds to carry 

17 out this chapter; and 

18 ‘‘(E) require that contingent commitments 

19 result in a financial close and obligation of 

20 credit assistance not later than 3 years after 

21 the date of entry into the master credit agree22 ment, or release of the commitment, unless oth23 erwise extended by the Secretary. 

24 ‘‘(10) OBLIGOR.—The term ‘obligor’ means a 

25 party that— 


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1 ‘‘(A) is primarily liable for payment of the 

2 principal of or interest on a Federal credit in3 strument; and 

4 ‘‘(B) may be a corporation, partnership, 

5 joint venture, trust, or governmental entity, 

6 agency, or instrumentality. 

7 ‘‘(11) PROJECT.—The term ‘project’ means— 

8 ‘‘(A) any surface transportation project eli9 gible for Federal assistance under this title or 

10 chapter 53 of title 49; 

11 ‘‘(B) a project for an international bridge 

12 or tunnel for which an international entity au13 thorized under Federal or State law is respon14 sible; 

15 ‘‘(C) a project for intercity passenger bus 

16 or rail facilities and vehicles, including facilities 

17 and vehicles owned by the National Railroad 

18 Passenger Corporation and components of mag19 netic levitation transportation systems; and 

20 ‘‘(D) a project that— 

21 ‘‘(i) is a project— 

22 ‘‘(I) for a public freight rail facil23 ity or a private facility providing pub24 lic benefit for highway users by way of 


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1 direct freight interchange between 

2 highway and rail carriers; 

3 ‘‘(II) for an intermodal freight 

4 transfer facility; 

5 ‘‘(III) for a means of access to a 

6 facility described in subclause (I) or 

7 (II); 

8 ‘‘(IV) for a service improvement 

9 for a facility described in subclause 

10 (I) or (II) (including a capital invest11 ment for an intelligent transportation 

12 system); or 

13 ‘‘(V) that comprises a series of 

14 projects described in subclauses (I) 

15 through (IV) with the common objec16 tive of improving the flow of goods; 

17 ‘‘(ii) may involve the combining of pri18 vate and public sector funds, including in19 vestment of public funds in private sector 

20 facility improvements; 

21 ‘‘(iii) if located within the boundaries 

22 of a port terminal, includes only such sur23 face transportation infrastructure modi24 fications as are necessary to facilitate diVerDate Mar 15 2010 22:14 Feb 06, 2012 Jkt 019200 PO 00000 Frm 00593 Fmt 6652 Sfmt 6201 E:\BILLS\S1813.RS S1813

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1 rect intermodal interchange, transfer, and 

2 access into and out of the port; and 

3 ‘‘(iv) is composed of related highway, 

4 surface transportation, transit, rail, or 

5 intermodal capital improvement projects el6 igible for assistance under this subsection 

7 in order to meet the eligible project cost 

8 threshold under section 602, by grouping 

9 related projects together for that purpose, 

10 on the condition that the credit assistance 

11 for the projects is secured by a common 

12 pledge. 

13 ‘‘(12) PROJECT OBLIGATION.—The term 

14 ‘project obligation’ means any note, bond, debenture, 

15 or other debt obligation issued by an obligor in con16 nection with the financing of a project, other than 

17 a Federal credit instrument. 

18 ‘‘(13) RATING AGENCY.—The term ‘rating 

19 agency’ means a credit rating agency registered with 

20 the Securities and Exchange Commission as a na21 tionally recognized statistical rating organization (as 

22 that term is defined in section 3(a) of the Securities 

23 Exchange Act of 1934 (15 U.S.C. 78c(a))). 

24 ‘‘(14) RURAL INFRASTRUCTURE PROJECT.— 

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1 face transportation infrastructure project located in 

2 any area other than an urbanized area that has a 

3 population of greater than 200,000 inhabitants. 

4 ‘‘(15) SECURED LOAN.—The term ‘secured 

5 loan’ means a direct loan or other debt obligation 

6 issued by an obligor and funded by the Secretary in 

7 connection with the financing of a project under sec8 tion 603. 

9 ‘‘(16) STATE.—The term ‘State’ has the mean10 ing given the term in section 101. 

11 ‘‘(17) SUBSIDY AMOUNT.—The term ‘subsidy 

12 amount’ means the amount of budget authority suf13 ficient to cover the estimated long-term cost to the 

14 Federal Government of a Federal credit instrument, 

15 calculated on a net present value basis, excluding 

16 administrative costs and any incidental effects on 

17 governmental receipts or outlays in accordance with 

18 the Federal Credit Reform Act of 1990 (2 U.S.C. 

19 661 et seq.). 

20 ‘‘(18) SUBSTANTIAL COMPLETION.—The term 

21 ‘substantial completion’ means— 

22 ‘‘(A) the opening of a project to vehicular 

23 or passenger traffic; or 


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1 ‘‘(B) a comparable event, as determined by 

2 the Secretary and specified in the credit agree3 ment. 

4 ‘‘(19) TIFIA PROGRAM.—The term ‘TIFIA 

5 program’ means the transportation infrastructure fi6 nance and innovation program of the Department. 

7 ‘‘(20) CONTINGENT COMMITMENT.—The term 

8 ‘contingent commitment’ means a commitment to ob9 ligate an amount from future available budget au10 thority that is— 

11 ‘‘(A) contingent upon those funds being 

12 made available in law at a future date; and 

13 ‘‘(B) not an obligation of the Federal Gov14 ernment. 

15 ‘‘(b) TREATMENT OF CHAPTER.—For purposes of 

16 this title, this chapter shall be treated as being part of 

17 chapter 1. 

18 ‘‘§ 602. Determination of eligibility and project selec19 tion 

20 ‘‘(a) ELIGIBILITY.—A project shall be eligible to re21 ceive credit assistance under this chapter if the entity pro22 posing to carry out the project submits a letter of interest 

23 prior to submission of a formal application for the project, 

24 and the project meets the following criteria: 

25 ‘‘(1) CREDITWORTHINESS.— 


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1 ‘‘(A) IN GENERAL.—The project shall sat2 isfy applicable creditworthiness standards, 

3 which, at a minimum, includes— 

4 ‘‘(i) a rate covenant, if applicable; 

5 ‘‘(ii) adequate coverage requirements 

6 to ensure repayment; 

7 ‘‘(iii) an investment grade rating from 

8 at least 2 rating agencies on debt senior to 

9 the Federal credit instrument; and 

10 ‘‘(iv) a rating from at least 2 rating 

11 agencies on the Federal credit instrument, 

12 subject to the condition that, with respect 

13 to clauses (ii) and clause (iii), if the senior 

14 debt and Federal credit instrument is for 

15 an amount less than $75,000,000 or for a 

16 rural infrastructure project or intelligent 

17 transportation systems project, 1 rating 

18 agency opinion for each of the senior debt 

19 and Federal credit instrument shall be suf20 ficient. 

21 ‘‘(B) SENIOR DEBT.—Notwithstanding 

22 subparagraph (A), in a case in which the Fed23 eral credit instrument is the senior debt, the 

24 Federal credit instrument shall be required to 

25 receive an investment grade rating from at least 


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1 2 rating agencies, unless the credit instrument 

2 is for a rural infrastructure project or intel3 ligent transportation systems project, in which 

4 case 1 rating agency opinion shall be sufficient. 

5 ‘‘(2) INCLUSION IN TRANSPORTATION PLANS

6 AND PROGRAMS.—The project shall satisfy the appli7 cable planning and programming requirements of 

8 sections 134 and 135 at such time as an agreement 

9 to make available a Federal credit instrument is en10 tered into under this chapter. 

11 ‘‘(3) APPLICATION.—A State, local government, 

12 public authority, public-private partnership, or any 

13 other legal entity undertaking the project and au14 thorized by the Secretary, shall submit a project ap15 plication acceptable to the Secretary. 

16 ‘‘(4) ELIGIBLE PROJECT COSTS.— 

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

18 subparagraph (B), to be eligible for assistance 

19 under this chapter, a project shall have eligible 

20 project costs that are reasonably anticipated to 

21 equal or exceed the lesser of— 

22 ‘‘(i)(I) $50,000,000; or 

23 ‘‘(II) in the case of a rural infrastruc24 ture project, $25,000,000; or 


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‘‘(ii) 331 1 ⁄3 percent of the amount of 

2 Federal highway assistance funds appor3 tioned for the most recently completed fis4 cal year to the State in which the project 

5 is located. 

6 ‘‘(B) INTELLIGENT TRANSPORTATION SYS7 TEM PROJECTS.—In the case of a project prin8 cipally involving the installation of an intelligent 

9 transportation system, eligible project costs 

10 shall be reasonably anticipated to equal or ex11 ceed $15,000,000. 

12 ‘‘(5) DEDICATED REVENUE SOURCES.—The 

13 Federal credit instrument shall be repayable, in 

14 whole or in part, from tolls, user fees, or other dedi15 cated revenue sources that also secure the project 

16 obligations. 

17 ‘‘(6) PUBLIC SPONSORSHIP OF PRIVATE ENTI18 TIES.—In the case of a project that is undertaken 

19 by an entity that is not a State or local government 

20 or an agency or instrumentality of a State or local 

21 government, the project that the entity is under22 taking shall be publicly sponsored as provided in 

23 paragraph (2). 

24 ‘‘(b) SELECTION AMONG ELIGIBLE PROJECTS.— 


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1 ‘‘(1) ESTABLISHMENT.—The Secretary shall es2 tablish a rolling application process in which projects 

3 that are eligible to receive credit assistance under 

4 subsection (a) shall receive credit assistance on 

5 terms acceptable to the Secretary, if adequate funds 

6 are available to cover the subsidy costs associated 

7 with the Federal credit instrument. 

8 ‘‘(2) ADEQUATE FUNDING NOT AVAILABLE.— 

9 ‘‘(A) IN GENERAL.—If the Secretary fully 

10 obligates funding to eligible projects in a given 

11 fiscal year, and adequate funding is not avail12 able to fund a credit instrument, a project 

13 sponsor of an eligible project may elect to enter 

14 into a master credit agreement and wait until 

15 the following fiscal year or until additional 

16 funds are available to receive credit assistance, 

17 or pay its own credit subsidy to permit an obli18 gation. 

19 ‘‘(B) USE OF FUNDS.—A project sponsor 

20 may use non-Federal funds or any eligible funds 

21 apportioned under chapter 1 of this title or 

22 chapter 53 of title 49 to pay a credit subsidy 

23 described in subparagraph (A). 

24 ‘‘(3) PRELIMINARY RATING OPINION LETTER.— 

25 The Secretary shall require each project applicant to 


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1 provide a preliminary rating opinion letter from at 

2 least 1 rating agency— 

3 ‘‘(A) indicating that the senior obligations 

4 of the project, which may be the Federal credit 

5 instrument, have the potential to achieve an in6 vestment-grade rating; and 

7 ‘‘(B) including a preliminary rating opin8 ion on the Federal credit instrument. 

9 ‘‘(c) FEDERAL REQUIREMENTS.— 

10 ‘‘(1) IN GENERAL.—In addition to the require11 ments of this title for highway projects, chapter 53 

12 of title 49 for transit projects, and section 5333(a) 

13 of title 49 for rail projects, the following provisions 

14 of law shall apply to funds made available under this 

15 chapter and projects assisted with the funds: 

16 ‘‘(A) Title VI of the Civil Rights Act of 

17 1964 (42 U.S.C. 2000d et seq.). 

18 ‘‘(B) The National Environmental Policy 

19 Act of 1969 (42 U.S.C. 4321 et seq.). 

20 ‘‘(C) The Uniform Relocation Assistance 

21 and Real Property Acquisition Policies Act of 

22 1970 (42 U.S.C. 4601 et seq.). 

23 ‘‘(2) NEPA.—No funding shall be obligated for 

24 a project that has not received an environmental 

25 Categorical Exclusion, Finding of No Significant 


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1 Impact, or Record of Decision under the National 

2 Environmental Policy Act of 1969 (42 U.S.C. 4321 

3 et seq.). 

4 ‘‘§ 603. Secured loans 

5 ‘‘(a) IN GENERAL.— 

6 ‘‘(1) AGREEMENTS.—Subject to paragraphs (2) 

7 through (4), the Secretary may enter into agree8 ments with 1 or more obligors to make secured 

9 loans, the proceeds of which shall be used— 

10 ‘‘(A) to finance eligible project costs of any 

11 project selected under section 602; 

12 ‘‘(B) to refinance interim construction fi13 nancing of eligible project costs of any project 

14 selected under section 602; or 

15 ‘‘(C) to refinance existing loan agreements 

16 for rural infrastructure projects; or 

17 ‘‘(C)(D) to refinance long-term project ob18 ligations or Federal credit instruments if the re19 financing provides additional funding capacity 

20 for the completion, enhancement, or expansion 

21 of any project that— 

22 ‘‘(i) is selected under section 602; or 

23 ‘‘(ii) otherwise meets the requirements 

24 of section 602. 


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1 ‘‘(2) LIMITATION ON REFINANCING OF INTERIM

2 CONSTRUCTION FINANCING.—A loan under para3 graph (1) shall not refinance interim construction fi4 nancing under paragraph (1)(B) later than 1 year 

5 after the date of substantial completion of the 

6 project. 

7 ‘‘(3) RISK ASSESSMENT.—Before entering into 

8 an agreement under this subsection, the Secretary, 

9 in consultation with the Director of the Office of 

10 Management and Budget, shall determine an appro11 priate capital reserve subsidy amount for each se12 cured loan, taking into account each rating letter 

13 provided by an agency under section 602(b)(3)(B). 

14 ‘‘(b) TERMS AND LIMITATIONS.— 

15 ‘‘(1) IN GENERAL.—A secured loan under this 

16 section with respect to a project shall be on such 

17 terms and conditions and contain such covenants, 

18 representations, warranties, and requirements (in19 cluding requirements for audits) as the Secretary de20 termines appropriate. 

21 ‘‘(2) MAXIMUM AMOUNT.—The amount of the 

22 secured loan shall not exceed the lesser of 49 per23 cent of the reasonably anticipated eligible project 

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1 vestment grade rating, the amount of the senior 

2 project obligations. 

3 ‘‘(3) PAYMENT.—The secured loan— 

4 ‘‘(A) shall— 

5 ‘‘(i) be payable, in whole or in part, 

6 from tolls, user fees, or other dedicated 

7 revenue sources that also secure the senior 

8 project obligations; and 

9 ‘‘(ii) include a rate covenant, coverage 

10 requirement, or similar security feature 

11 supporting the project obligations; and 

12 ‘‘(B) may have a lien on revenues de13 scribed in subparagraph (A) subject to any lien 

14 securing project obligations. 

15 ‘‘(4) INTEREST RATE.— 

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

17 subparagraphs (B) and (C), the interest rate on 

18 the secured loan shall be not less than the yield 

19 on United States Treasury securities of a simi20 lar maturity to the maturity of the secured loan 

21 on the date of execution of the loan agreement. 

22 ‘‘(B) RURAL INFRASTRUCTURE

23 PROJECTS.—A loan offered to a rural infra24 structure project under this chapter shall be at 

1 25 ⁄2 of the Treasury Rate. 


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1 ‘‘(C) LIMITED BUYDOWNS.—A limited 

2 buydown is subject to the following conditions: 

3 ‘‘(i) The interest rate under the agree4 ment may not be lowered by more than the 

5 lower of— 

‘‘(I) 11 6 ⁄2 percentage points (150 

7 basis points); or 

8 ‘‘(II) the amount of the increase 

9 in the interest rate. 

10 ‘‘(ii) The Secretary may pay up to 50 

11 percent of the cost of the limited buydown, 

12 and the obligor shall pay the balance of the 

13 cost of the limited buydown. 

14 ‘‘(iii) Not more than 5 percent of the 

15 funding made available annually to carry 

16 out this chapter may be used to carry out 

17 limited buydowns. 

18 ‘‘(5) MATURITY DATE.—The final maturity 

19 date of the secured loan shall be the lesser of— 

20 ‘‘(A) 35 years after the date of substantial 

21 completion of the project; or 

22 ‘‘(B) if the useful life of the capital asset 

23 being financed is of a lesser period, the useful 

24 life of the asset. 

25 ‘‘(6) NONSUBORDINATION.— 


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

2 subparagraphs (B) and (C) subparagraph (B), 

3 the secured loan shall not be subordinated to 

4 the claims of any holder of project obligations 

5 in the event of bankruptcy, insolvency, or liq6 uidation of the obligor. 

7 ‘‘(B) PRE-EXISTING INDENTURE.— 

8 ‘‘(i) IN GENERAL.—The Secretary 

9 shall waive subparagraph (A) for public 

10 agency borrowers that are financing ongo11 ing capital programs and have outstanding 

12 senior bonds under a pre-existing inden13 ture, if— 

14 ‘‘(I) the secured loan is rated in 

15 the A-category or higher; 

16 ‘‘(II) the secured loan is secured 

17 and payable from pledged revenues 

18 not affected by project performance, 

19 such as a tax-backed revenue pledge 

20 or a system-backed pledge of project 

21 revenues; and 

22 ‘‘(III) the TIFIA program share 

23 of eligible project costs is 33 percent 

24 or less. 


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1 ‘‘(ii) LIMITATION.—If the Secretary 

2 waives the nonsubordination requirement 

3 under this subparagraph— 

4 ‘‘(I) the maximum credit subsidy 

5 that will be paid by the Federal Gov6 ernment shall be limited to 10 percent 

7 of the principal amount of the secured 

8 loan; and 

9 ‘‘(II) the obligor shall be respon10 sible for paying the remainder of the 

11 subsidy cost. 

12 ‘‘(7) FEES.—The Secretary may establish fees 

13 at a level sufficient to cover all or a portion of the 

14 costs to the Federal Government of making a se15 cured loan under this section. 

16 ‘‘(8) NON-FEDERAL SHARE.—The proceeds of a 

17 secured loan under this chapter may be used for any 

18 non-Federal share of project costs required under 

19 this title or chapter 53 of title 49, if the loan is re20 payable from non-Federal funds. 

21 ‘‘(9) MAXIMUM FEDERAL INVOLVEMENT.—The 

22 total Federal assistance provided on a project receiv23 ing a loan under this chapter shall not exceed 80 

24 percent of the total project cost. 

25 ‘‘(c) REPAYMENT.— 


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1 ‘‘(1) SCHEDULE.—The Secretary shall establish 

2 a repayment schedule for each secured loan under 

3 this section based on the projected cash flow from 

4 project revenues and other repayment sources, and 

5 the useful life of the project. 

6 ‘‘(2) COMMENCEMENT.—Scheduled loan repay7 ments of principal or interest on a secured loan 

8 under this section shall commence not later than 5 

9 years after the date of substantial completion of the 

10 project. 

11 ‘‘(3) DEFERRED PAYMENTS.— 

12 ‘‘(A) AUTHORIZATION.—If, at any time 

13 after the date of substantial completion of the 

14 project, the project is unable to generate suffi15 cient revenues to pay the scheduled loan repay16 ments of principal and interest on the secured 

17 loan, the Secretary may, subject to subpara18 graph (C), allow the obligor to add unpaid prin19 cipal and interest to the outstanding balance of 

20 the secured loan. 

21 ‘‘(B) INTEREST.—Any payment deferred 

22 under subparagraph (A) shall— 

23 ‘‘(i) continue to accrue interest in ac24 cordance with subsection (b)(4) until fully 

25 repaid; and 


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1 ‘‘(ii) be scheduled to be amortized 

2 over the remaining term of the loan. 

3 ‘‘(C) CRITERIA.— 

4 ‘‘(i) IN GENERAL.—Any payment de5 ferral under subparagraph (A) shall be 

6 contingent on the project meeting criteria 

7 established by the Secretary. 

8 ‘‘(ii) REPAYMENT STANDARDS.—The 

9 criteria established under clause (i) shall 

10 include standards for reasonable assurance 

11 of repayment. 

12 ‘‘(4) PREPAYMENT.— 

13 ‘‘(A) USE OF EXCESS REVENUES.—Any 

14 excess revenues that remain after satisfying 

15 scheduled debt service requirements on the 

16 project obligations and secured loan and all de17 posit requirements under the terms of any trust 

18 agreement, bond resolution, or similar agree19 ment securing project obligations may be ap20 plied annually to prepay the secured loan with21 out penalty. 

22 ‘‘(B) USE OF PROCEEDS OF REFI23 NANCING.—The secured loan may be prepaid at 

24 any time without penalty from the proceeds of 

25 refinancing from non-Federal funding sources. 


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1 ‘‘(d) SALE OF SECURED LOANS.— 

2 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

3 as soon as practicable after substantial completion of 

4 a project and after notifying the obligor, the Sec5 retary may sell to another entity or reoffer into the 

6 capital markets a secured loan for the project if the 

7 Secretary determines that the sale or reoffering can 

8 be made on favorable terms. 

9 ‘‘(2) CONSENT OF OBLIGOR.—In making a sale 

10 or reoffering under paragraph (1), the Secretary 

11 may not change the original terms and conditions of 

12 the secured loan without the written consent of the 

13 obligor. 

14 ‘‘(e) LOAN GUARANTEES.— 

15 ‘‘(1) IN GENERAL.—The Secretary may provide 

16 a loan guarantee to a lender in lieu of making a se17 cured loan if the Secretary determines that the 

18 budgetary cost of the loan guarantee is substantially 

19 the same as that of a secured loan. 

20 ‘‘(2) TERMS.—The terms of a guaranteed loan 

21 shall be consistent with the terms set forth in this 

22 section for a secured loan, except that the rate on 

23 the guaranteed loan and any prepayment features 

24 shall be negotiated between the obligor and the lend25 er, with the consent of the Secretary. 


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1 ‘‘§ 604. Lines of credit 

2 ‘‘(a) IN GENERAL.— 

3 ‘‘(1) AGREEMENTS.—Subject to paragraphs (2) 

4 through (4), the Secretary may enter into agree5 ments to make available lines of credit to 1 or more 

6 obligors in the form of direct loans to be made by 

7 the Secretary at future dates on the occurrence of 

8 certain events for any project selected under section 

9 602. 

10 ‘‘(2) USE OF PROCEEDS.—The proceeds of a 

11 line of credit made available under this section shall 

12 be available to pay debt service on project obliga13 tions issued to finance eligible project costs, extraor14 dinary repair and replacement costs, operation and 

15 maintenance expenses, and costs associated with un16 expected Federal or State environmental restrictions. 

17 ‘‘(3) RISK ASSESSMENT.—Before entering into 

18 an agreement under this subsection, the Secretary, 

19 in consultation with the Director of the Office of 

20 Management and Budget and each rating agency 

21 providing a preliminary rating opinion letter under 

22 section 602(b)(3), shall determine an appropriate 

23 capital reserve subsidy amount for each line of cred24 it, taking into account the rating opinion letter. 

25 ‘‘(4) INVESTMENT-GRADE RATING REQUIRE26 MENT.—The funding of a line of credit under this 


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1 section shall be contingent on the senior obligations 

2 of the project receiving an investment-grade rating 

3 from 2 rating agencies. 

4 ‘‘(b) TERMS AND LIMITATIONS.— 

5 ‘‘(1) IN GENERAL.—A line of credit under this 

6 section with respect to a project shall be on such 

7 terms and conditions and contain such covenants, 

8 representations, warranties, and requirements (in9 cluding requirements for audits) as the Secretary de10 termines appropriate. 

11 ‘‘(2) MAXIMUM AMOUNTS.—The total amount 

12 of the line of credit shall not exceed 33 percent of 

13 the reasonably anticipated eligible project costs. 

14 ‘‘(3) DRAWS.—Any draw on the line of credit 

15 shall represent a direct loan and shall be made only 

16 if net revenues from the project (including capital17 ized interest but not including reasonably required 

18 financing reserves) are insufficient to pay the costs 

19 specified in subsection (a)(2). 

20 ‘‘(4) INTEREST RATE.—Except as otherwise 

21 provided in subparagraphs (B) and (C) of section 

22 603(b)(4), the interest rate on a direct loan result23 ing from a draw on the line of credit shall be not 

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1 ury securities as of the date of execution of the line 

2 of credit agreement. 

3 ‘‘(5) SECURITY.—The line of credit— 

4 ‘‘(A) shall— 

5 ‘‘(i) be payable, in whole or in part, 

6 from tolls, user fees, or other dedicated 

7 revenue sources that also secure the senior 

8 project obligations; and 

9 ‘‘(ii) include a rate covenant, coverage 

10 requirement, or similar security feature 

11 supporting the project obligations; and 

12 ‘‘(B) may have a lien on revenues de13 scribed in subparagraph (A) subject to any lien 

14 securing project obligations. 

15 ‘‘(6) PERIOD OF AVAILABILITY.—The full 

16 amount of the line of credit, to the extent not drawn 

17 upon, shall be available during the period beginning 

18 on the date of substantial completion of the project 

19 and ending not later than 10 years after that date. 

20 ‘‘(7) RIGHTS OF THIRD-PARTY CREDITORS.— 

21 ‘‘(A) AGAINST FEDERAL GOVERNMENT.—A 

22 third-party creditor of the obligor shall not have 

23 any right against the Federal Government with 

24 respect to any draw on the line of credit. 


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1 ‘‘(B) ASSIGNMENT.—An obligor may as2 sign the line of credit to 1 or more lenders or 

3 to a trustee on the behalf of the lenders. 

4 ‘‘(8) NONSUBORDINATION.— 

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

6 subparagraphs (B) and (C), a direct loan under 

7 this section shall not be subordinated to the 

8 claims of any holder of project obligations in 

9 the event of bankruptcy, insolvency, or liquida10 tion of the obligor. 

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 line of credit is rated in 

19 the A-category or higher; 

20 ‘‘(II) the TIFIA program loan 

21 resulting from a draw on the line of 

22 credit is payable from pledged reve23 nues not affected by project perform24 ance, such as a tax-backed revenue 


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1 pledge or a system-backed pledge of 

2 project revenues; and 

3 ‘‘(III) the TIFIA program share 

4 of eligible project costs is 33 percent 

5 or less. 

6 ‘‘(ii) LIMITATION.—If the Secretary 

7 waives the nonsubordination requirement 

8 under this subparagraph— 

9 ‘‘(I) the maximum credit subsidy 

10 that will be paid by the Federal Gov11 ernment shall be limited to 10 percent 

12 of the principal amount of the secured 

13 loan; and 

14 ‘‘(II) the obligor shall be respon15 sible for paying the remainder of the 

16 subsidy cost. 

17 ‘‘(9) FEES.—The Secretary may establish fees 

18 at a level sufficient to cover all or a portion of the 

19 costs to the Federal Government of providing a line 

20 of credit under this section. 

21 ‘‘(10) RELATIONSHIP TO OTHER CREDIT IN22 STRUMENTS.—A project that receives a line of credit 

23 under this section shall not also receive a secured 

24 loan or loan guarantee under section 603 in an 


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1 amount that, combined with the amount of the line 

2 of credit, exceeds 49 percent of eligible project costs. 

3 ‘‘(c) REPAYMENT.— 

4 ‘‘(1) TERMS AND CONDITIONS.—The Secretary 

5 shall establish repayment terms and conditions for 

6 each direct loan under this section based on the pro7 jected cash flow from project revenues and other re8 payment sources, and the useful life of the asset 

9 being financed. 

10 ‘‘(2) TIMING.—All repayments of principal or 

11 interest on a direct loan under this section shall be 

12 scheduled to commence not later than 5 years after 

13 the end of the period of availability specified in sub14 section (b)(6) and to conclude, with full repayment 

15 of principal and interest, by the date that is 25 

16 years after the end of the period of availability speci17 fied in subsection (b)(6). 

18 ‘‘§ 605. Program administration 

19 ‘‘(a) REQUIREMENT.—The Secretary shall establish 

20 a uniform system to service the Federal credit instruments 

21 made available under this chapter. 

22 ‘‘(b) FEES.—The Secretary may collect and spend 

23 fees, contingent upon authority being provided in appro24 priations Acts, at a level that is sufficient to cover— 


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1 ‘‘(1) the costs of services of expert firms re2 tained pursuant to subsection (d); and 

3 ‘‘(2) all or a portion of the costs to the Federal 

4 Government of servicing the Federal credit instru5 ments. 

6 ‘‘(c) SERVICER.— 

7 ‘‘(1) IN GENERAL.—The Secretary may appoint 

8 a financial entity to assist the Secretary in servicing 

9 the Federal credit instruments. 

10 ‘‘(2) DUTIES.—The servicer shall act as the 

11 agent for the Secretary. 

12 ‘‘(3) FEE.—The servicer shall receive a serv13 icing fee, subject to approval by the Secretary. 

14 ‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Sec15 retary may retain the services of expert firms, including 

16 counsel, in the field of municipal and project finance to 

17 assist in the underwriting and servicing of Federal credit 

18 instruments. 

19 ‘‘§ 606. State and local permits 

20 ‘‘The provision of credit assistance under this chapter 

21 with respect to a project shall not— 

22 ‘‘(1) relieve any recipient of the assistance of 

23 any obligation to obtain any required State or local 

24 permit or approval with respect to the project; 


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1 ‘‘(2) limit the right of any unit of State or local 

2 government to approve or regulate any rate of re3 turn on private equity invested in the project; or 

4 ‘‘(3) otherwise supersede any State or local law 

5 (including any regulation) applicable to the construc6 tion or operation of the project. 

7 ‘‘§ 607. Regulations 

8 ‘‘The Secretary may promulgate such regulations as 

9 the Secretary determines appropriate to carry out this 

10 chapter. 

11 ‘‘§ 608. Funding 

12 ‘‘(a) FUNDING.— 

13 ‘‘(1) SPENDING AND BORROWING AUTHOR14 ITY.—Spending and borrowing authority for a fiscal 

15 year to enter into Federal credit instruments shall 

16 be promptly apportioned to the Secretary on a fiscal 

17 year basis. 

18 ‘‘(2) REESTIMATES.—When the estimated cost 

19 of a loan or loans is reestimated, the cost of the re20 estimate shall be borne by or benefit the general 

21 fund of the Treasury, consistent with section 661c(f) 

22 of title 2, United States Code. 

23 ‘‘(3) RURAL SET-ASIDE.— 

24 ‘‘(A) IN GENERAL.—Of the total amount 

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1 ter for each fiscal year, 10 percent shall be set 

2 aside for rural infrastructure projects. 

3 ‘‘(B) REOBLIGATION.—Any amounts set 

4 aside under subparagraph (A) that remain un5 obligated by June 1 of the fiscal year for which 

6 the amounts were set aside shall be available 

7 for obligation by the Secretary on projects other 

8 than rural infrastructure projects. 

9 ‘‘(4) REDISTRIBUTION OF AUTHORIZED FUND10 ING.— 

11 ‘‘(A) IN GENERAL.—Beginning for in the 

12 second fiscal year after the date of enactment 

13 of this paragraph, on August 1 of that fiscal 

14 year, and each fiscal year thereafter, if the un15 obligated and uncommitted balance of funding 

16 available exceeds 150 percent of the amount 

17 made available to carry out this chapter for 

18 that fiscal year, the Secretary shall distribute to 

19 the States the amount of funds and associated 

20 obligation authority in excess of that amount. 

21 ‘‘(B) DISTRIBUTION.—The amounts and 

22 obligation authority distributed under this para23 graph shall be distributed, in the same manner 

24 as obligation authority is distributed to the 


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1 States for the fiscal year, based on the propor2 tion that— 

3 ‘‘(i) the relative share of each State of 

4 obligation authority for the fiscal year; 

5 bears to 

6 ‘‘(ii) the total amount of obligation 

7 authority distributed to all States for the 

8 fiscal year. 

9 ‘‘(C) PURPOSE.—Funds distributed under 

10 subparagraph (B) shall be available for any 

11 purpose described in section 133(c). 

12 ‘‘(5) AVAILABILITY.—Amounts made available 

13 to carry out this chapter shall remain available until 

14 expended. 

15 ‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts 

16 made available to carry out this chapter, the Sec17 retary may use not more than 1 percent for each fis18 cal year for the administration of this chapter. 

19 ‘‘(b) CONTRACT AUTHORITY.— 

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

21 provision of law, execution of a term sheet by the 

22 Secretary of a Federal credit instrument that uses 

23 amounts made available under this chapter shall im24 pose on the United States a contractual obligation to 

25 fund the Federal credit investment. 


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1 ‘‘(2) AVAILABILITY.—Amounts made available 

2 to carry out this chapter for a fiscal year shall be 

3 available for obligation on October 1 of the fiscal 

4 year. 

5 ‘‘§ 609. Reports to Congress 

6 ‘‘On June 1, 2012, and every 2 years thereafter, the 

7 Secretary shall submit to Congress a report summarizing 

8 the financial performance of the projects that are receiv9 ing, or have received, assistance under this chapter (other 

10 than section 610), including a recommendation as to 

11 whether the objectives of this chapter (other than section 

12 610) are best served— 

13 ‘‘(1) by continuing the program under the au14 thority of the Secretary; 

15 ‘‘(2) by establishing a Federal corporation or 

16 federally sponsored enterprise to administer the pro17 gram; or 

18 ‘‘(3) by phasing out the program and relying on 

19 the capital markets to fund the types of infrastruc20 ture investments assisted by this chapter (other than 

21 section 610) without Federal participation.’’. 

22 SEC. 3003. STATE INFRASTRUCTURE BANKS. 

23 Section 610(d)(1)(A) of title 23, United States Code, 

24 is amended by striking ‘‘sections 104(b)(1)’’ and all that 


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1 follows though the semicolon and inserting ‘‘paragraphs 

2 (1) and (2) of section 104(b)’’. 

3 TITLE IV—HIGHWAY SPENDING 

4 CONTROLS 

5 SEC. 4001. HIGHWAY SPENDING CONTROLS. 

6 (a) IN GENERAL.—Title 23, United States Code, is 

7 amended by adding at the end the following: 

CHAPTER 7—HIGHWAY SPENDING CONTROLS

Sec. 

701. Solvency of Highway Account of the Highway Trust Fund. 

8 ‘‘SEC. 701. SOLVENCY OF HIGHWAY ACCOUNT OF THE HIGH9 WAY TRUST FUND. 

10 ‘‘(a) SOLVENCY CALCULATION FOR FISCAL YEAR

11 2012.—Not later than 60 days after the date of enactment 

12 of the MAP–21, the Secretary, in consultation with the 

13 Secretary of Treasury, shall— 

14 ‘‘(1) estimate the balance of the Highway Trust 

15 Fund (other than the Mass Transit Account) at the 

16 end of such fiscal year and the end of the next fiscal 

17 year, for purposes of which estimation the Secretary 

18 shall assume that the obligation limitation on Fed19 eral-aid highways and highway safety construction 

20 programs is equal to the obligation limitations en21 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 ‘‘(a) SOLVENCY CALCULATION FOR FISCAL YEAR

15 2012.— 

16 ‘‘(1) ADJUSTMENT OF OBLIGATION LIMITA17 TION.—Not later than 60 days after the date of enact18 ment of the MAP–21, the Secretary, in consultation 

19 with the Secretary of Treasury, shall: 

20 ‘‘(A) Estimate the balance of the Highway 

21 Trust Fund (other than the Mass Transit Ac22 count) at the end of fiscal years 2012 and 2013. 

23 For purposes of which estimation, the Secretary 

24 shall assume that the obligation limitation on 

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1 struction programs will be equal to the obliga2 tion limitations enacted for those fiscal years in 

3 the MAP–21. 

4 ‘‘(B) Determine if the estimated balance of 

5 the Highway Trust Fund (other than the Mass 

6 Transit Account) would fall below— 

7 ‘‘(i) $2,000,000,000 at the end of fiscal 

8 year 2012; or 

9 ‘‘(ii) $1,000,000,000 at the end of fiscal 

10 year 2013. 

11 ‘‘(C) If either of the conditions in subpara12 graph (B) would occur, calculate the amount by 

13 which the fiscal year 2012 obligation limitation 

14 must be reduced to prevent such occurrence. For 

15 purposes of this calculation, the Secretary shall 

16 assume that the obligation limitation on Fed17 eral-aid highways and highway safety construc18 tion programs for the fiscal year 2013 will be 

19 equal to the obligation limitation for fiscal year 

20 2012, as reduced pursuant to this subparagraph. 

21 ‘‘(D) Adjust the distribution of the fiscal 

22 year 2012 obligation limitation to reflect any re23 duction determined under subparagraph (C). 

24 ‘‘(2) LAPSE AND RESCISSION.— 


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1 ‘‘(A) LAPSE OF OBLIGATION LIMITATION.— 

2 Any obligation limitation that is withdrawn by 

3 the Secretary pursuant to paragraph (1)(D) 

4 shall lapse immediately following the adjustment 

5 of obligation limitation under such paragraph. 

6 ‘‘(B) RESCISSION OF CONTRACT AUTHOR7 ITY.—Upon the lapse of any obligation limita8 tion under subparagraph (A), the Secretary shall 

9 reduce proportionately the amount authorized to 

10 be appropriated from the Highway Trust Fund 

11 (other than the Mass Transit Account) for fiscal 

12 year 2012 to carry out each of the Federal-aid 

13 highway and highway safety construction pro14 grams (other than emergency relief and funds 

15 under the national highway performance pro16 gram that are exempt from the fiscal year 2012 

17 obligation limitation) by an aggregate amount 

18 equal to the amount of adjustment determined 

19 pursuant to paragraph (1)(D). The amounts 

20 withdrawn pursuant to this subparagraph are 

21 permanently rescinded. 

22 ‘‘(b) SOLVENCY CALCULATION FOR FISCAL YEAR

23 2013 AND FISCAL YEARS THEREAFTER.— 

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1 tributing the obligation limitation on Federal-aid 

2 highways and highway safety construction programs 

3 for fiscal year 2013 and each fiscal year thereafter, 

4 the Secretary shall— 

5 ‘‘(A) estimate the balance of the Highway 

6 Trust Fund (other than the Mass Transit Ac7 count) at the end of such fiscal year and the 

8 end of the next fiscal year, for purposes of 

9 which estimation, the Secretary shall assume 

10 that the obligation limitation on Federal-aid 

11 highways and highway safety construction pro12 grams for the next fiscal year is will be equal 

13 to the obligation limitation enacted for the fis14 cal year for which the limitation is being dis15 tributed; 

16 ‘‘(B) determine if the estimated balance of 

17 the Highway Trust Fund (other than the Mass 

18 Transit Account) would fall below— 

19 ‘‘(i) $2,000,000,000 at the end of the 

20 fiscal year for which the obligation limita21 tion is being distributed; or 

22 ‘‘(ii) $1,000,000,000 at the end of the 

23 next fiscal year; 

24 ‘‘(C) if either of the conditions in subpara25 graph (B) would occur, calculate the amount by 


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1 which the obligation limitation in the fiscal year 

2 for which the obligation limitation is being dis3 tributed must be reduced to prevent such occur4 rence; and 

5 ‘‘(D) distribute such obligation limitation 

6 less any amount determined under subpara7 graph (C). 

8 ‘‘(2) LAPSE AND RESCISSION.— 

9 ‘‘(A) OBLIGATION LIMITATION.— 

10 ‘‘(i) RECALCULATION.—In a fiscal 

11 year in which the Secretary withholds obli12 gation limitation based on the calculation 

13 under paragraph (1), the Secretary shall, 

14 on March 1 of such fiscal year, repeat the 

15 calculations under subparagraphs (A) 

16 through (C) of such paragraph. Based on 

17 the results of those calculations, the Sec18 retary shall— 

19 ‘‘(I) if the Secretary determines 

20 that either of the conditions in para21 graph (1)(B) would occur, withdraw 

22 an additional amount of obligation 

23 limitation necessary to prevent such 

24 occurrence; or 


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1 ‘‘(II) distribute as much of the 

2 withheld obligation limitation as may 

3 be distributed without causing either 

4 of the conditions specified in para5 graph (1)(B) to occur. 

6 ‘‘(ii) LAPSE.—Any obligation limita7 tion that is enacted for a fiscal year, with8 held from distribution pursuant to para9 graph (1)(D) (or withdrawn under clause 

10 (i)(I)), and not subsequently distributed 

11 under clause (i)(II) shall lapse immediately 

12 following the distribution of obligation lim13 itation under such paragraph clause. 

14 ‘‘(B) CONTRACT AUTHORITY.— 

15 ‘‘(i) IN GENERAL.—Upon the lapse of 

16 any obligation limitation under subpara17 graph (A)(ii), an equal amount of the un18 obligated balances of funds apportioned 

19 among the States under chapter 1 and sec20 tions 1116, 1303, and 1404 of the 

21 SAFETEA–LU (119 Stat. 1177, 1207, 

22 and 1228) are permanently rescinded. In 

23 administering the rescission required under 

24 this subparagraph clause, the Secretary 

25 shall allow each State to determine the 


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1 amount of the required rescission to be 

2 drawn from the programs to which the re3 scission applies, except as provided in 

4 clause (ii). 

5 ‘‘(ii) RESCISSION OF FUNDS APPOR6 TIONED IN FISCAL YEAR 2013 AND FISCAL

7 YEARS THEREAFTER.—If a State deter8 mines that it will meet any of its required 

9 rescission amount from funds apportioned 

10 to such State on or subsequent to October 

11 1, 2012, the Secretary shall determine the 

12 amount to be rescinded from each of the 

13 programs subject to the rescission for 

14 which the State was apportioned funds on 

15 or subsequent to October 1, 2012, in pro16 portion to the cumulative amount of appor17 tionments that the State received for each 

18 such program on or subsequent to October 

19 1, 2012. 

20 ‘‘(3) OTHER ACTIONS TO PREVENT INSOL21 VENCY.—The Secretary shall issue a regulation to 

22 establish any actions in addition to those described 

23 in subsection (a) and paragraph (1) that may be 

24 taken by the Secretary if it becomes apparent that 

25 the Highway Trust Fund (other than the Mass 


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•S 1813 RS

1 Transit Account) will become insolvent, including 

2 the denial of further obligations. 

3 ‘‘(4) APPLICABLE ONLY TO FULL-YEAR LIMITA4 TION.—The requirements of paragraph (1) apply 

5 only to the distribution of a full-year obligation limi6 tation and do not apply to partial-year limitations 

7 under continuing appropriations Acts.’’. 

8 (b) TABLE OF CHAPTERS.—The table of chapters for 

9 title 23, United States Code, is amended by inserting after 

10 the item relating to chapter 6 the following: 

‘‘7. Highway Spending Controls ............................................................... 701’’. 


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Calendar No. 311 

112TH CONGRESS 

2D SESSION S. 1813 

A BILL 

To reauthorize Federal-aid highway and highway 

poses. safety construction programs, and for other purFEBRUARY 6, 2012 

Reported with amendments 


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