II 

Calendar No. 150 

114TH CONGRESS 

1ST SESSION S. 1647 

[Report No. 114–80] 

To amend title 23, United States Code, to authorize funds for Federalaid highways and highway safety construction programs, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 23, 2015 

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

JULY 15, 2015 

Reported by Mr. INHOFE, with amendments 

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

A BILL 

To amend title 23, United States Code, to authorize funds 

for Federal-aid highways 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Developing a Reliable 

3 and Innovative Vision for the Economy Act’’ or the 

4 ‘‘DRIVE Act’’. 

5 SEC. 2. DEFINITIONS; TABLE OF CONTENTS. 

6 (a) DEFINITIONS.—In this Act: 

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

8 means the Department of Transportation. 

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

10 the Secretary of Transportation. 

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

12 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Definitions; table of contents. 

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorizations and Programs 

Sec. 1001. Authorization of appropriations. 

Sec. 1002. Obligation ceiling. 

Sec. 1003. Apportionment. 

Sec. 1004. Surface transportation program. 

Sec. 1005. Metropolitan transportation planning. 

Sec. 1006. Statewide and nonmetropolitan transportation planning. 

Sec. 1007. Highway use tax evasion projects. 

Sec. 1008. Bundling of bridge projects. 

Sec. 1009. Flexibility for certain rural road and bridge projects. 

Sec. 1010. Construction of ferry boats and ferry terminal facilities. 

Sec. 1011. Highway safety improvement program. 

Sec. 1012. Data collection on unpaved public roads. 

Sec. 1013. Congestion mitigation and air quality improvement program. 

Sec. 1014. National freight program. 

Sec. 1015. Assistance for major projects program. 

Sec. 1016. Transportation alternatives. 

Sec. 1017. Consolidation of programs. 

Sec. 1018. State flexibility for National Highway System modifications. 

Sec. 1019. Toll roads, bridges, tunnels, and ferries. 

Sec. 1020. HOV facilities. 

Sec. 1021. Interstate system reconstruction and rehabilitation pilot program. 

Sec. 1022. Emergency relief for federally owned roads. 

Sec. 1023. Bridges requiring closure or load restrictions. 


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Sec. 1024. National electric vehicle charging and natural gas fueling corridors. 

Sec. 1025. Asset management. 

Sec. 1026. Tribal transportation program amendment. 

Sec. 1027. Nationally significant Federal lands and Tribal projects program. 

Sec. 1028. Federal lands programmatic activities. 

Sec. 1029. Federal lands transportation program. 

Sec. 1030. Innovative project delivery. 

Subtitle B—Acceleration of Project Delivery 

Sec. 1101. Categorical exclusion for projects of limited Federal assistance. 

Sec. 1102. Programmatic agreement template. 

Sec. 1103. Agency coordination. 

Sec. 1104. Initiation of environmental review process. 

Sec. 1105. Improving collaboration for accelerated decision making. 

Sec. 1106. Accelerated decisionmaking in environmental reviews. 

Sec. 1107. Improving transparency in environmental reviews. 

Sec. 1108. Integration of planning and environmental review. 

Sec. 1109. Use of programmatic mitigation plans. 

Sec. 1110. Adoption of Departmental environmental documents. 

Sec. 1111. Technical assistance for States. 

Sec. 1112. Surface transportation project delivery program. 

Sec. 1113. Categorical exclusions for multimodal projects. 

Sec. 1114. Modernization of the environmental review process. 

Sec. 1115. Service club, charitable association, or religious service signs. 

Sec. 1116. Satisfaction of requirements for certain historic sites. 

Sec. 1117. Bridge exemption from consideration under certain provisions. 

Sec. 1118. Elimination of barriers to improve at-risk bridges. 

Sec. 1119. At-risk project preagreement authority. 

Subtitle C—Miscellaneous 

Sec. 1201. Credits for untaxed transportation fuels. 

Sec. 1202. Justification reports for access points on the Interstate System. 

Sec. 1203. Exemptions. 

Sec. 1204. High priority corridors on the national highway system. 

Sec. 1205. Repeat intoxicated driver law. 

Sec. 1206. Vehicle-to-infrastructure equipment. 

Sec. 1207. Designated projects. 

Sec. 1208. Relinquishment. 

Sec. 1209. Transfer and sale of toll credits. 

Sec. 1210. Regional infrastructure accelerator demonstration program. 

TITLE II—TRANSPORTATION INNOVATION 

Subtitle A—Research 

Sec. 2001. Research, technology, and education. 

Sec. 2002. Intelligent transportation systems. 

Sec. 2003. Future interstate study. 

Sec. 2004. Researching surface transportation system funding alternatives. 

Subtitle B—Data 

Sec. 2101. Tribal data collection. 

Sec. 2102. Performance management data support program. 


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Subtitle C—Transparency and Best Practices 

Sec. 2201. Every Day Counts initiative. 

Sec. 2202. Department of Transportation performance measures. 

Sec. 2203. Grant program for achievement in transportation for performance 

and innovation. 

Sec. 2204. Highway trust fund transparency and accountability. 

Sec. 2205. Report on highway trust fund administrative expenditures. 

Sec. 2206. Availability of reports. 

Sec. 2207. Performance period adjustment. 

Sec. 2208. Design standards. 

TITLE III—TRANSPORTATION INFRASTRUCTURE FINANCE AND 

INNOVATION ACT OF 1998 AMENDMENTS 

Sec. 3001. Transportation Infrastructure Finance and Innovation Act of 1998 

amendments. 

TITLE IV—TECHNICAL CORRECTIONS 

Sec. 4001. Technical corrections. 

TITLE V—MISCELLANEOUS 

Sec. 5001. Appalachian development highway system. 

Sec. 5002. Appalachian regional development program. 

Sec. 5003. Water infrastructure finance and innovation. 

Sec. 5004. Administrative provisions to encourage pollinator habitat and forage 

on transportation rights-of-way. 

Sec. 5005. Study on performance of bridges. 

TITLE VI—EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS 

Sec. 6001. Extension of Federal-aid highway programs. 

Sec. 6002. Administrative expenses. 

1 TITLE I—FEDERAL-AID 

2 HIGHWAYS 

3 Subtitle A—Authorizations and 

4 Programs 

5 SEC. 1001. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) IN GENERAL.—The following sums are author7 ized to be appropriated out of the Highway Trust Fund 

8 (other than the Mass Transit Account): 

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

10 the national highway performance program under 


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1 section 119 of title 23, United States Code, the sur2 face transportation program under section 133 of 

3 that title, the highway safety improvement program 

4 under section 148 of that title, the congestion miti5 gation and air quality improvement program under 

6 section 149 of that title, the national freight pro7 gram under section 167 of that title, the transpor8 tation alternatives program under section 213 of that 

9 title, and to carry out section 134 of that title— 

10 (A) $40,579,500,000 for fiscal year 2016; 

11 (B) $41,421,300,000 for fiscal year 2017; 

12 (C) $42,327,100,000 for fiscal year 2018; 

13 (D) $43,300,400,000 for fiscal year 2019; 

14 (E) $44,394,700,000 for fiscal year 2020; 

15 and 

16 (F) $45,515,900,000 for fiscal year 2021. 

17 (2) TRANSPORTATION INFRASTRUCTURE FI18 NANCE AND INNOVATION PROGRAM.—For credit as19 sistance under the transportation infrastructure fi20 nance and innovation program under chapter 6 of 

21 title 23, United States Code, $675,000,000 for each 

22 of fiscal years 2016 through 2021. 

23 (3) FEDERAL LANDS AND TRIBAL TRANSPOR24 TATION PROGRAMS.— 


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1 (A) TRIBAL TRANSPORTATION PRO2 GRAM.—For the tribal transportation program 

3 under section 202 of title 23, United States 

4 Code— 

5 (i) $460,000,000 for fiscal year 2016; 

6 (ii) $470,000,000 for fiscal year 2017; 

7 (iii) $480,000,000 for fiscal year 

8 2018; 

9 (iv) $490,000,000 for fiscal year 

10 2019; 

11 (v) $500,000,000 for fiscal year 2020; 

12 and 

13 (vi) $510,000,000 for fiscal year 

14 2021. 

15 (B) FEDERAL LANDS TRANSPORTATION

16 PROGRAM.— 

17 (i) AUTHORIZATION.—For the Fed18 eral lands transportation program under 

19 section 203 of title 23, United States 

20 Code— 

21 (I) $305,000,000 for fiscal year 

22 2016; 

23 (II) $310,000,000 for fiscal year 

24 2017; 


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1 (III) $315,000,000 for fiscal year 

2 2018; 

3 (IV) $320,000,000 for fiscal year 

4 2019; 

5 (V) $325,000,000 for fiscal year 

6 2020; and 

7 (VI) $330,000,000 for fiscal year 

8 2021. 

9 (ii) SPECIAL RULE.— 

10 (I) $240,000,000 of the amount 

11 made available for each fiscal year 

12 shall be the amount for the National 

13 Park Service; and 

14 (II) $30,000,000 of the amount 

15 made available for each fiscal year 

16 shall be the amount for the United 

17 States Fish and Wildlife Service. 

18 (C) FEDERAL LANDS ACCESS PROGRAM.— 

19 For the Federal lands access program under 

20 section 204 of title 23, United States Code— 

21 (i) $255,000,000 for fiscal year 2016; 

22 (ii) $260,000,000 for fiscal year 2017; 

23 (iii) $265,000,000 for fiscal year 

24 2018; 


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1 (iv) $270,000,000 for fiscal year 

2 2019; 

3 (v) $275,000,000 for fiscal year 2020; 

4 and 

5 (vi) $280,000,000 for fiscal year 

6 2021. 

7 (4) TERRITORIAL AND PUERTO RICO HIGHWAY

8 PROGRAM.—For the territorial and Puerto Rico 

9 highway program under section 165 of title 23, 

10 United States Code, $190,000,000 for each of fiscal 

11 years 2016 through 2021. 

12 (5) ASSISTANCE FOR MAJOR PROJECTS PRO13 GRAM.—For the assistance for major projects pro14 gram under section 171 of title 23, United States 

15 Code— 

16 (A) $300,000,000 for fiscal year 2016; 

17 (B) $350,000,000 for fiscal year 2017; 

18 (C) $400,000,000 for fiscal year 2018; 

19 (D) $450,000,000 for fiscal year 2019; 

20 (E) $450,000,000 for fiscal year 2020; and 

21 (F) $450,000,000 for fiscal year 2021. 

22 (b) RESEARCH, TECHNOLOGY, AND EDUCATION AU23 THORIZATIONS.— 


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1 (1) IN GENERAL.—The following sums are au2 thorized to be appropriated out of the Highway 

3 Trust Fund (other than the Mass Transit Account): 

4 (A) HIGHWAY RESEARCH AND DEVELOP5 MENT PROGRAM.—To carry out the highway re6 search and development program under section 

7 503(b) of title 23, United States Code, 

8 $135,000,000 for each of fiscal years 2016 

9 through 2021. 

10 (B) TECHNOLOGY AND INNOVATION DE11 PLOYMENT PROGRAM.—To carry out the tech12 nology and innovation deployment program 

13 under section 503(c) of title 23, United States 

14 Code, $62,500,000 for each of fiscal years 2016 

15 through 2021. 

16 (C) TRAINING AND EDUCATION.—To carry 

17 out training and education under section 504 of 

18 title 23, United States Code, $24,000,000 for 

19 each of fiscal years 2016 through 2021. 

20 (D) INTELLIGENT TRANSPORTATION SYS21 TEMS PROGRAM.—To carry out the intelligent 

22 transportation systems program under sections 

23 512 through 518 of title 23, United States 

24 Code, $100,000,000 for each of fiscal years 

25 2016 through 2021. 


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1 (E) UNIVERSITY TRANSPORTATION CEN2 TERS PROGRAM.—To carry out the university 

3 transportation centers program under section 

4 5505 of title 49, United States Code, 

5 $72,500,000 for each of fiscal years 2016 

6 through 2021. 

7 (F) BUREAU OF TRANSPORTATION STATIS8 TICS.—To carry out chapter 63 of title 49, 

9 United States Code, $26,000,000 for each of 

10 fiscal years 2016 through 2021. 

11 (2) ADMINISTRATION.—The Federal Highway 

12 Administration shall administer the programs de13 scribed in subparagraphs (D) through (F) of para14 graph (1). 

15 (3) APPLICABILITY OF TITLE 23, UNITED

16 STATES CODE.—Funds authorized to be appro17 priated by paragraph (1) shall— 

18 (A) be available for obligation in the same 

19 manner as if those funds were apportioned 

20 under chapter 1 of title 23, United States Code; 

21 (B) remain available until expended; and 

22 (C) not be transferable. 

23 (c) DISADVANTAGED BUSINESS ENTERPRISES.— 

24 (1) FINDINGS.—Congress finds that— 


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1 (A) while significant progress has occurred 

2 due to the establishment of the disadvantaged 

3 business enterprise program, discrimination and 

4 related barriers continue to pose significant ob5 stacles for minority- and women-owned busi6 nesses seeking to do business in federally as7 sisted surface transportation markets across the 

8 United States; 

9 (B) the continuing barriers described in 

10 subparagraph (A) merit the continuation of the 

11 disadvantaged business enterprise program; 

12 (C) Congress has received and reviewed 

13 testimony and documentation of race and gen14 der discrimination from numerous sources, in15 cluding congressional hearings and roundtables, 

16 scientific reports, reports issued by public and 

17 private agencies, news stories, reports of dis18 crimination by organizations and individuals, 

19 and discrimination lawsuits, which show that 

20 race- and gender-neutral efforts alone are insuf21 ficient to address the problem; 

22 (D) the testimony and documentation de23 scribed in subparagraph (C) demonstrate that 

24 discrimination across the United States poses a 

25 barrier to full and fair participation in surface 


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1 transportation-related businesses of women 

2 business owners and minority business owners 

3 and has impacted firm development and many 

4 aspects of surface transportation-related busi5 ness in the public and private markets; and 

6 (E) the testimony and documentation de7 scribed in subparagraph (C) provide a strong 

8 basis that there is a compelling need for the 

9 continuation of the disadvantaged business en10 terprise program to address race and gender 

11 discrimination in surface transportation-related 

12 business. 

13 (2) DEFINITIONS.—In this subsection, the fol14 lowing definitions apply: 

15 (A) SMALL BUSINESS CONCERN.— 

16 (i) IN GENERAL.—The term ‘‘small 

17 business concern’’ means a small business 

18 concern (as the term is used in section 3 

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

20 632)). 

21 (ii) EXCLUSIONS.—The term ‘‘small 

22 business concern’’ does not include any 

23 concern or group of concerns controlled by 

24 the same socially and economically dis25 advantaged individual or individuals that 


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1 have average annual gross receipts during 

2 the preceding 3 fiscal years in excess of 

3 $22,410,000, as adjusted annually by the 

4 Secretary for inflation. 

5 (B) SOCIALLY AND ECONOMICALLY DIS6 ADVANTAGED INDIVIDUALS.—The term ‘‘so7 cially and economically disadvantaged individ8 uals’’ has the meaning given the term in section 

9 8(d) of the Small Business Act (15 U.S.C. 

10 637(d)) and relevant subcontracting regulations 

11 issued pursuant to that Act, except that women 

12 shall be presumed to be socially and economi13 cally disadvantaged individuals for purposes of 

14 this subsection. 

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

18 amounts made available for any program under title 

19 I of this Act and section 403 of title 23, United 

20 States Code, shall be expended through small busi21 ness concerns owned and controlled by socially and 

22 economically disadvantaged individuals. 

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


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

2 business concerns referred to in paragraph (2) 

3 in the State, including the location of the small 

4 business concerns in the State; and 

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

6 percentage of the small business concerns that 

7 are controlled by— 

8 (i) women; 

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

11 women); and 

12 (iii) individuals who are women and 

13 are otherwise socially and economically dis14 advantaged individuals. 

15 (5) UNIFORM CERTIFICATION.— 

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

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

20 the purpose of this subsection. 

21 (B) INCLUSIONS.—The minimum uniform 

22 criteria established under subparagraph (A) 

23 shall include, with respect to a potential small 

24 business concern— 

25 (i) on-site visits; 


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1 (ii) personal interviews with personnel; 

2 (iii) issuance or inspection of licenses; 

3 (iv) analyses of stock ownership; 

4 (v) listings of equipment; 

5 (vi) analyses of bonding capacity; 

6 (vii) listings of work completed; 

7 (viii) examination of the resumes of 

8 principal owners; 

9 (ix) analyses of financial capacity; and 

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

12 (6) REPORTING.—The Secretary shall establish 

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

15 (A) information concerning disadvantaged 

16 business enterprise awards, commitments, and 

17 achievements; and 

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

20 proper monitoring of the disadvantaged busi21 ness enterprise program. 

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

25 under title I of this Act and section 403 of title 23, 


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1 United States Code, if the individual or entity is pre2 vented, in whole or in part, from complying with 

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

4 order in which the court finds that a requirement or 

5 the implementation of paragraph (2) is unconstitu6 tional. 

7 (d) CONFORMING AMENDMENT.—Section 1101(b) of 

8 MAP–21 (Public Law 112–141; 126 Stat. 414) is re9 pealed. 

10 SEC. 1002. OBLIGATION CEILING. 

11 (a) GENERAL LIMITATION.—Subject to subsection 

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

13 obligations for Federal-aid highway and highway safety 

14 construction programs shall not exceed— 

15 (1) $43,076,500,000 for fiscal year 2016; 

16 (2) $43,997,300,000 for fiscal year 2017; 

17 (3) $44,982,100,000 for fiscal year 2018; 

18 (4) $46,034,400,000 for fiscal year 2019; 

19 (5) $47,157,700,000 for fiscal year 2020; and 

20 (6) $48,307,900,000 for fiscal year 2021. 

21 (b) EXCEPTIONS.—The limitations under subsection 

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

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

22 (as in effect for fiscal years 2005 through 2012, but 

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

24 of those fiscal years); 


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1 (10) Federal-aid highway programs for which 

2 obligation authority was made available under the 

3 Transportation Equity Act for the 21st Century 

4 (112 Stat. 107) or subsequent Acts for multiple 

5 years or to remain available until expended, but only 

6 to the extent that the obligation authority has not 

7 lapsed or been used; 

8 (11) section 1603 of SAFETEA–LU (23 

9 U.S.C. 118 note; 119 Stat. 1248), to the extent that 

10 funds obligated in accordance with that section were 

11 not subject to a limitation on obligations at the time 

12 at which the funds were initially made available for 

13 obligation; 

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

15 (as in effect for fiscal years 2013 through 2015, but 

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

17 of those fiscal years); and 

18 (13) section 119 of title 23, United States Code 

19 (but, for each of fiscal years 2016 through 2021, 

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

21 of those fiscal years). 

22 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 

23 For each of fiscal years 2016 through 2021, the Secretary 

24 shall— 


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1 (1) not distribute obligation authority provided 

2 by subsection (a) for the fiscal year for— 

3 (A) amounts authorized for administrative 

4 expenses and programs by section 104(a) of 

5 title 23, United States Code; and 

6 (B) amounts authorized for the Bureau of 

7 Transportation Statistics; 

8 (2) not distribute an amount of obligation au9 thority provided by subsection (a) that is equal to 

10 the unobligated balance of amounts— 

11 (A) made available from the Highway 

12 Trust Fund (other than the Mass Transit Ac13 count) for Federal-aid highway and highway 

14 safety construction programs for previous fiscal 

15 years the funds for which are allocated by the 

16 Secretary (or apportioned by the Secretary 

17 under section 202 or 204 of title 23, United 

18 States Code); and 

19 (B) for which obligation authority was pro20 vided in a previous fiscal year; 

21 (3) determine the proportion that— 

22 (A) an amount equal to the difference be23 tween— 

24 (i) the obligation authority provided 

25 by subsection (a) for the fiscal year; and 


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1 (ii) the aggregate amount not distrib2 uted under paragraphs (1) and (2); bears 

3 to 

4 (B) an amount equal to the difference be5 tween— 

6 (i) the total of the sums authorized to 

7 be appropriated for the Federal-aid high8 way and highway safety construction pro9 grams (other than sums authorized to be 

10 appropriated for provisions of law de11 scribed in paragraphs (1) through (12) of 

12 subsection (b) and sums authorized to be 

13 appropriated for section 119 of title 23, 

14 United States Code, equal to the amount 

15 referred to in subsection (b)(13) for the 

16 fiscal year); and 

17 (ii) the aggregate amount not distrib18 uted under paragraphs (1) and (2); 

19 (4) distribute the obligation authority provided 

20 by subsection (a), less the aggregate amount not dis21 tributed under paragraphs (1) and (2), for each of 

22 the programs (other than programs to which para23 graph (1) applies) that are allocated by the Sec24 retary under this Act and title 23, United States 


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1 Code, or apportioned by the Secretary under section 

2 202 or 204 of that title, by multiplying— 

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

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

7 year; and 

8 (5) distribute the obligation authority provided 

9 by subsection (a), less the aggregate amount not dis10 tributed under paragraphs (1) and (2) and the 

11 amounts distributed under paragraph (4), for Fed12 eral-aid highway and highway safety construction 

13 programs that are apportioned by the Secretary 

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

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

17 United States Code, that are exempt from the limi18 tation under subsection (b)(13) and the amounts ap19 portioned under sections 202 and 204 of that title) 

20 in the proportion that— 

21 (A) amounts authorized to be appropriated 

22 for the programs that are apportioned under 

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

24 the fiscal year; bears to 


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1 (B) the total of the amounts authorized to 

2 be appropriated for the programs that are ap3 portioned under title 23, United States Code, to 

4 all States for the fiscal year. 

5 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU6 THORITY.—Notwithstanding subsection (c), the Secretary 

7 shall, after August 1 of each of fiscal years 2016 through 

8 2021— 

9 (1) revise a distribution of the obligation au10 thority made available under subsection (c) if an 

11 amount distributed cannot be obligated during that 

12 fiscal year; and 

13 (2) redistribute sufficient amounts to those 

14 States able to obligate amounts in addition to those 

15 previously distributed during that fiscal year, giving 

16 priority to those States having large unobligated bal17 ances of funds apportioned under sections 144 (as in 

18 effect on the day before the date of enactment of 

19 MAP–21 (126 Stat. 405)) and 104 of title 23, 

20 United States Code. 

21 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

22 TRANSPORTATION RESEARCH PROGRAMS.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), obligation limitations imposed by sub25 section (a) shall apply to contract authority for 


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1 transportation research programs carried out under 

2 chapter 5 of title 23, United States Code. 

3 (2) EXCEPTION.—Obligation authority made 

4 available under paragraph (1) shall— 

5 (A) remain available for a period of 4 fis6 cal years; and 

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

8 limitation imposed on obligations for Federal9 aid highway and highway safety construction 

10 programs for future fiscal years. 

11 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

12 FUNDS.— 

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

14 the date of distribution of obligation authority under 

15 subsection (c) for each of fiscal years 2016 through 

16 2021, the Secretary shall distribute to the States 

17 any funds (excluding funds authorized for the pro18 gram under section 202 of title 23, United States 

19 Code) that— 

20 (A) are authorized to be appropriated for 

21 the fiscal year for Federal-aid highway pro22 grams; and 

23 (B) the Secretary determines will not be 

24 allocated to the States (or will not be appor25 tioned to the States under section 204 of title 


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1 23, United States Code), and will not be avail2 able for obligation, for the fiscal year because 

3 of the imposition of any obligation limitation for 

4 the fiscal year. 

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

6 paragraph (1) in the same proportion as the dis7 tribution of obligation authority under subsection 

8 (c)(5). 

9 (3) AVAILABILITY.—Funds distributed to each 

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

11 purpose described in section 133(b) of title 23, 

12 United States Code. 

13 SEC. 1003. APPORTIONMENT. 

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

15 States Code, is amended— 

16 (1) in subsection (a)(1) by striking subpara17 graphs (A) and (B) and inserting the following: 

18 ‘‘(A) $456,000,000 for fiscal year 2016; 

19 ‘‘(B) $465,000,000 for fiscal year 2017; 

20 ‘‘(C) $474,000,000 for fiscal year 2018; 

21 ‘‘(D) $483,000,000 for fiscal year 2019; 

22 ‘‘(E) $492,000,000 for fiscal year 2020; 

23 and 

24 ‘‘(F) $501,000,000 for fiscal year 2021.’’; 

25 (2) in subsection (b)— 


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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘and the congestion mitigation and 

3 air quality improvement program’’ and insert4 ing ‘‘the congestion mitigation and air quality 

5 improvement program, the national freight pro6 gram’’; 

7 (B) in each of paragraphs (1), (2), and (3) 

8 by striking ‘‘paragraphs (4) and (5)’’ each place 

9 it appears and inserting ‘‘paragraphs (4), (5), 

10 and (6), and section 213(a)’’; 

11 (C) in paragraph (1), by striking ‘‘63.7 

12 percent’’ and inserting ‘‘65 percent’’; 

13 (D) in paragraph (2), by striking ‘‘29.3 

14 percent’’ and inserting ‘‘29 percent’’; 

15 (E) in paragraph (3), by striking ‘‘7 per16 cent’’ and inserting ‘‘6 percent’’; 

17 (F) in paragraph (4), in the matter pre18 ceding subparagraph (A), by striking ‘‘deter19 mined for the State under subsection (c)’’ and 

20 inserting ‘‘remaining under subsection (c) after 

21 making the set-aside set-asides in accordance 

22 with paragraph (5) and section 213(a)’’; 

23 (G) by redesignating paragraph (5) as 

24 paragraph (6); 


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1 (H) by inserting after paragraph (4) the 

2 following: 

3 ‘‘(5) NATIONAL FREIGHT PROGRAM.— 

4 ‘‘(A) IN GENERAL.—For the national 

5 freight program under section 167, the Sec6 retary shall set aside from the amount deter7 mined for a State under subsection (c) an 

8 amount determined for the State under sub9 paragraphs (B) and (C). 

10 ‘‘(B) TOTAL AMOUNT.—The total amount 

11 set aside for the national freight program for 

12 all States shall be— 

13 ‘‘(i) $2,000,000,000 for fiscal year 

14 2016; 

15 ‘‘(ii) $2,100,000,000 for fiscal year 

16 2017; 

17 ‘‘(iii) $2,200,000,000 for fiscal year 

18 2018; 

19 ‘‘(iv) $2,300,000,000 for fiscal year 

20 2019; 

21 ‘‘(v) $2,400,000,000 for fiscal year 

22 2020; and 

23 ‘‘(vi) $2,500,000,000 for fiscal year 

24 2021. 


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1 ‘‘(C) STATE SHARE.—The Secretary shall 

2 distribute among the States the total set-aside 

3 amount for the national freight program under 

4 subparagraph (B) so that each State receives 

5 an amount equal to the proportion that— 

6 ‘‘(i) the total set-aside amount; bears 

7 to 

8 ‘‘(ii) the State total apportionments 

9 determined under subsection (c). 

10 ‘‘(i) the total apportionment deter11 mined under subsection (c) for a State; 

12 bears to 

13 ‘‘(ii) the total apportionments for all 

14 States. 

15 ‘‘(D) METROPOLITAN PLANNING.—Of the 

16 amount set aside under this paragraph for a 

17 State, the Secretary shall use to carry out sec18 tion 134 an amount determined by multiplying 

19 the set-aside amount by the proportion that— 

20 ‘‘(i) the amount apportioned to the 

21 State to carry out section 134 for fiscal 

22 year 2009; bears to 

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

25 the programs referred to in section 


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1 105(a)(2), except for the high priority 

2 projects program referred to in section 

3 105(a)(2)(H) (as in effect on the day be4 fore the date of enactment of MAP–21 

5 (Public Law 112–141; 126 Stat. 405).’’; 

6 and 

7 (I) in paragraph (6) (as redesignated by 

8 subparagraph (G)), in the matter preceding 

9 subparagraph (A), by striking ‘‘determined for 

10 the State under subsection (c)’’ and inserting 

11 ‘‘remaining under subsection (c) after making 

12 the set-aside set-asides in accordance with para13 graph (5) and section 213(a)’’; and 

14 (3) in subsection (c) by adding at the end the 

15 following: 

16 ‘‘(3) FOR FISCAL YEARS 2016 THROUGH 2021.— 

17 ‘‘(A) STATE SHARE.—For each of fiscal 

18 years 2016 through 2021, the amount for each 

19 State of combined apportionments for the na20 tional highway performance program under sec21 tion 119, the surface transportation program 

22 under section 133, the highway safety improve23 ment program under section 148, the conges24 tion mitigation and air quality improvement 

25 program under section 149, the national freight 


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1 program under section 167, the transportation 

2 alternatives program under section 213, and to 

3 carry out section 134, shall be determined as 

4 follows: 

5 ‘‘(i) INITIAL AMOUNT.—The initial 

6 amount for each State shall be determined 

7 by multiplying the total amount available 

8 for apportionment by the share for each 

9 State, which shall be equal to the propor10 tion that— 

11 ‘‘(I) the amount of apportion12 ments that the State received for fis13 cal year 2014; bears to 

14 ‘‘(II) the amount of those appor15 tionments received by all States for 

16 that fiscal year. 

17 ‘‘(ii) ADJUSTMENTS TO AMOUNTS.— 

18 The initial amounts resulting from the cal19 culation under clause (i) shall be adjusted 

20 to ensure that, for each State, the amount 

21 of combined apportionments for the pro22 grams shall not be less than 95 percent of 

23 the estimated tax payments attributable to 

24 highway users in the State paid into the 

25 Highway Trust Fund (other than the Mass 


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1 Transit Account) in the most recent fiscal 

2 year for which data are available. 

3 ‘‘(B) STATE APPORTIONMENT.—For each 

4 of fiscal years 2016 through 2021, on October 

5 1, the Secretary shall apportion the sum au6 thorized to be appropriated for expenditure on 

7 the national highway performance program 

8 under section 119, the surface transportation 

9 program under section 133, the highway safety 

10 improvement program under section 148, the 

11 congestion mitigation and air quality improve12 ment program under section 149, the national 

13 freight program under section 167, the trans14 portation alternatives program under section 

15 213, and to carry out section 134 in accordance 

16 with subparagraph (A).’’. 

17 (b) CONFORMING AMENDMENTS.— 

18 (1) Section 104(d)(1)(A) of title 23, United 

19 States Code, is amended by striking ‘‘subsection 

20 (b)(5)’’ each place it appears and inserting ‘‘para21 graphs (5)(D) and (6) of subsection (b)’’. 

22 (2) Section 120(c)(3) of title 23, United States 

23 Code, is amended— 


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1 (A) in subparagraph (A), in the matter 

2 preceding clause (i), by striking ‘‘or (5)’’ and 

3 inserting ‘‘(5)(D), or (6)’’; and 

4 (B) in subparagraph (C)(i), by striking 

5 ‘‘and (5)’’ and inserting ‘‘(5)(D), and (6)’’. 

6 (3) Section 135(i) of title 23, United States 

7 Code, is amended by striking ‘‘section 104(b)(5)’’ 

8 and inserting ‘‘paragraphs (5)(D) and (6) of section 

9 104(b)’’. 

10 (4) Section 136(b) of title 23, United States 

11 Code, is amended in the first sentence by striking 

12 ‘‘paragraphs (1) through (5) of section 104(b)’’ and 

13 inserting ‘‘paragraphs (1) through (6) of section 

14 104(b)’’. 

15 (5) Section 141(b)(2) of title 23, United States 

16 Code, is amended by striking ‘‘paragraphs (1) 

17 through (5) of section 104(b)’’ and inserting ‘‘para18 graphs (1) through (6) of section 104(b)’’. 

19 (6) Section 505(a) of title 23, United States 

20 Code, is amended in the matter preceding paragraph 

21 (1) by striking ‘‘through (4)’’ and inserting 

22 ‘‘through (5)’’. 

23 SEC. 1004. SURFACE TRANSPORTATION PROGRAM. 

24 Section 133 of title 23, United States Code, is 

25 amended— 


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1 (1) in subsection (b)— 

2 (A) in paragraph (10), by inserting ‘‘, in3 cluding emergency evacuation plans’’ after 

4 ‘‘programs’’; and 

5 (B) in paragraph (13), by adding a period 

6 at the end; 

7 (2) in subsection (c)— 

8 (A) in paragraph (1), by striking the semi9 colon at the end and inserting ‘‘or for projects 

10 described in paragraphs (2), (4), (6), (7), (11), 

11 (20), (25), and (26) of subsection (b); and’’; 

12 (B) by striking paragraph (2); and 

13 (C) by redesignating paragraph (3) as 

14 paragraph (2); 

15 (3) in subsection (d)— 

16 (A) in paragraph (1)— 

17 (i) in subparagraph (A)— 

18 (I) in the matter preceding clause 

19 (i), by striking ‘‘50 percent’’ and in20 serting ‘‘55 percent’’; and 

21 (II) in clause (ii), by striking 

22 ‘‘greater than 5,000’’ and inserting 

23 ‘‘of 5,000 or more’’; and 


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1 (III) in clause (iii), by striking ‘‘; 

2 and’’ at the end and inserting a pe3 riod; and 

4 (ii) in subparagraph (B), by striking 

5 ‘‘50 percent’’ and inserting ‘‘45 percent’’; 

6 and 

7 (B) in paragraph (3)— 

8 (i) by striking ‘‘paragraph (1)(A)(ii)’’ 

9 and inserting ‘‘paragraph (1)(A)(iii)’’; and 

10 (ii) by striking ‘‘greater than 5,000 

11 and less than 200,000’’ and inserting ‘‘of 

12 5,000 to 200,000’’; 

13 (4) in subsection (f)(1)— 

14 (A) by striking ‘‘104(b)(3)’’ and inserting 

15 ‘‘104(b)(2)’’; and 

16 (B) by striking ‘‘the period of fiscal years 

17 2011 through 2014’’ and inserting ‘‘each fiscal 

18 year’’; 

19 (5) by redesignating subsection (h) as sub20 section (i); 

21 (6) in subsection (g)— 

22 (A) by striking the subsection designation 

23 and heading and all that follows through para24 graph (1) and inserting the following: 


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1 ‘‘(g) BRIDGES OFF THE NATIONAL HIGHWAY SYS2 TEM.— 

3 ‘‘(1) DEFINITION OF OFF-NHS BRIDGE.—In 

4 this subsection, the term ‘off-NHS bridge’ means a 

5 highway bridge located on a public road, other than 

6 a bridge on the National Highway System.’’; and 

7 (B) in paragraph (2)— 

8 (i) by striking subparagraph (A) and 

9 inserting the following: 

10 ‘‘(A) SET-ASIDE.—Each State shall obli11 gate for replacement (including replacement 

12 with fill material), rehabilitation, preservation, 

13 and protection (including scour counter14 measures, seismic retrofits, impact protection 

15 measures, security countermeasures, and pro16 tection against extreme events) for off-NHS 

17 bridges an amount equal to the greater of— 

18 ‘‘(i) 15 percent of the amount appor19 tioned to the State under section 

20 104(b)(2); and 

21 ‘‘(ii) an amount equal to at least 110 

22 percent of the amount of funds the State 

23 set aside for off-system bridges in fiscal 

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1 eral-aid highways in the State for fiscal 

2 year 2014.’’; and 

3 (ii) in subparagraph (B), by striking 

4 ‘‘off-system’’ and inserting ‘‘off-NHS’’; 

5 and 

6 (C) by redesignating paragraph (3) as sub7 section (h); 

8 (7) in subsection (h) (as so redesignated)— 

9 (A) by striking the heading and inserting 

10 ‘‘CREDIT FOR BRIDGES NOT ON THE NA11 TIONAL HIGHWAY SYSTEM.—’’; 

12 (B) by redesignating subparagraphs (A) 

13 and (B) as paragraphs (1) and (2), respectively, 

14 and indenting appropriately; and 

15 (C) in the matter preceding paragraph (1) 

16 (as so redesignated)— 

17 (i) by striking ‘‘the replacement of a 

18 bridge or rehabilitation of’’; and 

19 (ii) by striking ‘‘, and is determined 

20 by the Secretary upon completion to be no 

21 longer a deficient bridge’’; and 

22 (8) in subsection (i)(1) (as redesignated by 

23 paragraph (5)), by striking ‘‘under subsection 

24 (d)(1)(A)(iii) for each of fiscal years 2013 through 


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1 2014’’ and inserting ‘‘under subsection (d)(1)(A)(ii) 

2 for each fiscal year’’. 

3 SEC. 1005. METROPOLITAN TRANSPORTATION PLANNING. 

4 Section 134 of title 23, United States Code, is 

5 amended— 

6 (1) in subsection (a)(1), by inserting ‘‘resilient’’ 

7 before ‘‘surface transportation systems’’; 

8 (2) in subsection (c)(2), by striking ‘‘and bicy9 cle transportation facilities’’ and inserting ‘‘, bicycle 

10 transportation facilities, intermodal facilities that 

11 support intercity transportation, including intercity 

12 buses and intercity bus facilities, and commuter van13 pool providers’’; 

14 (3) in subsection (d)— 

15 (A) by redesignating paragraphs (3) 

16 through (6) as paragraphs (4) through (7), re17 spectively; 

18 (B) by inserting after paragraph (2) the 

19 following: 

20 ‘‘(3) REPRESENTATION.— 

21 ‘‘(A) IN GENERAL.—Designation or selec22 tion of officials or representatives under para23 graph (2) shall be determined by the metropoli24 tan planning organization according to the by25 laws or enabling statute of the organization. 


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1 ‘‘(B) PUBLIC TRANSPORTATION REP2 RESENTATIVE.—Subject to the bylaws or ena3 bling statute of the metropolitan planning orga4 nization, a representative of a provider of public 

5 transportation may also serve as a representa6 tive of a local municipality. 

7 ‘‘(C) POWERS OF CERTAIN OFFICIALS.— 

8 An official described in paragraph (2)(B) shall 

9 have responsibilities, actions, duties, voting 

10 rights, and any other authority commensurate 

11 with other officials described in paragraph 

12 (2)(B).’’; and 

13 (C) in paragraph (5) (as redesignated by 

14 subparagraph (A)), by striking ‘‘paragraph (5)’’ 

15 and inserting ‘‘paragraph (6)’’; 

16 (4) in subsection (e)(4)(B), by striking ‘‘sub17 section (d)(5)’’ and inserting ‘‘subsection (d)(6)’’; 

18 (5) in subsection (g)(3)(A), by inserting ‘‘nat19 ural disaster risk reduction,’’ after ‘‘environmental 

20 protection,’’; 

21 (6) in subsection (h)— 

22 (A) in paragraph (1)— 

23 (i) in subparagraph (G), by striking 

24 ‘‘and’’ at the end; 


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1 (ii) in subparagraph (H), by striking 

2 the period at the end and inserting ‘‘; 

3 and’’; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(I) improve the resilience and reliability 

7 of the transportation system.’’; and 

8 (B) in paragraph (2)(A), by striking ‘‘and 

9 in section 5301(c) of title 49’’ and inserting 

10 ‘‘and the general purposes described in section 

11 5301 of title 49’’; 

12 (7) in subsection (i)— 

13 (A) in paragraph (2)— 

14 (i) in subparagraph (A)(i), by striking 

15 ‘‘transit’’ and inserting ‘‘public transpor16 tation facilities, intercity bus facilities’’; 

17 (ii) in subparagraph (G)— 

18 (I) by striking ‘‘and provide’’ and 

19 inserting ‘‘, provide’’; and 

20 (II) by inserting ‘‘, and reduce 

21 vulnerability due to natural disasters 

22 of the existing transportation infra23 structure’’ before the period at the 

24 end; and 


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1 (iii) in subparagraph (H), by inserting 

2 ‘‘, including consideration of the role that 

3 intercity buses may play in reducing con4 gestion, pollution, and energy consumption 

5 in a cost-effective manner and strategies 

6 and investments that preserve and enhance 

7 intercity bus systems, including systems 

8 that are privately owned and operated’’ be9 fore the period at the end; 

10 (B) in paragraph (6)(A)— 

11 (i) by inserting ‘‘public ports,’’ before 

12 ‘‘freight shippers,’’; and 

13 (ii) by inserting ‘‘(including intercity 

14 bus operators and commuter vanpool pro15 viders)’’ after ‘‘private providers of trans16 portation’’; and 

17 (C) in paragraph (8), by striking ‘‘(2)(C)’’ 

18 each place it appears and inserting ‘‘(2)(E)’’; 

19 (8) in subsection (j)(5)(A), by striking ‘‘sub20 section (k)(4)’’ and inserting ‘‘subsection (k)(3)’’; 

21 (9) in subsection (k)— 

22 (A) by striking paragraph (3); and 

23 (B) by redesignating paragraphs (4) and 

24 (5) as paragraphs (3) and (4), respectively; 

25 (10) in subsection (l)— 


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1 (A) in paragraph (1), by adding a period 

2 at the end; and 

3 (B) in paragraph (2)(D), by striking ‘‘of 

4 less than 200,000’’ and inserting ‘‘with a popu5 lation of 200,000 or less’’; 

6 (11) by striking subsection (n); 

7 (12) by redesignating subsections (o) through 

8 (q) as subsections (n) through (p), respectively; and 

9 (13) in subsection (o) (as so redesignated), by 

10 striking ‘‘set aside under section 104(f)’’ and insert11 ing ‘‘apportioned under paragraphs (5)(D) and (6) 

12 of section 104(b)’’.; and 

13 (14) by adding at the end the following: 

14 ‘‘(q) TREATMENT OF LAKE TAHOE REGION.— 

15 ‘‘(1) DEFINITION OF LAKE TAHOE REGION.—In 

16 this subsection, the term ‘Lake Tahoe Region’ has the 

17 meaning given the term ‘region’ in subsection (a) of 

18 Article II of the Lake Tahoe Regional Planning Com19 pact (Public Law 96–551; 94 Stat. 3234). 

20 ‘‘(2) TREATMENT.—For the purpose of this title, 

21 the Lake Tahoe Region shall be treated as— 

22 ‘‘(A) a metropolitan planning organization; 

23 ‘‘(B) a transportation management area 

24 under subsection (k); and 


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1 ‘‘(C) an urbanized area, which is comprised 

2 of a population of 145,000 in the State of Cali3 fornia and a population of 65,000 in the State 

4 of Nevada. 

5 ‘‘(3) SUBALLOCATED FUNDING.— 

6 ‘‘(A) SECTION 133.—When determining the 

7 amount under subparagraph (A) of section 

8 133(d)(1) that shall be obligated for a fiscal year 

9 in the States of California and Nevada under 

10 clauses (i), (ii), and (iii) of that subparagraph, 

11 the Secretary shall, for each of those States— 

12 ‘‘(i) calculate the population under 

13 each of those clauses; 

14 ‘‘(ii) decrease the amount under section 

15 133(d)(1)(A)(iii) by the population specified 

16 in paragraph (2) of this subsection for the 

17 Lake Tahoe Region in that State; and 

18 ‘‘(iii) increase the amount under sec19 tion 133(d)(1)(A)(i) by the population spec20 ified in paragraph (2) of this subsection for 

21 the Lake Tahoe Region in that State. 

22 ‘‘(B) SECTION 213.—When determining the 

23 amount under paragraph (1) of section 213(c) 

24 that shall be obligated for a fiscal year in the 

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1 graphs (A), (B), and (C) of that paragraph, the 

2 Secretary shall, for each of those States— 

3 ‘‘(i) calculate the population under 

4 each of those subparagraphs; 

5 ‘‘(ii) decrease the amount under section 

6 213(c)(1)(C) by the population specified in 

7 paragraph (2) of this subsection for the 

8 Lake Tahoe Region in that State; and 

9 ‘‘(iii) increase the amount under sec10 tion 213(c)(1)(A) by the population speci11 fied in paragraph (2) of this subsection for 

12 the Lake Tahoe Region in that State.’’. 

13 SEC. 1006. STATEWIDE AND NONMETROPOLITAN TRANS14 PORTATION PLANNING. 

15 (a) IN GENERAL.—Section 135 of title 23, United 

16 States Code, is amended— 

17 (1) in subsection (a)(2), by striking ‘‘and bicy18 cle transportation facilities’’ and inserting ‘‘, bicycle 

19 transportation facilities, intermodal facilities that 

20 support intercity transportation, including intercity 

21 buses and intercity bus facilities, and commuter van22 pool providers’’; 

23 (2) in subsection (d)— 

24 (A) in paragraph (1)— 


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1 (i) in subparagraph (G), by striking 

2 ‘‘and’’ at the end; 

3 (ii) in subparagraph (H), by striking 

4 the period at the end and inserting ‘‘; 

5 and’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(I) improve the resilience and reliability 

9 of the transportation system.’’; and 

10 (B) in paragraph (2)(A), by striking ‘‘and 

11 in section 5301(c) of title 49’’ and inserting 

12 ‘‘and the general purposes described in section 

13 5301 of title 49’’; 

14 (3) in subsection (e)(1), by striking ‘‘subsection 

15 (m)’’ and inserting ‘‘subsection (l)’’; 

16 (4) in subsection (f)— 

17 (A) in paragraph (2)(B)(i), by striking 

18 ‘‘subsection (m)’’ and inserting ‘‘subsection 

19 (l)’’; 

20 (B) in paragraph (3)(A)— 

21 (i) in clause (i), by striking ‘‘sub22 section (m)’’ and inserting ‘‘subsection 

23 (l)’’; and 

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1 muter vanpool providers)’’ after ‘‘private 

2 providers of transportation’’; 

3 (C) in paragraph (7), in the matter pre4 ceding subparagraph (A), by striking ‘‘should’’ 

5 and inserting ‘‘shall’’; and 

6 (D) in paragraph (8), by inserting ‘‘, in7 cluding consideration of the role that intercity 

8 buses may play in reducing congestion, pollu9 tion, and energy consumption in a cost-effective 

10 manner and strategies and investments that 

11 preserve and enhance intercity bus systems, in12 cluding systems that are privately owned and 

13 operated’’ before the period at the end; 

14 (5) in subsection (g)— 

15 (A) in paragraph (2)(B)(i), by striking 

16 ‘‘subsection (m)’’ and inserting ‘‘subsection 

17 (l)’’; 

18 (B) in paragraph (3)— 

19 (i) by inserting ‘‘public ports,’’ before 

20 ‘‘freight shippers’’; and 

21 (ii) by inserting ‘‘(including intercity 

22 bus operators),’’ after ‘‘private providers of 

23 transportation’’; and 

24 (C) in paragraph (6)(A), by striking ‘‘sub25 section (m)’’ and inserting ‘‘subsection (l)’’; 


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1 (6) by striking subsection (j); and 

2 (7) by redesignating subsections (k) through 

3 (m) as subsections (j) through (l), respectively. 

4 (b) CONFORMING AMENDMENTS.—Section 134(b)(5) 

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

6 ‘‘section 135(m)’’ and inserting ‘‘section 135(l)’’. 

7 SEC. 1007. HIGHWAY USE TAX EVASION PROJECTS. 

8 Section 143(b) of title 23, United States Code, is 

9 amended by striking paragraph (2)(A) and inserting the 

10 following: 

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 $4,000,000 for each fiscal 

15 year, to carry out this section.’’. 

16 SEC. 1008. BUNDLING OF BRIDGE PROJECTS. 

17 Section 144 of title 23, United States Code, is 

18 amended— 

19 (1) in subsection (c)(2)(A), by striking ‘‘the 

20 natural condition of the bridge’’ and inserting ‘‘the 

21 natural condition of the water’’; 

22 (2) by redesignating subsection (j) as sub23 section (k); 

24 (3) by inserting after subsection (i) the fol25 lowing: 


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1 ‘‘(j) BUNDLING OF BRIDGE PROJECTS.— 

2 ‘‘(1) PURPOSE.—The purpose of this subsection 

3 is to save costs and time by encouraging States to 

4 bundle multiple bridge projects as 1 project. 

5 ‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—In 

6 this subsection, the term ‘eligible entity’ means an 

7 entity eligible to carry out a bridge project under 

8 section 119 or 133. 

9 ‘‘(3) BUNDLING OF BRIDGE PROJECTS.—An eli10 gible entity may bundle 2 or more similar bridge 

11 projects that are— 

12 ‘‘(A) eligible projects under section 119 or 

13 133; 

14 ‘‘(B) included as a bundled project in a 

15 transportation improvement program under sec16 tion 134(j) or a statewide transportation im17 provement program under section 135, as appli18 cable; and 

19 ‘‘(C) awarded to a single contractor or con20 sultant pursuant to a contract for engineering 

21 and design or construction between the con22 tractor and an eligible entity. 

23 ‘‘(4) ITEMIZATION.—Notwithstanding any other 

24 provision of law (including regulations), an eligible 


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1 bridge project included in a bundle under this sub2 section may be listed as— 

3 ‘‘(A) 1 project for purposes of sections 134 

4 and 135; and 

5 ‘‘(B) a single project within the applicable 

6 bundle. 

7 ‘‘(5) FINANCIAL CHARACTERISTICS.—Projects 

8 bundled under this subsection shall have the same fi9 nancial characteristics, including— 

10 ‘‘(A) the same funding category or sub11 category; and 

12 ‘‘(B) the same Federal share.’’; and 

13 (4) in subsection (k)(2) (as redesignated by 

14 paragraph (2)), by striking ‘‘104(b)(3)’’ and insert15 ing ‘‘104(b)(2)’’. 

16 SEC. 1009. FLEXIBILITY FOR CERTAIN RURAL ROAD AND 

17 BRIDGE PROJECTS. 

18 (a) AUTHORITY.—With respect to rural road and 

19 rural bridge projects eligible for funding under title 23, 

20 United States Code, subject to the provisions of this sec21 tion and on request by a State, the Secretary may— 

22 (1) exercise all existing flexibilities under and 

23 exceptions to— 

24 (A) the requirements of title 23, United 

25 States Code; and 


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1 (B) other requirements administered by 

2 the Secretary, in whole or part; and 

3 (2) otherwise provide additional flexibility or ex4 pedited processing with respect to the requirements 

5 described in paragraph (1). 

6 (b) TYPES OF PROJECTS.—A rural road or rural 

7 bridge project under this section shall— 

8 (1) be located in a county that, based on the 

9 most recent decennial census— 

10 (A) has a population density of 20 80 or 

11 fewer persons per square mile of land area; or 

12 (B) is the county that has the lowest popu13 lation density of all counties in the State; 

14 (2) be located within the operational right-of15 way (as defined in section 1316(b) of MAP–21 (23 

16 U.S.C. 109 note; 126 Stat. 549)) of an existing road 

17 or bridge; and 

18 (3)(A) receive less than $5,000,000 of Federal 

19 funds; or 

20 (B) have a total estimated cost of not more 

21 than $30,000,000 and Federal funds com22 prising less than 15 percent of the total esti23 mated project cost. 

24 (c) PROCESS TO ASSIST RURAL PROJECTS.— 


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1 (1) ASSISTANCE WITH FEDERAL REQUIRE2 MENTS.— 

3 (A) IN GENERAL.—For projects under this 

4 section, the Secretary shall seek to provide, to 

5 the maximum extent practicable, regulatory re6 lief and flexibility consistent with this section. 

7 (B) EXCEPTIONS, EXEMPTIONS, AND ADDI8 TIONAL FLEXIBILITY.—Exceptions, exemptions, 

9 and additional flexibility from regulatory re10 quirements may be granted if, in the opinion of 

11 the Secretary— 

12 (i) the project is not expected to have 

13 a significant adverse impact on the envi14 ronment; 

15 (ii) the project is not expected to have 

16 an adverse impact on safety; and 

17 (iii) the assistance would be in the 

18 public interest for 1 or more reasons, in19 cluding— 

20 (I) reduced project costs; 

21 (II) expedited construction, par22 ticularly in an area where the con23 struction season is relatively short and 

24 not granting the waiver or additional 


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1 flexibility could delay the project to a 

2 later construction season; or 

3 (III) improved safety. 

4 (2) MAINTAINING PROTECTIONS.—Nothing in 

5 this subsection— 

6 (A) waives the requirements of section 113 

7 or 138 of title 23, United States Code; 

8 (B) supersedes, amends, or modifies— 

9 (i) the National Environmental Policy 

10 Act of 1969 (42 U.S.C. 4321 et seq.) or 

11 any other Federal environmental law; or 

12 (ii) any requirement of title 23, 

13 United States Code; or 

14 (C) affects the responsibility of any Fed15 eral officer to comply with or enforce any law 

16 or requirement described in this paragraph. 

17 SEC. 1010. CONSTRUCTION OF FERRY BOATS AND FERRY 

18 TERMINAL FACILITIES. 

19 (a) CONSTRUCTION OF FERRY BOATS AND FERRY

20 TERMINAL FACILITIES.—Section 147 of title 23, United 

21 States Code, is amended— 

22 (1) in subsection (a), by striking ‘‘IN GEN23 ERAL’’ and inserting ‘‘PROGRAM’’; 

24 (2) by striking subsections (d) through (g) and 

25 inserting the following: 


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1 ‘‘(d) FORMULA.—Of the amounts allocated under 

2 subsection (c)— 

3 ‘‘(1) 35 percent shall be allocated among eligi4 ble entities in the proportion that— 

5 ‘‘(A) the number of ferry passengers, in6 cluding passengers in vehicles, carried by each 

7 ferry system in the most recent calendar year 

8 for which data is available; bears to 

9 ‘‘(B) the number of ferry passengers, in10 cluding passengers in vehicles, carried by all 

11 ferry systems in the most recent calendar year 

12 for which data is available; 

13 ‘‘(2) 35 percent shall be allocated among eligi14 ble entities in the proportion that— 

15 ‘‘(A) the number of vehicles carried by 

16 each ferry system in the most recent calendar 

17 year for which data is available; bears to 

18 ‘‘(B) the number of vehicles carried by all 

19 ferry systems in the most recent calendar year 

20 for which data is available; and 

21 ‘‘(3) 30 percent shall be allocated among eligi22 ble entities in the proportion that— 

23 ‘‘(A) the total route nautical miles serviced 

24 by each ferry system in the most recent cal25 endar year for which data is available; bears to 


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1 ‘‘(B) the total route nautical miles serviced 

2 by all ferry systems in the most recent calendar 

3 year for which data is available. 

4 ‘‘(e) REDISTRIBUTION OF UNOBLIGATED

5 AMOUNTS.—The Secretary shall— 

6 ‘‘(1) withdraw amounts allocated to an eligible 

7 entity under subsection (c) that remain unobligated 

8 by the end of the third fiscal year following the fiscal 

9 year for which the amounts were allocated; and 

10 ‘‘(2) in the subsequent fiscal year, redistribute 

11 the funds referred to in paragraph (1) in accordance 

12 with the formula under subsection (d) among eligible 

13 entities for which no amounts were withdrawn under 

14 paragraph (1). 

15 ‘‘(f) MINIMUM AMOUNT.—Notwithstanding sub16 section (c), a State with an eligible entity that meets the 

17 requirements of this section shall receive not less than 

18 $100,000 under this section for a fiscal year. 

19 ‘‘(g) IMPLEMENTATION.— 

20 ‘‘(1) DATA COLLECTION.— 

21 ‘‘(A) NATIONAL FERRY DATABASE.— 

22 Amounts made available for a fiscal year under 

23 this section shall be allocated using the most re24 cent data available, as collected and imputed in 

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1 tablished under section 1801(e) of SAFETEA– 

2 LU (23 U.S.C. 129 note; 119 Stat. 1456). 

3 ‘‘(B) ELIGIBILITY FOR FUNDING.—To be 

4 eligible to receive funds under subsection (c), 

5 data shall have been submitted in the most re6 cent collection of data for the national ferry 

7 database under section 1801(e) of SAFETEA– 

8 LU (23 U.S.C. 129 note; 119 Stat. 1456) for 

9 at least 1 ferry service within the State. 

10 ‘‘(2) ADJUSTMENTS.—On review of the data 

11 submitted under paragraph (1)(B), the Secretary 

12 may make adjustments to the data as the Secretary 

13 determines necessary to correct misreported or in14 consistent data. 

15 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

16 is authorized to be appropriated out of the Highway Trust 

17 Fund (other than the Mass Transit Account) to carry out 

18 this section $75,000,000 for each of fiscal years 2016 

19 through 2021. 

20 ‘‘(i) PERIOD OF AVAILABILITY.—Notwithstanding 

21 section 118(b), funds made available to carry out this sec22 tion shall remain available until expended. 

23 ‘‘(j) APPLICABILITY.—All provisions of this chapter 

24 that are applicable to the National Highway System, other 

25 than provisions relating to apportionment formula and 


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1 Federal share, shall apply to funds made available to carry 

2 out this section, except as determined by the Secretary 

3 to be inconsistent with this section.’’. 

4 (b) NATIONAL FERRY DATABASE.—Section 

5 1801(e)(4) of SAFETEA–LU (23 U.S.C. 129 note; 119 

6 Stat. 1456) is amended by striking subparagraph (D) and 

7 inserting the following: 

8 ‘‘(D) make available, from the amounts 

9 made available for each fiscal year to carry out 

10 chapter 63 of title 49, not more than $500,000 

11 to maintain the database.’’. 

12 (c) CONFORMING AMENDMENTS.—Section 129(c) of 

13 title 23, United States Code, is amended— 

14 (1) in paragraph (2), in the first sentence, by 

15 inserting ‘‘, or on a public transit ferry eligible 

16 under chapter 53 of title 49’’ after ‘‘Interstate Sys17 tem’’; 

18 (2) in paragraph (3)— 

19 (A) by striking ‘‘(3) Such ferry’’ and in20 serting ‘‘(3)(A) The ferry’’; and 

21 (B) by adding at the end the following: 

22 ‘‘(B) Any Federal participation shall not 

23 involve the construction or purchase, for private 

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1 ity, or other eligible project under this sec2 tion.’’; 

3 (3) in paragraph (4), by striking ‘‘and repair,’’ 

4 and inserting ‘‘repair,’’; and 

5 (4) by striking paragraph (6) and inserting the 

6 following: 

7 ‘‘(6) The ferry service shall be maintained in 

8 accordance with section 116. 

9 ‘‘(7)(A) No ferry boat or ferry terminal with 

10 Federal participation under this title may be sold, 

11 leased, or otherwise disposed of, except in accord12 ance with part 18 of title 49, Code of Federal Regu13 lations (as in effect on December 18, 2014). 

14 ‘‘(B) The Federal share of any proceeds from 

15 a disposition referred to in subparagraph (A) shall 

16 be used for eligible purposes under this title.’’. 

17 SEC. 1011. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

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

19 amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (4)(B)— 

22 (i) in the matter preceding clause (i), 

23 by striking ‘‘includes, but is not limited 

24 to,’’ and inserting ‘‘only includes’’; and 


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1 (ii) by adding at the end the fol2 lowing: 

3 ‘‘(xxv) Installation of vehicle-to-infra4 structure communication equipment. 

5 ‘‘(xxvi) Pedestrian hybrid beacons. 

6 ‘‘(xxvii) Roadway improvements that 

7 provide separation between pedestrians and 

8 motor vehicles, including medians and pe9 destrian crossing islands. 

10 ‘‘(xxviii) An infrastructure safety 

11 project not described in clauses (i) through 

12 (xxvii).’’; and 

13 (B) by striking paragraph (10) and redes14 ignating paragraphs (11) through (13) as para15 graphs (10) through (12), respectively; 

16 (2) in subsection (c)(1)(A), by striking ‘‘sub17 section (a)(12)’’ and inserting ‘‘subsection (a)(11)’’; 

18 (3) in subsection (d)(2)(B)(i), by striking ‘‘sub19 section (a)(12)’’ and inserting ‘‘subsection (a)(11)’’; 

20 and 

21 (4) in subsection (g)(1)— 

22 (A) by striking ‘‘increases’’ and inserting 

23 ‘‘does not decrease’’; and 

24 (B) by inserting ‘‘and exceeds the national 

25 fatality rate on rural roads,’’ after ‘‘available,’’. 


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1 SEC. 1012. DATA COLLECTION ON UNPAVED PUBLIC ROADS. 

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

3 amended by adding at the end the following: 

4 ‘‘(k) DATA COLLECTION ON UNPAVED PUBLIC

5 ROADS.— 

6 ‘‘(1) IN GENERAL.—A State may elect not to 

7 collect fundamental data elements for the model in8 ventory of roadway elements on public roads that 

9 are gravel roads or otherwise unpaved if— 

10 ‘‘(A)(i) more than 45 percent of the public 

11 roads in the State are gravel roads or otherwise 

12 unpaved; and 

13 ‘‘(ii) less than 10 percent of fatalities in 

14 the State occur on those unpaved public roads; 

15 or 

16 ‘‘(B)(i) more than 70 percent of the public 

17 roads in the State are gravel roads or otherwise 

18 unpaved; and 

19 ‘‘(ii) less than 25 percent of fatalities in 

20 the State occur on those unpaved public roads. 

21 ‘‘(2) CALCULATION.—The percentages de22 scribed in paragraph (1) shall be based on the aver23 age for the 5 most recent years for which relevant 

24 data is available. 

25 ‘‘(3) USE OF FUNDS.—If a State elects not to 

26 collect data on a road described in paragraph (1), 


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1 the State shall not use funds provided to carry out 

2 this section for a project on that road until the State 

3 completes a collection of the required model inven4 tory of roadway elements for the road.’’. 

5 SEC. 1013. CONGESTION MITIGATION AND AIR QUALITY IM6 PROVEMENT PROGRAM. 

7 Section 149 of title 23, United States Code, is 

8 amended— 

9 (1) in subsection (b)— 

10 (A) in paragraph (1)(A)(i)(I), by inserting 

11 ‘‘in the designated nonattainment area’’ after 

12 ‘‘air quality standard’’; 

13 (B) in paragraph (3), by inserting ‘‘or 

14 maintenance’’ after ‘‘likely to contribute to the 

15 attainment’’; 

16 (C) in paragraph (4), by striking ‘‘attain17 ment of’’ and inserting ‘‘attainment or mainte18 nance of the area of’’; and 

19 (D) in paragraph (8)(A)(ii)— 

20 (i) in the matter preceding subclause 

21 (I), by inserting ‘‘or port-related freight 

22 operations’’ after ‘‘construction projects’’; 

23 and 

24 (ii) in subclause (II), by inserting ‘‘or 

25 chapter 53 of title 49’’ after ‘‘this title’’; 


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1 (2) in subsection (c)(2), by inserting ‘‘(giving 

2 priority to corridors designated under section 151)’’ 

3 after ‘‘at any location in the State’’; 

4 (3) in subsection (d)— 

5 (A) in paragraph (2)— 

6 (i) in subparagraph (A)— 

7 (I) in the matter preceding clause 

8 (i), by inserting ‘‘would otherwise be 

9 eligible under subsection (b) if the 

10 project were carried out in a non11 attainment or maintenance area or’’ 

12 after ‘‘may use for any project that’’; 

13 and 

14 (II) in clause (i), by striking 

15 ‘‘(excluding the amount of funds re16 served under paragraph (1))’’; and 

17 (ii) in subparagraph (B)(i), by strik18 ing ‘‘MAP–21t’’ and inserting ‘‘MAP–21’’; 

19 and 

20 (B) in paragraph (3), by inserting ‘‘, in a 

21 manner consistent with the approach that was 

22 in effect on the day before the date of enact23 ment of MAP–21,’’ after ‘‘the Secretary shall 

24 modify’’; 

25 (4) in subsection (g)— 


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1 (A) in paragraph (2)(B), by striking ‘‘not 

2 later that’’ and inserting ‘‘not later than’’; 

3 (B) in paragraph (3)— 

4 (i) by striking ‘‘States and metropoli5 tan’’ and inserting the following: 

6 ‘‘(A) IN GENERAL.—States and metropoli7 tan’’; 

8 (ii) by striking ‘‘are proven to reduce’’ 

9 and inserting ‘‘reduce directly emitted’’; 

10 and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(B) USE OF PRIORITY FUNDING.—To the 

14 maximum extent practicable, PM2.5 priority 

15 funding shall be used on the most cost-effective 

16 projects and programs that are proven to re17 duce directly emitted fine particulate matter.’’; 

18 (5) in subsection (k)— 

19 (A) in paragraph (1)— 

20 (i) by striking ‘‘that has a nonattain21 ment or maintenance area’’ and inserting 

22 ‘‘that has 1 or more nonattainment or 

23 maintenance areas’’; 

24 (ii) by striking ‘‘a nonattainment or 

25 maintenance area that are’’ and inserting 


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1 ‘‘the nonattainment or maintenance areas 

2 that are’’; 

3 (iii) by striking ‘‘such area’’ both 

4 places it appears and inserting ‘‘such 

5 areas’’; and 

6 (iv) by striking ‘‘such fine particu7 late’’ and inserting ‘‘directly-emitted fine 

8 particulate’’; 

9 (B) in paragraph (2), by striking ‘‘highway 

10 construction’’ and inserting ‘‘transportation 

11 construction’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(3) PM2.5 NONATTAINMENT AND MAINTE14 NANCE IN LOW POPULATION DENSITY STATES.— 

15 ‘‘(A) EXCEPTION.—In any State with a 

16 population density of 75 80 or fewer persons 

17 per square mile of land area, based on the most 

18 recent decennial census, the requirements under 

19 subsection (g)(3) and paragraphs (1) and (2) of 

20 this subsection shall not apply to a nonattain21 ment or maintenance area in the State if— 

22 ‘‘(i) the nonattainment or mainte23 nance area does not have projects that are 

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1 politan transportation plan or transpor2 tation improvement program; and 

3 ‘‘(ii) regional motor vehicle emissions 

4 are an insignificant contributor to the air 

5 quality problem for PM2.5 in the non6 attainment or maintenance area. 

7 ‘‘(B) CALCULATION.—If subparagraph (A) 

8 applies to a nonattainment or maintenance area 

9 in a State, the percentage of the PM2.5 set10 aside under paragraph (1) shall be reduced for 

11 that State proportionately based on the weight12 ed population of the area in fine particulate 

13 matter nonattainment. 

14 ‘‘(4) PORT-RELATED EQUIPMENT AND VEHI15 CLES.—To meet the requirements under paragraph 

16 (1), a State or metropolitan planning organization 

17 may elect to obligate funds to the most cost-effective 

18 projects to reduce emissions from port-related 

19 landside nonroad or on-road equipment that is oper20 ated within the boundaries of a PM2.5 nonattain21 ment or maintenance area.’’; 

22 (6) in subsection (l)(1)(B), by inserting ‘‘air 

23 quality and traffic congestion’’ before ‘‘performance 

24 targets’’; and 


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1 (7) in subsection (m), by striking ‘‘section 

2 104(b)(2)’’ and inserting ‘‘section 104(b)(4)’’. 

3 SEC. 1014. NATIONAL FREIGHT PROGRAM. 

4 (a) IN GENERAL.—Section 167 of title 23, United 

5 States Code, is amended to read as follows: 

6 ‘‘§ 167. National freight program 

7 ‘‘(a) ESTABLISHMENT.— 

8 ‘‘(1) IN GENERAL.—It is the policy of the 

9 United States to improve the condition and perform10 ance of the national highway freight network to en11 sure that the national freight network provides the 

12 foundation for the United States to compete in the 

13 global economy and achieve each goal described in 

14 subsection (b). 

15 ‘‘(2) ESTABLISHMENT.—In support of the goals 

16 described in subsection (b), the Secretary shall es17 tablish a national freight program in accordance 

18 with this section to improve the efficient movement 

19 of freight on the national highway freight network. 

20 ‘‘(b) GOALS.—The goals of the national freight pro21 gram are— 

22 ‘‘(1) to invest in infrastructure improvements 

23 and to implement operational improvements on the 

24 highways of the United States that— 


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1 ‘‘(A) strengthen the contribution of the na2 tional highway freight network to the economic 

3 competitiveness of the United States; 

4 ‘‘(B) reduce congestion and relieve bottle5 necks in the freight transportation system; 

6 ‘‘(C) reduce the cost of freight transpor7 tation; 

8 ‘‘(D) improve the reliability of freight 

9 transportation; and 

10 ‘‘(E) increase productivity, particularly for 

11 domestic industries and businesses that create 

12 high-value jobs; 

13 ‘‘(2) to improve the safety, security, efficiency, 

14 and resiliency of freight transportation in rural and 

15 urban areas; 

16 ‘‘(3) to improve the state of good repair of the 

17 national highway freight network; 

18 ‘‘(4) to use advanced technology to improve the 

19 safety and efficiency of the national highway freight 

20 network; 

21 ‘‘(5) to incorporate concepts of performance, in22 novation, competition, and accountability into the 

23 operation and maintenance of the national highway 

24 freight network; 


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1 ‘‘(6) to improve the efficiency and productivity 

2 of the national highway freight network; and 

3 ‘‘(7) to reduce the environmental impacts of 

4 freight movement. 

5 ‘‘(c) ESTABLISHMENT OF A NATIONAL HIGHWAY

6 FREIGHT NETWORK.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall estab8 lish a national highway freight network in accord9 ance with this section to assist States in strategically 

10 directing resources toward improved system perform11 ance for efficient movement of freight on highways. 

12 ‘‘(2) NETWORK COMPONENTS.—The national 

13 highway freight network shall consist of— 

14 ‘‘(A) the primary highway freight system, 

15 as designated under subsection (d); 

16 ‘‘(B) critical rural freight corridors estab17 lished under subsection (e); 

18 ‘‘(C) critical urban freight corridors estab19 lished under subsection (f); and 

20 ‘‘(D) the portions of the Interstate System 

21 not designated as part of the primary highway 

22 freight system, including designated future 

23 Interstate System routes as of the date of en24 actment of the DRIVE Act. 


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1 ‘‘(d) DESIGNATION AND REDESIGNATION OF THE

2 PRIMARY HIGHWAY FREIGHT SYSTEM.— 

3 ‘‘(1) INITIAL DESIGNATION OF PRIMARY HIGH4 WAY FREIGHT SYSTEM.—The initial designation of 

5 the primary highway freight system shall be— 

6 ‘‘(A) the network designated by the Sec7 retary under section 167(d) of title 23, United 

8 States Code, as in effect on the day before the 

9 date of enactment of the DRIVE Act; and 

10 ‘‘(B) all National Highway System freight 

11 intermodal connectors. 

12 ‘‘(2) REDESIGNATION OF PRIMARY HIGHWAY

13 FREIGHT SYSTEM.— 

14 ‘‘(A) IN GENERAL.—Beginning on the date 

15 that is 1 year after the date of enactment of the 

16 DRIVE Act and every 5 years thereafter, using 

17 the designation factors described in subpara18 graph (E), the Secretary shall redesignate the 

19 primary highway freight system (including any 

20 additional mileage added to the primary high21 way freight system under this paragraph as of 

22 the date on which the redesignation process is 

23 effective). 

24 ‘‘(B) MILEAGE.— 


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1 ‘‘(i) FIRST REDESIGNATION.—In re2 designating the primary highway freight 

3 system on the date that is 1 year after the 

4 date of enactment of the DRIVE Act, the 

5 Secretary shall limit the system to 30,000 

6 centerline miles, without regard to the 

7 connectivity of the primary highway freight 

8 system. 

9 ‘‘(ii) SUBSEQUENT REDESIGNA10 TIONS.—Each redesignation after the re11 designation described in clause (i), the Sec12 retary may increase the primary highway 

13 freight system by up to 5 percent of the 

14 total mileage of the system, without regard 

15 to the connectivity of the primary highway 

16 freight system. 

17 ‘‘(C) CONSIDERATIONS.— 

18 ‘‘(i) IN GENERAL.—In redesignating 

19 the primary highway freight system, to the 

20 maximum extent practicable, the Secretary 

21 shall use measurable data to assess the 

22 significance of goods movement, including 

23 consideration of points of origin, destina24 tion, and linking components of the United 

25 States global and domestic supply chains. 


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1 ‘‘(ii) INTERMODAL CONNECTORS.—In 

2 redesignating the primary highway freight 

3 system, the Secretary shall include all Na4 tional Highway System freight intermodal 

5 connectors. 

6 ‘‘(D) INPUT.—In addition to the process 

7 provided to State freight advisory committees 

8 under paragraph (3), in redesignating the pri9 mary highway freight system, the Secretary 

10 shall provide an opportunity for State freight 

11 advisory committees to submit additional miles 

12 for consideration. 

13 ‘‘(E) FACTORS FOR REDESIGNATION.—In 

14 redesignating the primary highway freight sys15 tem, the Secretary shall consider— 

16 ‘‘(i) the origins and destinations of 

17 freight movement in, to, and from the 

18 United States; 

19 ‘‘(ii) land and water ports of entry; 

20 ‘‘(iii) access to energy exploration, de21 velopment, installation, or production 

22 areas; 

23 ‘‘(iv) proximity of access to other 

24 freight intermodal facilities, including rail, 

25 air, water, and pipelines; 


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1 ‘‘(v) the total freight tonnage and 

2 value moved via highways; 

3 ‘‘(vi) significant freight bottlenecks, as 

4 identified by the Secretary; 

5 ‘‘(vii) the annual average daily truck 

6 traffic on principal arterials; and 

7 ‘‘(viii) the significance of goods move8 ment on principal arterials, including con9 sideration of global and domestic supply 

10 chains. 

11 ‘‘(3) STATE FLEXIBILITY FOR ADDITIONAL

12 MILES ON PRIMARY HIGHWAY FREIGHT SYSTEM.— 

13 ‘‘(A) IN GENERAL.—Not later than 1 year 

14 after each redesignation conducted by the Sec15 retary under paragraph (2), each State, under 

16 the advisement of the State freight advisory 

17 committee, as established in accordance with 

18 subsection (n), may increase the number of 

19 miles designated as part of the primary high20 way freight system in that State by not more 

21 than 10 percent of the miles designated in that 

22 State under this subsection if the additional 

23 miles— 

24 ‘‘(i) close gaps between primary high25 way freight system segments; 


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1 ‘‘(ii) establish connections of the pri2 mary highway freight system critical to the 

3 efficient movement of goods, including 

4 ports, international border crossings, air5 ports, intermodal facilities, logistics cen6 ters, warehouses, and agricultural facili7 ties; or 

8 ‘‘(iii) designate critical emerging 

9 freight routes. 

10 ‘‘(B) CONSIDERATIONS.—Each State, 

11 under the advisement of the State freight advi12 sory committee that increases the number of 

13 miles on the primary highway freight system 

14 under subparagraph (A) shall— 

15 ‘‘(i) consider nominations for the ad16 ditional miles from metropolitan planning 

17 organizations within the State; 

18 ‘‘(ii) ensure that the additional miles 

19 are consistent with the freight plan of the 

20 State; and 

21 ‘‘(iii) review the primary highway 

22 freight system of the State designated 

23 under paragraph (1) and redesignate miles 

24 in a manner that is consistent with para25 graph (2). 


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1 ‘‘(C) SUBMISSION.—Each State, under the 

2 advisement of the State freight advisory com3 mittee shall— 

4 ‘‘(i) submit to the Secretary a list of 

5 the additional miles added under this sub6 section; and 

7 ‘‘(ii) certify that— 

8 ‘‘(I) the additional miles meet the 

9 requirements of subparagraph (A); 

10 and 

11 ‘‘(II) the State, under the advise12 ment of the State freight advisory 

13 committee has satisfied the require14 ments of subparagraph (B). 

15 ‘‘(e) CRITICAL RURAL FREIGHT CORRIDORS.—A 

16 State may designate a public road within the borders of 

17 the State as a critical rural freight corridor if the public 

18 road— 

19 ‘‘(1) is a rural principal arterial roadway and 

20 has a minimum of 25 percent of the annual average 

21 daily traffic of the road measured in passenger vehi22 cle equivalent units from trucks (Federal Highway 

23 Administration vehicle class 8 to 13); 

24 ‘‘(2) provides access to energy exploration, de25 velopment, installation, or production areas; 


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1 ‘‘(3) connects the primary highway freight sys2 tem, a roadway described in paragraph (1) or (2), 

3 or the Interstate System to facilities that handle 

4 more than— 

5 ‘‘(A) 50,000 20-foot equivalent units per 

6 year; or 

7 ‘‘(B) 500,000 tons per year of bulk com8 modities; 

9 ‘‘(4) provides access to— 

10 ‘‘(A) a grain elevator; 

11 ‘‘(B) an agricultural facility; 

12 ‘‘(C) a mining facility; 

13 ‘‘(D) a forestry facility; or 

14 ‘‘(E) an intermodal facility; 

15 ‘‘(5) connects to an international port of entry; 

16 ‘‘(6) provides access to significant air, rail, 

17 water, or other freight facilities in the State; or 

18 ‘‘(7) is, in the determination of the State, vital 

19 to improving the efficient movement of freight of im20 portance to the economy of the State. 

21 ‘‘(f) CRITICAL URBAN FREIGHT CORRIDORS.— 

22 ‘‘(1) URBANIZED AREA WITH POPULATION OF

23 500,000 OR MORE.—In an urbanized area with a pop24 ulation of 500,000 or more individuals, the rep25 resentative metropolitan planning organization, in 


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1 consultation with the State, may designate a public 

2 road within the borders of that area of the State as 

3 a critical urban freight corridor. 

4 ‘‘(2) URBANIZED AREA WITH A POPULATION

5 LESS THAN 500,000.—In an urbanized area with a 

6 population of less than 500,000 individuals, the 

7 State, in consultation with the representative metro8 politan planning organization, may designate a pub9 lic road within the borders of that area of the State 

10 as a critical urban freight corridor. 

11 ‘‘(3) REQUIREMENTS FOR DESIGNATION.—A 

12 designation may be made under paragraphs (1) or 

13 (2) if the public road— 

14 ‘‘(A) is in an urbanized area, regardless of 

15 population; and 

16 ‘‘(B)(i) connects an intermodal facility 

17 to— 

18 ‘‘(I) the primary highway freight net19 work; 

20 ‘‘(II) the Interstate System; or 

21 ‘‘(III) an intermodal freight facility; 

22 ‘‘(ii) is located within a corridor of a route 

23 on the primary highway freight network and 

24 provides an alternative highway option impor25 tant to goods movement; 


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1 ‘‘(iii) serves a major freight generator, lo2 gistic center, or manufacturing and warehouse 

3 industrial land; or 

4 ‘‘(iv) is important to the movement of 

5 freight within the region, as determined by the 

6 metropolitan planning organization or the 

7 State. 

8 ‘‘(g) DESIGNATION AND CERTIFICATION.— 

9 ‘‘(1) DESIGNATION.—States and metropolitan 

10 planning organizations may designate corridors 

11 under subsections (e) and (f) and submit the des12 ignated corridors to the Secretary on a rolling basis. 

13 ‘‘(2) CERTIFICATION.—Each State or metro14 politan planning organization that designates a cor15 ridor under subsection (e) or (f) shall certify to the 

16 Secretary that the designated corridor meets the re17 quirements of the applicable subsection. 

18 ‘‘(h) NATIONAL FREIGHT STRATEGIC PLAN.— 

19 ‘‘(1) INITIAL DEVELOPMENT OF NATIONAL

20 FREIGHT STRATEGIC PLAN.—Not later than 3 years 

21 after the date of enactment of the DRIVE Act, the 

22 Secretary, in consultation with State departments of 

23 transportation, metropolitan planning organizations, 

24 and other appropriate public and private transpor25 tation stakeholders, shall develop and post on the 


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1 public website of the Department of Transportation 

2 a national freight strategic plan that includes— 

3 ‘‘(A) an assessment of the condition and 

4 performance of the national highway freight 

5 network; 

6 ‘‘(B) an identification of highway bottle7 necks on the national highway freight network 

8 that create significant freight congestion (in9 cluding congestion on other nonhighway freight 

10 routes) based on a quantitative methodology de11 veloped by the Secretary, which shall, at a min12 imum, include— 

13 ‘‘(i) information from the Freight 

14 Analysis Framework of the Federal High15 way Administration; and 

16 ‘‘(ii) to the maximum extent prac17 ticable, an estimate of the cost of address18 ing each bottleneck and any operational 

19 improvements that could be implemented; 

20 ‘‘(C) forecasts of freight volumes, based on 

21 the most recent data available, for the 10- and 

22 20-year period beginning in the year during 

23 which the plan is issued; 

24 ‘‘(D) an identification of major trade gate25 ways and national freight corridors, including 


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1 nonhighway corridors, that connect major popu2 lation centers, trade gateways, and other major 

3 freight generators for current and forecasted 

4 traffic and freight volumes, the identification of 

5 which shall be revised, as appropriate, in subse6 quent plans; 

7 ‘‘(E) an assessment of statutory, regu8 latory, technological, institutional, financial, 

9 and other barriers to improved freight transpor10 tation performance (including opportunities for 

11 overcoming the barriers); 

12 ‘‘(F) an identification of routes providing 

13 access to energy exploration, development, in14 stallation, or production areas; 

15 ‘‘(G) best practices for improving the per16 formance of the national highway freight net17 work; 

18 ‘‘(H) best practices to mitigate the impacts 

19 of freight movement on communities; 

20 ‘‘(I) a process for addressing multistate 

21 projects and encouraging jurisdictions to col22 laborate on multistate projects; 

23 ‘‘(J) identification of locations or areas 

24 with high crash rates or congestion involving 


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1 freight traffic, and strategies to address those 

2 issues; and 

3 ‘‘(K) strategies to improve freight inter4 modal connectivity. 

5 ‘‘(2) UPDATES TO NATIONAL FREIGHT STRA6 TEGIC PLAN.—Not later than 5 years after the date 

7 of completion of the first national freight strategic 

8 plan under paragraph (1) and every 5 years there9 after, the Secretary shall update and repost on the 

10 public website of the Department of Transportation 

11 a revised national freight strategic plan. 

12 ‘‘(i) HIGHWAY FREIGHT TRANSPORTATION CONDI13 TIONS AND PERFORMANCE REPORTS.—Not later than 2 

14 years after the date of enactment of the DRIVE Act and 

15 biennially thereafter, the Secretary shall prepare and sub16 mit to Congress a report that describes the conditions and 

17 performance of the national highway freight network in 

18 the United States. 

19 ‘‘(j) TRANSPORTATION INVESTMENT DATA AND

20 PLANNING TOOLS.— 

21 ‘‘(1) IN GENERAL.—Not later than 1 year after 

22 the date of enactment of the DRIVE Act, the Sec23 retary shall— 

24 ‘‘(A) begin development of new tools and 

25 improvement of existing tools to support an 


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1 outcome-oriented, performance-based approach 

2 to evaluate proposed freight-related and other 

3 transportation projects, including— 

4 ‘‘(i) methodologies for systematic 

5 analysis of benefits and costs on a national 

6 and regional basis; 

7 ‘‘(ii) tools for ensuring that the eval8 uation of freight-related and other trans9 portation projects could consider safety, 

10 economic competitiveness, environmental 

11 sustainability, and system condition in the 

12 project selection process; 

13 ‘‘(iii) improved methods for data col14 lection and trend analysis; 

15 ‘‘(iv) encouragement of public-private 

16 partnerships to carry out data sharing ac17 tivities while maintaining the confiden18 tiality of all proprietary data; and 

19 ‘‘(v) other tools to assist in effective 

20 transportation planning; 

21 ‘‘(B) identify transportation-related model 

22 data elements to support a broad range of eval23 uation methods and techniques to assist in 

24 making transportation investment decisions; 

25 and 


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1 ‘‘(C) at a minimum, in consultation with 

2 other relevant Federal agencies, consider any 

3 improvements to existing freight flow data col4 lection efforts that could reduce identified 

5 freight data gaps and deficiencies and help im6 prove forecasts of freight transportation de7 mand. 

8 ‘‘(2) CONSULTATION.—The Secretary shall con9 sult with Federal, State, and other stakeholders to 

10 develop, improve, and implement the tools and col11 lect the data described in paragraph (1). 

12 ‘‘(k) USE OF APPORTIONED FUNDS.— 

13 ‘‘(1) IN GENERAL.—A State shall obligate 

14 funds apportioned to the State under section 

15 104(b)(5) to improve the movement of freight on the 

16 national highway freight network. 

17 ‘‘(2) FORMULA.—The Secretary shall calculate 

18 for each State the proportion that— 

19 ‘‘(A) the total mileage in the State des20 ignated as part of the primary highway freight 

21 system; bears to 

22 ‘‘(B) the total mileage of the primary high23 way freight system in all States. 

24 ‘‘(3) USE OF FUNDS.— 


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1 ‘‘(A) STATES WITH HIGH PRIMARY HIGH2 WAY FREIGHT SYSTEM MILEAGE.—If the pro3 portion of a State under paragraph (2) is great4 er than or equal to 3 percent, the State may ob5 ligate funds apportioned to the State under sec6 tion 104(b)(5) for projects on— 

7 ‘‘(i) the primary highway freight sys8 tem; 

9 ‘‘(ii) critical rural freight corridors; 

10 and 

11 ‘‘(iii) critical urban freight corridors. 

12 ‘‘(B) STATES WITH LOW PRIMARY HIGH13 WAY FREIGHT SYSTEM MILEAGE.—If the pro14 portion of a State under paragraph (2) is less 

15 than 3 percent, the State may obligate funds 

16 apportioned to the State under section 

17 104(b)(5) for projects on any component of the 

18 national highway freight network. 

19 ‘‘(4) FREIGHT PLANNING.—Notwithstanding 

20 any other provision of law, effective beginning 2 

21 years after the date of enactment of the DRIVE 

22 Act, a State may not obligate funds apportioned to 

23 the State under section 104(b)(5) unless the State 

24 has— 


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1 ‘‘(A) established a freight advisory com2 mittee in accordance with subsection (n); and 

3 ‘‘(B) developed a freight plan in accord4 ance with subsection (o). 

5 ‘‘(5) ELIGIBILITY.— 

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

7 this subsection, for a project to be eligible for 

8 funding under this section the project shall— 

9 ‘‘(i) contribute to the efficient move10 ment of freight on the national highway 

11 freight network; and 

12 ‘‘(ii) be consistent with a freight in13 vestment plan included in a freight plan of 

14 the State that is in effect. 

15 ‘‘(B) OTHER PROJECTS.—A State may ob16 ligate not more than 10 percent of the total ap17 portionment of the State under section 

18 104(b)(5) for projects— 

19 ‘‘(i) within the boundaries of public 

20 and private freight rail, water facilities (in21 cluding ports), and intermodal facilities; 

22 and 

23 ‘‘(ii) that provide surface transpor24 tation infrastructure necessary to facilitate 


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1 direct intermodal interchange, transfer, 

2 and access into and out of the facility. 

3 ‘‘(C) ELIGIBLE PROJECTS.—Funds appor4 tioned to the State under section 104(b)(5) for 

5 the national freight program may be obligated 

6 to carry out 1 or more of the following: 

7 ‘‘(i) Development phase activities, in8 cluding planning, feasibility analysis, rev9 enue forecasting, environmental review, 

10 preliminary engineering and design work, 

11 and other preconstruction activities. 

12 ‘‘(ii) Construction, reconstruction, re13 habilitation, acquisition of real property 

14 (including land relating to the project and 

15 improvements to land), construction con16 tingencies, acquisition of equipment, and 

17 operational improvements directly relating 

18 to improving system performance. 

19 ‘‘(iii) Intelligent transportation sys20 tems and other technology to improve the 

21 flow of freight, including intelligent freight 

22 transportation systems. 

23 ‘‘(iv) Efforts to reduce the environ24 mental impacts of freight movement. 


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1 ‘‘(v) Environmental and community 

2 mitigation of freight movement. 

3 ‘‘(vi) Railway-highway grade separa4 tion. 

5 ‘‘(vii) Geometric improvements to 

6 interchanges and ramps. 

7 ‘‘(viii) Truck-only lanes. 

8 ‘‘(ix) Climbing and runaway truck 

9 lanes. 

10 ‘‘(x) Adding or widening of shoulders. 

11 ‘‘(xi) Truck parking facilities eligible 

12 for funding under section 1401 of MAP– 

13 21 (23 U.S.C. 137 note; Public Law 112– 

14 141). 

15 ‘‘(xii) Real-time traffic, truck parking, 

16 roadway condition, and multimodal trans17 portation information systems. 

18 ‘‘(xiii) Electronic screening and 

19 credentialing systems for vehicles, includ20 ing weigh-in-motion truck inspection tech21 nologies. 

22 ‘‘(xiv) Traffic signal optimization, in23 cluding synchronized and adaptive signals. 

24 ‘‘(xv) Work zone management and in25 formation systems. 


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1 ‘‘(xvi) Highway ramp metering. 

2 ‘‘(xvii) Electronic cargo and border se3 curity technologies that improve truck 

4 freight movement. 

5 ‘‘(xviii) Intelligent transportation sys6 tems that would increase truck freight effi7 ciencies inside the boundaries of inter8 modal facilities. 

9 ‘‘(xix) Additional road capacity to ad10 dress highway freight bottlenecks. 

11 ‘‘(xx) A highway project, other than a 

12 project described in clauses (i) through 

13 (xix), to improve the flow of freight on the 

14 national highway freight network. 

15 ‘‘(xxi) Any other surface transpor16 tation project to improve the flow of 

17 freight into and out of a facility described 

18 in subparagraph (B). 

19 ‘‘(6) OTHER ELIGIBLE COSTS.—In addition to 

20 the eligible projects identified in paragraph (5), a 

21 State may use funds apportioned under section 

22 104(b)(5) for— 

23 ‘‘(A) carrying out diesel retrofit or alter24 native fuel projects under section 149 for class 

25 8 vehicles; and 


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1 ‘‘(B) the necessary costs of— 

2 ‘‘(i) conducting analyses and data col3 lection related to the national freight pro4 gram; 

5 ‘‘(ii) developing and updating per6 formance targets to carry out this section; 

7 and 

8 ‘‘(iii) reporting to the Secretary to 

9 comply with section 150. 

10 ‘‘(7) APPLICABILITY OF PLANNING REQUIRE11 MENTS.—Programming and expenditure of funds for 

12 projects under this section shall be consistent with 

13 the requirements of sections 134 and 135. 

14 ‘‘(l) STATE PERFORMANCE TARGETS.—If the Sec15 retary determines that a State has not met or made sig16 nificant progress toward meeting the performance targets 

17 related to freight movement of the State established under 

18 section 150(d) by the date that is 2 years after the date 

19 of the establishment of the performance targets, until the 

20 date on which the Secretary determines that the State has 

21 met or has made significant progress towards meeting the 

22 performance targets, the State shall submit to the Sec23 retary, on a biennial basis, a freight performance improve24 ment plan that includes— 


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1 ‘‘(1) an identification of significant freight sys2 tem trends, needs, and issues within the State; 

3 ‘‘(2) a description of the freight policies and 

4 strategies that will guide the freight-related trans5 portation investments of the State; 

6 ‘‘(3) an inventory of freight bottlenecks within 

7 the State and a description of the ways in which the 

8 State is allocating the national freight program 

9 funds to improve those bottlenecks; and 

10 ‘‘(4) a description of the actions the State will 

11 undertake to meet the performance targets of the 

12 State. 

13 ‘‘(m) STUDY OF MULTIMODAL PROJECTS.—Not later 

14 than 2 years after the date of enactment of the DRIVE 

15 Act, the Secretary shall submit to Congress a report that 

16 contains— 

17 ‘‘(1) a study of freight projects identified in 

18 State freight plans under subsection (o); and 

19 ‘‘(2) an evaluation of multimodal freight 

20 projects included in the State freight plans, or other21 wise identified by States, that are subject to the lim22 itation of funding for such projects under this sec23 tion. 

24 ‘‘(n) STATE FREIGHT ADVISORY COMMITTEES.— 


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1 ‘‘(1) IN GENERAL.—Each State shall establish 

2 a freight advisory committee consisting of a rep3 resentative cross-section of public and private sector 

4 freight stakeholders, including representatives of 

5 ports, shippers, carriers, freight-related associations, 

6 the freight industry workforce, the transportation 

7 department of the State, and local governments. 

8 ‘‘(2) ROLE OF COMMITTEE.—A freight advisory 

9 committee of a State described in paragraph (1) 

10 shall— 

11 ‘‘(A) advise the State on freight-related 

12 priorities, issues, projects, and funding needs; 

13 ‘‘(B) serve as a forum for discussion for 

14 State transportation decisions affecting freight 

15 mobility; 

16 ‘‘(C) communicate and coordinate regional 

17 priorities with other organizations; 

18 ‘‘(D) promote the sharing of information 

19 between the private and public sectors on 

20 freight issues; and 

21 ‘‘(E) participate in the development of the 

22 freight plan of the State described in subsection 

23 (o). 

24 ‘‘(o) STATE FREIGHT PLANS.— 


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

2 freight plan that provides a comprehensive plan for 

3 the immediate and long-range planning activities 

4 and investments of the State with respect to freight. 

5 ‘‘(2) PLAN CONTENTS.—A freight plan de6 scribed in paragraph (1) shall include, at a min7 imum— 

8 ‘‘(A) an identification of significant freight 

9 system trends, needs, and issues with respect to 

10 the State; 

11 ‘‘(B) a description of the freight policies, 

12 strategies, and performance measures that will 

13 guide the freight-related transportation invest14 ment decisions of the State; 

15 ‘‘(C) when applicable, a listing of critical 

16 rural and urban freight corridors designated 

17 within the State under this section; 

18 ‘‘(D) a description of how the plan will im19 prove the ability of the State to meet the na20 tional freight goals established under subsection 

21 (b); 

22 ‘‘(E) evidence of consideration of innova23 tive technologies and operational strategies, in24 cluding intelligent transportation systems, that 


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1 improve the safety and efficiency of freight 

2 movement; 

3 ‘‘(E) a description of how innovative tech4 nologies and operational strategies, including in5 telligent transportation systems, that improve 

6 the safety and efficiency of freight movement, 

7 were considered; 

8 ‘‘(F) in the case of routes on which travel 

9 by heavy vehicles (including mining, agricul10 tural, energy cargo or equipment, and timber 

11 vehicles) is projected to substantially deteriorate 

12 the condition of roadways, a description of im13 provements that may be required to reduce or 

14 impede the deterioration; 

15 ‘‘(G) an inventory of facilities with freight 

16 mobility issues, such as truck bottlenecks, with17 in the State, and a description of the strategies 

18 the State is employing to address those freight 

19 mobility issues; 

20 ‘‘(H) consideration of any significant con21 gestion or delay caused by freight movements 

22 and any strategies to mitigate that congestion 

23 or delay; and 

24 ‘‘(I) a freight investment plan that, subject 

25 to paragraph (3)(B), includes a list of priority 


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1 projects and describes how funds made avail2 able to carry out this section would be invested 

3 and matched. 

4 ‘‘(3) RELATIONSHIP TO LONG-RANGE PLAN.— 

5 ‘‘(A) INCORPORATION.—A freight plan de6 scribed in paragraph (1) may be developed sep7 arately from or incorporated into the statewide 

8 strategic long-range transportation plan re9 quired by section 135. 

10 ‘‘(B) FISCAL CONSTRAINT.—The freight 

11 investment plan component of a freight plan 

12 shall include a project, or an identified phase of 

13 a project, only if funding for completion of the 

14 project can reasonably be anticipated to be 

15 available for the project within the time period 

16 identified in the freight investment plan. 

17 ‘‘(4) PLANNING PERIOD.—The freight plan 

18 shall address a 10-year forecast period. 

19 ‘‘(5) UPDATES.— 

20 ‘‘(A) IN GENERAL.—A State shall update 

21 the freight plan not less frequently than once 

22 every 5 years. 

23 ‘‘(B) FREIGHT INVESTMENT PLAN.—A 

24 State may update the freight investment plan 


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1 more frequently than is required under sub2 paragraph (A). 

3 ‘‘(p) INTELLIGENT FREIGHT TRANSPORTATION SYS4 TEM.— 

5 ‘‘(1) DEFINITION OF INTELLIGENT FREIGHT

6 TRANSPORTATION SYSTEM.—In this section, the 

7 term ‘intelligent freight transportation system’ 

8 means— 

9 ‘‘(A) an innovative or intelligent techno10 logical transportation system, infrastructure, or 

11 facilities, including electronic roads, driverless 

12 trucks, elevated freight transportation facilities, 

13 and other intelligent freight transportation sys14 tems; and 

15 ‘‘(B) a communications or information 

16 processing system used singly or in combination 

17 for dedicated intelligent freight lanes and con18 veyances that improve the efficiency, security, 

19 or safety of freight on the Federal-aid highway 

20 system or that operate to convey freight or im21 prove existing freight movements. 

22 ‘‘(2) LOCATION.—An intelligent freight trans23 portation system shall be located— 

24 ‘‘(A)(i) along existing Federal-aid high25 ways; or 


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1 ‘‘(ii) in a manner that connects ports-of2 entry to existing Federal-aid highways; and 

3 ‘‘(B) in proximity to, or within, an existing 

4 right-of-way on a Federal-aid highway. 

5 ‘‘(3) OPERATING STANDARDS.—The Adminis6 trator of the Federal Highway Administration shall 

7 determine the need for establishing operating stand8 ards for intelligent freight transportation systems.’’. 

9 (b) CONFORMING AMENDMENTS.— 

10 (1) The analysis for chapter 1 of title 23, 

11 United States Code, is amended by adding at the 

12 end the following: 

‘‘167. National freight program.’’ 

13 (2) Sections 1116, 1117, and 1118 of MAP–21 

14 (23 U.S.C. 167 note; Public Law 112–141) are re15 pealed. 

16 SEC. 1015. ASSISTANCE FOR MAJOR PROJECTS PROGRAM. 

17 (a) IN GENERAL.—Chapter 1 of title 23, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘§ 171. Assistance for major projects program 

21 ‘‘(a) PURPOSE OF PROGRAM.—The purpose of the as22 sistance for major projects program shall be to assist in 

23 funding critical high-cost surface transportation infra24 structure projects that— 


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1 ‘‘(1) are difficult to complete with existing Fed2 eral, State, local, and private funds; and 

3 ‘‘(2) will achieve 1 or more of— 

4 ‘‘(A) generation of national or regional 

5 economic benefits and an increase in the global 

6 economic competitiveness of the United States; 

7 ‘‘(B) reduction of congestion and the im8 pacts of congestion; 

9 ‘‘(C) improvement of roadways vital to na10 tional energy security; 

11 ‘‘(D) improvement of the efficiency, reli12 ability, and affordability of the movement of 

13 freight; 

14 ‘‘(E) improvement of transportation safety; 

15 ‘‘(F) improvement of existing and des16 ignated future Interstate System routes; or 

17 ‘‘(G) improvement of the movement of peo18 ple through improving rural connectivity and 

19 metropolitan accessibility. 

20 ‘‘(b) DEFINITIONS.—In this section: 

21 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis22 trator’ means the Administrator of the Federal 

23 Highway Administration. 

24 ‘‘(2) ELIGIBLE APPLICANT.—The term ‘eligible 

25 applicant’ means— 


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1 ‘‘(A) a State (or a group of States); 

2 ‘‘(B) a local government; 

3 ‘‘(C) a tribal government (or a consortium 

4 of tribal governments); 

5 ‘‘(D) a transit agency; 

6 ‘‘(E) a special purpose district or a public 

7 authority with a transportation function; 

8 ‘‘(F) a port authority; 

9 ‘‘(G) a political subdivision of a State or 

10 local government; 

11 ‘‘(H) a Federal land management agency, 

12 jointly with the applicable State; or 

13 ‘‘(I) a multistate or multijurisdictional 

14 group of entities described in subparagraphs 

15 (A) through (H). 

16 ‘‘(3) ELIGIBLE PROJECT.— 

17 ‘‘(A) IN GENERAL.—The term ‘eligible 

18 project’ means a surface transportation project, 

19 or a program of integrated surface transpor20 tation projects closely related in the function 

21 the projects perform, that— 

22 ‘‘(i) is a capital project that is eligible 

23 for Federal financial assistance under— 

24 ‘‘(I) this title; or 

25 ‘‘(II) chapter 53 of title 49; and 


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1 ‘‘(ii) except as provided in subpara2 graph (B), has eligible project costs that 

3 are reasonably anticipated to equal or ex4 ceed the lesser of— 

5 ‘‘(I) $350,000,000; and 

6 ‘‘(II)(aa) for a project located in 

7 a single State, 30 25 percent of the 

8 amount of Federal-aid highway funds 

9 apportioned to the State for the most 

10 recently completed fiscal year; 

11 ‘‘(III) for a project located in a 

12 single rural State with a population 

13 density of 75 80 or fewer persons per 

14 square mile based on the most recent 

15 decennial census, 10 percent of the 

16 amount of Federal-aid highway funds 

17 apportioned to the State for the most 

18 recently completed fiscal year; or 

19 ‘‘(IV) for a project located in 

20 more than 1 State, 75 percent of the 

21 amount of Federal-aid highway funds 

22 apportioned to the participating State 

23 that has the largest apportionment for 

24 the most recently completed fiscal 

25 year. 


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1 ‘‘(B) FEDERAL LAND TRANSPORTATION

2 FACILITY.—In the case of a Federal land trans3 portation facility, the term ‘eligible project’ 

4 means a Federal land transportation facility 

5 that has eligible project costs that are reason6 ably anticipated to equal or exceed 

7 $150,000,000. 

8 ‘‘(4) ELIGIBLE PROJECT COSTS.—The term ‘eli9 gible project costs’ means the costs of— 

10 ‘‘(A) development phase activities, includ11 ing planning, feasibility analysis, revenue fore12 casting, environmental review, preliminary engi13 neering and design work, and other 

14 preconstruction activities; and 

15 ‘‘(B) construction, reconstruction, rehabili16 tation, and acquisition of real property (includ17 ing land related to the project and improve18 ments to land), environmental mitigation, con19 struction contingencies, acquisition of equip20 ment directly related to improving system per21 formance, and operational improvements. 

22 ‘‘(5) RURAL AREA.—The term ‘rural area’ 

23 means an area that is outside of an urbanized area 

24 with a population greater than 150,000 individuals, 

25 as determined by the Bureau of the Census. 


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1 ‘‘(6) RURAL STATE.—The term ‘rural State’ 

2 means a State that has a population density of 75 

3 80 or fewer persons per square mile, based on the 

4 most recent decennial census. 

5 ‘‘(c) ESTABLISHMENT OF PROGRAM.—The Adminis6 trator shall establish a program in accordance with this 

7 section to provide grants for projects that will have a sig8 nificant impact on a region or the Nation. 

9 ‘‘(d) SOLICITATIONS AND APPLICATIONS.— 

10 ‘‘(1) GRANT SOLICITATIONS.—The Adminis11 trator shall conduct a transparent and competitive 

12 national solicitation process to review eligible 

13 projects for funding under this section. 

14 ‘‘(2) APPLICATIONS.— 

15 ‘‘(A) IN GENERAL.—An eligible applicant 

16 seeking a grant under this section shall submit 

17 to the Administrator an application in such 

18 form and containing such information as the 

19 Administrator determines necessary, including 

20 the total amount of the grant requested. 

21 ‘‘(B) CONTENTS.—Each application sub22 mitted under this paragraph shall include data 

23 on the most recent system performance and es24 timated system improvements that will result 

25 from completion of the eligible project, includVerDate Sep 11 2014 22:56 Jul 15, 2015 Jkt 049200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.RS S1647

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1 ing projections for improvements 5, 10, and 20 

2 years after completion of the project. 

3 ‘‘(C) RESUBMISSION OF APPLICATIONS.— 

4 An eligible applicant whose project is not se5 lected under this section may resubmit an appli6 cation in a subsequent solicitation. 

7 ‘‘(e) CRITERIA FOR PROJECT EVALUATION AND SE8 LECTION.— 

9 ‘‘(1) IN GENERAL.—The Administrator may se10 lect a project for funding under this section only if 

11 the Administrator determines that the project— 

12 ‘‘(A) is consistent with the national goals 

13 described in section 150(b); 

14 ‘‘(B) will significantly improve the per15 formance of the national surface transportation 

16 network, nationally or regionally; 

17 ‘‘(C) is based on the results of preliminary 

18 engineering; 

19 ‘‘(D) is consistent with the long-range 

20 statewide transportation plan; 

21 ‘‘(E) cannot be readily and efficiently com22 pleted without Federal financial assistance; 

23 ‘‘(F) is justified based on the ability of the 

24 project to achieve 1 or more of— 


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1 ‘‘(i) generation of national economic 

2 benefits that reasonably exceed the costs of 

3 the project; 

4 ‘‘(ii) reduction of long-term conges5 tion, including impacts on a national, re6 gional, and statewide basis; 

7 ‘‘(iii) an increase in the speed, reli8 ability, and accessibility of the movement 

9 of people or freight; or 

10 ‘‘(iv) improvement of transportation 

11 safety, including reducing transportation 

12 accident and serious injuries and fatalities; 

13 and 

14 ‘‘(G) is supported by a sufficient amount 

15 of non-Federal funding, including evidence of 

16 stable and dependable financing to construct, 

17 maintain, and operate the infrastructure facil18 ity. 

19 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In evalu20 ating a project under this section, in addition to the 

21 criteria described in paragraph (1), the Adminis22 trator shall consider the extent to which the 

23 project— 

24 ‘‘(A) leverages Federal investment by en25 couraging non-Federal contributions to the 


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1 project, including contributions from public-pri2 vate partnerships; 

3 ‘‘(B) is able to begin construction by the 

4 date that is not later than 18 months after the 

5 date on which the project is selected; 

6 ‘‘(C) incorporates innovative project deliv7 ery and financing to the maximum extent prac8 ticable; 

9 ‘‘(D) helps maintain or protect the envi10 ronment; 

11 ‘‘(E) improves roadways vital to national 

12 energy security; 

13 ‘‘(F) improves or upgrades designated fu14 ture Interstate System routes; 

15 ‘‘(G) uses innovative technologies, includ16 ing intelligent transportation systems, that en17 hance the efficiency of the project; and 

18 ‘‘(H) helps to improve mobility and acces19 sibility. 

20 ‘‘(f) GEOGRAPHIC DISTRIBUTION.—In awarding 

21 grants under this section, the Administrator shall take 

22 measures to ensure, to the maximum extent practicable— 

23 ‘‘(1) an equitable geographic distribution of 

24 amounts; and 


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1 ‘‘(2) an appropriate balance in addressing the 

2 needs of rural and urban communities. 

3 ‘‘(g) FUNDING REQUIREMENTS.— 

4 ‘‘(1) IN GENERAL.—Except in the case of 

5 projects described in paragraph (2), the amount of 

6 a grant under this section shall be at least 

7 $50,000,000. 

8 ‘‘(2) RURAL PROJECTS.—The amounts made 

9 available for a fiscal year under this section for eligi10 ble projects located in rural areas or in rural States 

11 shall not be— 

12 ‘‘(A) less than 20 percent of the amount 

13 made available for the fiscal year under this 

14 section; and 

15 ‘‘(B) subject to paragraph (1). 

16 ‘‘(3) LIMITATION OF FUNDS.—Not more than 

17 20 percent of the funds made available for a fiscal 

18 year to carry out this section shall be allocated for 

19 projects eligible under section 167(k)(5)(B) or chap20 ter 53 of title 49. 

21 ‘‘(4) STATE CAP.— 

22 ‘‘(A) IN GENERAL.—Not more than 20 

23 percent of the funds made available for a fiscal 

24 year to carry out this section may be awarded 

25 to projects in a single State. 


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1 ‘‘(B) EXCEPTION FOR MULTISTATE

2 PROJECTS.—For purposes of the limitation de3 scribed in subparagraph (A), funds awarded for 

4 a multistate project shall be considered to be 

5 distributed evenly to each State. 

6 ‘‘(5) TIFIA PROGRAM.—On the request of an 

7 eligible applicant under this section, the Adminis8 trator may use amounts awarded to the entity to 

9 pay subsidy and administrative costs necessary to 

10 provide the entity Federal credit assistance under 

11 chapter 6 with respect to the project for which the 

12 grant was awarded. 

13 ‘‘(h) GRANT REQUIREMENTS.— 

14 ‘‘(1) APPLICABILITY OF PLANNING REQUIRE15 MENTS.—The programming and expenditure of 

16 funds for projects under this section shall be con17 sistent with the requirements of sections 134 and 

18 135. 

19 ‘‘(2) DETERMINATION OF APPLICABLE MODAL

20 REQUIREMENTS.—If an eligible project that receives 

21 a grant under this section has a crossmodal compo22 nent, the Administrator— 

23 ‘‘(A) shall determine the predominant 

24 modal component of the project; and 


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1 ‘‘(B) may apply the applicable require2 ments of that predominant modal component to 

3 the project. 

4 ‘‘(i) REPORT TO THE ADMINISTRATOR.—For each 

5 project funded under this section, the project sponsor shall 

6 evaluate system performance and submit to the Adminis7 trator a report not later than 5, 10, and 20 years after 

8 completion of the project to assess whether the project 

9 outcomes have met preconstruction projections. 

10 ‘‘(j) CONGRESSIONAL APPROVAL.— 

11 ‘‘(1) SUBMISSION OF APPLICATION.—Each eli12 gible applicant shall submit to the Administrator an 

13 application in accordance with subsection (d)(2) at 

14 such time as the Administrator determines to meet 

15 the requirements of paragraph (2). 

16 ‘‘(2) SUBMISSION TO CONGRESS OF PROPOSED

17 PROJECTS.— 

18 ‘‘(A) IN GENERAL.—By January 1 of each 

19 fiscal year, the Administrator shall submit to 

20 the Committee on Environment and Public 

21 Works of the Senate and the Committee on 

22 Transportation and Infrastructure of the House 

23 of Representatives a list of all of the projects 

24 that meet the requirements of this section. 


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1 ‘‘(B) LIMITATION.—The list submitted 

2 under subparagraph (A) shall include a total re3 quested grant amount at least 2 times, but not 

4 to exceed 4 times, the authorization level of the 

5 program in each fiscal year. 

6 ‘‘(3) COMMITTEE REVIEW.—Not later than 90 

7 days after the date of the receipt of the submission 

8 under paragraph (2), each Committee described in 

9 subparagraph (A) of that paragraph shall— 

10 ‘‘(A) select projects and determine the 

11 amounts to be awarded to each project, not to 

12 exceed the total authorization level of the pro13 gram for each fiscal year; and 

14 ‘‘(B) adopt a resolution making such deter15 mination. 

16 ‘‘(4) CONGRESSIONAL APPROVAL.—Projects 

17 shall be awarded on congressional adoption of a joint 

18 resolution based on the Committee action under 

19 paragraph (3). 

20 ‘‘(5) ADMINISTRATIVE APPROVAL.— 

21 ‘‘(A) IN GENERAL.—The Administrator 

22 shall award grants to eligible projects in a fiscal 

23 year— 

24 ‘‘(i) if Congress does not adopt a joint 

25 resolution under paragraph (4) by the date 


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1 that is 90 days after the date on which the 

2 first Committee adopts a resolution under 

3 paragraph (3)(B); or 

4 ‘‘(ii) if neither Committee acts in ac5 cordance with paragraph (3). 

6 ‘‘(B) TIMING.—The Administrator shall 

7 award grants under subparagraph (A) not later 

8 than 90 days after the date on which the rel9 evant event described in subparagraph (A) oc10 curs. 

11 ‘‘(k) REPORTS.— 

12 ‘‘(1) IN GENERAL.—The Administrator shall 

13 make available on the website of the Federal High14 way Administration at the end of each fiscal year an 

15 annual report that lists each project for which as16 sistance has been provided under this section during 

17 that fiscal year. 

18 ‘‘(2) COMPTROLLER GENERAL.— 

19 ‘‘(A) ASSESSMENT.—The Comptroller Gen20 eral of the United States shall conduct an as21 sessment of the establishment, solicitation, se22 lection, and justification process with respect to 

23 the funding of projects under this section. 

24 ‘‘(B) REPORT.—Not later than 1 year 

25 after the initial awarding of funding under this 


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1 section, the Comptroller General of the United 

2 States shall submit to the Committee on Envi3 ronment and Public Works of the Senate and 

4 the Committee on Transportation and Infra5 structure of the House of Representatives a re6 port that describes— 

7 ‘‘(i) the process by which each project 

8 was selected; 

9 ‘‘(ii) the criteria used for the selection 

10 of each project; and 

11 ‘‘(iii) the justification for the selection 

12 of each project based on the criteria de13 scribed in subsection (e).’’. 

14 (b) CONFORMING AMENDMENT.—The analysis for 

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

16 adding at the end the following: 

‘‘171. Assistance for major projects program.’’. 

17 SEC. 1016. TRANSPORTATION ALTERNATIVES. 

18 (a) IN GENERAL.—Section 213 of title 23, United 

19 States Code, is amended— 

20 (1) by striking subsection (a) and inserting the 

21 following: 

22 ‘‘(a) RESERVATION OF FUNDS.— 

23 ‘‘(1) IN GENERAL.—On October 1 of each fiscal 

24 year, the Secretary shall set aside from the amount 

25 determined for a State under section 104(c) an 


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1 amount determined for the State under paragraphs 

2 (2) and (3). 

3 ‘‘(2) TOTAL AMOUNT.—The total amount set 

4 aside for the program under this section shall be 

5 $850,000,000 for each fiscal year. 

6 ‘‘(3) STATE SHARE.—The Secretary shall dis7 tribute among the States the total set-aside amount 

8 under paragraph (2) so that each State receives an 

9 amount equal to the proportion that— 

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

11 for the transportation enhancements program 

12 for fiscal year 2009 under section 133(d)(2), as 

13 in effect on the day before the date of enact14 ment of MAP–21 (Public Law 112–141; 126 

15 Stat. 405); bears to 

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

18 transportation enhancements program for fiscal 

19 year 2009.’’; 

20 (2) in subsection (c)— 

21 (A) in paragraph (1)— 

22 (i) in the matter preceding subpara23 graph (A), by striking ‘‘Of the funds’’ and 

24 all that follows through ‘‘shall be obligated 

25 under this section’’ in subparagraph (A) 


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1 and inserting ‘‘Funds reserved in a State 

2 under this section shall be obligated’’; 

3 (ii) by striking subparagraph (B); 

4 (iii) by redesignating clauses (i) 

5 through (iii) as subparagraphs (A) through 

6 (C), respectively; and 

7 (iv) in subparagraph (B) (as so redes8 ignated), by striking ‘‘greater than 5,000’’ 

9 and inserting ‘‘of 5,000 or more’’; and 

10 (iv)(v) in subparagraph (C) (as so re11 designated), by striking ‘‘; and’’ and in12 serting a period; 

13 (B) in paragraph (2), by striking ‘‘para14 graph (1)(A)(i)’’ and inserting ‘‘paragraph 

15 (1)(A)’’; 

16 (C) in paragraph (3)(A)— 

17 (i) by striking ‘‘Except as provided in 

18 paragraph (1)(B), the’’ and inserting 

19 ‘‘The’’; and 

20 (ii) by striking ‘‘paragraph (1)(A)(i)’’ 

21 both places it appears and inserting ‘‘para22 graph (1)(A)’’; 

23 (D) in paragraph (4)(B)— 

24 (i) in clause (vi), by striking ‘‘and’’ at 

25 the end; 


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1 (ii) by redesignating clause (vii) as 

2 clause (viii); and 

3 (iii) by inserting after clause (vi) the 

4 following: 

5 ‘‘(vii) a nonprofit entity responsible 

6 for the administration of local transpor7 tation safety programs; and’’; and 

8 (E) in paragraph (5)— 

9 (i) by striking ‘‘For funds reserved’’ 

10 and inserting the following: 

11 ‘‘(A) IN GENERAL.—For funds reserved’’; 

12 (ii) by striking ‘‘paragraph (1)(A)(i)’’ 

13 and inserting ‘‘paragraph (1)(A)’’; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(B) NO RESTRICTION ON SUBALLOCA17 TION.—Nothing in this section prevents a met18 ropolitan planning organization from further 

19 suballocating funds within the boundaries of the 

20 metropolitan planning area if a competitive 

21 process is implemented for the award of the 

22 suballocated funds.’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(h) ANNUAL REPORTS.— 


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1 ‘‘(1) IN GENERAL.—Each State or metropolitan 

2 planning organization responsible for carrying out 

3 the requirements of this section shall submit to the 

4 Secretary an annual report that describes— 

5 ‘‘(A) the number of project applications re6 ceived for each fiscal year, including— 

7 ‘‘(i) the aggregate cost of the projects 

8 for which applications are received; and 

9 ‘‘(ii) the types of project to be carried 

10 out (as described in subsection (b)), ex11 pressed as percentages of the total appor12 tionment of the State under subsection (a); 

13 and 

14 ‘‘(B) the number of projects selected for 

15 funding for each fiscal year, including the ag16 gregate cost and location of projects selected. 

17 ‘‘(2) PUBLIC AVAILABILITY.—The Secretary 

18 shall make available to the public, in a user-friendly 

19 format on the website of the Department, a copy of 

20 each annual report submitted under paragraph (1). 

21 ‘‘(i) EXPEDITING INFRASTRUCTURE PROJECTS.— 

22 ‘‘(1) IN GENERAL.—Not later than 1 year after 

23 the date of enactment of this subsection, the Sec24 retary shall develop regulations or guidance relating 

25 to the implementation of this section that encourVerDate Sep 11 2014 22:56 Jul 15, 2015 Jkt 049200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.RS S1647

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1 ages the use of the programmatic approaches to en2 vironmental reviews, expedited procurement tech3 niques, and other best practices to facilitate produc4 tive and timely expenditure for projects that are 

5 small, low-impact, and constructed within an exist6 ing built environment. 

7 ‘‘(2) STATE PROCESSES.—The Secretary shall 

8 work with State departments of transportation to 

9 ensure that any regulation or guidance developed 

10 under paragraph (1) is consistently implemented by 

11 States and the Federal Highway Administration to 

12 avoid unnecessary delays in implementing projects 

13 and to ensure the effective use of Federal dollars.’’. 

14 (b) CONFORMING AMENDMENT.—Section 126 of title 

15 23, United States Code, is amended— 

16 (1) by striking ‘‘SET-ASIDES.—’’ and all that 

17 follows through ‘‘Funds that’’ in paragraph (1) and 

18 inserting ‘‘SET-ASIDES.—Funds that’’; and 

19 (2) by striking paragraph (2). 

20 (b) CONFORMING AMENDMENT.—Section 126(b) of title 

21 23, United States Code, is amended— 

22 (1) by striking ‘‘SET-ASIDES.—’’ and all that fol23 lows through ‘‘Funds that’’ in paragraph (1) and in24 serting ‘‘SET-ASIDES.—Funds that’’; 


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1 (2) by striking ‘‘sections 104(d) and 133(d)’’ and 

2 inserting ‘‘sections 104(d), 133(d), and 213(c)’’; and 

3 (3) by striking paragraph (2). 

4 SEC. 1017. CONSOLIDATION OF PROGRAMS. 

5 Section 1519(a) of MAP–21 (Public Law 112–141; 

6 126 Stat. 574) is amended in the matter preceding para7 graph (1) by striking ‘‘fiscal years 2013 and 2014’’ and 

8 inserting ‘‘fiscal years 2013 through 2021’’. 

9 SEC. 1018. STATE FLEXIBILITY FOR NATIONAL HIGHWAY 

10 SYSTEM MODIFICATIONS. 

11 (a) NATIONAL HIGHWAY SYSTEM FLEXIBILITY.— 

12 Not later than 90 days after the date of enactment of this 

13 Act, the Secretary shall issue guidance relating to working 

14 with State departments of transportation that request as15 sistance from the division offices of the Federal Highway 

16 Administration— 

17 (1) to review roads classified as principal arte18 rials in the State that were added to the National 

19 Highway System as of October 1, 2012, so as to 

20 comply with section 103 of title 23, United States 

21 Code; and 

22 (2) to identify any necessary functional classi23 fication changes to rural and urban principal arte24 rials. 


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1 (b) ADMINISTRATIVE ACTIONS.—The Secretary shall 

2 direct the division offices of the Federal Highway Admin3 istration to work with the applicable State department of 

4 transportation that requests assistance under this sec5 tion— 

6 (1) to assist in the review of roads in accord7 ance with guidance issued under subsection (a); 

8 (2) to expeditiously review and facilitate re9 quests from States to reclassify roads classified as 

10 principal arterials; and 

11 (3) in the case of a State that requests the 

12 withdrawal of reclassified roads from the National 

13 Highway System under section 103(b)(3) of title 23, 

14 United States Code, to carry out that withdrawal if 

15 the inclusion of the reclassified road in the National 

16 Highway System is not consistent with the needs 

17 and priorities of the community or region in which 

18 the reclassified road is located. 

19 (c) NATIONAL HIGHWAY SYSTEM MODIFICATION

20 REGULATIONS.—The Secretary shall— 

21 (1) review the National Highway System modi22 fication process described in appendix D of part 470 

23 of title 23, Code of Federal Regulations (or suc24 cessor regulations); and 


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1 (2) take any action necessary to ensure that a 

2 State may submit to the Secretary a request to mod3 ify the National Highway System by withdrawing a 

4 road from the National Highway System. 

5 (d) REPORT TO CONGRESS.—Not later than 1 year 

6 after the date of enactment of this Act, and annually 

7 thereafter, the Secretary shall submit to the Committee 

8 on Environment and Public Works of the Senate and the 

9 Committee on Transportation and Infrastructure of the 

10 House of Representatives a report that includes a descrip11 tion of— 

12 (1) each request for reclassification of National 

13 Highway System roads; 

14 (2) the status of each request; and 

15 (3) if applicable, the justification for the denial 

16 by the Secretary of a request. 

17 (e) MODIFICATIONS TO THE NATIONAL HIGHWAY

18 SYSTEM.—Section 103(b)(3)(A) of title 23, United States 

19 Code, is amended— 

20 (1) in the matter preceding clause (i)— 

21 (A) by striking ‘‘, including any modifica22 tion consisting of a connector to a major inter23 modal terminal,’’; and 

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1 modal terminal or the withdrawal of a road 

2 from that system,’’ after ‘‘the National High3 way System’’; and 

4 (2) in clause (ii)— 

5 (A) by striking ‘‘(ii) enhances’’ and insert6 ing ‘‘(ii)(I) enhances’’; 

7 (B) by striking the period at the end and 

8 inserting ‘‘; or’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(II) in the case of the withdrawal of 

11 a road, is reasonable and appropriate.’’. 

12 SEC. 1019. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES. 

13 Section 129(a) of title 23, United States Code, is 

14 amended— 

15 (1) in paragraph (1)— 

16 (A) in subparagraph (B)— 

17 (i) by striking ‘‘(other than a highway 

18 on the Interstate System)’’; and 

19 (ii) by inserting ‘‘non-HOV’’ after 

20 ‘‘toll-free’’ each place it appears; 

21 (B) by striking subparagraph (C); and 

22 (C) by redesignating subparagraphs (D) 

23 through (I) as subparagraphs (C) through (H), 

24 respectively; 


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1 (2) by striking paragraph (4) and paragraph 

2 (6); 

3 (3) by redesignating paragraphs (5), (7), (8), 

4 (9), and (10) as paragraphs (4), (5), (6), (7), and 

5 (9), respectively; 

6 (4) in paragraph (4)(B) (as so redesignated), 

7 by striking ‘‘the Federal-aid system’’ and inserting 

8 ‘‘Federal-aid highways’’; and 

9 (5) by inserting after paragraph (7) (as so re10 designated) the following: 

11 ‘‘(8) EQUAL ACCESS FOR MOTORCOACHES.—A 

12 private motorcoach that serves the public shall be 

13 provided access to a toll facility under the same 

14 rates, terms, and conditions as public transportation 

15 buses in the State.’’. 

16 SEC. 1020. HOV FACILITIES. 

17 Section 166 of title 23, United States Code, is 

18 amended— 

19 (1) in subsection (b)— 

20 (A) by striking paragraph (4) and insert21 ing the following: 

22 ‘‘(4) HIGH OCCUPANCY TOLL VEHICLES.— 

23 ‘‘(A) IN GENERAL.—The State agency may 

24 allow vehicles not otherwise exempt under this 

25 subsection to use the HOV facility if the operaVerDate Sep 11 2014 22:56 Jul 15, 2015 Jkt 049200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.RS S1647

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1 tors of the vehicles pay a toll charged by the 

2 agency for use of the facility and the agency— 

3 ‘‘(i) establishes a program that ad4 dresses how motorists can enroll and par5 ticipate in the toll program; 

6 ‘‘(ii) in the case of a high occupancy 

7 vehicle facility that affects a metropolitan 

8 area, submits to the Secretary a written 

9 statement that the metropolitan planning 

10 organization designated under section 134 

11 for the area has been consulted concerning 

12 the placement and amount of tolls on the 

13 converted facility; 

14 ‘‘(iii) develops, manages, and main15 tains a system that will automatically col16 lect the toll; and 

17 ‘‘(iv) establishes policies and proce18 dures— 

19 ‘‘(I) to manage the demand to 

20 use the facility by varying the toll 

21 amount that is charged; 

22 ‘‘(II) to enforce violations of the 

23 use of the facility; and 

24 ‘‘(III) to ensure that private 

25 motorcoaches that serve the public are 


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1 provided access to the facility under 

2 the same rates, terms, and conditions, 

3 as public transportation buses in the 

4 State. 

5 ‘‘(B) EXEMPTION FROM TOLLS.—In lev6 ying a toll on a facility under subparagraph 

7 (A), a State agency may— 

8 ‘‘(i) designate classes of vehicles that 

9 are exempt from the toll; and 

10 ‘‘(ii) charge different toll rates for dif11 ferent classes of vehicles.’’; 

12 (B) in paragraph (5), by striking subpara13 graph (A) and inserting the following: 

14 ‘‘(A) INHERENTLY LOW EMISSION VEHI15 CLE.—If a State agency establishes procedures 

16 for enforcing the restrictions on the use of a 

17 HOV facility by vehicles described in clauses (i) 

18 and (ii), the State agency may allow the use of 

19 the HOV facility by— 

20 ‘‘(i) alternative fuel vehicles; and 

21 ‘‘(ii) any motor vehicle described in 

22 section 30D(d)(1) of the Internal Revenue 

23 Code of 1986.’’; 

24 (2) in subsection (c)— 

25 (A) in paragraph (1)— 


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1 (i) by striking ‘‘Tolls’’ and inserting 

2 ‘‘Notwithstanding section 301, tolls’’; and 

3 (ii) by striking ‘‘notwithstanding sec4 tion 301 and, except as provided in para5 graphs (2) and (3)’’; 

6 (B) by striking paragraph (2); and 

7 (C) by redesignating paragraph (3) as 

8 paragraph (2); and 

9 (3) in subsection (d)(1), by striking subpara10 graphs (D) and (E) and inserting the following: 

11 ‘‘(D) MAINTENANCE OF OPERATING PER12 FORMANCE.— 

13 ‘‘(i) SUBMISSION OF PLAN.—Not later 

14 than 180 days after the date on which a 

15 facility is degraded under paragraph (2), 

16 the State agency with jurisdiction over the 

17 facility shall submit to the Secretary for 

18 approval a plan that details the actions the 

19 State agency will take to bring the facility 

20 into compliance with the minimum average 

21 operating speed performance standard 

22 through changes to operation of the facil23 ity, including— 

24 ‘‘(I) increasing the occupancy re25 quirement for HOV lanes; 


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1 ‘‘(II) varying the toll charged to 

2 vehicles allowed under subsection (b) 

3 to reduce demand; 

4 ‘‘(III) discontinuing allowing 

5 non-HOV vehicles to use HOV lanes 

6 under subsection (b); or 

7 ‘‘(IV) increasing the available ca8 pacity of the HOV facility. 

9 ‘‘(ii) NOTICE OF APPROVAL OR DIS10 APPROVAL.—Not later than 60 days after 

11 the date of receipt of a plan under clause 

12 (i), the Secretary shall provide to the State 

13 agency a written notice indicating whether 

14 the Secretary has approved or disapproved 

15 the plan based on a determination of 

16 whether the implementation of the plan 

17 will bring the HOV facility into compli18 ance. 

19 ‘‘(iii) BIANNUAL PROGRESS UP20 DATES.—Until the date on which the Sec21 retary determines that the State agency 

22 has brought the HOV facility into compli23 ance with this subsection, the State agency 

24 shall submit biannual updates that de25 scribe— 


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1 ‘‘(I) the actions taken to bring 

2 the HOV facility into compliance; and 

3 ‘‘(II) the progress made by those 

4 actions. 

5 ‘‘(E) COMPLIANCE.—The Secretary shall 

6 subject the State to appropriate program sanc7 tions under section 1.36 of title 23, Code of 

8 Federal Regulations (or successor regulations), 

9 until the performance is no longer degraded, 

10 if— 

11 ‘‘(i) the State agency fails to submit 

12 an approved action plan under subpara13 graph (D) to bring a degraded facility into 

14 compliance; or 

15 ‘‘(ii) after the State submits and the 

16 Secretary approves an action plan under 

17 subparagraph (D), the Secretary deter18 mines that, on a date that is not earlier 

19 than 1 year after the approval of the ac20 tion plan, the State agency is not making 

21 significant progress toward bringing the 

22 HOV facility into compliance with the min23 imum average operating speed performance 

24 standard.’’. 


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1 SEC. 1021. INTERSTATE SYSTEM RECONSTRUCTION AND 

2 REHABILITATION PILOT PROGRAM. 

3 Section 1216(b) of the Transportation Equity Act for 

4 the 21st Century (Public Law 105–178; 112 Stat. 212) 

5 is amended— 

6 (1) in paragraph (3)— 

7 (A) in subparagraph (A), by striking ‘‘the 

8 age, condition, and intensity of use of the facil9 ity’’ and inserting ‘‘an analysis demonstrating 

10 that the facility has a significant age, condition, 

11 or intensity of use to require expedited recon12 struction or rehabilitation’’; 

13 (B) in subparagraph (D)(iii), by inserting 

14 ‘‘, and that demonstrates the capability of that 

15 agency to perform or oversee the building, oper16 ation, and maintenance of a toll expressway 

17 system meeting criteria for the Interstate Sys18 tem’’ before the semicolon at the end; and 

19 (C) by adding at the end the following: 

20 ‘‘(E) An analysis showing how the State 

21 plan for implementing tolls on the facility takes 

22 into account the interests and use of local, re23 gional, and interstate travelers. 

24 ‘‘(F) An explanation of how the State will 

25 collect tolls using electronic toll collection, in26 cluding at highway speeds, if practicable. 


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1 ‘‘(G) A plan describing the proposed loca2 tion for the collection of tolls on the facility, in3 cluding any locations in proximity to a State 

4 border. 

5 ‘‘(H) Approved documentation that the 

6 project— 

7 ‘‘(i) has received a categorical exclu8 sion, a finding of no significant impact, or 

9 a record of decision under the National 

10 Environmental Policy Act of 1969 (42 

11 U.S.C. 4321 et seq.); and 

12 ‘‘(ii) complies with the Uniform Relo13 cation Assistance and Real Property Ac14 quisition Policies Act of 1970 (42 U.S.C. 

15 4601 et seq.).’’; 

16 (2) by striking paragraphs (4) and (6); 

17 (3) by redesignating paragraph (5) as para18 graph (4); 

19 (4) in paragraph (4)(as so redesignated)— 

20 (A) in the matter preceding subparagraph 

21 (A), by striking ‘‘Before the Secretary may per22 mit’’ and inserting ‘‘As a condition of permit23 ting’’; 

24 (B) in subparagraph (A)— 


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1 (i) in the matter preceding clause (i), 

2 by striking ‘‘for—’’ and inserting ‘‘for per3 missible uses described in section 

4 129(a)(3) of title 23, United States Code; 

5 and’’; and 

6 (ii) by striking clauses (i) through 

7 (iii); 

8 (5) by inserting after paragraph (4) (as so re9 designated) the following: 

10 ‘‘(5) APPLICATION PROCESSING PROCEDURE.— 

11 ‘‘(A) IN GENERAL.—Not later than 60 

12 days after receipt of an application under this 

13 subsection, the Secretary shall provide to the 

14 applicant a written notice informing the appli15 cant whether— 

16 ‘‘(i) the application is complete and 

17 meets all requirements under this sub18 section; or 

19 ‘‘(ii) additional information or mate20 rials are needed— 

21 ‘‘(I) to complete the application; 

22 or 

23 ‘‘(II) to meet the eligibility re24 quirements under paragraph (3). 


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1 ‘‘(B) ADDITIONAL INFORMATION OR MATE2 RIALS.— 

3 ‘‘(i) IN GENERAL.—Not later than 60 

4 days after receipt of an application, the 

5 Secretary shall— 

6 ‘‘(I) identify any additional infor7 mation or materials that are needed 

8 under subparagraph (A)(ii); and 

9 ‘‘(II) provide to the applicant 

10 written notice specifying the details of 

11 the additional required information or 

12 materials. 

13 ‘‘(ii) AMENDED APPLICATION.—Not 

14 later than 60 days after receipt of the ad15 ditional information under clause (i), the 

16 Secretary shall determine if the amended 

17 application is complete and meets all re18 quirements under this subsection. 

19 ‘‘(C) TECHNICAL ASSISTANCE.—On the re20 quest of a State, the Secretary shall provide 

21 technical assistance to facilitate the develop22 ment of a complete application under this para23 graph that is likely to satisfy the eligibility cri24 teria under paragraph (3). 


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1 ‘‘(D) APPROVAL OF APPLICATION.—On 

2 written notice by the Secretary that the applica3 tion is complete and meets all requirements of 

4 this subsection, the project is considered ap5 proved and shall be permitted to participate in 

6 the program under this subsection. 

7 ‘‘(E) LIMITATION ON APPROVED APPLICA8 TION.— 

9 ‘‘(i) IN GENERAL.—For an application 

10 received under this subsection on or after 

11 the date of enactment of the DRIVE Act 

12 for the reconstruction or rehabilitation of a 

13 facility, a State shall— 

14 ‘‘(I) not later than 1 year after 

15 the date on which the application is 

16 approved, issue a solicitation for a 

17 contract to provide for the reconstruc18 tion or rehabilitation of the facility; 

19 and 

20 ‘‘(II) not later than 2 years after 

21 the date on which the application is 

22 approved, execute a contract for the 

23 reconstruction or rehabilitation of the 

24 facility. 


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1 ‘‘(ii) PRIOR APPLICATIONS.—For an 

2 application that received a conditional pro3 visional approval under this subsection be4 fore the date of enactment of the DRIVE 

5 Act, for the reconstruction or rehabilitation 

6 of a facility, a State shall— 

7 ‘‘(I) not later than 1 year after 

8 the date of enactment of the DRIVE 

9 Act, issue a solicitation for a contract 

10 to provide for the reconstruction or 

11 rehabilitation of the facility; and 

12 ‘‘(II) not later than 2 years after 

13 the date of enactment of the DRIVE 

14 Act, execute a contract for the recon15 struction or rehabilitation of the facil16 ity. 

17 ‘‘(iii) CANCELLATION OR EXTEN18 SION.—If an applicable deadline under 

19 clause (i) or (ii) is not met, the Secretary 

20 shall— 

21 ‘‘(I) cancel the application ap22 proval; or 

23 ‘‘(II) grant an extension of not 

24 more than 1 year for the applicable 

25 deadline, on the condition that— 


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1 ‘‘(aa) there has been demon2 strable progress toward meeting 

3 the applicable requirements; and 

4 ‘‘(bb) the requirements are 

5 likely to be met within 1 year. 

6 ‘‘(6) LIMITATION ON THE USE OF NATIONAL

7 HIGHWAY PERFORMANCE PROGRAM FUNDS.—During 

8 the term of the pilot program, funds apportioned for 

9 the national highway performance program under 

10 section 104(b)(1) of title 23, United States Code, 

11 may not be used for a facility for which tolls are 

12 being collected under the pilot program unless the 

13 funds are used for a maintenance purpose, as de14 fined in section 101(a) of title 23, United States 

15 Code.’’; 

16 (6) by redesignating paragraphs (7) and (8) as 

17 paragraphs (8) and (9), respectively; 

18 (7) by inserting after paragraph (6) the fol19 lowing: 

20 ‘‘(7) WITHDRAWAL.—A State may elect to 

21 withdraw participation of the State in the pilot pro22 gram at any time.’’; and 

23 (8) in paragraph (8) (as redesignated by para24 graph (6)), by inserting ‘‘after the date of enactment 

25 of the DRIVE Act’’ after ‘‘10 years’’. 


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1 SEC. 1022. EMERGENCY RELIEF FOR FEDERALLY OWNED 

2 ROADS. 

3 (a) ELIGIBILITY.—Section 125(d)(3) of title 23, 

4 United States Code, is amended— 

5 (1) in subparagraph (A), by striking ‘‘or’’ at 

6 the end; 

7 (2) in subparagraph (B), by striking the period 

8 at the end and inserting ‘‘; or’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(C) projects eligible for assistance under 

11 this section located on tribal transportation fa12 cilities, Federal lands transportation facilities, 

13 or other federally owned roads that are open to 

14 public travel (as defined in subsection (e)(1)).’’. 

15 (b) DEFINITION.—Section 125(e) of title 23, United 

16 States Code, is amended by striking paragraph (1) and 

17 inserting the following: 

18 ‘‘(1) DEFINITIONS.—In this subsection: 

19 ‘‘(A) OPEN TO PUBLIC TRAVEL.—The term 

20 ‘open to public travel’ means, with respect to a 

21 road, that, except during scheduled periods, ex22 treme weather conditions, or emergencies, the 

23 road— 

24 ‘‘(i) is maintained; 

25 ‘‘(ii) is open to the general public; and 


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1 ‘‘(iii) can accommodate travel by a 

2 standard passenger vehicle, without restric3 tive gates or prohibitive signs or regula4 tions, other than for general traffic control 

5 or restrictions based on size, weight, or 

6 class of registration. 

7 ‘‘(B) STANDARD PASSENGER VEHICLE.— 

8 The term ‘standard passenger vehicle’ means a 

9 vehicle with 6 inches of clearance from the low10 est point of the frame, body, suspension, or dif11 ferential to the ground.’’. 

12 SEC. 1023. BRIDGES REQUIRING CLOSURE OR LOAD RE13 STRICTIONS. 

14 Section 144(h) of title 23, United States Code, is 

15 amended— 

16 (1) by redesignating paragraphs (6) and (7) as 

17 paragraphs (7) and (8), respectively; 

18 (2) by inserting after paragraph (5) the fol19 lowing: 

20 ‘‘(6) BRIDGES REQUIRING CLOSURE OR LOAD

21 RESTRICTIONS.— 

22 ‘‘(A) BRIDGES OWNED BY FEDERAL AGEN23 CIES OR TRIBAL GOVERNMENTS.—If a Federal 

24 agency or tribal government fails to ensure that 

25 any highway bridge that is open to public travel 


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1 and located in the jurisdiction of the Federal 

2 agency or tribal government is properly closed 

3 or restricted to loads that the bridge can carry 

4 safely, the Secretary— 

5 ‘‘(i) shall, on learning of the need to 

6 close or restrict loads on the bridge, re7 quire the Federal agency or tribal govern8 ment to take action necessary— 

9 ‘‘(I) to close the bridge within 48 

10 hours; or 

11 ‘‘(II) within 30 days, to restrict 

12 public travel on the bridge to loads 

13 that the bridge can carry safely; and 

14 ‘‘(ii) may, if the Federal agency or 

15 tribal government fails to take action re16 quired under clause (i), withhold all fund17 ing authorized under this title for the Fed18 eral agency or tribal government.’’. 

19 ‘‘(B) OTHER BRIDGES.—If a State fails to 

20 ensure that any highway bridge, other than a 

21 bridge described in subparagraph (A), that is 

22 open to public travel and is located within the 

23 boundaries of the State is properly closed or re24 stricted to loads the bridge can carry safely, the 

25 Secretary— 


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1 ‘‘(i) shall, on learning of the need to 

2 close or restrict loads on the bridge, re3 quire the State to take action necessary— 

4 ‘‘(I) to close the bridge within 48 

5 hours; or 

6 ‘‘(II) within 30 days, to restrict 

7 public travel on the bridge to loads 

8 that the bridge can carry safely; and 

9 ‘‘(ii) may, if the State fails to take ac10 tion required under clause (i), withhold ap11 proval for Federal-aid projects in that 

12 State.’’; and 

13 (3) in paragraph (8) (as redesignated by para14 graph (1)), by striking ‘‘(6)’’ and inserting ‘‘(7)’’. 

15 SEC. 1024. NATIONAL ELECTRIC VEHICLE CHARGING AND 

16 NATURAL GAS FUELING CORRIDORS. 

17 (a) IN GENERAL.—Chapter 1 of title 23, United 

18 States Code, is amended by inserting after section 150 the 

19 following: 

20 ‘‘§ 151. National electric vehicle charging and natural 

21 gas fueling corridors 

22 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

23 date of enactment of the DRIVE Act, the Secretary shall 

24 designate national electric vehicle charging and natural 

25 gas fueling corridors that identify the near- and long-term 


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1 need for, and location of, electric vehicle charging infra2 structure and natural gas fueling infrastructure at stra3 tegic locations along major national highways to improve 

4 the mobility of passenger and commercial vehicles that 

5 employ electric and natural gas fueling technologies across 

6 the United States. 

7 ‘‘(b) DESIGNATION OF CORRIDORS.—In designating 

8 the corridors under subsection (a), the Secretary shall— 

9 ‘‘(1) solicit nominations from State and local 

10 officials for facilities to be included in the corridors; 

11 ‘‘(2) incorporate existing electric vehicle charg12 ing and natural gas fueling corridors designated by 

13 a State or group of States; and 

14 ‘‘(3) consider the demand for, and location of, 

15 existing electric vehicle charging and natural gas 

16 fueling infrastructure. 

17 ‘‘(c) STAKEHOLDERS.—In designating corridors 

18 under subsection (a), the Secretary shall involve, on a vol19 untary basis, stakeholders that include— 

20 ‘‘(1) the heads of other Federal agencies; 

21 ‘‘(2) State and local officials; 

22 ‘‘(3) representatives of— 

23 ‘‘(A) energy utilities; 

24 ‘‘(B) the electric and natural gas vehicle 

25 industries; 


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1 ‘‘(C) the freight and shipping industry; 

2 ‘‘(D) clean technology firms; 

3 ‘‘(E) the hospitality industry; 

4 ‘‘(F) the restaurant industry; and 

5 ‘‘(G) highway rest stop vendors; and 

6 ‘‘(4) such other stakeholders as the Secretary 

7 determines to be necessary. 

8 ‘‘(d) REDESIGNATION.—Not later than 5 years after 

9 the date of establishment of the corridors under subsection 

10 (a), and every 5 years thereafter, the Secretary shall up11 date and redesignate the corridors. 

12 ‘‘(e) REPORT.—During designation and redesignation 

13 of the corridors under this section, the Secretary shall 

14 issue a report that— 

15 ‘‘(1) identifies electric vehicle charging and nat16 ural gas fueling infrastructure and standardization 

17 needs for electricity providers, natural gas providers, 

18 infrastructure providers, vehicle manufacturers, elec19 tricity purchasers, and natural gas purchasers; and 

20 ‘‘(2) establishes an aspirational goal of achiev21 ing strategic deployment of electric vehicle charging 

22 and natural gas fueling infrastructure in those cor23 ridors by the end of fiscal year 2021.’’. 

24 (b) CONFORMING AMENDMENT.—The analysis of 

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


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1 striking the item relating to section 151 and inserting the 

2 following: 

‘‘151. National Electric Vehicle Charging and Natural Gas Fueling Corridors.’’. 

3 SEC. 1025. ASSET MANAGEMENT. 

4 (a) Section 119(f)(2) of title 23, United States Code, 

5 is amended— 

6 (1) in subparagraph (A), by striking ‘‘struc7 turally deficient’’ and inserting ‘‘being in poor condi8 tion’’; and 

9 (2) in subparagraph (B), by striking ‘‘struc10 turally deficient’’ and inserting ‘‘being in poor condi11 tion’’. 

12 (b) Section 144 of title 23, United States Code, is 

13 amended— 

14 (1) in subsection (a)(1)(B), by striking ‘‘defi15 cient’’; and 

16 (2) in subsection (b)(5), by striking ‘‘each 

17 structurally deficient bridge’’ and inserting ‘‘each 

18 bridge in poor condition’’. 

19 (c) Section 202(d) of title 23, United States Code, 

20 is amended— 

21 (1) in paragraph (1), by striking ‘‘deficient’’; 

22 (2) in paragraph (2)(B), by striking ‘‘defi23 cient’’; and 

24 (3) in paragraph (3)— 


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1 (A) in subparagraph (A), by striking the 

2 semicolon at the end and inserting ‘‘; and’’; 

3 (B) in subparagraph (B), by striking ‘‘; 

4 and’’ at the end and inserting a period; and 

5 (C) by striking subparagraph (C). 

6 SEC. 1026. TRIBAL TRANSPORTATION PROGRAM AMEND7 MENT. 

8 Section 202 of title 23, United States Code, is 

9 amended— 

10 (1) in subsection (a)(6), by striking ‘‘6 percent’’ 

11 and inserting ‘‘5 percent’’; and 

12 (2) in subsection (d)(2), in the matter pre13 ceding subparagraph (A) by striking ‘‘2 percent’’ 

14 and inserting ‘‘3 percent’’. 

15 SEC. 1027. NATIONALLY SIGNIFICANT FEDERAL LANDS AND 

16 TRIBAL PROJECTS PROGRAM. 

17 (a) PURPOSE.—The Secretary shall establish a na18 tionally significant Federal lands and tribal projects pro19 gram (referred to in this section as the ‘‘program’’) to pro20 vide funding to construct, reconstruct, or rehabilitate na21 tionally significant Federal lands and tribal transportation 

22 projects. 

23 (b) ELIGIBLE APPLICANTS.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), entities eligible to receive funds under 


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1 sections 201, 202, 203, and 204 of title 23, United 

2 States Code, may apply for funding under the pro3 gram. 

4 (2) SPECIAL RULE.—A State, county, or unit of 

5 local government may only apply for funding under 

6 the program if sponsored by an eligible Federal land 

7 management agency or Indian tribe. 

8 (c) ELIGIBLE PROJECTS.—An eligible project under 

9 the program shall be a single continuous project— 

10 (1) on a Federal lands transportation facility, a 

11 Federal lands access transportation facility, or a 

12 Tribal transportation facility (as those terms are de13 fined in section 101 of title 23, United States Code), 

14 except that such facility is not required to be in15 cluded on an inventory described in sections 202 or 

16 203 of title 23, United States Code; 

17 (2) for which completion of activities required 

18 under the National Environmental Policy Act of 

19 1969 (42 U.S.C. 4321 et seq.) has been dem20 onstrated through— 

21 (A) a record of decision with respect to the 

22 project; 

23 (B) a finding that the project has no sig24 nificant impact; or 


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1 (C) a determination that the project is cat2 egorically excluded; and 

3 (3) having an estimated cost, based on the re4 sults of preliminary engineering, equal to or exceed5 ing $25,000,0000, with priority consideration given 

6 to projects with an estimated cost equal to or ex7 ceeding $50,000,000. 

8 (d) ELIGIBLE ACTIVITIES.— 

9 (1) IN GENERAL.—Subject to paragraph (2), an 

10 eligible applicant receiving funds under the program 

11 may only use the funds for construction, reconstruc12 tion, and rehabilitation activities. 

13 (2) INELIGIBLE ACTIVITIES.—An eligible appli14 cant may not use funds received under the program 

15 for activities relating to project design. 

16 (e) APPLICATIONS.—Eligible applicants shall submit 

17 to the Secretary an application at such time, in such form, 

18 and containing such information as the Secretary may re19 quire. 

20 (f) SELECTION CRITERIA.—In selecting a project to 

21 receive funds under the program, the Secretary shall con22 sider the extent to which the project— 

23 (1) furthers the goals of the Department, in24 cluding state of good repair, environmental sustainVerDate Sep 11 2014 22:56 Jul 15, 2015 Jkt 049200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.RS S1647

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1 ability, economic competitiveness, quality of life, and 

2 safety; 

3 (2) improves the condition of critical 

4 multimodal transportation facilities; 

5 (3) needs construction, reconstruction, or reha6 bilitation; 

7 (4) is included in or eligible for inclusion in the 

8 National Register of Historic Places; 

9 (5) enhances environmental ecosystems; 

10 (6) uses new technologies and innovations that 

11 enhance the efficiency of the project; 

12 (7) is supported by funds, other than the funds 

13 received under the program, to construct, maintain, 

14 and operate the facility; 

15 (8) spans 2 or more States; and 

16 (9) serves land owned by multiple Federal agen17 cies or Indian tribes. 

18 (g) FEDERAL SHARE.—The Federal share of the cost 

19 of a project shall be 95 percent. 

20 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $150,000,000 for each of fiscal years 2016 through 2021, 

23 to remain available for a period of 3 fiscal years following 

24 the fiscal year for which the amounts were appropriated. 


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1 SEC. 1028. FEDERAL LANDS PROGRAMMATIC ACTIVITIES. 

2 Section 201(c) of title 23, United States Code, is 

3 amended— 

4 (1) in paragraph (6)(A)— 

5 (A) by redesignating clauses (i) and (ii) as 

6 subclauses (I) and (II), respectively; 

7 (B) in the matter preceding subclause (I) 

8 (as so redesignated), by striking ‘‘The Secre9 taries’’ and inserting the following: 

10 ‘‘(i) IN GENERAL.—The Secretaries’’; 

11 (C) by inserting a period after ‘‘tribal 

12 transportation program’’; and 

13 (D) by striking ‘‘in accordance with’’ and 

14 all that follows through ‘‘including—’’ and in15 serting the following: 

16 ‘‘(ii) REQUIREMENT.—Data collected 

17 to implement the tribal transportation pro18 gram shall be in accordance with the In19 dian Self-Determination and Education 

20 Assistance Act (25 U.S.C. 450 et seq.). 

21 ‘‘(iii) INCLUSIONS.—Data collected 

22 under this paragraph includes—’’; and 

23 (2) by striking paragraph (7) and inserting the 

24 following— 

25 ‘‘(7) COOPERATIVE RESEARCH AND TECH26 NOLOGY DEPLOYMENT.—The Secretary may conduct 


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1 cooperative research and technology deployment in 

2 coordination with Federal land management agen3 cies, as determined appropriate by the Secretary. 

4 ‘‘(8) FUNDING.— 

5 ‘‘(A) IN GENERAL.—To carry out the ac6 tivities described in this subsection for Federal 

7 lands transportation facilities, Federal lands ac8 cess transportation facilities, and other federally 

9 owned roads open to public travel (as that term 

10 is defined in section 125(e)), the Secretary shall 

11 combine and use not greater than 5 percent for 

12 each fiscal year of the funds authorized for pro13 grams under sections 203 and 204. 

14 ‘‘(B) OTHER ACTIVITIES.—In addition to 

15 the activities described in subparagraph (A), 

16 funds described under that subparagraph may 

17 be used for— 

18 ‘‘(i) bridge inspections on any feder19 ally owned bridge even if that bridge is not 

20 included on the inventory described under 

21 section 203; and 

22 ‘‘(ii) transportation planning activities 

23 carried out by Federal land management 

24 agencies eligible for funding under this 

25 chapter.’’. 


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1 SEC. 1029. FEDERAL LANDS TRANSPORTATION PROGRAM. 

2 Section 203 of title 23, United States Code, is 

3 amended— 

4 (1) in subsection (a)(1)— 

5 (A) in subparagraph (B), by striking ‘‘op6 eration’’ and inserting ‘‘capital, operations,’’; 

7 and 

8 (B) in subparagraph (D), by striking ‘‘sub9 paragraph (A)(iv)’’ and inserting ‘‘subpara10 graph (A)(iv)(I)’’; 

11 (2) in subsection (b)— 

12 (A) in paragraph (1)(B)— 

13 (i) in clause (iv), by striking ‘‘and’’ at 

14 the end; 

15 (ii) in clause (v), by striking the pe16 riod at the end and inserting a semicolon; 

17 and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(vi) the Bureau of Reclamation; and 

21 ‘‘(vii) independent Federal agencies 

22 with natural resource and land manage23 ment responsibilities.’’; and 

24 (B) in paragraph (2)(B), in the matter 

25 preceding clause (i), by inserting ‘‘performance 

26 management, including’’ after ‘‘support’’; and 


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1 (3) in subsection (c)(2)(B), by adding at the 

2 end the following: 

3 ‘‘(vi) The Bureau of Reclamation.’’. 

4 SEC. 1030. INNOVATIVE PROJECT DELIVERY. 

5 Section 120(c)(3) of title 23, United States Code, is 

6 amended— 

7 (1) in subparagraph (A)(ii)— 

8 (A) by inserting ‘‘engineering, or design ap9 proaches,’’ after ‘‘technologies,’’; and 

10 (B) by striking ‘‘or contracting’’ and insert11 ing ‘‘or contracting or project delivery’’; and 

12 (2) in subparagraph (B)(iii), by inserting ‘‘and 

13 alternative bidding’’ before the semicolon at the end. 

14 Subtitle B—Acceleration of Project 

15 Delivery 

16 SEC. 1101. CATEGORICAL EXCLUSION FOR PROJECTS OF 

17 LIMITED FEDERAL ASSISTANCE. 

18 Section 1317 of MAP-21 (23 U.S.C. 109 note; Public 

19 Law 112–141) is amended— 

20 (1) in the matter preceding paragraph (1), by 

21 striking ‘‘Not later than’’ and inserting the fol22 lowing: 

23 ‘‘(a) IN GENERAL.—Not later than’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(b) INFLATIONARY ADJUSTMENT.—The dollar 

2 amounts described in subsection (a) shall be adjusted for 

3 inflation— 

4 ‘‘(1) effective October 1, 2015, to reflect 

5 changes since July 1, 2012, in the Consumer Price 

6 Index for All Urban Consumers published by the 

7 Bureau of Labor Statistics of the Department of 

8 Labor; and 

9 ‘‘(2) effective October 1, 2016, and each suc10 ceeding October 1, to reflect changes for the pre11 ceding 12-month period in the Consumer Price 

12 Index for All Urban Consumers published by the 

13 Bureau of Labor Statistics of the Department of 

14 Labor.’’. 

15 SEC. 1102. PROGRAMMATIC AGREEMENT TEMPLATE. 

16 (a) IN GENERAL.—Section 1318 of MAP-21 (23 

17 U.S.C. 109 note; Public Law 112–141) is amended by 

18 adding at the end the following: 

19 ‘‘(e) PROGRAMMATIC AGREEMENT TEMPLATE.— 

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

21 a template programmatic agreement described in 

22 subsection (d) that provides for efficient and ade23 quate procedures for evaluating Federal actions de24 scribed in section 771.117(c) of title 23, Code of 


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1 Federal Regulations (as in effect on the date of en2 actment of this subsection). 

3 ‘‘(2) USE OF TEMPLATE.—The Secretary— 

4 ‘‘(A) on receipt of a request from a State, 

5 shall use the template programmatic agreement 

6 developed under paragraph (1) in carrying out 

7 this section; and 

8 ‘‘(B) on consent of the applicable State, 

9 may modify the template as necessary to ad10 dress the unique needs and characteristics of 

11 the State. 

12 ‘‘(3) OUTCOME MEASUREMENTS.—The Sec13 retary shall establish a method to verify that actions 

14 described in section 771.117(c) of title 23, Code of 

15 Federal Regulations (as in effect on the date of en16 actment of this subsection), are evaluated and docu17 mented in a consistent manner by the State that 

18 uses the template programmatic agreement under 

19 this subsection.’’. 

20 (b) CATEGORICAL EXCLUSION DETERMINATIONS.— 

21 Not later than 30 days after the date of enactment of this 

22 Act, the Secretary shall revise section 771.117(g) of title 

23 23, Code of Federal Regulations, to allow a programmatic 

24 agreement under this section to include responsibility for 

25 making categorical exclusion determinations— 


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1 (1) for actions described in subsections (c) and 

2 (d) of section 771.117 of title 23, Code of Federal 

3 Regulations; and 

4 (2) that meet the criteria for a categorical ex5 clusion under section 1508.4 of title 40, Code of 

6 Federal Regulations (as in effect on the date of en7 actment of this Act), and are identified in the pro8 grammatic agreement. 

9 SEC. 1103. AGENCY COORDINATION. 

10 (a) ROLES AND RESPONSIBILITY OF LEAD AGEN11 CY.—Section 139(c)(6) of title 23, United States Code, 

12 is amended— 

13 (1) in subparagraph (A), by striking ‘‘and’’ at 

14 the end; 

15 (2) in subparagraph (B), by striking the period 

16 at the end and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(C) to consider and respond to comments 

19 received from participating agencies on matters 

20 within the special expertise or jurisdiction of 

21 the participating agencies.’’. 

22 (b) PARTICIPATING AGENCY RESPONSIBILITIES.— 

23 Section 139(d) of title 23, United States Code, is amended 

24 by adding at the end the following: 


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1 ‘‘(8) PARTICIPATING AGENCY RESPONSIBIL2 ITIES.—An agency participating in the collaborative 

3 environmental review process under this section 

4 shall— 

5 ‘‘(A) provide comments, responses, studies, 

6 or methodologies on those areas within the spe7 cial expertise or jurisdiction of the Federal par8 ticipating or cooperating agency; and 

9 ‘‘(B) use the process to address any envi10 ronmental issues of concern to the participating 

11 or cooperating agency.’’. 

12 SEC. 1104. INITIATION OF ENVIRONMENTAL REVIEW PROC13 ESS. 

14 Section 139 of title 23, United States Code, is 

15 amended— 

16 (1) in subsection (a), by striking paragraph (6) 

17 and inserting the following: 

18 ‘‘(6) PROJECT.— 

19 ‘‘(A) IN GENERAL.—The term ‘project’ 

20 means any highway project, public transpor21 tation capital project, or multimodal project 

22 that, if implemented as proposed by the project 

23 sponsor, would require approval by any oper24 ating administration or secretarial office within 

25 the Department. 


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1 ‘‘(B) CONSIDERATIONS.—For purposes of 

2 this paragraph, the Secretary shall take into ac3 count, if known, any sources of Federal funding 

4 or financing identified by the project sponsor, 

5 including discretionary grant, loan, and loan 

6 guarantee programs administered by the De7 partment.’’; 

8 (2) in subsection (e)— 

9 (A) in paragraph (1), by inserting ‘‘(in10 cluding any additional information that the 

11 project sponsor considers to be important to ini12 tiate the process for the proposed project)’’ 

13 after ‘‘location of the proposed project’’; and 

14 (B) by adding at the end the following: 

15 ‘‘(3) REVIEW OF APPLICATION.—Not later than 

16 45 days after the date on which an application is re17 ceived by the Secretary under this subsection, the 

18 Secretary shall provide to the project sponsor a writ19 ten response that, as applicable— 

20 ‘‘(A) describes the determination of the 

21 Secretary— 

22 ‘‘(i) to initiate the environmental re23 view process, including a timeline and an 

24 expected date for the publication in the 


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1 Federal Register of the relevant notice of 

2 intent; or 

3 ‘‘(ii) to decline the application, includ4 ing an explanation of the reasons for that 

5 decision; or 

6 ‘‘(B) requests additional information, and 

7 provides to the project sponsor an accounting, 

8 regarding what is necessary to initiate the envi9 ronmental review process. 

10 ‘‘(4) REQUEST TO DESIGNATE A LEAD AGEN11 CY.— 

12 ‘‘(A) IN GENERAL.—Any project sponsor 

13 may submit a request to the Secretary to des14 ignate a specific operating administration or 

15 secretarial office within the Department of 

16 Transportation to serve as the Federal lead 

17 agency for a project. 

18 ‘‘(B) PROPOSED SCHEDULE.—A request 

19 under subparagraph (A) may include a pro20 posed schedule for completing the environ21 mental review process. 

22 ‘‘(C) SECRETARIAL ACTION.— 

23 ‘‘(i) IN GENERAL.—If a request under 

24 subparagraph (A) is received, the Sec25 retary shall respond to the request not 


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1 later than 45 days after the date of re2 ceipt. 

3 ‘‘(ii) REQUIREMENTS.—The response 

4 shall— 

5 ‘‘(I) approve the request; 

6 ‘‘(II) deny the request, with an 

7 explanation of the reasons; or 

8 ‘‘(III) require the submission of 

9 additional information. 

10 ‘‘(iii) ADDITIONAL INFORMATION.—If 

11 additional information is submitted in ac12 cordance with clause (ii)(III), the Sec13 retary shall respond to that submission not 

14 later than 45 days after the date of re15 ceipt.’’; and 

16 (3) in subsection (f)(4), by adding at the end 

17 the following: 

18 ‘‘(E) REDUCTION OF DUPLICATION.— 

19 ‘‘(i) IN GENERAL.—In carrying out 

20 this paragraph, the lead agency shall re21 duce duplication, to the maximum extent 

22 practicable, between— 

23 ‘‘(I) the evaluation of alternatives 

24 under the National Environmental 


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1 Policy Act of 1969 (42 U.S.C. 4321 

2 et seq.); and 

3 ‘‘(II) the evaluation of alter4 natives in the metropolitan transpor5 tation planning process under section 

6 134 of title 23, United States Code, 

7 or an environmental review process 

8 carried out under State law (referred 

9 to in this subparagraph as a ‘State 

10 environmental review process’). 

11 ‘‘(ii) CONSIDERATION OF ALTER12 NATIVES.—The lead agency may eliminate 

13 from detailed consideration an alternative 

14 proposed in an environmental impact state15 ment regarding a project if, as determined 

16 by the lead agency— 

17 ‘‘(I) the alternative was consid18 ered in a metropolitan planning proc19 ess or a State environmental review 

20 process by a metropolitan planning or21 ganization or a State or local trans22 portation agency, as applicable; 

23 ‘‘(II) the lead agency provided 

24 guidance to the metropolitan planning 

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1 portation agency, as applicable, re2 garding analysis of alternatives in the 

3 metropolitan planning process or 

4 State environmental review process, 

5 including guidance on the require6 ments under the National Environ7 mental Policy Act of 1969 (42 U.S.C. 

8 4321 et seq.) and any other require9 ments of Federal law necessary for 

10 approval of the project; 

11 ‘‘(III) the applicable metropolitan 

12 planning process or State environ13 mental review process included an op14 portunity for public review and com15 ment; 

16 ‘‘(IV) the applicable metropolitan 

17 planning organization or State or 

18 local transportation agency rejected 

19 the alternative after considering pub20 lic comments; 

21 ‘‘(V) the Federal lead agency 

22 independently reviewed the alternative 

23 evaluation approved by the applicable 

24 metropolitan planning organization or 


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1 State or local transportation agency; 

2 and 

3 ‘‘(VI) the Federal lead agency 

4 has determined— 

5 ‘‘(aa) in consultation with 

6 Federal participating or cooper7 ating agencies, that the alter8 native to be eliminated from con9 sideration is not necessary for 

10 compliance with the National En11 vironmental Policy Act of 1969 

12 (42 U.S.C. 4321 et seq.); or 

13 ‘‘(bb) with the concurrence 

14 of Federal agencies with jurisdic15 tion over a permit or approval re16 quired for a project, that the al17 ternative to be eliminated from 

18 consideration is not necessary for 

19 any permit or approval under any 

20 other Federal law.’’. 

21 SEC. 1105. IMPROVING COLLABORATION FOR ACCELER22 ATED DECISION MAKING. 

23 (a) COORDINATION AND SCHEDULING.—Section 

24 139(g)(1)(B)(i) of title 23, United States Code, is amend25 ed— 


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1 (1) by striking ‘‘The lead agency’’ and inserting 

2 ‘‘For a project requiring an environmental impact 

3 statement or environmental assessment, the lead 

4 agency’’; and 

5 (2) by striking ‘‘may’’ and inserting ‘‘shall’’. 

6 (b) ISSUE IDENTIFICATION AND RESOLUTION.—Sec7 tion 139(h) of title 23, United States Code, is amended— 

8 (1) in paragraph (4)(C), by striking ‘‘paragraph 

9 (5) and’’ and inserting ‘‘paragraph (5)’’; 

10 (2) in paragraph (5)(A)(ii)(I), by inserting ‘‘, 

11 including modifications to the project schedule’’ 

12 after ‘‘review process’’; and 

13 (3) in paragraph (6)(B), by striking clause (ii) 

14 and inserting the following: 

15 ‘‘(ii) DESCRIPTION OF DATE.—The 

16 date referred to in clause (i) is 1 of the fol17 lowing: 

18 ‘‘(I) The date that is 30 days 

19 after the date for rendering a decision 

20 as described in the project schedule 

21 established pursuant to subsection 

22 (g)(1)(B). 

23 ‘‘(II) If no schedule exists, the 

24 later of— 


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1 ‘‘(aa) the date that is 180 

2 days after the date on which an 

3 application for the permit, license 

4 or approval is complete; or 

5 ‘‘(bb) the date that is 180 

6 days after the date on which the 

7 Federal lead agency issues a de8 cision on the project under the 

9 National Environmental Policy 

10 Act of 1969 (42 U.S.C. 4321 et 

11 seq.). 

12 ‘‘(III) A modified date consistent 

13 with subsection (g)(1)(D).’’. 

14 SEC. 1106. ACCELERATED DECISIONMAKING IN ENVIRON15 MENTAL REVIEWS. 

16 (a) IN GENERAL.—Section 139 of title 23, United 

17 States Code, is amended by adding at the end the fol18 lowing: 

19 ‘‘(n) ACCELERATED DECISIONMAKING IN ENVIRON20 MENTAL REVIEWS.— 

21 ‘‘(1) IN GENERAL.—In preparing a final envi22 ronmental impact statement under the National En23 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

24 seq.), if the lead agency modifies the statement in 

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1 fined to factual corrections or explanations regarding 

2 why the comments do not warrant additional agency 

3 response, the lead agency may write on errata sheets 

4 attached to the statement instead of rewriting the 

5 draft statement, subject to the condition that the er6 rata sheets shall— 

7 ‘‘(A) cite the sources, authorities, or rea8 sons that support the position of the lead agen9 cy; and 

10 ‘‘(B) if appropriate, indicate the cir11 cumstances that would trigger agency re12 appraisal or further response. 

13 ‘‘(2) INCORPORATION.—To the maximum ex14 tent practicable, the lead agency shall expeditiously 

15 develop a single document that consists of a final en16 vironmental impact statement and a record of deci17 sion, unless— 

18 ‘‘(A) the final environmental impact state19 ment makes substantial changes to the pro20 posed action that are relevant to environmental 

21 or safety concerns; or 

22 ‘‘(B) there are significant new cir23 cumstances or information that— 

24 ‘‘(i) are relevant to environmental 

25 concerns; and 


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1 ‘‘(ii) bear on the proposed action or 

2 the impacts of the proposed action.’’. 

3 (b) REPEAL.—Section 1319 of MAP–21 (42 U.S.C. 

4 4332a) is repealed. 

5 SEC. 1107. IMPROVING TRANSPARENCY IN ENVIRON6 MENTAL REVIEWS. 

7 Section 139 of title 23, United States Code (as 

8 amended by section 1106(a)), is amended by adding at 

9 the end the following: 

10 ‘‘(o) REVIEWS, APPROVALS, AND PERMITTING PLAT11 FORM.— 

12 ‘‘(1) IN GENERAL.—Not later than 2 years 

13 after the date of enactment of this subsection, the 

14 Secretary shall establish an online platform and, in 

15 coordination with agencies described in paragraph 

16 (2), issue reporting standards to make publicly avail17 able the status of reviews, approvals, and permits re18 quired for compliance with the National Environ19 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

20 or other applicable Federal laws for projects and ac21 tivities requiring an environmental assessment or an 

22 environmental impact statement. 

23 ‘‘(2) FEDERAL AGENCY PARTICIPATION.—A 

24 Federal agency of jurisdiction over a review, ap25 proval, or permit described in paragraph (1) shall 


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1 provide status information in accordance with the 

2 standards established by the Secretary under para3 graph (1). 

4 ‘‘(3) STATE RESPONSIBILITIES.—A State that 

5 is assigned and assumes responsibilities under sec6 tion 326 or 327 shall provide applicable status infor7 mation in accordance with standards established by 

8 the Secretary under paragraph (1).’’. 

9 SEC. 1108. INTEGRATION OF PLANNING AND ENVIRON10 MENTAL REVIEW. 

11 Section 168 of title 23, United States Code, is 

12 amended to read as follows: 

13 ‘‘§ 168. Integration of planning and environmental re14 view 

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

16 definitions apply: 

17 ‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The 

18 term ‘environmental review process’ means the proc19 ess for preparing for a project an environmental im20 pact statement, environmental assessment, categor21 ical exclusion, or other document prepared under the 

22 National Environmental Policy Act of 1969 (42 

23 U.S.C. 4321 et seq.). 

24 ‘‘(2) LEAD AGENCY.—The term ‘lead agency’ 

25 has the meaning given the term in section 139(a). 


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1 ‘‘(3) PLANNING PRODUCT.—The term ‘planning 

2 product’ means a decision, analysis, study, or other 

3 documented information that is the result of an eval4 uation or decisionmaking process carried out by a 

5 metropolitan planning organization or a State, as 

6 appropriate, during metropolitan or statewide trans7 portation planning under section 134 or 135, respec8 tively. 

9 ‘‘(4) PROJECT.—The term ‘project’ has the 

10 meaning given the term in section 139(a). 

11 ‘‘(b) ADOPTION OF PLANNING PRODUCTS FOR USE

12 IN NEPA PROCEEDINGS.— 

13 ‘‘(1) IN GENERAL.—Subject to subsection (d), 

14 the Federal lead agency for a project may adopt and 

15 use a planning product in proceedings relating to 

16 any class of action in the environmental review proc17 ess of the project. 

18 ‘‘(2) IDENTIFICATION.—If the Federal lead 

19 agency makes a determination to adopt and use a 

20 planning product, the Federal lead agency shall 

21 identify the agencies that participated in the devel22 opment of the planning products. 

23 ‘‘(3) PARTIAL ADOPTION OF PLANNING PROD24 UCTS.—The Federal lead agency may— 


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1 ‘‘(A) adopt an entire planning product 

2 under paragraph (1); or 

3 ‘‘(B) select portions of a planning project 

4 under paragraph (1) for adoption. 

5 ‘‘(4) TIMING.—A determination under para6 graph (1) with respect to the adoption of a planning 

7 product may— 

8 ‘‘(A) be made at the time the lead agencies 

9 decide the appropriate scope of environmental 

10 review for the project; or 

11 ‘‘(B) occur later in the environmental re12 view process, as appropriate. 

13 ‘‘(c) APPLICABILITY.— 

14 ‘‘(1) PLANNING DECISIONS.—The lead agency 

15 in the environmental review process may adopt deci16 sions from a planning product, including— 

17 ‘‘(A) whether tolling, private financial as18 sistance, or other special financial measures are 

19 necessary to implement the project; 

20 ‘‘(B) a decision with respect to general 

21 travel corridor or modal choice, including a de22 cision to implement corridor or subarea study 

23 recommendations to advance different modal so24 lutions as separate projects with independent 

25 utility; 


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1 ‘‘(C) the purpose and the need for the pro2 posed action; 

3 ‘‘(D) preliminary screening of alternatives 

4 and elimination of unreasonable alternatives; 

5 ‘‘(E) a basic description of the environ6 mental setting; 

7 ‘‘(F) a decision with respect to methodolo8 gies for analysis; and 

9 ‘‘(G) an identification of programmatic 

10 level mitigation for potential impacts of trans11 portation projects, including— 

12 ‘‘(i) measures to avoid, minimize, and 

13 mitigate impacts at a regional or national 

14 scale; 

15 ‘‘(ii) investments in regional eco16 system and water resources; and 

17 ‘‘(iii) a programmatic mitigation plan 

18 developed in accordance with section 169. 

19 ‘‘(2) PLANNING ANALYSES.—The lead agency 

20 in the environmental review process may adopt anal21 yses from a planning product, including— 

22 ‘‘(A) travel demands; 

23 ‘‘(B) regional development and growth; 

24 ‘‘(C) local land use, growth management, 

25 and development; 


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1 ‘‘(D) population and employment; 

2 ‘‘(E) natural and built environmental con3 ditions; 

4 ‘‘(F) environmental resources and environ5 mentally sensitive areas; 

6 ‘‘(G) potential environmental effects, in7 cluding the identification of resources of con8 cern and potential indirect and cumulative ef9 fects on those resources; and 

10 ‘‘(H) mitigation needs for a proposed ac11 tion, or for programmatic level mitigation, for 

12 potential effects that the Federal lead agency 

13 determines are most effectively addressed at a 

14 regional or national program level. 

15 ‘‘(d) CONDITIONS.—The lead agency in the environ16 mental review process may adopt and use a planning prod17 uct under this section if the lead agency determines, with 

18 the concurrence of other participating agencies with rel19 evant expertise and project sponsors, as appropriate, that 

20 the following conditions have been met: 

21 ‘‘(1) The planning product was developed 

22 through a planning process conducted pursuant to 

23 applicable Federal law. 


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1 ‘‘(2) The planning product was developed in 

2 consultation with appropriate Federal and State re3 source agencies and Indian tribes. 

4 ‘‘(3) The planning process included broad mul5 tidisciplinary consideration of systems-level or cor6 ridor-wide transportation needs and potential effects, 

7 including effects on the human and natural environ8 ment. 

9 ‘‘(4) The planning process included public no10 tice that the planning products produced in the plan11 ning process may be adopted during a subsequent 

12 environmental review process in accordance with this 

13 section. 

14 ‘‘(5) During the environmental review process, 

15 the lead agency has— 

16 ‘‘(A) made the planning documents avail17 able for public review and comment; 

18 ‘‘(B) provided notice of the intention of the 

19 lead agency to adopt the planning product; and 

20 ‘‘(C) considered any resulting comments. 

21 ‘‘(6) There is no significant new information or 

22 new circumstance that has a reasonable likelihood of 

23 affecting the continued validity or appropriateness of 

24 the planning product. 


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1 ‘‘(7) The planning product has a rational basis 

2 and is based on reliable and reasonably current data 

3 and reasonable and scientifically acceptable meth4 odologies. 

5 ‘‘(8) The planning product is documented in 

6 sufficient detail to support the decision or the re7 sults of the analysis and to meet requirements for 

8 use of the information in the environmental review 

9 process. 

10 ‘‘(9) The planning product is appropriate for 

11 adoption and use in the environmental review proc12 ess for the project and is incorporated in accordance 

13 with the National Environmental Policy Act of 1969 

14 (42 U.S.C. 4321 et seq.) and section 1502.21 of title 

15 40, Code of Federal Regulations (as in effect on the 

16 date of enactment of the DRIVE Act). 

17 ‘‘(e) EFFECT OF ADOPTION.—Any planning product 

18 adopted by the Federal lead agency in accordance with 

19 this section may be— 

20 ‘‘(1) incorporated directly into an environmental 

21 review process document or other environmental doc22 ument; and 

23 ‘‘(2) relied on and used by other Federal agen24 cies in carrying out reviews of the project. 

25 ‘‘(f) RULES OF CONSTRUCTION.— 


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1 ‘‘(1) IN GENERAL.—This section does not make 

2 the environmental review process applicable to the 

3 transportation planning process conducted under 

4 this title and chapter 53 of title 49. 

5 ‘‘(2) TRANSPORTATION PLANNING ACTIVI6 TIES.—Initiation of the environmental review proc7 ess as a part of, or concurrently with, transportation 

8 planning activities does not subject transportation 

9 plans and programs to the environmental review 

10 process. 

11 ‘‘(3) PLANNING PRODUCTS.—This section does 

12 not affect the use of planning products in the envi13 ronmental review process pursuant to other authori14 ties under any other provision of law or restrict the 

15 initiation of the environmental review process during 

16 planning.’’. 

17 SEC. 1109. USE OF PROGRAMMATIC MITIGATION PLANS. 

18 Section 169(f) of title 23, United States Code, is 

19 amended— 

20 (1) by striking ‘‘may use’’ and inserting ‘‘shall 

21 consider’’; and 

22 (2) by inserting ‘‘or other Federal environ23 mental law’’ before the period at the end. 


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1 SEC. 1110. ADOPTION OF DEPARTMENTAL ENVIRON2 MENTAL DOCUMENTS. 

3 (a) IN GENERAL.—Title 49, United States Code, is 

4 amended by inserting after section 306 the following: 

5 ‘‘§ 307. Adoption of Departmental environmental doc6 uments 

7 ‘‘(a) IN GENERAL.—An operating administration or 

8 secretarial office within the Department may adopt any 

9 draft environmental impact statement, final environmental 

10 impact statement, environmental assessment, or any other 

11 document issued under the National Environmental Policy 

12 Act of 1969 (42 U.S.C. 4321 et seq.) by another operating 

13 administration or secretarial office within the Depart14 ment— 

15 ‘‘(1) without recirculating the document (except 

16 that a final environmental impact statement shall be 

17 recirculated prior to adoption); and 

18 ‘‘(2) if the operating administration or secre19 tarial office adopting the document certifies that the 

20 project is substantially the same as the project re21 viewed under the document to be adopted. 

22 ‘‘(b) COOPERATING AGENCY.—An adopting operating 

23 administration or secretarial office that was a cooperating 

24 agency and certifies that the project is substantially the 

25 same as the project reviewed under the document to be 

26 adopted and that the comments and suggestions in the 


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1 document its comments and suggestions have been ad2 dressed may adopt a document described in subsection (a) 

3 without recirculating the document.’’. 

4 (b) CONFORMING AMENDMENT.—The analysis for 

5 chapter 3 of title 49, United States Code, is amended by 

6 striking the item relating to section 307 and inserting the 

7 following: 

‘‘Sec. 307. Adoption of Departmental environmental documents.’’. 

8 SEC. 1111. TECHNICAL ASSISTANCE FOR STATES. 

9 Section 326 of title 23, United States Code, is 

10 amended— 

11 (1) in subsection (c)— 

12 (A) by redesignating paragraphs (2) 

13 through (4) as paragraphs (3) through (5), re14 spectively; and 

15 (B) by inserting after paragraph (1) the 

16 following: 

17 ‘‘(2) ASSISTANCE TO STATES.—On request of a 

18 Governor of a State, the Secretary shall provide to 

19 the State technical assistance, training, or other 

20 support relating to— 

21 ‘‘(A) assuming responsibility under sub22 section (a); 

23 ‘‘(B) developing a memorandum of under24 standing under this subsection; or 


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1 ‘‘(C) addressing a responsibility in need of 

2 corrective action under subsection (d)(1)(B).’’; 

3 and 

4 (2) in subsection (d), by striking paragraph (1) 

5 and inserting the following: 

6 ‘‘(1) TERMINATION BY SECRETARY.—The Sec7 retary may terminate the participation of any State 

8 in the program, if— 

9 ‘‘(A) the Secretary determines that the 

10 State is not adequately carrying out the respon11 sibilities assigned to the State; 

12 ‘‘(B) the Secretary provides to the State— 

13 ‘‘(i) a notification of the determina14 tion of noncompliance; 

15 ‘‘(ii) a period of not less than 120 

16 days to take such corrective action as the 

17 Secretary determines to be necessary to 

18 comply with the applicable agreement; and 

19 ‘‘(iii) on request of the Governor of 

20 the State, a detailed description of each re21 sponsibility in need of corrective action re22 garding an inadequacy identified under 

23 subparagraph (A); and 

24 ‘‘(C) the State, after the notification and 

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1 paragraph (B), fails to take satisfactory correc2 tive action, as determined by the Secretary.’’. 

3 SEC. 1112. SURFACE TRANSPORTATION PROJECT DELIV4 ERY PROGRAM. 

5 Section 327(j) of title 23, United States Code, is 

6 amended by striking paragraph (1) and inserting the fol7 lowing: 

8 ‘‘(1) TERMINATION BY SECRETARY.—The Sec9 retary may terminate the participation of any State 

10 in the program if— 

11 ‘‘(A) the Secretary determines that the 

12 State is not adequately carrying out the respon13 sibilities assigned to the State; 

14 ‘‘(B) the Secretary provides to the State— 

15 ‘‘(i) a notification of the determina16 tion of noncompliance; 

17 ‘‘(ii) a period of not less than 120 

18 days to take such corrective action as the 

19 Secretary determines to be necessary to 

20 comply with the applicable agreement; and 

21 ‘‘(iii) on request of the Governor of 

22 the State, a detailed description of each re23 sponsibility in need of corrective action re24 garding an inadequacy identified under 

25 subparagraph (A); and 


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1 ‘‘(C) the State, after the notification and 

2 period provided under subparagraph (B), fails 

3 to take satisfactory corrective action, as deter4 mined by the Secretary.’’. 

5 SEC. 1113. CATEGORICAL EXCLUSIONS FOR MULTIMODAL 

6 PROJECTS. 

7 (a) MULTIMODAL PROJECT DEFINED.—Section 

8 139(a) of title 23, United States Code, is amended by 

9 striking paragraph (5) and inserting the following: 

10 ‘‘(5) MULTIMODAL PROJECT.—The term 

11 ‘multimodal project’ means a project that requires 

12 approval by more than 1 Department of Transpor13 tation operating administration or secretarial of14 fice.’’. 

15 (b) APPLICATION OF CATEGORICAL EXCLUSIONS FOR

16 MULTIMODAL PROJECTS.—Section 304 of title 49, United 

17 States Code, is amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (1), by striking ‘‘oper20 ating authority that is not the lead authority 

21 with respect to a project’’ and inserting ‘‘oper22 ating administration or secretarial office that 

23 has expertise but is not the lead authority with 

24 respect to a proposed multimodal project’’; and 


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1 (B) by striking paragraph (2) and insert2 ing the following: 

3 ‘‘(2) LEAD AUTHORITY.—The term ‘lead au4 thority’ means a Department of Transportation op5 erating administration or secretarial office that has 

6 the lead responsibility for compliance with the Na7 tional Environmental Policy Act of 1969 (42 U.S.C. 

8 4321 et seq.) for a proposed multimodal project.’’; 

9 (2) in subsection (b), by striking ‘‘under this 

10 title’’ and inserting ‘‘by the Secretary of Transpor11 tation’’; 

12 (3) in subsection (c)— 

13 (A) in the matter preceding paragraph 

14 (1)— 

15 (i) by striking ‘‘a categorical exclusion 

16 designated under the implementing regula17 tions or’’ and inserting ‘‘a categorical ex18 clusion designated under the National En19 vironmental Policy Act of 1969 (42 U.S.C. 

20 4321 et seq.) implementing regulations 

21 or’’; and 

22 (ii) by striking ‘‘other components of 

23 the’’ and inserting ‘‘a proposed 

24 multimodal’’; and 


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1 (B) by striking paragraphs (1) through (5) 

2 and inserting the following: 

3 ‘‘(1) the lead authority makes a determination, 

4 in consultation with the cooperating authority, on 

5 the applicability of a categorical exclusion to a pro6 posed multimodal project; 

7 ‘‘(2) the cooperating authority does not object 

8 to the determination of the lead authority of the ap9 plicability of a categorical exclusion; 

10 ‘‘(3) the lead authority determines that the 

11 component of the proposed multimodal project to be 

12 covered by the categorical exclusion of the cooper13 ating authority has independent utility; and 

14 ‘‘(4) the lead authority determines that— 

15 ‘‘(A) the proposed multimodal project does 

16 not individually or cumulatively have a signifi17 cant impact on the environment; and 

18 ‘‘(B) extraordinary circumstances do not 

19 exist that merit additional analysis and docu20 mentation in an environmental impact state21 ment or environmental assessment required 

22 under the National Environmental Policy Act of 

23 1969 (42 U.S.C. 4321 et seq.).’’; and 

24 (4) by striking subsection (d) and inserting the 

25 following: 


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1 ‘‘(d) COOPERATIVE AUTHORITY EXPERTISE.—A co2 operating authority shall provide expertise to the lead au3 thority on aspects of the multimodal project in which the 

4 cooperating authority has expertise.’’. 

5 SEC. 1114. MODERNIZATION OF THE ENVIRONMENTAL RE6 VIEW PROCESS. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of enactment of this Act, the Secretary shall examine 

9 ways to modernize, simplify, and improve the implementa10 tion of the National Environmental Policy Act of 1969 (42 

11 U.S.C. 4231 et seq.) by the Department. 

12 (b) INCLUSIONS.—In carrying out subsection (a), the 

13 Secretary shall consider— 

14 (1) the use of technology in the process, such 

15 as— 

16 (A) searchable databases; 

17 (B) geographic information system map18 ping tools; 

19 (C) integration of those tools with fiscal 

20 management systems to provide more detailed 

21 data; and 

22 (D) other innovative technologies; 

23 (2) ways to prioritize use of programmatic envi24 ronmental impact statements; 


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1 (3) methods to encourage cooperating agencies 

2 to present analyses in a concise format; and 

3 (4) any other improvements that can be made 

4 to modernize process implementation. 

5 (c) REPORT.—Not later than 1 year after the date 

6 of enactment of this Act, the Secretary shall submit to 

7 the Committee on Environment and Public Works of the 

8 Senate and the Committee on Transportation and Infra9 structure of the House of Representatives a report de10 scribing the results of the review carried out under sub11 section (a). 

12 SEC. 1115. SERVICE CLUB, CHARITABLE ASSOCIATION, OR 

13 RELIGIOUS SERVICE SIGNS. 

14 Notwithstanding section 131 of title 23, United 

15 States Code, and part 750 of title 23, Code of Federal 

16 Regulations (or successor regulations), a State may allow 

17 the maintenance of a sign of a service club, charitable as18 sociation, or religious service that was erected as of the 

19 date of enactment of this Act, the area of which is less 

20 than or equal to 32 square feet, if the State notifies the 

21 Federal Highway Administration. 


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1 SEC. 1116. SATISFACTION OF REQUIREMENTS FOR CER2 TAIN HISTORIC SITES. 

3 (a) HIGHWAYS.—Section 138 of title 23, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘(c) SATISFACTION OF REQUIREMENTS FOR CER7 TAIN HISTORIC SITES.— 

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

9 ‘‘(A) ensure that the requirements of this 

10 section are consistent with align, to the max11 imum extent practicable, with the requirements 

12 of the National Environmental Policy Act of 

13 1969 (42 U.S.C. 4231 et seq.) and section 

14 306108 of title 54, including implementing reg15 ulations; and 

16 ‘‘(B) not later than 90 days after the date 

17 of enactment of this subsection, coordinate with 

18 the Secretary of the Interior and the Executive 

19 Director of the Advisory Council on Historic 

20 Preservation (referred to in this subsection as 

21 the ‘Council’) to establish procedures to satisfy 

22 the requirements described in subparagraph (A) 

23 (including regulations). 

24 ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 

25 ‘‘(A) IN GENERAL.—If, in an analysis re26 quired under the National Environmental PolVerDate Sep 11 2014 22:56 Jul 15, 2015 Jkt 049200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.RS S1647

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1 icy Act of 1969 (42 U.S.C. 4231 et seq.), the 

2 Secretary determines that there is no feasible or 

3 prudent alternative to avoid use of an historic 

4 site, the Secretary may— 

5 ‘‘(i) include the determination of the 

6 Secretary in the analysis required under 

7 that Act; 

8 ‘‘(ii) provide a notice of the deter9 mination to— 

10 ‘‘(I) each applicable State his11 toric preservation officer and tribal 

12 historic preservation officer; 

13 ‘‘(II) the Council, if the Council 

14 is participating in the consultation 

15 process under section 306108 of title 

16 54; and 

17 ‘‘(III) the Secretary of the Inte18 rior; and 

19 ‘‘(iii) request from the applicable pres20 ervation officer, the Council, and the Sec21 retary of the Interior a concurrence that 

22 the determination is sufficient to satisfy 

23 the requirement of subsection (a)(1). 

24 ‘‘(B) CONCURRENCE.—If the applicable 

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1 retary of the Interior each provide a concur2 rence requested under subparagraph (A)(iii)— 

3 ‘‘(i) no further analysis under sub4 section (a)(1) shall be required; 

5 ‘‘(ii) the Secretary shall include in the 

6 record of decision or finding of no signifi7 cant impact a notice of a determination 

8 and each relevant concurrence to the deter9 mination under subparagraph (A); and 

10 ‘‘(iii) not later than 3 days after the 

11 receipt by the Secretary of all concurrences 

12 requested under subparagraph (A)(iii), the 

13 Secretary shall post on an appropriate 

14 Federal website the determination and 

15 each relevant concurrence described in 

16 clause (ii). subparagraph (A)(iii), no fur17 ther analysis under subsection (a)(1) shall 

18 be required. 

19 ‘‘(C) PUBLICATION.—A notice of a deter20 mination, together with each relevant concur21 rence to that determination, under subparagraph 

22 (A) shall be— 

23 ‘‘(i) included in the record of decision 

24 or finding of no significant impact of the 

25 Secretary; and 


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1 ‘‘(ii) posted on an appropriate Federal 

2 website by not later than 3 days after the 

3 date of receipt by the Secretary of all con4 currences requested under subparagraph 

5 (A)(iii). 

6 ‘‘(3) ALIGNING HISTORICAL REVIEWS.— 

7 ‘‘(A) IN GENERAL.—If the Secretary, the 

8 applicable preservation officer, the Council, and 

9 the Secretary of the Interior concur that there 

10 is no feasible and prudent alternative that no 

11 feasible and prudent alternative exists as de12 scribed in paragraph (2), the Secretary may 

13 provide to the applicable preservation officer, 

14 the Council, and the Secretary of the Interior 

15 notice of the intent of the Secretary to satisfy 

16 the requirements of subsection (a)(2) through 

17 the consultation requirements of section 306108 

18 of title 54. 

19 ‘‘(B) SATISFACTION OF CONDITIONS.—To 

20 satisfy the requirements of subsection (a)(2), 

21 each individual described in paragraph 

22 (2)(A)(ii) shall concur in the treatment of the 

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1 ment developed under section 306108 of title 

2 54.’’. 

3 (b) PUBLIC TRANSPORTATION.—Section 303 of title 

4 49, United States Code, is amended— 

5 (1) in subsection (c), in the matter preceding 

6 paragraph (1), by striking ‘‘subsection (d)’’ and in7 serting ‘‘subsections (d) and (e)’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(e) SATISFACTION OF REQUIREMENTS FOR CER10 TAIN HISTORIC SITES.— 

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

12 ‘‘(A) ensure that the requirements of this 

13 section are consistent with align, to the max14 imum extent practicable, the requirements of this 

15 section with the requirements of the National 

16 Environmental Policy Act of 1969 (42 U.S.C. 

17 4231 et seq.) and section 306108 of title 54, in18 cluding implementing regulations; and 

19 ‘‘(B) not later than 90 days after the date 

20 of enactment of this subsection, coordinate with 

21 the Secretary of the Interior and the Executive 

22 Director of the Advisory Council on Historic 

23 Preservation (referred to in this subsection as 

24 the ‘Council’) to establish procedures to satisfy 


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1 the requirements described in subparagraph (A) 

2 (including regulations). 

3 ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 

4 ‘‘(A) IN GENERAL.—If, in an analysis re5 quired under the National Environmental Pol6 icy Act of 1969 (42 U.S.C. 4231 et seq.), the 

7 Secretary determines that there is no feasible or 

8 prudent alternative to avoid use of an historic 

9 site, the Secretary may— 

10 ‘‘(i) include the determination of the 

11 Secretary in the analysis required under 

12 that Act; 

13 ‘‘(ii) provide a notice of the deter14 mination to— 

15 ‘‘(I) each applicable State his16 toric preservation officer and tribal 

17 historic preservation officer; 

18 ‘‘(II) the Council, if the Council 

19 is participating in the consultation 

20 process under section 306108 of title 

21 54; and 

22 ‘‘(III) the Secretary of the Inte23 rior; and 

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1 retary of the Interior a concurrence that 

2 the determination is sufficient to satisfy 

3 the requirement of subsection (c)(1). 

4 ‘‘(B) CONCURRENCE.—If the applicable 

5 preservation officer, the Council, and the Sec6 retary of the Interior each provide a concur7 rence requested under subparagraph (A)(iii)— 

8 ‘‘(i) no further analysis under sub9 section (c)(1) shall be required; 

10 ‘‘(ii) the Secretary shall include in the 

11 record of decision or finding of no signifi12 cant impact a notice of a determination 

13 and each relevant concurrence to the deter14 mination under subparagraph (A); and 

15 ‘‘(iii) not later than 3 days after the 

16 receipt by the Secretary of all concurrences 

17 requested under subparagraph (A)(iii), the 

18 Secretary shall post on an appropriate 

19 Federal website the determination and 

20 each relevant concurrence described in 

21 clause (ii). subparagraph (A)(iii), no fur22 ther analysis under subsection (a)(1) shall 

23 be required. 

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1 rence to that determination, under subparagraph 

2 (A) shall be— 

3 ‘‘(i) included in the record of decision 

4 or finding of no significant impact of the 

5 Secretary; and 

6 ‘‘(ii) posted on an appropriate Federal 

7 website by not later than 3 days after the 

8 date of receipt by the Secretary of all con9 currences requested under subparagraph 

10 (A)(iii). 

11 ‘‘(3) ALIGNING HISTORICAL REVIEWS.— 

12 ‘‘(A) IN GENERAL.—If the Secretary, the 

13 applicable preservation officer, the Council, and 

14 the Secretary of the Interior concur that there 

15 is no feasible and prudent alternative that no 

16 feasible and prudent alternative exists as de17 scribed in paragraph (2), the Secretary may 

18 provide to the applicable preservation officer, 

19 the Council, and the Secretary of the Interior 

20 notice of the intent of the Secretary to satisfy 

21 the requirements of subsection (c)(2) through 

22 the consultation requirements of section 306108 

23 of title 54. 

24 ‘‘(B) SATISFACTION OF CONDITIONS.—To 

25 satisfy the requirements of subsection (c)(2), 


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1 the applicable preservation officer, the Council, 

2 and the Secretary of the Interior shall concur in 

3 the treatment of the applicable historic site de4 scribed in the memorandum of agreement or 

5 programmatic agreement developed under sec6 tion 306108 of title 54.’’. 

7 SEC. 1117. BRIDGE EXEMPTION FROM CONSIDERATION 

8 UNDER CERTAIN PROVISIONS. 

9 (a) PRESERVATION OF PARKLANDS.—Section 138 of 

10 title 23, United States Code, as amended by section 1116, 

11 is amended by adding at the end the following: 

12 ‘‘(d) BRIDGE EXEMPTION FROM CONSIDERATION.— 

13 A common post-1945 concrete or steel bridge or culvert 

14 (as described in 77 Fed. Reg. 68790) that is exempt from 

15 individual review under section 306108 of title 54, United 

16 States Code, shall be exempt from consideration under 

17 this section.’’. 

18 (b) POLICY ON LANDS, WILDLIFE AND WATERFOWL

19 REFUGES, AND HISTORIC SITES.—Section 303 of title 49, 

20 United States Code, as amended by section 1116, is 

21 amended by adding at the end the following: 

22 ‘‘(f) BRIDGE EXEMPTION FROM CONSIDERATION.— 

23 A common post-1945 concrete or steel bridge or culvert 

24 (as described in 77 Fed. Reg. 68790) that is exempt from 

25 individual review under section 306108 of title 54, United 


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1 States Code, shall be exempt from consideration under 

2 this section.’’. 

3 SEC. 1118. ELIMINATION OF BARRIERS TO IMPROVE AT4 RISK BRIDGES. 

5 (a) TEMPORARY AUTHORIZATION.— 

6 (1) IN GENERAL.—Notwithstanding any other 

7 provision of law, until Until the Secretary of the In8 terior takes the action described in subsection (b), 

9 the take of nesting swallows to facilitate a construc10 tion project on a bridge eligible for funding under 

11 title 23, United States Code, with any component 

12 condition rating of 3 or less (as defined by the Na13 tional Bridge Inventory General Condition Guidance 

14 issued by the Federal Highway Administration) is 

15 authorized under the Migratory Bird Treaty Act (16 

16 U.S.C. 703 et seq.) between April 1 and August 31. 

17 (2) MEASURES TO MINIMIZE IMPACTS.— 

18 (A) NOTIFICATION BEFORE TAKING.— 

19 Prior to the taking of nesting swallows author20 ized under paragraph (1), any person taking 

21 that action shall submit to the Secretary of the 

22 Interior a document that contains— 

23 (i) the name of the person acting 

24 under the authority of paragraph (1) to 

25 take nesting swallows; 


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1 (ii) a list of practicable measures that 

2 will be undertaken to minimize or mitigate 

3 significant adverse impacts on the popu4 lation of that species; 

5 (iii) the time period during which ac6 tivities will be carried out that will result 

7 in the taking of that species; and 

8 (iv) an estimate of the number of 

9 birds, by species, to be taken in the pro10 posed action. 

11 (B) NOTIFICATION AFTER TAKING.—Not 

12 later than 60 days after the taking of nesting 

13 swallows authorized under paragraph (1), any 

14 person taking that action shall submit to the 

15 Secretary of the Interior a document that con16 tains the number of birds, by species, taken in 

17 the action. 

18 (b) AUTHORIZATION OF TAKE.— 

19 (1) IN GENERAL.—The Secretary of the Inte20 rior, in consultation with the Secretary, shall pro21 mulgate a regulation under the authority of section 

22 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) 

23 authorizing the take of nesting swallows to facilitate 

24 bridge repair, maintenance, or construction— 


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1 (A) without individual permit require2 ments; and 

3 (B) under terms and conditions determined 

4 to be consistent with treaties relating to migra5 tory birds that protect swallow species occur6 ring in the United States. 

7 (2) TERMINATION.—On the effective date of a 

8 final rule under this subsection by the Secretary of 

9 the Interior, subsection (a) shall have no force or ef10 fect. 

11 (c) SUSPENSION OR WITHDRAWAL OF TAKE AU12 THORIZATION.—If the Secretary of the Interior, in con13 sultation with the Secretary, determines that taking of 

14 nesting swallows carried out under the authority provided 

15 in subsection (a)(1) is having a significant adverse impact 

16 on swallow populations, the Secretary of the Interior may 

17 suspend that authority through publication in the Federal 

18 Register. 

19 SEC. 1119. AT-RISK PROJECT PREAGREEMENT AUTHORITY. 

20 (a) DEFINITION OF PRELIMINARY ENGINEERING.— 

21 In this section, the term ‘‘preliminary engineering’’ means 

22 allowable preconstruction project development and engi23 neering costs. 


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1 (b) AT-RISK PROJECT PREAGREEMENT AUTHOR2 ITY.—A recipient or subrecipient of Federal-aid funds 

3 under title 23, United States Code, may— 

4 (1) incur preliminary engineering costs for an 

5 eligible project under title 23, United States Code, 

6 before receiving project authorization from the 

7 State, in the case of a subrecipient, and the Sec8 retary to proceed with the project; and 

9 (2) request reimbursement of applicable Federal 

10 funds after the project authorization is received. 

11 (c) ELIGIBILITY.—The Secretary may reimburse pre12 liminary engineering costs incurred by a recipient or sub13 recipient under subsection (b)— 

14 (1) if the costs meet all applicable requirements 

15 under title 23, United States Code, at the time the 

16 costs are incurred and the Secretary concurs that 

17 the requirements have been met; 

18 (2) in the case of a project located within a des19 ignated nonattainment or maintenance area for air 

20 quality, if the conformity requirements of the Clean 

21 Air Act (42 U.S.C. 7401 et seq.) have been met; and 

22 (3) if the costs would have been allowable if in23 curred after the date of the project authorization by 

24 the Department. 


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1 (d) AT-RISK.—A recipient or subrecipient that elects 

2 to use the authority provided under this section shall— 

3 (1) assume all risk for preliminary engineering 

4 costs incurred prior to project authorization; and 

5 (2) be responsible for ensuring and dem6 onstrating to the Secretary that all applicable cost 

7 eligibility conditions are met after the authorization 

8 is received. 

9 (e) RESTRICTIONS.—Nothing in this section— 

10 (1) allows a recipient or subrecipient to use the 

11 authority under this section to advance a project be12 yond preliminary engineering prior to the completion 

13 of the environmental review process; 

14 (2) waives the applicability of Federal require15 ments to a project other than the reimbursement of 

16 preliminary engineering costs incurred prior to an 

17 authorization to proceed in accordance with this sec18 tion; or 

19 (3) guarantees Federal funding of the project 

20 or the eligibility of the project for future Federal-aid 

21 highway funding. 


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1 Subtitle C—Miscellaneous 

2 SEC. 1201. CREDITS FOR UNTAXED TRANSPORTATION 

3 FUELS. 

4 (a) DEFINITION OF QUALIFIED REVENUES.—In this 

5 section, the term ‘‘qualified revenues’’ means any 

6 amounts— 

7 (1) collected by a State— 

8 (A) for the registration of a vehicle that 

9 operates solely on a fuel that is not subject to 

10 a Federal tax; and 

11 (B) not sooner than the second registration 

12 period following the purchase of the vehicle; and 

13 (2) that do not exceed, for a vehicle described 

14 in paragraph (1), an annual amount determined by 

15 the Secretary to be equal to the annual amount paid 

16 for Federal motor fuels taxes on the fuel used by an 

17 average passenger car fueled solely by gasoline. 

18 (b) CREDIT.— 

19 (1) IN GENERAL.—Subject to paragraph (2), if 

20 a State contributes qualified revenues to cover not 

21 less than 5 percent of the total cost of a project eli22 gible for assistance under this title, the Federal 

23 share payable for the project under this section may 

24 be increased by an amount that is— 


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1 (A) equal to the percent of the total cost 

2 of the project from contributed qualified reve3 nues; but 

4 (B) not more than 5 percent of the total 

5 cost of the project. 

6 (2) EXPIRATION.—The authorization of an in7 creased Federal share for a project pursuant to 

8 paragraph (1) expires on September 30, 2023. 

9 (c) STUDY.— 

10 (1) IN GENERAL.—Before the expiration date of 

11 the credit under subsection (b)(2), the Secretary, in 

12 coordination with other appropriate Federal agen13 cies, shall submit to the Committee on Environment 

14 and Public Works of the Senate and the Committee 

15 on Transportation and Infrastructure of the House 

16 of Representatives a report that describes the most 

17 efficient and equitable means of taxing motor vehicle 

18 fuels not subject to a Federal tax as of the date of 

19 submission of the report. 

20 (2) REQUIREMENT.—The means described in 

21 the report under paragraph (1) shall parallel, as 

22 closely as practicable, the structure of other Federal 

23 taxes on motor fuels. 


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1 SEC. 1202. JUSTIFICATION REPORTS FOR ACCESS POINTS 

2 ON THE INTERSTATE SYSTEM. 

3 Section 111(e) of title 23, United States Code, is 

4 amended by inserting ‘‘(including new or modified free5 way-to-crossroad interchanges inside a transportation 

6 management area)’’ after ‘‘the Interstate System’’. 

7 SEC. 1203. EXEMPTIONS. 

8 Section 127 of title 23, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(m) NATURAL GAS VEHICLES.—A vehicle, if oper11 ated by an engine fueled primarily by natural gas, may 

12 exceed any vehicle weight limit (up to a maximum gross 

13 vehicle weight of 82,000 pounds) under this section by an 

14 amount that is equal to the difference between— 

15 ‘‘(1) the weight of the vehicle attributable to 

16 the natural gas tank and fueling system carried by 

17 that vehicle; and 

18 ‘‘(2) the weight of a comparable diesel tank and 

19 fueling system. 

20 ‘‘(n) EMERGENCY VEHICLES.— 

21 ‘‘(1) DEFINITION OF EMERGENCY VEHICLE.— 

22 In this subsection, the term ‘emergency vehicle’ 

23 means a vehicle designed to be used under emer24 gency conditions— 

25 ‘‘(A) to transport personnel and equip26 ment; and 


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1 ‘‘(B) to support the suppression of fires 

2 and mitigation of other hazardous situations. 

3 ‘‘(2) EMERGENCY VEHICLE WEIGHT LIMIT.— 

4 Notwithstanding subsection (a), a State shall not en5 force against an emergency vehicle a vehicle weight 

6 limit (up to a maximum gross vehicle weight of 

7 86,000 pounds) of less than— 

8 ‘‘(A) 24,000 pounds on a single steering 

9 axle; 

10 ‘‘(B) 33,500 pounds on a single drive axle; 

11 ‘‘(C) 62,000 pounds on a tandem axle; or 

12 ‘‘(D) 52,000 pounds on a tandem rear 

13 drive steer axle. 

14 ‘‘(o) OPERATION OF CERTAIN SPECIALIZED VEHI15 CLES ON CERTAIN HIGHWAYS IN THE STATE OF ARKAN16 SAS.—If any segment of United States Route 63 between 

17 the exits for highways 14 and 75 in the State of Arkansas 

18 is designated as part of the Interstate System— 

19 ‘‘(1) a vehicle that could legally operate on the 

20 segment before the date of the designation at the 

21 posted speed limit may continue to operate on that 

22 segment; and 

23 ‘‘(2) a vehicle that can only travel below the 

24 posted speed limit on the segment that could other25 wise legally operate on the segment before the date 


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1 of the designation may continue to operate on that 

2 segment during daylight hours.’’. 

3 SEC. 1204. HIGH PRIORITY CORRIDORS ON THE NATIONAL 

4 HIGHWAY SYSTEM. 

5 Section 1105 of the Intermodal Surface Transpor6 tation Efficiency Act of 1991 (105 Stat. 2031) is amend7 ed— 

8 (1) in subsection (c) (105 Stat. 2032; 119 Stat. 

9 1213)— 

10 (A) by striking paragraph (13) and insert11 ing the following: 

12 ‘‘(13) Raleigh-Norfolk Corridor from Raleigh, 

13 North Carolina, through Rocky Mount, Williamston 

14 and Elizabeth City, North Carolina, to Norfolk, Vir15 ginia.’’; 

16 (B) by striking paragraph (68) and insert17 ing the following: 

18 ‘‘(68) The Washoe County Corridor and the 

19 Intermountain West Corridor shall generally follow: 

20 ‘‘(A) in the case of the Washoe County 

21 Corridor, along Interstate Route 580/United 

22 States Route 95/United States Route 95A, from 

23 Reno, Nevada, to Las Vegas, Nevada; and 

24 ‘‘(B) in the case of the Intermountain 

25 West Corridor, from the vicinity of Las Vegas 


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1 extending north along United States Route 95, 

2 terminating at Interstate Route 80.’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(81) United States Route 117/Interstate 

5 Route 795 from United States Route 70 in Golds6 boro, Wayne County, North Carolina, to Interstate 

7 Route 40 west of Faison, Sampson County, North 

8 Carolina. 

9 ‘‘(82) United States Route 70 from its intersec10 tion with Interstate Route 40 in Garner, Wake 

11 County, North Carolina, to the Port at Morehead 

12 City, Carteret County, North Carolina.’’; 

13 (2) in subsection (e)(5)— 

14 (A) in subparagraph (A) (109 Stat. 597; 

15 118 Stat. 293; 119 Stat. 1213), in the first 

16 sentence— 

17 (i) by inserting ‘‘subsection (c)(13),’’ 

18 after ‘‘subsection (c)(9),’’; 

19 (ii) by striking ‘‘subsections (c)(18)’’ 

20 and all that follows through ‘‘(c)(36)’’ and 

21 inserting ‘‘subsection (c)(18), subsection 

22 (c)(20), subparagraphs (A) and (B)(i) of 

23 subsection (c)(26), subsection (c)(36)’’ ; 

24 and 


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1 (iii) by striking ‘‘and subsection 

2 (c)(57)’’ and inserting ‘‘subsection (c)(57), 

3 subsection (c)(68)(B), subsection (c)(81), 

4 and subsection (c)(82)’’; and 

5 (B) in subparagraph (C)(i) (109 Stat. 598; 

6 126 Stat. 427), by striking the last sentence 

7 and inserting ‘‘The routes referred to in sub8 paragraphs (A) and (B)(i) of subsection (c)(26) 

9 and in subsection (c)(68)(B) are designated as 

10 Interstate Route I–11.’’. 

11 SEC. 1205. REPEAT INTOXICATED DRIVER LAW. 

12 Section 164(a)(4) of title 23, United States Code, is 

13 amended in the matter preceding subparagraph (A) by in14 serting ‘‘or combination of laws’’ after ‘‘means a State 

15 law’’. 

16 SEC. 1206. VEHICLE-TO-INFRASTRUCTURE EQUIPMENT. 

17 (a) NATIONAL HIGHWAY PERFORMANCE PRO18 GRAM.—Section 119(d)(2)(L) of title 23, United States 

19 Code, is amended by inserting ‘‘, including the installation 

20 of vehicle-to-infrastructure communication equipment’’ 

21 after ‘‘capital improvements’’. 

22 (b) SURFACE TRANSPORTATION PROGRAM.—Section 

23 133(b)(16) of title 23, United States Code, by inserting 

24 ‘‘, including the installation of vehicle-to-infrastructure 

25 communication equipment’’ after ‘‘capital improvements’’. 


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1 SEC. 1207. DESIGNATED PROJECTS. 

2 (a) DEFINITIONS.—In this section, the following defi3 nitions apply: 

4 (1) EARMARKED AMOUNT.—The term ‘‘ear5 marked amount’’ means— 

6 (A) congressionally directed spending, as 

7 defined in rule XLIV of the Standing Rules of 

8 the Senate, identified in a prior law, report, or 

9 joint explanatory statement, that was author10 ized to be appropriated or appropriated more 

11 than 10 fiscal years prior to the fiscal year in 

12 which this Act becomes effective, and adminis13 tered by the Administrator of the Federal High14 way Administration; and 

15 (B) a congressional earmark, as defined in 

16 rule XXI of the Rules of the House of Rep17 resentatives identified in a prior law, report, or 

18 joint explanatory statement, that was author19 ized to be appropriated or appropriated more 

20 than 10 fiscal years prior to the fiscal year in 

21 which this Act becomes effective, and adminis22 tered by the Administrator of the Federal High23 way Administration. 

24 (2) STATE.—The term ‘‘State’’ has the mean25 ing given the term in section 101(a) of title 23, 

26 United States Code. 


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1 (3) TERRITORY.—The term ‘‘territory’’ has the 

2 meaning given the term in section 165(c) of title 23, 

3 United States Code. 

4 (b) AUTHORITY.—A State or territory may use any 

5 earmarked amount and any associated obligation limita6 tion for any project eligible under sections 133(b) or 165 

7 of title 23, United States Code, respectively. 

8 (c) TERMS.— 

9 (1) NOTIFICATION.—The State transportation 

10 agency for the State or territory for which the ear11 marked amount was originally designated or directed 

12 shall— 

13 (A) notify the Secretary of the intent of 

14 the State transportation agency to use author15 ity under this section; and 

16 (B) submit to the Secretary a report not 

17 later than September 30, 2016, identifying the 

18 earmarked amount, and associated obligation 

19 limitation, to be used and the projects to which 

20 the funding would be applied. 

21 (2) PERIOD OF AVAILABILITY.—Notwith22 standing the original period of availability of the ear23 marked amount and associated obligation limitation, 

24 the funds and associated obligation limitation shall 

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1 cal years after the fiscal year in which the Secretary 

2 is notified under paragraph (1). 

3 (3) FEDERAL SHARE.—The Federal share of 

4 the cost of a project carried out with funds made 

5 available under this section shall be the same as 

6 originally associated with the earmark. 

7 (d) LIMITATIONS.— 

8 (1) IN GENERAL.—The authority under sub9 section (b) may be exercised only— 

10 (A) after September 30, 2016; and 

11 (B)(i) for those projects or activities that 

12 have obligated less than 10 percent of the 

13 amount made available for obligation as of the 

14 date of enactment of this Act; or 

15 (ii) for those projects with unexpended bal16 ances of funds for which the earmarked amount 

17 that was originally designated or directed has 

18 been closed and for which payments have been 

19 made under a final voucher. 

20 (2) GEOGRAPHIC AREA.— 

21 (A) IN GENERAL.—The earmarked amount 

22 and associated obligation limitation shall only 

23 be applied to projects within the same general 

24 geographic area within 50 miles and within the 

25 boundaries of the State or territory for which 


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1 the earmarked amount was originally des2 ignated or directed, in consultation with the rel3 evant metropolitan planning organization, if ap4 plicable. 

5 (B) EXCEPTION.—A State or territory 

6 may apply the earmarked amount and associ7 ated obligation limitation, to a project in any 

8 area of the State or territory if the State or ter9 ritory certifies that the project for which the 

10 earmarked amount was originally designated or 

11 directed has been completed and payments have 

12 been made under a final voucher. 

13 (e) REPORT TO CONGRESS.—Not later than Decem14 ber 16, 2016, the Secretary shall submit a consolidated 

15 report of the information provided by States and terri16 tories under this section to— 

17 (1) the Committee on Appropriations of the 

18 Senate; 

19 (2) the Committee on Appropriations of the 

20 House of Representatives; 

21 (3) the Committee on Environment and Public 

22 Works of the Senate; and 

23 (4) the Committee on Transportation and In24 frastructure of the House of Representatives. 


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1 SEC. 1208. RELINQUISHMENT. 

2 A State transportation agency may relinquish park3 and-ride lot facilities or portions of park-and-ride lot facili4 ties to a local government agency for highway purposes 

5 if authorized to do so under State law. 

6 SEC. 1209. TRANSFER AND SALE OF TOLL CREDITS. 

7 (a) DEFINITIONS.—In this section, the following defi8 nitions apply: 

9 (1) ELIGIBLE STATE.—The term ‘‘eligible 

10 State’’ means a State that— 

11 (A) is eligible to use a credit under section 

12 120(i) of title 23, United States Code; and 

13 (B) has been selected by the Secretary 

14 under subsection (d)(2). 

15 (2) RECIPIENT STATE.—The term ‘‘recipient 

16 State’’ means a State that receives a credit by trans17 fer or by sale under this section from an eligible 

18 State. 

19 (b) ESTABLISHMENT OF PILOT PROGRAM.—Not 

20 later than 1 year after the date of the establishment of 

21 a nationwide toll credit monitoring and tracking system 

22 under subsection (g), the Secretary shall establish and im23 plement a toll credit marketplace pilot program in accord24 ance with this section. 

25 (c) PURPOSES.—The purposes of the pilot program 

26 established under subsection (b) are— 


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1 (1) to identify whether a monetary value can be 

2 assigned to toll credits; 

3 (2) to identify the discounted rate of toll credits 

4 for cash; 

5 (3) to determine if the purchase of toll credits 

6 by States provides the purchasing State budget flexi7 bility to deal with funding issues, including off-sys8 tem needs, transit systems with high operating costs, 

9 or cash flow issues; and 

10 (4) to test the feasibility of expanding the toll 

11 credit market to allow all States to participate on a 

12 permanent basis. 

13 (d) SELECTION OF ELIGIBLE STATES.— 

14 (1) APPLICATION TO SECRETARY.—In order to 

15 participate in the pilot program established under 

16 subsection (b), a State shall submit to the Secretary 

17 an application at such time, in such manner, and 

18 containing such information as the Secretary may 

19 require. 

20 (2) SELECTION.—Of the States that submit an 

21 application under paragraph (1), the Secretary may 

22 select not more than 10 States to be designated as 

23 an eligible State. 

24 (e) TRANSFER OR SALE OF CREDITS.— 


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1 (1) IN GENERAL.—In carrying out the pilot 

2 program established under subsection (b), the Sec3 retary shall provide that an eligible State may trans4 fer or sell to a recipient State a credit not used by 

5 the eligible State under section 120(i) of title 23, 

6 United States Code. 

7 (2) USE OF CREDITS BY TRANSFEREE OR PUR8 CHASER.—A recipient State may use a credit re9 ceived under paragraph (1) toward the non-Federal 

10 share requirement for any funds made available to 

11 carry out title 23 or chapter 53 of title 49, United 

12 States Code. 

13 (3) CONDITION ON TRANSFER OR SALE OF

14 CREDITS.—To receive a credit under paragraph (1), 

15 a recipient State shall enter into an agreement with 

16 the Secretary described in section 120(i) of title 23, 

17 United States Code. 

18 (f) USE OF PROCEEDS FROM SALE OF CREDITS.— 

19 An eligible State shall use the proceeds from the sale of 

20 a credit under subsection (e)(1) for any project in the eli21 gible State that is eligible under the surface transportation 

22 program established under section 133 of title 23, United 

23 States Code. 

24 (g) TOLL CREDIT MONITORING AND TRACKING.— 

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1 tion, the Secretary shall establish a nationwide toll credit 

2 monitoring and tracking system that functions as a real3 time database on the inventory and use of toll credits 

4 among all States (as defined in section 101(a) of title 23, 

5 United States Code). 

6 (h) NOTIFICATION.—Not later than 30 days after the 

7 date on which a credit is transferred or sold under sub8 section (e)(1), the eligible State shall submit to the Sec9 retary in writing a notification of the transfer or sale. 

10 (i) REPORTING REQUIREMENTS.— 

11 (1) INITIAL REPORT.—Not later than 180 days 

12 after the date of establishment of the pilot program 

13 under subsection (b), the Secretary shall submit to 

14 the Committee on Environment and Public Works of 

15 the Senate and the Committee on Transportation 

16 and Infrastructure of the House of Representatives 

17 a report on the progress of the pilot program. 

18 (2) STATE REPORT.— 

19 (A) REPORT BY ELIGIBLE STATE.—Not 

20 later than 30 days after a purchase or sale 

21 under subsection (e)(1), an eligible State shall 

22 submit to the Secretary a report that de23 scribes— 

24 (i) information on the transaction; 


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1 (ii) the amount of cash received and 

2 the value of toll credits sold; 

3 (iii) the intended use of the cash; and 

4 (iv) an update on the remaining toll 

5 credit balance of the State. 

6 (B) REPORT BY RECIPIENT STATE.—Not 

7 later than 30 days after a purchase or sale 

8 under subsection (e)(1), a recipient State shall 

9 submit to the Secretary a report that de10 scribes— 

11 (i) the value of toll credits purchased; 

12 (ii) the anticipated use of the toll 

13 credits; and 

14 (iii) plans for maintaining mainte15 nance of effort for spending on Federal-aid 

16 highways projects. 

17 (3) ANNUAL REPORT.—Not later than 1 year 

18 after the date on which the pilot program under sub19 section (b) is established and each year thereafter 

20 that the pilot program is in effect, the Secretary 

21 shall— 

22 (A) submit to the Committee on Environ23 ment and Public Works of the Senate and the 

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1 ture of the House of Representatives a report 

2 that— 

3 (i) determines whether a toll credit 

4 marketplace is viable; 

5 (ii) describes the buying and selling 

6 activities of the pilot program; 

7 (iii) describes the monetary value of 

8 toll credits; 

9 (iv) determines whether the pilot pro10 gram could be expanded to more States or 

11 all States; and 

12 (v) provides updated information on 

13 the toll credit balance accumulated by each 

14 State; and 

15 (B) make the report described in subpara16 graph (A) publicly available on the website of 

17 the Department. 

18 (j) TERMINATION.—The Secretary may terminate the 

19 program established under this section or the participation 

20 of any State in the program if the Secretary determines 

21 that the program is not serving a public benefit. 

22 SEC. 1210. REGIONAL INFRASTRUCTURE ACCELERATOR 

23 DEMONSTRATION PROGRAM. 

24 (a) IN GENERAL.—The Secretary shall establish a re25 gional infrastructure demonstration program (referred to 


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1 in this section as the ‘‘program’’) to assist entities in de2 veloping improved infrastructure priorities and financing 

3 strategies for the accelerated development of a project that 

4 is eligible for funding under the TIFIA program under 

5 chapter 6 of title 23, United States Code. 

6 (b) DESIGNATION OF REGIONAL INFRASTRUCTURE

7 ACCELERATORS.—In carrying out the program, the Sec8 retary may designate regional infrastructure accelerators 

9 that will— 

10 (1) serve a defined geographic area; and 

11 (2) act as a resource in the geographic area to 

12 qualified entities in accordance with this section. 

13 (c) APPLICATION.—To be eligible for a designation 

14 under subsection (b), a proposed regional infrastructure 

15 accelerator shall submit to the Secretary a proposal at 

16 such time, in such manner, and containing such informa17 tion as the Secretary may require. 

18 (d) CRITERIA.—In evaluating a proposal submitted 

19 under subsection (c), the Secretary shall consider— 

20 (1) the need for geographic diversity among re21 gional infrastructure accelerators; and 

22 (2) the ability of the proposal to promote in23 vestment in covered infrastructure projects, which 

24 shall include a plan— 


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1 (A) to evaluate and promote innovative fi2 nancing methods for local projects, including 

3 the use of the TIFIA program under chapter 6 

4 of title 23, United States Code; 

5 (B) to build capacity of State, local, and 

6 tribal governments to evaluate and structure 

7 projects involving the investment of private cap8 ital; 

9 (C) to provide technical assistance and in10 formation on best practices with respect to fi11 nancing the projects; 

12 (D) to increase transparency with respect 

13 to infrastructure project analysis and using in14 novative financing for public infrastructure 

15 projects; 

16 (E) to deploy predevelopment capital pro17 grams designed to facilitate the creation of a 

18 pipeline of infrastructure projects available for 

19 investment; 

20 (F) to bundle smaller-scale and rural 

21 projects into larger proposals that may be more 

22 attractive for investment; and 

23 (G) to reduce transaction costs for public 

24 project sponsors. 


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1 (e) ANNUAL REPORT.—Not less frequently than once 

2 each year, the Secretary shall submit to Congress a report 

3 that describes the findings and effectiveness of the pro4 gram. 

5 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out the program 

7 $12,000,000, of which the Secretary shall use— 

8 (1) $11,750,000 for initial grants to regional 

9 infrastructure accelerators under subsection (b), to 

10 be expended not later than 270 days after the date 

11 of enactment of this Act; and 

12 (2) $250,000 for administrative costs of car13 rying out the program. 

14 TITLE II—TRANSPORTATION 

15 INNOVATION 

16 Subtitle A—Research 

17 SEC. 2001. RESEARCH, TECHNOLOGY, AND EDUCATION. 

18 (a) HIGHWAY RESEARCH AND DEVELOPMENT PRO19 GRAM.—Section 503(b)(3) of title 23, United States Code, 

20 is amended— 

21 (1) in subparagraph (C)— 

22 (A) in clause (xviii), by striking ‘‘and’’ at 

23 the end; 

24 (B) in clause (xix), by striking the period 

25 at the end and inserting ‘‘; and’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(xx) accelerated mobile, highway3 speed, bridge inspection methods that pro4 vide quantitative data-driven decision5 making capabilities without requiring lane 

6 closures.’’; and 

7 (2) in subparagraph (D)(i), by inserting ‘‘and 

8 section 119(e)’’ after ‘‘this subparagraph’’. 

9 (b) TECHNOLOGY AND INNOVATION DEPLOYMENT

10 PROGRAM.—Section 503(c) of title 23, United States 

11 Code, is amended— 

12 (1) in paragraph (1), in the matter preceding 

13 subparagraph (A), by striking ‘‘carry out’’ and in14 serting ‘‘establish and implement’’; 

15 (2) in paragraph (2)— 

16 (A) in subparagraph (B), by striking 

17 clause (i) and inserting the following: 

18 ‘‘(i) use not less than 50 percent of 

19 the funds authorized to carry out this sub20 section to make grants to, and enter into 

21 cooperative agreements and contracts with, 

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1 zations to carry out demonstration pro2 grams that will accelerate the deployment 

3 and adoption of transportation research 

4 activities;’’; 

5 (B) by redesignating subparagraph (C) as 

6 subparagraph (D); and 

7 (C) by inserting after subparagraph (B) 

8 the following: 

9 ‘‘(C) INNOVATION GRANTS.— 

10 ‘‘(i) IN GENERAL.—In carrying out 

11 the program established under subpara12 graph (B)(i), the Secretary shall establish 

13 a transparent competitive process in which 

14 entities described in subparagraph (B)(i) 

15 may submit an application to receive a 

16 grant under this subsection. 

17 ‘‘(ii) PUBLICATION OF APPLICATION

18 PROCESS.—A description of the application 

19 process established by the Secretary 

20 shall— 

21 ‘‘(I) be posted on a public 

22 website; 

23 ‘‘(II) identify the information re24 quired to be included in the applica25 tion; and 


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1 ‘‘(III) identify the criteria by 

2 which the Secretary shall select grant 

3 recipients. 

4 ‘‘(iii) SUBMISSION OF APPLICATION.— 

5 To receive a grant under this paragraph, 

6 an entity described in subparagraph (B)(i) 

7 shall submit an application to the Sec8 retary. 

9 ‘‘(iv) SELECTION AND APPROVAL.— 

10 The Secretary shall select and approve an 

11 application submitted under clause (iii) 

12 based on whether the project described in 

13 the application meets the goals of the pro14 gram described in paragraph (1).’’; and 

15 (3) in paragraph (3)(C), by striking ‘‘each of 

16 fiscal years 2013 through 2014’’ and inserting ‘‘each 

17 fiscal year’’. 

18 (c) CONFORMING AMENDMENT.—Section 505(c)(1) 

19 of title 23, United States Code, is amended by striking 

20 ‘‘section 503(c)(2)(C)’’ and inserting ‘‘section 503 

21 (c)(2)(D)’’. 

22 SEC. 2002. INTELLIGENT TRANSPORTATION SYSTEMS. 

23 (a) INTELLIGENT TRANSPORTATION SYSTEMS DE24 PLOYMENT.—Section 513 of title 23, United States Code, 

25 is amended by adding at the end the following: 


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1 ‘‘(d) SYSTEM OPERATIONS AND ITS DEPLOYMENT

2 GRANT PROGRAM.— 

3 ‘‘(1) ESTABLISHMENT.—The Secretary shall es4 tablish a competitive grant program to accelerate the 

5 deployment, operation, systems management, inter6 modal integration, and interoperability of the ITS 

7 program and ITS-enabled operational strategies— 

8 ‘‘(A) to measure and improve the perform9 ance of the surface transportation system; 

10 ‘‘(B) to reduce traffic congestion and the 

11 economic and environmental impacts of traffic 

12 congestion; 

13 ‘‘(C) to minimize fatalities and injuries; 

14 ‘‘(D) to enhance mobility of people and 

15 goods; 

16 ‘‘(E) to improve traveler information and 

17 services; and 

18 ‘‘(F) to optimize existing roadway capacity. 

19 ‘‘(2) APPLICATION.—To be eligible for a grant 

20 under this subsection, an eligible entity shall submit 

21 an application to the Secretary that includes— 

22 ‘‘(A) a plan to deploy and provide for the 

23 long-term operation and maintenance of intel24 ligent transportation systems to improve safety, 


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1 efficiency, system performance, and return on 

2 investment, such as— 

3 ‘‘(i) autonomous vehicle, vehicle-to-ve4 hicle, and vehicle-to-infrastructure commu5 nication technologies; 

6 ‘‘(ii) real-time integrated traffic, tran7 sit, and multimodal transportation infor8 mation; 

9 ‘‘(iii) advanced traffic, freight, park10 ing, and incident management systems; 

11 ‘‘(iv) advanced technologies to improve 

12 transit and commercial vehicle operations; 

13 ‘‘(v) synchronized, adaptive, and tran14 sit preferential traffic signals; 

15 ‘‘(vi) advanced infrastructure condi16 tion assessment technologies; and 

17 ‘‘(vii) other technologies to improve 

18 system operations, including ITS applica19 tions necessary for multimodal systems in20 tegration and for achieving performance 

21 goals; 

22 ‘‘(B) quantifiable system performance im23 provements, including— 

24 ‘‘(i) reductions in traffic-related 

25 crashes, congestion, and costs; 


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1 ‘‘(ii) optimization of system efficiency; 

2 and 

3 ‘‘(iii) improvement of access to trans4 portation services; 

5 ‘‘(C) quantifiable safety, mobility, and en6 vironmental benefit projections, including data7 driven estimates of the manner in which the 

8 project will improve the efficiency of the trans9 portation system and reduce traffic congestion 

10 in the region; 

11 ‘‘(D) a plan for partnering with the private 

12 sector, including telecommunications industries 

13 and public service utilities, public agencies (in14 cluding multimodal and multijurisdictional enti15 ties), research institutions, organizations rep16 resenting transportation and technology leaders, 

17 and other transportation stakeholders; 

18 ‘‘(E) a plan to leverage and optimize exist19 ing local and regional ITS investments; and 

20 ‘‘(F) a plan to ensure interoperability of 

21 deployed technologies with other tolling, traffic 

22 management, and intelligent transportation sys23 tems. 

24 ‘‘(3) SELECTION.— 


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1 ‘‘(A) IN GENERAL.—Effective beginning 

2 not later than 1 year after the date of enact3 ment of the DRIVE Act, the Secretary may 

4 provide grants to eligible entities under this 

5 subsection. 

6 ‘‘(B) GEOGRAPHIC DIVERSITY.—In award7 ing a grant under this subsection, the Secretary 

8 shall ensure, to the maximum extent prac9 ticable, that grant recipients represent diverse 

10 geographical areas of the United States, includ11 ing urban, suburban, and rural areas. 

12 ‘‘(C) NON-FEDERAL SHARE.—In awarding 

13 a grant under the subsection, the Secretary 

14 shall give priority to grant recipients that dem15 onstrate an ability to contribute a significant 

16 non-Federal share to the cost of carrying out 

17 the project for which the grant is received. 

18 ‘‘(4) ELIGIBLE USES.—Projects for which 

19 grants awarded under this subsection may be used 

20 include— 

21 ‘‘(A) the deployment of autonomous vehi22 cle, vehicle-to-vehicle, and vehicle-to-infrastruc23 ture communication technologies; 


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1 ‘‘(B) the establishment and implementa2 tion of ITS and ITS-enabled operations strate3 gies 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 ‘‘(C) 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 ‘‘(D) 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 ‘‘(E) 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 ‘‘(F) the provision of support for the estab14 lishment and maintenance of institutional rela15 tionships between transportation agencies, po16 lice, emergency medical services, private emer17 gency operators, freight operators, shippers, 

18 public service utilities, and telecommunications 

19 providers; 

20 ‘‘(G) carrying out multimodal and cross-ju21 risdictional planning and deployment of regional 

22 transportation systems operations and manage23 ment approaches; and 

24 ‘‘(H) 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 subsection, not later than 1 year after receiving 

7 the grant, each recipient shall submit to the Sec8 retary a report that describes how the project has 

9 met the expectations projected in the deployment 

10 plan submitted with the application, including infor11 mation on— 

12 ‘‘(A) how the program has helped reduce 

13 traffic crashes, congestion, costs, and other ben14 efits of the deployed systems; 

15 ‘‘(B) the effect of measuring and improv16 ing transportation system performance through 

17 the deployment of advanced technologies; 

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 the date on which the first grant is 

5 awarded under this subsection and annually there6 after for each fiscal year for which grants are 

7 awarded under this subsection, the Secretary shall 

8 submit to Congress a report that describes the effec9 tiveness of the grant recipients in meeting the pro10 jected deployment plan goals, including data on how 

11 the grant program 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 the cost of a project for which a grant is 

17 provided under this subsection shall not exceed 50 

18 percent of the cost of the project. 

19 ‘‘(9) FUNDING.—Of the funds made available 

20 each fiscal year to carry out the intelligent transpor21 tation system program under sections 512 through 

22 518, not less than $30,000,000 shall be used to 

23 carry out this subsection.’’. 


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1 (b) INTELLIGENT TRANSPORTATION SYSTEMS GOALS

2 AND PURPOSES.—Section 514(a) of title 23, United 

3 States Code, is amended— 

4 (1) in paragraph (4), by striking ‘‘and’’ at the 

5 end; and 

6 (2) by striking paragraph (5) and inserting the 

7 following: 

8 ‘‘(5) improvement of the ability of the United 

9 States to respond to security-related or other man10 made emergencies and natural disasters; and 

11 ‘‘(6) enhancement of the freight system of the 

12 United States and support to freight policy goals by 

13 conducting heavy duty vehicle demonstration activi14 ties and accelerating adoption of ITS applications in 

15 freight operations.’’. 

16 (c) ITS ADVISORY COMMITTEE REPORT.—Section 

17 515(h)(4) of title 23, United States Code, is amended in 

18 the matter preceding subparagraph (A) by striking ‘‘Feb19 ruary 1 of each year after the date of enactment of the 

20 Transportation Research and Innovative Technology Act 

21 of 2012’’ and inserting ‘‘May 1 of each year’’. 

22 SEC. 2003. FUTURE INTERSTATE STUDY. 

23 (a) FINDINGS.—Congress finds that— 

24 (1) a well-developed system of transportation 

25 infrastructure is critical to the economic well-being, 


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1 health, and welfare of the people of the United 

2 States; 

3 (2) the 47,000-mile national Interstate System 

4 is the backbone to that transportation infrastructure 

5 system; and 

6 (3) as of the date of enactment of this Act— 

7 (A) many segments of the approximately 

8 60- year-old Interstate System are well beyond 

9 the 50-year design life of the System and yet 

10 these aging facilities are central to the trans11 portation infrastructure system, carrying 25 

12 percent of the vehicle traffic of the United 

13 States on just 1 percent of the total public 

14 roadway mileage; 

15 (B) the need for ongoing maintenance, 

16 preservation, and reconstruction of the Inter17 state System has grown due to increasing and 

18 changing travel demands; and 

19 (C) simple maintenance of the current con20 dition and configuration of the Interstate Sys21 tem is insufficient for the System to fully serve 

22 the transportation needs of the United States 

23 for the next 50 years. 

24 (b) FUTURE INTERSTATE SYSTEM STUDY.—Not 

25 later than 180 days after the date of enactment of this 


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1 Act, the Secretary shall enter into an agreement with the 

2 Transportation Research Board of the National Acad3 emies to conduct a study on the actions needed to upgrade 

4 and restore the Dwight D. Eisenhower National System 

5 of Interstate and Defense Highways to its role as a pre6 mier system network that meets the growing and shifting 

7 demands of the 21st century and for the next 50 years 

8 (referred to in this section as the ‘‘study’’). 

9 (c) METHODOLOGIES.—In conducting the study, the 

10 Transportation Research Board shall build on the meth11 odologies examined and recommended in the report pre12 pared for the American Association of State Highway and 

13 Transportation Officials entitled ‘‘National Cooperative 

14 Highway Research Program Project 20–24(79): Specifica15 tions for a National Study of the Future 3R, 4R, and Ca16 pacity Needs of the Interstate System’’ and dated Decem17 ber 2013. 

18 (d) RECOMMENDATIONS.—The study— 

19 (1) shall include specific recommendations re20 garding the features, standards, capacity needs, ap21 plication of technologies, and intergovernmental 

22 roles to upgrade the Interstate System, including 

23 any revisions to law (including regulations) that the 

24 Transportation Research Board determines appro25 priate to achieve the goals; and 


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1 (2) is encouraged to build on the robust institu2 tional knowledge in the highway industry in applying 

3 the techniques involved in implementing the study. 

4 (e) CONSIDERATIONS.—In carrying out the study, the 

5 Transportation Research Board shall determine the need 

6 for reconstruction and improvement of the Interstate Sys7 tem by considering— 

8 (1) future demands on transportation infra9 structure determined for national planning purposes, 

10 including commercial and private traffic flows to 

11 serve future economic activity and growth; 

12 (2) the expected condition of the current Inter13 state System over the next 50 years, including long14 term deterioration and reconstruction needs; 

15 (3) those National Highway System routes that 

16 should be added to the existing Interstate System to 

17 more efficiently serve national traffic flows; 

18 (4) features that would take advantage of tech19 nological capabilities to address modern standards of 

20 construction, maintenance, and operations, for pur21 poses of safety, and system management, taking into 

22 further consideration system performance and cost; 

23 and 

24 (5) the resources necessary to maintain and im25 prove the Interstate System, including the resources 


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1 required to upgrade those National Highway System 

2 routes identified in paragraph (3) to Interstate 

3 standards. 

4 (f) CONSULTATION.—In carrying out the study, the 

5 Transportation Research Board— 

6 (1) shall convene and consult with a panel of 

7 national experts including current and future own8 ers, operators, and users of the Interstate System 

9 and private sector stakeholders; and 

10 (2) is encouraged to consult with— 

11 (A) the Federal Highway Administration; 

12 (B) States; 

13 (C) planning agencies at the metropolitan, 

14 State, and regional levels; 

15 (D) the motor carrier industry; 

16 (E) freight shippers; 

17 (F) highway safety groups; and 

18 (G) other appropriate entities. 

19 (g) REPORT.—Not later than 3 years after the date 

20 of enactment of this Act, the Transportation Research 

21 Board shall submit to the Secretary, the Committee on 

22 Environment and Public Works of the Senate, and the 

23 Committee on Transportation and Infrastructure of the 

24 House of Representatives a report on the results of the 

25 study conducted under this section. 


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1 (h) FUNDING.—From amounts authorized to carry 

2 out the Highway Research and Development Program, the 

3 Secretary shall use up to $5,000,000 for fiscal year 2016 

4 to carry out this section. 

5 SEC. 2004. RESEARCHING SURFACE TRANSPORTATION SYS6 TEM FUNDING ALTERNATIVES. 

7 (a) IN GENERAL.—The Secretary shall promote the 

8 research of user-based alternative revenue mechanisms 

9 that preserve a user fee structure to maintain the long10 term solvency of the Highway Trust Fund. 

11 (b) OBJECTIVES.—The objectives of the research de12 scribed in subsection (a) shall be— 

13 (1) to study uncertainties relating to the design, 

14 acceptance, and implementation of 2 or more future 

15 user-based alternative revenue mechanisms; 

16 (2) to define the functionality of those user17 based alternative revenue mechanisms; 

18 (3) to conduct or promote research activities to 

19 demonstrate and test those user-based alternative 

20 revenue mechanisms, including by conducting field 

21 trials, by partnering with individual States, groups 

22 of States, or other appropriate entities to conduct 

23 the research activities; 

24 (4) to conduct outreach to increase public 

25 awareness regarding the need for alternative funding 


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1 sources for surface transportation programs and 

2 provide information on possible approaches; 

3 (5) to provide recommendations regarding 

4 adoption and implementation of those user-based al5 ternative revenue mechanisms; and 

6 (6) to minimize the administrative cost of any 

7 potential user-based alternative revenue mechanisms. 

8 (c) GRANTS.—The Secretary shall provide grants to 

9 individual States, groups of States, or other appropriate 

10 entities to conduct research that addresses— 

11 (1) the implementation, interoperability, public 

12 acceptance, and other potential hurdles to the adop13 tion of a user-based alternative revenue mechanism; 

14 (2) the protection of personal privacy; 

15 (3) the use of independent and private third16 party vendors to collect fees and operate the user17 based alternative revenue mechanism; 

18 (4) equity concerns, including the impacts of 

19 the user-based alternative revenue mechanism on 

20 differing income groups, various geographic areas, 

21 and the relative burdens on rural and urban drivers; 

22 (5) ease of compliance for different users of the 

23 transportation system; 


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1 (6) the reliability and security of technology 

2 used to implement the user-based alternative rev3 enue mechanism; 

4 (7) the flexibility and choices of user-based al5 ternative revenue mechanisms, including the ability 

6 of users to select from various technology and pay7 ment options; 

8 (8) the cost of administering the user-based al9 ternative revenue mechanism; and 

10 (9) the ability of the administering entity to 

11 audit and enforce user compliance. 

12 (d) ADVISORY COUNCIL.— 

13 (1) IN GENERAL.—Not later than 1 year after 

14 the date of enactment of this Act, the Secretary, in 

15 consultation with the Secretary of the Treasury, 

16 shall establish and lead a Surface Transportation 

17 Revenue Alternatives Advisory Council (referred to 

18 in this subsection as the ‘‘Council’’) to inform the 

19 selection and evaluation of user-based alternative 

20 revenue mechanisms. 

21 (2) MEMBERSHIP.— 

22 (A) IN GENERAL.—The members of the 

23 Council shall— 

24 (i) be appointed by the Secretary; and 

25 (ii) include, at a minimum— 


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1 (I) representatives with experi2 ence in user-based alternative revenue 

3 mechanisms, of which— 

4 (aa) not fewer than 1 shall 

5 be from the Department; 

6 (bb) not fewer than 1 shall 

7 be from the Department of the 

8 Treasury; and 

9 (cc) not fewer than 2 shall 

10 be from State departments of 

11 transportation; 

12 (II) representatives from applica13 ble users of the surface transportation 

14 system; and 

15 (III) appropriate technology and 

16 public privacy experts. 

17 (B) GEOGRAPHIC CONSIDERATIONS.—The 

18 Secretary shall consider geographic diversity 

19 when selecting members under this paragraph. 

20 (3) FUNCTIONS.—Not later than 1 year after 

21 the date on which the Council is established, the 

22 Council shall, at a minimum— 

23 (A) define the functionality of 2 or more 

24 user-based alternative revenue mechanisms; 


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1 (B) identify technological, administrative, 

2 institutional, privacy, and other issues that— 

3 (i) are associated with the user-based 

4 alternative revenue mechanisms; and 

5 (ii) may be researched through re6 search activities; 

7 (C) conduct public outreach to identify and 

8 assess questions and concerns about the user9 based alternative revenue mechanisms for fu10 ture evaluation through research activities; and 

11 (D) provide recommendations to the Sec12 retary on the process and criteria used for se13 lecting research activities under subsection (c). 

14 (4) EVALUATIONS.—The Council shall conduct 

15 periodic evaluations of the research activities that 

16 have received assistance from the Secretary under 

17 this section. 

18 (5) APPLICABILITY OF FEDERAL ADVISORY

19 COMMITTEE ACT.—The Council shall not be subject 

20 to the Federal Advisory Committee Act (5 U.S.C. 

21 App.). 

22 (e) BIENNIAL REPORTS.—Not later than 2 years 

23 after the date of enactment of this Act, and every 2 years 

24 thereafter until the completion of the research activities 

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1 retary of the Treasury, the Committee on Finance and the 

2 Committee on Environment and Public Works of the Sen3 ate, and the Committee on Ways and Means and the Com4 mittee on Transportation and Infrastructure of the House 

5 of Representatives a report describing the progress of the 

6 research activities. 

7 (f) FINAL REPORT.—On the completion of the re8 search activities under this section, the Secretary and the 

9 Secretary of the Treasury, acting jointly, shall submit to 

10 the Committee on Finance and the Committee on Environ11 ment and Public Works of the Senate and the Committee 

12 on Ways and Means and the Committee on Transportation 

13 and Infrastructure of the House of Representatives a re14 port describing the results of the research activities and 

15 any recommendations. 

16 (g) FUNDING.—Of the funds authorized to carry out 

17 section 503(b) of title 23, United States Code— 

18 (1) $15,000,000 shall be used to carry out this 

19 section in fiscal year 2016; and 

20 (2) $20,000,000 shall be used to carry out this 

21 section in each of fiscal years 2017 through 2021. 

22 Subtitle B—Data 

23 SEC. 2101. TRIBAL DATA COLLECTION. 

24 Section 201(c)(6) of title 23, United States Code, is 

25 amended by adding at the end the following: 


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1 ‘‘(C) TRIBAL DATA COLLECTION.—In addi2 tion to the data to be collected under subpara3 graph (A), not later than 90 days after the end 

4 of each fiscal year, any entity carrying out a 

5 project under the tribal transportation program 

6 under section 202 shall submit to the Secretary 

7 and the Secretary of Interior, based on obliga8 tions and expenditures under the tribal trans9 portation program during the preceding fiscal 

10 year, the following data: 

11 ‘‘(i) The names of projects or activi12 ties carried out by the entity under the 

13 tribal transportation program during the 

14 preceding fiscal year. 

15 ‘‘(ii) A description of the projects or 

16 activities identified under clause (i). 

17 ‘‘(iii) The current status of the 

18 projects or activities identified under 

19 clause (i). 

20 ‘‘(iv) An estimate of the number of 

21 jobs created and the number of jobs re22 tained by the projects or activities identi23 fied under clause (i).’’. 


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1 SEC. 2102. PERFORMANCE MANAGEMENT DATA SUPPORT 

2 PROGRAM. 

3 (a) PERFORMANCE MANAGEMENT DATA SUPPORT.— 

4 The Administrator of the Federal Highway Administra5 tion shall develop, use, and maintain data sets and data 

6 analysis tools to assist metropolitan planning organiza7 tions, States, and the Federal Highway Administration in 

8 carrying out performance management analyses (including 

9 the performance management requirements under section 

10 150 of title 23, United States Code). 

11 (b) INCLUSIONS.—The data analysis activities au12 thorized under subsection (a) may include— 

13 (1) collecting and distributing vehicle probe 

14 data describing traffic on Federal-aid highways; 

15 (2) collecting household travel behavior data to 

16 assess local and cross-jurisdictional travel, including 

17 to accommodate external and through travel; 

18 (3) enhancing existing data collection and anal19 ysis tools to accommodate performance measures, 

20 targets, and related data, so as to better understand 

21 trip origin and destination, trip time, and mode; 

22 (4) enhancing existing data analysis tools to im23 prove performance predictions and travel models in 

24 reports described in section 150(e) of title 23, 

25 United States Code; and 

26 (5) developing tools— 


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1 (A) to improve performance analysis; and 

2 (B) to evaluate the effects of project in3 vestments on performance. 

4 (c) FUNDING.—From amounts authorized to carry 

5 out the Highway Research and Development Program, the 

6 Administrator may use up to $10,000,000 for each of fis7 cal years 2016 through 2021 to carry out this section. 

8 Subtitle C—Transparency and Best 

9 Practices 

10 SEC. 2201. EVERY DAY COUNTS INITIATIVE. 

11 (a) IN GENERAL.—It is in the national interest for 

12 the Department, State departments of transportation, and 

13 all other recipients of Federal transportation funds— 

14 (1) to identify, accelerate, and deploy innova15 tion aimed at shortening project delivery, enhancing 

16 the safety of the roadways of the United States, and 

17 protecting the environment; 

18 (2) to ensure that the planning, design, engi19 neering, construction, and financing of transpor20 tation projects is done in an efficient and effective 

21 manner; 

22 (3) to promote the rapid deployment of proven 

23 solutions that provide greater accountability for pub24 lic investments and encourage greater private sector 

25 involvement; and 


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1 (4) to create a culture of innovation within the 

2 highway community. 

3 (b) EVERY DAY COUNTS INITIATIVE.—To advance 

4 the policy described in subsection (a), the Administrator 

5 of the Federal Highway Administration (referred to in this 

6 section as the ‘‘Administrator’’) shall continue the Every 

7 Day Counts initiative to work with States, local transpor8 tation agencies, and industry stakeholders to identify and 

9 deploy proven innovative practices and products that— 

10 (1) accelerate innovation deployment; 

11 (2) shorten the project delivery process; 

12 (3) improve environmental sustainability; 

13 (4) enhance roadway safety; and 

14 (5) reduce congestion. 

15 (c) INNOVATION DEPLOYMENT.— 

16 (1) IN GENERAL.—At least every 2 years, the 

17 Administrator shall work collaboratively with stake18 holders to identify a new collection of innovations, 

19 best practices, and data to be deployed to highway 

20 stakeholders through case studies, webinars, and 

21 demonstration projects. 

22 (2) REQUIREMENTS.—In identifying a collection 

23 described in paragraph (1), the Secretary shall take 

24 into account market readiness, impacts, benefits, 

25 and ease of adoption of the innovation or practice. 


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1 (d) PUBLICATION.—Each collection identified under 

2 subsection (c) shall be published by the Administrator on 

3 a publicly available website. 

4 SEC. 2202. DEPARTMENT OF TRANSPORTATION PERFORM5 ANCE MEASURES. 

6 (a) PERFORMANCE MEASURES.—Not later than 1 

7 year after the date of enactment of this Act, the Secretary, 

8 in coordination with the heads of other Federal agencies 

9 with responsibility for the review and approval of projects 

10 funded under title 23, United States Code, shall measure 

11 and report on— 

12 (1) the progress made toward aligning Federal 

13 reviews of projects funded under title 23, United 

14 States Code, and the improvement of project delivery 

15 associated with those projects; and 

16 (2) as applicable, the effectiveness of the De17 partment in achieving the goals described in section 

18 150(b) of title 23, United States Code, through dis19 cretionary programs. 

20 (b) REPORT.—Not later than 2 years after the date 

21 of enactment of this Act and biennially thereafter, the Sec22 retary shall submit to the Committee on Environment and 

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1 tives a report describing the results of the evaluation con2 ducted under subsection (a). 

3 (c) INSPECTOR GENERAL REPORT.—Not later than 

4 3 years after the date of enactment of this Act, the Inspec5 tor General of the Department shall submit to the Com6 mittee on Environment and Public Works of the Senate 

7 and the Committee on Transportation and Infrastructure 

8 of the House of Representatives a report describing the 

9 results of the evaluation conducted under subsection (a). 

10 SEC. 2203. GRANT PROGRAM FOR ACHIEVEMENT IN TRANS11 PORTATION FOR PERFORMANCE AND INNO12 VATION. 

13 (a) DEFINITIONS.—In this section: 

14 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti15 ty’’ includes— 

16 (A) a State; 

17 (B) a unit of local government; 

18 (C) a tribal organization (as defined in sec19 tion 4 of the Indian Self-Determination and 

20 Education Assistance Act (25 U.S.C. 450b)); 

21 and 

22 (D) a metropolitan planning organization. 

23 (2) STATE.—The term ‘‘State’’ means— 

24 (A) a State; 

25 (B) the District of Columbia; 


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1 (C) the Commonwealth of Puerto Rico; 

2 and 

3 (D) any other territory (as defined in sec4 tion 165(c)(1) of title 23, United States Code). 

5 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

6 shall establish a competitive grant program to reward— 

7 (1) achievement in transportation performance 

8 management; and 

9 (2) the implementation of strategies that 

10 achieve innovation and efficiency in surface trans11 portation. 

12 (c) PURPOSE.—The purpose of the program under 

13 this section shall be to reward entities for the implementa14 tion of policies and procedures that— 

15 (1) support performance-based management of 

16 the surface transportation system and improve 

17 transportation outcomes; or 

18 (2) use innovative technologies and practices 

19 that improve the efficiency and performance of the 

20 surface transportation system. 

21 (d) APPLICATION.— 

22 (1) IN GENERAL.—An eligible entity may sub23 mit to the Secretary an application for a grant 

24 under this section. 


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1 (2) CONTENTS.—An application under para2 graph (1) shall indicate the means by which the eli3 gible entity has met the requirements and purpose 

4 of the program under this section, including by— 

5 (A) establishing, and making progress to6 ward achieving, performance targets that exceed 

7 the requirements of title 23, United States 

8 Code; 

9 (B) using innovative techniques and prac10 tices that enhance the effective movement of 

11 people, goods, and services, such as technologies 

12 that reduce construction time, improve oper13 ational efficiencies, and extend the service life 

14 of highways and bridges; and 

15 (C) employing transportation planning 

16 tools and procedures that improve transparency 

17 and the development of transportation invest18 ment strategies within the jurisdiction of the el19 igible entity. 

20 (e) EVALUATION CRITERIA.—In awarding a grant 

21 under this section, the Secretary shall take into consider22 ation the extent to which the application of the applicable 

23 eligible entity under subsection (d)— 

24 (1) demonstrates performance in meeting the 

25 requirements of subsection (c); and 


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1 (2) promotes the national goals described in 

2 section 150(b) of title 23, United States Code. 

3 (f) ELIGIBLE ACTIVITIES.—Amounts made available 

4 to carry out this section shall be used for projects eligible 

5 for funding under— 

6 (1) title 23, United States Code; or 

7 (2) chapter 53 of title 49, United States Code. 

8 (g) LIMITATION.—The amount of a grant under this 

9 section shall be not more than $15,000,000. 

10 (h) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) IN GENERAL.—There is authorized to be 

12 appropriated out of the general fund of the Treasury 

13 to carry out this section $150,000,000 for each of 

14 fiscal years 2016 through 2021, to remain available 

15 until expended. 

16 (2) ADMINISTRATIVE COSTS.—The Secretary 

17 shall withhold a reasonable amount of funds made 

18 available under paragraph (1) for administration of 

19 the program under this section, not to exceed 3 per20 cent of the amount appropriated for each applicable 

21 fiscal year. 

22 (i) APPLICABILITY OF REQUIREMENTS.—Amounts 

23 made available under this section shall be administered as 

24 if the funds were apportioned under chapter 1 of title 23, 

25 United States Code. 


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1 SEC. 2204. HIGHWAY TRUST FUND TRANSPARENCY AND AC2 COUNTABILITY. 

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

4 States Code, is amended by striking subsection (g) and 

5 inserting the following: 

6 ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND

7 ACCOUNTABILITY REPORT.— 

8 ‘‘(1) PUBLICLY AVAILABLE REPORT.—Not later 

9 than 180 days after the date of enactment of the 

10 DRIVE Act and quarterly thereafter, the Secretary 

11 shall compile data in accordance with this subsection 

12 on the use of Federal-aid highway program funds 

13 made available under this title. 

14 ‘‘(2) REQUIREMENTS.—The Secretary shall en15 sure that the reports required under this subsection 

16 are made available in a user-friendly manner on the 

17 public website of the Department of Transportation 

18 and can be searched and downloaded by users of the 

19 website. 

20 ‘‘(3) CONTENTS OF REPORT.— 

21 ‘‘(A) APPORTIONED AND ALLOCATED PRO22 GRAMS.—For each fiscal year, the report shall 

23 include comprehensive data for each program, 

24 organized by State, that includes— 

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1 gated balance of funds available at the end 

2 of the preceding fiscal year and new fund3 ing available for the current fiscal year; 

4 ‘‘(ii) the total amount of funding obli5 gated during the current fiscal year; 

6 ‘‘(iii) the remaining amount of funds 

7 available for obligation; 

8 ‘‘(iv) changes in the obligated, unex9 pended balance during the current fiscal 

10 year, including the obligated, unexpended 

11 balance at the end of the preceding fiscal 

12 year and current fiscal year expenditures; 

13 and 

14 ‘‘(v) the percentage of the total 

15 amount of obligations for the current fiscal 

16 year used for construction and the total 

17 amount obligated during the current fiscal 

18 year for rehabilitation. 

19 ‘‘(B) PROJECT DATA.—To the maximum 

20 extent practicable, the report shall include 

21 project-specific data, including data describ22 ing— 

23 ‘‘(i) the specific location of a project; 

24 ‘‘(ii) whether the project is located in 

25 an area of the State with a population of— 


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1 ‘‘(I) less than 5,000 individuals; 

2 ‘‘(II) 5,000 or more individuals 

3 but less than 50,000 individuals; or 

4 ‘‘(III) 50,000 or more individ5 uals; 

6 ‘‘(iii) the total cost of the project; 

7 ‘‘(iv) the amount of Federal funding 

8 being used on the project; 

9 ‘‘(v) the 1 or more programs from 

10 which Federal funds are obligated on the 

11 project; 

12 ‘‘(vi) the type of improvement being 

13 made, such as categorizing the project 

14 as— 

15 ‘‘(I) a road reconstruction 

16 project; 

17 ‘‘(II) a new road construction 

18 project; 

19 ‘‘(III) a new bridge construction 

20 project; 

21 ‘‘(IV) a bridge rehabilitation 

22 project; or 

23 ‘‘(V) a bridge replacement 

24 project; and 


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1 ‘‘(vii) the ownership of the highway or 

2 bridge. 

3 ‘‘(C) TRANSFERS BETWEEN PROGRAMS.— 

4 The report shall include a description of the 

5 amount of funds transferred between programs 

6 by each State under section 126.’’. 

7 (b) CONFORMING AMENDMENT.—Section 1503 of 

8 MAP–21 (23 U.S.C. 104 note; Public Law 112–141) is 

9 amended by striking subsection (c). 

10 SEC. 2205. REPORT ON HIGHWAY TRUST FUND ADMINIS11 TRATIVE EXPENDITURES. 

12 (a) INITIAL REPORT.—Not later than 150 days after 

13 the date of enactment of this Act, the Comptroller General 

14 of the United States shall submit to Congress a report 

15 describing the administrative expenses of the Federal 

16 Highway Administration funded from the Highway Trust 

17 Fund during the 3 most recent fiscal years. 

18 (b) UPDATES.—Not later than 5 years after the date 

19 on which the report is submitted under subsection (a) and 

20 every 5 years thereafter, the Comptroller General shall 

21 submit to Congress a report that updates the information 

22 provided in the report under that subsection for the pre23 ceding 5-year period. 

24 (c) INCLUSIONS.—Each report submitted under sub25 section (a) or (b) shall include a description of the— 


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1 (1) types of administrative expenses of pro2 grams and offices funded by the Highway Trust 

3 Fund; 

4 (2) tracking and monitoring of administrative 

5 expenses; 

6 (3) controls in place to ensure that funding for 

7 administrative expenses is used as efficiently as 

8 practicable; and 

9 (4) flexibility of the Department to reallocate 

10 amounts from the Highway Trust Fund between 

11 full-time equivalent employees and other functions. 

12 SEC. 2206. AVAILABILITY OF REPORTS. 

13 (a) IN GENERAL.—The Secretary shall make avail14 able to the public on the website of the Department any 

15 report required to be submitted by the Secretary to Con16 gress after the date of enactment of this Act. 

17 (b) DEADLINE.—Each report described in subsection 

18 (a) shall be made available on the website not later than 

19 30 days after the report is submitted to Congress. 

20 SEC. 2207. PERFORMANCE PERIOD ADJUSTMENT. 

21 (a) NATIONAL HIGHWAY PERFORMANCE PRO22 GRAM.—Section 119 of title 23, United States Code, is 

23 amended— 

24 (1) in subsection (e)(7), by striking ‘‘for 2 con25 secutive reports submitted under this paragraph 


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1 shall include in the next report submitted’’ and in2 serting ‘‘shall include as part of the performance 

3 target report under section 150(e)’’; and 

4 (2) in subsection (f)(1)(A), by striking ‘‘If, dur5 ing 2 consecutive reporting periods, the condition of 

6 the Interstate System, excluding bridges on the 

7 Interstate System, in a State falls’’ and inserting ‘‘If 

8 a State reports that the condition of the Interstate 

9 System, excluding bridges on the Interstate System, 

10 has fallen’’. 

11 (b) HIGHWAY SAFETY IMPROVEMENT PROGRAM.— 

12 Section 148(i) of title 23, United States Code, is amend13 ed— 

14 (1) in the matter preceding paragraph (1), by 

15 striking ‘‘performance targets of the State estab16 lished under section 150(d) by the date that is 2 

17 years after the date of the establishment of the per18 formance targets’’ and inserting ‘‘safety performance 

19 targets of the State established under section 

20 150(d)’’; and 

21 (2) in paragraphs (1) and (2), by inserting 

22 ‘‘safety’’ before ‘‘performance targets’’ each place it 

23 appears. 


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1 SEC. 2208. DESIGN STANDARDS. 

2 (a) IN GENERAL.—Section 109 of title 23, United 

3 States Code, is amended— 

4 (1) in subsection (c)— 

5 (A) in paragraph (1), in the matter pre6 ceding subparagraph (A), by striking ‘‘may take 

7 into account’’ and inserting ‘‘shall consider’’; 

8 and 

9 (A) in paragraph (1)— 

10 (i) in the matter preceding subpara11 graph (A), by striking ‘‘may take into ac12 count’’ and inserting ‘‘shall consider’’; and 

13 (ii) in subparagraph (C), by striking 

14 ‘‘access for’’ and inserting ‘‘access and safe15 ty for’’; and 

16 (B) in paragraph (2)— 

17 (i) in subparagraph (C), by striking 

18 ‘‘and’’ at the end; 

19 (ii) by redesignating subparagraph 

20 (D) as subparagraph (F); and 

21 (iii) by inserting after subparagraph 

22 (C) the following: 

23 ‘‘(D) the publication entitled ‘Highway 

24 Safety Manual’ of the American Association of 

25 State Highway and Transportation Officials; 


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1 ‘‘(E) the publication entitled ‘Urban Street 

2 Design Guide’ of the National Association of 

3 City Transportation Officials; and’’; and 

4 (2) in subsection (f), by inserting ‘‘pedestrian 

5 walkways,’’ after ‘‘bikeways,’’. 

6 (b) DESIGN STANDARD FLEXIBILITY.—Notwith7 standing section 109(o) of title 23, United States Code, 

8 a local jurisdiction may use a roadway design guide that 

9 is different from the roadway design guide used by the 

10 State in which the local jurisdiction is located for the de11 sign of projects on all roadways under the ownership of 

12 the local jurisdiction (other than a highway on the Inter13 state System) if— 

14 (1) the local jurisdiction is the project sponsor; 

15 (2) the roadway design guide— 

16 (A) is recognized by the Federal Highway 

17 Administration; and 

18 (B) is adopted by the local jurisdiction; 

19 and 

20 (3) the design complies with all other applicable 

21 Federal laws. 


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1 TITLE III—TRANSPORTATION IN2 FRASTRUCTURE FINANCE 

3 AND INNOVATION ACT OF 

4 1998 AMENDMENTS 

5 SEC. 3001. TRANSPORTATION INFRASTRUCTURE FINANCE 

6 AND INNOVATION ACT OF 1998 AMENDMENTS. 

7 (a) DEFINITIONS.—Section 601(a) of title 23, United 

8 States Code, is amended— 

9 (1) in the matter preceding paragraph (1)— 

10 (A) by striking ‘‘In this chapter, the’’ and 

11 inserting ‘‘The’’; and 

12 (B) by inserting ‘‘to sections 601 through 

13 609’’ after ‘‘apply’’; 

14 (2) in paragraph (2)— 

15 (A) in subparagraph (B), by striking 

16 ‘‘and’’ at the end; 

17 (B) in subparagraph (C), by striking the 

18 period at the end and inserting ‘‘; and’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(D) capitalizing a rural projects fund 

21 using the proceeds of a secured loan made to a 

22 State infrastructure bank in accordance with 

23 sections 602 and 603, for the purpose of mak24 ing loans to sponsors of rural infrastructure 

25 projects in accordance with section 610.’’; 


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1 (3) in paragraph (3), by striking ‘‘this chapter’’ 

2 and inserting ‘‘the TIFIA program’’; 

3 (4) in paragraph (10)— 

4 (A) in the matter preceding subparagraph 

5 (A)— 

6 (i) by inserting ‘‘related’’ before 

7 ‘‘projects’’; and 

8 (ii) by striking ‘‘(which shall receive 

9 an investment grade rating from a rating 

10 agency)’’; 

11 (B) in subparagraph (A), by striking ‘‘sub12 ject to the availability of future funds being 

13 made available to carry out this chapter;’’ and 

14 inserting ‘‘subject to— 

15 ‘‘(i) the availability of future funds 

16 being made available to carry out the 

17 TIFIA program; and 

18 ‘‘(ii) the satisfaction of all of the con19 ditions for the provision of credit assist20 ance under the TIFIA program, including 

21 section 603(b)(1);’’; and 

22 (C) in subparagraph (D)— 

23 (i) by redesignating clauses (ii) and 

24 (iii) as clauses (iii) and (iv), respectively; 


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1 (ii) by inserting after clause (i) the 

2 following: 

3 ‘‘(ii) receiving an investment grade 

4 rating from a rating agency;’’; 

5 (iii) in clause (iii) (as so redesig6 nated), by striking ‘‘section 602(c)’’ and 

7 inserting ‘‘including sections 602(c) and 

8 603(b)(1)’’; and 

9 (iv) in clause (iv) (as so redesignated), 

10 by striking ‘‘this chapter’’ and inserting 

11 ‘‘the TIFIA program’’; 

12 (5) in paragraph (12)— 

13 (A) in subparagraph (D)(iv), by striking 

14 the period at the end and inserting ‘‘; and’’; 

15 and 

16 (B) by adding at the end the following: 

17 ‘‘(E) a project to improve or construct 

18 public infrastructure that is located within 

19 walking distance of, and accessible to, a fixed 

20 guideway transit facility, passenger rail station, 

21 intercity bus station, or intermodal facility, in22 cluding a transportation, public utility, and cap23 ital project described in section 5302(3)(G)(v) 

24 of title 49, and related infrastructure; 


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1 ‘‘(F) a project for the acquisition of plant 

2 and wildlife habitat pursuant to a conservation 

3 plan that— 

4 ‘‘(i) has been approved by the Sec5 retary of the Interior pursuant to section 

6 10 of the Endangered Species Act of 1973 

7 (16 U.S.C. 1539); and 

8 ‘‘(ii) as determined by the Secretary 

9 of the Interior, would mitigate the environ10 mental impacts of transportation infra11 structure projects otherwise eligible for as12 sistance under the TIFIA program; and 

13 ‘‘(G) the capitalization of a rural projects 

14 fund by a State infrastructure bank with the 

15 proceeds of a secured loan made in accordance 

16 with sections 602 and 603, for the purpose of 

17 making loans to sponsors of rural infrastructure 

18 projects in accordance with section 610.’’; 

19 (6) in paragraph (15), by striking ‘‘means’’ and 

20 all that follows through the period at the end and 

21 inserting ‘‘means a surface transportation infra22 structure project located in an area that is outside 

23 of an urbanized area with a population greater than 

24 150,000 individuals, as determined by the Bureau of 

25 the Census.’’; 


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1 (7) by redesignating paragraphs (16), (17), 

2 (18), (19), and (20) as paragraphs (17), (18), (20), 

3 (21), and (22), respectively; 

4 (8) by inserting after paragraph (15) the fol5 lowing: 

6 ‘‘(16) RURAL PROJECTS FUND.—The term 

7 ‘rural projects fund’ means a fund— 

8 ‘‘(A) established by a State infrastructure 

9 bank in accordance with section 610(d)(4); 

10 ‘‘(B) capitalized with the proceeds of a se11 cured loan made to the bank in accordance with 

12 sections 602 and 603; and 

13 ‘‘(C) for the purpose of making loans to 

14 sponsors of rural infrastructure projects in ac15 cordance with section 610.’’; 

16 (9) by inserting after paragraph (18) (as redes17 ignated) the following: 

18 ‘‘(19) STATE INFRASTRUCTURE BANK.—The 

19 term ‘State infrastructure bank’ means an infra20 structure bank established under section 610.’’; and 

21 (10) in paragraph (22) (as redesignated), by in22 serting ‘‘established under sections 602 through 

23 609’’ after ‘‘Department’’. 


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1 (b) DETERMINATION OF ELIGIBILITY AND PROJECT

2 SELECTION.—Section 602 of title 23, United States Code, 

3 is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1), in the matter pre6 ceding subparagraph (A), by striking ‘‘this 

7 chapter’’ and inserting ‘‘the TIFIA program’’; 

8 (B) in paragraph (2)(A), by striking ‘‘this 

9 chapter’’ and inserting ‘‘the TIFIA program’’; 

10 (C) in paragraph (3), by striking ‘‘this 

11 chapter’’ and inserting ‘‘the TIFIA program’’; 

12 (D) in paragraph (5)— 

13 (i) by striking the heading and insert14 ing ‘‘ELIGIBLE PROJECT COST PARAM15 ETERS.—’’; 

16 (ii) in subparagraph (A)— 

17 (I) in the matter preceding clause 

18 (i), by striking ‘‘subparagraph (B), to 

19 be eligible for assistance under this 

20 chapter, a project’’ and inserting 

21 ‘‘subparagraphs (B) and (C), a 

22 project under the TIFIA program’’; 

23 (II) by striking clause (i) and in24 serting the following: 

25 ‘‘(i) $50,000,000; and’’; and 


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1 (III) in clause (ii), by striking 

2 ‘‘assistance’’; and 

3 (iii) in subparagraph (B)— 

4 (I) by striking the subparagraph 

5 designation and heading and all that 

6 follows through ‘‘In the case’’ and in7 serting the following: 

8 ‘‘(B) EXCEPTIONS.— 

9 ‘‘(i) INTELLIGENT TRANSPORTATION

10 SYSTEMS.—In the case’’; and 

11 (II) by adding at the end the fol12 lowing: 

13 ‘‘(ii) TRANSIT-ORIENTED DEVELOP14 MENT PROJECTS.—In the case of a project 

15 described in section 601(a)(12)(E), eligible 

16 project costs shall be reasonably antici17 pated to equal or exceed $10,000,000. 

18 ‘‘(iii) RURAL PROJECTS.—In the case 

19 of a rural infrastructure project or a 

20 project capitalizing a rural projects fund, 

21 eligible project costs shall be reasonably 

22 anticipated to equal or exceed 

23 $10,000,000, but not to exceed 

24 $100,000,000. 


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1 ‘‘(iv) LOCAL INFRASTRUCTURE

2 PROJECTS.—Eligible project costs shall be 

3 reasonably anticipated to equal or exceed 

4 $10,000,000 in the case of projects or pro5 grams of projects— 

6 ‘‘(I) in which the applicant is a 

7 local government, public authority, or 

8 instrumentality of local government; 

9 ‘‘(II) located on a facility owned 

10 by a local government; or 

11 ‘‘(III) for which the Secretary de12 termines that a local government is 

13 substantially involved in the develop14 ment of the project.’’; 

15 (E) in paragraph (9), in the matter pre16 ceding subparagraph (A), by striking ‘‘this 

17 chapter’’ and inserting ‘‘the TIFIA program’’; 

18 and 

19 (F) in paragraph (10)— 

20 (i) by striking ‘‘To be eligible’’ and in21 serting the following: 

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

23 subparagraph (B), to be eligible’’; 


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1 (ii) by striking ‘‘this chapter’’ each 

2 place it appears and inserting ‘‘the TIFIA 

3 program’’; 

4 (iii) by striking ‘‘not later than’’ and 

5 inserting ‘‘no later than’’; and 

6 (iv) by adding at the end the fol7 lowing: 

8 ‘‘(B) RURAL PROJECTS FUND.—In the 

9 case of a project capitalizing a rural projects 

10 fund, the State infrastructure bank shall dem11 onstrate, not later than 2 years after the date 

12 on which a secured loan is obligated for the 

13 project under the TIFIA program, that the 

14 bank has executed a loan agreement with a bor15 rower for a rural infrastructure project in ac16 cordance with section 610. After the demonstra17 tion is made, the bank may draw upon the se18 cured loan. At the end of the 2-year period, to 

19 the extent the bank has not used the loan com20 mitment, the Secretary may extend the term of 

21 the loan or withdraw the loan commitment.’’; 

22 (2) in subsection (b), by striking paragraph (2) 

23 and inserting the following: 

24 ‘‘(2) MASTER CREDIT AGREEMENTS.— 


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1 ‘‘(A) PROGRAM OF RELATED PROJECTS.— 

2 The Secretary may enter into a master credit 

3 agreement for a program of related projects se4 cured by a common security pledge on terms 

5 acceptable to the Secretary. 

6 ‘‘(B) ADEQUATE FUNDING NOT AVAIL7 ABLE.—If the Secretary fully obligates funding 

8 to eligible projects for a fiscal year and ade9 quate funding is not available to fund a credit 

10 instrument, a project sponsor of an eligible 

11 project may elect to enter into a master credit 

12 agreement and wait to execute a credit instru13 ment until the fiscal year for which additional 

14 funds are available to receive credit assist15 ance.’’; 

16 (3) in subsection (c)(1), in the matter preceding 

17 subparagraph (A), by striking ‘‘this chapter’’ and in18 serting ‘‘the TIFIA program’’; and 

19 (4) in subsection (e), by striking ‘‘this chapter’’ 

20 and inserting ‘‘the TIFIA program’’. 

21 (c) SECURED LOAN TERMS AND LIMITATIONS.—Sec22 tion 603(b) of title 23, United States Code, is amended— 

23 (1) in paragraph (2)— 

24 (A) by striking ‘‘The amount of’’ and in25 serting the following: 


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

2 subparagraph (B), the amount of’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(B) RURAL PROJECTS FUND.—In the 

5 case of a project capitalizing a rural projects 

6 fund, the maximum amount of a secured loan 

7 made to a State infrastructure bank shall be 

8 determined in accordance with section 

9 602(a)(5)(B)(iii).’’; 

10 (2) in paragraph (3)(A)(i)— 

11 (A) in subclause (III), by striking ‘‘or’’ at 

12 the end; 

13 (B) in subclause (IV), by striking ‘‘and’’ at 

14 the end and inserting ‘‘or’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(V) in the case of a secured 

17 loan for a project capitalizing a rural 

18 projects fund, any other dedicated 

19 revenue sources available to a State 

20 infrastructure bank, including repay21 ments from loans made by the bank 

22 for rural infrastructure projects; 

23 and’’; 

24 (3) in paragraph (4)(B)— 


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1 (A) in clause (i), by striking ‘‘under this 

2 chapter’’ and inserting ‘‘or a rural projects fund 

3 under the TIFIA program’’; and 

4 (B) in clause (ii), by inserting ‘‘and rural 

5 project funds’’ after ‘‘rural infrastructure 

6 projects’’; 

7 (4) in paragraph (5)— 

8 (A) by redesignating subparagraphs (A) 

9 and (B) as clauses (i) and (ii), respectively, and 

10 indenting appropriately; 

11 (B) in the matter preceding subparagraph 

12 (A), by striking ‘‘The final’’ and inserting the 

13 following: 

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

15 subparagraph (B), the final’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(B) RURAL PROJECTS FUND.—In the 

18 case of a project capitalizing a rural projects 

19 fund, the final maturity date of the secured 

20 loan shall not exceed 35 years after the date on 

21 which the secured loan is obligated.’’; 

22 (5) in paragraph (8), by striking ‘‘this chapter’’ 

23 and inserting ‘‘the TIFIA program’’; and 

24 (6) in paragraph (9)— 


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1 (A) by striking ‘‘The total Federal assist2 ance provided on a project receiving a loan 

3 under this chapter’’ and inserting the following: 

4 ‘‘(A) IN GENERAL.—The total Federal as5 sistance provided for a project receiving a loan 

6 under the TIFIA program’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(B) RURAL PROJECTS FUND.—A project 

9 capitalizing a rural projects fund shall satisfy 

10 clause (i) through compliance with the Federal 

11 share requirement described in section 

12 610(e)(3)(B).’’. 

13 (d) PROGRAM ADMINISTRATION.—Section 605 of 

14 title 23, United States Code, is amended— 

15 (1) by striking ‘‘this chapter’’ each place it ap16 pears and inserting ‘‘the TIFIA program’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(f) ASSISTANCE TO SMALL PROJECTS.— 

19 ‘‘(1) RESERVATION OF FUNDS.—Of the funds 

20 made available to carry out the TIFIA program for 

21 each fiscal year, and after the set-aside under sec22 tion 608(a)(6), not less than $2,000,000 shall be 

23 made available for the Secretary to use in lieu of 

24 fees collected under subsection (b) for projects under 

25 the TIFIA program having eligible project costs that 


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1 are reasonably anticipated not to equal or exceed 

2 $75,000,000. 

3 ‘‘(2) RELEASE OF FUNDS.—Any funds not used 

4 under paragraph (1) shall be made available on Oc5 tober 1 of the following fiscal year to provide credit 

6 assistance to any project under the TIFIA pro7 gram.’’. 

8 (e) STATE AND LOCAL PERMITS.—Section 606 of 

9 title 23, United States Code, is amended in the matter 

10 preceding paragraph (1) by striking ‘‘this chapter’’ and 

11 inserting ‘‘the TIFIA program’’. 

12 (f) REGULATIONS.—Section 607 of title 23, United 

13 States Code, is amended by striking ‘‘this chapter’’ and 

14 inserting ‘‘the TIFIA program’’. 

15 (g) FUNDING.—Section 608 of title 23, United States 

16 Code, is amended— 

17 (1) by striking ‘‘this chapter’’ each place it ap18 pears and inserting ‘‘the TIFIA program’’; and 

19 (2) in subsection (a)— 

20 (A) in paragraph (2), by inserting ‘‘of’’ 

21 after ‘‘504(f)’’; 

22 (B) in paragraph (3)— 

23 (i) in subparagraph (A), by inserting 

24 ‘‘or rural projects funds’’ after ‘‘rural in25 frastructure projects’’; and 


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1 (ii) in subparagraph (B), by inserting 

2 ‘‘or rural projects funds’’ after ‘‘rural in3 frastructure projects’’; and 

4 (C) in paragraph (6), by striking ‘‘0.50 

5 percent’’ and inserting ‘‘0.75 percent’’. 

6 (h) REPORTS TO CONGRESS.—Section 609 of title 23, 

7 United States Code, is amended by striking ‘‘this chapter 

8 (other than section 610)’’ each place it appears and insert9 ing ‘‘the TIFIA program’’. 

10 (i) STATE INFRASTRUCTURE BANK PROGRAM.—Sec11 tion 610 of title 23, United States Code, is amended— 

12 (1) in subsection (a), by adding at the end the 

13 following: 

14 ‘‘(11) RURAL INFRASTRUCTURE PROJECT.— 

15 The term ‘rural infrastructure project’ has the 

16 meaning given the term in section 601. 

17 ‘‘(12) RURAL PROJECTS FUND.—The term 

18 ‘rural projects fund’ has the meaning given the term 

19 in section 601.’’; 

20 (2) in subsection (d)— 

21 (A) in paragraph (1)(A), by striking ‘‘each 

22 of fiscal years’’ and all that follows through the 

23 end of subparagraph (A) and inserting ‘‘each 

24 fiscal year under each of paragraphs (1), (2), 

25 and (5) of section 104(b); and’’; 


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1 (B) in paragraph (2), by striking ‘‘in each 

2 of fiscal years 2005 through 2009’’ and insert3 ing ‘‘in each fiscal year’’; 

4 (C) in paragraph (3), by striking ‘‘in each 

5 of fiscal years 2005 through 2009’’ and insert6 ing ‘‘in each fiscal year’’; 

7 (D) by redesignating paragraphs (4) 

8 through (6) as paragraphs (5) through (7), re9 spectively; 

10 (E) by inserting after paragraph (3) the 

11 following: 

12 ‘‘(4) RURAL PROJECTS FUND.—Subject to sub13 section (j), the Secretary may permit a State enter14 ing into a cooperative agreement under this section 

15 to establish a State infrastructure bank to deposit 

16 into the rural projects fund of the bank the proceeds 

17 of a secured loan made to the bank in accordance 

18 with section 602 and 603.’’; and 

19 (F) in paragraph (6) (as redesignated), by 

20 striking ‘‘section 133(d)(3)’’ and inserting ‘‘sec21 tion 133(d)(1)(A)(i)’’; 

22 (3) by striking subsection (e) and inserting the 

23 following: 

24 ‘‘(e) FORMS OF ASSISTANCE FROM STATE INFRA25 STRUCTURE BANKS.— 


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1 ‘‘(1) IN GENERAL.—A State infrastructure 

2 bank established under this section may— 

3 ‘‘(A) with funds deposited into the highway 

4 account, transit account, or rail account of the 

5 bank, make loans or provide other forms of 

6 credit assistance to a public or private entity to 

7 carry out a project eligible for assistance under 

8 this section; and 

9 ‘‘(B) with funds deposited into the rural 

10 projects fund, make loans to a public or private 

11 entity to carry out a rural infrastructure 

12 project. 

13 ‘‘(2) SUBORDINATION OF LOAN.—The amount 

14 of a loan or other form of credit assistance provided 

15 for a project described in paragraph (1) may be sub16 ordinated to any other debt financing for the 

17 project. 

18 ‘‘(3) MAXIMUM AMOUNT OF ASSISTANCE.—A 

19 State infrastructure bank established under this sec20 tion may— 

21 ‘‘(A) with funds deposited into the highway 

22 account, transit account, or rail account, make 

23 loans or provide other forms of credit assistance 

24 to a public or private entity in an amount up 

25 to 100 percent of the cost of carrying out a 


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1 project eligible for assistance under this section; 

2 and 

3 ‘‘(B) with funds deposited into the rural 

4 projects fund, make loans to a public or private 

5 entity in an amount not to exceed 80 percent 

6 of the cost of carrying out a rural infrastruc7 ture project. 

8 ‘‘(4) INITIAL ASSISTANCE.—Initial assistance 

9 provided with respect to a project from Federal 

10 funds deposited into a State infrastructure bank 

11 under this section may not be made in the form of 

12 a grant.’’; 

13 (4) in subsection (g)— 

14 (A) in paragraph (1), by striking ‘‘each ac15 count’’ and inserting ‘‘the highway account, the 

16 transit account, and the rail account’’; and 

17 (B) in paragraph (4), by inserting ‘‘, ex18 cept that any loan funded from the rural 

19 projects fund of the bank shall bear interest at 

20 or below the interest rate charged for the 

21 TIFIA loan provided to the bank under section 

22 603’’ after ‘‘feasible’’; and 

23 (5) in subsection (k), by striking ‘‘For each of 

24 fiscal years 2005 through 2009’’ and inserting ‘‘For 

25 each fiscal year’’. 


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1 TITLE IV—TECHNICAL 

2 CORRECTIONS 

3 SEC. 4001. TECHNICAL CORRECTIONS. 

4 (a) Section 101(a)(29) of title 23, United States 

5 Code, is amended— 

6 (1) in subparagraph (B), by inserting a comma 

7 after ‘‘disabilities’’; and 

8 (2) in subparagraph (F)(i), by striking 

9 ‘‘133(b)(11)’’ and inserting ‘‘133(b)(14)’’. 

10 (b) Section 119(d)(1)(A) of title 23, United States 

11 Code, is amended by striking ‘‘mobility,’’ and inserting 

12 ‘‘congestion reduction, system reliability,’’. 

13 (c) Section 126(b) of title 23, United States Code (as 

14 amended by section 1016(b)), is amended by striking 

15 ‘‘133(d)’’ and inserting ‘‘133(d)(1)(A)’’. 

16 (d) Section 127(a)(3) of title 23, United States Code, 

17 is amended by striking ‘‘118(b)(2) of this title’’ and in18 serting ‘‘118(b)’’. 

19 (e) Section 150(c)(3)(B) of title 23, United States 

20 Code, is amended by striking the semicolon at the end and 

21 inserting a period. 

22 (f) Section 153(h)(2) of title 23, United States Code, 

23 is amended by striking ‘‘paragraphs (1) through (3)’’ and 

24 inserting ‘‘paragraphs (1), (2), and (4)’’. 


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1 (g) Section 163(f)(2) of title 23, United States Code, 

2 is amended by striking ‘‘118(b)(2)’’ and inserting 

3 ‘‘118(b)’’. 

4 (h) Section 165(c)(7) of title 23, United States Code, 

5 is amended by striking ‘‘paragraphs (2), (4), (7), (8), 

6 (14), and (19)’’ and inserting ‘‘paragraphs (2), (4), (6), 

7 (7), and (14)’’. 

8 (i) Section 202(b)(3) of title 23, United States Code, 

9 is amended— 

10 (1) in subparagraph (A)(i), in the matter pre11 ceding subclause (I), by inserting ‘‘(a)(6),’’ after 

12 ‘‘subsections’’; and 

13 (2) in subparagraph (C)(ii)(IV), by striking 

14 ‘‘(III).]’’ and inserting ‘‘(III).’’. 

15 (j) Section 217(a) of title 23, United States Code, 

16 is amended by striking ‘‘104(b)(3)’’ and inserting 

17 ‘‘104(b)(4)’’. 

18 (k) Section 327(a)(2)(B)(iii) of title 23, United 

19 States Code, is amended by striking ‘‘(42 U.S.C. 13 4321 

20 et seq.)’’ and inserting ‘‘(42 U.S.C. 4321 et seq.)’’. 

21 (l) Section 504(a)(4) of title 23, United States Code, 

22 is amended by striking ‘‘104(b)(3)’’ and inserting 

23 ‘‘104(b)(2)’’. 


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1 (m) Section 515 of title 23, United States Code, is 

2 amended by striking ‘‘this chapter’’ each place it appears 

3 and inserting ‘‘sections 512 through 518’’. 

4 (n) Section 518(a) of title 23, United States Code, 

5 is amended by inserting ‘‘a report’’ after ‘‘House of Rep6 resentatives’’. 

7 (o) Section 6302(b)(3)(B)(vi)(III) of title 49, United 

8 States Code, is amended by striking ‘‘6310’’ and inserting 

9 ‘‘6309’’. 

10 (p) Section 1301(l)(3) of SAFETEA–LU (23 U.S.C. 

11 101 note; Public Law 109–59) is amended— 

12 (1) in subparagraph (A)(i), by striking ‘‘com13 plied’’ and inserting ‘‘compiled’’; and 

14 (2) in subparagraph (B), by striking ‘‘para15 graph (1)’’ and inserting ‘‘subparagraph (A)’’. 

16 (q) Section 4407 of SAFETEA–LU (Public Law 

17 109–59; 119 Stat. 1777), is amended by striking ‘‘hereby 

18 enacted into law’’ and inserting ‘‘granted’’. 

19 (r) Section 51001(a)(1) of the Transportation Re20 search and Innovative Technology Act of 2012 (126 Stat. 

21 864) is amended by striking ‘‘sections 503(b), 503(d), and 

22 509’’ and inserting ‘‘section 503(b)’’. 


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1 TITLE V—MISCELLANEOUS 

2 SEC. 5001. APPALACHIAN DEVELOPMENT HIGHWAY SYS3 TEM. 

4 Section 1528 of MAP–21 (40 U.S.C. 14501 note; 

5 Public Law 112–141) is amended— 

6 (1) by striking ‘‘2021’’ each place it appears 

7 and inserting ‘‘2050’’; and 

8 (2) by striking ‘‘shall be 100 percent’’ each 

9 place it appears and inserting ‘‘shall be up to 100 

10 percent, as determined by the State’’. 

11 SEC. 5002. APPALACHIAN REGIONAL DEVELOPMENT PRO12 GRAM. 

13 (a) HIGH-SPEED BROADBAND DEVELOPMENT INI14 TIATIVE.— 

15 (1) IN GENERAL.—Subchapter I of chapter 145 

16 of subtitle IV of title 40, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘§ 14509. High-speed broadband deployment initia19 tive 

20 ‘‘(a) IN GENERAL.—The Appalachian Regional Com21 mission may provide technical assistance, make grants, 

22 enter into contracts, or otherwise provide amounts to indi23 viduals or entities in the Appalachian region for projects 

24 and activities— 


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1 ‘‘(1) to increase affordable access to broadband 

2 networks throughout the Appalachian region; 

3 ‘‘(2) to conduct research, analysis, and training 

4 to increase broadband adoption efforts in the Appa5 lachian region; 

6 ‘‘(3) to provide technology assets, including 

7 computers, smartboards, and video projectors to 

8 educational systems throughout the Appalachian re9 gion; 

10 ‘‘(4) to increase distance learning opportunities 

11 throughout the Appalachian region; 

12 ‘‘(5) to increase the use of telehealth tech13 nologies in the Appalachian region; and 

14 ‘‘(6) to promote e-commerce applications in the 

15 Appalachian region. 

16 ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the 

17 cost of any activity eligible for a grant under this sec18 tion— 

19 ‘‘(1) not more than 50 percent may be provided 

20 from amounts appropriated to carry out this section; 

21 and 

22 ‘‘(2) notwithstanding paragraph (1)— 

23 ‘‘(A) in the case of a project to be carried 

24 out in a county for which a distressed county 

25 designation is in effect under section 14526, 


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1 not more than 80 percent may be provided from 

2 amounts appropriated to carry out this section; 

3 and 

4 ‘‘(B) in the case of a project to be carried 

5 out in a county for which an at-risk designation 

6 is in effect under section 14526, not more than 

7 70 percent may be provided from amounts ap8 propriated to carry out this section. 

9 ‘‘(c) SOURCES OF ASSISTANCE.—Subject to sub10 section (b), a grant provided under this section may be 

11 provided from amounts made available to carry out this 

12 section in combination with amounts made available— 

13 ‘‘(1) under any other Federal program; or 

14 ‘‘(2) from any other source. 

15 ‘‘(d) FEDERAL SHARE.—Notwithstanding any provi16 sion of law limiting the Federal share under any other 

17 Federal program, amounts made available to carry out 

18 this section may be used to increase that Federal share, 

19 as the Appalachian Regional Commission determines to be 

20 appropriate.’’. 

21 (2) CONFORMING AMENDMENT.—The analysis 

22 for chapter 145 of title 40, United States Code, is 

23 amended by inserting after the item relating to sec24 tion 14508 the following: 

‘‘14509. High-speed broadband deployment initiative.’’. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 14703 of title 40, United States Code, is amended— 

3 (1) in subsection (a)(5), by striking ‘‘fiscal year 

4 2012’’ and inserting ‘‘each of fiscal years 2012 

5 through 2021’’; 

6 (2) by redesignating subsections (c) and (d) as 

7 subsections (d) and (e), respectively; and 

8 (3) by inserting after subsection (b) the fol9 lowing: 

10 ‘‘(c) HIGH-SPEED BROADBAND DEPLOYMENT INITIA11 TIVE.—Of the amounts made available under subsection 

12 (a), $10,000,000 shall be used to carry out section 14509 

13 for each of fiscal years 2016 through 2021.’’. 

14 (c) TERMINATION.—Section 14704 of title 40, United 

15 States Code, is amended by striking ‘‘2012’’ and inserting 

16 ‘‘2021’’. 

17 (d) EFFECTIVE DATE.—This section and the amend18 ments made by this section take effect on October 1, 2015. 

19 SEC. 5003. WATER INFRASTRUCTURE FINANCE AND INNO20 VATION. 

21 Section 3907(a) of title 33, United States Code, is 

22 amended— 

23 (1) by striking paragraph (5); and 

24 (2) by redesignating paragraphs (6) and (7) as 

25 paragraphs (5) and (6), respectively. 


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1 SEC. 5004. ADMINISTRATIVE PROVISIONS TO ENCOURAGE 

2 POLLINATOR HABITAT AND FORAGE ON 

3 TRANSPORTATION RIGHTS-OF-WAY. 

4 (a) IN GENERAL.—Section 319 of title 23, United 

5 States Code, is amended— 

6 (1) in subsection (a), by inserting ‘‘(including 

7 the enhancement of habitat and forage for polli8 nators)’’ before ‘‘adjacent’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(c) ENCOURAGEMENT OF POLLINATOR HABITAT AND

11 FORAGE DEVELOPMENT AND PROTECTION ON TRANSPOR12 TATION RIGHTS-OF-WAY.—In carrying out any program 

13 administered by the Secretary under this title, the Secretary 

14 shall, in conjunction with willing States, as appropriate— 

15 ‘‘(1) encourage integrated vegetation manage16 ment practices on roadsides and other transportation 

17 rights-of-way, including reduced mowing; and 

18 ‘‘(2) encourage the development of habitat and 

19 forage for Monarch butterflies, other native polli20 nators, and honey bees through plantings of native 

21 forbs and grasses, including noninvasive, native milk22 weed species that can serve as migratory way stations 

23 for butterflies and facilitate migrations of other polli24 nators.’’. 

25 (b) PROVISION OF HABITAT, FORAGE, AND MIGRATORY

26 WAY STATIONS FOR MONARCH BUTTERFLIES, OTHER NAVerDate Sep 11 2014 22:56 Jul 15, 2015 Jkt 049200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6203 E:\BILLS\S1647.RS S1647

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1 TIVE POLLINATORS, AND HONEY BEES.—Section 329(a)(1) 

2 of title 23, United States Code, is amended by inserting 

3 ‘‘provision of habitat, forage, and migratory way stations 

4 for Monarch butterflies, other native pollinators, and honey 

5 bees,’’ before ‘‘and aesthetic enhancement’’. 

6 SEC. 5005. STUDY ON PERFORMANCE OF BRIDGES. 

7 (a) IN GENERAL.—Subject to subsection (c), the Ad8 ministrator of the Federal Highway Administration (re9 ferred to in this section as the ‘‘Administrator’’) shall com10 mission the Transportation Research Board of the National 

11 Academy of Sciences to conduct a study on the performance 

12 of bridges that received funding under the innovative bridge 

13 research and construction program (referred to in this sec14 tion as the ‘‘program’’) under section 503(b) of title 23, 

15 United States Code (as in effect on the day before the date 

16 of enactment of SAFETEA–LU (Public Law 109–59; 119 

17 Stat. 1144)) in meeting the goals of that program, which 

18 included— 

19 (1) the development of new, cost-effective innova20 tive material highway bridge applications; 

21 (2) the reduction of maintenance costs and 

22 lifecycle costs of bridges, including the costs of new 

23 construction, replacement, or rehabilitation of defi24 cient bridges; 


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1 (3) the development of construction techniques to 

2 increase safety and reduce construction time and traf3 fic congestion; 

4 (4) the development of engineering design cri5 teria for innovative products and materials for use in 

6 highway bridges and structures; 

7 (5) the development of cost-effective and innova8 tive techniques to separate vehicle and pedestrian 

9 traffic from railroad traffic; 

10 (6) the development of highway bridges and 

11 structures that will withstand natural disasters, in12 cluding alternative processes for the seismic retrofit of 

13 bridges; and 

14 (7) the development of new nondestructive bridge 

15 evaluation technologies and techniques. 

16 (b) CONTENTS.—The study commissioned under sub17 section (a) shall include— 

18 (1) an analysis of the performance of bridges 

19 that received funding under the program in meeting 

20 the goals described in paragraphs (1) through (7) of 

21 subsection (a); 

22 (2) an analysis of the utility, compared to con23 ventional materials and technologies, of each of the 

24 innovative materials and technologies used in projects 

25 for bridges under the program in meeting the needs 


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1 of the United States in 2015 and in the future for a 

2 sustainable and low lifecycle cost transportation sys3 tem; 

4 (3) recommendations to Congress on how the in5 stalled and lifecycle costs of bridges could be reduced 

6 through the use of innovative materials and tech7 nologies, including, as appropriate, any changes in 

8 the design and construction of bridges needed to 

9 maximize the cost reductions; and 

10 (4) a summary of any additional research that 

11 may be needed to further evaluate innovative ap12 proaches to reducing the installed and lifecycle costs 

13 of highway bridges. 

14 (c) PUBLIC COMMENT.—Before commissioning the 

15 study under subsection (a), the Administrator shall provide 

16 an opportunity for public comment on the study proposal. 

17 (d) DATA FROM STATES.—Each State that received 

18 funds under the program shall provide to the Transpor19 tation Research Board any relevant data needed to carry 

20 out the study commissioned under subsection (a). 

21 (e) DEADLINE.—The Administrator shall submit to 

22 Congress the study commissioned under subsection (a) not 

23 later than 3 years after the date of enactment of this Act. 


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1 TITLE VI—EXTENSION OF FED2 ERAL-AID HIGHWAY PRO3 GRAMS 

4 SEC. 6001. EXTENSION OF FEDERAL-AID HIGHWAY PRO5 GRAMS. 

6 (a) IN GENERAL.—Section 1001 of the Highway and 

7 Transportation Funding Act of 2014 (Public Law 113– 

8 159; 128 Stat. 1840; 129 Stat. 219) is amended— 

9 (1) in subsection (a), by striking ‘‘July 31, 

10 2015’’ and inserting ‘‘September 30, 2015’’; 

11 (2) in subsection (b)(1)— 

12 (A) by striking ‘‘July 31, 2015’’ and in13 serting ‘‘September 30, 2015’’; and 

(B) by striking ‘‘304 14 ⁄365’’ and inserting 

‘‘365 15 ⁄365’’; and 

16 (3) in subsection (c)— 

17 (A) in paragraph (1)— 

18 (i) by striking ‘‘July 31, 2015’’ and 

19 inserting ‘‘September 30, 2015’’; and 

(ii) by striking ‘‘304 20 ⁄365’’ and inserting 

‘‘365 21 ⁄365’’; and 

22 (B) in paragraph (2)(B), by striking ‘‘by 

23 this subsection’’. 


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1 (b) OBLIGATION CEILING.—Section 1102 of MAP– 

2 21 (23 U.S.C. 104 note; Public Law 112–141) is amend3 ed— 

4 (1) in subsection (a)(3)— 

5 (A) by striking ‘‘$33,528,284,932’’ and in6 serting ‘‘$40,256,000,000’’; and 

7 (B) by striking ‘‘July 31, 2015’’ and in8 serting ‘‘September 30, 2015’’; 

9 (2) in subsection (b)(12)— 

10 (A) by striking ‘‘July 31, 2015’’ and in11 serting ‘‘September 30, 2015’’; and 

(B) by striking ‘‘304 12 ⁄365’’ and inserting 

‘‘365 13 ⁄365’’; 

14 (3) in subsection (c)— 

15 (A) in the matter preceding paragraph (1), 

16 by striking ‘‘July 31, 2015’’ and inserting 

17 ‘‘September 30, 2015’’; and 

18 (B) in paragraph (2)— 

19 (i) by striking ‘‘July 31, 2015’’ and 

20 inserting ‘‘September 30, 2015’’; and 

(ii) by striking ‘‘304 21 ⁄365’’ and inserting 

‘‘365 22 ⁄365’’; and 

23 (4) in subsection (f)(1), in the matter preceding 

24 subparagraph (A), by striking ‘‘July 31, 2015’’ and 

25 inserting ‘‘September 30, 2015’’. 


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1 (c) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 

2 Section 1123(h)(1) of MAP-21 (23 U.S.C. 202 note; Pub3 lic Law 112–141) is amended— 

4 (1) by striking ‘‘$24,986,301’’ and inserting 

5 ‘‘$30,000,000’’; and 

6 (2) by striking ‘‘July 31, 2015’’ and inserting 

7 ‘‘September 30, 2015’’. 

8 SEC. 6002. ADMINISTRATIVE EXPENSES. 

9 (a) AUTHORIZATION OF CONTRACT AUTHORITY.— 

10 Section 1002(a) of the Highway and Transportation 

11 Funding Act of 2014 (Public Law 113–159; 128 Stat. 

12 1842; 129 Stat. 220) is amended— 

13 (1) by striking ‘‘$366,465,753’’ and inserting 

14 ‘‘$440,000,000’’; and 

15 (2) by striking ‘‘July 31, 2015’’ and inserting 

16 ‘‘September 30, 2015’’. 

17 (b) CONTRACT AUTHORITY.—Section 1002(b)(2) of 

18 the Highway and Transportation Funding Act of 2014 

19 (Public Law 113–159; 128 Stat. 1842; 129 Stat. 220) is 

20 amended by striking ‘‘July 31, 2015’’ and inserting ‘‘Sep21 tember 30, 2015’’. 


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Calendar No. 150 

114TH CONGRESS 

1ST SESSION S. 1647 

[Report No. 114–80] 

A BILL 

To amend title 23, United States Code, to authorposes. safety construction programs, and for other pur- ize funds for Federal-aid highways and highway 

JULY 15, 2015 

Reported with amendments 


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