II 

114TH CONGRESS 

1ST SESSION S. 1647 

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 

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, 

3 SECTION 1. SHORT TITLE. 

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

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

6 ‘‘DRIVE Act’’. 

7 SEC. 2. DEFINITIONS; TABLE OF CONTENTS. 

8 (a) DEFINITIONS.—In this Act: 


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

2 means the Department of Transportation. 

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

4 the Secretary of Transportation. 

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

6 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. 

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. 

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. 


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Sec. 1105. Improving collaboration for accelerated decisionmaking. 

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. 

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 


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

amendments. 

TITLE IV—TECHNICAL CORRECTIONS TO MAP–21 

Sec. 4001. Technical corrections. 

TITLE V—MISCELLANEOUS 

Sec. 5001. Appalachian development highway system. 

Sec. 5002. Appalachian regional development program. 

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 

11 section 119 of title 23, United States Code, the sur12 face transportation program under section 133 of 

13 that title, the highway safety improvement program 

14 under section 148 of that title, the congestion miti15 gation and air quality improvement program under 

16 section 149 of that title, the national freight pro17 gram under section 167 of that title, and to carry 

18 out section 134 of that title— 


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

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

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

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

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

6 and 

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

8 (2) TRANSPORTATION INFRASTRUCTURE FI9 NANCE AND INNOVATION PROGRAM.—For credit as10 sistance under the transportation infrastructure fi11 nance and innovation program under chapter 6 of 

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

13 of fiscal years 2016 through 2021. 

14 (3) FEDERAL LANDS AND TRIBAL TRANSPOR15 TATION PROGRAMS.— 

16 (A) TRIBAL TRANSPORTATION PRO17 GRAM.—For the tribal transportation program 

18 under section 202 of title 23, United States 

19 Code— 

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

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

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

23 2018; 

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

25 2019; 


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

2 and 

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

4 2021. 

5 (B) FEDERAL LANDS TRANSPORTATION

6 PROGRAM.— 

7 (i) AUTHORIZATION.—For the Fed8 eral lands transportation program under 

9 section 203 of title 23, United States 

10 Code— 

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

12 2016; 

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

14 2017; 

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

16 2018; 

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

18 2019; 

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

20 2020; and 

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

22 2021. 

23 (ii) SPECIAL RULE.— 

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

25 made available for each fiscal year 


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1 shall be the amount for the National 

2 Park Service; and 

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

4 made available for each fiscal year 

5 shall be the amount for the United 

6 States Fish and Wildlife Service. 

7 (C) FEDERAL LANDS ACCESS PROGRAM.— 

8 For the Federal lands access program under 

9 section 204 of title 23, United States Code— 

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

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

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

13 2018; 

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

15 2019; 

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

17 and 

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

19 2021. 

20 (4) TERRITORIAL AND PUERTO RICO HIGHWAY

21 PROGRAM.—For the territorial and Puerto Rico 

22 highway program under section 165 of title 23, 

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

24 years 2016 through 2021. 


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1 (5) ASSISTANCE FOR MAJOR PROJECTS PRO2 GRAM.—For the assistance for major projects pro3 gram under section 171 of title 23, United States 

4 Code— 

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

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

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

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

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

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

11 (b) RESEARCH, TECHNOLOGY, AND EDUCATION AU12 THORIZATIONS.— 

13 (1) IN GENERAL.—The following sums are au14 thorized to be appropriated out of the Highway 

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

16 (A) HIGHWAY RESEARCH AND DEVELOP17 MENT PROGRAM.—To carry out the highway re18 search and development program under section 

19 503(b) of title 23, United States Code, 

20 $135,000,000 for each of fiscal years 2016 

21 through 2021. 

22 (B) TECHNOLOGY AND INNOVATION DE23 PLOYMENT PROGRAM.—To carry out the tech24 nology and innovation deployment program 

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


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

2 through 2021. 

3 (C) TRAINING AND EDUCATION.—To carry 

4 out training and education under section 504 of 

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

6 each of fiscal years 2016 through 2021. 

7 (D) INTELLIGENT TRANSPORTATION SYS8 TEMS PROGRAM.—To carry out the intelligent 

9 transportation systems program under sections 

10 512 through 518 of title 23, United States 

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

12 2016 through 2021. 

13 (E) UNIVERSITY TRANSPORTATION CEN14 TERS PROGRAM.—To carry out the university 

15 transportation centers program under section 

16 5505 of title 49, United States Code, 

17 $72,500,000 for each of fiscal years 2016 

18 through 2021. 

19 (F) BUREAU OF TRANSPORTATION STATIS20 TICS.—To carry out chapter 63 of title 49, 

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

22 fiscal years 2016 through 2021. 

23 (2) ADMINISTRATION.—The Federal Highway 

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1 scribed in subparagraphs (D) through (F) of para2 graph (1). 

3 (3) APPLICABILITY OF TITLE 23, UNITED

4 STATES CODE.—Funds authorized to be appro5 priated by paragraph (1) shall— 

6 (A) be available for obligation in the same 

7 manner as if those funds were apportioned 

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

9 (B) remain available until expended; and 

10 (C) not be transferable. 

11 (c) DISADVANTAGED BUSINESS ENTERPRISES.— 

12 (1) FINDINGS.—Congress finds that— 

13 (A) while significant progress has occurred 

14 due to the establishment of the disadvantaged 

15 business enterprise program, discrimination and 

16 related barriers continue to pose significant ob17 stacles for minority- and women-owned busi18 nesses seeking to do business in federally as19 sisted surface transportation markets across the 

20 United States; 

21 (B) the continuing barriers described in 

22 subparagraph (A) merit the continuation of the 

23 disadvantaged business enterprise program; 

24 (C) Congress has received and reviewed 

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1 der discrimination from numerous sources, in2 cluding congressional hearings and roundtables, 

3 scientific reports, reports issued by public and 

4 private agencies, news stories, reports of dis5 crimination by organizations and individuals, 

6 and discrimination lawsuits, which show that 

7 race- and gender-neutral efforts alone are insuf8 ficient to address the problem; 

9 (D) the testimony and documentation de10 scribed in subparagraph (C) demonstrate that 

11 discrimination across the United States poses a 

12 barrier to full and fair participation in surface 

13 transportation-related businesses of women 

14 business owners and minority business owners 

15 and has impacted firm development and many 

16 aspects of surface transportation-related busi17 ness in the public and private markets; and 

18 (E) the testimony and documentation de19 scribed in subparagraph (C) provide a strong 

20 basis that there is a compelling need for the 

21 continuation of the disadvantaged business en22 terprise program to address race and gender 

23 discrimination in surface transportation-related 

24 business. 


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1 (2) DEFINITIONS.—In this subsection, the fol2 lowing definitions apply: 

3 (A) SMALL BUSINESS CONCERN.— 

4 (i) IN GENERAL.—The term ‘‘small 

5 business concern’’ means a small business 

6 concern (as the term is used in section 3 

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

8 632)). 

9 (ii) EXCLUSIONS.—The term ‘‘small 

10 business concern’’ does not include any 

11 concern or group of concerns controlled by 

12 the same socially and economically dis13 advantaged individual or individuals that 

14 have average annual gross receipts during 

15 the preceding 3 fiscal years in excess of 

16 $22,410,000, as adjusted annually by the 

17 Secretary for inflation. 

18 (B) SOCIALLY AND ECONOMICALLY DIS19 ADVANTAGED INDIVIDUALS.—The term ‘‘so20 cially and economically disadvantaged individ21 uals’’ has the meaning given the term in section 

22 8(d) of the Small Business Act (15 U.S.C. 

23 637(d)) and relevant subcontracting regulations 

24 issued pursuant to that Act, except that women 

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1 cally disadvantaged individuals for purposes of 

2 this subsection. 

3 (3) AMOUNTS FOR SMALL BUSINESS CON4 CERNS.—Except to the extent that the Secretary de5 termines otherwise, not less than 10 percent of the 

6 amounts made available for any program under title 

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

8 States Code, shall be expended through small busi9 ness concerns owned and controlled by socially and 

10 economically disadvantaged individuals. 

11 (4) ANNUAL LISTING OF DISADVANTAGED BUSI12 NESS ENTERPRISES.—Each State shall annually— 

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

14 business concerns referred to in paragraph (2) 

15 in the State, including the location of the small 

16 business concerns in the State; and 

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

18 percentage of the small business concerns that 

19 are controlled by— 

20 (i) women; 

21 (ii) socially and economically dis22 advantaged individuals (other than 

23 women); and 


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1 (iii) individuals who are women and 

2 are otherwise socially and economically dis3 advantaged individuals. 

4 (5) UNIFORM CERTIFICATION.— 

5 (A) IN GENERAL.—The Secretary shall es6 tablish minimum uniform criteria for use by 

7 State governments in certifying whether a con8 cern qualifies as a small business concern for 

9 the purpose of this subsection. 

10 (B) INCLUSIONS.—The minimum uniform 

11 criteria established under subparagraph (A) 

12 shall include, with respect to a potential small 

13 business concern— 

14 (i) on-site visits; 

15 (ii) personal interviews with personnel; 

16 (iii) issuance or inspection of licenses; 

17 (iv) analyses of stock ownership; 

18 (v) listings of equipment; 

19 (vi) analyses of bonding capacity; 

20 (vii) listings of work completed; 

21 (viii) examination of the resumes of 

22 principal owners; 

23 (ix) analyses of financial capacity; and 

24 (x) analyses of the type of work pre25 ferred. 


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1 (6) REPORTING.—The Secretary shall establish 

2 minimum requirements for use by State govern3 ments in reporting to the Secretary— 

4 (A) information concerning disadvantaged 

5 business enterprise awards, commitments, and 

6 achievements; and 

7 (B) such other information as the Sec8 retary determines to be appropriate for the 

9 proper monitoring of the disadvantaged busi10 ness enterprise program. 

11 (7) COMPLIANCE WITH COURT ORDERS.—Noth12 ing in this subsection limits the eligibility of an indi13 vidual or entity to receive funds made available 

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

15 United States Code, if the individual or entity is pre16 vented, in whole or in part, from complying with 

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

18 order in which the court finds that a requirement or 

19 the implementation of paragraph (2) is unconstitu20 tional. 

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

22 MAP–21 (Public Law 112–141; 126 Stat. 414) is re23 pealed. 


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1 SEC. 1002. OBLIGATION CEILING. 

2 (a) GENERAL LIMITATION.—Subject to subsection 

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

4 obligations for Federal-aid highway and highway safety 

5 construction programs shall not exceed— 

6 (1) $43,076,500,000 for fiscal year 2016; 

7 (2) $43,997,300,000 for fiscal year 2017; 

8 (3) $44,982,100,000 for fiscal year 2018; 

9 (4) $46,034,400,000 for fiscal year 2019; 

10 (5) $47,157,700,000 for fiscal year 2020; and 

11 (6) $48,307,900,000 for fiscal year 2021. 

12 (b) EXCEPTIONS.—The limitations under subsection 

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

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

15 (2) section 147 of the Surface Transportation 

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

17 Stat. 2714); 

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

19 of 1981 (95 Stat. 1701); 

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

21 Surface Transportation Assistance Act of 1982 (96 

22 Stat. 2119); 

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

24 Surface Transportation and Uniform Relocation As25 sistance Act of 1987 (101 Stat. 198); 


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1 (6) sections 1103 through 1108 of the Inter2 modal Surface Transportation Efficiency Act of 

3 1991 (105 Stat. 2027); 

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

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

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

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

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

9 of those fiscal years); 

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

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

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

13 of those fiscal years); 

14 (10) Federal-aid highway programs for which 

15 obligation authority was made available under the 

16 Transportation Equity Act for the 21st Century 

17 (112 Stat. 107) or subsequent Acts for multiple 

18 years or to remain available until expended, but only 

19 to the extent that the obligation authority has not 

20 lapsed or been used; 

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

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

23 funds obligated in accordance with that section were 

24 not subject to a limitation on obligations at the time 


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1 at which the funds were initially made available for 

2 obligation; 

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

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

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

6 of those fiscal years); and 

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

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

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

10 of those fiscal years). 

11 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 

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

13 shall— 

14 (1) not distribute obligation authority provided 

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

16 (A) amounts authorized for administrative 

17 expenses and programs by section 104(a) of 

18 title 23, United States Code; and 

19 (B) amounts authorized for the Bureau of 

20 Transportation Statistics; 

21 (2) not distribute an amount of obligation au22 thority provided by subsection (a) that is equal to 

23 the unobligated balance of amounts— 

24 (A) made available from the Highway 

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1 count) for Federal-aid highway and highway 

2 safety construction programs for previous fiscal 

3 years the funds for which are allocated by the 

4 Secretary (or apportioned by the Secretary 

5 under section 202 or 204 of title 23, United 

6 States Code); and 

7 (B) for which obligation authority was pro8 vided in a previous fiscal year; 

9 (3) determine the proportion that— 

10 (A) an amount equal to the difference be11 tween— 

12 (i) the obligation authority provided 

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

14 (ii) the aggregate amount not distrib15 uted under paragraphs (1) and (2); bears 

16 to 

17 (B) an amount equal to the difference be18 tween— 

19 (i) the total of the sums authorized to 

20 be appropriated for the Federal-aid high21 way and highway safety construction pro22 grams (other than sums authorized to be 

23 appropriated for provisions of law de24 scribed in paragraphs (1) through (12) of 

25 subsection (b) and sums authorized to be 


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1 appropriated for section 119 of title 23, 

2 United States Code, equal to the amount 

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

4 fiscal year); and 

5 (ii) the aggregate amount not distrib6 uted under paragraphs (1) and (2); 

7 (4) distribute the obligation authority provided 

8 by subsection (a), less the aggregate amount not dis9 tributed under paragraphs (1) and (2), for each of 

10 the programs (other than programs to which para11 graph (1) applies) that are allocated by the Sec12 retary under this Act and title 23, United States 

13 Code, or apportioned by the Secretary under section 

14 202 or 204 of that title, by multiplying— 

15 (A) the proportion determined under para16 graph (3); by 

17 (B) the amounts authorized to be appro18 priated for each such program for the fiscal 

19 year; and 

20 (5) distribute the obligation authority provided 

21 by subsection (a), less the aggregate amount not dis22 tributed under paragraphs (1) and (2) and the 

23 amounts distributed under paragraph (4), for Fed24 eral-aid highway and highway safety construction 

25 programs that are apportioned by the Secretary 


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

2 amounts apportioned for the national highway per3 formance program under section 119 of title 23, 

4 United States Code, that are exempt from the limi5 tation under subsection (b)(13) and the amounts ap6 portioned under sections 202 and 204 of that title), 

7 in the proportion that— 

8 (A) amounts authorized to be appropriated 

9 for the programs that are apportioned under 

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

11 the fiscal year; bears to 

12 (B) the total of the amounts authorized to 

13 be appropriated for the programs that are ap14 portioned under title 23, United States Code, to 

15 all States for the fiscal year. 

16 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU17 THORITY.—Notwithstanding subsection (c), the Secretary 

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

19 2021— 

20 (1) revise a distribution of the obligation au21 thority made available under subsection (c) if an 

22 amount distributed cannot be obligated during that 

23 fiscal year; and 

24 (2) redistribute sufficient amounts to those 

25 States able to obligate amounts in addition to those 


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1 previously distributed during that fiscal year, giving 

2 priority to those States having large unobligated bal3 ances of funds apportioned under sections 144 (as in 

4 effect on the day before the date of enactment of 

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

6 United States Code. 

7 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

8 TRANSPORTATION RESEARCH PROGRAMS.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), obligation limitations imposed by sub11 section (a) shall apply to contract authority for 

12 transportation research programs carried out under 

13 chapter 5 of title 23, United States Code. 

14 (2) EXCEPTION.—Obligation authority made 

15 available under paragraph (1) shall— 

16 (A) remain available for a period of 4 fis17 cal years; and 

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

19 limitation imposed on obligations for Federal20 aid highway and highway safety construction 

21 programs for future fiscal years. 

22 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

23 FUNDS.— 

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

25 the date of distribution of obligation authority under 


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

2 2021, the Secretary shall distribute to the States 

3 any funds (excluding funds authorized for the pro4 gram under section 202 of title 23, United States 

5 Code) that— 

6 (A) are authorized to be appropriated for 

7 the fiscal year for Federal-aid highway pro8 grams; and 

9 (B) the Secretary determines will not be 

10 allocated to the States (or will not be appor11 tioned to the States under section 204 of title 

12 23, United States Code), and will not be avail13 able for obligation, for the fiscal year because 

14 of the imposition of any obligation limitation for 

15 the fiscal year. 

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

17 paragraph (1) in the same proportion as the dis18 tribution of obligation authority under subsection 

19 (c)(5). 

20 (3) AVAILABILITY.—Funds distributed to each 

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

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

23 United States Code. 


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1 SEC. 1003. APPORTIONMENT. 

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

3 States Code, is amended— 

4 (1) in subsection (a)(1) by striking subpara5 graphs (A) and (B) and inserting the following: 

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

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

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

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

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

11 and 

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

13 (2) in subsection (b)— 

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

15 by striking ‘‘and the congestion mitigation and 

16 air quality improvement program’’ and insert17 ing ‘‘the congestion mitigation and air quality 

18 improvement program, the national freight pro19 gram’’; 

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

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

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

23 and (6), and section 213(a)’’; 

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

25 percent’’ and inserting ‘‘65 percent’’; 


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

2 percent’’ and inserting ‘‘29 percent’’; 

3 (E) in paragraph (3), by striking ‘‘7 per4 cent’’ and inserting ‘‘6 percent’’; 

5 (F) in paragraph (4), in the matter pre6 ceding subparagraph (A), by striking ‘‘deter7 mined for the State under subsection (c)’’ and 

8 inserting ‘‘remaining under subsection (c) after 

9 making the set-aside in accordance with para10 graph (5) and section 213(a)’’; 

11 (G) by redesignating paragraph (5) as 

12 paragraph (6); 

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

14 following: 

15 ‘‘(5) NATIONAL FREIGHT PROGRAM.— 

16 ‘‘(A) IN GENERAL.—For the national 

17 freight program under section 167, the Sec18 retary shall set aside from the amount deter19 mined for a State under subsection (c) an 

20 amount determined for the State under sub21 paragraphs (B) and (C). 

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

23 set aside for the national freight program for 

24 all States shall be— 


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

2 2016; 

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

4 2017; 

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

6 2018; 

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

8 2019; 

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

10 2020; and 

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

12 2021. 

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

14 distribute among the States the total set-aside 

15 amount for the national freight program under 

16 subparagraph (B) so that each State receives 

17 an amount equal to the proportion that— 

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

19 to 

20 ‘‘(ii) the State total apportionments 

21 determined under subsection (c). 

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

23 amount set aside under this paragraph for a 

24 State, the Secretary shall use to carry out secVerDate Sep 11 2014 01:46 Jun 25, 2015 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.IS S1647

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1 tion 134 an amount determined by multiplying 

2 the set-aside amount by the proportion that— 

3 ‘‘(i) the amount apportioned to the 

4 State to carry out section 134 for fiscal 

5 year 2009; bears to 

6 ‘‘(ii) the total amount of funds appor7 tioned to the State for that fiscal year for 

8 the programs referred to in section 

9 105(a)(2), except for the high priority 

10 projects program referred to in section 

11 105(a)(2)(H) (as in effect on the day be12 fore the date of enactment of MAP–21 

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

14 and 

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

16 subparagraph (G)), in the matter preceding 

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

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

19 ‘‘remaining under subsection (c) after making 

20 the set-aside in accordance with paragraph (5) 

21 and section 213(a)’’; and 

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

23 following: 

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


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

2 years 2016 through 2021, the amount for each 

3 State of combined apportionments for the na4 tional highway performance program under sec5 tion 119, the surface transportation program 

6 under section 133, the highway safety improve7 ment program under section 148, the conges8 tion mitigation and air quality improvement 

9 program under section 149, the national freight 

10 program under section 167, the transportation 

11 alternatives program under section 213, and to 

12 carry out section 134, shall be determined as 

13 follows: 

14 ‘‘(i) INITIAL AMOUNT.—The initial 

15 amount for each State shall be determined 

16 by multiplying the total amount available 

17 for apportionment by the share for each 

18 State, which shall be equal to the propor19 tion that— 

20 ‘‘(I) the amount of apportion21 ments that the State received for fis22 cal year 2014; bears to 

23 ‘‘(II) the amount of those appor24 tionments received by all States for 

25 that fiscal year. 


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1 ‘‘(ii) ADJUSTMENTS TO AMOUNTS.— 

2 The initial amounts resulting from the cal3 culation under clause (i) shall be adjusted 

4 to ensure that, for each State, the amount 

5 of combined apportionments for the pro6 grams shall not be less than 95 percent of 

7 the estimated tax payments attributable to 

8 highway users in the State paid into the 

9 Highway Trust Fund (other than the Mass 

10 Transit Account) in the most recent fiscal 

11 year for which data are available. 

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

13 of fiscal years 2016 through 2021, on October 

14 1, the Secretary shall apportion the sum au15 thorized to be appropriated for expenditure on 

16 the national highway performance program 

17 under section 119, the surface transportation 

18 program under section 133, the highway safety 

19 improvement program under section 148, the 

20 congestion mitigation and air quality improve21 ment program under section 149, the national 

22 freight program under section 167, the trans23 portation alternatives program under section 

24 213, and to carry out section 134 in accordance 

25 with subparagraph (A).’’. 


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1 (b) CONFORMING AMENDMENTS.— 

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

3 States Code, is amended by striking ‘‘subsection 

4 (b)(5)’’ each place it appears and inserting ‘‘para5 graphs (5)(D) and (6) of subsection (b)’’. 

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

7 Code, is amended— 

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

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

10 inserting ‘‘(5)(D), or (6)’’; and 

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

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

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

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

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

16 104(b)’’. 

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

18 Code, is amended in the first sentence by striking 

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

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

21 104(b)’’. 

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

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

24 through (5) of section 104(b)’’ and inserting ‘‘para25 graphs (1) through (6) of section 104(b)’’. 


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

2 Code, is amended in the matter preceding paragraph 

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

4 ‘‘through (5)’’. 

5 SEC. 1004. SURFACE TRANSPORTATION PROGRAM. 

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

7 amended— 

8 (1) in subsection (b)— 

9 (A) in paragraph (10), by inserting ‘‘, in10 cluding emergency evacuation plans’’ after 

11 ‘‘programs’’; and 

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

13 at the end; 

14 (2) in subsection (c)— 

15 (A) in paragraph (1), by striking the semi16 colon at the end and inserting ‘‘or for projects 

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

18 (20), (25), and (26) of subsection (b); and’’; 

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

20 (C) by redesignating paragraph (3) as 

21 paragraph (2); 

22 (3) in subsection (d)— 

23 (A) in paragraph (1)— 

24 (i) in subparagraph (A)— 


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1 (I) in the matter preceding clause 

2 (i), by striking ‘‘50 percent’’ and in3 serting ‘‘55 percent’’; 

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

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

6 ‘‘of 5,000 or more’’; and 

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

8 and’’ at the end and inserting a pe9 riod; and 

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

11 ‘‘50 percent’’ and inserting ‘‘45 percent’’; 

12 and 

13 (B) in paragraph (3)— 

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

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

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

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

18 5,000 to 200,000’’; 

19 (4) in subsection (f)(1)— 

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

21 ‘‘104(b)(2)’’; and 

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

23 2011 through 2014’’ and inserting ‘‘each fiscal 

24 year’’; 


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1 (5) by redesignating subsection (h) as sub2 section (i); 

3 (6) in subsection (g)— 

4 (A) by striking the subsection designation 

5 and heading and all that follows through para6 graph (1) and inserting the following: 

7 ‘‘(g) BRIDGES OFF THE NATIONAL HIGHWAY SYS8 TEM.— 

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

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

11 highway bridge located on a public road, other than 

12 a bridge on the National Highway System.’’; 

13 (B) in paragraph (2)— 

14 (i) by striking subparagraph (A) and 

15 inserting the following: 

16 ‘‘(A) SET-ASIDE.—Each State shall obli17 gate for replacement (including replacement 

18 with fill material), rehabilitation, preservation, 

19 and protection (including scour counter20 measures, seismic retrofits, impact protection 

21 measures, security countermeasures, and pro22 tection against extreme events) for off-NHS 

23 bridges an amount equal to the greater of— 


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1 ‘‘(i) 15 percent of the amount appor2 tioned to the State under section 

3 104(b)(2); and 

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

5 percent of the amount of funds the State 

6 set aside for off-system bridges in fiscal 

7 year 2014.’’; and 

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

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

10 and 

11 (C) by redesignating paragraph (3) as sub12 section (h); 

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

14 (A) by striking the heading and inserting 

15 ‘‘CREDIT FOR BRIDGES NOT ON THE NA16 TIONAL HIGHWAY SYSTEM.—’’; 

17 (B) by redesignating subparagraphs (A) 

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

19 and indenting appropriately; and 

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

21 (as so redesignated)— 

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

23 bridge or rehabilitation of’’; and 


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

2 by the Secretary upon completion to be no 

3 longer a deficient bridge’’; and 

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

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

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

7 2014’’ and inserting ‘‘under subsection (d)(1)(A)(ii) 

8 for each fiscal year’’. 

9 SEC. 1005. METROPOLITAN TRANSPORTATION PLANNING. 

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

11 amended— 

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

13 before ‘‘surface transportation systems’’; 

14 (2) in subsection (c)(2), by striking ‘‘and bicy15 cle transportation facilities’’ and inserting ‘‘, bicycle 

16 transportation facilities, intermodal facilities that 

17 support intercity transportation, including intercity 

18 buses and intercity bus facilities, and commuter van19 pool providers’’; 

20 (3) in subsection (d)— 

21 (A) by redesignating paragraphs (3) 

22 through (6) as paragraphs (4) through (7), re23 spectively; 

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

25 following: 


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1 ‘‘(3) REPRESENTATION.— 

2 ‘‘(A) IN GENERAL.—Designation or selec3 tion of officials or representatives under para4 graph (2) shall be determined by the metropoli5 tan planning organization according to the by6 laws or enabling statute of the organization. 

7 ‘‘(B) PUBLIC TRANSPORTATION REP8 RESENTATIVE.—Subject to the bylaws or ena9 bling statute of the metropolitan planning orga10 nization, a representative of a provider of public 

11 transportation may also serve as a representa12 tive of a local municipality. 

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

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

15 have responsibilities, actions, duties, voting 

16 rights, and any other authority commensurate 

17 with other officials described in paragraph 

18 (2)(B).’’; and 

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

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

21 and inserting ‘‘paragraph (6)’’; 

22 (4) in subsection (e)(4)(B), by striking ‘‘sub23 section (d)(5)’’ and inserting ‘‘subsection (d)(6)’’; 


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1 (5) in subsection (g)(3)(A), by inserting ‘‘nat2 ural disaster risk reduction,’’ after ‘‘environmental 

3 protection,’’; 

4 (6) in subsection (h)— 

5 (A) in paragraph (1)— 

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

7 ‘‘and’’ at the end; 

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

9 the period at the end and inserting ‘‘; 

10 and’’; and 

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

13 ‘‘(I) improve the resilience and reliability 

14 of the transportation system.’’; and 

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

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

17 ‘‘and the general purposes described in section 

18 5301 of title 49’’; 

19 (7) in subsection (i)— 

20 (A) in paragraph (2)— 

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

22 ‘‘transit’’ and inserting ‘‘public transpor23 tation facilities, intercity bus facilities’’; 

24 (ii) in subparagraph (G)— 


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

2 inserting ‘‘, provide’’; and 

3 (II) by inserting ‘‘, and reduce 

4 vulnerability due to natural disasters 

5 of the existing transportation infra6 structure’’ before the period at the 

7 end; and 

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

9 ‘‘, including consideration of the role that 

10 intercity buses may play in reducing con11 gestion, pollution, and energy consumption 

12 in a cost-effective manner and strategies 

13 and investments that preserve and enhance 

14 intercity bus systems, including systems 

15 that are privately owned and operated’’ be16 fore the period at the end; 

17 (B) in paragraph (6)(A)— 

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

19 ‘‘freight shippers,’’; and 

20 (ii) by inserting ‘‘(including intercity 

21 bus operators and commuter vanpool pro22 viders)’’ after ‘‘private providers of trans23 portation’’; and 

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

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


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1 (8) in subsection (j)(5)(A), by striking ‘‘sub2 section (k)(4)’’ and inserting ‘‘subsection (k)(3)’’; 

3 (9) in subsection (k)— 

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

5 (B) by redesignating paragraphs (4) and 

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

7 (10) in subsection (l)— 

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

9 at the end; and 

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

11 less than 200,000’’ and inserting ‘‘with a popu12 lation of 200,000 or less’’; 

13 (11) by striking subsection (n); 

14 (12) by redesignating subsections (o) through 

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

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

17 striking ‘‘set aside under section 104(f)’’ and insert18 ing ‘‘apportioned under paragraphs (5)(D) and (6) 

19 of section 104(b)’’. 

20 SEC. 1006. STATEWIDE AND NONMETROPOLITAN TRANS21 PORTATION PLANNING. 

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

23 States Code, is amended— 

24 (1) in subsection (a)(2), by striking ‘‘and bicy25 cle transportation facilities’’ and inserting ‘‘, bicycle 


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1 transportation facilities, intermodal facilities that 

2 support intercity transportation, including intercity 

3 buses and intercity bus facilities, and commuter van4 pool providers’’; 

5 (2) in subsection (d)— 

6 (A) in paragraph (1)— 

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

8 ‘‘and’’ at the end; 

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

10 the period at the end and inserting ‘‘; 

11 and’’; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(I) improve the resilience and reliability 

15 of the transportation system.’’; and 

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

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

18 ‘‘and the general purposes described in section 

19 5301 of title 49’’; 

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

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

22 (4) in subsection (f)— 

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

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

25 (l)’’; 


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1 (B) in paragraph (3)(A)— 

2 (i) in clause (i), by striking ‘‘sub3 section (m)’’ and inserting ‘‘subsection 

4 (l)’’; and 

5 (ii) in clause (ii), by inserting ‘‘(in6 cluding intercity bus operators and com7 muter vanpool providers)’’ after ‘‘private 

8 providers of transportation’’; 

9 (C) in paragraph (7), in the matter pre10 ceding subparagraph (A), by striking ‘‘should’’ 

11 and inserting ‘‘shall’’; and 

12 (D) in paragraph (8), by inserting ‘‘, in13 cluding consideration of the role that intercity 

14 buses may play in reducing congestion, pollu15 tion, and energy consumption in a cost-effective 

16 manner and strategies and investments that 

17 preserve and enhance intercity bus systems, in18 cluding systems that are privately owned and 

19 operated’’ before the period at the end; 

20 (5) in subsection (g)— 

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

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

23 (l)’’; 

24 (B) in paragraph (3)— 


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

2 ‘‘freight shippers’’; and 

3 (ii) by inserting ‘‘(including intercity 

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

5 transportation’’; and 

6 (C) in paragraph (6)(A), by striking ‘‘sub7 section (m)’’ and inserting ‘‘subsection (l)’’; 

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

9 (7) by redesignating subsections (k) through 

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

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

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

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

14 SEC. 1007. HIGHWAY USE TAX EVASION PROJECTS. 

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

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

17 following: 

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

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

20 Secretary shall deduct such sums as are nec21 essary, not to exceed $4,000,000 for each fiscal 

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

23 SEC. 1008. BUNDLING OF BRIDGE PROJECTS. 

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

25 amended— 


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

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

3 natural condition of the water’’; 

4 (2) by redesignating subsection (j) as sub5 section (k); 

6 (3) by inserting after subsection (i) the fol7 lowing: 

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

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

10 is to save costs and time by encouraging States to 

11 bundle multiple bridge projects as 1 project. 

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

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

14 entity eligible to carry out a bridge project under 

15 section 119 or 133. 

16 ‘‘(3) BUNDLING OF BRIDGE PROJECTS.—An eli17 gible entity may bundle 2 or more similar bridge 

18 projects that are— 

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

20 133; 

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

22 transportation improvement program under sec23 tion 134(j) or a statewide transportation im24 provement program under section 135, as appli25 cable; and 


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1 ‘‘(C) awarded to a single contractor or con2 sultant pursuant to a contract for engineering 

3 and design or construction between the con4 tractor and an eligible entity. 

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

6 provision of law (including regulations), an eligible 

7 bridge project included in a bundle under this sub8 section may be listed as— 

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

10 and 135; and 

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

12 bundle. 

13 ‘‘(5) FINANCIAL CHARACTERISTICS.—Projects 

14 bundled under this subsection shall have the same fi15 nancial characteristics, including— 

16 ‘‘(A) the same funding category or sub17 category; and 

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

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

20 paragraph (2)), by striking ‘‘104(b)(3)’’ and insert21 ing ‘‘104(b)(2)’’. 

22 SEC. 1009. FLEXIBILITY FOR CERTAIN RURAL ROAD AND 

23 BRIDGE PROJECTS. 

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

25 rural bridge projects eligible for funding under title 23, 


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1 United States Code, subject to the provisions of this sec2 tion and on request by a State, the Secretary may— 

3 (1) exercise all existing flexibilities under and 

4 exceptions to— 

5 (A) the requirements of title 23, United 

6 States Code; and 

7 (B) other requirements administered by 

8 the Secretary, in whole or part; and 

9 (2) otherwise provide additional flexibility or ex10 pedited processing with respect to the requirements 

11 described in paragraph (1). 

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

13 bridge project under this section shall— 

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

15 most recent decennial census— 

16 (A) has a population density of 20 or fewer 

17 persons per square mile of land area; or 

18 (B) is the county that has the lowest popu19 lation density of all counties in the State; 

20 (2) be located within the operational right-of21 way (as defined in section 1316(b) of MAP–21 (23 

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

23 or bridge; and 

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

25 funds; or 


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

2 than $30,000,000 and Federal funds com3 prising less than 15 percent of the total esti4 mated project cost. 

5 (c) PROCESS TO ASSIST RURAL PROJECTS.— 

6 (1) ASSISTANCE WITH FEDERAL REQUIRE7 MENTS.— 

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

9 section, the Secretary shall seek to provide, to 

10 the maximum extent practicable, regulatory re11 lief and flexibility consistent with this section. 

12 (B) EXCEPTIONS, EXEMPTIONS, AND ADDI13 TIONAL FLEXIBILITY.—Exceptions, exemptions, 

14 and additional flexibility from regulatory re15 quirements may be granted if, in the opinion of 

16 the Secretary— 

17 (i) the project is not expected to have 

18 a significant adverse impact on the envi19 ronment; 

20 (ii) the project is not expected to have 

21 an adverse impact on safety; and 

22 (iii) the assistance would be in the 

23 public interest for 1 or more reasons, in24 cluding— 

25 (I) reduced project costs; 


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1 (II) expedited construction, par2 ticularly in an area where the con3 struction season is relatively short and 

4 not granting the waiver or additional 

5 flexibility could delay the project to a 

6 later construction season; or 

7 (III) improved safety. 

8 (2) MAINTAINING PROTECTIONS.—Nothing in 

9 this subsection— 

10 (A) waives the requirements of section 113 

11 or 138 of title 23, United States Code; 

12 (B) supersedes, amends, or modifies— 

13 (i) the National Environmental Policy 

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

15 any other Federal environmental law; or 

16 (ii) any requirement of title 23, 

17 United States Code; or 

18 (C) affects the responsibility of any Fed19 eral officer to comply with or enforce any law 

20 or requirement described in this paragraph. 

21 SEC. 1010. CONSTRUCTION OF FERRY BOATS AND FERRY 

22 TERMINAL FACILITIES. 

23 (a) CONSTRUCTION OF FERRY BOATS AND FERRY

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

25 States Code, is amended— 


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1 (1) in subsection (a), by striking ‘‘IN GEN2 ERAL’’ and inserting ‘‘PROGRAM’’; 

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

4 inserting the following: 

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

6 subsection (c)— 

7 ‘‘(1) 35 percent shall be allocated among eligi8 ble entities in the proportion that— 

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

11 ferry system in the most recent calendar year 

12 for which data is available; bears to 

13 ‘‘(B) the number of ferry passengers, in14 cluding passengers in vehicles, carried by all 

15 ferry systems in the most recent calendar year 

16 for which data is available; 

17 ‘‘(2) 35 percent shall be allocated among eligi18 ble entities in the proportion that— 

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

20 each ferry system in the most recent calendar 

21 year for which data is available; bears to 

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

23 ferry systems in the most recent calendar year 

24 for which data is available; and 


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1 ‘‘(3) 30 percent shall be allocated among eligi2 ble entities in the proportion that— 

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

4 by each ferry system in the most recent cal5 endar year for which data is available; bears to 

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

7 by all ferry systems in the most recent calendar 

8 year for which data is available. 

9 ‘‘(e) REDISTRIBUTION OF UNOBLIGATED

10 AMOUNTS.—The Secretary shall— 

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

12 entity under subsection (c) that remain unobligated 

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

14 year for which the amounts were allocated; and 

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

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

17 with the formula under subsection (d) among eligible 

18 entities for which no amounts were withdrawn under 

19 paragraph (1). 

20 ‘‘(f) MINIMUM AMOUNT.—Notwithstanding sub21 section (c), a State with an eligible entity that meets the 

22 requirements of this section shall receive not less than 

23 $100,000 under this section for a fiscal year. 

24 ‘‘(g) IMPLEMENTATION.— 

25 ‘‘(1) DATA COLLECTION.— 


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1 ‘‘(A) NATIONAL FERRY DATABASE.— 

2 Amounts made available for a fiscal year under 

3 this section shall be allocated using the most re4 cent data available, as collected and imputed in 

5 accordance with the national ferry database es6 tablished under section 1801(e) of SAFETEA– 

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

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

9 eligible to receive funds under subsection (c), 

10 data shall have been submitted in the most re11 cent collection of data for the national ferry 

12 database under section 1801(e) of SAFETEA– 

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

14 at least 1 ferry service within the State. 

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

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

17 may make adjustments to the data as the Secretary 

18 determines necessary to correct misreported or in19 consistent data. 

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

21 is authorized to be appropriated out of the Highway Trust 

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

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

24 through 2021. 


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

2 section 118(b), funds made available to carry out this sec3 tion shall remain available until expended. 

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

5 that are applicable to the National Highway System, other 

6 than provisions relating to apportionment formula and 

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

8 out this section, except as determined by the Secretary 

9 to be inconsistent with this section.’’. 

10 (b) NATIONAL FERRY DATABASE.—Section 

11 1801(e)(4) of SAFETEA–LU (23 U.S.C. 129 note; 119 

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

13 inserting the following: 

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

15 made available for each fiscal year to carry out 

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

17 to maintain the database.’’. 

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

19 title 23, United States Code, is amended— 

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

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

22 under chapter 53 of title 49’’ after ‘‘Interstate Sys23 tem’’; 

24 (2) in paragraph (3)— 


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1 (A) by striking ‘‘(3) Such ferry’’ and in2 serting ‘‘(3)(A) The ferry’’; and 

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

4 ‘‘(B) Any Federal participation shall not 

5 involve the construction or purchase, for private 

6 ownership, of a ferry boat, ferry terminal facil7 ity, or other eligible project under this sec8 tion.’’; 

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

10 and inserting ‘‘repair,’’; and 

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

12 following: 

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

14 accordance with section 116. 

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

16 Federal participation under this title may be sold, 

17 leased, or otherwise disposed of, except in accord18 ance with part 18 of title 49, Code of Federal Regu19 lations (as in effect on December 18, 2014). 

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

21 a disposition referred to in subparagraph (A) shall 

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

23 SEC. 1011. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

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

25 amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (4)(B)— 

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

4 by striking ‘‘includes, but is not limited 

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

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

8 ‘‘(xxv) Installation of vehicle-to-infra9 structure communication equipment. 

10 ‘‘(xxvi) Pedestrian hybrid beacons. 

11 ‘‘(xxvii) Roadway improvements that 

12 provide separation between pedestrians and 

13 motor vehicles, including medians and pe14 destrian crossing islands. 

15 ‘‘(xxviii) An infrastructure safety 

16 project not described in clauses (i) through 

17 (xxvii).’’; and 

18 (B) by striking paragraph (10) and redes19 ignating paragraphs (11) through (13) as para20 graphs (10) through (12), respectively; 

21 (2) in subsection (c)(1)(A), by striking ‘‘sub22 section (a)(12)’’ and inserting ‘‘subsection (a)(11)’’; 

23 (3) in subsection (d)(2)(B)(i), by striking ‘‘sub24 section (a)(12)’’ and inserting ‘‘subsection (a)(11)’’; 

25 and 


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1 (4) in subsection (g)(1)— 

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

3 ‘‘does not decrease’’; and 

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

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

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

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

8 amended by adding at the end the following: 

9 ‘‘(k) DATA COLLECTION ON UNPAVED PUBLIC

10 ROADS.— 

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

12 collect fundamental data elements for the model in13 ventory of roadway elements on public roads that 

14 are gravel roads or otherwise unpaved if— 

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

16 roads in the State are gravel roads or otherwise 

17 unpaved; and 

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

19 the State occur on those unpaved public roads; 

20 or 

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

22 roads in the State are gravel roads or otherwise 

23 unpaved; and 

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

25 the State occur on those unpaved public roads. 


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1 ‘‘(2) CALCULATION.—The percentages de2 scribed in paragraph (1) shall be based on the aver3 age for the 5 most recent years for which relevant 

4 data is available. 

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

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

7 the State shall not use funds provided to carry out 

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

9 completes a collection of the required model inven10 tory of roadway elements for the road.’’. 

11 SEC. 1013. CONGESTION MITIGATION AND AIR QUALITY IM12 PROVEMENT PROGRAM. 

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

14 amended— 

15 (1) in subsection (b)— 

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

17 ‘‘in the designated nonattainment area’’ after 

18 ‘‘air quality standard’’; 

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

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

21 attainment’’; 

22 (C) in paragraph (4), by striking ‘‘attain23 ment of’’ and inserting ‘‘attainment or mainte24 nance of the area of’’; and 

25 (D) in paragraph (8)(A)(ii)— 


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1 (i) in the matter preceding subclause 

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

3 operations’’ after ‘‘construction projects’’; 

4 and 

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

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

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

8 priority to corridors designated under section 151)’’ 

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

10 (3) in subsection (d)— 

11 (A) in paragraph (2)— 

12 (i) in subparagraph (A)— 

13 (I) in the matter preceding clause 

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

15 eligible under subsection (b) if the 

16 project were carried out in a non17 attainment or maintenance area or’’ 

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

19 and 

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

21 ‘‘(excluding the amount of funds re22 served under paragraph (1))’’; and 

23 (ii) in subparagraph (B)(i), by strik24 ing ‘‘MAP–21t’’ and inserting ‘‘MAP–21’’; 

25 and 


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

2 manner consistent with the approach that was 

3 in effect on the day before the date of enact4 ment of MAP–21,’’ after ‘‘the Secretary shall 

5 modify’’; 

6 (4) in subsection (g)— 

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

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

9 (B) in paragraph (3)— 

10 (i) by striking ‘‘States and metropoli11 tan’’ and inserting the following: 

12 ‘‘(A) IN GENERAL.—States and metropoli13 tan’’; 

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

15 and inserting ‘‘reduce directly emitted’’; 

16 and 

17 (iii) by adding at the end the fol18 lowing: 

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

20 maximum extent practicable, PM2.5 priority 

21 funding shall be used on the most cost-effective 

22 projects and programs that are proven to re23 duce directly emitted fine particulate matter.’’; 

24 (5) in subsection (k)— 

25 (A) in paragraph (1)— 


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1 (i) by striking ‘‘that has a nonattain2 ment or maintenance area’’ and inserting 

3 ‘‘that has 1 or more nonattainment or 

4 maintenance areas’’; 

5 (ii) by striking ‘‘a nonattainment or 

6 maintenance area that are’’ and inserting 

7 ‘‘the nonattainment or maintenance areas 

8 that are’’; 

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

10 places it appears and inserting ‘‘such 

11 areas’’; and 

12 (iv) by striking ‘‘such fine particu13 late’’ and inserting ‘‘directly emitted fine 

14 particulate’’; 

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

16 construction’’ and inserting ‘‘transportation 

17 construction’’; and 

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

19 ‘‘(3) PM2.5 NONATTAINMENT AND MAINTE20 NANCE IN LOW POPULATION DENSITY STATES.— 

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

22 population density of 75 or fewer persons per 

23 square mile of land area, based on the most re24 cent decennial census, the requirements under 

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


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1 this subsection shall not apply to a nonattain2 ment or maintenance area in the State if— 

3 ‘‘(i) the nonattainment or mainte4 nance area does not have projects that are 

5 part of the emissions analysis of a metro6 politan transportation plan or transpor7 tation improvement program; and 

8 ‘‘(ii) regional motor vehicle emissions 

9 are an insignificant contributor to the air 

10 quality problem for PM2.5 in the non11 attainment or maintenance area. 

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

13 applies to a nonattainment or maintenance area 

14 in a State, the percentage of the PM2.5 set15 aside under paragraph (1) shall be reduced for 

16 that State proportionately based on the weight17 ed population of the area in fine particulate 

18 matter nonattainment. 

19 ‘‘(4) PORT-RELATED EQUIPMENT AND VEHI20 CLES.—To meet the requirements under paragraph 

21 (1), a State or metropolitan planning organization 

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

23 projects to reduce emissions from port-related 

24 landside nonroad or on-road equipment that is operVerDate Sep 11 2014 01:46 Jun 25, 2015 Jkt 049200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.IS S1647

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1 ated within the boundaries of a PM2.5 nonattain2 ment or maintenance area.’’; 

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

4 quality and traffic congestion’’ before ‘‘performance 

5 targets’’; and 

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

7 104(b)(2)’’ and inserting ‘‘section 104(b)(4)’’. 

8 SEC. 1014. NATIONAL FREIGHT PROGRAM. 

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

10 States Code, is amended to read as follows: 

11 ‘‘§ 167. National freight program 

12 ‘‘(a) ESTABLISHMENT.— 

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

14 United States to improve the condition and perform15 ance of the national highway freight network to en16 sure that the national freight network provides the 

17 foundation for the United States to compete in the 

18 global economy and achieve each goal described in 

19 subsection (b). 

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

21 described in subsection (b), the Secretary shall es22 tablish a national freight program in accordance 

23 with this section to improve the efficient movement 

24 of freight on the national highway freight network. 


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1 ‘‘(b) GOALS.—The goals of the national freight pro2 gram are— 

3 ‘‘(1) to invest in infrastructure improvements 

4 and to implement operational improvements on the 

5 highways of the United States that— 

6 ‘‘(A) strengthen the contribution of the na7 tional highway freight network to the economic 

8 competitiveness of the United States; 

9 ‘‘(B) reduce congestion and relieve bottle10 necks in the freight transportation system; 

11 ‘‘(C) reduce the cost of freight transpor12 tation; 

13 ‘‘(D) improve the reliability of freight 

14 transportation; and 

15 ‘‘(E) increase productivity, particularly for 

16 domestic industries and businesses that create 

17 high-value jobs; 

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

19 and resiliency of freight transportation in rural and 

20 urban areas; 

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

22 national highway freight network; 

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

24 safety and efficiency of the national highway freight 

25 network; 


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1 ‘‘(5) to incorporate concepts of performance, in2 novation, competition, and accountability into the 

3 operation and maintenance of the national highway 

4 freight network; 

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

6 of the national highway freight network; and 

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

8 freight movement. 

9 ‘‘(c) ESTABLISHMENT OF A NATIONAL HIGHWAY

10 FREIGHT NETWORK.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall estab12 lish a national highway freight network in accord13 ance with this section to assist States in strategically 

14 directing resources toward improved system perform15 ance for efficient movement of freight on highways. 

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

17 highway freight network shall consist of— 

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

19 as designated under subsection (d); 

20 ‘‘(B) critical rural freight corridors estab21 lished under subsection (e); 

22 ‘‘(C) critical urban freight corridors estab23 lished under subsection (f); and 

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

25 not designated as part of the primary highway 


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1 freight system, including designated future 

2 Interstate System routes as of the date of en3 actment of the DRIVE Act. 

4 ‘‘(d) DESIGNATION AND REDESIGNATION OF THE

5 PRIMARY HIGHWAY FREIGHT SYSTEM.— 

6 ‘‘(1) INITIAL DESIGNATION OF PRIMARY HIGH7 WAY FREIGHT SYSTEM.—The initial designation of 

8 the primary highway freight system shall be— 

9 ‘‘(A) the network designated by the Sec10 retary under section 167(d) of title 23, United 

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

12 date of enactment of the DRIVE Act; and 

13 ‘‘(B) all National Highway System freight 

14 intermodal connectors. 

15 ‘‘(2) REDESIGNATION OF PRIMARY HIGHWAY

16 FREIGHT SYSTEM.— 

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

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

19 DRIVE Act and every 5 years thereafter, using 

20 the designation factors described in subpara21 graph (E), the Secretary shall redesignate the 

22 primary highway freight system (including any 

23 additional mileage added to the primary high24 way freight system under this paragraph as of 


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1 the date on which the redesignation process is 

2 effective). 

3 ‘‘(B) MILEAGE.— 

4 ‘‘(i) FIRST REDESIGNATION.—In re5 designating the primary highway freight 

6 system on the date that is 1 year after the 

7 date of enactment of the DRIVE Act, the 

8 Secretary shall limit the system to 30,000 

9 centerline miles, without regard to the 

10 connectivity of the primary highway freight 

11 system. 

12 ‘‘(ii) SUBSEQUENT REDESIGNA13 TIONS.—Each redesignation after the re14 designation described in clause (i), the Sec15 retary may increase the primary highway 

16 freight system by up to 5 percent of the 

17 total mileage of the system, without regard 

18 to the connectivity of the primary highway 

19 freight system. 

20 ‘‘(C) CONSIDERATIONS.— 

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

22 the primary highway freight system, to the 

23 maximum extent practicable, the Secretary 

24 shall use measurable data to assess the 

25 significance of goods movement, including 


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1 consideration of points of origin, destina2 tion, and linking components of the United 

3 States global and domestic supply chains. 

4 ‘‘(ii) INTERMODAL CONNECTORS.—In 

5 redesignating the primary highway freight 

6 system, the Secretary shall include all Na7 tional Highway System freight intermodal 

8 connectors. 

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

10 provided to State freight advisory committees 

11 under paragraph (3), in redesignating the pri12 mary highway freight system, the Secretary 

13 shall provide an opportunity for State freight 

14 advisory committees to submit additional miles 

15 for consideration. 

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

17 redesignating the primary highway freight sys18 tem, the Secretary shall consider— 

19 ‘‘(i) the origins and destinations of 

20 freight movement in, to, and from the 

21 United States; 

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

23 ‘‘(iii) access to energy exploration, de24 velopment, installation, or production 

25 areas; 


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1 ‘‘(iv) proximity of access to other 

2 freight intermodal facilities, including rail, 

3 air, water, and pipelines; 

4 ‘‘(v) the total freight tonnage and 

5 value moved via highways; 

6 ‘‘(vi) significant freight bottlenecks, as 

7 identified by the Secretary; 

8 ‘‘(vii) the annual average daily truck 

9 traffic on principal arterials; and 

10 ‘‘(viii) the significance of goods move11 ment on principal arterials, including con12 sideration of global and domestic supply 

13 chains. 

14 ‘‘(3) STATE FLEXIBILITY FOR ADDITIONAL

15 MILES ON PRIMARY HIGHWAY FREIGHT SYSTEM.— 

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

17 after each redesignation conducted by the Sec18 retary under paragraph (2), each State freight 

19 advisory committee, as established in accord20 ance with subsection (n), may increase the 

21 number of miles designated as part of the pri22 mary highway freight system in that State by 

23 not more than 10 percent of the miles des24 ignated in that State under this subsection if 

25 the additional miles— 


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1 ‘‘(i) close gaps between primary high2 way freight system segments; 

3 ‘‘(ii) establish connections of the pri4 mary highway freight system critical to the 

5 efficient movement of goods, including 

6 ports, international border crossings, air7 ports, intermodal facilities, logistics cen8 ters, warehouses, and agricultural facili9 ties; or 

10 ‘‘(iii) designate critical emerging 

11 freight routes. 

12 ‘‘(B) CONSIDERATIONS.—Each State 

13 freight advisory committee that increases the 

14 number of miles on the primary highway freight 

15 system under subparagraph (A) shall— 

16 ‘‘(i) consider nominations for the ad17 ditional miles from metropolitan planning 

18 organizations within the State; 

19 ‘‘(ii) ensure that the additional miles 

20 are consistent with the freight plan of the 

21 State; and 

22 ‘‘(iii) review the primary highway 

23 freight system of the State designated 

24 under paragraph (1) and redesignate miles 


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1 in a manner that is consistent with para2 graph (2). 

3 ‘‘(C) SUBMISSION.—Each State freight ad4 visory committee shall— 

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

6 the additional miles added under this sub7 section; and 

8 ‘‘(ii) certify that— 

9 ‘‘(I) the additional miles meet the 

10 requirements of subparagraph (A); 

11 and 

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

4 by heavy vehicles (including mining, agricul5 tural, energy cargo or equipment, and timber 

6 vehicles) is projected to substantially deteriorate 

7 the condition of roadways, a description of im8 provements that may be required to reduce or 

9 impede the deterioration; 

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

11 mobility issues, such as truck bottlenecks, with12 in the State, and a description of the strategies 

13 the State is employing to address those freight 

14 mobility issues; 

15 ‘‘(H) consideration of any significant con16 gestion or delay caused by freight movements 

17 and any strategies to mitigate that congestion 

18 or delay; and 

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

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

21 projects and describes how funds made avail22 able to carry out this section would be invested 

23 and matched. 

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


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1 ‘‘(A) INCORPORATION.—A freight plan de2 scribed in paragraph (1) may be developed sep3 arately from or incorporated into the statewide 

4 strategic long-range transportation plan re5 quired by section 135. 

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

7 investment plan component of a freight plan 

8 shall include a project, or an identified phase of 

9 a project, only if funding for completion of the 

10 project can reasonably be anticipated to be 

11 available for the project within the time period 

12 identified in the freight investment plan. 

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

14 shall address a 10-year forecast period. 

15 ‘‘(5) UPDATES.— 

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

17 the freight plan not less frequently than once 

18 every 5 years. 

19 ‘‘(B) FREIGHT INVESTMENT PLAN.—A 

20 State may update the freight investment plan 

21 more frequently than is required under sub22 paragraph (A). 

23 ‘‘(p) INTELLIGENT FREIGHT TRANSPORTATION SYS24 TEM.— 


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1 ‘‘(1) DEFINITION OF INTELLIGENT FREIGHT

2 TRANSPORTATION SYSTEM.—In this section, the 

3 term ‘intelligent freight transportation system’ 

4 means— 

5 ‘‘(A) an innovative or intelligent techno6 logical transportation system, infrastructure, or 

7 facilities, including electronic roads, driverless 

8 trucks, elevated freight transportation facilities, 

9 and other intelligent freight transportation sys10 tems; and 

11 ‘‘(B) a communications or information 

12 processing system used singly or in combination 

13 for dedicated intelligent freight lanes and con14 veyances that improve the efficiency, security, 

15 or safety of freight on the Federal-aid highway 

16 system or that operate to convey freight or im17 prove existing freight movements. 

18 ‘‘(2) LOCATION.—An intelligent freight trans19 portation system shall be located— 

20 ‘‘(A)(i) along existing Federal-aid high21 ways; or 

22 ‘‘(ii) in a manner that connects ports-of23 entry to existing Federal-aid highways; and 

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

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


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1 ‘‘(3) OPERATING STANDARDS.—The Adminis2 trator of the Federal Highway Administration shall 

3 determine the need for establishing operating stand4 ards for intelligent freight transportation systems.’’. 

5 (b) CONFORMING AMENDMENTS.— 

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

7 United States Code, is amended by adding at the 

8 end the following: 

‘‘167. National freight program.’’. 

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

10 (23 U.S.C. 167 note; Public Law 112–141) are re11 pealed. 

12 SEC. 1015. ASSISTANCE FOR MAJOR PROJECTS PROGRAM. 

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

14 States Code, is amended by adding at the end the fol15 lowing: 

16 ‘‘§ 171. Assistance for major projects program 

17 ‘‘(a) PURPOSE OF PROGRAM.—The purpose of the as18 sistance for major projects program shall be to assist in 

19 funding critical high-cost surface transportation infra20 structure projects that— 

21 ‘‘(1) are difficult to complete with existing Fed22 eral, State, local, and private funds; and 

23 ‘‘(2) will achieve 1 or more of— 


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1 ‘‘(A) generation of national or regional 

2 economic benefits and an increase in the global 

3 economic competitiveness of the United States; 

4 ‘‘(B) reduction of congestion and the im5 pacts of congestion; 

6 ‘‘(C) improvement of roadways vital to na7 tional energy security; 

8 ‘‘(D) improvement of the efficiency, reli9 ability, and affordability of the movement of 

10 freight; 

11 ‘‘(E) improvement of transportation safety; 

12 ‘‘(F) improvement of existing and des13 ignated future Interstate System routes; or 

14 ‘‘(G) improvement of the movement of peo15 ple through improving rural connectivity and 

16 metropolitan accessibility. 

17 ‘‘(b) DEFINITIONS.—In this section: 

18 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis19 trator’ means the Administrator of the Federal 

20 Highway Administration. 

21 ‘‘(2) ELIGIBLE APPLICANT.—The term ‘eligible 

22 applicant’ means— 

23 ‘‘(A) a State (or a group of States); 

24 ‘‘(B) a local government; 


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1 ‘‘(C) a tribal government (or a consortium 

2 of tribal governments); 

3 ‘‘(D) a transit agency; 

4 ‘‘(E) a special purpose district or a public 

5 authority with a transportation function; 

6 ‘‘(F) a port authority; 

7 ‘‘(G) a political subdivision of a State or 

8 local government; 

9 ‘‘(H) a Federal land management agency, 

10 jointly with the applicable State; or 

11 ‘‘(I) a multistate or multijurisdictional 

12 group of entities described in subparagraphs 

13 (A) through (H). 

14 ‘‘(3) ELIGIBLE PROJECT.— 

15 ‘‘(A) IN GENERAL.—The term ‘eligible 

16 project’ means a surface transportation project, 

17 or a program of integrated surface transpor18 tation projects closely related in the function 

19 the projects perform, that— 

20 ‘‘(i) is a capital project that is eligible 

21 for Federal financial assistance under— 

22 ‘‘(I) this title; or 

23 ‘‘(II) chapter 53 of title 49; and 

24 ‘‘(ii) except as provided in subpara25 graph (B), has eligible project costs that 


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1 are reasonably anticipated to equal or ex2 ceed the lesser of— 

3 ‘‘(I) $350,000,000; and 

4 ‘‘(II)(aa) for a project located in 

5 a single State, 30 percent of the 

6 amount of Federal-aid highway funds 

7 apportioned to the State for the most 

8 recently completed fiscal year; 

9 ‘‘(bb) for a project located in a 

10 single rural State with a population 

11 density of 75 or fewer persons per 

12 square mile based on the most recent 

13 decennial census, 10 percent of the 

14 amount of Federal-aid highway funds 

15 apportioned to the State for the most 

16 recently completed fiscal year; or 

17 ‘‘(cc) for a project located in 

18 more than 1 State, 75 percent of the 

19 amount of Federal-aid highway funds 

20 apportioned to the participating State 

21 that has the largest apportionment for 

22 the most recently completed fiscal 

23 year. 

24 ‘‘(B) FEDERAL LAND TRANSPORTATION

25 FACILITY.—In the case of a Federal land transVerDate Sep 11 2014 01:46 Jun 25, 2015 Jkt 049200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.IS S1647

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1 portation facility, the term ‘eligible project’ 

2 means a Federal land transportation facility 

3 that has eligible project costs that are reason4 ably anticipated to equal or exceed 

5 $150,000,000. 

6 ‘‘(4) ELIGIBLE PROJECT COSTS.—The term ‘eli7 gible project costs’ means the costs of— 

8 ‘‘(A) development phase activities, includ9 ing planning, feasibility analysis, revenue fore10 casting, environmental review, preliminary engi11 neering and design work, and other 

12 preconstruction activities; and 

13 ‘‘(B) construction, reconstruction, rehabili14 tation, and acquisition of real property (includ15 ing land related to the project and improve16 ments to land), environmental mitigation, con17 struction contingencies, acquisition of equip18 ment directly related to improving system per19 formance, and operational improvements. 

20 ‘‘(5) RURAL AREA.—The term ‘rural area’ 

21 means an area that is outside of an urbanized area 

22 with a population greater than 150,000 individuals, 

23 as determined by the Bureau of the Census. 

24 ‘‘(6) RURAL STATE.—The term ‘rural State’ 

25 means a State that has a population density of 75 


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1 or fewer persons per square mile, based on the most 

2 recent decennial census. 

3 ‘‘(c) ESTABLISHMENT OF PROGRAM.—The Adminis4 trator shall establish a program in accordance with this 

5 section to provide grants for projects that will have a sig6 nificant impact on a region or the Nation. 

7 ‘‘(d) SOLICITATIONS AND APPLICATIONS.— 

8 ‘‘(1) GRANT SOLICITATIONS.—The Adminis9 trator shall conduct a transparent and competitive 

10 national solicitation process to review eligible 

11 projects for funding under this section. 

12 ‘‘(2) APPLICATIONS.— 

13 ‘‘(A) IN GENERAL.—An eligible applicant 

14 seeking a grant under this section shall submit 

15 to the Administrator an application in such 

16 form and containing such information as the 

17 Administrator determines necessary, including 

18 the total amount of the grant requested. 

19 ‘‘(B) CONTENTS.—Each application sub20 mitted under this paragraph shall include data 

21 on the most recent system performance and es22 timated system improvements that will result 

23 from completion of the eligible project, includ24 ing projections for improvements 5, 10, and 20 

25 years after completion of the project. 


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1 ‘‘(C) RESUBMISSION OF APPLICATIONS.— 

2 An eligible applicant whose project is not se3 lected under this section may resubmit an appli4 cation in a subsequent solicitation. 

5 ‘‘(e) CRITERIA FOR PROJECT EVALUATION AND SE6 LECTION.— 

7 ‘‘(1) IN GENERAL.—The Administrator may se8 lect a project for funding under this section only if 

9 the Administrator determines that the project— 

10 ‘‘(A) is consistent with the national goals 

11 described in section 150(b); 

12 ‘‘(B) will significantly improve the per13 formance of the national surface transportation 

14 network, nationally or regionally; 

15 ‘‘(C) is based on the results of preliminary 

16 engineering; 

17 ‘‘(D) is consistent with the long-range 

18 statewide transportation plan; 

19 ‘‘(E) cannot be readily and efficiently com20 pleted without Federal financial assistance; 

21 ‘‘(F) is justified based on the ability of the 

22 project to achieve 1 or more of— 

23 ‘‘(i) generation of national economic 

24 benefits that reasonably exceed the costs of 

25 the project; 


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1 ‘‘(ii) reduction of long-term conges2 tion, including impacts on a national, re3 gional, and statewide basis; 

4 ‘‘(iii) an increase in the speed, reli5 ability, and accessibility of the movement 

6 of people or freight; or 

7 ‘‘(iv) improvement of transportation 

8 safety, including reducing transportation 

9 accident and serious injuries and fatalities; 

10 and 

11 ‘‘(G) is supported by a sufficient amount 

12 of non-Federal funding, including evidence of 

13 stable and dependable financing to construct, 

14 maintain, and operate the infrastructure facil15 ity. 

16 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In evalu17 ating a project under this section, in addition to the 

18 criteria described in paragraph (1), the Adminis19 trator shall consider the extent to which the 

20 project— 

21 ‘‘(A) leverages Federal investment by en22 couraging non-Federal contributions to the 

23 project, including contributions from public-pri24 vate partnerships; 


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1 ‘‘(B) is able to begin construction by the 

2 date that is not later than 18 months after the 

3 date on which the project is selected; 

4 ‘‘(C) incorporates innovative project deliv5 ery and financing to the maximum extent prac6 ticable; 

7 ‘‘(D) helps maintain or protect the envi8 ronment; 

9 ‘‘(E) improves roadways vital to national 

10 energy security; 

11 ‘‘(F) improves or upgrades designated fu12 ture Interstate System routes; 

13 ‘‘(G) uses innovative technologies, includ14 ing intelligent transportation systems, that en15 hance the efficiency of the project; and 

16 ‘‘(H) helps to improve mobility and acces17 sibility. 

18 ‘‘(f) GEOGRAPHIC DISTRIBUTION.—In awarding 

19 grants under this section, the Administrator shall take 

20 measures to ensure, to the maximum extent practicable— 

21 ‘‘(1) an equitable geographic distribution of 

22 amounts; and 

23 ‘‘(2) an appropriate balance in addressing the 

24 needs of rural and urban communities. 

25 ‘‘(g) FUNDING REQUIREMENTS.— 


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1 ‘‘(1) IN GENERAL.—Except in the case of 

2 projects described in paragraph (2), the amount of 

3 a grant under this section shall be at least 

4 $50,000,000. 

5 ‘‘(2) RURAL PROJECTS.—The amounts made 

6 available for a fiscal year under this section for eligi7 ble projects located in rural areas or in rural States 

8 shall not be— 

9 ‘‘(A) less than 20 percent of the amount 

10 made available for the fiscal year under this 

11 section; and 

12 ‘‘(B) subject to paragraph (1). 

13 ‘‘(3) LIMITATION OF FUNDS.—Not more than 

14 20 percent of the funds made available for a fiscal 

15 year to carry out this section shall be allocated for 

16 projects eligible under section 167(k)(5)(B) or chap17 ter 53 of title 49. 

18 ‘‘(4) STATE CAP.— 

19 ‘‘(A) IN GENERAL.—Not more than 20 

20 percent of the funds made available for a fiscal 

21 year to carry out this section may be awarded 

22 to projects in a single State. 

23 ‘‘(B) EXCEPTION FOR MULTISTATE

24 PROJECTS.—For purposes of the limitation de25 scribed in subparagraph (A), funds awarded for 


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1 a multistate project shall be considered to be 

2 distributed evenly to each State. 

3 ‘‘(5) TIFIA PROGRAM.—On the request of an 

4 eligible applicant under this section, the Adminis5 trator may use amounts awarded to the entity to 

6 pay subsidy and administrative costs necessary to 

7 provide the entity Federal credit assistance under 

8 chapter 6 with respect to the project for which the 

9 grant was awarded. 

10 ‘‘(h) GRANT REQUIREMENTS.— 

11 ‘‘(1) APPLICABILITY OF PLANNING REQUIRE12 MENTS.—The programming and expenditure of 

13 funds for projects under this section shall be con14 sistent with the requirements of sections 134 and 

15 135. 

16 ‘‘(2) DETERMINATION OF APPLICABLE MODAL

17 REQUIREMENTS.—If an eligible project that receives 

18 a grant under this section has a crossmodal compo19 nent, the Administrator— 

20 ‘‘(A) shall determine the predominant 

21 modal component of the project; and 

22 ‘‘(B) may apply the applicable require23 ments of that predominant modal component to 

24 the project. 


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1 ‘‘(i) REPORT TO THE ADMINISTRATOR.—For each 

2 project funded under this section, the project sponsor shall 

3 evaluate system performance and submit to the Adminis4 trator a report not later than 5, 10, and 20 years after 

5 completion of the project to assess whether the project 

6 outcomes have met preconstruction projections. 

7 ‘‘(j) CONGRESSIONAL APPROVAL.— 

8 ‘‘(1) SUBMISSION OF APPLICATION.—Each eli9 gible applicant shall submit to the Administrator an 

10 application in accordance with subsection (d)(2) at 

11 such time as the Administrator determines to meet 

12 the requirements of paragraph (2). 

13 ‘‘(2) SUBMISSION TO CONGRESS OF PROPOSED

14 PROJECTS.— 

15 ‘‘(A) IN GENERAL.—By January 1 of each 

16 fiscal year, the Administrator shall submit to 

17 the Committee on Environment and Public 

18 Works of the Senate and the Committee on 

19 Transportation and Infrastructure of the House 

20 of Representatives a list of all of the projects 

21 that meet the requirements of this section. 

22 ‘‘(B) LIMITATION.—The list submitted 

23 under subparagraph (A) shall include a total re24 quested grant amount at least 2 times, but not 


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1 to exceed 4 times, the authorization level of the 

2 program in each fiscal year. 

3 ‘‘(3) COMMITTEE REVIEW.—Not later than 90 

4 days after the date of the receipt of the submission 

5 under paragraph (2), each Committee described in 

6 subparagraph (A) of that paragraph shall— 

7 ‘‘(A) select projects and determine the 

8 amounts to be awarded to each project, not to 

9 exceed the total authorization level of the pro10 gram for each fiscal year; and 

11 ‘‘(B) adopt a resolution making such deter12 mination. 

13 ‘‘(4) CONGRESSIONAL APPROVAL.—Projects 

14 shall be awarded on congressional adoption of a joint 

15 resolution based on the Committee action under 

16 paragraph (3). 

17 ‘‘(5) ADMINISTRATIVE APPROVAL.— 

18 ‘‘(A) IN GENERAL.—The Administrator 

19 shall award grants to eligible projects in a fiscal 

20 year— 

21 ‘‘(i) if Congress does not adopt a joint 

22 resolution under paragraph (4) by the date 

23 that is 90 days after the date on which the 

24 first Committee adopts a resolution under 

25 paragraph (3)(B); or 


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1 ‘‘(ii) if neither Committee acts in ac2 cordance with paragraph (3). 

3 ‘‘(B) TIMING.—The Administrator shall 

4 award grants under subparagraph (A) not later 

5 than 90 days after the date on which the rel6 evant event described in subparagraph (A) oc7 curs. 

8 ‘‘(k) REPORTS.— 

9 ‘‘(1) IN GENERAL.—The Administrator shall 

10 make available on the website of the Federal High11 way Administration at the end of each fiscal year an 

12 annual report that lists each project for which as13 sistance has been provided under this section during 

14 that fiscal year. 

15 ‘‘(2) COMPTROLLER GENERAL.— 

16 ‘‘(A) ASSESSMENT.—The Comptroller Gen17 eral of the United States shall conduct an as18 sessment of the establishment, solicitation, se19 lection, and justification process with respect to 

20 the funding of projects under this section. 

21 ‘‘(B) REPORT.—Not later than 1 year 

22 after the initial awarding of funding under this 

23 section, the Comptroller General of the United 

24 States shall submit to the Committee on Envi25 ronment and Public Works of the Senate and 


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1 the Committee on Transportation and Infra2 structure of the House of Representatives a re3 port that describes— 

4 ‘‘(i) the process by which each project 

5 was selected; 

6 ‘‘(ii) the criteria used for the selection 

7 of each project; and 

8 ‘‘(iii) the justification for the selection 

9 of each project based on the criteria de10 scribed in subsection (e).’’. 

11 (b) CONFORMING AMENDMENT.—The analysis for 

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

13 adding at the end the following: 

‘‘171. Assistance for major projects program.’’. 

14 SEC. 1016. TRANSPORTATION ALTERNATIVES. 

15 (a) IN GENERAL.—Section 213 of title 23, United 

16 States Code, is amended— 

17 (1) by striking subsection (a) and inserting the 

18 following: 

19 ‘‘(a) RESERVATION OF FUNDS.— 

20 ‘‘(1) IN GENERAL.—On October 1 of each fiscal 

21 year, the Secretary shall set aside from the amount 

22 determined for a State under section 104(c) an 

23 amount determined for the State under paragraphs 

24 (2) and (3). 


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1 ‘‘(2) TOTAL AMOUNT.—The total amount set 

2 aside for the program under this section shall be 

3 $850,000,000 for each fiscal year. 

4 ‘‘(3) STATE SHARE.—The Secretary shall dis5 tribute among the States the total set-aside amount 

6 under paragraph (2) so that each State receives an 

7 amount equal to the proportion that— 

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

9 for the transportation enhancements program 

10 for fiscal year 2009 under section 133(d)(2), as 

11 in effect on the day before the date of enact12 ment of MAP–21 (Public Law 112–141; 126 

13 Stat. 405); bears to 

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

16 transportation enhancements program for fiscal 

17 year 2009.’’; 

18 (2) in subsection (c)— 

19 (A) in paragraph (1)— 

20 (i) in the matter preceding subpara21 graph (A), by striking ‘‘Of the funds’’ and 

22 all that follows through ‘‘shall be obligated 

23 under this section’’ in subparagraph (A) 

24 and inserting ‘‘Funds reserved in a State 

25 under this section shall be obligated’’; 


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1 (ii) by striking subparagraph (B); 

2 (iii) by redesignating clauses (i) 

3 through (iii) as subparagraphs (A) through 

4 (C), respectively; and 

5 (iv) in subparagraph (C) (as so redes6 ignated), by striking ‘‘; and’’ and inserting 

7 a period; 

8 (B) in paragraph (2), by striking ‘‘para9 graph (1)(A)(i)’’ and inserting ‘‘paragraph 

10 (1)(A)’’; 

11 (C) in paragraph (3)(A)— 

12 (i) by striking ‘‘Except as provided in 

13 paragraph (1)(B), the’’ and inserting 

14 ‘‘The’’; and 

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

16 both places it appears and inserting ‘‘para17 graph (1)(A)’’; 

18 (D) in paragraph (4)(B)— 

19 (i) in clause (vi), by striking ‘‘and’’ at 

20 the end; 

21 (ii) by redesignating clause (vii) as 

22 clause (viii); and 

23 (iii) by inserting after clause (vi) the 

24 following: 


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1 ‘‘(vii) a nonprofit entity responsible 

2 for the administration of local transpor3 tation safety programs; and’’; and 

4 (E) in paragraph (5)— 

5 (i) by striking ‘‘For funds reserved’’ 

6 and inserting the following: 

7 ‘‘(A) IN GENERAL.—For funds reserved’’; 

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

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

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(B) NO RESTRICTION ON SUBALLOCA13 TION.—Nothing in this section prevents a met14 ropolitan planning organization from further 

15 suballocating funds within the boundaries of the 

16 metropolitan planning area if a competitive 

17 process is implemented for the award of the 

18 suballocated funds.’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(h) ANNUAL REPORTS.— 

21 ‘‘(1) IN GENERAL.—Each State or metropolitan 

22 planning organization responsible for carrying out 

23 the requirements of this section shall submit to the 

24 Secretary an annual report that describes— 


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1 ‘‘(A) the number of project applications re2 ceived for each fiscal year, including— 

3 ‘‘(i) the aggregate cost of the projects 

4 for which applications are received; and 

5 ‘‘(ii) the types of project to be carried 

6 out (as described in subsection (b)), ex7 pressed as percentages of the total appor8 tionment of the State under subsection (a); 

9 and 

10 ‘‘(B) the number of projects selected for 

11 funding for each fiscal year, including the ag12 gregate cost and location of projects selected. 

13 ‘‘(2) PUBLIC AVAILABILITY.—The Secretary 

14 shall make available to the public, in a user-friendly 

15 format on the website of the Department, a copy of 

16 each annual report submitted under paragraph (1). 

17 ‘‘(i) EXPEDITING INFRASTRUCTURE PROJECTS.— 

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

19 the date of enactment of this subsection, the Sec20 retary shall develop regulations or guidance relating 

21 to the implementation of this section that encour22 ages the use of the programmatic approaches to en23 vironmental reviews, expedited procurement tech24 niques, and other best practices to facilitate produc25 tive and timely expenditure for projects that are 


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1 small, low-impact, and constructed within an exist2 ing built environment. 

3 ‘‘(2) STATE PROCESSES.—The Secretary shall 

4 work with State departments of transportation to 

5 ensure that any regulation or guidance developed 

6 under paragraph (1) is consistently implemented by 

7 States and the Federal Highway Administration to 

8 avoid unnecessary delays in implementing projects 

9 and to ensure the effective use of Federal dollars.’’. 

10 (b) CONFORMING AMENDMENT.—Section 126 of title 

11 23, United States Code, is amended— 

12 (1) by striking ‘‘SET-ASIDES.—’’ and all that 

13 follows through ‘‘Funds that’’ in paragraph (1) and 

14 inserting ‘‘SET-ASIDES.—Funds that’’; and 

15 (2) by striking paragraph (2). 

16 SEC. 1017. CONSOLIDATION OF PROGRAMS. 

17 Section 1519(a) of MAP–21 (Public Law 112–141; 

18 126 Stat. 574) is amended in the matter preceding para19 graph (1) by striking ‘‘fiscal years 2013 and 2014’’ and 

20 inserting ‘‘fiscal years 2013 through 2021’’. 

21 SEC. 1018. STATE FLEXIBILITY FOR NATIONAL HIGHWAY 

22 SYSTEM MODIFICATIONS. 

23 (a) NATIONAL HIGHWAY SYSTEM FLEXIBILITY.— 

24 Not later than 90 days after the date of enactment of this 

25 Act, the Secretary shall issue guidance relating to working 


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1 with State departments of transportation that request as2 sistance from the division offices of the Federal Highway 

3 Administration— 

4 (1) to review roads classified as principal arte5 rials in the State that were added to the National 

6 Highway System as of October 1, 2012, so as to 

7 comply with section 103 of title 23, United States 

8 Code; and 

9 (2) to identify any necessary functional classi10 fication changes to rural and urban principal arte11 rials. 

12 (b) ADMINISTRATIVE ACTIONS.—The Secretary shall 

13 direct the division offices of the Federal Highway Admin14 istration to work with the applicable State department of 

15 transportation that requests assistance under this sec16 tion— 

17 (1) to assist in the review of roads in accord18 ance with guidance issued under subsection (a); 

19 (2) to expeditiously review and facilitate re20 quests from States to reclassify roads classified as 

21 principal arterials; and 

22 (3) in the case of a State that requests the 

23 withdrawal of reclassified roads from the National 

24 Highway System under section 103(b)(3) of title 23, 

25 United States Code, to carry out that withdrawal if 


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1 the inclusion of the reclassified road in the National 

2 Highway System is not consistent with the needs 

3 and priorities of the community or region in which 

4 the reclassified road is located. 

5 (c) NATIONAL HIGHWAY SYSTEM MODIFICATION

6 REGULATIONS.—The Secretary shall— 

7 (1) review the National Highway System modi8 fication process described in appendix D of part 470 

9 of title 23, Code of Federal Regulations (or suc10 cessor regulations); and 

11 (2) take any action necessary to ensure that a 

12 State may submit to the Secretary a request to mod13 ify the National Highway System by withdrawing a 

14 road from the National Highway System. 

15 (d) REPORT TO CONGRESS.—Not later than 1 year 

16 after the date of enactment of this Act, and annually 

17 thereafter, the Secretary shall submit to the Committee 

18 on Environment and Public Works of the Senate and the 

19 Committee on Transportation and Infrastructure of the 

20 House of Representatives a report that includes a descrip21 tion of— 

22 (1) each request for reclassification of National 

23 Highway System roads; 

24 (2) the status of each request; and 


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1 (3) if applicable, the justification for the denial 

2 by the Secretary of a request. 

3 (e) MODIFICATIONS TO THE NATIONAL HIGHWAY

4 SYSTEM.—Section 103(b)(3)(A) of title 23, United States 

5 Code, is amended— 

6 (1) in the matter preceding clause (i)— 

7 (A) by striking ‘‘, including any modifica8 tion consisting of a connector to a major inter9 modal terminal,’’; and 

10 (B) by inserting ‘‘, including any modifica11 tion consisting of a connector to a major inter12 modal terminal or the withdrawal of a road 

13 from that system,’’ after ‘‘the National High14 way System’’; and 

15 (2) in clause (ii)— 

16 (A) by striking ‘‘(ii) enhances’’ and insert17 ing ‘‘(ii)(I) enhances’’; 

18 (B) by striking the period at the end and 

19 inserting ‘‘; or’’; and 

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

21 ‘‘(II) in the case of the withdrawal of 

22 a road, is reasonable and appropriate.’’. 

23 SEC. 1019. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES. 

24 Section 129(a) of title 23, United States Code, is 

25 amended— 


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1 (1) in paragraph (1)— 

2 (A) in subparagraph (B)— 

3 (i) by striking ‘‘(other than a highway 

4 on the Interstate System)’’; and 

5 (ii) by inserting ‘‘non-HOV’’ after 

6 ‘‘toll-free’’ each place it appears; 

7 (B) by striking subparagraph (C); and 

8 (C) by redesignating subparagraphs (D) 

9 through (I) as subparagraphs (C) through (H), 

10 respectively; 

11 (2) by striking paragraph (4) and paragraph 

12 (6); 

13 (3) by redesignating paragraphs (5), (7), (8), 

14 (9), and (10) as paragraphs (4), (5), (6), (7), and 

15 (9), respectively; 

16 (4) in paragraph (4)(B) (as so redesignated), 

17 by striking ‘‘the Federal-aid system’’ and inserting 

18 ‘‘Federal-aid highways’’; and 

19 (5) by inserting after paragraph (7) (as so re20 designated) the following: 

21 ‘‘(8) EQUAL ACCESS FOR MOTORCOACHES.—A 

22 private motorcoach that serves the public shall be 

23 provided access to a toll facility under the same 

24 rates, terms, and conditions as public transportation 

25 buses in the State.’’. 


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1 SEC. 1020. HOV FACILITIES. 

2 Section 166 of title 23, United States Code, is 

3 amended— 

4 (1) in subsection (b)— 

5 (A) by striking paragraph (4) and insert6 ing the following: 

7 ‘‘(4) HIGH OCCUPANCY TOLL VEHICLES.— 

8 ‘‘(A) IN GENERAL.—The State agency may 

9 allow vehicles not otherwise exempt under this 

10 subsection to use the HOV facility if the opera11 tors of the vehicles pay a toll charged by the 

12 agency for use of the facility and the agency— 

13 ‘‘(i) establishes a program that ad14 dresses how motorists can enroll and par15 ticipate in the toll program; 

16 ‘‘(ii) in the case of a high occupancy 

17 vehicle facility that affects a metropolitan 

18 area, submits to the Secretary a written 

19 statement that the metropolitan planning 

20 organization designated under section 134 

21 for the area has been consulted concerning 

22 the placement and amount of tolls on the 

23 converted facility; 

24 ‘‘(iii) develops, manages, and main25 tains a system that will automatically col26 lect the toll; and 


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1 ‘‘(iv) establishes policies and proce2 dures— 

3 ‘‘(I) to manage the demand to 

4 use the facility by varying the toll 

5 amount that is charged; 

6 ‘‘(II) to enforce violations of the 

7 use of the facility; and 

8 ‘‘(III) to ensure that private 

9 motorcoaches that serve the public are 

10 provided access to the facility under 

11 the same rates, terms, and conditions, 

12 as public transportation buses in the 

13 State. 

14 ‘‘(B) EXEMPTION FROM TOLLS.—In lev15 ying a toll on a facility under subparagraph 

16 (A), a State agency may— 

17 ‘‘(i) designate classes of vehicles that 

18 are exempt from the toll; and 

19 ‘‘(ii) charge different toll rates for dif20 ferent classes of vehicles.’’; and 

21 (B) in paragraph (5), by striking subpara22 graph (A) and inserting the following: 

23 ‘‘(A) INHERENTLY LOW EMISSION VEHI24 CLE.—If a State agency establishes procedures 

25 for enforcing the restrictions on the use of a 


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1 HOV facility by vehicles described in clauses (i) 

2 and (ii), the State agency may allow the use of 

3 the HOV facility by— 

4 ‘‘(i) alternative fuel vehicles; and 

5 ‘‘(ii) any motor vehicle described in 

6 section 30D(d)(1) of the Internal Revenue 

7 Code of 1986.’’; 

8 (2) in subsection (c)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘Tolls’’ and inserting 

11 ‘‘Notwithstanding section 301, tolls’’; and 

12 (ii) by striking ‘‘notwithstanding sec13 tion 301 and, except as provided in para14 graphs (2) and (3)’’; 

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

16 (C) by redesignating paragraph (3) as 

17 paragraph (2); and 

18 (3) in subsection (d)(1), by striking subpara19 graphs (D) and (E) and inserting the following: 

20 ‘‘(D) MAINTENANCE OF OPERATING PER21 FORMANCE.— 

22 ‘‘(i) SUBMISSION OF PLAN.—Not later 

23 than 180 days after the date on which a 

24 facility is degraded under paragraph (2), 

25 the State agency with jurisdiction over the 


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1 facility shall submit to the Secretary for 

2 approval a plan that details the actions the 

3 State agency will take to bring the facility 

4 into compliance with the minimum average 

5 operating speed performance standard 

6 through changes to operation of the facil7 ity, including— 

8 ‘‘(I) increasing the occupancy re9 quirement for HOV lanes; 

10 ‘‘(II) varying the toll charged to 

11 vehicles allowed under subsection (b) 

12 to reduce demand; 

13 ‘‘(III) discontinuing allowing 

14 non-HOV vehicles to use HOV lanes 

15 under subsection (b); or 

16 ‘‘(IV) increasing the available ca17 pacity of the HOV facility. 

18 ‘‘(ii) NOTICE OF APPROVAL OR DIS19 APPROVAL.—Not later than 60 days after 

20 the date of receipt of a plan under clause 

21 (i), the Secretary shall provide to the State 

22 agency a written notice indicating whether 

23 the Secretary has approved or disapproved 

24 the plan based on a determination of 

25 whether the implementation of the plan 


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1 will bring the HOV facility into compli2 ance. 

3 ‘‘(iii) BIANNUAL PROGRESS UP4 DATES.—Until the date on which the Sec5 retary determines that the State agency 

6 has brought the HOV facility into compli7 ance with this subsection, the State agency 

8 shall submit biannual updates that de9 scribe— 

10 ‘‘(I) the actions taken to bring 

11 the HOV facility into compliance; and 

12 ‘‘(II) the progress made by those 

13 actions. 

14 ‘‘(E) COMPLIANCE.—The Secretary shall 

15 subject the State to appropriate program sanc16 tions under section 1.36 of title 23, Code of 

17 Federal Regulations (or successor regulations), 

18 until the performance is no longer degraded, 

19 if— 

20 ‘‘(i) the State agency fails to submit 

21 an approved action plan under subpara22 graph (D) to bring a degraded facility into 

23 compliance; or 

24 ‘‘(ii) after the State submits and the 

25 Secretary approves an action plan under 


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1 subparagraph (D), the Secretary deter2 mines that, on a date that is not earlier 

3 than 1 year after the approval of the ac4 tion plan, the State agency is not making 

5 significant progress toward bringing the 

6 HOV facility into compliance with the min7 imum average operating speed performance 

8 standard.’’. 

9 SEC. 1021. INTERSTATE SYSTEM RECONSTRUCTION AND 

10 REHABILITATION PILOT PROGRAM. 

11 Section 1216(b) of the Transportation Equity Act for 

12 the 21st Century (Public Law 105–178; 112 Stat. 212) 

13 is amended— 

14 (1) in paragraph (3)— 

15 (A) in subparagraph (A), by striking ‘‘the 

16 age, condition, and intensity of use of the facil17 ity’’ and inserting ‘‘an analysis demonstrating 

18 that the facility has a significant age, condition, 

19 or intensity of use to require expedited recon20 struction or rehabilitation’’; 

21 (B) in subparagraph (D)(iii), by inserting 

22 ‘‘, and that demonstrates the capability of that 

23 agency to perform or oversee the building, oper24 ation, and maintenance of a toll expressway 


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1 system meeting criteria for the Interstate Sys2 tem’’ before the semicolon at the end; and 

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

4 ‘‘(E) An analysis showing how the State 

5 plan for implementing tolls on the facility takes 

6 into account the interests and use of local, re7 gional, and interstate travelers. 

8 ‘‘(F) An explanation of how the State will 

9 collect tolls using electronic toll collection, in10 cluding at highway speeds, if practicable. 

11 ‘‘(G) A plan describing the proposed loca12 tion for the collection of tolls on the facility, in13 cluding any locations in proximity to a State 

14 border. 

15 ‘‘(H) Approved documentation that the 

16 project— 

17 ‘‘(i) has received a categorical exclu18 sion, a finding of no significant impact, or 

19 a record of decision under the National 

20 Environmental Policy Act of 1969 (42 

21 U.S.C. 4321 et seq.); and 

22 ‘‘(ii) complies with the Uniform Relo23 cation Assistance and Real Property Ac24 quisition Policies Act of 1970 (42 U.S.C. 

25 4601 et seq.).’’; 


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1 (2) by striking paragraphs (4) and (6); 

2 (3) by redesignating paragraph (5) as para3 graph (4); 

4 (4) in paragraph (4) (as so redesignated)— 

5 (A) in the matter preceding subparagraph 

6 (A), by striking ‘‘Before the Secretary may per7 mit’’ and inserting ‘‘As a condition of permit8 ting’’; and 

9 (B) in subparagraph (A)— 

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

11 by striking ‘‘for—’’ and inserting ‘‘for per12 missible uses described in section 

13 129(a)(3) of title 23, United States Code; 

14 and’’; and 

15 (ii) by striking clauses (i) through 

16 (iii); 

17 (5) by inserting after paragraph (4) (as so re18 designated) the following: 

19 ‘‘(5) APPLICATION PROCESSING PROCEDURE.— 

20 ‘‘(A) IN GENERAL.—Not later than 60 

21 days after receipt of an application under this 

22 subsection, the Secretary shall provide to the 

23 applicant a written notice informing the appli24 cant whether— 


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1 ‘‘(i) the application is complete and 

2 meets all requirements under this sub3 section; or 

4 ‘‘(ii) additional information or mate5 rials are needed— 

6 ‘‘(I) to complete the application; 

7 or 

8 ‘‘(II) to meet the eligibility re9 quirements under paragraph (3). 

10 ‘‘(B) ADDITIONAL INFORMATION OR MATE11 RIALS.— 

12 ‘‘(i) IN GENERAL.—Not later than 60 

13 days after receipt of an application, the 

14 Secretary shall— 

15 ‘‘(I) identify any additional infor16 mation or materials that are needed 

17 under subparagraph (A)(ii); and 

18 ‘‘(II) provide to the applicant 

19 written notice specifying the details of 

20 the additional required information or 

21 materials. 

22 ‘‘(ii) AMENDED APPLICATION.—Not 

23 later than 60 days after receipt of the ad24 ditional information under clause (i), the 

25 Secretary shall determine if the amended 


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1 application is complete and meets all re2 quirements under this subsection. 

3 ‘‘(C) TECHNICAL ASSISTANCE.—On the re4 quest of a State, the Secretary shall provide 

5 technical assistance to facilitate the develop6 ment of a complete application under this para7 graph that is likely to satisfy the eligibility cri8 teria under paragraph (3). 

9 ‘‘(D) APPROVAL OF APPLICATION.—On 

10 written notice by the Secretary that the applica11 tion is complete and meets all requirements of 

12 this subsection, the project is considered ap13 proved and shall be permitted to participate in 

14 the program under this subsection. 

15 ‘‘(E) LIMITATION ON APPROVED APPLICA16 TION.— 

17 ‘‘(i) IN GENERAL.—For an application 

18 received under this subsection on or after 

19 the date of enactment of the DRIVE Act 

20 for the reconstruction or rehabilitation of a 

21 facility, a State shall— 

22 ‘‘(I) not later than 1 year after 

23 the date on which the application is 

24 approved, issue a solicitation for a 

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1 tion or rehabilitation of the facility; 

2 and 

3 ‘‘(II) not later than 2 years after 

4 the date on which the application is 

5 approved, execute a contract for the 

6 reconstruction or rehabilitation of the 

7 facility. 

8 ‘‘(ii) PRIOR APPLICATIONS.—For an 

9 application that received a conditional pro10 visional approval under this subsection be11 fore the date of enactment of the DRIVE 

12 Act, for the reconstruction or rehabilitation 

13 of a facility, a State shall— 

14 ‘‘(I) not later than 1 year after 

15 the date of enactment of the DRIVE 

16 Act, issue a solicitation for a contract 

17 to provide for the reconstruction or 

18 rehabilitation of the facility; and 

19 ‘‘(II) not later than 2 years after 

20 the date of enactment of the DRIVE 

21 Act, execute a contract for the recon22 struction or rehabilitation of the facil23 ity. 

24 ‘‘(iii) CANCELLATION OR EXTEN25 SION.—If an applicable deadline under 


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1 clause (i) or (ii) is not met, the Secretary 

2 shall— 

3 ‘‘(I) cancel the application ap4 proval; or 

5 ‘‘(II) grant an extension of not 

6 more than 1 year for the applicable 

7 deadline, on the condition that— 

8 ‘‘(aa) there has been demon9 strable progress toward meeting 

10 the applicable requirements; and 

11 ‘‘(bb) the requirements are 

12 likely to be met within 1 year. 

13 ‘‘(6) LIMITATION ON THE USE OF NATIONAL

14 HIGHWAY PERFORMANCE PROGRAM FUNDS.—During 

15 the term of the pilot program, funds apportioned for 

16 the national highway performance program under 

17 section 104(b)(1) of title 23, United States Code, 

18 may not be used for a facility for which tolls are 

19 being collected under the pilot program unless the 

20 funds are used for a maintenance purpose, as de21 fined in section 101(a) of title 23, United States 

22 Code.’’; 

23 (6) by redesignating paragraphs (7) and (8) as 

24 paragraphs (8) and (9), respectively; 


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1 (7) by inserting after paragraph (6) the fol2 lowing: 

3 ‘‘(7) WITHDRAWAL.—A State may elect to 

4 withdraw participation of the State in the pilot pro5 gram at any time.’’; and 

6 (8) in paragraph (8) (as redesignated by para7 graph (6)), by inserting ‘‘after the date of enactment 

8 of the DRIVE Act’’ after ‘‘10 years’’. 

9 SEC. 1022. EMERGENCY RELIEF FOR FEDERALLY OWNED 

10 ROADS. 

11 (a) ELIGIBILITY.—Section 125(d)(3) of title 23, 

12 United States Code, is amended— 

13 (1) in subparagraph (A), by striking ‘‘or’’ at 

14 the end; 

15 (2) in subparagraph (B), by striking the period 

16 at the end and inserting ‘‘; or’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(C) projects eligible for assistance under 

19 this section located on tribal transportation fa20 cilities, Federal lands transportation facilities, 

21 or other federally owned roads that are open to 

22 public travel (as defined in subsection (e)(1)).’’. 

23 (b) DEFINITION.—Section 125(e) of title 23, United 

24 States Code, is amended by striking paragraph (1) and 

25 inserting the following: 


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1 ‘‘(1) DEFINITIONS.—In this subsection: 

2 ‘‘(A) OPEN TO PUBLIC TRAVEL.—The term 

3 ‘open to public travel’ means, with respect to a 

4 road, that, except during scheduled periods, ex5 treme weather conditions, or emergencies, the 

6 road— 

7 ‘‘(i) is maintained; 

8 ‘‘(ii) is open to the general public; and 

9 ‘‘(iii) can accommodate travel by a 

10 standard passenger vehicle, without restric11 tive gates or prohibitive signs or regula12 tions, other than for general traffic control 

13 or restrictions based on size, weight, or 

14 class of registration. 

15 ‘‘(B) STANDARD PASSENGER VEHICLE.— 

16 The term ‘standard passenger vehicle’ means a 

17 vehicle with 6 inches of clearance from the low18 est point of the frame, body, suspension, or dif19 ferential to the ground.’’. 

20 SEC. 1023. BRIDGES REQUIRING CLOSURE OR LOAD RE21 STRICTIONS. 

22 Section 144(h) of title 23, United States Code, is 

23 amended— 

24 (1) by redesignating paragraphs (6) and (7) as 

25 paragraphs (7) and (8), respectively; 


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1 (2) by inserting after paragraph (5) the fol2 lowing: 

3 ‘‘(6) BRIDGES REQUIRING CLOSURE OR LOAD

4 RESTRICTIONS.— 

5 ‘‘(A) BRIDGES OWNED BY FEDERAL AGEN6 CIES OR TRIBAL GOVERNMENTS.—If a Federal 

7 agency or tribal government fails to ensure that 

8 any highway bridge that is open to public travel 

9 and located in the jurisdiction of the Federal 

10 agency or tribal government is properly closed 

11 or restricted to loads that the bridge can carry 

12 safely, the Secretary— 

13 ‘‘(i) shall, on learning of the need to 

14 close or restrict loads on the bridge, re15 quire the Federal agency or tribal govern16 ment to take action necessary— 

17 ‘‘(I) to close the bridge within 48 

18 hours; or 

19 ‘‘(II) within 30 days, to restrict 

20 public travel on the bridge to loads 

21 that the bridge can carry safely; and 

22 ‘‘(ii) may, if the Federal agency or 

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1 ing authorized under this title for the Fed2 eral agency or tribal government.’’. 

3 ‘‘(B) OTHER BRIDGES.—If a State fails to 

4 ensure that any highway bridge, other than a 

5 bridge described in subparagraph (A), that is 

6 open to public travel and is located within the 

7 boundaries of the State is properly closed or re8 stricted to loads the bridge can carry safely, the 

9 Secretary— 

10 ‘‘(i) shall, on learning of the need to 

11 close or restrict loads on the bridge, re12 quire the State to take action necessary— 

13 ‘‘(I) to close the bridge within 48 

14 hours; or 

15 ‘‘(II) within 30 days, to restrict 

16 public travel on the bridge to loads 

17 that the bridge can carry safely; and 

18 ‘‘(ii) may, if the State fails to take ac19 tion required under clause (i), withhold ap20 proval for Federal-aid projects in that 

21 State.’’; and 

22 (3) in paragraph (8) (as redesignated by para23 graph (1)), by striking ‘‘(6)’’ and inserting ‘‘(7)’’. 


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1 SEC. 1024. NATIONAL ELECTRIC VEHICLE CHARGING AND 

2 NATURAL GAS FUELING CORRIDORS. 

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

4 States Code, is amended by inserting after section 150 the 

5 following: 

6 ‘‘§ 151. National electric vehicle charging and natural 

7 gas fueling corridors 

8 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

9 date of enactment of the DRIVE Act, the Secretary shall 

10 designate national electric vehicle charging and natural 

11 gas fueling corridors that identify the near- and long-term 

12 need for, and location of, electric vehicle charging infra13 structure and natural gas fueling infrastructure at stra14 tegic locations along major national highways to improve 

15 the mobility of passenger and commercial vehicles that 

16 employ electric and natural gas fueling technologies across 

17 the United States. 

18 ‘‘(b) DESIGNATION OF CORRIDORS.—In designating 

19 the corridors under subsection (a), the Secretary shall— 

20 ‘‘(1) solicit nominations from State and local 

21 officials for facilities to be included in the corridors; 

22 ‘‘(2) incorporate existing electric vehicle charg23 ing and natural gas fueling corridors designated by 

24 a State or group of States; and 


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1 ‘‘(3) consider the demand for, and location of, 

2 existing electric vehicle charging and natural gas 

3 fueling infrastructure. 

4 ‘‘(c) STAKEHOLDERS.—In designating corridors 

5 under subsection (a), the Secretary shall involve, on a vol6 untary basis, stakeholders that include— 

7 ‘‘(1) the heads of other Federal agencies; 

8 ‘‘(2) State and local officials; 

9 ‘‘(3) representatives of— 

10 ‘‘(A) energy utilities; 

11 ‘‘(B) the electric and natural gas vehicle 

12 industries; 

13 ‘‘(C) the freight and shipping industry; 

14 ‘‘(D) clean technology firms; 

15 ‘‘(E) the hospitality industry; 

16 ‘‘(F) the restaurant industry; and 

17 ‘‘(G) highway rest stop vendors; and 

18 ‘‘(4) such other stakeholders as the Secretary 

19 determines to be necessary. 

20 ‘‘(d) REDESIGNATION.—Not later than 5 years after 

21 the date of establishment of the corridors under subsection 

22 (a), and every 5 years thereafter, the Secretary shall up23 date and redesignate the corridors. 


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1 ‘‘(e) REPORT.—During designation and redesignation 

2 of the corridors under this section, the Secretary shall 

3 issue a report that— 

4 ‘‘(1) identifies electric vehicle charging and nat5 ural gas fueling infrastructure and standardization 

6 needs for electricity providers, natural gas providers, 

7 infrastructure providers, vehicle manufacturers, elec8 tricity purchasers, and natural gas purchasers; and 

9 ‘‘(2) establishes an aspirational goal of achiev10 ing strategic deployment of electric vehicle charging 

11 and natural gas fueling infrastructure in those cor12 ridors by the end of fiscal year 2021.’’. 

13 (b) CONFORMING AMENDMENT.—The analysis of 

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

15 striking the item relating to section 151 and inserting the 

16 following: 

‘‘151. National Electric Vehicle Charging and Natural Gas Fueling Corridors.’’. 

17 SEC. 1025. ASSET MANAGEMENT. 

18 (a) Section 119(f)(2) of title 23, United States Code, 

19 is amended— 

20 (1) in subparagraph (A), by striking ‘‘struc21 turally deficient’’ and inserting ‘‘being in poor condi22 tion’’; and 

23 (2) in subparagraph (B), by striking ‘‘struc24 turally deficient’’ and inserting ‘‘being in poor condi25 tion’’. 


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1 (b) Section 144 of title 23, United States Code, is 

2 amended— 

3 (1) in subsection (a)(1)(B), by striking ‘‘defi4 cient’’; and 

5 (2) in subsection (b)(5), by striking ‘‘each 

6 structurally deficient bridge’’ and inserting ‘‘each 

7 bridge in poor condition’’. 

8 (c) Section 202(d) of title 23, United States Code, 

9 is amended— 

10 (1) in paragraph (1), by striking ‘‘deficient’’; 

11 (2) in paragraph (2)(B), by striking ‘‘defi12 cient’’; and 

13 (3) in paragraph (3)— 

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

15 semicolon at the end and inserting ‘‘; and’’; 

16 (B) in subparagraph (B), by striking ‘‘; 

17 and’’ at the end and inserting a period; and 

18 (C) by striking subparagraph (C). 

19 SEC. 1026. TRIBAL TRANSPORTATION PROGRAM AMEND20 MENT. 

21 Section 202 of title 23, United States Code, is 

22 amended— 

23 (1) in subsection (a)(6), by striking ‘‘6 percent’’ 

24 and inserting ‘‘5 percent’’; and 


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1 (2) in subsection (d)(2), in the matter pre2 ceding subparagraph (A) by striking ‘‘2 percent’’ 

3 and inserting ‘‘3 percent’’. 

4 SEC. 1027. NATIONALLY SIGNIFICANT FEDERAL LANDS AND 

5 TRIBAL PROJECTS PROGRAM. 

6 (a) PURPOSE.—The Secretary shall establish a na7 tionally significant Federal lands and tribal projects pro8 gram (referred to in this section as the ‘‘program’’) to pro9 vide funding to construct, reconstruct, or rehabilitate na10 tionally significant Federal lands and tribal transportation 

11 projects. 

12 (b) ELIGIBLE APPLICANTS.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), entities eligible to receive funds under 

15 sections 201, 202, 203, and 204 of title 23, United 

16 States Code, may apply for funding under the pro17 gram. 

18 (2) SPECIAL RULE.—A State, county, or unit of 

19 local government may only apply for funding under 

20 the program if sponsored by an eligible Federal land 

21 management agency or Indian tribe. 

22 (c) ELIGIBLE PROJECTS.—An eligible project under 

23 the program shall be a single continuous project— 

24 (1) on a Federal lands transportation facility, a 

25 Federal lands access transportation facility, or a 


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1 tribal transportation facility (as those terms are de2 fined in section 101 of title 23, United States Code), 

3 except that such facility is not required to be in4 cluded on an inventory described in sections 202 or 

5 203 of title 23, United States Code; 

6 (2) for which completion of activities required 

7 under the National Environmental Policy Act of 

8 1969 (42 U.S.C. 4321 et seq.) has been dem9 onstrated through— 

10 (A) a record of decision with respect to the 

11 project; 

12 (B) a finding that the project has no sig13 nificant impact; or 

14 (C) a determination that the project is cat15 egorically excluded; and 

16 (3) having an estimated cost, based on the re17 sults of preliminary engineering, equal to or exceed18 ing $25,000,000, with priority consideration given to 

19 projects with an estimated cost equal to or exceeding 

20 $50,000,000. 

21 (d) ELIGIBLE ACTIVITIES.— 

22 (1) IN GENERAL.—Subject to paragraph (2), an 

23 eligible applicant receiving funds under the program 

24 may only use the funds for construction, reconstruc25 tion, and rehabilitation activities. 


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1 (2) INELIGIBLE ACTIVITIES.—An eligible appli2 cant may not use funds received under the program 

3 for activities relating to project design. 

4 (e) APPLICATIONS.—Eligible applicants shall submit 

5 to the Secretary an application at such time, in such form, 

6 and containing such information as the Secretary may re7 quire. 

8 (f) SELECTION CRITERIA.—In selecting a project to 

9 receive funds under the program, the Secretary shall con10 sider the extent to which the project— 

11 (1) furthers the goals of the Department, in12 cluding state of good repair, environmental sustain13 ability, economic competitiveness, quality of life, and 

14 safety; 

15 (2) improves the condition of critical 

16 multimodal transportation facilities; 

17 (3) needs construction, reconstruction, or reha18 bilitation; 

19 (4) is included in or eligible for inclusion in the 

20 National Register of Historic Places; 

21 (5) enhances environmental ecosystems; 

22 (6) uses new technologies and innovations that 

23 enhance the efficiency of the project; 


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1 (7) is supported by funds, other than the funds 

2 received under the program, to construct, maintain, 

3 and operate the facility; 

4 (8) spans 2 or more States; and 

5 (9) serves land owned by multiple Federal agen6 cies or Indian tribes. 

7 (g) FEDERAL SHARE.—The Federal share of the cost 

8 of a project shall be 95 percent. 

9 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $150,000,000 for each of fiscal years 2016 through 2021, 

12 to remain available for a period of 3 fiscal years following 

13 the fiscal year for which the amounts were appropriated. 

14 SEC. 1028. FEDERAL LANDS PROGRAMMATIC ACTIVITIES. 

15 Section 201(c) of title 23, United States Code, is 

16 amended— 

17 (1) in paragraph (6)(A)— 

18 (A) by redesignating clauses (i) and (ii) as 

19 subclauses (I) and (II), respectively; 

20 (B) in the matter preceding subclause (I) 

21 (as so redesignated), by striking ‘‘The Secre22 taries’’ and inserting the following: 

23 ‘‘(i) IN GENERAL.—The Secretaries’’; 

24 (C) by inserting a period after ‘‘tribal 

25 transportation program’’; and 


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1 (D) by striking ‘‘in accordance with’’ and 

2 all that follows through ‘‘including—’’ and in3 serting the following: 

4 ‘‘(ii) REQUIREMENT.—Data collected 

5 to implement the tribal transportation pro6 gram shall be in accordance with the In7 dian Self-Determination and Education 

8 Assistance Act (25 U.S.C. 450 et seq.). 

9 ‘‘(iii) INCLUSIONS.—Data collected 

10 under this paragraph includes—’’; and 

11 (2) by striking paragraph (7) and inserting the 

12 following: 

13 ‘‘(7) COOPERATIVE RESEARCH AND TECH14 NOLOGY DEPLOYMENT.—The Secretary may conduct 

15 cooperative research and technology deployment in 

16 coordination with Federal land management agen17 cies, as determined appropriate by the Secretary. 

18 ‘‘(8) FUNDING.— 

19 ‘‘(A) IN GENERAL.—To carry out the ac20 tivities described in this subsection for Federal 

21 lands transportation facilities, Federal lands ac22 cess transportation facilities, and other federally 

23 owned roads open to public travel (as that term 

24 is defined in section 125(e)), the Secretary shall 

25 combine and use not greater than 5 percent for 


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1 each fiscal year of the funds authorized for pro2 grams under sections 203 and 204. 

3 ‘‘(B) OTHER ACTIVITIES.—In addition to 

4 the activities described in subparagraph (A), 

5 funds described under that subparagraph may 

6 be used for— 

7 ‘‘(i) bridge inspections on any feder8 ally owned bridge even if that bridge is not 

9 included on the inventory described under 

10 section 203; and 

11 ‘‘(ii) transportation planning activities 

12 carried out by Federal land management 

13 agencies eligible for funding under this 

14 chapter.’’. 

15 SEC. 1029. FEDERAL LANDS TRANSPORTATION PROGRAM. 

16 Section 203 of title 23, United States Code, is 

17 amended— 

18 (1) in subsection (a)(1)— 

19 (A) in subparagraph (B), by striking ‘‘op20 eration’’ and inserting ‘‘capital, operations,’’; 

21 and 

22 (B) in subparagraph (D), by striking ‘‘sub23 paragraph (A)(iv)’’ and inserting ‘‘subpara24 graph (A)(iv)(I)’’; 

25 (2) in subsection (b)— 


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1 (A) in paragraph (1)(B)— 

2 (i) in clause (iv), by striking ‘‘and’’ at 

3 the end; 

4 (ii) in clause (v), by striking the pe5 riod at the end and inserting a semicolon; 

6 and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(vi) the Bureau of Reclamation; and 

10 ‘‘(vii) independent Federal agencies 

11 with natural resource and land manage12 ment responsibilities.’’; and 

13 (B) in paragraph (2)(B), in the matter 

14 preceding clause (i), by inserting ‘‘performance 

15 management, including’’ after ‘‘support’’; and 

16 (3) in subsection (c)(2)(B), by adding at the 

17 end the following: 

18 ‘‘(vi) The Bureau of Reclamation.’’. 

19 Subtitle B—Acceleration of Project 

20 Delivery 

21 SEC. 1101. CATEGORICAL EXCLUSION FOR PROJECTS OF 

22 LIMITED FEDERAL ASSISTANCE. 

23 Section 1317 of MAP–21 (23 U.S.C. 109 note; Public 

24 Law 112–141) is amended— 


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

2 striking ‘‘Not later than’’ and inserting the fol3 lowing: 

4 ‘‘(a) IN GENERAL.—Not later than’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(b) INFLATIONARY ADJUSTMENT.—The dollar 

7 amounts described in subsection (a) shall be adjusted for 

8 inflation— 

9 ‘‘(1) effective October 1, 2015, to reflect 

10 changes since July 1, 2012, in the Consumer Price 

11 Index for All Urban Consumers published by the 

12 Bureau of Labor Statistics of the Department of 

13 Labor; and 

14 ‘‘(2) effective October 1, 2016, and each suc15 ceeding October 1, to reflect changes for the pre16 ceding 12-month period in the Consumer Price 

17 Index for All Urban Consumers published by the 

18 Bureau of Labor Statistics of the Department of 

19 Labor.’’. 

20 SEC. 1102. PROGRAMMATIC AGREEMENT TEMPLATE. 

21 (a) IN GENERAL.—Section 1318 of MAP–21 (23 

22 U.S.C. 109 note; Public Law 112–141) is amended by 

23 adding at the end the following: 

24 ‘‘(e) PROGRAMMATIC AGREEMENT TEMPLATE.— 


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

2 a template programmatic agreement described in 

3 subsection (d) that provides for efficient and ade4 quate procedures for evaluating Federal actions de5 scribed in section 771.117(c) of title 23, Code of 

6 Federal Regulations (as in effect on the date of en7 actment of this subsection). 

8 ‘‘(2) USE OF TEMPLATE.—The Secretary— 

9 ‘‘(A) on receipt of a request from a State, 

10 shall use the template programmatic agreement 

11 developed under paragraph (1) in carrying out 

12 this section; and 

13 ‘‘(B) on consent of the applicable State, 

14 may modify the template as necessary to ad15 dress the unique needs and characteristics of 

16 the State. 

17 ‘‘(3) OUTCOME MEASUREMENTS.—The Sec18 retary shall establish a method to verify that actions 

19 described in section 771.117(c) of title 23, Code of 

20 Federal Regulations (as in effect on the date of en21 actment of this subsection), are evaluated and docu22 mented in a consistent manner by the State that 

23 uses the template programmatic agreement under 

24 this subsection.’’. 


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1 (b) CATEGORICAL EXCLUSION DETERMINATIONS.— 

2 Not later than 30 days after the date of enactment of this 

3 Act, the Secretary shall revise section 771.117(g) of title 

4 23, Code of Federal Regulations, to allow a programmatic 

5 agreement under this section to include responsibility for 

6 making categorical exclusion determinations— 

7 (1) for actions described in subsections (c) and 

8 (d) of section 771.117 of title 23, Code of Federal 

9 Regulations; and 

10 (2) that meet the criteria for a categorical ex11 clusion under section 1508.4 of title 40, Code of 

12 Federal Regulations (as in effect on the date of en13 actment of this Act), and are identified in the pro14 grammatic agreement. 

15 SEC. 1103. AGENCY COORDINATION. 

16 (a) ROLES AND RESPONSIBILITY OF LEAD AGEN17 CY.—Section 139(c)(6) of title 23, United States Code, 

18 is amended— 

19 (1) in subparagraph (A), by striking ‘‘and’’ at 

20 the end; 

21 (2) in subparagraph (B), by striking the period 

22 at the end and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(C) to consider and respond to comments 

25 received from participating agencies on matters 


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1 within the special expertise or jurisdiction of 

2 the participating agencies.’’. 

3 (b) PARTICIPATING AGENCY RESPONSIBILITIES.— 

4 Section 139(d) of title 23, United States Code, is amended 

5 by adding at the end the following: 

6 ‘‘(8) PARTICIPATING AGENCY RESPONSIBIL7 ITIES.—An agency participating in the collaborative 

8 environmental review process under this section 

9 shall— 

10 ‘‘(A) provide comments, responses, studies, 

11 or methodologies on those areas within the spe12 cial expertise or jurisdiction of the Federal par13 ticipating or cooperating agency; and 

14 ‘‘(B) use the process to address any envi15 ronmental issues of concern to the participating 

16 or cooperating agency.’’. 

17 SEC. 1104. INITIATION OF ENVIRONMENTAL REVIEW PROC18 ESS. 

19 Section 139 of title 23, United States Code, is 

20 amended— 

21 (1) in subsection (a), by striking paragraph (6) 

22 and inserting the following: 

23 ‘‘(6) PROJECT.— 

24 ‘‘(A) IN GENERAL.—The term ‘project’ 

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1 tation capital project, or multimodal project 

2 that, if implemented as proposed by the project 

3 sponsor, would require approval by any oper4 ating administration or secretarial office within 

5 the Department. 

6 ‘‘(B) CONSIDERATIONS.—For purposes of 

7 this paragraph, the Secretary shall take into ac8 count, if known, any sources of Federal funding 

9 or financing identified by the project sponsor, 

10 including discretionary grant, loan, and loan 

11 guarantee programs administered by the De12 partment.’’; 

13 (2) in subsection (e)— 

14 (A) in paragraph (1), by inserting ‘‘(in15 cluding any additional information that the 

16 project sponsor considers to be important to ini17 tiate the process for the proposed project)’’ 

18 after ‘‘location of the proposed project’’; and 

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

20 ‘‘(3) REVIEW OF APPLICATION.—Not later than 

21 45 days after the date on which an application is re22 ceived by the Secretary under this subsection, the 

23 Secretary shall provide to the project sponsor a writ24 ten response that, as applicable— 


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1 ‘‘(A) describes the determination of the 

2 Secretary— 

3 ‘‘(i) to initiate the environmental re4 view process, including a timeline and an 

5 expected date for the publication in the 

6 Federal Register of the relevant notice of 

7 intent; or 

8 ‘‘(ii) to decline the application, includ9 ing an explanation of the reasons for that 

10 decision; or 

11 ‘‘(B) requests additional information, and 

12 provides to the project sponsor an accounting, 

13 regarding what is necessary to initiate the envi14 ronmental review process. 

15 ‘‘(4) REQUEST TO DESIGNATE A LEAD AGEN16 CY.— 

17 ‘‘(A) IN GENERAL.—Any project sponsor 

18 may submit a request to the Secretary to des19 ignate a specific operating administration or 

20 secretarial office within the Department of 

21 Transportation to serve as the Federal lead 

22 agency for a project. 

23 ‘‘(B) PROPOSED SCHEDULE.—A request 

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1 posed schedule for completing the environ2 mental review process. 

3 ‘‘(C) SECRETARIAL ACTION.— 

4 ‘‘(i) IN GENERAL.—If a request under 

5 subparagraph (A) is received, the Sec6 retary shall respond to the request not 

7 later than 45 days after the date of re8 ceipt. 

9 ‘‘(ii) REQUIREMENTS.—The response 

10 shall— 

11 ‘‘(I) approve the request; 

12 ‘‘(II) deny the request, with an 

13 explanation of the reasons; or 

14 ‘‘(III) require the submission of 

15 additional information. 

16 ‘‘(iii) ADDITIONAL INFORMATION.—If 

17 additional information is submitted in ac18 cordance with clause (ii)(III), the Sec19 retary shall respond to that submission not 

20 later than 45 days after the date of re21 ceipt.’’; and 

22 (3) in subsection (f)(4), by adding at the end 

23 the following: 

24 ‘‘(E) REDUCTION OF DUPLICATION.— 


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1 ‘‘(i) IN GENERAL.—In carrying out 

2 this paragraph, the lead agency shall re3 duce duplication, to the maximum extent 

4 practicable, between— 

5 ‘‘(I) the evaluation of alternatives 

6 under the National Environmental 

7 Policy Act of 1969 (42 U.S.C. 4321 

8 et seq.); and 

9 ‘‘(II) the evaluation of alter10 natives in the metropolitan transpor11 tation planning process under section 

12 134 of title 23, United States Code, 

13 or an environmental review process 

14 carried out under State law (referred 

15 to in this subparagraph as a ‘State 

16 environmental review process’). 

17 ‘‘(ii) CONSIDERATION OF ALTER18 NATIVES.—The lead agency may eliminate 

19 from detailed consideration an alternative 

20 proposed in an environmental impact state21 ment regarding a project if, as determined 

22 by the lead agency— 

23 ‘‘(I) the alternative was consid24 ered in a metropolitan planning proc25 ess or a State environmental review 


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1 process by a metropolitan planning or2 ganization or a State or local trans3 portation agency, as applicable; 

4 ‘‘(II) the lead agency provided 

5 guidance to the metropolitan planning 

6 organization or State or local trans7 portation agency, as applicable, re8 garding analysis of alternatives in the 

9 metropolitan planning process or 

10 State environmental review process, 

11 including guidance on the require12 ments under the National Environ13 mental Policy Act of 1969 (42 U.S.C. 

14 4321 et seq.) and any other require15 ments of Federal law necessary for 

16 approval of the project; 

17 ‘‘(III) the applicable metropolitan 

18 planning process or State environ19 mental review process included an op20 portunity for public review and com21 ment; 

22 ‘‘(IV) the applicable metropolitan 

23 planning organization or State or 

24 local transportation agency rejected 


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1 the alternative after considering pub2 lic comments; 

3 ‘‘(V) the Federal lead agency 

4 independently reviewed the alternative 

5 evaluation approved by the applicable 

6 metropolitan planning organization or 

7 State or local transportation agency; 

8 and 

9 ‘‘(VI) the Federal lead agency 

10 has determined— 

11 ‘‘(aa) in consultation with 

12 Federal participating or cooper13 ating agencies, that the alter14 native to be eliminated from con15 sideration is not necessary for 

16 compliance with the National En17 vironmental Policy Act of 1969 

18 (42 U.S.C. 4321 et seq.); or 

19 ‘‘(bb) with the concurrence 

20 of Federal agencies with jurisdic21 tion over a permit or approval re22 quired for a project, that the al23 ternative to be eliminated from 

24 consideration is not necessary for 


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1 any permit or approval under any 

2 other Federal law.’’. 

3 SEC. 1105. IMPROVING COLLABORATION FOR ACCELER4 ATED DECISIONMAKING. 

5 (a) COORDINATION AND SCHEDULING.—Section 

6 139(g)(1)(B)(i) of title 23, United States Code, is amend7 ed— 

8 (1) by striking ‘‘The lead agency’’ and inserting 

9 ‘‘For a project requiring an environmental impact 

10 statement or environmental assessment, the lead 

11 agency’’; and 

12 (2) by striking ‘‘may’’ and inserting ‘‘shall’’. 

13 (b) ISSUE IDENTIFICATION AND RESOLUTION.—Sec14 tion 139(h) of title 23, United States Code, is amended— 

15 (1) in paragraph (4)(C), by striking ‘‘paragraph 

16 (5) and’’ and inserting ‘‘paragraph (5)’’; 

17 (2) in paragraph (5)(A)(ii)(I), by inserting ‘‘, 

18 including modifications to the project schedule’’ 

19 after ‘‘review process’’; and 

20 (3) in paragraph (6)(B), by striking clause (ii) 

21 and inserting the following: 

22 ‘‘(ii) DESCRIPTION OF DATE.—The 

23 date referred to in clause (i) is 1 of the fol24 lowing: 


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1 ‘‘(I) The date that is 30 days 

2 after the date for rendering a decision 

3 as described in the project schedule 

4 established pursuant to subsection 

5 (g)(1)(B). 

6 ‘‘(II) If no schedule exists, the 

7 later of— 

8 ‘‘(aa) the date that is 180 

9 days after the date on which an 

10 application for the permit, license 

11 or approval is complete; or 

12 ‘‘(bb) the date that is 180 

13 days after the date on which the 

14 Federal lead agency issues a de15 cision on the project under the 

16 National Environmental Policy 

17 Act of 1969 (42 U.S.C. 4321 et 

18 seq.). 

19 ‘‘(III) A modified date consistent 

20 with subsection (g)(1)(D).’’. 

21 SEC. 1106. ACCELERATED DECISIONMAKING IN ENVIRON22 MENTAL REVIEWS. 

23 (a) IN GENERAL.—Section 139 of title 23, United 

24 States Code, is amended by adding at the end the fol25 lowing: 


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1 ‘‘(n) ACCELERATED DECISIONMAKING IN ENVIRON2 MENTAL REVIEWS.— 

3 ‘‘(1) IN GENERAL.—In preparing a final envi4 ronmental impact statement under the National En5 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

6 seq.), if the lead agency modifies the statement in 

7 response to comments that are minor and are con8 fined to factual corrections or explanations regarding 

9 why the comments do not warrant additional agency 

10 response, the lead agency may write on errata sheets 

11 attached to the statement instead of rewriting the 

12 draft statement, subject to the condition that the er13 rata sheets shall— 

14 ‘‘(A) cite the sources, authorities, or rea15 sons that support the position of the lead agen16 cy; and 

17 ‘‘(B) if appropriate, indicate the cir18 cumstances that would trigger agency re19 appraisal or further response. 

20 ‘‘(2) INCORPORATION.—To the maximum ex21 tent practicable, the lead agency shall expeditiously 

22 develop a single document that consists of a final en23 vironmental impact statement and a record of deci24 sion, unless— 


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1 ‘‘(A) the final environmental impact state2 ment makes substantial changes to the pro3 posed action that are relevant to environmental 

4 or safety concerns; or 

5 ‘‘(B) there are significant new cir6 cumstances or information that— 

7 ‘‘(i) are relevant to environmental 

8 concerns; and 

9 ‘‘(ii) bear on the proposed action or 

10 the impacts of the proposed action.’’. 

11 (b) REPEAL.—Section 1319 of MAP–21 (42 U.S.C. 

12 4332a) is repealed. 

13 SEC. 1107. IMPROVING TRANSPARENCY IN ENVIRON14 MENTAL REVIEWS. 

15 Section 139 of title 23, United States Code (as 

16 amended by section 1106(a)), is amended by adding at 

17 the end the following: 

18 ‘‘(o) REVIEWS, APPROVALS, AND PERMITTING PLAT19 FORM.— 

20 ‘‘(1) IN GENERAL.—Not later than 2 years 

21 after the date of enactment of this subsection, the 

22 Secretary shall establish an online platform and, in 

23 coordination with agencies described in paragraph 

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1 quired for compliance with the National Environ2 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

3 or other applicable Federal laws for projects and ac4 tivities requiring an environmental assessment or an 

5 environmental impact statement. 

6 ‘‘(2) FEDERAL AGENCY PARTICIPATION.—A 

7 Federal agency of jurisdiction over a review, ap8 proval, or permit described in paragraph (1) shall 

9 provide status information in accordance with the 

10 standards established by the Secretary under para11 graph (1). 

12 ‘‘(3) STATE RESPONSIBILITIES.—A State that 

13 is assigned and assumes responsibilities under sec14 tion 326 or 327 shall provide applicable status infor15 mation in accordance with standards established by 

16 the Secretary under paragraph (1).’’. 

17 SEC. 1108. INTEGRATION OF PLANNING AND ENVIRON18 MENTAL REVIEW. 

19 Section 168 of title 23, United States Code, is 

20 amended to read as follows: 

21 ‘‘§ 168. Integration of planning and environmental re22 view 

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

24 definitions apply: 


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1 ‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The 

2 term ‘environmental review process’ means the proc3 ess for preparing for a project an environmental im4 pact statement, environmental assessment, categor5 ical exclusion, or other document prepared under the 

6 National Environmental Policy Act of 1969 (42 

7 U.S.C. 4321 et seq.). 

8 ‘‘(2) LEAD AGENCY.—The term ‘lead agency’ 

9 has the meaning given the term in section 139(a). 

10 ‘‘(3) PLANNING PRODUCT.—The term ‘planning 

11 product’ means a decision, analysis, study, or other 

12 documented information that is the result of an eval13 uation or decisionmaking process carried out by a 

14 metropolitan planning organization or a State, as 

15 appropriate, during metropolitan or statewide trans16 portation planning under section 134 or 135, respec17 tively. 

18 ‘‘(4) PROJECT.—The term ‘project’ has the 

19 meaning given the term in section 139(a). 

20 ‘‘(b) ADOPTION OF PLANNING PRODUCTS FOR USE

21 IN NEPA PROCEEDINGS.— 

22 ‘‘(1) IN GENERAL.—Subject to subsection (d), 

23 the Federal lead agency for a project may adopt and 

24 use a planning product in proceedings relating to 


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1 any class of action in the environmental review proc2 ess of the project. 

3 ‘‘(2) IDENTIFICATION.—If the Federal lead 

4 agency makes a determination to adopt and use a 

5 planning product, the Federal lead agency shall 

6 identify the agencies that participated in the devel7 opment of the planning products. 

8 ‘‘(3) PARTIAL ADOPTION OF PLANNING PROD9 UCTS.—The Federal lead agency may— 

10 ‘‘(A) adopt an entire planning product 

11 under paragraph (1); or 

12 ‘‘(B) select portions of a planning project 

13 under paragraph (1) for adoption. 

14 ‘‘(4) TIMING.—A determination under para15 graph (1) with respect to the adoption of a planning 

16 product may— 

17 ‘‘(A) be made at the time the lead agencies 

18 decide the appropriate scope of environmental 

19 review for the project; or 

20 ‘‘(B) occur later in the environmental re21 view process, as appropriate. 

22 ‘‘(c) APPLICABILITY.— 

23 ‘‘(1) PLANNING DECISIONS.—The lead agency 

24 in the environmental review process may adopt deci25 sions from a planning product, including— 


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1 ‘‘(A) whether tolling, private financial as2 sistance, or other special financial measures are 

3 necessary to implement the project; 

4 ‘‘(B) a decision with respect to general 

5 travel corridor or modal choice, including a de6 cision to implement corridor or subarea study 

7 recommendations to advance different modal so8 lutions as separate projects with independent 

9 utility; 

10 ‘‘(C) the purpose and the need for the pro11 posed action; 

12 ‘‘(D) preliminary screening of alternatives 

13 and elimination of unreasonable alternatives; 

14 ‘‘(E) a basic description of the environ15 mental setting; 

16 ‘‘(F) a decision with respect to methodolo17 gies for analysis; and 

18 ‘‘(G) an identification of programmatic 

19 level mitigation for potential impacts of trans20 portation projects, including— 

21 ‘‘(i) measures to avoid, minimize, and 

22 mitigate impacts at a regional or national 

23 scale; 

24 ‘‘(ii) investments in regional eco25 system and water resources; and 


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1 ‘‘(iii) a programmatic mitigation plan 

2 developed in accordance with section 169. 

3 ‘‘(2) PLANNING ANALYSES.—The lead agency 

4 in the environmental review process may adopt anal5 yses from a planning product, including— 

6 ‘‘(A) travel demands; 

7 ‘‘(B) regional development and growth; 

8 ‘‘(C) local land use, growth management, 

9 and development; 

10 ‘‘(D) population and employment; 

11 ‘‘(E) natural and built environmental con12 ditions; 

13 ‘‘(F) environmental resources and environ14 mentally sensitive areas; 

15 ‘‘(G) potential environmental effects, in16 cluding the identification of resources of con17 cern and potential indirect and cumulative ef18 fects on those resources; and 

19 ‘‘(H) mitigation needs for a proposed ac20 tion, or for programmatic level mitigation, for 

21 potential effects that the Federal lead agency 

22 determines are most effectively addressed at a 

23 regional or national program level. 

24 ‘‘(d) CONDITIONS.—The lead agency in the environ25 mental review process may adopt and use a planning prodVerDate Sep 11 2014 01:46 Jun 25, 2015 Jkt 049200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.IS S1647

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1 uct under this section if the lead agency determines, with 

2 the concurrence of other participating agencies with rel3 evant expertise and project sponsors, as appropriate, that 

4 the following conditions have been met: 

5 ‘‘(1) The planning product was developed 

6 through a planning process conducted pursuant to 

7 applicable Federal law. 

8 ‘‘(2) The planning product was developed in 

9 consultation with appropriate Federal and State re10 source agencies and Indian tribes. 

11 ‘‘(3) The planning process included broad mul12 tidisciplinary consideration of systems-level or cor13 ridor-wide transportation needs and potential effects, 

14 including effects on the human and natural environ15 ment. 

16 ‘‘(4) The planning process included public no17 tice that the planning products produced in the plan18 ning process may be adopted during a subsequent 

19 environmental review process in accordance with this 

20 section. 

21 ‘‘(5) During the environmental review process, 

22 the lead agency has— 

23 ‘‘(A) made the planning documents avail24 able for public review and comment; 


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1 ‘‘(B) provided notice of the intention of the 

2 lead agency to adopt the planning product; and 

3 ‘‘(C) considered any resulting comments. 

4 ‘‘(6) There is no significant new information or 

5 new circumstance that has a reasonable likelihood of 

6 affecting the continued validity or appropriateness of 

7 the planning product. 

8 ‘‘(7) The planning product has a rational basis 

9 and is based on reliable and reasonably current data 

10 and reasonable and scientifically acceptable meth11 odologies. 

12 ‘‘(8) The planning product is documented in 

13 sufficient detail to support the decision or the re14 sults of the analysis and to meet requirements for 

15 use of the information in the environmental review 

16 process. 

17 ‘‘(9) The planning product is appropriate for 

18 adoption and use in the environmental review proc19 ess for the project and is incorporated in accordance 

20 with the National Environmental Policy Act of 1969 

21 (42 U.S.C. 4321 et seq.) and section 1502.21 of title 

22 40, Code of Federal Regulations (as in effect on the 

23 date of enactment of the DRIVE Act). 


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1 ‘‘(e) EFFECT OF ADOPTION.—Any planning product 

2 adopted by the Federal lead agency in accordance with 

3 this section may be— 

4 ‘‘(1) incorporated directly into an environmental 

5 review process document or other environmental doc6 ument; and 

7 ‘‘(2) relied on and used by other Federal agen8 cies in carrying out reviews of the project. 

9 ‘‘(f) RULES OF CONSTRUCTION.— 

10 ‘‘(1) IN GENERAL.—This section does not make 

11 the environmental review process applicable to the 

12 transportation planning process conducted under 

13 this title and chapter 53 of title 49. 

14 ‘‘(2) TRANSPORTATION PLANNING ACTIVI15 TIES.—Initiation of the environmental review proc16 ess as a part of, or concurrently with, transportation 

17 planning activities does not subject transportation 

18 plans and programs to the environmental review 

19 process. 

20 ‘‘(3) PLANNING PRODUCTS.—This section does 

21 not affect the use of planning products in the envi22 ronmental review process pursuant to other authori23 ties under any other provision of law or restrict the 

24 initiation of the environmental review process during 

25 planning.’’. 


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1 SEC. 1109. USE OF PROGRAMMATIC MITIGATION PLANS. 

2 Section 169(f) of title 23, United States Code, is 

3 amended— 

4 (1) by striking ‘‘may use’’ and inserting ‘‘shall 

5 consider’’; and 

6 (2) by inserting ‘‘or other Federal environ7 mental law’’ before the period at the end. 

8 SEC. 1110. ADOPTION OF DEPARTMENTAL ENVIRON9 MENTAL DOCUMENTS. 

10 (a) IN GENERAL.—Title 49, United States Code, is 

11 amended by inserting after section 306 the following: 

12 ‘‘§ 307. Adoption of Departmental environmental doc13 uments 

14 ‘‘(a) IN GENERAL.—An operating administration or 

15 secretarial office within the Department may adopt any 

16 draft environmental impact statement, final environmental 

17 impact statement, environmental assessment, or any other 

18 document issued under the National Environmental Policy 

19 Act of 1969 (42 U.S.C. 4321 et seq.) by another operating 

20 administration or secretarial office within the Depart21 ment— 

22 ‘‘(1) without recirculating the document (except 

23 that a final environmental impact statement shall be 

24 recirculated prior to adoption); and 

25 ‘‘(2) if the operating administration or secre26 tarial office adopting the document certifies that the 


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1 project is substantially the same as the project re2 viewed under the document to be adopted. 

3 ‘‘(b) COOPERATING AGENCY.—An adopting operating 

4 administration or secretarial office that was a cooperating 

5 agency and certifies that the project is substantially the 

6 same as the project reviewed under the document to be 

7 adopted and that the comments and suggestions in the 

8 document have been addressed may adopt a document de9 scribed in subsection (a) without recirculating the docu10 ment.’’. 

11 (b) CONFORMING AMENDMENT.—The analysis for 

12 chapter 3 of title 49, United States Code, is amended by 

13 striking the item relating to section 307 and inserting the 

14 following: 

‘‘Sec. 307. Adoption of Departmental environmental documents.’’. 

15 SEC. 1111. TECHNICAL ASSISTANCE FOR STATES. 

16 Section 326 of title 23, United States Code, is 

17 amended— 

18 (1) in subsection (c)— 

19 (A) by redesignating paragraphs (2) 

20 through (4) as paragraphs (3) through (5), re21 spectively; and 

22 (B) by inserting after paragraph (1) the 

23 following: 

24 ‘‘(2) ASSISTANCE TO STATES.—On request of a 

25 Governor of a State, the Secretary shall provide to 


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1 the State technical assistance, training, or other 

2 support relating to— 

3 ‘‘(A) assuming responsibility under sub4 section (a); 

5 ‘‘(B) developing a memorandum of under6 standing under this subsection; or 

7 ‘‘(C) addressing a responsibility in need of 

8 corrective action under subsection (d)(1)(B).’’; 

9 and 

10 (2) in subsection (d), by striking paragraph (1) 

11 and inserting the following: 

12 ‘‘(1) TERMINATION BY SECRETARY.—The Sec13 retary may terminate the participation of any State 

14 in the program, if— 

15 ‘‘(A) the Secretary determines that the 

16 State is not adequately carrying out the respon17 sibilities assigned to the State; 

18 ‘‘(B) the Secretary provides to the State— 

19 ‘‘(i) a notification of the determina20 tion of noncompliance; 

21 ‘‘(ii) a period of not less than 120 

22 days to take such corrective action as the 

23 Secretary determines to be necessary to 

24 comply with the applicable agreement; and 


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1 ‘‘(iii) on request of the Governor of 

2 the State, a detailed description of each re3 sponsibility in need of corrective action re4 garding an inadequacy identified under 

5 subparagraph (A); and 

6 ‘‘(C) the State, after the notification and 

7 period described in clauses (i) and (ii) of sub8 paragraph (B), fails to take satisfactory correc9 tive action, as determined by the Secretary.’’. 

10 SEC. 1112. SURFACE TRANSPORTATION PROJECT DELIV11 ERY PROGRAM. 

12 Section 327(j) of title 23, United States Code, is 

13 amended by striking paragraph (1) and inserting the fol14 lowing: 

15 ‘‘(1) TERMINATION BY SECRETARY.—The Sec16 retary may terminate the participation of any State 

17 in the program if— 

18 ‘‘(A) the Secretary determines that the 

19 State is not adequately carrying out the respon20 sibilities assigned to the State; 

21 ‘‘(B) the Secretary provides to the State— 

22 ‘‘(i) a notification of the determina23 tion of noncompliance; 

24 ‘‘(ii) a period of not less than 120 

25 days to take such corrective action as the 


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1 Secretary determines to be necessary to 

2 comply with the applicable agreement; and 

3 ‘‘(iii) on request of the Governor of 

4 the State, a detailed description of each re5 sponsibility in need of corrective action re6 garding an inadequacy identified under 

7 subparagraph (A); and 

8 ‘‘(C) the State, after the notification and 

9 period provided under subparagraph (B), fails 

10 to take satisfactory corrective action, as deter11 mined by the Secretary.’’. 

12 SEC. 1113. CATEGORICAL EXCLUSIONS FOR MULTIMODAL 

13 PROJECTS. 

14 (a) MULTIMODAL PROJECT DEFINED.—Section 

15 139(a) of title 23, United States Code, is amended by 

16 striking paragraph (5) and inserting the following: 

17 ‘‘(5) MULTIMODAL PROJECT.—The term 

18 ‘multimodal project’ means a project that requires 

19 approval by more than 1 Department of Transpor20 tation operating administration or secretarial of21 fice.’’. 

22 (b) APPLICATION OF CATEGORICAL EXCLUSIONS FOR

23 MULTIMODAL PROJECTS.—Section 304 of title 49, United 

24 States Code, is amended— 

25 (1) in subsection (a)— 


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1 (A) in paragraph (1), by striking ‘‘oper2 ating authority that is not the lead authority 

3 with respect to a project’’ and inserting ‘‘oper4 ating administration or secretarial office that 

5 has expertise but is not the lead authority with 

6 respect to a proposed multimodal project’’; and 

7 (B) by striking paragraph (2) and insert8 ing the following: 

9 ‘‘(2) LEAD AUTHORITY.—The term ‘lead au10 thority’ means a Department of Transportation op11 erating administration or secretarial office that has 

12 the lead responsibility for compliance with the Na13 tional Environmental Policy Act of 1969 (42 U.S.C. 

14 4321 et seq.) for a proposed multimodal project.’’; 

15 (2) in subsection (b), by striking ‘‘under this 

16 title’’ and inserting ‘‘by the Secretary of Transpor17 tation’’; 

18 (3) in subsection (c)— 

19 (A) in the matter preceding paragraph 

20 (1)— 

21 (i) by striking ‘‘a categorical exclusion 

22 designated under the implementing regula23 tions or’’ and inserting ‘‘a categorical ex24 clusion designated under the National En25 vironmental Policy Act of 1969 (42 U.S.C. 


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1 4321 et seq.) implementing regulations 

2 or’’; and 

3 (ii) by striking ‘‘other components of 

4 the’’ and inserting ‘‘a proposed 

5 multimodal’’; and 

6 (B) by striking paragraphs (1) through (5) 

7 and inserting the following: 

8 ‘‘(1) the lead authority makes a determination, 

9 in consultation with the cooperating authority, on 

10 the applicability of a categorical exclusion to a pro11 posed multimodal project; 

12 ‘‘(2) the cooperating authority does not object 

13 to the determination of the lead authority of the ap14 plicability of a categorical exclusion; 

15 ‘‘(3) the lead authority determines that the 

16 component of the proposed multimodal project to be 

17 covered by the categorical exclusion of the cooper18 ating authority has independent utility; and 

19 ‘‘(4) the lead authority determines that— 

20 ‘‘(A) the proposed multimodal project does 

21 not individually or cumulatively have a signifi22 cant impact on the environment; and 

23 ‘‘(B) extraordinary circumstances do not 

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1 ment or environmental assessment required 

2 under the National Environmental Policy Act of 

3 1969 (42 U.S.C. 4321 et seq.).’’; and 

4 (4) by striking subsection (d) and inserting the 

5 following: 

6 ‘‘(d) COOPERATIVE AUTHORITY EXPERTISE.—A co7 operating authority shall provide expertise to the lead au8 thority on aspects of the multimodal project in which the 

9 cooperating authority has expertise.’’. 

10 SEC. 1114. MODERNIZATION OF THE ENVIRONMENTAL RE11 VIEW PROCESS. 

12 (a) IN GENERAL.—Not later than 180 days after the 

13 date of enactment of this Act, the Secretary shall examine 

14 ways to modernize, simplify, and improve the implementa15 tion of the National Environmental Policy Act of 1969 (42 

16 U.S.C. 4231 et seq.) by the Department. 

17 (b) INCLUSIONS.—In carrying out subsection (a), the 

18 Secretary shall consider— 

19 (1) the use of technology in the process, such 

20 as— 

21 (A) searchable databases; 

22 (B) geographic information system map23 ping tools; 


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1 (C) integration of those tools with fiscal 

2 management systems to provide more detailed 

3 data; and 

4 (D) other innovative technologies; 

5 (2) ways to prioritize use of programmatic envi6 ronmental impact statements; 

7 (3) methods to encourage cooperating agencies 

8 to present analyses in a concise format; and 

9 (4) any other improvements that can be made 

10 to modernize process implementation. 

11 (c) REPORT.—Not later than 1 year after the date 

12 of enactment of this Act, the Secretary shall submit to 

13 the Committee on Environment and Public Works of the 

14 Senate and the Committee on Transportation and Infra15 structure of the House of Representatives a report de16 scribing the results of the review carried out under sub17 section (a). 

18 SEC. 1115. SERVICE CLUB, CHARITABLE ASSOCIATION, OR 

19 RELIGIOUS SERVICE SIGNS. 

20 Notwithstanding section 131 of title 23, United 

21 States Code, and part 750 of title 23, Code of Federal 

22 Regulations (or successor regulations), a State may allow 

23 the maintenance of a sign of a service club, charitable as24 sociation, or religious service that was erected as of the 

25 date of enactment of this Act, the area of which is less 


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1 than or equal to 32 square feet, if the State notifies the 

2 Federal Highway Administration. 

3 SEC. 1116. SATISFACTION OF REQUIREMENTS FOR CER4 TAIN HISTORIC SITES. 

5 (a) HIGHWAYS.—Section 138 of title 23, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘(c) SATISFACTION OF REQUIREMENTS FOR CER9 TAIN HISTORIC SITES.— 

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

11 ‘‘(A) ensure that the requirements of this 

12 section are consistent with the requirements of 

13 the National Environmental Policy Act of 1969 

14 (42 U.S.C. 4231 et seq.) and section 306108 of 

15 title 54, including implementing regulations; 

16 and 

17 ‘‘(B) not later than 90 days after the date 

18 of enactment of this subsection, coordinate with 

19 the Secretary of the Interior and the Executive 

20 Director of the Advisory Council on Historic 

21 Preservation (referred to in this subsection as 

22 the ‘Council’) to establish procedures to satisfy 

23 the requirements described in subparagraph (A) 

24 (including regulations). 

25 ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 


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1 ‘‘(A) IN GENERAL.—If, in an analysis re2 quired under the National Environmental Pol3 icy Act of 1969 (42 U.S.C. 4231 et seq.), the 

4 Secretary determines that there is no feasible or 

5 prudent alternative to avoid use of a historic 

6 site, the Secretary may— 

7 ‘‘(i) include the determination of the 

8 Secretary in the analysis required under 

9 that Act; 

10 ‘‘(ii) provide a notice of the deter11 mination to— 

12 ‘‘(I) each applicable State his13 toric preservation officer and tribal 

14 historic preservation officer; 

15 ‘‘(II) the Council, if the Council 

16 is participating in the consultation 

17 process under section 306108 of title 

18 54; and 

19 ‘‘(III) the Secretary of the Inte20 rior; and 

21 ‘‘(iii) request from the applicable pres22 ervation officer, the Council, and the Sec23 retary of the Interior a concurrence that 

24 the determination is sufficient to satisfy 

25 the requirement of subsection (a)(1). 


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1 ‘‘(B) CONCURRENCE.—If the applicable 

2 preservation officer, the Council, and the Sec3 retary of the Interior provide a concurrence re4 quested under subparagraph (A)(iii)— 

5 ‘‘(i) no further analysis under sub6 section (a)(1) shall be required; 

7 ‘‘(ii) the Secretary shall include in the 

8 record of decision or finding of no signifi9 cant impact a notice of a determination 

10 and each relevant concurrence to the deter11 mination under subparagraph (A); and 

12 ‘‘(iii) not later than 3 days after the 

13 receipt by the Secretary of all concurrences 

14 requested under subparagraph (A)(iii), the 

15 Secretary shall post on an appropriate 

16 Federal website the determination and 

17 each relevant concurrence described in 

18 clause (ii). 

19 ‘‘(3) ALIGNING HISTORICAL REVIEWS.— 

20 ‘‘(A) IN GENERAL.—If the Secretary, the 

21 applicable preservation officer, the Council, and 

22 the Secretary of the Interior concur that there 

23 is no feasible and prudent alternative as de24 scribed in paragraph (2), the Secretary may 

25 provide to the applicable preservation officer, 


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1 the Council, and the Secretary of the Interior 

2 notice of the intent of the Secretary to satisfy 

3 the requirements of subsection (a)(2) through 

4 the consultation requirements of section 306108 

5 of title 54. 

6 ‘‘(B) SATISFACTION OF CONDITIONS.—To 

7 satisfy the requirements of subsection (a)(2), 

8 each individual described in paragraph 

9 (2)(A)(ii) shall concur in the treatment of the 

10 applicable historic site described in the memo11 randum of agreement or programmatic agree12 ment developed under section 306108 of title 

13 54.’’. 

14 (b) PUBLIC TRANSPORTATION.—Section 303 of title 

15 49, United States Code, is amended— 

16 (1) in subsection (c), in the matter preceding 

17 paragraph (1), by striking ‘‘subsection (d)’’ and in18 serting ‘‘subsections (d) and (e)’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(e) SATISFACTION OF REQUIREMENTS FOR CER21 TAIN HISTORIC SITES.— 

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

23 ‘‘(A) ensure that the requirements of this 

24 section are consistent with the requirements of 

25 the National Environmental Policy Act of 1969 


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1 (42 U.S.C. 4231 et seq.) and section 306108 of 

2 title 54, including implementing regulations; 

3 and 

4 ‘‘(B) not later than 90 days after the date 

5 of enactment of this subsection, coordinate with 

6 the Secretary of the Interior and the Executive 

7 Director of the Advisory Council on Historic 

8 Preservation (referred to in this subsection as 

9 the ‘Council’) to establish procedures to satisfy 

10 the requirements described in subparagraph (A) 

11 (including regulations). 

12 ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 

13 ‘‘(A) IN GENERAL.—If, in an analysis re14 quired under the National Environmental Pol15 icy Act of 1969 (42 U.S.C. 4231 et seq.), the 

16 Secretary determines that there is no feasible or 

17 prudent alternative to avoid use of a historic 

18 site, the Secretary may— 

19 ‘‘(i) include the determination of the 

20 Secretary in the analysis required under 

21 that Act; 

22 ‘‘(ii) provide a notice of the deter23 mination to— 


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1 ‘‘(I) each applicable State his2 toric preservation officer and tribal 

3 historic preservation officer; 

4 ‘‘(II) the Council, if the Council 

5 is participating in the consultation 

6 process under section 306108 of title 

7 54; and 

8 ‘‘(III) the Secretary of the Inte9 rior; and 

10 ‘‘(iii) request from the applicable pres11 ervation officer, the Council, and the Sec12 retary of the Interior a concurrence that 

13 the determination is sufficient to satisfy 

14 the requirement of subsection (c)(1). 

15 ‘‘(B) CONCURRENCE.—If the applicable 

16 preservation officer, the Council, and the Sec17 retary of the Interior provide a concurrence re18 quested under subparagraph (A)(iii)— 

19 ‘‘(i) no further analysis under sub20 section (c)(1) shall be required; 

21 ‘‘(ii) the Secretary shall include in the 

22 record of decision or finding of no signifi23 cant impact a notice of a determination 

24 and each relevant concurrence to the deter25 mination under subparagraph (A); and 


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1 ‘‘(iii) not later than 3 days after the 

2 receipt by the Secretary of all concurrences 

3 requested under subparagraph (A)(iii), the 

4 Secretary shall post on an appropriate 

5 Federal website the determination and 

6 each relevant concurrence described in 

7 clause (ii). 

8 ‘‘(3) ALIGNING HISTORICAL REVIEWS.— 

9 ‘‘(A) IN GENERAL.—If the Secretary, the 

10 applicable preservation officer, the Council, and 

11 the Secretary of the Interior concur that there 

12 is no feasible and prudent alternative as de13 scribed in paragraph (2), the Secretary may 

14 provide to the applicable preservation officer, 

15 the Council, and the Secretary of the Interior 

16 notice of the intent of the Secretary to satisfy 

17 the requirements of subsection (c)(2) through 

18 the consultation requirements of section 306108 

19 of title 54. 

20 ‘‘(B) SATISFACTION OF CONDITIONS.—To 

21 satisfy the requirements of subsection (c)(2), 

22 the applicable preservation officer, the Council, 

23 and the Secretary of the Interior shall concur in 

24 the treatment of the applicable historic site de25 scribed in the memorandum of agreement or 


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1 programmatic agreement developed under sec2 tion 306108 of title 54.’’. 

3 SEC. 1117. BRIDGE EXEMPTION FROM CONSIDERATION 

4 UNDER CERTAIN PROVISIONS. 

5 (a) PRESERVATION OF PARKLANDS.—Section 138 of 

6 title 23, United States Code, as amended by section 1116, 

7 is amended by adding at the end the following: 

8 ‘‘(d) BRIDGE EXEMPTION FROM CONSIDERATION.— 

9 A common post-1945 concrete or steel bridge or culvert 

10 (as described in 77 Fed. Reg. 68790) that is exempt from 

11 individual review under section 306108 of title 54, United 

12 States Code, shall be exempt from consideration under 

13 this section.’’. 

14 (b) POLICY ON LANDS, WILDLIFE AND WATERFOWL

15 REFUGES, AND HISTORIC SITES.—Section 303 of title 49, 

16 United States Code, as amended by section 1116, is 

17 amended by adding at the end the following: 

18 ‘‘(f) BRIDGE EXEMPTION FROM CONSIDERATION.— 

19 A common post-1945 concrete or steel bridge or culvert 

20 (as described in 77 Fed. Reg. 68790) that is exempt from 

21 individual review under section 306108 of title 54, United 

22 States Code, shall be exempt from consideration under 

23 this section.’’. 


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1 SEC. 1118. ELIMINATION OF BARRIERS TO IMPROVE AT2 RISK BRIDGES. 

3 (a) TEMPORARY AUTHORIZATION.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, until the Secretary of the Interior 

6 takes the action described in subsection (b), the take 

7 of nesting swallows to facilitate a construction 

8 project on a bridge eligible for funding under title 

9 23, United States Code, with any component condi10 tion rating of 3 or less (as defined by the National 

11 Bridge Inventory General Condition Guidance issued 

12 by the Federal Highway Administration) is author13 ized under the Migratory Bird Treaty Act (16 

14 U.S.C. 703 et seq.) between April 1 and August 31. 

15 (2) MEASURES TO MINIMIZE IMPACTS.— 

16 (A) NOTIFICATION BEFORE TAKING.— 

17 Prior to the taking of nesting swallows author18 ized under paragraph (1), any person taking 

19 that action shall submit to the Secretary of the 

20 Interior a document that contains— 

21 (i) the name of the person acting 

22 under the authority of paragraph (1) to 

23 take nesting swallows; 

24 (ii) a list of practicable measures that 

25 will be undertaken to minimize or mitigate 


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1 significant adverse impacts on the popu2 lation of that species; 

3 (iii) the time period during which ac4 tivities will be carried out that will result 

5 in the taking of that species; and 

6 (iv) an estimate of the number of 

7 birds, by species, to be taken in the pro8 posed action. 

9 (B) NOTIFICATION AFTER TAKING.—Not 

10 later than 60 days after the taking of nesting 

11 swallows authorized under paragraph (1), any 

12 person taking that action shall submit to the 

13 Secretary of the Interior a document that con14 tains the number of birds, by species, taken in 

15 the action. 

16 (b) AUTHORIZATION OF TAKE.— 

17 (1) IN GENERAL.—The Secretary of the Inte18 rior, in consultation with the Secretary, shall pro19 mulgate a regulation under the authority of section 

20 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) 

21 authorizing the take of nesting swallows to facilitate 

22 bridge repair, maintenance, or construction— 

23 (A) without individual permit require24 ments; and 


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1 (B) under terms and conditions determined 

2 to be consistent with treaties relating to migra3 tory birds that protect swallow species occur4 ring in the United States. 

5 (2) TERMINATION.—On the effective date of a 

6 final rule under this subsection by the Secretary of 

7 the Interior, subsection (a) shall have no force or ef8 fect. 

9 (c) SUSPENSION OR WITHDRAWAL OF TAKE AU10 THORIZATION.—If the Secretary of the Interior, in con11 sultation with the Secretary, determines that taking of 

12 nesting swallows carried out under the authority provided 

13 in subsection (a)(1) is having a significant adverse impact 

14 on swallow populations, the Secretary of the Interior may 

15 suspend that authority through publication in the Federal 

16 Register. 

17 SEC. 1119. AT-RISK PROJECT PREAGREEMENT AUTHORITY. 

18 (a) DEFINITION OF PRELIMINARY ENGINEERING.— 

19 In this section, the term ‘‘preliminary engineering’’ means 

20 allowable preconstruction project development and engi21 neering costs. 

22 (b) AT-RISK PROJECT PREAGREEMENT AUTHOR23 ITY.—A recipient or subrecipient of Federal-aid funds 

24 under title 23, United States Code, may— 


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1 (1) incur preliminary engineering costs for an 

2 eligible project under title 23, United States Code, 

3 before receiving project authorization from the 

4 State, in the case of a subrecipient, and the Sec5 retary to proceed with the project; and 

6 (2) request reimbursement of applicable Federal 

7 funds after the project authorization is received. 

8 (c) ELIGIBILITY.—The Secretary may reimburse pre9 liminary engineering costs incurred by a recipient or sub10 recipient under subsection (b)— 

11 (1) if the costs meet all applicable requirements 

12 under title 23, United States Code, at the time the 

13 costs are incurred and the Secretary concurs that 

14 the requirements have been met; 

15 (2) in the case of a project located within a des16 ignated nonattainment or maintenance area for air 

17 quality, if the conformity requirements of the Clean 

18 Air Act (42 U.S.C. 7401 et seq.) have been met; and 

19 (3) if the costs would have been allowable if in20 curred after the date of the project authorization by 

21 the Department. 

22 (d) AT-RISK.—A recipient or subrecipient that elects 

23 to use the authority provided under this section shall— 

24 (1) assume all risk for preliminary engineering 

25 costs incurred prior to project authorization; and 


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1 (2) be responsible for ensuring and dem2 onstrating to the Secretary that all applicable cost 

3 eligibility conditions are met after the authorization 

4 is received. 

5 (e) RESTRICTIONS.—Nothing in this section— 

6 (1) allows a recipient or subrecipient to use the 

7 authority under this section to advance a project be8 yond preliminary engineering prior to the completion 

9 of the environmental review process; 

10 (2) waives the applicability of Federal require11 ments to a project other than the reimbursement of 

12 preliminary engineering costs incurred prior to an 

13 authorization to proceed in accordance with this sec14 tion; or 

15 (3) guarantees Federal funding of the project 

16 or the eligibility of the project for future Federal-aid 

17 highway funding. 

18 Subtitle C—Miscellaneous 

19 SEC. 1201. CREDITS FOR UNTAXED TRANSPORTATION 

20 FUELS. 

21 (a) DEFINITION OF QUALIFIED REVENUES.—In this 

22 section, the term ‘‘qualified revenues’’ means any 

23 amounts— 

24 (1) collected by a State— 


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1 (A) for the registration of a vehicle that 

2 operates solely on a fuel that is not subject to 

3 a Federal tax; and 

4 (B) not sooner than the second registration 

5 period following the purchase of the vehicle; and 

6 (2) that do not exceed, for a vehicle described 

7 in paragraph (1), an annual amount determined by 

8 the Secretary to be equal to the annual amount paid 

9 for Federal motor fuels taxes on the fuel used by an 

10 average passenger car fueled solely by gasoline. 

11 (b) CREDIT.— 

12 (1) IN GENERAL.—Subject to paragraph (2), if 

13 a State contributes qualified revenues to cover not 

14 less than 5 percent of the total cost of a project eli15 gible for assistance under this title, the Federal 

16 share payable for the project under this section may 

17 be increased by an amount that is— 

18 (A) equal to the percent of the total cost 

19 of the project from contributed qualified reve20 nues; but 

21 (B) not more than 5 percent of the total 

22 cost of the project. 

23 (2) EXPIRATION.—The authorization of an in24 creased Federal share for a project pursuant to 

25 paragraph (1) expires on September 30, 2023. 


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1 (c) STUDY.— 

2 (1) IN GENERAL.—Before the expiration date of 

3 the credit under subsection (b)(2), the Secretary, in 

4 coordination with other appropriate Federal agen5 cies, shall submit to the Committee on Environment 

6 and Public Works of the Senate and the Committee 

7 on Transportation and Infrastructure of the House 

8 of Representatives a report that describes the most 

9 efficient and equitable means of taxing motor vehicle 

10 fuels not subject to a Federal tax as of the date of 

11 submission of the report. 

12 (2) REQUIREMENT.—The means described in 

13 the report under paragraph (1) shall parallel, as 

14 closely as practicable, the structure of other Federal 

15 taxes on motor fuels. 

16 SEC. 1202. JUSTIFICATION REPORTS FOR ACCESS POINTS 

17 ON THE INTERSTATE SYSTEM. 

18 Section 111(e) of title 23, United States Code, is 

19 amended by inserting ‘‘(including new or modified free20 way-to-crossroad interchanges inside a transportation 

21 management area)’’ after ‘‘the Interstate System’’. 

22 SEC. 1203. EXEMPTIONS. 

23 Section 127 of title 23, United States Code, is 

24 amended by adding at the end the following: 


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1 ‘‘(m) NATURAL GAS VEHICLES.—A vehicle, if oper2 ated by an engine fueled primarily by natural gas, may 

3 exceed any vehicle weight limit (up to a maximum gross 

4 vehicle weight of 82,000 pounds) under this section by an 

5 amount that is equal to the difference between— 

6 ‘‘(1) the weight of the vehicle attributable to 

7 the natural gas tank and fueling system carried by 

8 that vehicle; and 

9 ‘‘(2) the weight of a comparable diesel tank and 

10 fueling system. 

11 ‘‘(n) EMERGENCY VEHICLES.— 

12 ‘‘(1) DEFINITION OF EMERGENCY VEHICLE.— 

13 In this subsection, the term ‘emergency vehicle’ 

14 means a vehicle designed to be used under emer15 gency conditions— 

16 ‘‘(A) to transport personnel and equip17 ment; and 

18 ‘‘(B) to support the suppression of fires 

19 and mitigation of other hazardous situations. 

20 ‘‘(2) EMERGENCY VEHICLE WEIGHT LIMIT.— 

21 Notwithstanding subsection (a), a State shall not en22 force against an emergency vehicle a vehicle weight 

23 limit (up to a maximum gross vehicle weight of 

24 86,000 pounds) of less than— 


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1 ‘‘(A) 24,000 pounds on a single steering 

2 axle; 

3 ‘‘(B) 33,500 pounds on a single drive axle; 

4 ‘‘(C) 62,000 pounds on a tandem axle; or 

5 ‘‘(D) 52,000 pounds on a tandem rear 

6 drive steer axle. 

7 ‘‘(o) OPERATION OF CERTAIN SPECIALIZED VEHI8 CLES ON CERTAIN HIGHWAYS IN THE STATE OF ARKAN9 SAS.—If any segment of United States Route 63 between 

10 the exits for highways 14 and 75 in the State of Arkansas 

11 is designated as part of the Interstate System— 

12 ‘‘(1) a vehicle that could legally operate on the 

13 segment before the date of the designation at the 

14 posted speed limit may continue to operate on that 

15 segment; and 

16 ‘‘(2) a vehicle that can only travel below the 

17 posted speed limit on the segment that could other18 wise legally operate on the segment before the date 

19 of the designation may continue to operate on that 

20 segment during daylight hours.’’. 

21 SEC. 1204. HIGH PRIORITY CORRIDORS ON THE NATIONAL 

22 HIGHWAY SYSTEM. 

23 Section 1105 of the Intermodal Surface Transpor24 tation Efficiency Act of 1991 (105 Stat. 2031) is amend25 ed— 


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1 (1) in subsection (c) (105 Stat. 2032; 119 Stat. 

2 1213)— 

3 (A) by striking paragraph (13) and insert4 ing the following: 

5 ‘‘(13) Raleigh-Norfolk Corridor from Raleigh, 

6 North Carolina, through Rocky Mount, Williamston 

7 and Elizabeth City, North Carolina, to Norfolk, Vir8 ginia.’’; 

9 (B) by striking paragraph (68) and insert10 ing the following: 

11 ‘‘(68) The Washoe County Corridor and the 

12 Intermountain West Corridor shall generally follow: 

13 ‘‘(A) in the case of the Washoe County 

14 Corridor, along Interstate Route 580/United 

15 States Route 95/United States Route 95A, from 

16 Reno, Nevada, to Las Vegas, Nevada; and 

17 ‘‘(B) in the case of the Intermountain 

18 West Corridor, from the vicinity of Las Vegas 

19 extending north along United States Route 95, 

20 terminating at Interstate Route 80.’’; and 

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

22 ‘‘(81) United States Route 117/Interstate 

23 Route 795 from United States Route 70 in Golds24 boro, Wayne County, North Carolina, to Interstate 


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1 Route 40 west of Faison, Sampson County, North 

2 Carolina. 

3 ‘‘(82) United States Route 70 from its intersec4 tion with Interstate Route 40 in Garner, Wake 

5 County, North Carolina, to the Port at Morehead 

6 City, Carteret County, North Carolina.’’; and 

7 (2) in subsection (e)(5)— 

8 (A) in subparagraph (A) (109 Stat. 597; 

9 118 Stat. 293; 119 Stat. 1213), in the first 

10 sentence— 

11 (i) by inserting ‘‘subsection (c)(13),’’ 

12 after ‘‘subsection (c)(9),’’; 

13 (ii) by striking ‘‘subsections (c)(18)’’ 

14 and all that follows through ‘‘(c)(36)’’ and 

15 inserting ‘‘subsection (c)(18), subsection 

16 (c)(20), subparagraphs (A) and (B)(i) of 

17 subsection (c)(26), subsection (c)(36)’’; 

18 and 

19 (iii) by striking ‘‘and subsection 

20 (c)(57)’’ and inserting ‘‘subsection (c)(57), 

21 subsection (c)(68)(B), subsection (c)(81), 

22 and subsection (c)(82)’’; and 

23 (B) in subparagraph (C)(i) (109 Stat. 598; 

24 126 Stat. 427), by striking the last sentence 

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1 paragraphs (A) and (B)(i) of subsection (c)(26) 

2 and in subsection (c)(68)(B) are designated as 

3 Interstate Route I–11.’’. 

4 SEC. 1205. REPEAT INTOXICATED DRIVER LAW. 

5 Section 164(a)(4) of title 23, United States Code, is 

6 amended in the matter preceding subparagraph (A) by in7 serting ‘‘or combination of laws’’ after ‘‘means a State 

8 law’’. 

9 SEC. 1206. VEHICLE-TO-INFRASTRUCTURE EQUIPMENT. 

10 (a) NATIONAL HIGHWAY PERFORMANCE PRO11 GRAM.—Section 119(d)(2)(L) of title 23, United States 

12 Code, is amended by inserting ‘‘, including the installation 

13 of vehicle-to-infrastructure communication equipment’’ 

14 after ‘‘capital improvements’’. 

15 (b) SURFACE TRANSPORTATION PROGRAM.—Section 

16 133(b)(16) of title 23, United States Code, is amended 

17 by inserting ‘‘, including the installation of vehicle-to-in18 frastructure communication equipment’’ after ‘‘capital im19 provements’’. 

20 SEC. 1207. DESIGNATED PROJECTS. 

21 (a) DEFINITIONS.—In this section, the following defi22 nitions apply: 

23 (1) EARMARKED AMOUNT.—The term ‘‘ear24 marked amount’’ means— 


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1 (A) congressionally directed spending, as 

2 defined in rule XLIV of the Standing Rules of 

3 the Senate, identified in a prior law, report, or 

4 joint explanatory statement, that was author5 ized to be appropriated or appropriated more 

6 than 10 fiscal years prior to the fiscal year in 

7 which this Act becomes effective, and adminis8 tered by the Administrator of the Federal High9 way Administration; and 

10 (B) a congressional earmark, as defined in 

11 rule XXI of the Rules of the House of Rep12 resentatives identified in a prior law, report, or 

13 joint explanatory statement, that was author14 ized to be appropriated or appropriated more 

15 than 10 fiscal years prior to the fiscal year in 

16 which this Act becomes effective, and adminis17 tered by the Administrator of the Federal High18 way Administration. 

19 (2) STATE.—The term ‘‘State’’ has the mean20 ing given the term in section 101(a) of title 23, 

21 United States Code. 

22 (3) TERRITORY.—The term ‘‘territory’’ has the 

23 meaning given the term in section 165(c) of title 23, 

24 United States Code. 


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1 (b) AUTHORITY.—A State or territory may use any 

2 earmarked amount and any associated obligation limita3 tion for any project eligible under sections 133(b) or 165 

4 of title 23, United States Code, respectively. 

5 (c) TERMS.— 

6 (1) NOTIFICATION.—The State transportation 

7 agency for the State or territory for which the ear8 marked amount was originally designated or directed 

9 shall— 

10 (A) notify the Secretary of the intent of 

11 the State transportation agency to use author12 ity under this section; and 

13 (B) submit to the Secretary a report not 

14 later than September 30, 2016, identifying the 

15 earmarked amount, and associated obligation 

16 limitation, to be used and the projects to which 

17 the funding would be applied. 

18 (2) PERIOD OF AVAILABILITY.—Notwith19 standing the original period of availability of the ear20 marked amount and associated obligation limitation, 

21 the funds and associated obligation limitation shall 

22 remain available for obligation for a period of 3 fis23 cal years after the fiscal year in which the Secretary 

24 is notified under paragraph (1). 


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1 (3) FEDERAL SHARE.—The Federal share of 

2 the cost of a project carried out with funds made 

3 available under this section shall be the same as 

4 originally associated with the earmark. 

5 (d) LIMITATIONS.— 

6 (1) IN GENERAL.—The authority under sub7 section (b) may be exercised only— 

8 (A) after September 30, 2016; and 

9 (B)(i) for those projects or activities that 

10 have obligated less than 10 percent of the 

11 amount made available for obligation as of the 

12 date of enactment of this Act; or 

13 (ii) for those projects with unexpended bal14 ances of funds for which the earmarked amount 

15 that was originally designated or directed has 

16 been closed and for which payments have been 

17 made under a final voucher. 

18 (2) GEOGRAPHIC AREA.— 

19 (A) IN GENERAL.—The earmarked amount 

20 and associated obligation limitation shall only 

21 be applied to projects within the same general 

22 geographic area within 50 miles and within the 

23 boundaries of the State or territory for which 

24 the earmarked amount was originally des25 ignated or directed, in consultation with the relVerDate Sep 11 2014 01:46 Jun 25, 2015 Jkt 049200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.IS S1647

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1 evant metropolitan planning organization, if ap2 plicable. 

3 (B) EXCEPTION.—A State or territory 

4 may apply the earmarked amount and associ5 ated obligation limitation, to a project in any 

6 area of the State or territory if the State or ter7 ritory certifies that the project for which the 

8 earmarked amount was originally designated or 

9 directed has been completed and payments have 

10 been made under a final voucher. 

11 (e) REPORT TO CONGRESS.—Not later than Decem12 ber 16, 2016, the Secretary shall submit a consolidated 

13 report of the information provided by States and terri14 tories under this section to— 

15 (1) the Committee on Appropriations of the 

16 Senate; 

17 (2) the Committee on Appropriations of the 

18 House of Representatives; 

19 (3) the Committee on Environment and Public 

20 Works of the Senate; and 

21 (4) the Committee on Transportation and In22 frastructure of the House of Representatives. 

23 SEC. 1208. RELINQUISHMENT. 

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1 ties to a local government agency for highway purposes 

2 if authorized to do so under State law. 

3 SEC. 1209. TRANSFER AND SALE OF TOLL CREDITS. 

4 (a) DEFINITIONS.—In this section, the following defi5 nitions apply: 

6 (1) ELIGIBLE STATE.—The term ‘‘eligible 

7 State’’ means a State that— 

8 (A) is eligible to use a credit under section 

9 120(i) of title 23, United States Code; and 

10 (B) has been selected by the Secretary 

11 under subsection (d)(2). 

12 (2) RECIPIENT STATE.—The term ‘‘recipient 

13 State’’ means a State that receives a credit by trans14 fer or by sale under this section from an eligible 

15 State. 

16 (b) ESTABLISHMENT OF PILOT PROGRAM.—Not 

17 later than 1 year after the date of the establishment of 

18 a nationwide toll credit monitoring and tracking system 

19 under subsection (g), the Secretary shall establish and im20 plement a toll credit marketplace pilot program in accord21 ance with this section. 

22 (c) PURPOSES.—The purposes of the pilot program 

23 established under subsection (b) are— 

24 (1) to identify whether a monetary value can be 

25 assigned to toll credits; 


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1 (2) to identify the discounted rate of toll credits 

2 for cash; 

3 (3) to determine if the purchase of toll credits 

4 by States provides the purchasing State budget flexi5 bility to deal with funding issues, including off-sys6 tem needs, transit systems with high operating costs, 

7 or cash flow issues; and 

8 (4) to test the feasibility of expanding the toll 

9 credit market to allow all States to participate on a 

10 permanent basis. 

11 (d) SELECTION OF ELIGIBLE STATES.— 

12 (1) APPLICATION TO SECRETARY.—In order to 

13 participate in the pilot program established under 

14 subsection (b), a State shall submit to the Secretary 

15 an application at such time, in such manner, and 

16 containing such information as the Secretary may 

17 require. 

18 (2) SELECTION.—Of the States that submit an 

19 application under paragraph (1), the Secretary may 

20 select not more than 10 States to be designated as 

21 an eligible State. 

22 (e) TRANSFER OR SALE OF CREDITS.— 

23 (1) IN GENERAL.—In carrying out the pilot 

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1 fer or sell to a recipient State a credit not used by 

2 the eligible State under section 120(i) of title 23, 

3 United States Code. 

4 (2) USE OF CREDITS BY TRANSFEREE OR PUR5 CHASER.—A recipient State may use a credit re6 ceived under paragraph (1) toward the non-Federal 

7 share requirement for any funds made available to 

8 carry out title 23 or chapter 53 of title 49, United 

9 States Code. 

10 (3) CONDITION ON TRANSFER OR SALE OF

11 CREDITS.—To receive a credit under paragraph (1), 

12 a recipient State shall enter into an agreement with 

13 the Secretary described in section 120(i) of title 23, 

14 United States Code. 

15 (f) USE OF PROCEEDS FROM SALE OF CREDITS.— 

16 An eligible State shall use the proceeds from the sale of 

17 a credit under subsection (e)(1) for any project in the eli18 gible State that is eligible under the surface transportation 

19 program established under section 133 of title 23, United 

20 States Code. 

21 (g) TOLL CREDIT MONITORING AND TRACKING.— 

22 Not later than 180 days after the enactment of this sec23 tion, the Secretary shall establish a nationwide toll credit 

24 monitoring and tracking system that functions as a real25 time database on the inventory and use of toll credits 


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1 among all States (as defined in section 101(a) of title 23, 

2 United States Code). 

3 (h) NOTIFICATION.—Not later than 30 days after the 

4 date on which a credit is transferred or sold under sub5 section (e)(1), the eligible State shall submit to the Sec6 retary in writing a notification of the transfer or sale. 

7 (i) REPORTING REQUIREMENTS.— 

8 (1) INITIAL REPORT.—Not later than 180 days 

9 after the date of establishment of the pilot program 

10 under subsection (b), the Secretary shall submit to 

11 the Committee on Environment and Public Works of 

12 the Senate and the Committee on Transportation 

13 and Infrastructure of the House of Representatives 

14 a report on the progress of the pilot program. 

15 (2) STATE REPORT.— 

16 (A) REPORT BY ELIGIBLE STATE.—Not 

17 later than 30 days after a purchase or sale 

18 under subsection (e)(1), an eligible State shall 

19 submit to the Secretary a report that de20 scribes— 

21 (i) information on the transaction; 

22 (ii) the amount of cash received and 

23 the value of toll credits sold; 

24 (iii) the intended use of the cash; and 


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1 (iv) an update on the remaining toll 

2 credit balance of the State. 

3 (B) REPORT BY RECIPIENT STATE.—Not 

4 later than 30 days after a purchase or sale 

5 under subsection (e)(1), a recipient State shall 

6 submit to the Secretary a report that de7 scribes— 

8 (i) the value of toll credits purchased; 

9 (ii) the anticipated use of the toll 

10 credits; and 

11 (iii) plans for maintaining mainte12 nance of effort for spending on Federal-aid 

13 highways projects. 

14 (3) ANNUAL REPORT.—Not later than 1 year 

15 after the date on which the pilot program under sub16 section (b) is established and each year thereafter 

17 that the pilot program is in effect, the Secretary 

18 shall— 

19 (A) submit to the Committee on Environ20 ment and Public Works of the Senate and the 

21 Committee on Transportation and Infrastruc22 ture of the House of Representatives a report 

23 that— 

24 (i) determines whether a toll credit 

25 marketplace is viable; 


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1 (ii) describes the buying and selling 

2 activities of the pilot program; 

3 (iii) describes the monetary value of 

4 toll credits; 

5 (iv) determines whether the pilot pro6 gram could be expanded to more States or 

7 all States; and 

8 (v) provides updated information on 

9 the toll credit balance accumulated by each 

10 State; and 

11 (B) make the report described in subpara12 graph (A) publicly available on the website of 

13 the Department. 

14 (j) TERMINATION.—The Secretary may terminate the 

15 program established under this section or the participation 

16 of any State in the program if the Secretary determines 

17 that the program is not serving a public benefit. 

18 SEC. 1210. REGIONAL INFRASTRUCTURE ACCELERATOR 

19 DEMONSTRATION PROGRAM. 

20 (a) IN GENERAL.—The Secretary shall establish a re21 gional infrastructure demonstration program (referred to 

22 in this section as the ‘‘program’’) to assist entities in de23 veloping improved infrastructure priorities and financing 

24 strategies for the accelerated development of a project that 


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1 is eligible for funding under the TIFIA program under 

2 chapter 6 of title 23, United States Code. 

3 (b) DESIGNATION OF REGIONAL INFRASTRUCTURE

4 ACCELERATORS.—In carrying out the program, the Sec5 retary may designate regional infrastructure accelerators 

6 that will— 

7 (1) serve a defined geographic area; and 

8 (2) act as a resource in the geographic area to 

9 qualified entities in accordance with this section. 

10 (c) APPLICATION.—To be eligible for a designation 

11 under subsection (b), a proposed regional infrastructure 

12 accelerator shall submit to the Secretary a proposal at 

13 such time, in such manner, and containing such informa14 tion as the Secretary may require. 

15 (d) CRITERIA.—In evaluating a proposal submitted 

16 under subsection (c), the Secretary shall consider— 

17 (1) the need for geographic diversity among re18 gional infrastructure accelerators; and 

19 (2) the ability of the proposal to promote in20 vestment in covered infrastructure projects, which 

21 shall include a plan— 

22 (A) to evaluate and promote innovative fi23 nancing methods for local projects, including 

24 the use of the TIFIA program under chapter 6 

25 of title 23, United States Code; 


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1 (B) to build capacity of State, local, and 

2 tribal governments to evaluate and structure 

3 projects involving the investment of private cap4 ital; 

5 (C) to provide technical assistance and in6 formation on best practices with respect to fi7 nancing the projects; 

8 (D) to increase transparency with respect 

9 to infrastructure project analysis and using in10 novative financing for public infrastructure 

11 projects; 

12 (E) to deploy predevelopment capital pro13 grams designed to facilitate the creation of a 

14 pipeline of infrastructure projects available for 

15 investment; 

16 (F) to bundle smaller-scale and rural 

17 projects into larger proposals that may be more 

18 attractive for investment; and 

19 (G) to reduce transaction costs for public 

20 project sponsors. 

21 (e) ANNUAL REPORT.—Not less frequently than once 

22 each year, the Secretary shall submit to Congress a report 

23 that describes the findings and effectiveness of the pro24 gram. 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out the program 

3 $12,000,000, of which the Secretary shall use— 

4 (1) $11,750,000 for initial grants to regional 

5 infrastructure accelerators under subsection (b), to 

6 be expended not later than 270 days after the date 

7 of enactment of this Act; and 

8 (2) $250,000 for administrative costs of car9 rying out the program. 

10 TITLE II—TRANSPORTATION 

11 INNOVATION 

12 Subtitle A—Research 

13 SEC. 2001. RESEARCH, TECHNOLOGY, AND EDUCATION. 

14 (a) HIGHWAY RESEARCH AND DEVELOPMENT PRO15 GRAM.—Section 503(b)(3) of title 23, United States Code, 

16 is amended— 

17 (1) in subparagraph (C)— 

18 (A) in clause (xviii), by striking ‘‘and’’ at 

19 the end; 

20 (B) in clause (xix), by striking the period 

21 at the end and inserting ‘‘; and’’; and 

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

23 ‘‘(xx) accelerated mobile, highway24 speed, bridge inspection methods that pro25 vide quantitative data-driven decisionVerDate Sep 11 2014 01:46 Jun 25, 2015 Jkt 049200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.IS S1647

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1 making capabilities without requiring lane 

2 closures.’’; and 

3 (2) in subparagraph (D)(i), by inserting ‘‘and 

4 section 119(e)’’ after ‘‘this subparagraph’’. 

5 (b) TECHNOLOGY AND INNOVATION DEPLOYMENT

6 PROGRAM.—Section 503(c) of title 23, United States 

7 Code, is amended— 

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

9 subparagraph (A), by striking ‘‘carry out’’ and in10 serting ‘‘establish and implement’’; 

11 (2) in paragraph (2)— 

12 (A) in subparagraph (B), by striking 

13 clause (i) and inserting the following: 

14 ‘‘(i) use not less than 50 percent of 

15 the funds authorized to carry out this sub16 section to make grants to, and enter into 

17 cooperative agreements and contracts with, 

18 States, other Federal agencies, institutions 

19 of higher education, private sector entities, 

20 and nonprofit organizations to carry out 

21 demonstration programs that will accel22 erate the deployment and adoption of 

23 transportation research activities;’’; 

24 (B) by redesignating subparagraph (C) as 

25 subparagraph (D); and 


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1 (C) by inserting after subparagraph (B) 

2 the following: 

3 ‘‘(C) INNOVATION GRANTS.— 

4 ‘‘(i) IN GENERAL.—In carrying out 

5 the program established under subpara6 graph (B)(i), the Secretary shall establish 

7 a transparent competitive process in which 

8 entities described in subparagraph (B)(i) 

9 may submit an application to receive a 

10 grant under this subsection. 

11 ‘‘(ii) PUBLICATION OF APPLICATION

12 PROCESS.—A description of the application 

13 process established by the Secretary 

14 shall— 

15 ‘‘(I) be posted on a public 

16 website; 

17 ‘‘(II) identify the information re18 quired to be included in the applica19 tion; and 

20 ‘‘(III) identify the criteria by 

21 which the Secretary shall select grant 

22 recipients. 

23 ‘‘(iii) SUBMISSION OF APPLICATION.— 

24 To receive a grant under this paragraph, 

25 an entity described in subparagraph (B)(i) 


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1 shall submit an application to the Sec2 retary. 

3 ‘‘(iv) SELECTION AND APPROVAL.— 

4 The Secretary shall select and approve an 

5 application submitted under clause (iii) 

6 based on whether the project described in 

7 the application meets the goals of the pro8 gram described in paragraph (1).’’; and 

9 (3) in paragraph (3)(C), by striking ‘‘each of 

10 fiscal years 2013 through 2014’’ and inserting ‘‘each 

11 fiscal year’’. 

12 (c) CONFORMING AMENDMENT.—Section 505(c)(1) 

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

14 ‘‘section 503(c)(2)(C)’’ and inserting ‘‘section 503 

15 (c)(2)(D)’’. 

16 SEC. 2002. INTELLIGENT TRANSPORTATION SYSTEMS. 

17 (a) INTELLIGENT TRANSPORTATION SYSTEMS DE18 PLOYMENT.—Section 513 of title 23, United States Code, 

19 is amended by adding at the end the following: 

20 ‘‘(d) SYSTEM OPERATIONS AND ITS DEPLOYMENT

21 GRANT PROGRAM.— 

22 ‘‘(1) ESTABLISHMENT.—The Secretary shall es23 tablish a competitive grant program to accelerate the 

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1 modal integration, and interoperability of the ITS 

2 program and ITS-enabled operational strategies— 

3 ‘‘(A) to measure and improve the perform4 ance of the surface transportation system; 

5 ‘‘(B) to reduce traffic congestion and the 

6 economic and environmental impacts of traffic 

7 congestion; 

8 ‘‘(C) to minimize fatalities and injuries; 

9 ‘‘(D) to enhance mobility of people and 

10 goods; 

11 ‘‘(E) to improve traveler information and 

12 services; and 

13 ‘‘(F) to optimize existing roadway capacity. 

14 ‘‘(2) APPLICATION.—To be eligible for a grant 

15 under this subsection, an eligible entity shall submit 

16 an application to the Secretary that includes— 

17 ‘‘(A) a plan to deploy and provide for the 

18 long-term operation and maintenance of intel19 ligent transportation systems to improve safety, 

20 efficiency, system performance, and return on 

21 investment, such as— 

22 ‘‘(i) autonomous vehicle, vehicle-to-ve23 hicle, and vehicle-to-infrastructure commu24 nication technologies; 


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1 ‘‘(ii) real-time integrated traffic, tran2 sit, and multimodal transportation infor3 mation; 

4 ‘‘(iii) advanced traffic, freight, park5 ing, and incident management systems; 

6 ‘‘(iv) advanced technologies to improve 

7 transit and commercial vehicle operations; 

8 ‘‘(v) synchronized, adaptive, and tran9 sit preferential traffic signals; 

10 ‘‘(vi) advanced infrastructure condi11 tion assessment technologies; and 

12 ‘‘(vii) other technologies to improve 

13 system operations, including ITS applica14 tions necessary for multimodal systems in15 tegration and for achieving performance 

16 goals; 

17 ‘‘(B) quantifiable system performance im18 provements, including— 

19 ‘‘(i) reductions in traffic-related 

20 crashes, congestion, and costs; 

21 ‘‘(ii) optimization of system efficiency; 

22 and 

23 ‘‘(iii) improvement of access to trans24 portation services; 


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1 ‘‘(C) quantifiable safety, mobility, and en2 vironmental benefit projections, including data3 driven estimates of the manner in which the 

4 project will improve the efficiency of the trans5 portation system and reduce traffic congestion 

6 in the region; 

7 ‘‘(D) a plan for partnering with the private 

8 sector, including telecommunications industries 

9 and public service utilities, public agencies (in10 cluding multimodal and multijurisdictional enti11 ties), research institutions, organizations rep12 resenting transportation and technology leaders, 

13 and other transportation stakeholders; 

14 ‘‘(E) a plan to leverage and optimize exist15 ing local and regional ITS investments; and 

16 ‘‘(F) a plan to ensure interoperability of 

17 deployed technologies with other tolling, traffic 

18 management, and intelligent transportation sys19 tems. 

20 ‘‘(3) SELECTION.— 

21 ‘‘(A) IN GENERAL.—Effective beginning 

22 not later than 1 year after the date of enact23 ment of the DRIVE Act, the Secretary may 

24 provide grants to eligible entities under this 

25 subsection. 


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1 ‘‘(B) GEOGRAPHIC DIVERSITY.—In award2 ing a grant under this subsection, the Secretary 

3 shall ensure, to the maximum extent prac4 ticable, that grant recipients represent diverse 

5 geographical areas of the United States, includ6 ing urban, suburban, and rural areas. 

7 ‘‘(C) NON-FEDERAL SHARE.—In awarding 

8 a grant under the subsection, the Secretary 

9 shall give priority to grant recipients that dem10 onstrate an ability to contribute a significant 

11 non-Federal share to the cost of carrying out 

12 the project for which the grant is received. 

13 ‘‘(4) ELIGIBLE USES.—Projects for which 

14 grants awarded under this subsection may be used 

15 include— 

16 ‘‘(A) the deployment of autonomous vehi17 cle, vehicle-to-vehicle, and vehicle-to-infrastruc18 ture communication technologies; 

19 ‘‘(B) the establishment and implementa20 tion of ITS and ITS-enabled operations strate21 gies that improve performance in the areas of— 

22 ‘‘(i) traffic operations; 

23 ‘‘(ii) emergency response to surface 

24 transportation incidents; 

25 ‘‘(iii) incident management; 


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1 ‘‘(iv) transit and commercial vehicle 

2 operations improvements; 

3 ‘‘(v) weather event response manage4 ment by State and local authorities; 

5 ‘‘(vi) surface transportation network 

6 and facility management; 

7 ‘‘(vii) construction and work zone 

8 management; 

9 ‘‘(viii) traffic flow information; 

10 ‘‘(ix) freight management; and 

11 ‘‘(x) congestion management; 

12 ‘‘(C) carrying out activities that support 

13 the creation of networks that link metropolitan 

14 and rural surface transportation systems into 

15 an integrated data network, capable of col16 lecting, sharing, and archiving transportation 

17 system traffic condition and performance infor18 mation; 

19 ‘‘(D) the implementation of intelligent 

20 transportation systems and technologies that 

21 improve highway safety through information 

22 and communications systems linking vehicles, 

23 infrastructure, mobile devices, transportation 

24 users, and emergency responders; 


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1 ‘‘(E) the provision of services necessary to 

2 ensure the efficient operation and management 

3 of ITS infrastructure, including costs associated 

4 with communications, utilities, rent, hardware, 

5 software, labor, administrative costs, training, 

6 and technical services; 

7 ‘‘(F) the provision of support for the estab8 lishment and maintenance of institutional rela9 tionships between transportation agencies, po10 lice, emergency medical services, private emer11 gency operators, freight operators, shippers, 

12 public service utilities, and telecommunications 

13 providers; 

14 ‘‘(G) carrying out multimodal and cross-ju15 risdictional planning and deployment of regional 

16 transportation systems operations and manage17 ment approaches; and 

18 ‘‘(H) performing project evaluations to de19 termine the costs, benefits, lessons learned, and 

20 future deployment strategies associated with the 

21 deployment of intelligent transportation sys22 tems. 

23 ‘‘(5) REPORT TO SECRETARY.—For each fiscal 

24 year that an eligible entity receives a grant under 

25 this subsection, not later than 1 year after receiving 


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1 the grant, each recipient shall submit to the Sec2 retary a report that describes how the project has 

3 met the expectations projected in the deployment 

4 plan submitted with the application, including infor5 mation on— 

6 ‘‘(A) how the program has helped reduce 

7 traffic crashes, congestion, costs, and other ben8 efits of the deployed systems; 

9 ‘‘(B) the effect of measuring and improv10 ing transportation system performance through 

11 the deployment of advanced technologies; 

12 ‘‘(C) the effectiveness of providing real13 time integrated traffic, transit, and multimodal 

14 transportation information to the public that al15 lows the public to make informed travel deci16 sions; and 

17 ‘‘(D) lessons learned and recommendations 

18 for future deployment strategies to optimize 

19 transportation efficiency and multimodal system 

20 performance. 

21 ‘‘(6) REPORT TO CONGRESS.—Not later than 2 

22 years after the date on which the first grant is 

23 awarded under this subsection and annually there24 after for each fiscal year for which grants are 

25 awarded under this subsection, the Secretary shall 


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1 submit to Congress a report that describes the effec2 tiveness of the grant recipients in meeting the pro3 jected deployment plan goals, including data on how 

4 the grant program has— 

5 ‘‘(A) reduced traffic-related fatalities and 

6 injuries; 

7 ‘‘(B) reduced traffic congestion and im8 proved travel-time reliability; 

9 ‘‘(C) reduced transportation-related emis10 sions; 

11 ‘‘(D) optimized multimodal system per12 formance; 

13 ‘‘(E) improved access to transportation al14 ternatives; 

15 ‘‘(F) provided the public with access to 

16 real-time integrated traffic, transit, and 

17 multimodal transportation information to make 

18 informed travel decisions; 

19 ‘‘(G) provided cost savings to transpor20 tation agencies, businesses, and the traveling 

21 public; and 

22 ‘‘(H) provided other benefits to transpor23 tation users and the general public. 

24 ‘‘(7) ADDITIONAL GRANTS.—If the Secretary 

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1 graph (5), that a grant recipient is not complying 

2 with the established grant criteria, the Secretary 

3 may— 

4 ‘‘(A) cease payment to the recipient of any 

5 remaining grant amounts; and 

6 ‘‘(B) redistribute any remaining amounts 

7 to other eligible entities under this section. 

8 ‘‘(8) NON-FEDERAL SHARE.—The Federal 

9 share of the cost of a project for which a grant is 

10 provided under this subsection shall not exceed 50 

11 percent of the cost of the project. 

12 ‘‘(9) FUNDING.—Of the funds made available 

13 each fiscal year to carry out the intelligent transpor14 tation system program under sections 512 through 

15 518, not less than $30,000,000 shall be used to 

16 carry out this subsection.’’. 

17 (b) INTELLIGENT TRANSPORTATION SYSTEMS GOALS

18 AND PURPOSES.—Section 514(a) of title 23, United 

19 States Code, is amended— 

20 (1) in paragraph (4), by striking ‘‘and’’ at the 

21 end; and 

22 (2) by striking paragraph (5) and inserting the 

23 following: 


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1 ‘‘(5) improvement of the ability of the United 

2 States to respond to security-related or other man3 made emergencies and natural disasters; and 

4 ‘‘(6) enhancement of the freight system of the 

5 United States and support to freight policy goals by 

6 conducting heavy duty vehicle demonstration activi7 ties and accelerating adoption of ITS applications in 

8 freight operations.’’. 

9 (c) ITS ADVISORY COMMITTEE REPORT.—Section 

10 515(h)(4) of title 23, United States Code, is amended in 

11 the matter preceding subparagraph (A) by striking ‘‘Feb12 ruary 1 of each year after the date of enactment of the 

13 Transportation Research and Innovative Technology Act 

14 of 2012’’ and inserting ‘‘May 1 of each year’’. 

15 SEC. 2003. FUTURE INTERSTATE STUDY. 

16 (a) FINDINGS.—Congress finds that— 

17 (1) a well-developed system of transportation 

18 infrastructure is critical to the economic well-being, 

19 health, and welfare of the people of the United 

20 States; 

21 (2) the 47,000-mile national Interstate System 

22 is the backbone to that transportation infrastructure 

23 system; and 

24 (3) as of the date of enactment of this Act— 


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1 (A) many segments of the approximately 

2 60-year-old Interstate System are well beyond 

3 the 50-year design life of the System and yet 

4 these aging facilities are central to the trans5 portation infrastructure system, carrying 25 

6 percent of the vehicle traffic of the United 

7 States on just 1 percent of the total public 

8 roadway mileage; 

9 (B) the need for ongoing maintenance, 

10 preservation, and reconstruction of the Inter11 state System has grown due to increasing and 

12 changing travel demands; and 

13 (C) simple maintenance of the current con14 dition and configuration of the Interstate Sys15 tem is insufficient for the System to fully serve 

16 the transportation needs of the United States 

17 for the next 50 years. 

18 (b) FUTURE INTERSTATE SYSTEM STUDY.—Not 

19 later than 180 days after the date of enactment of this 

20 Act, the Secretary shall enter into an agreement with the 

21 Transportation Research Board of the National Acad22 emies to conduct a study on the actions needed to upgrade 

23 and restore the Dwight D. Eisenhower National System 

24 of Interstate and Defense Highways to its role as a pre25 mier system network that meets the growing and shifting 


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1 demands of the 21st century and for the next 50 years 

2 (referred to in this section as the ‘‘study’’). 

3 (c) METHODOLOGIES.—In conducting the study, the 

4 Transportation Research Board shall build on the meth5 odologies examined and recommended in the report pre6 pared for the American Association of State Highway and 

7 Transportation Officials entitled ‘‘National Cooperative 

8 Highway Research Program Project 20–24(79): Specifica9 tions for a National Study of the Future 3R, 4R, and Ca10 pacity Needs of the Interstate System’’ and dated Decem11 ber 2013. 

12 (d) RECOMMENDATIONS.—The study— 

13 (1) shall include specific recommendations re14 garding the features, standards, capacity needs, ap15 plication of technologies, and intergovernmental 

16 roles to upgrade the Interstate System, including 

17 any revisions to law (including regulations) that the 

18 Transportation Research Board determines appro19 priate to achieve the goals; and 

20 (2) is encouraged to build on the robust institu21 tional knowledge in the highway industry in applying 

22 the techniques involved in implementing the study. 

23 (e) CONSIDERATIONS.—In carrying out the study, the 

24 Transportation Research Board shall determine the need 


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1 for reconstruction and improvement of the Interstate Sys2 tem by considering— 

3 (1) future demands on transportation infra4 structure determined for national planning purposes, 

5 including commercial and private traffic flows to 

6 serve future economic activity and growth; 

7 (2) the expected condition of the current Inter8 state System over the next 50 years, including long9 term deterioration and reconstruction needs; 

10 (3) those National Highway System routes that 

11 should be added to the existing Interstate System to 

12 more efficiently serve national traffic flows; 

13 (4) features that would take advantage of tech14 nological capabilities to address modern standards of 

15 construction, maintenance, and operations, for pur16 poses of safety, and system management, taking into 

17 further consideration system performance and cost; 

18 and 

19 (5) the resources necessary to maintain and im20 prove the Interstate System, including the resources 

21 required to upgrade those National Highway System 

22 routes identified in paragraph (3) to Interstate 

23 standards. 

24 (f) CONSULTATION.—In carrying out the study, the 

25 Transportation Research Board— 


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1 (1) shall convene and consult with a panel of 

2 national experts including current and future own3 ers, operators, and users of the Interstate System 

4 and private sector stakeholders; and 

5 (2) is encouraged to consult with— 

6 (A) the Federal Highway Administration; 

7 (B) States; 

8 (C) planning agencies at the metropolitan, 

9 State, and regional levels; 

10 (D) the motor carrier industry; 

11 (E) freight shippers; 

12 (F) highway safety groups; and 

13 (G) other appropriate entities. 

14 (g) REPORT.—Not later than 3 years after the date 

15 of enactment of this Act, the Transportation Research 

16 Board shall submit to the Secretary, the Committee on 

17 Environment and Public Works of the Senate, and the 

18 Committee on Transportation and Infrastructure of the 

19 House of Representatives a report on the results of the 

20 study conducted under this section. 

21 (h) FUNDING.—From amounts authorized to carry 

22 out the Highway Research and Development Program, the 

23 Secretary shall use up to $5,000,000 for fiscal year 2016 

24 to carry out this section. 


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1 SEC. 2004. RESEARCHING SURFACE TRANSPORTATION SYS2 TEM FUNDING ALTERNATIVES. 

3 (a) IN GENERAL.—The Secretary shall promote the 

4 research of user-based alternative revenue mechanisms 

5 that preserve a user fee structure to maintain the long6 term solvency of the Highway Trust Fund. 

7 (b) OBJECTIVES.—The objectives of the research de8 scribed in subsection (a) shall be— 

9 (1) to study uncertainties relating to the design, 

10 acceptance, and implementation of 2 or more future 

11 user-based alternative revenue mechanisms; 

12 (2) to define the functionality of those user13 based alternative revenue mechanisms; 

14 (3) to conduct or promote research activities to 

15 demonstrate and test those user-based alternative 

16 revenue mechanisms, including by conducting field 

17 trials, by partnering with individual States, groups 

18 of States, or other appropriate entities to conduct 

19 the research activities; 

20 (4) to conduct outreach to increase public 

21 awareness regarding the need for alternative funding 

22 sources for surface transportation programs and 

23 provide information on possible approaches; 

24 (5) to provide recommendations regarding 

25 adoption and implementation of those user-based al26 ternative revenue mechanisms; and 


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1 (6) to minimize the administrative cost of any 

2 potential user-based alternative revenue mechanisms. 

3 (c) GRANTS.—The Secretary shall provide grants to 

4 individual States, groups of States, or other appropriate 

5 entities to conduct research that addresses— 

6 (1) the implementation, interoperability, public 

7 acceptance, and other potential hurdles to the adop8 tion of a user-based alternative revenue mechanism; 

9 (2) the protection of personal privacy; 

10 (3) the use of independent and private third11 party vendors to collect fees and operate the user12 based alternative revenue mechanism; 

13 (4) equity concerns, including the impacts of 

14 the user-based alternative revenue mechanism on 

15 differing income groups, various geographic areas, 

16 and the relative burdens on rural and urban drivers; 

17 (5) ease of compliance for different users of the 

18 transportation system; 

19 (6) the reliability and security of technology 

20 used to implement the user-based alternative rev21 enue mechanism; 

22 (7) the flexibility and choices of user-based al23 ternative revenue mechanisms, including the ability 

24 of users to select from various technology and pay25 ment options; 


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1 (8) the cost of administering the user-based al2 ternative revenue mechanism; and 

3 (9) the ability of the administering entity to 

4 audit and enforce user compliance. 

5 (d) ADVISORY COUNCIL.— 

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

7 the date of enactment of this Act, the Secretary, in 

8 consultation with the Secretary of the Treasury, 

9 shall establish and lead a Surface Transportation 

10 Revenue Alternatives Advisory Council (referred to 

11 in this subsection as the ‘‘Council’’) to inform the 

12 selection and evaluation of user-based alternative 

13 revenue mechanisms. 

14 (2) MEMBERSHIP.— 

15 (A) IN GENERAL.—The members of the 

16 Council shall— 

17 (i) be appointed by the Secretary; and 

18 (ii) include, at a minimum— 

19 (I) representatives with experi20 ence in user-based alternative revenue 

21 mechanisms, of which— 

22 (aa) not fewer than 1 shall 

23 be from the Department; 


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1 (bb) not fewer than 1 shall 

2 be from the Department of the 

3 Treasury; and 

4 (cc) not fewer than 2 shall 

5 be from State departments of 

6 transportation; 

7 (II) representatives from applica8 ble users of the surface transportation 

9 system; and 

10 (III) appropriate technology and 

11 public privacy experts. 

12 (B) GEOGRAPHIC CONSIDERATIONS.—The 

13 Secretary shall consider geographic diversity 

14 when selecting members under this paragraph. 

15 (3) FUNCTIONS.—Not later than 1 year after 

16 the date on which the Council is established, the 

17 Council shall, at a minimum— 

18 (A) define the functionality of 2 or more 

19 user-based alternative revenue mechanisms; 

20 (B) identify technological, administrative, 

21 institutional, privacy, and other issues that— 

22 (i) are associated with the user-based 

23 alternative revenue mechanisms; and 

24 (ii) may be researched through re25 search activities; 


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1 (C) conduct public outreach to identify and 

2 assess questions and concerns about the user3 based alternative revenue mechanisms for fu4 ture evaluation through research activities; and 

5 (D) provide recommendations to the Sec6 retary on the process and criteria used for se7 lecting research activities under subsection (c). 

8 (4) EVALUATIONS.—The Council shall conduct 

9 periodic evaluations of the research activities that 

10 have received assistance from the Secretary under 

11 this section. 

12 (5) APPLICABILITY OF FEDERAL ADVISORY

13 COMMITTEE ACT.—The Council shall not be subject 

14 to the Federal Advisory Committee Act (5 U.S.C. 

15 App.). 

16 (e) BIENNIAL REPORTS.—Not later than 2 years 

17 after the date of enactment of this Act, and every 2 years 

18 thereafter until the completion of the research activities 

19 under this section, the Secretary shall submit to the Sec20 retary of the Treasury, the Committee on Finance and the 

21 Committee on Environment and Public Works of the Sen22 ate, and the Committee on Ways and Means and the Com23 mittee on Transportation and Infrastructure of the House 

24 of Representatives a report describing the progress of the 

25 research activities. 


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1 (f) FINAL REPORT.—On the completion of the re2 search activities under this section, the Secretary and the 

3 Secretary of the Treasury, acting jointly, shall submit to 

4 the Committee on Finance and the Committee on Environ5 ment and Public Works of the Senate and the Committee 

6 on Ways and Means and the Committee on Transportation 

7 and Infrastructure of the House of Representatives a re8 port describing the results of the research activities and 

9 any recommendations. 

10 (g) FUNDING.—Of the funds authorized to carry out 

11 section 503(b) of title 23, United States Code— 

12 (1) $15,000,000 shall be used to carry out this 

13 section in fiscal year 2016; and 

14 (2) $20,000,000 shall be used to carry out this 

15 section in each of fiscal years 2017 through 2021. 

16 Subtitle B—Data 

17 SEC. 2101. TRIBAL DATA COLLECTION. 

18 Section 201(c)(6) of title 23, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(C) TRIBAL DATA COLLECTION.—In addi21 tion to the data to be collected under subpara22 graph (A), not later than 90 days after the end 

23 of each fiscal year, any entity carrying out a 

24 project under the tribal transportation program 

25 under section 202 shall submit to the Secretary 


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1 and the Secretary of the Interior, based on obli2 gations and expenditures under the tribal trans3 portation program during the preceding fiscal 

4 year, the following data: 

5 ‘‘(i) The names of projects or activi6 ties carried out by the entity under the 

7 tribal transportation program during the 

8 preceding fiscal year. 

9 ‘‘(ii) A description of the projects or 

10 activities identified under clause (i). 

11 ‘‘(iii) The current status of the 

12 projects or activities identified under 

13 clause (i). 

14 ‘‘(iv) An estimate of the number of 

15 jobs created and the number of jobs re16 tained by the projects or activities identi17 fied under clause (i).’’. 

18 SEC. 2102. PERFORMANCE MANAGEMENT DATA SUPPORT 

19 PROGRAM. 

20 (a) PERFORMANCE MANAGEMENT DATA SUPPORT.— 

21 The Administrator of the Federal Highway Administra22 tion shall develop, use, and maintain data sets and data 

23 analysis tools to assist metropolitan planning organiza24 tions, States, and the Federal Highway Administration in 

25 carrying out performance management analyses (including 


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1 the performance management requirements under section 

2 150 of title 23, United States Code). 

3 (b) INCLUSIONS.—The data analysis activities au4 thorized under subsection (a) may include— 

5 (1) collecting and distributing vehicle probe 

6 data describing traffic on Federal-aid highways; 

7 (2) collecting household travel behavior data to 

8 assess local and cross-jurisdictional travel, including 

9 to accommodate external and through travel; 

10 (3) enhancing existing data collection and anal11 ysis tools to accommodate performance measures, 

12 targets, and related data, so as to better understand 

13 trip origin and destination, trip time, and mode; 

14 (4) enhancing existing data analysis tools to im15 prove performance predictions and travel models in 

16 reports described in section 150(e) of title 23, 

17 United States Code; and 

18 (5) developing tools— 

19 (A) to improve performance analysis; and 

20 (B) to evaluate the effects of project in21 vestments on performance. 

22 (c) FUNDING.—From amounts authorized to carry 

23 out the Highway Research and Development Program, the 

24 Administrator may use up to $10,000,000 for each of fis25 cal years 2016 through 2021 to carry out this section. 


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1 Subtitle C—Transparency and Best 

2 Practices 

3 SEC. 2201. EVERY DAY COUNTS INITIATIVE. 

4 (a) IN GENERAL.—It is in the national interest for 

5 the Department, State departments of transportation, and 

6 all other recipients of Federal transportation funds— 

7 (1) to identify, accelerate, and deploy innova8 tion aimed at shortening project delivery, enhancing 

9 the safety of the roadways of the United States, and 

10 protecting the environment; 

11 (2) to ensure that the planning, design, engi12 neering, construction, and financing of transpor13 tation projects is done in an efficient and effective 

14 manner; 

15 (3) to promote the rapid deployment of proven 

16 solutions that provide greater accountability for pub17 lic investments and encourage greater private sector 

18 involvement; and 

19 (4) to create a culture of innovation within the 

20 highway community. 

21 (b) EVERY DAY COUNTS INITIATIVE.—To advance 

22 the policy described in subsection (a), the Administrator 

23 of the Federal Highway Administration (referred to in this 

24 section as the ‘‘Administrator’’) shall continue the Every 

25 Day Counts initiative to work with States, local transporVerDate Sep 11 2014 01:46 Jun 25, 2015 Jkt 049200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\S1647.IS S1647

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1 tation agencies, and industry stakeholders to identify and 

2 deploy proven innovative practices and products that— 

3 (1) accelerate innovation deployment; 

4 (2) shorten the project delivery process; 

5 (3) improve environmental sustainability; 

6 (4) enhance roadway safety; and 

7 (5) reduce congestion. 

8 (c) INNOVATION DEPLOYMENT.— 

9 (1) IN GENERAL.—At least every 2 years, the 

10 Administrator shall work collaboratively with stake11 holders to identify a new collection of innovations, 

12 best practices, and data to be deployed to highway 

13 stakeholders through case studies, webinars, and 

14 demonstration projects. 

15 (2) REQUIREMENTS.—In identifying a collection 

16 described in paragraph (1), the Secretary shall take 

17 into account market readiness, impacts, benefits, 

18 and ease of adoption of the innovation or practice. 

19 (d) PUBLICATION.—Each collection identified under 

20 subsection (c) shall be published by the Administrator on 

21 a publicly available website. 

22 SEC. 2202. DEPARTMENT OF TRANSPORTATION PERFORM23 ANCE MEASURES. 

24 (a) PERFORMANCE MEASURES.—Not later than 1 

25 year after the date of enactment of this Act, the Secretary, 


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1 in coordination with the heads of other Federal agencies 

2 with responsibility for the review and approval of projects 

3 funded under title 23, United States Code, shall measure 

4 and report on— 

5 (1) the progress made toward aligning Federal 

6 reviews of projects funded under title 23, United 

7 States Code, and the improvement of project delivery 

8 associated with those projects; and 

9 (2) as applicable, the effectiveness of the De10 partment in achieving the goals described in section 

11 150(b) of title 23, United States Code, through dis12 cretionary programs. 

13 (b) REPORT.—Not later than 2 years after the date 

14 of enactment of this Act and biennially thereafter, the Sec15 retary shall submit to the Committee on Environment and 

16 Public Works of the Senate and the Committee on Trans17 portation and Infrastructure of the House of Representa18 tives a report describing the results of the evaluation con19 ducted under subsection (a). 

20 (c) INSPECTOR GENERAL REPORT.—Not later than 

21 3 years after the date of enactment of this Act, the Inspec22 tor General of the Department shall submit to the Com23 mittee on Environment and Public Works of the Senate 

24 and the Committee on Transportation and Infrastructure 


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1 of the House of Representatives a report describing the 

2 results of the evaluation conducted under subsection (a). 

3 SEC. 2203. GRANT PROGRAM FOR ACHIEVEMENT IN TRANS4 PORTATION FOR PERFORMANCE AND INNO5 VATION. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti8 ty’’ includes— 

9 (A) a State; 

10 (B) a unit of local government; 

11 (C) a tribal organization (as defined in sec12 tion 4 of the Indian Self-Determination and 

13 Education Assistance Act (25 U.S.C. 450b)); 

14 and 

15 (D) a metropolitan planning organization. 

16 (2) STATE.—The term ‘‘State’’ means— 

17 (A) a State; 

18 (B) the District of Columbia; 

19 (C) the Commonwealth of Puerto Rico; 

20 and 

21 (D) any other territory (as defined in sec22 tion 165(c)(1) of title 23, United States Code). 

23 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

24 shall establish a competitive grant program to reward— 


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1 (1) achievement in transportation performance 

2 management; and 

3 (2) the implementation of strategies that 

4 achieve innovation and efficiency in surface trans5 portation. 

6 (c) PURPOSE.—The purpose of the program under 

7 this section shall be to reward entities for the implementa8 tion of policies and procedures that— 

9 (1) support performance-based management of 

10 the surface transportation system and improve 

11 transportation outcomes; or 

12 (2) use innovative technologies and practices 

13 that improve the efficiency and performance of the 

14 surface transportation system. 

15 (d) APPLICATION.— 

16 (1) IN GENERAL.—An eligible entity may sub17 mit to the Secretary an application for a grant 

18 under this section. 

19 (2) CONTENTS.—An application under para20 graph (1) shall indicate the means by which the eli21 gible entity has met the requirements and purpose 

22 of the program under this section, including by— 

23 (A) establishing, and making progress to24 ward achieving, performance targets that exceed 


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1 the requirements of title 23, United States 

2 Code; 

3 (B) using innovative techniques and prac4 tices that enhance the effective movement of 

5 people, goods, and services, such as technologies 

6 that reduce construction time, improve oper7 ational efficiencies, and extend the service life 

8 of highways and bridges; and 

9 (C) employing transportation planning 

10 tools and procedures that improve transparency 

11 and the development of transportation invest12 ment strategies within the jurisdiction of the el13 igible entity. 

14 (e) EVALUATION CRITERIA.—In awarding a grant 

15 under this section, the Secretary shall take into consider16 ation the extent to which the application of the applicable 

17 eligible entity under subsection (d)— 

18 (1) demonstrates performance in meeting the 

19 requirements of subsection (c); and 

20 (2) promotes the national goals described in 

21 section 150(b) of title 23, United States Code. 

22 (f) ELIGIBLE ACTIVITIES.—Amounts made available 

23 to carry out this section shall be used for projects eligible 

24 for funding under— 

25 (1) title 23, United States Code; or 


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1 (2) chapter 53 of title 49, United States Code. 

2 (g) LIMITATION.—The amount of a grant under this 

3 section shall be not more than $15,000,000. 

4 (h) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) IN GENERAL.—There is authorized to be 

6 appropriated to carry out this section $150,000,000 

7 for each of fiscal years 2016 through 2021, to re8 main available until expended. 

9 (2) ADMINISTRATIVE COSTS.—The Secretary 

10 shall withhold a reasonable amount of funds made 

11 available under paragraph (1) for administration of 

12 the program under this section, not to exceed 3 per13 cent of the amount appropriated for each applicable 

14 fiscal year. 

15 (i) APPLICABILITY OF REQUIREMENTS.—Amounts 

16 made available under this section shall be administered as 

17 if the funds were apportioned under chapter 1 of title 23, 

18 United States Code. 

19 SEC. 2204. HIGHWAY TRUST FUND TRANSPARENCY AND AC20 COUNTABILITY. 

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

22 States Code, is amended by striking subsection (g) and 

23 inserting the following: 

24 ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND

25 ACCOUNTABILITY REPORT.— 


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1 ‘‘(1) PUBLICLY AVAILABLE REPORT.—Not later 

2 than 180 days after the date of enactment of the 

3 DRIVE Act and quarterly thereafter, the Secretary 

4 shall compile data in accordance with this subsection 

5 on the use of Federal-aid highway program funds 

6 made available under this title. 

7 ‘‘(2) REQUIREMENTS.—The Secretary shall en8 sure that the reports required under this subsection 

9 are made available in a user-friendly manner on the 

10 public website of the Department of Transportation 

11 and can be searched and downloaded by users of the 

12 website. 

13 ‘‘(3) CONTENTS OF REPORT.— 

14 ‘‘(A) APPORTIONED AND ALLOCATED PRO15 GRAMS.—For each fiscal year, the report shall 

16 include comprehensive data for each program, 

17 organized by State, that includes— 

18 ‘‘(i) the total amount of funds avail19 able for obligation, identifying the unobli20 gated balance of funds available at the end 

21 of the preceding fiscal year and new fund22 ing available for the current fiscal year; 

23 ‘‘(ii) the total amount of funding obli24 gated during the current fiscal year; 


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1 ‘‘(iii) the remaining amount of funds 

2 available for obligation; 

3 ‘‘(iv) changes in the obligated, unex4 pended balance during the current fiscal 

5 year, including the obligated, unexpended 

6 balance at the end of the preceding fiscal 

7 year and current fiscal year expenditures; 

8 and 

9 ‘‘(v) the percentage of the total 

10 amount of obligations for the current fiscal 

11 year used for construction and the total 

12 amount obligated during the current fiscal 

13 year for rehabilitation. 

14 ‘‘(B) PROJECT DATA.—To the maximum 

15 extent practicable, the report shall include 

16 project-specific data, including data describ17 ing— 

18 ‘‘(i) the specific location of a project; 

19 ‘‘(ii) whether the project is located in 

20 an area of the State with a population of— 

21 ‘‘(I) less than 5,000 individuals; 

22 ‘‘(II) 5,000 or more individuals 

23 but less than 50,000 individuals; or 

24 ‘‘(III) 50,000 or more individ25 uals; 


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1 ‘‘(iii) the total cost of the project; 

2 ‘‘(iv) the amount of Federal funding 

3 being used on the project; 

4 ‘‘(v) the 1 or more programs from 

5 which Federal funds are obligated on the 

6 project; 

7 ‘‘(vi) the type of improvement being 

8 made, such as categorizing the project 

9 as— 

10 ‘‘(I) a road reconstruction 

11 project; 

12 ‘‘(II) a new road construction 

13 project; 

14 ‘‘(III) a new bridge construction 

15 project; 

16 ‘‘(IV) a bridge rehabilitation 

17 project; or 

18 ‘‘(V) a bridge replacement 

19 project; and 

20 ‘‘(vii) the ownership of the highway or 

21 bridge. 

22 ‘‘(C) TRANSFERS BETWEEN PROGRAMS.— 

23 The report shall include a description of the 

24 amount of funds transferred between programs 

25 by each State under section 126.’’. 


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1 (b) CONFORMING AMENDMENT.—Section 1503 of 

2 MAP–21 (23 U.S.C. 104 note; Public Law 112–141) is 

3 amended by striking subsection (c). 

4 SEC. 2205. REPORT ON HIGHWAY TRUST FUND ADMINIS5 TRATIVE EXPENDITURES. 

6 (a) INITIAL REPORT.—Not later than 150 days after 

7 the date of enactment of this Act, the Comptroller General 

8 of the United States shall submit to Congress a report 

9 describing the administrative expenses of the Federal 

10 Highway Administration funded from the Highway Trust 

11 Fund during the 3 most recent fiscal years. 

12 (b) UPDATES.—Not later than 5 years after the date 

13 on which the report is submitted under subsection (a) and 

14 every 5 years thereafter, the Comptroller General shall 

15 submit to Congress a report that updates the information 

16 provided in the report under that subsection for the pre17 ceding 5-year period. 

18 (c) INCLUSIONS.—Each report submitted under sub19 section (a) or (b) shall include a description of the— 

20 (1) types of administrative expenses of pro21 grams and offices funded by the Highway Trust 

22 Fund; 

23 (2) tracking and monitoring of administrative 

24 expenses; 


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1 (3) controls in place to ensure that funding for 

2 administrative expenses is used as efficiently as 

3 practicable; and 

4 (4) flexibility of the Department to reallocate 

5 amounts from the Highway Trust Fund between 

6 full-time equivalent employees and other functions. 

7 SEC. 2206. AVAILABILITY OF REPORTS. 

8 (a) IN GENERAL.—The Secretary shall make avail9 able to the public on the website of the Department any 

10 report required to be submitted by the Secretary to Con11 gress after the date of enactment of this Act. 

12 (b) DEADLINE.—Each report described in subsection 

13 (a) shall be made available on the website not later than 

14 30 days after the report is submitted to Congress. 

15 SEC. 2207. PERFORMANCE PERIOD ADJUSTMENT. 

16 (a) NATIONAL HIGHWAY PERFORMANCE PRO17 GRAM.—Section 119 of title 23, United States Code, is 

18 amended— 

19 (1) in subsection (e)(7), by striking ‘‘for 2 con20 secutive reports submitted under this paragraph 

21 shall include in the next report submitted’’ and in22 serting ‘‘shall include as part of the performance 

23 target report under section 150(e)’’; and 

24 (2) in subsection (f)(1)(A), by striking ‘‘If, dur25 ing 2 consecutive reporting periods, the condition of 


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1 the Interstate System, excluding bridges on the 

2 Interstate System, in a State falls’’ and inserting ‘‘If 

3 a State reports that the condition of the Interstate 

4 System, excluding bridges on the Interstate System, 

5 has fallen’’. 

6 (b) HIGHWAY SAFETY IMPROVEMENT PROGRAM.— 

7 Section 148(i) of title 23, United States Code, is amend8 ed— 

9 (1) in the matter preceding paragraph (1), by 

10 striking ‘‘performance targets of the State estab11 lished under section 150(d) by the date that is 2 

12 years after the date of the establishment of the per13 formance targets’’ and inserting ‘‘safety performance 

14 targets of the State established under section 

15 150(d)’’; and 

16 (2) in paragraphs (1) and (2), by inserting 

17 ‘‘safety’’ before ‘‘performance targets’’ each place it 

18 appears. 

19 SEC. 2208. DESIGN STANDARDS. 

20 (a) IN GENERAL.—Section 109 of title 23, United 

21 States Code, is amended— 

22 (1) in subsection (c)— 

23 (A) in paragraph (1), in the matter pre24 ceding subparagraph (A), by striking ‘‘may take 


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1 into account’’ and inserting ‘‘shall consider’’; 

2 and 

3 (B) in paragraph (2)— 

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

5 ‘‘and’’ at the end; 

6 (ii) by redesignating subparagraph 

7 (D) as subparagraph (F); and 

8 (iii) by inserting after subparagraph 

9 (C) the following: 

10 ‘‘(D) the publication entitled ‘Highway 

11 Safety Manual’ of the American Association of 

12 State Highway and Transportation Officials; 

13 ‘‘(E) the publication entitled ‘Urban Street 

14 Design Guide’ of the National Association of 

15 City Transportation Officials; and’’; and 

16 (2) in subsection (f), by inserting ‘‘pedestrian 

17 walkways,’’ after ‘‘bikeways,’’. 

18 (b) DESIGN STANDARD FLEXIBILITY.—Notwith19 standing section 109(o) of title 23, United States Code, 

20 a local jurisdiction may use a roadway design guide that 

21 is different from the roadway design guide used by the 

22 State in which the local jurisdiction is located for the de23 sign of projects on all roadways under the ownership of 

24 the local jurisdiction (other than a highway on the Inter25 state System) if— 


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1 (1) the local jurisdiction is the project sponsor; 

2 (2) the roadway design guide— 

3 (A) is recognized by the Federal Highway 

4 Administration; and 

5 (B) is adopted by the local jurisdiction; 

6 and 

7 (3) the design complies with all other applicable 

8 Federal laws. 

9 TITLE III—TRANSPORTATION IN10 FRASTRUCTURE FINANCE 

11 AND INNOVATION ACT OF 

12 1998 AMENDMENTS 

13 SEC. 3001. TRANSPORTATION INFRASTRUCTURE FINANCE 

14 AND INNOVATION ACT OF 1998 AMENDMENTS. 

15 (a) DEFINITIONS.—Section 601(a) of title 23, United 

16 States Code, is amended— 

17 (1) in the matter preceding paragraph (1)— 

18 (A) by striking ‘‘In this chapter, the’’ and 

19 inserting ‘‘The’’; and 

20 (B) by inserting ‘‘to sections 601 through 

21 609’’ after ‘‘apply’’; 

22 (2) in paragraph (2)— 

23 (A) in subparagraph (B), by striking 

24 ‘‘and’’ at the end; 


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1 (B) in subparagraph (C), by striking the 

2 period at the end and inserting ‘‘; and’’; and 

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

4 ‘‘(D) capitalizing a rural projects fund 

5 using the proceeds of a secured loan made to a 

6 State infrastructure bank in accordance with 

7 sections 602 and 603, for the purpose of mak8 ing loans to sponsors of rural infrastructure 

9 projects in accordance with section 610.’’; 

10 (3) in paragraph (3), by striking ‘‘this chapter’’ 

11 and inserting ‘‘the TIFIA program’’; 

12 (4) in paragraph (10)— 

13 (A) in the matter preceding subparagraph 

14 (A)— 

15 (i) by inserting ‘‘related’’ before 

16 ‘‘projects’’; and 

17 (ii) by striking ‘‘(which shall receive 

18 an investment grade rating from a rating 

19 agency)’’; 

20 (B) in subparagraph (A), by striking ‘‘sub21 ject to the availability of future funds being 

22 made available to carry out this chapter;’’ and 

23 inserting ‘‘subject to— 


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1 ‘‘(i) the availability of future funds 

2 being made available to carry out the 

3 TIFIA program; and 

4 ‘‘(ii) the satisfaction of all of the con5 ditions for the provision of credit assist6 ance under the TIFIA program, including 

7 section 603(b)(1);’’; and 

8 (C) in subparagraph (D)— 

9 (i) by redesignating clauses (ii) and 

10 (iii) as clauses (iii) and (iv), respectively; 

11 (ii) by inserting after clause (i) the 

12 following: 

13 ‘‘(ii) receiving an investment grade 

14 rating from a rating agency;’’; 

15 (iii) in clause (iii) (as so redesig16 nated), by striking ‘‘section 602(c)’’ and 

17 inserting ‘‘including sections 602(c) and 

18 603(b)(1)’’; and 

19 (iv) in clause (iv) (as so redesignated), 

20 by striking ‘‘this chapter’’ and inserting 

21 ‘‘the TIFIA program’’; 

22 (5) in paragraph (12)— 

23 (A) in subparagraph (D)(iv), by striking 

24 the period at the end and inserting ‘‘; and’’; 

25 and 


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

2 ‘‘(E) a project to improve or construct 

3 public infrastructure that is located within 

4 walking distance of, and accessible to, a fixed 

5 guideway transit facility, passenger rail station, 

6 intercity bus station, or intermodal facility, in7 cluding a transportation, public utility, and cap8 ital project described in section 5302(3)(G)(v) 

9 of title 49, and related infrastructure; 

10 ‘‘(F) a project for the acquisition of plant 

11 and wildlife habitat pursuant to a conservation 

12 plan that— 

13 ‘‘(i) has been approved by the Sec14 retary of the Interior pursuant to section 

15 10 of the Endangered Species Act of 1973 

16 (16 U.S.C. 1539); and 

17 ‘‘(ii) as determined by the Secretary 

18 of the Interior, would mitigate the environ19 mental impacts of transportation infra20 structure projects otherwise eligible for as21 sistance under the TIFIA program; and 

22 ‘‘(G) the capitalization of a rural projects 

23 fund by a State infrastructure bank with the 

24 proceeds of a secured loan made in accordance 

25 with sections 602 and 603, for the purpose of 


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1 making loans to sponsors of rural infrastructure 

2 projects in accordance with section 610.’’; 

3 (6) in paragraph (15), by striking ‘‘means’’ and 

4 all that follows through the period at the end and 

5 inserting ‘‘means a surface transportation infra6 structure project located in an area that is outside 

7 of an urbanized area with a population greater than 

8 150,000 individuals, as determined by the Bureau of 

9 the Census.’’; 

10 (7) by redesignating paragraphs (16), (17), 

11 (18), (19), and (20) as paragraphs (17), (18), (20), 

12 (21), and (22), respectively; 

13 (8) by inserting after paragraph (15) the fol14 lowing: 

15 ‘‘(16) RURAL PROJECTS FUND.—The term 

16 ‘rural projects fund’ means a fund— 

17 ‘‘(A) established by a State infrastructure 

18 bank in accordance with section 610(d)(4); 

19 ‘‘(B) capitalized with the proceeds of a se20 cured loan made to the bank in accordance with 

21 sections 602 and 603; and 

22 ‘‘(C) for the purpose of making loans to 

23 sponsors of rural infrastructure projects in ac24 cordance with section 610.’’; 


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1 (9) by inserting after paragraph (18) (as redes2 ignated) the following: 

3 ‘‘(19) STATE INFRASTRUCTURE BANK.—The 

4 term ‘State infrastructure bank’ means an infra5 structure bank established under section 610.’’; and 

6 (10) in paragraph (22) (as redesignated), by in7 serting ‘‘established under sections 602 through 

8 609’’ after ‘‘Department’’. 

9 (b) DETERMINATION OF ELIGIBILITY AND PROJECT

10 SELECTION.—Section 602 of title 23, United States Code, 

11 is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1), in the matter pre14 ceding subparagraph (A), by striking ‘‘this 

15 chapter’’ and inserting ‘‘the TIFIA program’’; 

16 (B) in paragraph (2)(A), by striking ‘‘this 

17 chapter’’ and inserting ‘‘the TIFIA program’’; 

18 (C) in paragraph (3), by striking ‘‘this 

19 chapter’’ and inserting ‘‘the TIFIA program’’; 

20 (D) in paragraph (5)— 

21 (i) by striking the heading and insert22 ing ‘‘ELIGIBLE PROJECT COST PARAM23 ETERS.—’’; 

24 (ii) in subparagraph (A)— 


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1 (I) in the matter preceding clause 

2 (i), by striking ‘‘subparagraph (B), to 

3 be eligible for assistance under this 

4 chapter, a project’’ and inserting 

5 ‘‘subparagraphs (B) and (C), a 

6 project under the TIFIA program’’; 

7 (II) by striking clause (i) and in8 serting the following: 

9 ‘‘(i) $50,000,000; and’’; and 

10 (III) in clause (ii), by striking 

11 ‘‘assistance’’; and 

12 (iii) in subparagraph (B)— 

13 (I) by striking the subparagraph 

14 designation and heading and all that 

15 follows through ‘‘In the case’’ and in16 serting the following: 

17 ‘‘(B) EXCEPTIONS.— 

18 ‘‘(i) INTELLIGENT TRANSPORTATION

19 SYSTEMS.—In the case’’; and 

20 (II) by adding at the end the fol21 lowing: 

22 ‘‘(ii) TRANSIT-ORIENTED DEVELOP23 MENT PROJECTS.—In the case of a project 

24 described in section 601(a)(12)(E), eligible 


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1 project costs shall be reasonably antici2 pated to equal or exceed $10,000,000. 

3 ‘‘(iii) RURAL PROJECTS.—In the case 

4 of a rural infrastructure project or a 

5 project capitalizing a rural projects fund, 

6 eligible project costs shall be reasonably 

7 anticipated to equal or exceed 

8 $10,000,000, but not to exceed 

9 $100,000,000. 

10 ‘‘(iv) LOCAL INFRASTRUCTURE

11 PROJECTS.—Eligible project costs shall be 

12 reasonably anticipated to equal or exceed 

13 $10,000,000 in the case of projects or pro14 grams of projects— 

15 ‘‘(I) in which the applicant is a 

16 local government, public authority, or 

17 instrumentality of local government; 

18 ‘‘(II) located on a facility owned 

19 by a local government; or 

20 ‘‘(III) for which the Secretary de21 termines that a local government is 

22 substantially involved in the develop23 ment of the project.’’; 

24 (E) in paragraph (9), in the matter pre25 ceding subparagraph (A), by striking ‘‘this 


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1 chapter’’ and inserting ‘‘the TIFIA program’’; 

2 and 

3 (F) in paragraph (10)— 

4 (i) by striking ‘‘To be eligible’’ and in5 serting the following: 

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

7 subparagraph (B), to be eligible’’; 

8 (ii) by striking ‘‘this chapter’’ each 

9 place it appears and inserting ‘‘the TIFIA 

10 program’’; 

11 (iii) by striking ‘‘not later than’’ and 

12 inserting ‘‘no later than’’; and 

13 (iv) by adding at the end the fol14 lowing: 

15 ‘‘(B) RURAL PROJECTS FUND.—In the 

16 case of a project capitalizing a rural projects 

17 fund, the State infrastructure bank shall dem18 onstrate, not later than 2 years after the date 

19 on which a secured loan is obligated for the 

20 project under the TIFIA program, that the 

21 bank has executed a loan agreement with a bor22 rower for a rural infrastructure project in ac23 cordance with section 610. After the demonstra24 tion is made, the bank may draw upon the se25 cured loan. At the end of the 2-year period, to 


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1 the extent the bank has not used the loan com2 mitment, the Secretary may extend the term of 

3 the loan or withdraw the loan commitment.’’; 

4 (2) in subsection (b), by striking paragraph (2) 

5 and inserting the following: 

6 ‘‘(2) MASTER CREDIT AGREEMENTS.— 

7 ‘‘(A) PROGRAM OF RELATED PROJECTS.— 

8 The Secretary may enter into a master credit 

9 agreement for a program of related projects se10 cured by a common security pledge on terms 

11 acceptable to the Secretary. 

12 ‘‘(B) ADEQUATE FUNDING NOT AVAIL13 ABLE.—If the Secretary fully obligates funding 

14 to eligible projects for a fiscal year and ade15 quate funding is not available to fund a credit 

16 instrument, a project sponsor of an eligible 

17 project may elect to enter into a master credit 

18 agreement and wait to execute a credit instru19 ment until the fiscal year for which additional 

20 funds are available to receive credit assist21 ance.’’; 

22 (3) in subsection (c)(1), in the matter preceding 

23 subparagraph (A), by striking ‘‘this chapter’’ and in24 serting ‘‘the TIFIA program’’; and 


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1 (4) in subsection (e), by striking ‘‘this chapter’’ 

2 and inserting ‘‘the TIFIA program’’. 

3 (c) SECURED LOAN TERMS AND LIMITATIONS.—Sec4 tion 603(b) of title 23, United States Code, is amended— 

5 (1) in paragraph (2)— 

6 (A) by striking ‘‘The amount of’’ and in7 serting the following: 

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

9 subparagraph (B), the amount of’’; and 

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

11 ‘‘(B) RURAL PROJECTS FUND.—In the 

12 case of a project capitalizing a rural projects 

13 fund, the maximum amount of a secured loan 

14 made to a State infrastructure bank shall be 

15 determined in accordance with section 

16 602(a)(5)(B)(iii).’’; 

17 (2) in paragraph (3)(A)(i)— 

18 (A) in subclause (III), by striking ‘‘or’’ at 

19 the end; 

20 (B) in subclause (IV), by striking ‘‘and’’ at 

21 the end and inserting ‘‘or’’; and 

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

23 ‘‘(V) in the case of a secured 

24 loan for a project capitalizing a rural 

25 projects fund, any other dedicated 


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1 revenue sources available to a State 

2 infrastructure bank, including repay3 ments from loans made by the bank 

4 for rural infrastructure projects; 

5 and’’; 

6 (3) in paragraph (4)(B)— 

7 (A) in clause (i), by striking ‘‘under this 

8 chapter’’ and inserting ‘‘or a rural projects fund 

9 under the TIFIA program’’; and 

10 (B) in clause (ii), by inserting ‘‘and rural 

11 project funds’’ after ‘‘rural infrastructure 

12 projects’’; 

13 (4) in paragraph (5)— 

14 (A) by redesignating subparagraphs (A) 

15 and (B) as clauses (i) and (ii), respectively, and 

16 indenting appropriately; 

17 (B) in the matter preceding subparagraph 

18 (A), by striking ‘‘The final’’ and inserting the 

19 following: 

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

21 subparagraph (B), the final’’; and 

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

23 ‘‘(B) RURAL PROJECTS FUND.—In the 

24 case of a project capitalizing a rural projects 

25 fund, the final maturity date of the secured 


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1 loan shall not exceed 35 years after the date on 

2 which the secured loan is obligated.’’; 

3 (5) in paragraph (8), by striking ‘‘this chapter’’ 

4 and inserting ‘‘the TIFIA program’’; and 

5 (6) in paragraph (9)— 

6 (A) by striking ‘‘The total Federal assist7 ance provided on a project receiving a loan 

8 under this chapter’’ and inserting the following: 

9 ‘‘(A) IN GENERAL.—The total Federal as10 sistance provided for a project receiving a loan 

11 under the TIFIA program’’; and 

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

13 ‘‘(B) RURAL PROJECTS FUND.—A project 

14 capitalizing a rural projects fund shall satisfy 

15 clause (i) through compliance with the Federal 

16 share requirement described in section 

17 610(e)(3)(B).’’. 

18 (d) PROGRAM ADMINISTRATION.—Section 605 of 

19 title 23, United States Code, is amended— 

20 (1) by striking ‘‘this chapter’’ each place it ap21 pears and inserting ‘‘the TIFIA program’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(f) ASSISTANCE TO SMALL PROJECTS.— 

24 ‘‘(1) RESERVATION OF FUNDS.—Of the funds 

25 made available to carry out the TIFIA program for 


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1 each fiscal year, and after the set-aside under sec2 tion 608(a)(6), not less than $2,000,000 shall be 

3 made available for the Secretary to use in lieu of 

4 fees collected under subsection (b) for projects under 

5 the TIFIA program having eligible project costs that 

6 are reasonably anticipated not to equal or exceed 

7 $75,000,000. 

8 ‘‘(2) RELEASE OF FUNDS.—Any funds not used 

9 under paragraph (1) shall be made available on Oc10 tober 1 of the following fiscal year to provide credit 

11 assistance to any project under the TIFIA pro12 gram.’’. 

13 (e) STATE AND LOCAL PERMITS.—Section 606 of 

14 title 23, United States Code, is amended in the matter 

15 preceding paragraph (1) by striking ‘‘this chapter’’ and 

16 inserting ‘‘the TIFIA program’’. 

17 (f) REGULATIONS.—Section 607 of title 23, United 

18 States Code, is amended by striking ‘‘this chapter’’ and 

19 inserting ‘‘the TIFIA program’’. 

20 (g) FUNDING.—Section 608 of title 23, United States 

21 Code, is amended— 

22 (1) by striking ‘‘this chapter’’ each place it ap23 pears and inserting ‘‘the TIFIA program’’; and 

24 (2) in subsection (a)— 


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1 (A) in paragraph (2), by inserting ‘‘of’’ 

2 after ‘‘504(f)’’; 

3 (B) in paragraph (3)— 

4 (i) in subparagraph (A), by inserting 

5 ‘‘or rural projects funds’’ after ‘‘rural in6 frastructure projects’’; and 

7 (ii) in subparagraph (B), by inserting 

8 ‘‘or rural projects funds’’ after ‘‘rural in9 frastructure projects’’; and 

10 (C) in paragraph (6), by striking ‘‘0.50 

11 percent’’ and inserting ‘‘0.75 percent’’. 

12 (h) REPORTS TO CONGRESS.—Section 609 of title 23, 

13 United States Code, is amended by striking ‘‘this chapter 

14 (other than section 610)’’ each place it appears and insert15 ing ‘‘the TIFIA program’’. 

16 (i) STATE INFRASTRUCTURE BANK PROGRAM.—Sec17 tion 610 of title 23, United States Code, is amended— 

18 (1) in subsection (a), by adding at the end the 

19 following: 

20 ‘‘(11) RURAL INFRASTRUCTURE PROJECT.— 

21 The term ‘rural infrastructure project’ has the 

22 meaning given the term in section 601. 

23 ‘‘(12) RURAL PROJECTS FUND.—The term 

24 ‘rural projects fund’ has the meaning given the term 

25 in section 601.’’; 


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1 (2) in subsection (d)— 

2 (A) in paragraph (1)(A), by striking ‘‘each 

3 of fiscal years’’ and all that follows through the 

4 end of subparagraph (A) and inserting ‘‘each 

5 fiscal year under each of paragraphs (1), (2), 

6 and (5) of section 104(b); and’’; 

7 (B) in paragraph (2), by striking ‘‘in each 

8 of fiscal years 2005 through 2009’’ and insert9 ing ‘‘in each fiscal year’’; 

10 (C) in paragraph (3), by striking ‘‘in each 

11 of fiscal years 2005 through 2009’’ and insert12 ing ‘‘in each fiscal year’’; 

13 (D) by redesignating paragraphs (4) 

14 through (6) as paragraphs (5) through (7), re15 spectively; 

16 (E) by inserting after paragraph (3) the 

17 following: 

18 ‘‘(4) RURAL PROJECTS FUND.—Subject to sub19 section (j), the Secretary may permit a State enter20 ing into a cooperative agreement under this section 

21 to establish a State infrastructure bank to deposit 

22 into the rural projects fund of the bank the proceeds 

23 of a secured loan made to the bank in accordance 

24 with section 602 and 603.’’; and 


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1 (F) in paragraph (6) (as redesignated), by 

2 striking ‘‘section 133(d)(3)’’ and inserting ‘‘sec3 tion 133(d)(1)(A)(i)’’; 

4 (3) by striking subsection (e) and inserting the 

5 following: 

6 ‘‘(e) FORMS OF ASSISTANCE FROM STATE INFRA7 STRUCTURE BANKS.— 

8 ‘‘(1) IN GENERAL.—A State infrastructure 

9 bank established under this section may— 

10 ‘‘(A) with funds deposited into the highway 

11 account, transit account, or rail account of the 

12 bank, make loans or provide other forms of 

13 credit assistance to a public or private entity to 

14 carry out a project eligible for assistance under 

15 this section; and 

16 ‘‘(B) with funds deposited into the rural 

17 projects fund, make loans to a public or private 

18 entity to carry out a rural infrastructure 

19 project. 

20 ‘‘(2) SUBORDINATION OF LOAN.—The amount 

21 of a loan or other form of credit assistance provided 

22 for a project described in paragraph (1) may be sub23 ordinated to any other debt financing for the 

24 project. 


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1 ‘‘(3) MAXIMUM AMOUNT OF ASSISTANCE.—A 

2 State infrastructure bank established under this sec3 tion may— 

4 ‘‘(A) with funds deposited into the highway 

5 account, transit account, or rail account, make 

6 loans or provide other forms of credit assistance 

7 to a public or private entity in an amount up 

8 to 100 percent of the cost of carrying out a 

9 project eligible for assistance under this section; 

10 and 

11 ‘‘(B) with funds deposited into the rural 

12 projects fund, make loans to a public or private 

13 entity in an amount not to exceed 80 percent 

14 of the cost of carrying out a rural infrastruc15 ture project. 

16 ‘‘(4) INITIAL ASSISTANCE.—Initial assistance 

17 provided with respect to a project from Federal 

18 funds deposited into a State infrastructure bank 

19 under this section may not be made in the form of 

20 a grant.’’; 

21 (4) in subsection (g)— 

22 (A) in paragraph (1), by striking ‘‘each ac23 count’’ and inserting ‘‘the highway account, the 

24 transit account, and the rail account’’; and 


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1 (B) in paragraph (4), by inserting ‘‘, ex2 cept that any loan funded from the rural 

3 projects fund of the bank shall bear interest at 

4 or below the interest rate charged for the 

5 TIFIA loan provided to the bank under section 

6 603’’ after ‘‘feasible’’; and 

7 (5) in subsection (k), by striking ‘‘For each of 

8 fiscal years 2005 through 2009’’ and inserting ‘‘For 

9 each fiscal year’’. 

10 TITLE IV—TECHNICAL 

11 CORRECTIONS TO MAP–21 

12 SEC. 4001. TECHNICAL CORRECTIONS. 

13 (a) Section 101(a)(29) of title 23, United States 

14 Code, is amended— 

15 (1) in subparagraph (B), by inserting a comma 

16 after ‘‘disabilities’’; and 

17 (2) in subparagraph (F)(i), by striking 

18 ‘‘133(b)(11)’’ and inserting ‘‘133(b)(14)’’. 

19 (b) Section 119(d)(1)(A) of title 23, United States 

20 Code, is amended by striking ‘‘mobility,’’ and inserting 

21 ‘‘congestion reduction, system reliability,’’. 

22 (c) Section 126(b) of title 23, United States Code (as 

23 amended by section 1016(b)), is amended by striking 

24 ‘‘133(d)’’ and inserting ‘‘133(d)(1)(A)’’. 


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1 (d) Section 127(a)(3) of title 23, United States Code, 

2 is amended by striking ‘‘118(b)(2) of this title’’ and in3 serting ‘‘118(b)’’. 

4 (e) Section 150(c)(3)(B) of title 23, United States 

5 Code, is amended by striking the semicolon at the end and 

6 inserting a period. 

7 (f) Section 153(h)(2) of title 23, United States Code, 

8 is amended by striking ‘‘paragraphs (1) through (3)’’ and 

9 inserting ‘‘paragraphs (1), (2), and (4)’’. 

10 (g) Section 163(f)(2) of title 23, United States Code, 

11 is amended by striking ‘‘118(b)(2)’’ and inserting 

12 ‘‘118(b)’’. 

13 (h) Section 165(c)(7) of title 23, United States Code, 

14 is amended by striking ‘‘paragraphs (2), (4), (7), (8), 

15 (14), and (19)’’ and inserting ‘‘paragraphs (2), (4), (6), 

16 (7), and (14)’’. 

17 (i) Section 202(b)(3) of title 23, United States Code, 

18 is amended— 

19 (1) in subparagraph (A)(i), in the matter pre20 ceding subclause (I), by inserting ‘‘(a)(6),’’ after 

21 ‘‘subsections’’; and 

22 (2) in subparagraph (C)(ii)(IV), by striking 

23 ‘‘(III).]’’ and inserting ‘‘(III).’’. 


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1 (j) Section 217(a) of title 23, United States Code, 

2 is amended by striking ‘‘104(b)(3)’’ and inserting 

3 ‘‘104(b)(4)’’. 

4 (k) Section 327(a)(2)(B)(iii) of title 23, United 

5 States Code, is amended by striking ‘‘(42 U.S.C. 13 4321 

6 et seq.)’’ and inserting ‘‘(42 U.S.C. 4321 et seq.)’’. 

7 (l) Section 504(a)(4) of title 23, United States Code, 

8 is amended by striking ‘‘104(b)(3)’’ and inserting 

9 ‘‘104(b)(2)’’. 

10 (m) Section 515 of title 23, United States Code, is 

11 amended by striking ‘‘this chapter’’ each place it appears 

12 and inserting ‘‘sections 512 through 518’’. 

13 (n) Section 518(a) of title 23, United States Code, 

14 is amended by inserting ‘‘a report’’ after ‘‘House of Rep15 resentatives’’. 

16 (o) Section 6302(b)(3)(B)(vi)(III) of title 49, United 

17 States Code, is amended by striking ‘‘6310’’ and inserting 

18 ‘‘6309’’. 

19 (p) Section 1301(l)(3) of SAFETEA–LU (23 U.S.C. 

20 101 note; Public Law 109–59) is amended— 

21 (1) in subparagraph (A)(i), by striking ‘‘com22 plied’’ and inserting ‘‘compiled’’; and 

23 (2) in subparagraph (B), by striking ‘‘para24 graph (1)’’ and inserting ‘‘subparagraph (A)’’. 


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1 (q) Section 4407 of SAFETEA–LU (Public Law 

2 109–59; 119 Stat. 1777), is amended by striking ‘‘hereby 

3 enacted into law’’ and inserting ‘‘granted’’. 

4 (r) Section 51001(a)(1) of the Transportation Re5 search and Innovative Technology Act of 2012 (126 Stat. 

6 864) is amended by striking ‘‘sections 503(b), 503(d), and 

7 509’’ and inserting ‘‘section 503(b)’’. 

8 TITLE V—MISCELLANEOUS 

9 SEC. 5001. APPALACHIAN DEVELOPMENT HIGHWAY SYS10 TEM. 

11 Section 1528 of MAP–21 (40 U.S.C. 14501 note; 

12 Public Law 112–141) is amended— 

13 (1) by striking ‘‘2021’’ each place it appears 

14 and inserting ‘‘2050’’; and 

15 (2) by striking ‘‘shall be 100 percent’’ each 

16 place it appears and inserting ‘‘shall be up to 100 

17 percent, as determined by the State’’. 

18 SEC. 5002. APPALACHIAN REGIONAL DEVELOPMENT PRO19 GRAM. 

20 (a) HIGH-SPEED BROADBAND DEVELOPMENT INI21 TIATIVE.— 

22 (1) IN GENERAL.—Subchapter I of chapter 145 

23 of subtitle IV of title 40, United States Code, is 

24 amended by adding at the end the following: 


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1 ‘‘§ 14509. High-speed broadband deployment initia2 tive 

3 ‘‘(a) IN GENERAL.—The Appalachian Regional Com4 mission may provide technical assistance, make grants, 

5 enter into contracts, or otherwise provide amounts to indi6 viduals or entities in the Appalachian region for projects 

7 and activities— 

8 ‘‘(1) to increase affordable access to broadband 

9 networks throughout the Appalachian region; 

10 ‘‘(2) to conduct research, analysis, and training 

11 to increase broadband adoption efforts in the Appa12 lachian region; 

13 ‘‘(3) to provide technology assets, including 

14 computers, smartboards, and video projectors to 

15 educational systems throughout the Appalachian re16 gion; 

17 ‘‘(4) to increase distance learning opportunities 

18 throughout the Appalachian region; 

19 ‘‘(5) to increase the use of telehealth tech20 nologies in the Appalachian region; and 

21 ‘‘(6) to promote e-commerce applications in the 

22 Appalachian region. 

23 ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the 

24 cost of any activity eligible for a grant under this sec25 tion— 


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1 ‘‘(1) not more than 50 percent may be provided 

2 from amounts appropriated to carry out this section; 

3 and 

4 ‘‘(2) notwithstanding paragraph (1)— 

5 ‘‘(A) in the case of a project to be carried 

6 out in a county for which a distressed county 

7 designation is in effect under section 14526, 

8 not more than 80 percent may be provided from 

9 amounts appropriated to carry out this section; 

10 and 

11 ‘‘(B) in the case of a project to be carried 

12 out in a county for which an at-risk designation 

13 is in effect under section 14526, not more than 

14 70 percent may be provided from amounts ap15 propriated to carry out this section. 

16 ‘‘(c) SOURCES OF ASSISTANCE.—Subject to sub17 section (b), a grant provided under this section may be 

18 provided from amounts made available to carry out this 

19 section in combination with amounts made available— 

20 ‘‘(1) under any other Federal program; or 

21 ‘‘(2) from any other source. 

22 ‘‘(d) FEDERAL SHARE.—Notwithstanding any provi23 sion of law limiting the Federal share under any other 

24 Federal program, amounts made available to carry out 

25 this section may be used to increase that Federal share, 


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1 as the Appalachian Regional Commission determines to be 

2 appropriate.’’. 

3 (2) CONFORMING AMENDMENT.—The analysis 

4 for chapter 145 of title 40, United States Code, is 

5 amended by inserting after the item relating to sec6 tion 14508 the following: 

‘‘14509. High-speed broadband deployment initiative.’’. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

8 14703 of title 40, United States Code, is amended— 

9 (1) in subsection (a)(5), by striking ‘‘fiscal year 

10 2012’’ and inserting ‘‘each of fiscal years 2012 

11 through 2021’’; 

12 (2) by redesignating subsections (c) and (d) as 

13 subsections (d) and (e), respectively; and 

14 (3) by inserting after subsection (b) the fol15 lowing: 

16 ‘‘(c) HIGH-SPEED BROADBAND DEPLOYMENT INI17 TIATIVE.—Of the amounts made available under sub18 section (a), $10,000,000 shall be used to carry out section 

19 14509 for each of fiscal years 2016 through 2021.’’. 

20 (c) TERMINATION.—Section 14704 of title 40, United 

21 States Code, is amended by striking ‘‘2012’’ and inserting 

22 ‘‘2021’’. 

23 (d) EFFECTIVE DATE.—This section and the amend24 ments made by this section take effect on October 1, 2015. 


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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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269 

•S 1647 IS

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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270 

•S 1647 IS

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’’. 

Æ 


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