I 

117TH CONGRESS 

2D SESSION H. R. 6801 

To amend the National Highway System Designation Act of 1995 to permit 

the construction of certain noise barriers with funds from the Highway 

Trust Fund, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 18, 2022 

Ms. WILLIAMS of Georgia (for herself, Mr. HIMES, and Mr. BACON) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To amend the National Highway System Designation Act 

of 1995 to permit the construction of certain noise barriers with funds from the Highway Trust Fund, 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 ‘‘Negating Neighbor5 hood Noise Act’’. 


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1 SEC. 2. PERMITTING USE OF HIGHWAY TRUST FUND FOR 

2 CONSTRUCTION OF CERTAIN NOISE BAR3 RIERS. 

4 Section 339(b) of the National Highway System Des5 ignation Act of 1995 (23 U.S.C. 109 note) is amended 

6 to read as follows: 

7 ‘‘(1) GENERAL RULE.—No funds made avail8 able out of the Highway Trust Fund may be used 

9 to construct a Type II noise barrier (as defined by 

10 section 772.5 of title 23, Code of Federal Regula11 tions) pursuant to subsections (h) and (i) of section 

12 109 of title 23, United States Code. 

13 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

14 apply to construction or preservation of a Type II 

15 noise barrier if such a barrier— 

16 ‘‘(A) was not part of a project approved by 

17 the Secretary before November 28, 1995; 

18 ‘‘(B) is proposed along lands that were de19 veloped or were under substantial construction 

20 before approval of the acquisition of the rights21 of-ways for, or construction of, the existing 

22 highway; or 

23 ‘‘(C) as determined and applied by the 

24 Secretary, separates a highway or other noise 

25 corridor from a group of structures of which 


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1 the majority of such structures closest to the 

2 highway or noise corridor— 

3 ‘‘(i) are residential in nature; and 

4 ‘‘(ii) are at least 10 years old as of 

5 the date of the proposal of the barrier 

6 project.’’. 

7 SEC. 3. ELIGIBILITY FOR SURFACE TRANSPORTATION 

8 BLOCK GRANT FUNDS. 

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

10 amended— 

11 (1) in subsection (b) by adding at the end the 

12 following: 

13 ‘‘(25) Planning, design, preservation, or con14 struction of a Type II noise barrier (as described in 

15 section 772.5 of title 23, Code of Federal Regula16 tions) and consistent with the requirements of sec17 tion 339(b) of the National Highway System Des18 ignation Act of 1995 (23 U.S.C. 109 note).’’; and 

19 (2) in subsection (c)(2) by striking ‘‘and para20 graph (23)’’ and inserting ‘‘, paragraph (23), and 

21 paragraph (25)’’. 

22 SEC. 4. MULTIPURPOSE NOISE BARRIERS. 

23 (a) IN GENERAL.—The Secretary of Transportation 

24 shall ensure that a noise barrier constructed or preserved 

25 under section 339(b) of the National Highway System 


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1 Designation Act of 1995 (23 U.S.C. 109 note) or with 

2 funds made available under title 23, United States Code, 

3 may be a multipurpose noise barrier. 

4 (b) STATE APPROVAL.—A State, on behalf of the 

5 Secretary, may approve accommodation of a secondary 

6 beneficial use on a noise barrier within a right-of-way on 

7 a Federal-aid highway. 

8 (c) DEFINITIONS.— 

9 (1) MULTIPURPOSE NOISE BARRIER.—The term 

10 ‘‘multipurpose noise barrier’’ means any noise bar11 rier that provides a secondary beneficial use, includ12 ing a barrier that hosts or accommodates renewable 

13 energy generation facilities, electrical transmission 

14 and distribution infrastructure, or broadband infra15 structure and conduit. 

16 (2) SECONDARY BENEFICIAL USE.—The term 

17 ‘‘secondary beneficial use’’ means an environmental, 

18 economic, or social benefit in addition to highway 

19 noise mitigation. 

20 SEC. 5. AESTHETICS. 

21 A project sponsor constructing or preserving a noise 

22 barrier under section 339(b) of the National Highway Sys23 tem Designation Act of 1995 (23 U.S.C. 109 note) or with 

24 funds made available under title 23, United States Code, 

25 shall consider the aesthetics of the proposed noise barrier, 


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1 consistent with the latest version of the Noise Barrier De2 sign Handbook published by the Federal Highway Admin3 istration of the Department of Transportation. 

Æ 


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