II 

113TH CONGRESS 

2D SESSION S. 2322 

To reauthorize Federal-aid highway and highway safety construction 

programs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2014 

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

A BILL 

To reauthorize Federal-aid highway and highway safety 

construction programs, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘MAP–21 Reauthorization Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorizations and Programs 


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Sec. 1101. Authorization of appropriations. 

Sec. 1102. Obligation ceiling. 

Sec. 1103. Apportionment. 

Sec. 1104. National highway performance program. 

Sec. 1105. Federal share payable. 

Sec. 1106. Surface transportation program. 

Sec. 1107. Highway use tax evasion projects. 

Sec. 1108. Bundling of bridge projects. 

Sec. 1109. Flexibility for certain rural road and bridge projects. 

Sec. 1110. Requirements for eligible bridge projects. 

Sec. 1111. Construction of ferry boats and ferry terminal facilities. 

Sec. 1112. Highway safety improvement program. 

Sec. 1113. Data collection on unpaved roads. 

Sec. 1114. Congestion mitigation and air quality improvement program. 

Sec. 1115. Highway safety improvement program performance measure. 

Sec. 1116. National freight program. 

Sec. 1117. State freight advisory committees. 

Sec. 1118. State freight plans. 

Sec. 1119. Projects of national or regional significance. 

Sec. 1120. Transportation alternatives. 

Sec. 1121. Assessing policy and system financing alternatives. 

Sec. 1122. Consolidation of programs. 

Sec. 1123. State flexibility for national highway system modifications. 

Sec. 1124. Department of Transportation performance measures. 

Sec. 1125. American transportation awards. 

Subtitle B—Highway Trust Fund Transparency and Accountability 

Sec. 1201. Highway Trust Fund transparency and accountability. 

Sec. 1202. Report on Highway Trust Fund administrative expenditures. 

Subtitle C—Acceleration of Project Delivery 

Sec. 1301. Categorical exclusion for projects of limited Federal assistance. 

Sec. 1302. Programmatic agreement template. 

Sec. 1303. Satisfaction of requirements for certain historic sites. 

Sec. 1304. Initiation of environmental review process and elimination of duplicative reviews. 

Sec. 1305. Accelerated decisionmaking in environmental reviews. 

Sec. 1306. Integration of planning and environmental review. 

Sec. 1307. Use of programmatic agreement. 

Sec. 1308. Technical assistance for States. 

Sec. 1309. Improvement of application of categorical exclusions for multimodal 

projects. 

TITLE II—TRANSPORTATION INFRASTRUCTURE FINANCE AND 

INNOVATION ACT OF 1998 AMENDMENTS 

Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998 

amendments. 

Sec. 2002. State infrastructure banks. 

Sec. 2003. TIFIA loans for State infrastructure banks. 

TITLE III—TECHNICAL CORRECTIONS TO MAP–21 

Sec. 3001. Technical corrections. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

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

4 means the Department of Transportation. 

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

6 the Secretary of Transportation. 

7 TITLE I—FEDERAL-AID 

8 HIGHWAYS 

9 Subtitle A—Authorizations and 

10 Programs 

11 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 

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

14 (other than the Mass Transit Account): 

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

16 the national highway performance program under 

17 section 119 of title 23, United States Code, the sur18 face transportation program under section 133 of 

19 that title, the highway safety improvement program 

20 under section 148 of that title, the congestion miti21 gation and air quality improvement program under 

22 section 149 of that title, the national freight pro23 gram under section 167 of that title, and to carry 

24 out section 134 of that title— 

25 (A) $38,441,000,000 for fiscal year 2015; 

26 (B) $39,173,000,000 for fiscal year 2016; 


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1 (C) $39,987,000,000 for fiscal year 2017; 

2 (D) $40,842,000,000 for fiscal year 2018; 

3 (E) $41,698,000,000 for fiscal year 2019; 

4 and 

5 (F) $42,594,000,000 for fiscal year 2020. 

6 (2) TRANSPORTATION INFRASTRUCTURE FI7 NANCE AND INNOVATION PROGRAM.—For credit as8 sistance under the transportation infrastructure fi9 nance and innovation program under chapter 6 of 

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

11 each of fiscal years 2015 through 2020. 

12 (3) FEDERAL LANDS AND TRIBAL TRANSPOR13 TATION PROGRAMS.— 

14 (A) TRIBAL TRANSPORTATION PRO15 GRAM.—For the tribal transportation program 

16 under section 202 of title 23, United States 

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

18 2015 through 2020. 

19 (B) FEDERAL LANDS TRANSPORTATION

20 PROGRAM.—For the Federal lands transpor21 tation program under section 203 of title 23, 

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

23 fiscal years 2015 through 2020, of which 

24 $240,000,000 of the amount made available for 

25 each fiscal year shall be the amount for the NaVerDate Mar 15 2010 01:54 May 15, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2322.IS S2322

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1 tional Park Service and $30,000,000 of the 

2 amount made available for each fiscal year shall 

3 be the amount for the United States Fish and 

4 Wildlife Service. 

5 (C) FEDERAL LANDS ACCESS PROGRAM.— 

6 For the Federal lands access program under 

7 section 204 of title 23, United States Code, 

8 $250,000,000 for each of fiscal years 2015 

9 through 2020. 

10 (4) PROJECTS OF NATIONAL OR REGIONAL SIG11 NIFICANCE PROGRAM.—For the projects of national 

12 or regional significance program under section 171 

13 of title 23, United States Code, $400,000,000 for 

14 each of fiscal years 2015 through 2020. 

15 (5) TERRITORIAL AND PUERTO RICO HIGHWAY

16 PROGRAM.—For the territorial and Puerto Rico 

17 highway program under section 165 of title 23, 

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

19 years 2015 through 2020. 

20 (b) RESEARCH, TECHNOLOGY, AND EDUCATION AU21 THORIZATIONS.— 

22 (1) IN GENERAL.—The following sums are au23 thorized to be appropriated: 

24 (A) HIGHWAY RESEARCH AND DEVELOP25 MENT PROGRAM.—To carry out the highway reVerDate Mar 15 2010 01:54 May 15, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2322.IS S2322

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1 search and development program under section 

2 503(b) of title 23, United States Code, 

3 $115,000,000 for each of fiscal years 2015 

4 through 2020. 

5 (B) TECHNOLOGY AND INNOVATION DE6 PLOYMENT PROGRAM.—To carry out the tech7 nology and innovation deployment program 

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

9 Code, $62,500,000 for each of fiscal years 2015 

10 through 2020. 

11 (C) TRAINING AND EDUCATION.—To carry 

12 out training and education under section 504 of 

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

14 each of fiscal years 2015 through 2020. 

15 (D) INTELLIGENT TRANSPORTATION SYS16 TEMS PROGRAM.—To carry out the intelligent 

17 transportation systems program under sections 

18 512 through 518 of title 23, United States 

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

20 2015 through 2020. 

21 (E) UNIVERSITY TRANSPORTATION CEN22 TERS PROGRAM.—To carry out the university 

23 transportation centers program under section 

24 5505 of title 49, United States Code, 


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1 $72,500,000 for each of fiscal years 2015 

2 through 2020. 

3 (F) BUREAU OF TRANSPORTATION STATIS4 TICS.—To carry out chapter 63 of title 49, 

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

6 fiscal years 2015 through 2020. 

7 (2) ADMINISTRATION.—The Federal Highway 

8 Administration shall administer the programs de9 scribed in subparagraphs (D) through (F) of para10 graph (1). 

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 

25 testimony and documentation of race and genVerDate Mar 15 2010 01:54 May 15, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2322.IS S2322

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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 

25 shall be presumed to be socially and economiVerDate Mar 15 2010 01:54 May 15, 2014 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2322.IS S2322

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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 entity or person 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 SEC. 1102. OBLIGATION CEILING. 

22 (a) GENERAL LIMITATION.—Subject to subsection 

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

24 obligations for Federal-aid highway and highway safety 

25 construction programs shall not exceed— 


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1 (1) $40,907,000,000 for fiscal year 2015; 

2 (2) $41,639,000,000 for fiscal year 2016; 

3 (3) $42,453,000,000 for fiscal year 2017; 

4 (4) $43,308,000,000 for fiscal year 2018; 

5 (5) $44,164,000,000 for fiscal year 2019; and 

6 (6) $45,060,000,000 for fiscal year 2020. 

7 (b) EXCEPTIONS.—The limitations under subsection 

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

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

10 (2) section 147 of the Surface Transportation 

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

12 Stat. 2714); 

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

14 of 1981 (95 Stat. 1701); 

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

16 Surface Transportation Assistance Act of 1982 (96 

17 Stat. 2119); 

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

19 Surface Transportation and Uniform Relocation As20 sistance Act of 1987 (101 Stat. 198); 

21 (6) sections 1103 through 1108 of the Inter22 modal Surface Transportation Efficiency Act of 

23 1991 (105 Stat. 2027); 

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

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


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

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

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

4 of those fiscal years); 

5 (9) Federal-aid highway programs for which ob6 ligation authority was made available under the 

7 Transportation Equity Act for the 21st Century 

8 (112 Stat. 107) or subsequent Acts for multiple 

9 years or to remain available until expended, but only 

10 to the extent that the obligation authority has not 

11 lapsed or been used; 

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

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

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

15 of those fiscal years); 

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

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

18 funds obligated in accordance with that section were 

19 not subject to a limitation on obligations at the time 

20 at which the funds were initially made available for 

21 obligation; 

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

23 (as in effect for fiscal years 2013 and 2014, but only 

24 in an amount equal to $639,000,000 for each of 

25 those fiscal years); and 


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

2 (but, for each of fiscal years 2015 through 2020, 

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

4 of those fiscal years). 

5 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 

6 For each of fiscal years 2015 through 2020, the Secretary 

7 shall— 

8 (1) not distribute obligation authority provided 

9 by subsection (a) for the fiscal year for amounts au10 thorized for administrative expenses and programs 

11 by section 104(a) of title 23, United States Code; 

12 (2) not distribute an amount of obligation au13 thority provided by subsection (a) that is equal to 

14 the unobligated balance of amounts— 

15 (A) made available from the Highway 

16 Trust Fund (other than the Mass Transit Ac17 count) for Federal-aid highway and highway 

18 safety construction programs for previous fiscal 

19 years the funds for which are allocated by the 

20 Secretary (or apportioned by the Secretary 

21 under sections 202 or 204 of title 23, United 

22 States Code); and 

23 (B) for which obligation authority was pro24 vided in a previous fiscal year; 

25 (3) determine the proportion that— 


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1 (A) the obligation authority provided by 

2 subsection (a) for the fiscal year, less the aggre3 gate of amounts not distributed under para4 graphs (1) and (2) of this subsection; bears to 

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

6 appropriated for the Federal-aid highway and 

7 highway safety construction programs (other 

8 than sums authorized to be appropriated for 

9 provisions of law described in paragraphs (1) 

10 through (12) of subsection (b) and sums au11 thorized to be appropriated for section 119 of 

12 title 23, United States Code, equal to the 

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

14 fiscal year), less the aggregate of the amounts 

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

16 this subsection; 

17 (4) distribute the obligation authority provided 

18 by subsection (a), less the aggregate amounts not 

19 distributed under paragraphs (1) and (2), for each 

20 of the programs (other than programs to which 

21 paragraph (1) applies) that are allocated by the Sec22 retary under this Act and title 23, United States 

23 Code, or apportioned by the Secretary under sections 

24 202 or 204 of that title, by multiplying— 


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1 (A) the proportion determined under para2 graph (3); by 

3 (B) the amounts authorized to be appro4 priated for each such program for the fiscal 

5 year; and 

6 (5) distribute the obligation authority provided 

7 by subsection (a), less the aggregate amounts not 

8 distributed under paragraphs (1) and (2) and the 

9 amounts distributed under paragraph (4), for Fed10 eral-aid highway and highway safety construction 

11 programs that are apportioned by the Secretary 

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

13 amounts apportioned for the national highway per14 formance program in section 119 of title 23, United 

15 States Code, that are exempt from the limitation 

16 under subsection (b)(13) and the amounts appor17 tioned under sections 202 and 204 of that title) in 

18 the proportion that— 

19 (A) amounts authorized to be appropriated 

20 for the programs that are apportioned under 

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

22 the fiscal year; bears to 

23 (B) the total of the amounts authorized to 

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1 portioned under title 23, United States Code, to 

2 all States for the fiscal year. 

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

5 shall, after August 1 of each of fiscal years 2015 through 

6 2020— 

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

9 amount distributed cannot be obligated during that 

10 fiscal year; and 

11 (2) redistribute sufficient amounts to those 

12 States able to obligate amounts in addition to those 

13 previously distributed during that fiscal year, giving 

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

16 effect on the day before the date of enactment of 

17 MAP–21 (Public Law 112–141) and 104 of title 23, 

18 United States Code. 

19 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

20 FUNDS.— 

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

22 the date of distribution of obligation authority under 

23 subsection (c) for each of fiscal years 2015 through 

24 2020, the Secretary shall distribute to the States 

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1 gram under section 202 of title 23, United States 

2 Code) that— 

3 (A) are authorized to be appropriated for 

4 the fiscal year for Federal-aid highway pro5 grams; and 

6 (B) the Secretary determines will not be 

7 allocated to the States (or will not be appor8 tioned to the States under section 204 of title 

9 23, United States Code), and will not be avail10 able for obligation, for the fiscal year because 

11 of the imposition of any obligation limitation for 

12 the fiscal year. 

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

14 paragraph (1) in the same proportion as the dis15 tribution of obligation authority under subsection 

16 (c)(5). 

17 (3) AVAILABILITY.—Funds distributed to each 

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

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

20 United States Code. 

21 SEC. 1103. APPORTIONMENT. 

22 Section 104 of title 23, United States Code, is 

23 amended— 

24 (1) in subsection (a)(1) by striking ‘‘Adminis25 tration—’’ and all that follows through the period at 


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1 the end and inserting ‘‘Administration $440,000,000 

2 for each of fiscal years 2015 through 2020.’’; 

3 (2) in subsection (b)— 

4 (A) by inserting ‘‘the national freight pro5 gram,’’ after ‘‘highway safety improvement pro6 gram,’’; 

7 (B) in paragraphs (1), (2), and (3) by 

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

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

10 (6)’’; 

11 (C) in paragraph (4) in the matter pre12 ceding subparagraph (A) by striking ‘‘deter13 mined for the State under subsection (c)’’ and 

14 inserting ‘‘remaining under subsection (c) after 

15 making amounts available in accordance with 

16 paragraph (6) for each of fiscal years 2015 

17 through 2020’’; 

18 (D) in paragraph (5) in the matter pre19 ceding subparagraph (A) by striking ‘‘deter20 mined for the State under subsection (c)’’ and 

21 inserting ‘‘remaining under subsection (c) after 

22 making amounts available in accordance with 

23 paragraph (6) for each of fiscal years 2015 

24 through 2020’’; and 

25 (E) by adding at the end the following: 


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1 ‘‘(6) NATIONAL FREIGHT PROGRAM.—For the 

2 national freight program under section 167, the Sec3 retary shall set aside from the amount determined 

4 under subsection (c) prior to distributing amounts 

5 under paragraphs (1) through (5)— 

6 ‘‘(A) $400,000,000 for fiscal year 2016; 

7 ‘‘(B) $800,000,000 for fiscal year 2017; 

8 ‘‘(C) $1,200,000,000 for fiscal year 2018; 

9 ‘‘(D) $1,600,000,000 for fiscal year 2019; 

10 and 

11 ‘‘(E) $2,000,000,000 for fiscal year 

12 2020.’’; and 

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

14 following: 

15 ‘‘(3) FOR FISCAL YEARS 2015 THROUGH 2020.— 

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

17 years 2015 through 2020, the amount for each 

18 State of combined apportionments for the na19 tional highway performance program under sec20 tion 119, the surface transportation program 

21 under section 133, the highway safety improve22 ment program under section 148, the conges23 tion mitigation and air quality improvement 

24 program under section 149, the national freight 


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1 program under section 167, and to carry out 

2 section 134 shall be determined as follows: 

3 ‘‘(i) INITIAL AMOUNT.—The initial 

4 amount for each State shall be determined 

5 by multiplying the total amount available 

6 for apportionment by the share for each 

7 State which shall be equal to the propor8 tion that— 

9 ‘‘(I) the amount of apportion10 ments that the State received for fis11 cal year 2014; bears to 

12 ‘‘(II) the amount of those appor13 tionments received by all States for 

14 that fiscal year. 

15 ‘‘(ii) ADJUSTMENTS TO AMOUNTS.— 

16 The initial amounts resulting from the cal17 culation under clause (i) shall be adjusted 

18 to ensure that, for each State, the amount 

19 of combined apportionments for the pro20 grams shall not be less than 95 percent of 

21 the estimated tax payments attributable to 

22 highway users in the State paid into the 

23 Highway Trust Fund (other than the Mass 

24 Transit Account) in the most recent fiscal 

25 year for which data are available. 


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

2 of fiscal years 2015 through 2020, on October 

3 1, the Secretary shall apportion the sum au4 thorized to be appropriated for expenditure on 

5 the national highway performance program 

6 under section 119, the surface transportation 

7 program under section 133, the highway safety 

8 improvement program under section 148, the 

9 congestion mitigation and air quality improve10 ment program under section 149, the national 

11 freight program under section 167, and to carry 

12 out section 134 in accordance with subpara13 graph (A).’’. 

14 SEC. 1104. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

15 Section 119(d)(2) of title 23, United States Code, is 

16 amended by adding at the end the following: 

17 ‘‘(Q) 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) of bridges on 

23 Federal-aid highways (other than on the Na24 tional Highway System), except that a State 

25 may not obligate in excess of 10 percent of the 


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1 funds apportioned to the State under section 

2 104(b)(1) for such purpose.’’. 

3 SEC. 1105. FEDERAL SHARE PAYABLE. 

4 Section 120(c) of title 23, United States Code, is 

5 amended— 

6 (1) in paragraph (1) in the first sentence— 

7 (A) by inserting ‘‘(including pedestrian hy8 brid beacons)’’ after ‘‘control signalization,’’; 

9 (B) by inserting ‘‘roadway improvements 

10 that provide separation between pedestrians and 

11 motor vehicles (including medians and pedes12 trian crossing islands),’’ after ‘‘safety rest 

13 areas,’’; and 

14 (C) by inserting ‘‘safe routes to schools,’’ 

15 after ‘‘crossing closure,’’; and 

16 (2) in paragraph (3)— 

17 (A) in subparagraph (A)(ii) by inserting 

18 ‘‘engineering, or design approaches,’’ after 

19 ‘‘technologies,’’; and 

20 (B) in subparagraph (B)— 

21 (i) in clause (iv) by striking ‘‘or’’; 

22 (ii) in clause (v) by striking the period 

23 at the end and inserting ‘‘; or’’; and 

24 (iii) by adding at the end the fol25 lowing: 


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1 ‘‘(vi) contracts for engineering and de2 sign services as described in section 

3 112(b)(2).’’. 

4 SEC. 1106. SURFACE TRANSPORTATION PROGRAM. 

5 Section 133(b) of title 23, United States Code, is 

6 amended— 

7 (1) in paragraph (10) by inserting ‘‘, including 

8 emergency evacuation plans’’ after ‘‘programs’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(27) Transportation research activities, includ11 ing university transportation centers, under chapter 

12 55 of title 49.’’. 

13 SEC. 1107. HIGHWAY USE TAX EVASION PROJECTS. 

14 Section 143(b)(2)(A) of title 23, United States Code, 

15 is amended by striking ‘‘and 2014’’ and inserting 

16 ‘‘through 2020’’. 

17 SEC. 1108. BUNDLING OF BRIDGE PROJECTS. 

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

19 States Code, is amended— 

20 (1) by redesignating subsection (j) as sub21 section (k); and 

22 (2) by inserting after subsection (i) the end the 

23 following: 

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


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

2 is to save costs and time by encouraging States to 

3 bundle multiple bridge projects as 1 project. 

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

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

6 entity eligible to carry out bridge projects under sec7 tion 119 or 133. 

8 ‘‘(3) BUNDLING OF BRIDGE PROJECTS.—An eli9 gible entity may bundle 2 or more similar bridge 

10 projects that are— 

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

12 133; 

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

14 transportation improvement program under sec15 tion 134(j) or a statewide transportation im16 provement program under section 135, as appli17 cable; and 

18 ‘‘(C) awarded to a single contractor pursu19 ant to a contract for engineering and design or 

20 construction between the contractor and a State 

21 department of transportation. 

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

23 provision of law (including regulations), an eligible 

24 bridge project included in a bundle under this sub25 section may be listed as— 


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

2 and 135; and 

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

4 bundle. 

5 ‘‘(5) FINANCIAL CHARACTERISTICS.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), projects bundled under this sub8 section shall have the same financial character9 istics, including— 

10 ‘‘(i) the same funding category or 

11 subcategory; and 

12 ‘‘(ii) the same Federal share. 

13 ‘‘(B) LIMITATION.—Notwithstanding sec14 tion 126, at the request of an eligible entity, the 

15 Secretary may transfer from funds suballocated 

16 under section 133(d)(1)(A) the amount of funds 

17 for which 1 or more of the bundled projects is 

18 eligible such that the funds for the entire bun19 dle of projects are in a single fund category.’’. 

20 (b) TECHNICAL AMENDMENTS.—Section 

21 120(c)(3)(B) of title 23, United States Code (as amended 

22 by section 1105(2)) is amended— 

23 (1) in clause (v) by striking ‘‘or’’ at the end; 

24 (2) in clause (vi) by striking the period at the 

25 end and inserting ‘‘; or’’; and 


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

2 ‘‘(vii) bundled projects, as described 

3 in section 144(j).’’. 

4 SEC. 1109. FLEXIBILITY FOR CERTAIN RURAL ROAD AND 

5 BRIDGE PROJECTS. 

6 (a) AUTHORITY.—The Secretary is authorized, upon 

7 request by a State, to exercise all existing flexibilities and 

8 exceptions from the requirements of title 23, United 

9 States Code, and other requirements administered by the 

10 Secretary, in whole or part, and otherwise provide addi11 tional flexibility or expedited processing with respect to 

12 such requirements, with respect to rural road and rural 

13 bridge projects eligible for funding under such title, pursu14 ant to the provisions of this section. 

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

16 bridge project under this section shall— 

17 (1) be located in a county or parish that, based 

18 on the most recent decennial census, either— 

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

20 persons per square mile of land area; or 

21 (B) is the county or parish that has the 

22 lowest population density of all counties or par23 ishes in the State; 

24 (2) be located within the operational right-of25 way (as defined in section 1316(b) of MAP–21 (23 


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1 U.S.C. 109 note; Public Law 112–141)) of an exist2 ing road or bridge; and 

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

4 funds; or 

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

6 than $30,000,000 and Federal funds comprising less 

7 than 15 percent of the total estimated project cost. 

8 (c) PROCESS TO ASSIST RURAL PROJECTS.— 

9 (1) ASSISTANCE WITH FEDERAL REQUIRE10 MENTS.— 

11 (A) IN GENERAL.—For projects eligible 

12 under this section, the Secretary shall seek to 

13 provide, to the maximum extent practicable, 

14 regulatory relief and flexibility consistent with 

15 this section. 

16 (B) EXCEPTIONS, EXEMPTIONS, AND ADDI17 TIONAL FLEXIBILITY.—Exceptions, exemptions, 

18 and additional flexibility from regulatory re19 quirements may be granted if, in the opinion of 

20 the Secretary— 

21 (i) the project is not expected to have 

22 a significant adverse impact on the envi23 ronment; 

24 (ii) the project is not expected to have 

25 an adverse impact on safety; and 


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1 (iii) such assistance would be in the 

2 public interest for 1 or more reasons such 

3 as— 

4 (I) reduced project costs; 

5 (II) expedited construction, par6 ticularly in an area where the con7 struction season is relatively short and 

8 not granting the waiver or additional 

9 flexibility could delay the project to a 

10 later construction season; or 

11 (III) improved safety. 

12 (2) MAINTAINING PROTECTIONS.—Nothing in 

13 this subsection— 

14 (A) waives sections 113 or 138 of title 23, 

15 United States Code; 

16 (B) supersedes, amends, or modifies— 

17 (i) the National Environmental Policy 

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

19 any other Federal environmental law; or 

20 (ii) any requirement of title 23, 

21 United States Code; or 

22 (C) affects the responsibility of any Fed23 eral officer to comply with or enforce any such 

24 law or requirement. 


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1 SEC. 1110. REQUIREMENTS FOR ELIGIBLE BRIDGE 

2 PROJECTS. 

3 (a) DEFINITIONS.—In this section, the following defi4 nitions apply: 

5 (1) ELIGIBLE BRIDGE PROJECT.—The term 

6 ‘‘eligible bridge project’’ means a project for con7 struction, alteration, or repair work on a bridge or 

8 overpass funded directly by, or provided other assist9 ance through, the Federal Government. 

10 (2) QUALIFIED TRAINING PROGRAM.—The term 

11 ‘‘qualified training program’’ means a training pro12 gram that— 

13 (A)(i) is certified by the Secretary of 

14 Labor; and 

15 (ii) with respect to an eligible bridge 

16 project located in an area in which the Sec17 retary of Labor determines that a training pro18 gram does not exist, is registered with— 

19 (I) the Department of Labor; or 

20 (II) a State agency recognized by the 

21 Department of Labor for purposes of a 

22 Federal training program; or 

23 (B) is a corrosion control, mitigation, and 

24 prevention personnel training program that is 

25 offered by an organization whose standards are 


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1 recognized and adopted in other Federal agen2 cies or State departments of transportation. 

3 (b) ELIGIBILITY REQUIREMENTS.— 

4 (1) IN GENERAL.—Each contractor and subcon5 tractor that carries out any aspect of an eligible 

6 bridge project described in paragraph (2) shall— 

7 (A) before entering into the applicable con8 tract, be certified by the Secretary or a State, 

9 in accordance with paragraph (4), as meeting 

10 the eligibility requirements described in para11 graph (3); and 

12 (B) remain certified as described in sub13 paragraph (A) while carrying out the applicable 

14 aspect of the eligible bridge project. 

15 (2) DESCRIPTION OF ASPECTS OF ELIGIBLE

16 BRIDGE PROJECTS.—An aspect of an eligible bridge 

17 project referred to in paragraph (1) is— 

18 (A) surface preparation or coating applica19 tion on bridge steel of an eligible bridge project; 

20 (B) removal of a lead-based or other haz21 ardous coating from bridge steel of an existing 

22 eligible bridge project; 

23 (C) shop painting of structural steel fab24 ricated for installation on bridge steel of an eli25 gible bridge project; and 


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1 (D) the design, application, installation, 

2 and maintenance of a cathodic protection sys3 tem. 

4 (3) REQUIREMENTS.—The eligibility require5 ments referred to in paragraph (1) are that a con6 tractor or subcontractor shall— 

7 (A) as determined by the Secretary— 

8 (i) use corrosion mitigation and pre9 vention methods to preserve relevant 

10 bridges and overpasses, taking into ac11 count— 

12 (I) material selection; 

13 (II) coating considerations; 

14 (III) cathodic protection consid15 erations; 

16 (IV) design considerations for 

17 corrosion; and 

18 (V) trained applicators; 

19 (ii) use best practices— 

20 (I) to prevent environmental deg21 radation; and 

22 (II) to ensure careful handling of 

23 all hazardous materials; and 

24 (iii) demonstrate a history of employ25 ing industry-respected inspectors to ensure 


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1 funds are used in the interest of affected 

2 taxpayers; and 

3 (B) demonstrate a history of compliance 

4 with applicable requirements of the Occupa5 tional Safety and Health Administration, as de6 termined by the Secretary of Labor. 

7 (4) STATE CONSULTATION.—In determining 

8 whether to certify a contractor or subcontractor 

9 under paragraph (1)(A), a State shall consult with 

10 engineers and other experts trained in accordance 

11 with a qualified training program specializing in cor12 rosion control, mitigation, and prevention methods. 

13 (c) OPTIONAL TRAINING PROGRAM.—As a condition 

14 of entering into a contract for an eligible bridge project, 

15 each contractor and subcontractor that performs construc16 tion, alteration, or repair work on a bridge or overpass 

17 for the eligible bridge project may provide, or make avail18 able, training, through a qualified training program, for 

19 each applicable craft or trade classification of employees 

20 that the contractor or subcontractor intends to employ to 

21 carry out aspects of eligible bridge projects as described 

22 in subsection (b)(2). 


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1 SEC. 1111. CONSTRUCTION OF FERRY BOATS AND FERRY 

2 TERMINAL FACILITIES. 

3 (a) CONSTRUCTION OF FERRY BOATS AND FERRY

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

5 States Code, is amended— 

6 (1) by redesignating subsections (a), (b), (c), 

7 (d), (e), (f), and (g) as subsections (b), (c), (d), (e), 

8 (f), (k), and (l), respectively; 

9 (2) by inserting before subsection (b) (as redes10 ignated by paragraph (1)) the following: 

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

12 definitions apply: 

13 ‘‘(1) BOARDING.— 

14 ‘‘(A) IN GENERAL.—The term ‘boarding’ 

15 means the initial boarding of a ferry by a pas16 senger or vehicle at the initial terminal of de17 parture. 

18 ‘‘(B) EXCLUSIONS.—The term ‘boarding’ 

19 does not include boarding of a ferry by a pas20 senger or vehicle at any subsequent terminal 

21 stop of the ferry. 

22 ‘‘(2) FERRY ROUTE.—The term ‘ferry route’ 

23 means a permanent publicly controlled fixed route in 

24 accordance with section 129(c) from one terminal to 

25 the next terminal in one direction. A route which 

26 serves the opposite direction is considered a separate 


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1 route. For purposes of nautical miles reported, an 

2 alternative limited scheduled ferry route that is oth3 erwise served regularly by other routes with multiple 

4 stops shall not be reported as a separate ferry route 

5 unless otherwise determined by the Secretary. 

6 ‘‘(3) STATE.—The term ‘State’ means— 

7 ‘‘(A) any of the 50 States; 

8 ‘‘(B) the District of Columbia; 

9 ‘‘(C) the Commonwealth of Puerto Rico; 

10 ‘‘(D) Guam; 

11 ‘‘(E) American Samoa; 

12 ‘‘(F) the Commonwealth of the Northern 

13 Mariana Islands; and 

14 ‘‘(G) the United States Virgin Islands.’’; 

15 (3) in subsection (b) (as redesignated by para16 graph (1)) by striking ‘‘IN GENERAL’’ and inserting 

17 ‘‘PROGRAM’’; 

18 (4) in subsection (d) (as redesignated by para19 graph (1)) by striking ‘‘subsection (d)’’ and insert20 ing ‘‘subsection (e)’’; and 

21 (5) by striking subsections (e) and (f) (as re22 designated by paragraph (1)) and inserting the fol23 lowing: 

24 ‘‘(e) FORMULA.—Of the amounts allocated pursuant 

25 to subsection (d)— 


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1 ‘‘(1) 35 percent shall be allocated among eligi2 ble entities in the proportion that— 

3 ‘‘(A) the number of ferry passengers, in4 cluding passengers in vehicles, carried by each 

5 ferry system in the most recent fiscal year; 

6 bears to 

7 ‘‘(B) the number of ferry passengers, in8 cluding passengers in vehicles, carried by all 

9 ferry systems in the most recent fiscal year; 

10 ‘‘(2) 35 percent shall be allocated among eligi11 ble entities in the proportion that— 

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

13 each ferry system in the most recent fiscal year; 

14 bears to 

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

16 ferry systems in the most recent fiscal year; 

17 and 

18 ‘‘(3) 30 percent shall be allocated among eligi19 ble entities in the proportion that— 

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

21 by each ferry system; bears to 

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

23 by all ferry systems. 

24 ‘‘(f) CERTAIN ROUTES.—For a ferry route that pro25 vides service between 2 States or a State and Canada, 


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1 nautical miles for a route shall be reported by and as2 signed to the State of departure on the ferry route to the 

3 first destination of the ferry in the subsequent State or 

4 in Canada. 

5 ‘‘(g) REDISTRIBUTION OF UNOBLIGATED

6 AMOUNTS.—The Secretary shall— 

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

8 entity under subsection (d) that remain unobligated 

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

10 year for which the amounts were allocated; and 

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

12 those funds in accordance with the formula under 

13 subsection (e) among eligible entities for which no 

14 amounts were withdrawn under paragraph (1). 

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

17 requirements of this section shall receive not less than 

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

19 ‘‘(i) IMPLEMENTATION.— 

20 ‘‘(1) DATA COLLECTION.— 

21 ‘‘(A) NATIONAL FERRY DATABASE.— 

22 Amounts made available for a fiscal year under 

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

25 accordance with the national ferry database esVerDate Mar 15 2010 01:54 May 15, 2014 Jkt 039200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S2322.IS S2322

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1 tablished under section 1801(e) of the 

2 SAFETEA–LU (23 U.S.C. 129 note; Public 

3 Law 109–59). 

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

5 eligible to receive funds under subsection (d), 

6 data shall have been submitted in the most re7 cent collection of data for the national ferry 

8 database under section 1801(e) of the 

9 SAFETEA–LU (23 U.S.C. 129 note; Public 

10 Law 109–59) for at least 1 ferry service within 

11 the State. 

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

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

14 may make adjustments to the data as the Secretary 

15 determines necessary to correct misreported or in16 consistent data. 

17 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

18 is authorized to be appropriated out of the Highway Trust 

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

20 this section $75,000,000 for each fiscal year.’’. 

21 (b) NATIONAL FERRY DATABASE.—Section 

22 1801(e)(4) of the SAFETEA–LU (23 U.S.C. 129 note; 

23 Public Law 109–59) is amended by striking subparagraph 

24 (D) and inserting the following: 


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

2 made available for each fiscal year to carry out 

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

4 to maintain the database.’’. 

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

6 title 23, United States Code, is amended— 

7 (1) in the first sentence of paragraph (2) by in8 serting ‘‘, or on a public transit ferry eligible under 

9 chapter 53 of title 49’’ after ‘‘Interstate System’’; 

10 (2) in paragraph (3)— 

11 (A) by striking ‘‘(3) Such ferry’’ and in12 serting ‘‘(3)(A) Such ferry’’; and 

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

14 ‘‘(B) Such Federal participation shall not in15 volve the construction or purchase, for private own16 ership, a ferry boat, ferry terminal facility, or other 

17 eligible project under this section.’’; and 

18 (3) by striking paragraph (6) and inserting the 

19 following: 

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

21 accordance with section 116, and no ferry boat or 

22 ferry terminal with such Federal participation may 

23 be sold, leased, or otherwise disposed of, except in 

24 accordance with part 18 of title 49, Code of Federal 

25 Regulations (including successor regulations). The 


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1 Federal share of any proceeds from such a disposi2 tion shall be used for eligible purposes under this 

3 title.’’. 

4 SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

5 Section 148(a)(4)(B) of title 23, United States Code, 

6 is amended— 

7 (1) in the matter preceding clause (i), by strik8 ing ‘‘, but is not limited to,’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(xxv) An infrastructure safety 

11 project not described in clauses (i) through 

12 (xxiv).’’. 

13 SEC. 1113. DATA COLLECTION ON UNPAVED ROADS. 

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

15 amended by adding at the end the following: 

16 ‘‘(k) STATE OPTION TO EXTEND PERIOD FOR COL17 LECTION OF DATA REGARDING UNPAVED PUBLIC

18 ROADS.—A State is hereby authorized, at the discretion 

19 of the State, to complete collection of fundamental data 

20 elements for the model inventory of roadway elements on 

21 public roads that are gravel roads or otherwise unpaved, 

22 by up to 5 years after the deadline otherwise established 

23 by the Secretary, at no penalty, if— 

24 ‘‘(1) the State notifies the Secretary of the in25 tent of the State to exercise the option; and 


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1 ‘‘(2) after the deadline otherwise established by 

2 the Secretary and until the State completes a collec3 tion of the required model inventory of roadway ele4 ments data for any unpaved public road, the State 

5 does not undertake a project under this section on 

6 that road.’’. 

7 SEC. 1114. CONGESTION MITIGATION AND AIR QUALITY IM8 PROVEMENT PROGRAM. 

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

10 amended— 

11 (1) in subsection (b)— 

12 (A) in paragraph (1)(A)(i)(I) by inserting 

13 ‘‘in the designated nonattainment area’’ before 

14 the semicolon; 

15 (B) in paragraph (3) by inserting ‘‘or 

16 maintenance’’ after ‘‘attainment’’; and 

17 (C) in paragraph (4) by striking ‘‘is likely 

18 to contribute to the attainment of a national 

19 ambient air quality standard’’ and inserting ‘‘is 

20 likely to contribute to the area’s attainment or 

21 maintenance of a national ambient air quality 

22 standard’’; 

23 (2) in subsection (d)— 

24 (A) in paragraph (2)(A) in the matter pre25 ceding clause (i) by inserting ‘‘would otherwise 


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1 be eligible under subsection (b) if the project 

2 were carried out in a nonattainment or mainte3 nance area or’’ before ‘‘is eligible under’’; and 

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

5 manner consistent with the approach that was 

6 in effect on the day before the date of enact7 ment of MAP–21,’’ after ‘‘the Secretary shall 

8 modify’’; and 

9 (3) in subsection (g)(3)— 

10 (A) by striking ‘‘States and metropolitan’’ 

11 and inserting the following: 

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

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

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

16 maximum extent practicable, PM2.5 priority 

17 funding shall be utilized on the most cost-effec18 tive projects and programs that are proven to 

19 reduce directly emitted fine particulate mat20 ter.’’. 

21 SEC. 1115. HIGHWAY SAFETY IMPROVEMENT PROGRAM 

22 PERFORMANCE MEASURE. 

23 Section 150(c)(4)(B) of title 23, United States Code, 

24 is amended by inserting ‘‘for both motorized and non25 motorized transportation’’ before the period at the end. 


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1 SEC. 1116. NATIONAL FREIGHT PROGRAM. 

2 Section 167 of title 23, United States Code, is 

3 amended to read as follows: 

4 ‘‘§ 167. National freight program 

5 ‘‘(a) POLICY.—It is the policy of the United States 

6 to improve the condition and performance of the national 

7 freight network to ensure that the national freight net8 work provides the foundation for the United States to 

9 compete in the global economy and achieve each goal de10 scribed in subsection (b). 

11 ‘‘(b) GOALS.—The goals of the national freight pro12 gram are— 

13 ‘‘(1) to invest in infrastructure improvements 

14 and to implement operational improvements on our 

15 Nation’s highways that— 

16 ‘‘(A) strengthen the contribution of the na17 tional freight network to the economic competi18 tiveness of the United States; 

19 ‘‘(B) reduce congestion and relieve bottle20 necks in the freight transportation system; 

21 ‘‘(C) reduce the cost of freight transpor22 tation; 

23 ‘‘(D) improve the reliability of freight 

24 transportation; and 


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1 ‘‘(E) increase productivity, particularly for 

2 domestic industries and businesses that create 

3 high-value jobs; 

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

5 and resiliency of freight transportation in rural and 

6 urban areas; 

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

8 national freight network; 

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

10 safety and efficiency of the national freight network; 

11 ‘‘(5) to incorporate concepts of performance, in12 novation, competition, and accountability into the 

13 operation and maintenance of the national freight 

14 network; 

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

16 of the national freight network; and 

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

18 freight. 

19 ‘‘(c) ESTABLISHMENT OF A NATIONAL HIGHWAY

20 FREIGHT NETWORK.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall estab22 lish a national highway freight network in accord23 ance with this section to assist States in strategically 

24 directing resources toward improved system perform25 ance for efficient movement of freight on highways. 


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

2 highway freight network shall consist of— 

3 ‘‘(A) the primary highway freight network, 

4 as designated by the Secretary under subsection 

5 (d) (referred to in this section as the ‘primary 

6 highway freight network’) as most critical to 

7 the movement of freight; 

8 ‘‘(B) the portions of the Interstate System 

9 not designated as part of the primary highway 

10 freight network; 

11 ‘‘(C) critical rural freight corridors estab12 lished under subsection (e); 

13 ‘‘(D) critical urban freight corridors estab14 lished under subsection (f); and 

15 ‘‘(E) National Highway System intermodal 

16 connectors. 

17 ‘‘(d) DESIGNATION OF PRIMARY HIGHWAY FREIGHT

18 NETWORK.— 

19 ‘‘(1) INITIAL DESIGNATION OF PRIMARY HIGH20 WAY FREIGHT NETWORK.— 

21 ‘‘(A) DESIGNATION.—Not later than 1 

22 year after the date of enactment of the MAP– 

23 21 Reauthorization Act, subject to paragraph 

24 (2), the Secretary shall designate a primary 

25 highway freight network— 


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1 ‘‘(i) based on an inventory of national 

2 freight volume conducted by the Adminis3 trator of the Federal Highway Administra4 tion, in consultation with stakeholders, in5 cluding system users, transport providers, 

6 metropolitan planning organizations, and 

7 States; and 

8 ‘‘(ii) that shall be comprised of not 

9 more than 27,000 centerline miles of exist10 ing roadways that are most critical to the 

11 movement of freight. 

12 ‘‘(B) FACTORS FOR DESIGNATION.—In 

13 designating the primary highway freight net14 work, the Secretary shall consider— 

15 ‘‘(i) the origins and destinations of 

16 freight movement in, to, and from the 

17 United States; 

18 ‘‘(ii) the total freight tonnage and 

19 value of freight moved via highways; 

20 ‘‘(iii) the percentage of annual aver21 age daily truck traffic in the annual aver22 age daily traffic on principal arterials; 

23 ‘‘(iv) the annual average daily truck 

24 traffic on principal arterials; 

25 ‘‘(v) land and maritime ports of entry; 


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1 ‘‘(vi) access to energy exploration, de2 velopment, installation, or production 

3 areas; 

4 ‘‘(vii) the significance of goods move5 ment, including consideration of points of 

6 origin, destination, and linking components 

7 of the global and domestic supply chains; 

8 ‘‘(viii) proximity of access to other 

9 freight intermodal facilities, including rail, 

10 air, water, and pipelines; 

11 ‘‘(ix) population centers; 

12 ‘‘(x) significant freight bottlenecks, as 

13 identified by the Administrator of the Fed14 eral Highway Administration; and 

15 ‘‘(xi) network connectivity. 

16 ‘‘(2) ADDITIONAL MILES ON PRIMARY HIGHWAY

17 FREIGHT NETWORK.—In addition to the miles ini18 tially designated under paragraph (1)— 

19 ‘‘(A) the Secretary may increase the num20 ber of miles designated as part of the primary 

21 highway freight network by not more than 

22 3,000 additional centerline miles of roadways 

23 (which may include existing or planned roads) 

24 critical to the future efficient movement of 


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1 goods on the primary highway freight network; 

2 and 

3 ‘‘(B) each State may increase the number 

4 of miles designated as part of the primary high5 way freight network in that State by not more 

6 than 10 percent of the miles designated in that 

7 State under paragraph (1) if the additional 

8 miles— 

9 ‘‘(i) close gaps between primary high10 way freight network segments; 

11 ‘‘(ii) establish first- and last-mile con12 nections of the primary highway freight 

13 network critical to the efficient movement 

14 of goods, including ports, international 

15 border crossings, airports, intermodal fa16 cilities, railyards, logistics centers, ware17 houses, and agricultural facilities; or 

18 ‘‘(iii) designate critical emerging 

19 freight routes. 

20 ‘‘(3) STATE FLEXIBILITY FOR DESIGNATION OF

21 MILES ON THE PRIMARY HIGHWAY FREIGHT NET22 WORK.—Each State that increases the number of 

23 miles on the primary highway freight network under 

24 paragraph (2) shall— 


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1 ‘‘(A) consider nominations for such addi2 tional miles from metropolitan planning organi3 zations within the State; 

4 ‘‘(B) ensure that the additional miles are 

5 consistent with the freight plan of the State; 

6 ‘‘(C) review the primary highway freight 

7 network of the State designated under para8 graphs (1) and (2) and redesignate miles in a 

9 manner that is consistent with paragraph (4); 

10 and 

11 ‘‘(D) submit to the Secretary a list of the 

12 additional miles added under this subsection. 

13 ‘‘(4) REDESIGNATION OF PRIMARY HIGHWAY

14 FREIGHT NETWORK.— 

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

16 that is 5 years after the designation of the pri17 mary highway freight network and every 5 

18 years thereafter, using the designation factors 

19 described in paragraph (1), the Secretary shall 

20 redesignate the primary highway freight net21 work (including any additional mileage added to 

22 the primary highway freight network under 

23 paragraph (2) as of the date on which the re24 designation process is initiated). 


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1 ‘‘(B) CONSIDERATIONS.—In redesignating 

2 the primary highway freight network, to the 

3 maximum extent practicable, the Secretary shall 

4 rely on measurable data to assess the signifi5 cance of goods movement, including consider6 ation of points of origin, destination, and link7 ing components of the United States global and 

8 domestic supply chains. 

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

10 State may designate a road within the borders of the State 

11 as a critical rural freight corridor if the road— 

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

13 has a minimum of 25 percent of the annual average 

14 daily traffic of the road measured in passenger vehi15 cle equivalent units from trucks (FHWA vehicle 

16 class 8 to 13); 

17 ‘‘(2) provides access to energy exploration, de18 velopment, installation, or production areas; 

19 ‘‘(3) connects the primary highway freight net20 work, a roadway described in paragraph (1) or (2), 

21 or Interstate System to facilities that handle more 

22 than— 

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

24 year; or 


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1 ‘‘(B) 500,000 tons per year of bulk com2 modities; 

3 ‘‘(4) provides access to— 

4 ‘‘(A) a grain elevator or other regionally 

5 significant agricultural facility; or 

6 ‘‘(B) an intermodal transfer facility; 

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

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

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

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

11 to improving the efficient movement of freight of im12 portance to the economy of the State. 

13 ‘‘(f) CRITICAL URBAN FREIGHT CORRIDORS.—A 

14 State, or a city or a metropolitan planning organization 

15 in coordination with the State, may designate a road with16 in the borders of the State as a critical urban freight cor17 ridor if the road— 

18 ‘‘(1) connects an intermodal facility to— 

19 ‘‘(A) the primary highway freight network; 

20 ‘‘(B) the Interstate system; or 

21 ‘‘(C) an intermodal facility; 

22 ‘‘(2) is located within a corridor of a route on 

23 the primary highway freight network and provides 

24 alternative highway options important to goods 

25 movement; 


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1 ‘‘(3) serves a major freight generator, logistic 

2 center, or manufacturing and warehouse industrial 

3 land; or 

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

5 within the region, as determined by the State, city, 

6 or metropolitan planning organization. 

7 ‘‘(g) NATIONAL FREIGHT STRATEGIC PLAN.— 

8 ‘‘(1) INITIAL DEVELOPMENT OF NATIONAL

9 FREIGHT STRATEGIC PLAN.—Not later than 3 years 

10 after the date of enactment of the MAP–21 Reau11 thorization Act, the Secretary shall, in consultation 

12 with State departments of transportation, metropoli13 tan planning organizations, and other appropriate 

14 public and private transportation stakeholders, de15 velop and post on the public website of the Depart16 ment of Transportation a national freight strategic 

17 plan that includes— 

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

19 performance of the national freight network; 

20 ‘‘(B) an identification of highway bottle21 necks on the national freight network that cre22 ate significant freight congestion problems, 

23 based on a quantitative methodology developed 

24 by the Secretary, which shall, at a minimum, 

25 include— 


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1 ‘‘(i) information from the Freight 

2 Analysis Framework of the Federal High3 way Administration; and 

4 ‘‘(ii) to the maximum extent prac5 ticable, an estimate of the cost of address6 ing each bottleneck and any operational 

7 improvements that could be implemented; 

8 ‘‘(C) forecasts of freight volumes for the 

9 10- and 20-year period beginning in the year 

10 during which the plan is issued based on the 

11 most recent data available; 

12 ‘‘(D) an identification of major trade gate13 ways and national freight corridors that connect 

14 major population centers, trade gateways, and 

15 other major freight generators for current and 

16 forecasted traffic and freight volumes, the iden17 tification of which shall be revised, as appro18 priate, in subsequent plans; 

19 ‘‘(E) an assessment of statutory, regu20 latory, technological, institutional, financial, 

21 and other barriers to improved freight transpor22 tation performance (including opportunities for 

23 overcoming the barriers); 


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1 ‘‘(F) an identification of routes providing 

2 access to energy exploration, development, in3 stallation, or production areas; 

4 ‘‘(G) best practices for improving the per5 formance of the national freight network; 

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

7 of freight movement on communities; 

8 ‘‘(I) a process for addressing multistate 

9 projects and encouraging jurisdictions to col10 laborate; 

11 ‘‘(J) identification of locations or areas 

12 with high crash rates or congestion involving 

13 freight traffic, and strategies to address those 

14 issues; and 

15 ‘‘(K) strategies to improve freight inter16 modal connectivity. 

17 ‘‘(2) UPDATES TO NATIONAL FREIGHT STRA18 TEGIC PLAN.—Not later than 5 years after the date 

19 of completion of the first national freight strategic 

20 plan under paragraph (1), and every 5 years there21 after, the Secretary shall update and repost on the 

22 public website of the Department of Transportation 

23 a revised national freight strategic plan. 

24 ‘‘(h) HIGHWAY FREIGHT TRANSPORTATION CONDI25 TIONS AND PERFORMANCE REPORTS.—Not later than 2 


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1 years after the date of enactment of the MAP–21 Reau2 thorization Act and biennially thereafter, the Secretary 

3 shall prepare and submit to Congress a report that de4 scribes the conditions and performance of the national 

5 highway freight network in the United States. 

6 ‘‘(i) TRANSPORTATION INVESTMENT DATA AND

7 PLANNING TOOLS.— 

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

9 the date of enactment of the MAP–21 Reauthoriza10 tion Act, the Secretary shall— 

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

12 improve existing tools to support an outcome13 oriented, performance-based approach to evalu14 ate proposed freight-related and other transpor15 tation projects, including— 

16 ‘‘(i) methodologies for systematic 

17 analysis of benefits and costs on a national 

18 and regional basis; 

19 ‘‘(ii) tools for ensuring that the eval20 uation of freight-related and other trans21 portation projects could consider safety, 

22 economic competitiveness, environmental 

23 sustainability, and system condition in the 

24 project selection process; 


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1 ‘‘(iii) improved methods for data col2 lection and trend analysis; 

3 ‘‘(iv) encouraging public-private part4 nerships to carry out data sharing activi5 ties while maintaining the confidentiality of 

6 all proprietary data; and 

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

8 transportation planning; 

9 ‘‘(B) identify transportation-related model 

10 data elements to support a broad range of eval11 uation methods and techniques to assist in 

12 making transportation investment decisions; 

13 and 

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

15 other relevant Federal agencies, consider any 

16 improvements to existing freight flow data col17 lection efforts that could reduce identified 

18 freight data gaps and deficiencies and help im19 prove forecasts of freight transportation de20 mand. 

21 ‘‘(2) CONSULTATION.—The Secretary shall con22 sult with Federal, State, and other stakeholders to 

23 develop, improve, and implement the tools and col24 lect the data described in paragraph (1). 

25 ‘‘(j) USE OF APPORTIONED FUNDS.— 


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

2 funds apportioned to the State under section 

3 104(b)(6) to improve the movement of freight on the 

4 national highway freight network. 

5 ‘‘(2) PRIMARY HIGHWAY FREIGHT NETWORK

6 FUNDING.—For each fiscal year, of the funds appor7 tioned to a State under section 104(b)(6), the State 

8 shall obligate for projects on the primary highway 

9 freight network an amount that is not less than the 

10 proportion that— 

11 ‘‘(A) the total mileage in the State des12 ignated as primary highway freight network; 

13 bears to 

14 ‘‘(B) the sum of— 

15 ‘‘(i) the total mileage in the State des16 ignated as primary highway freight net17 work; and 

18 ‘‘(ii) the total mileage in the State on 

19 the Interstate system that is not des20 ignated as part of the primary highway 

21 freight network. 

22 ‘‘(3) FREIGHT PLANNING.—Notwithstanding 

23 any other provision of law, effective 2 years after the 

24 date of enactment of the MAP–21 Reauthorization 

25 Act, a State may not obligate funds apportioned to 


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1 the State under section 104(b)(6) unless the State 

2 has— 

3 ‘‘(A) established a freight advisory com4 mittee in accordance with section 1117 of 

5 MAP–21 (23 U.S.C. 167 note; 126 Stat. 472); 

6 and 

7 ‘‘(B) developed a freight plan in accord8 ance with section 1118 of MAP–21 (23 U.S.C. 

9 167 note; 126 Stat. 473). 

10 ‘‘(k) ELIGIBILITY.— 

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

12 subsection, for a project to be eligible for funding 

13 under this section, a State shall provide information 

14 to the Secretary describing the improvement made 

15 by the project to the efficient movement of freight 

16 on the national highway freight network and how 

17 the project is consistent with the freight investment 

18 plan included in the freight plan of the State. 

19 ‘‘(2) MULTIMODAL PROJECTS.—A State may 

20 obligate not more than 10 percent of the total ap21 portionment to the State under section 104(b)(6) for 

22 projects within the boundaries of public and private 

23 freight rail, maritime projects, and intermodal facili24 ties, but shall only include surface transportation in25 frastructure necessary to facilitate direct intermodal 


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1 interchange, transfer, and access into and out of the 

2 facility. 

3 ‘‘(3) ELIGIBLE PROJECTS.—Funds apportioned 

4 to the State under section 104(b)(6) for the national 

5 highway freight program may be obligated to carry 

6 out 1 or more of the following: 

7 ‘‘(A) Development phase activities, includ8 ing planning, feasibility analysis, revenue fore9 casting, environmental review, preliminary engi10 neering and design work, and other 

11 preconstruction activities. 

12 ‘‘(B) Construction, reconstruction, rehabili13 tation, acquisition of real property (including 

14 land relating to the project and improvements 

15 to land), construction contingencies, acquisition 

16 of equipment, and operational improvements di17 rectly relating to improving system perform18 ance. 

19 ‘‘(C) Intelligent transportation systems 

20 and other technology to improve the flow of 

21 freight. 

22 ‘‘(D) Efforts to reduce the environmental 

23 impacts of freight. 

24 ‘‘(E) Environmental and community miti25 gation of freight. 


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1 ‘‘(F) Railway-highway grade separation. 

2 ‘‘(G) Geometric improvements to inter3 changes and ramps. 

4 ‘‘(H) Truck-only lanes. 

5 ‘‘(I) Climbing and runaway truck lanes. 

6 ‘‘(J) Adding or widening of shoulders. 

7 ‘‘(K) Truck parking facilities eligible for 

8 funding under section 1401 of MAP–21 (23 

9 U.S.C. 137 note; Public Law 112–141). 

10 ‘‘(L) Real-time traffic, truck parking, 

11 roadway condition, and multimodal transpor12 tation information systems. 

13 ‘‘(M) Electronic screening and 

14 credentialing systems for vehicles, including 

15 weigh-in-motion truck inspection technologies. 

16 ‘‘(N) Traffic signal optimization including 

17 synchronized and adaptive signals. 

18 ‘‘(O) Work zone management and informa19 tion systems. 

20 ‘‘(P) Highway ramp metering. 

21 ‘‘(Q) Electronic cargo and border security 

22 technologies that improve truck freight move23 ment. 


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1 ‘‘(R) Intelligent transportation systems 

2 that would increase truck freight efficiencies in3 side the boundaries of intermodal facilities. 

4 ‘‘(S) Additional road capacity to address 

5 highway freight bottlenecks. 

6 ‘‘(T) A highway project, other than a 

7 project described in subparagraphs (A) through 

8 (S), to improve the flow of freight on the na9 tional highway freight network. 

10 ‘‘(U) Any other surface transportation 

11 project to improve the flow of freight into and 

12 out of a facility described in paragraph (2), 

13 subject to the limitation of that paragraph. 

14 ‘‘(4) OTHER ELIGIBLE COSTS.—In addition to 

15 the eligible projects identified in paragraph (3), a 

16 State may use funds apportioned under section 

17 104(b)(6) for— 

18 ‘‘(A) carrying out diesel retrofit or alter19 native fuel projects defined in section 149 for 

20 class 8 vehicles; and 

21 ‘‘(B) the necessary costs of— 

22 ‘‘(i) conducting analyses and data col23 lection; 


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1 ‘‘(ii) developing and updating per2 formance targets to carry out this section; 

3 and 

4 ‘‘(iii) reporting to the Secretary to 

5 comply with section 150. 

6 ‘‘(5) APPLICABILITY OF PLANNING REQUIRE7 MENTS.—Programming and expenditure of funds for 

8 projects under this section shall be consistent with 

9 the requirements of sections 134 and 135. 

10 ‘‘(l) STATE PERFORMANCE TARGETS.—If the Sec11 retary determines that a State has not met or made sig12 nificant progress toward meeting the performance targets 

13 of the State established under section 150(d) by the date 

14 that is 2 years after the date of the establishment of the 

15 performance targets, until the date on which the Secretary 

16 determines that the State has met (or has made signifi17 cant progress towards meeting) the State performance 

18 targets, the State shall submit to the Secretary, on a bien19 nial basis, a freight performance improvement plan that 

20 includes— 

21 ‘‘(1) an identification of significant freight sys22 tem trends, needs, and issues within the State; 

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

24 strategies that will guide the freight-related trans25 portation investments of the State; 


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

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

3 State is allocating funds to improve those bottle4 necks; and 

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

6 undertake to meet the performance targets of the 

7 State. 

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

9 than 2 years after the date of enactment of this sub10 section, the Secretary shall submit to Congress— 

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

12 State freight plans under section 1118 of MAP–21 

13 (23 U.S.C. 167 note; Public Law 112–141); and 

14 ‘‘(2) an evaluation of multimodal freight 

15 projects included in the State freight plans, or other16 wise identified by States, that are unable to be fund17 ed under this section due to the limitation under 

18 subsection (k)(2).’’. 

19 SEC. 1117. STATE FREIGHT ADVISORY COMMITTEES. 

20 Section 1117(a) of MAP–21 (23 U.S.C. 167 note; 

21 Public Law 112–141) is amended— 

22 (1) by striking ‘‘The Secretary shall encourage 

23 each State to establish’’ and inserting ‘‘Each State 

24 shall establish’’; and 


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1 (2) by striking ‘‘representatives of’’ and insert2 ing ‘‘all modes of freight transportation active in the 

3 State, including airports, highways, rail,’’. 

4 SEC. 1118. STATE FREIGHT PLANS. 

5 Section 1118 of MAP–21 (23 U.S.C. 167 note; Public 

6 Law 112–141) is amended— 

7 (1) in subsection (a) by striking ‘‘The Secretary 

8 shall encourage each State to develop a’’ and insert9 ing ‘‘Each State shall develop a’’; 

10 (2) in subsection (b)— 

11 (A) in paragraph (5) by striking ‘‘and’’ at 

12 the end; 

13 (B) in paragraph (6) by striking the period 

14 at the end and inserting a semicolon; and 

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

16 ‘‘(7) consideration of any significant congestion 

17 or delay caused by freight movements and any strat18 egies to mitigate that congestion or delay; and 

19 ‘‘(8) a freight investment plan that includes a 

20 list of priority projects and describes how funds 

21 made available under section 167 of title 23, United 

22 States Code, would be invested and matched.’’; and 

23 (3) by striking subsection (c) and inserting the 

24 following: 

25 ‘‘(c) RELATIONSHIP TO LONG-RANGE PLAN.— 


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1 ‘‘(1) INCORPORATION.—A freight plan de2 scribed in subsection (a) may be developed sepa3 rately from or incorporated into the statewide stra4 tegic long-range transportation plan required by sec5 tion 135 of title 23, United States Code. 

6 ‘‘(2) FISCAL CONSTRAINT.—The priority freight 

7 investment plan component of a freight plan shall 

8 include a project, or an identified phase of a project, 

9 only if funding for completion of the project can rea10 sonably be anticipated to be available for the project 

11 within the time period identified in the freight in12 vestment plan. 

13 ‘‘(d) PLANNING PERIOD.—The freight plan shall ad14 dress a 10-year forecast period. 

15 ‘‘(e) UPDATES.— 

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

17 freight plan not less frequently than once every 5 

18 years. 

19 ‘‘(2) FREIGHT INVESTMENT PLAN.—A State 

20 may update the freight investment plan more fre21 quently than required under paragraph (1).’’. 


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1 SEC. 1119. PROJECTS OF NATIONAL OR REGIONAL SIGNIFI2 CANCE. 

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

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 171. Projects of national or regional significance 

7 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 

8 shall establish a program in accordance with this section 

9 to provide grants for projects that will have a significant 

10 impact on a region or the Nation. 

11 ‘‘(b) PURPOSE OF PROGRAM.—The purpose of the 

12 projects of national or regional significance program shall 

13 be to assist in funding critical high-cost surface transpor14 tation infrastructure projects that are difficult to complete 

15 with existing Federal, State, local, and private funds and 

16 that will provide 1 or more of the following benefits: 

17 ‘‘(1) Generate national or regional economic 

18 benefits and increase the global economic competi19 tiveness of the United States. 

20 ‘‘(2) Reduce congestion and the impacts of con21 gestion. 

22 ‘‘(3) Improve roadways vital to national energy 

23 security. 

24 ‘‘(4) Improve the efficiency, reliability, and af25 fordability of the movement of freight. 

26 ‘‘(5) Improve transportation safety. 


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1 ‘‘(6) Improve existing and designated future 

2 Interstate System routes. 

3 ‘‘(7) Improve the movement of people through 

4 improving rural connectivity and metropolitan acces5 sibility. 

6 ‘‘(c) DEFINITIONS.—In this section, the following 

7 definitions apply: 

8 ‘‘(1) ELIGIBLE APPLICANT.—The term ‘eligible 

9 applicant’ means— 

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

11 ‘‘(B) a local government; 

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

13 of tribal governments); 

14 ‘‘(D) a transit agency; 

15 ‘‘(E) a public authority; 

16 ‘‘(F) a port authority; 

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

18 local government; or 

19 ‘‘(H) a multistate or multijurisdictional 

20 group of entities described in subparagraphs 

21 (A) through (G). 

22 ‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible 

23 project’ means a surface transportation project or a 

24 program of integrated surface transportation 


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1 projects closely related in the function the projects 

2 perform that— 

3 ‘‘(A) is a capital project that is eligible for 

4 Federal financial assistance under— 

5 ‘‘(i) this title; or 

6 ‘‘(ii) chapter 53 of title 49; and 

7 ‘‘(B) has eligible project costs that are rea8 sonably anticipated to equal or exceed the lesser 

9 of— 

10 ‘‘(i) $350,000,000; and 

11 ‘‘(ii)(I) for a project located in a sin12 gle State, 30 percent of the amount of 

13 Federal-aid highway funds apportioned to 

14 the State for the most recently completed 

15 fiscal year; 

16 ‘‘(II) for a project located in a single 

17 rural State with a population density of 50 

18 or fewer persons per square mile based on 

19 the most recent decennial census, 15 per20 cent of the amount of Federal-aid highway 

21 funds apportioned to the State for the 

22 most recently completed fiscal year; or 

23 ‘‘(III) for a project located in more 

24 than 1 State, 75 percent of the amount of 

25 Federal-aid highway funds apportioned to 


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1 the participating State that has the largest 

2 apportionment for the most recently com3 pleted fiscal year. 

4 ‘‘(3) ELIGIBLE PROJECT COSTS.—The term ‘eli5 gible project costs’ means the costs of— 

6 ‘‘(A) development phase activities, includ7 ing planning, feasibility analysis, revenue fore8 casting, environmental review, preliminary engi9 neering and design work, and other 

10 preconstruction activities; 

11 ‘‘(B) construction, reconstruction, rehabili12 tation, and acquisition of real property (includ13 ing land related to the project and improve14 ments to land), environmental mitigation, con15 struction contingencies, acquisition of equip16 ment directly related to improving system per17 formance, and operational improvements; and 

18 ‘‘(C) the subsidy amount (as defined in 

19 section 601(a)) and administrative costs of 

20 projects eligible for credit assistance under 

21 chapter 6, if the Secretary determines that the 

22 unobligated balances of amounts made available 

23 to carry out the TIFIA program (as defined in 

24 section 601(a)) are insufficient to meet the 


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1 needs of the TIFIA program for that fiscal 

2 year. 

3 ‘‘(4) RURAL AREA.—The term ‘rural area’ 

4 means an area that is outside of an urbanized area 

5 with a population greater than 150,000 individuals, 

6 as determined by the Bureau of the Census. 

7 ‘‘(5) RURAL STATE.—The term ‘rural State’ 

8 means a State that has a population density of 50 

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

10 recent decennial census. 

11 ‘‘(d) SOLICITATIONS AND APPLICATIONS.— 

12 ‘‘(1) GRANT SOLICITATIONS.—The Secretary 

13 shall conduct a transparent and competitive national 

14 solicitation process to select eligible projects for 

15 funding under this section. 

16 ‘‘(2) APPLICATIONS.— 

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

18 seeking a grant under this section shall submit 

19 to the Secretary an application in such form, at 

20 such time, and containing such information as 

21 the Secretary determines necessary. 

22 ‘‘(B) CONTENTS.—Each application sub23 mitted under this paragraph shall include data 

24 on the most recent system performance and es25 timated system improvements that will result 


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1 from completion of the eligible project, includ2 ing projections for improvements 5, 10, and 20 

3 years after completion of the project. 

4 ‘‘(C) RESUBMISSION OF APPLICATIONS.— 

5 An eligible applicant whose project is not se6 lected by the Secretary for funding under this 

7 section may resubmit an application in a subse8 quent solicitation. 

9 ‘‘(e) CRITERIA FOR PROJECT EVALUATION AND SE10 LECTION.— 

11 ‘‘(1) IN GENERAL.—The Secretary may select a 

12 project for funding under this section only if the 

13 Secretary determines that the project— 

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

15 described in section 150(b); 

16 ‘‘(B) will significantly improve the per17 formance of the national surface transportation 

18 network, nationally or regionally; 

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

20 engineering; 

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

22 statewide transportation plan; 

23 ‘‘(E) cannot be readily and efficiently com24 pleted without Federal financial assistance; 


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

2 project to achieve 1 or more of the following: 

3 ‘‘(i) Generate national economic bene4 fits that reasonably exceed the costs of the 

5 project. 

6 ‘‘(ii) Reduce long-term congestion, in7 cluding impacts on a national, regional, 

8 and statewide basis. 

9 ‘‘(iii) Increase the speed, reliability, 

10 and accessibility of the movement of people 

11 or freight. 

12 ‘‘(iv) Improve transportation safety, 

13 including reducing transportation accident 

14 and serious injuries and fatalities; and 

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

16 of non-Federal funding, including evidence of 

17 stable and dependable financing to construct, 

18 maintain, and operate the infrastructure facil19 ity. 

20 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In evalu21 ating a project under this section, in addition to the 

22 criteria described in paragraph (1), the Secretary 

23 shall consider the extent to which the project— 

24 ‘‘(A) leverages Federal investment by en25 couraging non-Federal contributions to the 


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1 project, including contributions from public-pri2 vate partnerships; 

3 ‘‘(B) is able to begin construction within 

4 18 months of being selected; 

5 ‘‘(C) incorporates innovative project deliv6 ery and financing where practical; 

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 Secretary shall take meas20 ures 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.—The amount of a grant 

2 under this section shall not exceed $50,000,000. 

3 ‘‘(2) RURAL PROJECTS.—Not less than 20 per4 cent of the amounts made available for a fiscal year 

5 under this section shall be for eligible projects lo6 cated in rural areas or in rural States. 

7 ‘‘(3) RESERVATION OF FUNDS.—The Secretary 

8 shall reserve for projects eligible to receive grant as9 sistance under this title (other than projects other10 wise eligible under chapter 53 of title 49 or de11 scribed in section 167(k)(2)) not less than 80 per12 cent of the amount made available for a fiscal year 

13 to carry out this section. 

14 ‘‘(4) STATE CAP.—Not more than 20 percent of 

15 the funds made available for a fiscal year to carry 

16 out this section may be awarded to projects in a sin17 gle State. 

18 ‘‘(h) GRANT REQUIREMENTS.— 

19 ‘‘(1) APPLICABILITY OF PLANNING REQUIRE20 MENTS.—The programming and expenditure of 

21 funds for projects under this section shall be con22 sistent with the requirements of sections 134 and 

23 135. 

24 ‘‘(2) DETERMINATION OF APPLICABLE MODAL

25 REQUIREMENTS.—If an eligible project that receives 


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1 a grant under this section has a crossmodal compo2 nent, the Secretary— 

3 ‘‘(A) shall determine the predominant 

4 modal component of the project; and 

5 ‘‘(B) may apply the applicable require6 ments of that predominant modal component to 

7 the project. 

8 ‘‘(i) REPORT TO THE SECRETARY.—For each project 

9 funded under this section, the project sponsor shall reas10 sess system performance and submit to the Secretary a 

11 report not later than 5, 10, and 20 years after completion 

12 of the project to assess whether the project outcomes have 

13 met preconstruction projections. 

14 ‘‘(j) NOTIFICATION AND REPORTS.— 

15 ‘‘(1) CONGRESSIONAL NOTIFICATION, AP16 PROVAL, AND DISCLOSURE.— 

17 ‘‘(A) NOTIFICATION.—At least 30 days be18 fore notifying an applicant of selection of a 

19 project for funding under this section, the Sec20 retary shall notify, in writing, the Committee on 

21 Environment and Public Works of the Senate 

22 and the Committee on Transportation and In23 frastructure of the House of Representatives of 

24 the proposed selection along with a description 


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1 of the reasons for selecting the project, based 

2 on the criteria described in subsection (e). 

3 ‘‘(B) CONGRESSIONAL APPROVAL.—The 

4 Secretary may not make any obligation or com5 mitment to fund a project under this section if 

6 Congress enacts a joint resolution disapproving 

7 funding for the project before the last day of 

8 the 30-day period described in subparagraph 

9 (A). 

10 ‘‘(C) PUBLIC REPORT.—The Secretary 

11 shall make available on the website of the De12 partment at the end of each fiscal year an an13 nual report that lists each project that has re14 ceived assistance under this section during that 

15 fiscal year. 

16 ‘‘(2) COMPTROLLER GENERAL.— 

17 ‘‘(A) ASSESSMENT.—The Comptroller Gen18 eral of the United States shall conduct an as19 sessment of the establishment, solicitation, se20 lection, and justification process with respect to 

21 the funding of projects under this section. 

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

23 after the initial awarding of funding under this 

24 section, the Comptroller General of the United 

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1 ronment and Public Works of the Senate and 

2 the Committee on Transportation and Infra3 structure of the House of Representatives a re4 port that describes— 

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

6 was selected; 

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

8 of each project; and 

9 ‘‘(iii) the justification for the selection 

10 of each project based on the criteria de11 scribed in subsection (e). 

12 ‘‘(3) INSPECTOR GENERAL.— 

13 ‘‘(A) ASSESSMENT.—The Inspector Gen14 eral of the Department shall conduct an assess15 ment of the establishment, solicitation, selec16 tion, and justification process with respect to 

17 the funding of projects under this section. 

18 ‘‘(B) INITIAL REPORT.—Not later than 2 

19 years after the initial awarding of funding 

20 under this section, the Inspector General of the 

21 Department shall submit to the Committee on 

22 Environment and Public Works of the Senate 

23 and the Committee on Transportation and In24 frastructure of the House of Representatives a 


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1 report that describes the initial results of the 

2 assessment conducted under subparagraph (A). 

3 ‘‘(C) FINAL REPORT.—Not later than 4 

4 years after the initial awarding of funding 

5 under this section, the Inspector General of the 

6 Department shall submit to the Committee on 

7 Environment and Public Works of the Senate 

8 and the Committee on Transportation and In9 frastructure of the House of Representatives a 

10 final report that describes the findings of the 

11 Inspector General of the Department with re12 spect to the assessment conducted under sub13 paragraph (A).’’. 

14 (b) CONFORMING AMENDMENT.—The analysis for 

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

16 adding at the end the following: 

‘‘171. Projects of national or regional significance.’’. 

17 SEC. 1120. TRANSPORTATION ALTERNATIVES. 

18 Section 213 of title 23, United States Code, is 

19 amended— 

20 (1) in subsection (a)(1) by striking ‘‘of fiscal 

21 years 2013 and 2014’’ and inserting ‘‘fiscal year’’; 

22 (2) in subsection (c)— 

23 (A) in paragraph (1)— 

24 (i) in subparagraph (A) by striking 

25 ‘‘50’’ and inserting ‘‘66.67’’; and 


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1 (ii) in subparagraph (B)— 

2 (I) by striking ‘‘50’’ and insert3 ing ‘‘33.33’’; and 

4 (II) by inserting ‘‘to any eligible 

5 entity’’ after ‘‘obligated’’; and 

6 (B) in paragraph (4)(B)— 

7 (i) in clause (vi) by striking ‘‘and’’; 

8 (ii) by redesignating clause (vii) as 

9 clause (viii); and 

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

11 following: 

12 ‘‘(vii) a nonprofit entity responsible 

13 for the administration of local transpor14 tation safety programs; and’’; and 

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

16 ‘‘(h) ANNUAL REPORTS.—Each State or metropoli17 tan planning organization responsible for carrying out the 

18 requirements under this section shall submit to the Sec19 retary an annual report describing— 

20 ‘‘(1) the number of project applications received 

21 for each fiscal year, including— 

22 ‘‘(A) the estimated cost of each project for 

23 which an application is received; 

24 ‘‘(B) the aggregate value of the projects 

25 for which applications are received; 


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1 ‘‘(C) for each project, the proposed cost 

2 share of the project sponsor; and 

3 ‘‘(D) for each project, identification of the 

4 type of project to be carried out, as described 

5 in subsection (b); and 

6 ‘‘(2) the number of projects selected for funding 

7 for each fiscal year, including— 

8 ‘‘(A) the cost of each selected project; 

9 ‘‘(B) the cost share for each selected 

10 project; 

11 ‘‘(C) the type of each selected project, as 

12 described in subsection (b); and 

13 ‘‘(D) the aggregate value of projects se14 lected. 

15 ‘‘(i) EXPEDITING INFRASTRUCTURE PROJECTS.— 

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

17 the date of enactment of this subsection, the Sec18 retary shall develop regulations or guidance relating 

19 to the implementation of this section that encour20 ages the use of the programmatic approaches to en21 vironmental reviews, expedited procurement tech22 niques, and other best practices to facilitate produc23 tive and timely expenditure for projects that are 

24 small, low-impact, and constructed within an exist25 ing built environment. 


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

2 work with State departments of transportation to 

3 ensure that any regulation or guidance developed 

4 under paragraph (1) is consistently implemented by 

5 States and the Federal Highway Administration to 

6 avoid unnecessary delays in implementing projects 

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

8 SEC. 1121. ASSESSING POLICY AND SYSTEM FINANCING AL9 TERNATIVES. 

10 Section 503(b) of title 23, United States Code, is 

11 amended by inserting at the end the following: 

12 ‘‘(9) ASSESSING POLICY AND SYSTEM FINANC13 ING ALTERNATIVES.— 

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

15 carry out a research and innovation program to 

16 explore alternative transportation revenue 

17 mechanisms that preserve a user fee structure 

18 to maintain the long-term solvency of the High19 way Trust Fund. 

20 ‘‘(B) OBJECTIVES.—In carrying out this 

21 paragraph, the Secretary shall carry out re22 search and development activities— 

23 ‘‘(i) to direct a coordinated research 

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1 ceptance, and implementation of 3 or more 

2 future sustainable alternative transpor3 tation revenue mechanisms; 

4 ‘‘(ii) to define the functionality of 3 or 

5 more user-based alternative revenue mech6 anisms; 

7 ‘‘(iii) to conduct or promote research 

8 activities to demonstrate and test such 

9 user-based alternative revenue mecha10 nisms, including field trials, by partnering 

11 with individual States, groups of States, or 

12 other appropriate entities to conduct such 

13 research; 

14 ‘‘(iv) to conduct outreach to increase 

15 public awareness regarding the need for al16 ternative funding sources for surface trans17 portation programs and provide informa18 tion on possible approaches; 

19 ‘‘(v) to provide recommendations re20 garding adoption and implementation of 

21 such user-based alternative revenue mecha22 nisms; and 

23 ‘‘(vi) to reduce the administrative cost 

24 of any potential alternative revenue mecha25 nisms. 


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1 ‘‘(C) CONTENTS.—Research and tech2 nology activities carried out under this para3 graph may include partnering with and pro4 viding grant funding to individual States, 

5 groups of States, or other appropriate entities 

6 to conduct research that addresses— 

7 ‘‘(i) the implementation, interoper8 ability, public acceptance, and other poten9 tial hurdles to the adoption of an alter10 native revenue mechanism; 

11 ‘‘(ii) the protection of personal pri12 vacy; 

13 ‘‘(iii) the utilization of independent 

14 and private third-party vendors to collect 

15 fees and operate the alternative revenue 

16 mechanism; 

17 ‘‘(iv) equity concerns, including the 

18 impacts of the alternative revenue mecha19 nism on differing income groups, various 

20 geographic areas, and the relative burdens 

21 on rural and urban drivers; 

22 ‘‘(v) ease of compliance for different 

23 users of the transportation system; 


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1 ‘‘(vi) the reliability of technology used 

2 to implement the alternative revenue mech3 anism; 

4 ‘‘(vii) the flexibility and choices with 

5 alternative revenue mechanisms, including 

6 the ability of users to select from various 

7 technology and payment options; 

8 ‘‘(viii) the cost of administering the 

9 alternative revenue mechanism; and 

10 ‘‘(ix) the ability of the administering 

11 entity to audit and enforce user compli12 ance. 

13 ‘‘(D) ADVISORY COUNCIL.— 

14 ‘‘(i) IN GENERAL.—Not later than 1 

15 year after the date of enactment of this 

16 paragraph, the Secretary, in consultation 

17 with the Secretary of the Treasury, shall 

18 establish and lead a Surface Transpor19 tation Revenue Alternatives Advisory 

20 Council (hereinafter referred to as ‘the 

21 Council’) to inform the selection and eval22 uation of alternative revenue mechanisms. 

23 ‘‘(ii) MEMBERSHIP.— 

24 ‘‘(I) IN GENERAL.—The members 

25 of the Council shall— 


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1 ‘‘(aa) be appointed by the 

2 Secretary; and 

3 ‘‘(bb) include, at a min4 imum— 

5 ‘‘(AA) representation 

6 with experience in alter7 native revenue mechanisms 

8 from the Department of 

9 Transportation, the Depart10 ment of the Treasury, and 

11 not less than 2 State depart12 ments of transportation; 

13 ‘‘(BB) representation 

14 from applicable users of the 

15 surface transportation sys16 tem; and 

17 ‘‘(CC) are appropriate 

18 technology and public pri19 vacy experts. 

20 ‘‘(II) GEOGRAPHIC CONSIDER21 ATIONS.—The Secretary shall consider 

22 geographic diversity when selecting 

23 members under this clause. 

24 ‘‘(iii) FUNCTIONS.—Not later than 1 

25 year after the date on which the Council is 


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1 established, the Council shall, at a min2 imum— 

3 ‘‘(I) define the functionality of 3 

4 or more alternative revenue mecha5 nisms; 

6 ‘‘(II) identify technological, ad7 ministrative, institutional, privacy, 

8 and other issues that are— 

9 ‘‘(aa) associated with the al10 ternative revenue mechanisms; 

11 and 

12 ‘‘(bb) may be researched 

13 through research activities; 

14 ‘‘(III) conduct public outreach to 

15 identify and assess questions and con16 cerns about the alternative revenue 

17 mechanisms for future evaluation 

18 through research activities; 

19 ‘‘(IV) provide recommendations 

20 to the Secretary on the process and 

21 criteria used for selecting research ac22 tivities under subparagraph (C); and 

23 ‘‘(V) conduct periodic evaluations 

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1 ceived assistance under this para2 graph from the Secretary. 

3 ‘‘(E) BIENNIAL REPORTS.—Not later than 

4 2 years after the date of enactment of this 

5 paragraph, and every 2 years thereafter until 

6 the completion of the research activities, the 

7 Secretary shall submit to the Secretary of the 

8 Treasury, the Committee on Finance and the 

9 Committee on Environment and Public Works 

10 of the Senate, and the Committee on Ways and 

11 Means and the Committee on Transportation 

12 and Infrastructure of the House of Representa13 tives a report with findings on the progress of 

14 the research activities. 

15 ‘‘(F) FINAL REPORT.—On the completion 

16 of the research activities, the Secretary and the 

17 Secretary of the Treasury shall submit to the 

18 Committee on Finance and the Committee on 

19 Environment and Public Works of the Senate 

20 and the Committee on Ways and Means and 

21 the Committee on Transportation and Infra22 structure of the House of Representatives a re23 port that includes the findings and any rec24 ommendations. 

25 ‘‘(G) FUNDING.— 


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1 ‘‘(i) IN GENERAL.—Of the amounts 

2 made available for administrative expenses 

3 under section 104(a), not less than 4 per4 cent shall be used to carry out this para5 graph. 

6 ‘‘(ii) USER-BASED ALTERNATIVE REV7 ENUE MECHANISMS.—Of the amounts 

8 made available to carry out this paragraph, 

9 not more than 40 percent shall be used to 

10 carry out 1 of the user-based alternative 

11 revenue mechanisms.’’. 

12 SEC. 1122. CONSOLIDATION OF PROGRAMS. 

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

14 126 Stat. 574) is amended in the matter preceding para15 graph (1) by striking ‘‘fiscal years 2013 and 2014’’ and 

16 inserting ‘‘fiscal years 2013 through 2020’’. 

17 SEC. 1123. STATE FLEXIBILITY FOR NATIONAL HIGHWAY 

18 SYSTEM MODIFICATIONS. 

19 (a) NATIONAL HIGHWAY SYSTEM FLEXIBILITY.— 

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

21 Act, the Secretary shall issue guidance relating to working 

22 with State departments of transportation that request as23 sistance from the division offices of the Federal Highway 

24 Administration— 


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1 (1) to review roads classified as principal arte2 rials within the State that were added to the Na3 tional Highway System as of October 1, 2012, in 

4 order to comply with section 103 of title 23, United 

5 States Code; and 

6 (2) to identify any functional classification 

7 changes needed to rural and urban principal arte8 rials. 

9 (b) ADMINISTRATIVE ACTIONS.—The Secretary shall 

10 direct each division office of the Federal Highway Admin11 istration to work with the applicable State departments 

12 of transportation that have requested assistance under 

13 this section— 

14 (1) to assist in the review of roads pursuant to 

15 the guidance issued under subsection (a); 

16 (2) to expeditiously review and facilitate re17 quests from States to reclassify roads classified as 

18 principal arterials; and 

19 (3) to work with States that request that cer20 tain roads be withdrawn from the National Highway 

21 System in a manner consistent with section 

22 103(b)(3)(B) of title 23, United States Code, to 

23 carry out that withdrawal if the inclusion of that 

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1 sistent with the needs and priorities of the commu2 nity or region through which the road exists. 

3 (c) NHS MODIFICATION REGULATIONS.—The Sec4 retary shall— 

5 (1) review the National Highway System modi6 fication process described in appendix D of part 470 

7 of title 23, Code of Federal Regulations (or suc8 cessor regulations); and 

9 (2) take any actions necessary to ensure that a 

10 process exists for a State to submit a request to the 

11 Secretary to modify the National Highway System 

12 by withdrawing a road from the National Highway 

13 System. 

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

15 after the date of enactment of this Act, and annually 

16 thereafter, the Secretary shall submit to the Committee 

17 on Environment and Public Works of the Senate and the 

18 Committee on Transportation and Infrastructure of the 

19 House of Representatives a report that includes a descrip20 tion of— 

21 (1) each request for reclassification of National 

22 Highway System roads; 

23 (2) the status of each request; and 

24 (3) if applicable, the justification for the denial 

25 of the request by the Secretary. 


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1 (e) MODIFICATIONS TO NHS.—Section 103(b)(3)(A) 

2 of title 23, United States Code, is amended— 

3 (1) in the matter preceding clause (i) by insert4 ing ‘‘or the withdrawal of a road from that system’’ 

5 after ‘‘intermodal terminal’’; and 

6 (2) in clause (ii)— 

7 (A) by striking ‘‘(ii) enhances’’ and insert8 ing ‘‘(ii)(I) enhances’’; 

9 (B) by striking period at the end and in10 serting ‘‘; or’’; and 

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

12 ‘‘(II) in the case of the withdrawal of 

13 a road, is reasonable and appropriate.’’. 

14 SEC. 1124. DEPARTMENT OF TRANSPORTATION PERFORM15 ANCE MEASURES. 

16 (a) PERFORMANCE MEASURES.—Not later than 1 

17 year after the date of enactment of this Act, the Secretary, 

18 in coordination with other Federal agencies with responsi19 bility for the review and approval of projects funded under 

20 title 23, United States Code, shall establish a program to 

21 measure and report on— 

22 (1) the progress made toward aligning Federal 

23 reviews of projects funded under title 23, United 

24 States Code, and the improvement of project delivery 

25 associated with those projects; and 


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1 (2) as applicable, the effectiveness of the De2 partment in achieving the goals described in section 

3 150(b) of title 23, United States Code, through dis4 cretionary programs. 

5 (b) REPORT.—Not later than 2 years after the date 

6 of enactment of this Act, and biennially thereafter, the 

7 Secretary shall submit to the Committee on Environment 

8 and Public Works of the Senate and the Committee on 

9 Transportation and Infrastructure of the House of Rep10 resentatives a report describing the outcome of the evalua11 tion under subsection (a). 

12 (c) INSPECTOR GENERAL REPORT.—Not later than 

13 3 years after the date of enactment of this Act, the Inspec14 tor General of the Department of Transportation shall 

15 submit to the Committee on Environment and Public 

16 Works of the Senate and the Committee on Transpor17 tation and Infrastructure of the House of Representatives 

18 a report describing the outcome of the evaluation under 

19 subsection (a). 

20 SEC. 1125. AMERICAN TRANSPORTATION AWARDS. 

21 (a) DEFINITIONS.—In this section, the following defi22 nitions apply: 

23 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti24 ty’’ includes— 

25 (A) a State; 


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1 (B) a tribal organization (as defined in 

2 section 4 of the Indian Self-Determination and 

3 Education Assistance Act (25 U.S.C. 450b)); 

4 and 

5 (C) a metropolitan planning organization. 

6 (2) STATE.—The term ‘‘State’’ means— 

7 (A) a State; 

8 (B) the District of Columbia; 

9 (C) the Commonwealth of Puerto Rico; 

10 and 

11 (D) any other territory or possession of the 

12 United States. 

13 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

14 shall establish a competitive grant program to support 

15 best practices that promote progress, innovation, and effi16 ciency for surface transportation programs within State 

17 departments of transportation and metropolitan planning 

18 organizations. 

19 (c) PURPOSE OF PROGRAM.—The purpose of the pro20 gram shall be to reward entities for the implementation 

21 of policies and procedures that— 

22 (1) support a performance-based transportation 

23 program; 


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1 (2) improve efficiency of and reduce the cost 

2 and time to construct surface transportation 

3 projects; 

4 (3) enhance connectivity and accessibility to 

5 move people and goods; and 

6 (4) adopt practices that improve the safety of 

7 and extend the service life of highways and bridges. 

8 (d) APPLICATION.— 

9 (1) IN GENERAL.—An eligible entity may sub10 mit to the Secretary an application for a grant 

11 under this section. 

12 (2) CONTENTS.—The application— 

13 (A) shall indicate how the eligible entity 

14 has achieved 1 or more of the purposes listed 

15 in subsection (c); and 

16 (B) may include information regarding 

17 how the eligible entity has adopted or imple18 mented 1 or more best practices that meet 

19 those purposes, including by— 

20 (i) demonstrating fiscal responsibility 

21 by delivering Federal highway projects 

22 under budget or ahead of schedule; 

23 (ii) establishing and making strong 

24 progress towards achieving performance 


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1 targets pursuant to section 150(d) of title 

2 23, United States Code; 

3 (iii) utilizing innovative management 

4 techniques and practices that enhance the 

5 effective movement of people, goods, and 

6 services; 

7 (iv) increasing transportation effi8 ciency; 

9 (v) improving safety, accessibility, and 

10 aiding traffic management; 

11 (vi) extending the service life of high12 ways and bridges; 

13 (vii) integrating transportation invest14 ment decisions with a planning process 

15 that takes into account economic develop16 ment; 

17 (viii) adopting laws, policies, rules, 

18 and regulations or committing resources 

19 for practices that have been demonstrated 

20 to reduce transportation-related fatalities 

21 and injuries; 

22 (ix) reducing project delivery times; 

23 and 

24 (x) delivering transportation projects 

25 that improve accessibility while providing 


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1 effective and efficient transportation op2 tions, as appropriate for the community. 

3 (e) EVALUATION CRITERIA.—In awarding a grant 

4 under this section, the Secretary shall consider the extent 

5 to which the application— 

6 (1) demonstrates performance in implementing 

7 the best practices listed in subsection (d)(2)(B); 

8 (2) promotes the national goals described in 

9 section 150(b) of title 23, United States Code; and 

10 (3) highlights how the eligible entity has effi11 ciently utilized Federal transportation funding to 

12 maintain and improve Federal highways within the 

13 respective jurisdiction of the eligible entity. 

14 (f) ELIGIBLE ACTIVITIES.—Amounts made available 

15 to carry out this section shall be used for capital or plan16 ning expenses for projects eligible for funding under title 

17 23, United States Code, or chapter 53 of title 49, United 

18 States Code. 

19 (g) LIMITATION.—The amount of a grant under this 

20 section shall be not more than $10,000,000. 

21 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $125,000,000 for each of fiscal years 2016 through 2020, 

24 to remain available until expended. 


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1 (i) APPLICABILITY OF REQUIREMENTS.—Amounts 

2 made available under this section shall be administered as 

3 if such funds were apportioned under chapter 1 of title 

4 23, United States Code. 

5 Subtitle B—Highway Trust Fund 

6 Transparency and Accountability 

7 SEC. 1201. HIGHWAY TRUST FUND TRANSPARENCY AND AC8 COUNTABILITY. 

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

10 States Code, is amended by striking subsection (g) and 

11 inserting the following: 

12 ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND

13 ACCOUNTABILITY.— 

14 ‘‘(1) DATA COLLECTION.—Not later than 180 

15 days after the end of each fiscal year, the Secretary 

16 shall compile and make available in a user-friendly 

17 manner on the public website of the Department of 

18 Transportation data on the amounts made available 

19 under this title for that fiscal year. 

20 ‘‘(2) REQUIREMENTS.—In carrying out para21 graph (1), the Secretary shall ensure that the data 

22 made available on the public website of the Depart23 ment of Transportation— 

24 ‘‘(A) is updated regularly to reflect the 

25 most recent status of obligations, expenditures, 


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1 and Federal-aid projects, to the maximum ex2 tent practicable; 

3 ‘‘(B) can be searched and downloaded by 

4 users of the website; 

5 ‘‘(C) is organized by State and, to the 

6 maximum extent practicable, project; 

7 ‘‘(D) categorizes the project as— 

8 ‘‘(i) a pavement widening project; 

9 ‘‘(ii) a pavement improvement project; 

10 ‘‘(iii) a new road construction project; 

11 ‘‘(iv) a new bridge construction 

12 project; 

13 ‘‘(v) a bridge improvement project; or 

14 ‘‘(vi) a bridge replacement project; 

15 ‘‘(E) identifies the location of project, in16 cluding whether the project is located in an ur17 banized or rural area; 

18 ‘‘(F) identifies the 1 or more programs 

19 from which the amounts were obligated; and 

20 ‘‘(G) includes comprehensive data, orga21 nized by fiscal year, that includes— 

22 ‘‘(i) the total amount obligated, orga23 nized by State, during the preceding fiscal 

24 year; 


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1 ‘‘(ii) the balance, as of September 30 

2 of the preceding fiscal year, of the unobli3 gated apportionment under this section, or4 ganized by State and fiscal year; 

5 ‘‘(iii) the balance of the unobligated 

6 amounts available for expenditure at the 

7 discretion of the Secretary under this 

8 chapter for the fiscal year; 

9 ‘‘(iv) the amount obligated for each 

10 Federal-aid highway program during the 

11 preceding fiscal year; 

12 ‘‘(v) the percentage of the total 

13 amount of obligations for the preceding fis14 cal year under each Federal-aid highway 

15 program that is from the Highway Trust 

16 Fund; 

17 ‘‘(vi) the percentage of the total 

18 amount of obligations for the preceding fis19 cal year made from the Highway Account 

20 of the Highway Trust Fund used for con21 struction and rehabilitation; 

22 ‘‘(vii) the rate of obligation of the 

23 amounts apportioned or set aside under 

24 this section, organized by— 

25 ‘‘(I) program; 


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1 ‘‘(II) funding category or sub2 category; 

3 ‘‘(III) type of improvement; 

4 ‘‘(IV) State; and 

5 ‘‘(V) sub-State geographical area, 

6 including urbanized and rural areas, 

7 on the basis of the population of each 

8 such area; and 

9 ‘‘(viii) the average cost and time asso10 ciated with preparing the environmental 

11 review documents required for projects 

12 that received funding from the Highway 

13 Account of the Highway Trust Fund dur14 ing the preceding fiscal year that require— 

15 ‘‘(I) a categorical exclusion; 

16 ‘‘(II) an environmental assess17 ment; or 

18 ‘‘(III) an environmental impact 

19 statement.’’. 

20 (b) CONFORMING AMENDMENT.—Section 1503 of 

21 MAP–21 (23 U.S.C. 104 note; Public Law 112–141) is 

22 amended by striking subsection (c). 


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1 SEC. 1202. REPORT ON HIGHWAY TRUST FUND ADMINIS2 TRATIVE EXPENDITURES. 

3 (a) INITIAL REPORT.—Not later than 150 days after 

4 the date of enactment of this Act, the Comptroller General 

5 of the United States shall submit to Congress a report 

6 describing the administrative expenses of the Federal 

7 Highway Administration funded from the Highway Trust 

8 Fund during the 3 most recently completed fiscal years. 

9 (b) UPDATES.—Not later than 5 years after the date 

10 on which the report is submitted under subsection (a) and 

11 every 5 years thereafter, the Comptroller General of the 

12 United States shall submit to Congress a report that up13 dates the information provided in the report under that 

14 subsection for the applicable 5-year period. 

15 (c) INCLUSIONS.—A report submitted under sub16 section (a) or (b) shall include a description of— 

17 (1) the types of administrative expenses in pro18 grams and offices funded by the Highway Trust 

19 Fund; 

20 (2) how administrative expenses are tracked 

21 and monitored; 

22 (3) what controls are in place to ensure that 

23 funding for administrative expenses are being used 

24 as efficiently as practicable; and 

25 (4) what flexibility the Department of Trans26 portation has to reallocate amounts from the HighVerDate Mar 15 2010 01:54 May 15, 2014 Jkt 039200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S2322.IS S2322

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1 way Trust Fund between full-time equivalent em2 ployees and other functions. 

3 Subtitle C—Acceleration of Project 

4 Delivery 

5 SEC. 1301. CATEGORICAL EXCLUSION FOR PROJECTS OF 

6 LIMITED FEDERAL ASSISTANCE. 

7 Section 1317(1) of MAP–21 (23 U.S.C. 109 note; 

8 Public Law 112–141) is amended— 

9 (1) in subparagraph (A) by inserting ‘‘(as ad10 justed each fiscal year to reflect changes for the 12- 

11 month period ending the preceding November 30 in 

12 the National Highway Construction Cost Index)’’ 

13 after ‘‘$5,000,000’’; and 

14 (2) in subparagraph (B) by inserting ‘‘(as ad15 justed each fiscal year to reflect changes for the 12- 

16 month period ending the preceding November 30 in 

17 the National Highway Construction Cost Index)’’ 

18 after ‘‘$30,000,000’’. 

19 SEC. 1302. PROGRAMMATIC AGREEMENT TEMPLATE. 

20 Section 1318 of MAP–21 (23 U.S.C. 109 note; Public 

21 Law 112–141) is amended by adding at the end the fol22 lowing: 

23 ‘‘(e) PROGRAMMATIC AGREEMENT TEMPLATE.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall develop 

25 a template programmatic agreement described in 


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1 subsection (d) that provides for efficient and ade2 quate procedures for evaluating Federal actions de3 scribed in section 771.117(c) of title 23, Code of 

4 Federal Regulations (as in effect on the date of en5 actment of this subsection). 

6 ‘‘(2) USE OF TEMPLATE.—The Secretary— 

7 ‘‘(A) on receipt of a request from the Gov8 ernor of a State, shall use the template pro9 grammatic agreement developed under para10 graph (1) in carrying out this section; and 

11 ‘‘(B) on consent of the applicable State, 

12 may modify the template as necessary to ad13 dress the unique needs and characteristics of 

14 the State. 

15 ‘‘(3) OUTCOME MEASUREMENTS.—The Sec16 retary shall establish a method to verify that actions 

17 described in section 771.117(c) of title 23, Code of 

18 Federal Regulations (as in effect on the date of en19 actment of this subsection), are evaluated and docu20 mented in a consistent manner by the Governor of 

21 any State that uses the template programmatic 

22 agreement under this subsection.’’. 


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1 SEC. 1303. SATISFACTION OF REQUIREMENTS FOR CER2 TAIN HISTORIC SITES. 

3 (a) TITLE 23 AMENDMENT.—Section 138 of title 23, 

4 United States Code, is amended by adding at the end the 

5 following: 

6 ‘‘(c) SATISFACTION OF REQUIREMENTS FOR CER7 TAIN HISTORIC SITES.— 

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

9 ‘‘(A) align, to the maximum extent prac10 ticable, the requirements of this section with 

11 the requirements of— 

12 ‘‘(i) the National Environmental Pol13 icy Act of 1969 (42 U.S.C. 4231 et seq.) 

14 and the regulations promulgated pursuant 

15 to that Act; and 

16 ‘‘(ii) section 106 of the National His17 toric Preservation Act (16 U.S.C. 470f) 

18 and the regulations promulgated pursuant 

19 to that section; and 

20 ‘‘(B) coordinate with the Secretary of the 

21 Interior and the Executive Director of the Advi22 sory Council on Historic Preservation to estab23 lish procedures that will satisfy the require24 ments of the provisions of law (including regu25 lations) referred to in subparagraph (A) by not 


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1 later than 90 days after the date of enactment 

2 of this subsection. 

3 ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 

4 ‘‘(A) IN GENERAL.—If, in an analysis re5 quired under the National Environmental Pol6 icy Act of 1969 (42 U.S.C. 4231 et seq.), the 

7 Secretary determines that no feasible or pru8 dent alternative exists to avoid use of a historic 

9 site, the Secretary may— 

10 ‘‘(i) include that determination in the 

11 analysis; 

12 ‘‘(ii) provide a notice of the deter13 mination to— 

14 ‘‘(I) each applicable State his15 toric preservation officer and tribal 

16 historic preservation officer; 

17 ‘‘(II) the Executive Director of 

18 the Advisory Council on Historic 

19 Preservation (if the Council is partici20 pating in a relevant consultation proc21 ess under section 106 of the National 

22 Historic Preservation Act (16 U.S.C. 

23 470f)); and 

24 ‘‘(III) the Secretary of the Inte25 rior; and 


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1 ‘‘(iii) request from each individual de2 scribed in clause (ii) a concurrence that 

3 the determination is sufficient to satisfy 

4 the requirement of subsection (a)(1). 

5 ‘‘(B) ACTION ON CONCURRENCE.—If each 

6 individual described in subparagraph (A)(ii) 

7 provides a concurrence requested under sub8 paragraph (A)(iii), no further analysis under 

9 subsection (a)(1) shall be required. 

10 ‘‘(C) PUBLICATION.—A notice of a deter11 mination, together with each relevant concur12 rence to that determination, under subpara13 graph (A) shall be— 

14 ‘‘(i) included in the record of decision 

15 or finding of no significant impact of the 

16 Secretary; and 

17 ‘‘(ii) posted on an appropriate Federal 

18 website by not later than 3 days after the 

19 date of receipt by the Secretary of all con20 currences requested under subparagraph 

21 (A)(iii). 

22 ‘‘(3) ALIGNING HISTORICAL REVIEWS.— 

23 ‘‘(A) IN GENERAL.—If the Secretary and 

24 the individuals described in paragraph 

25 (2)(A)(ii) concur that no feasible and prudent 


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1 alternative exists as described in paragraph (2), 

2 the Secretary may provide to each individual 

3 described in paragraph (2)(A)(ii) a notice of the 

4 intent of the Secretary to satisfy the require5 ments of subsection (a)(2) through the con6 sultation requirements of section 106 of the 

7 National Historic Preservation Act (16 U.S.C. 

8 470f). 

9 ‘‘(B) SATISFACTION OF CONDITIONS.—To 

10 satisfy the requirements of subsection (a)(2), 

11 each individual described in paragraph 

12 (2)(A)(ii) shall concur in the treatment of the 

13 applicable historic site described in the memo14 randum of agreement or programmatic agree15 ment developed under section 106 of the Na16 tional Historic Preservation Act (16 U.S.C. 

17 470f).’’. 

18 (b) TITLE 49 AMENDMENT.—Section 303 of title 49, 

19 United States Code, is amended— 

20 (1) in subsection (c), in the matter preceding 

21 paragraph (1), by striking ‘‘subsection (d)’’ and in22 serting ‘‘subsections (d) and (e)’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(e) SATISFACTION OF REQUIREMENTS FOR CER25 TAIN HISTORIC SITES.— 


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

2 ‘‘(A) align, to the maximum extent prac3 ticable, the requirements of this section with 

4 the requirements of— 

5 ‘‘(i) the National Environmental Pol6 icy Act of 1969 (42 U.S.C. 4231 et seq.) 

7 and the regulations promulgated pursuant 

8 to that Act; and 

9 ‘‘(ii) section 106 of the National His10 toric Preservation Act (16 U.S.C. 470f) 

11 and the regulations promulgated pursuant 

12 to that section; and 

13 ‘‘(B) coordinate with the Secretary of the 

14 Interior and the Executive Director of the Advi15 sory Council on Historic Preservation to estab16 lish procedures that will satisfy the require17 ments of the provisions of law (including regu18 lations) referred to in subparagraph (A) by not 

19 later than 90 days after the date of enactment 

20 of this subsection. 

21 ‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 

22 ‘‘(A) IN GENERAL.—If, in an analysis re23 quired under the National Environmental Pol24 icy Act of 1969 (42 U.S.C. 4231 et seq.), the 

25 Secretary determines that no feasible or pruVerDate Mar 15 2010 01:54 May 15, 2014 Jkt 039200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S2322.IS S2322

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1 dent alternative exists to avoid use of a historic 

2 site, the Secretary may— 

3 ‘‘(i) include that determination in the 

4 analysis; 

5 ‘‘(ii) provide a notice of the deter6 mination to— 

7 ‘‘(I) each applicable State his8 toric preservation officer and tribal 

9 historic preservation officer; 

10 ‘‘(II) the Executive Director of 

11 the Advisory Council on Historic 

12 Preservation (if the Council is partici13 pating in a relevant consultation proc14 ess under section 106 of the National 

15 Historic Preservation Act (16 U.S.C. 

16 470f)); and 

17 ‘‘(III) the Secretary of the Inte18 rior; and 

19 ‘‘(iii) request from each individual de20 scribed in clause (ii) a concurrence that 

21 the determination is sufficient to satisfy 

22 the requirement of subsection (c)(1). 

23 ‘‘(B) ACTION ON CONCURRENCE.—If each 

24 individual described in subparagraph (A)(ii) 

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1 paragraph (A)(iii), no further analysis under 

2 subsection (c)(1) shall be required. 

3 ‘‘(C) PUBLICATION.—A notice of a deter4 mination, together with each relevant concur5 rence to that determination, under subpara6 graph (A) shall be— 

7 ‘‘(i) included in the record of decision 

8 or finding of no significant impact of the 

9 Secretary; and 

10 ‘‘(ii) posted on an appropriate Federal 

11 website by not later than 3 days after the 

12 date of receipt by the Secretary of all con13 currences requested under subparagraph 

14 (A)(iii). 

15 ‘‘(3) ALIGNING HISTORICAL REVIEWS.— 

16 ‘‘(A) IN GENERAL.—If the Secretary and 

17 the individuals described in paragraph 

18 (2)(A)(ii) concur that no feasible and prudent 

19 alternative exists as described in paragraph (2), 

20 the Secretary may provide to each individual 

21 described in paragraph (2)(A)(ii) a notice of the 

22 intent of the Secretary to satisfy the require23 ments of subsection (c)(2) through the con24 sultation requirements of section 106 of the 


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1 National Historic Preservation Act (16 U.S.C. 

2 470f). 

3 ‘‘(B) SATISFACTION OF CONDITIONS.—To 

4 satisfy the requirements of subsection (c)(2), 

5 each individual described in paragraph 

6 (2)(A)(ii) shall concur in the treatment of the 

7 applicable historic site described in the memo8 randum of agreement or programmatic agree9 ment developed under section 106 of the Na10 tional Historic Preservation Act (16 U.S.C. 

11 470f).’’. 

12 SEC. 1304. INITIATION OF ENVIRONMENTAL REVIEW PROC13 ESS AND ELIMINATION OF DUPLICATIVE RE14 VIEWS. 

15 Section 139 of title 23, United States Code, is 

16 amended— 

17 (1) in subsection (e)— 

18 (A) in paragraph (1), by inserting ‘‘(in19 cluding any additional information that the 

20 project sponsor considers to be important to ini21 tiate the process for the proposed project)’’ 

22 after ‘‘location of the proposed project’’; and 

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

24 ‘‘(3) REVIEW OF APPLICATION.—Not later than 

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1 ceived by the Secretary under this subsection, the 

2 Secretary shall provide to the project sponsor a writ3 ten response that, as applicable— 

4 ‘‘(A) describes the determination of the 

5 Secretary— 

6 ‘‘(i) to initiate the environmental re7 view process, including a timeline and an 

8 expected date for the publication in the 

9 Federal Register of the relevant notice of 

10 intent; or 

11 ‘‘(ii) to decline the application, includ12 ing an explanation of the reasons for that 

13 decision; or 

14 ‘‘(B) requests additional information re15 garding, and provides to the project sponsor an 

16 accounting, regarding what is necessary to ini17 tiate the environmental review process.’’; and 

18 (2) in subsection (f)(4), by adding at the end 

19 the following: 

20 ‘‘(E) REDUCTION OF DUPLICATION.— 

21 ‘‘(i) IN GENERAL.—In carrying out 

22 this paragraph, the head of a Federal 

23 agency shall reduce duplication, to the 

24 maximum extent practicable, between— 


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1 ‘‘(I) the evaluation of alternatives 

2 under the National Environmental 

3 Policy Act of 1969 (42 U.S.C. 4321 

4 et seq.); and 

5 ‘‘(II) the evaluation of alter6 natives in the metropolitan transpor7 tation planning process or by a State 

8 transportation department or local 

9 transportation agency pursuant to 

10 State law relating to the environ11 mental review process. 

12 ‘‘(ii) CONSIDERATION OF ALTER13 NATIVES.—The head of a Federal agency 

14 may eliminate from detailed consideration 

15 an alternative proposed in an environ16 mental impact statement regarding a 

17 project if, as determined by the head of the 

18 Federal agency— 

19 ‘‘(I) the Federal lead agency pro20 vided to the State transportation de21 partment or local transportation agen22 cy guidance regarding analysis of al23 ternatives during the metropolitan 

24 transportation planning process, in25 cluding guidance on the requirements 


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1 under the National Environmental 

2 Policy Act of 1969 (42 U.S.C. 4321 

3 et seq.) and any other requirements of 

4 Federal law necessary for approval of 

5 the project; 

6 ‘‘(II) the applicable metropolitan 

7 planning process or State or local 

8 transportation agency environmental 

9 review process included an oppor10 tunity for public review and comment; 

11 ‘‘(III) the State transportation 

12 department or local transportation 

13 agency rejected the alternative after 

14 considering public comments; 

15 ‘‘(IV) the Federal lead agency 

16 independently reviewed the alternative 

17 evaluation approved by the State 

18 transportation department or local 

19 transportation agency; and 

20 ‘‘(V) the Federal lead agency, in 

21 consultation with any Federal agency 

22 with jurisdiction over a permit or ap23 proval required for a project, has de24 termined that the alternative to be 


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1 eliminated from consideration is not 

2 necessary for— 

3 ‘‘(aa) compliance with the 

4 National Environmental Policy 

5 Act of 1969 (42 U.S.C. 4321 et 

6 seq.); or 

7 ‘‘(bb) any permit or ap8 proval under any other Federal 

9 law.’’. 

10 SEC. 1305. ACCELERATED DECISIONMAKING IN ENVIRON11 MENTAL REVIEWS. 

12 (a) IN GENERAL.—Section 139 of title 23, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘(n) ACCELERATED DECISIONMAKING IN ENVIRON16 MENTAL REVIEWS.— 

17 ‘‘(1) IN GENERAL.—In preparing a final envi18 ronmental impact statement under the National En19 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

20 seq.), if the lead agency modifies the statement in 

21 response to comments that are minor and are con22 fined to factual corrections or explanations regarding 

23 why the comments do not warrant additional agency 

24 response, the lead agency may write on errata sheets 

25 attached to the statement instead of rewriting the 


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1 draft statement, subject to the conditions that the 

2 errata sheets shall— 

3 ‘‘(A) cite the sources, authorities, or rea4 sons that support the position of the lead agen5 cy; and 

6 ‘‘(B) if appropriate, indicate the cir7 cumstances that would trigger agency re8 appraisal or further response. 

9 ‘‘(2) INCORPORATION.—To the maximum ex10 tent practicable, the lead agency shall expeditiously 

11 develop a single document that consists of a final en12 vironmental impact statement and a record of deci13 sion, unless— 

14 ‘‘(A) the final environmental impact state15 ment makes substantial changes to the pro16 posed action that are relevant to environmental 

17 or safety concerns; or 

18 ‘‘(B) there are significant new cir19 cumstances or information relevant to environ20 mental concerns and that bear on the proposed 

21 action or the impacts of the proposed action.’’. 

22 (b) REPEAL.—Section 1319 of MAP–21 (42 U.S.C. 

23 4332a) is repealed. 


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1 SEC. 1306. INTEGRATION OF PLANNING AND ENVIRON2 MENTAL REVIEW. 

3 Section 168 of title 23, United States Code, is 

4 amended— 

5 (1) in subsection (c)(1)— 

6 (A) by redesignating subparagraphs (C) 

7 through (E) as subparagraphs (E) through (G), 

8 respectively; 

9 (B) in subparagraph (B), by inserting 

10 ‘‘general travel corridor or’’ before ‘‘modal 

11 choice’’; and 

12 (C) by inserting after subparagraph (B) 

13 the following: 

14 ‘‘(C) the purpose and the need for the pro15 posed action; 

16 ‘‘(D) preliminary screening of alternatives 

17 and elimination of unreasonable alternatives;’’; 

18 and 

19 (2) in subsection (d)— 

20 (A) in paragraph (9), by inserting ‘‘and is 

21 incorporated in accordance with the National 

22 Environmental Policy Act of 1969 (42 U.S.C. 

23 4321 et seq.) and section 1502.21 of title 40, 

24 Code of Federal Regulations (as in effect on the 

25 date of enactment of the MAP–21 Reauthoriza26 tion Act)’’ before the period at the end; and 


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

2 ‘‘(11) The planning product is sufficient to 

3 meet the requirements for a permit or approval 

4 under applicable Federal law.’’. 

5 SEC. 1307. USE OF PROGRAMMATIC AGREEMENT. 

6 Section 169(f) of title 23, United States Code, is 

7 amended— 

8 (1) by striking ‘‘may use’’ and inserting ‘‘shall 

9 give substantial weight to’’; and 

10 (2) by inserting ‘‘or other Federal environ11 mental law’’ before the period at the end. 

12 SEC. 1308. TECHNICAL ASSISTANCE FOR STATES. 

13 Section 326 of title 23, United States Code, is 

14 amended— 

15 (1) in subsection (c)— 

16 (A) by redesignating paragraphs (2) 

17 through (4) as paragraphs (3) through (5), re18 spectively; and 

19 (B) by inserting after paragraph (1) the 

20 following: 

21 ‘‘(2) ASSISTANCE TO STATES.—On request of a 

22 Governor of a State, the Secretary shall provide to 

23 the State technical assistance, training, or other 

24 support relating to— 


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1 ‘‘(A) assuming responsibility under sub2 section (a); 

3 ‘‘(B) developing a memorandum of under4 standing under this subsection; or 

5 ‘‘(C) addressing a responsibility in need of 

6 corrective action under subsection (d)(1)(B).’’; 

7 and 

8 (2) in subsection (d) by striking paragraph (1) 

9 and inserting the following: 

10 ‘‘(1) TERMINATION BY SECRETARY.—The Sec11 retary may terminate the participation of any State 

12 in the program if— 

13 ‘‘(A) the Secretary determines that the 

14 State is not adequately carrying out the respon15 sibilities assigned to the State; 

16 ‘‘(B) the Secretary provides to the State— 

17 ‘‘(i) a notification of the determina18 tion of noncompliance; 

19 ‘‘(ii) a period of not less than 120 

20 days to take such corrective action as the 

21 Secretary determines to be necessary to 

22 comply with the applicable agreement; and 

23 ‘‘(iii) on request of the Governor of 

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1 garding an inadequacy identified under 

2 subparagraph (A); and 

3 ‘‘(C) the State, after the notification and 

4 period provided under subparagraph (B), fails 

5 to take satisfactory corrective action, as deter6 mined by the Secretary.’’. 

7 SEC. 1309. IMPROVEMENT OF APPLICATION OF CATEGOR8 ICAL EXCLUSIONS FOR MULTIMODAL 

9 PROJECTS. 

10 Section 304 of title 49, United States Code, is 

11 amended as follows: 

12 (1) Subsection (a)(1) is amended— 

13 (A) by striking ‘‘operating authority’’ and 

14 inserting ‘‘operating administration or secre15 tarial office’’; 

16 (B) by inserting ‘‘has expertise but’’ before 

17 ‘‘is not the lead’’; and 

18 (C) by inserting ‘‘proposed multimodal’’ 

19 before ‘‘project’’. 

20 (2) Subsection (a)(2) is amended to read as fol21 lows: 

22 ‘‘(2) LEAD AUTHORITY.—The term ‘lead au23 thority’ means a Department of Transportation op24 erating administration or secretarial office that has 


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1 the lead responsibility for a proposed multimodal 

2 project.’’. 

3 (3) Subsection (a)(3) is amended by striking 

4 ‘‘has the meaning given the term in section 139(a) 

5 of title 23’’ and inserting ‘‘means an action by the 

6 Department of Transportation that involves exper7 tise of one or more Department of Transportation 

8 operating administrations or secretarial office’’. 

9 (4) Subsection (b) is amended by striking 

10 ‘‘under this title’’ and inserting ‘‘by the Secretary’’. 

11 (5) Subsection (c) is amended— 

12 (A) by striking ‘‘a categorical exclusion 

13 designated under the implementing regulations 

14 or’’ and inserting ‘‘categorical exclusions des15 ignated under the National Environmental Pol16 icy Act of 1969 (42 U.S.C. 4321 et seq.) imple17 menting’’; 

18 (B) by striking ‘‘other components of the’’ 

19 and inserting ‘‘a proposed multimodal’’; 

20 (C) by amending paragraphs (1) and (2) 

21 to read as follows: 

22 ‘‘(1) the lead authority makes a preliminary de23 termination on the applicability of a categorical ex24 clusion to a proposed multimodal project and notifies 


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1 the cooperating authority of its intent to apply the 

2 cooperating authority categorical exclusion; 

3 ‘‘(2) the cooperating authority does not object 

4 to the lead authority’s preliminary determination of 

5 its applicability;’’; 

6 (D) by amending paragraph (3) by insert7 ing ‘‘the lead authority determines that’’ at the 

8 beginning, and ‘‘proposed multimodal’’ before 

9 ‘‘project to be covered’’; and 

10 (E) by amending paragraph (4) to read as 

11 follows: 

12 ‘‘(4) the lead authority, with the concurrence of 

13 the cooperative authority— 

14 ‘‘(A) follows implementing regulations or 

15 procedures under the National Environmental 

16 Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

17 ‘‘(B) determines that the proposed 

18 multimodal project does not individually or cu19 mulatively have a significant impact on the en20 vironment; and 

21 ‘‘(C) determines that extraordinary cir22 cumstances do not exist that merit additional 

23 analysis and documentation in an environ24 mental impact statement or environmental as25 sessment required under the National EnvironVerDate Mar 15 2010 01:54 May 15, 2014 Jkt 039200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\S2322.IS S2322

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1 mental Policy Act of 1969 (42 U.S.C. 4321 et 

2 seq.); and’’. 

3 (6) Subsection (d) is amended to read as fol4 lows: 

5 ‘‘(d) COOPERATIVE AUTHORITY EXPERTISE.—A co6 operating authority shall provide expertise to the lead au7 thority on aspects of the multimodal project in which the 

8 cooperating authority has expertise.’’. 

9 TITLE II—TRANSPORTATION IN10 FRASTRUCTURE FINANCE 

11 AND INNOVATION ACT OF 

12 1998 AMENDMENTS 

13 SEC. 2001. 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) by striking paragraph (10) and inserting 

18 the following: 

19 ‘‘(10) MASTER CREDIT AGREEMENT.—The term 

20 ‘master credit agreement’ means an agreement to 

21 extend credit assistance for a program of related 

22 projects secured by a common security pledge (which 

23 shall receive an investment grade rating from a rat24 ing agency prior to the Secretary entering into such 


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1 master credit agreement), or for a single project cov2 ered under section 602(b)(2) that would— 

3 ‘‘(A) make contingent commitments of 1 or 

4 more secured loans or other Federal credit in5 struments at future dates, subject to— 

6 ‘‘(i) the availability of future funds 

7 being made available to carry out this 

8 chapter; and 

9 ‘‘(ii) the satisfaction of all of the con10 ditions for the provision of credit assist11 ance under this chapter, including section 

12 603(b)(1); 

13 ‘‘(B) establish the maximum amounts and 

14 general terms and conditions of the secured 

15 loans or other Federal credit instruments; 

16 ‘‘(C) identify the 1 or more dedicated non17 Federal revenue sources that will secure the re18 payment of the secured loans or secured Fed19 eral credit instruments; 

20 ‘‘(D) provide for the obligation of funds for 

21 the secured loans or secured Federal credit in22 struments after all requirements have been met 

23 for the projects subject to the master credit 

24 agreement, including— 


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1 ‘‘(i) completion of an environmental 

2 impact statement or similar analysis re3 quired under the National Environmental 

4 Policy Act of 1969 (42 U.S.C. 4321 et 

5 seq.); 

6 ‘‘(ii) compliance with such other re7 quirements as are specified in this chapter, 

8 including sections 602(c) and 603(b)(1); 

9 and 

10 ‘‘(iii) the availability of funds to carry 

11 out this chapter; and 

12 ‘‘(E) require that contingent commitments 

13 result in a financial close and obligation of 

14 credit assistance not later than 3 years after 

15 the date of entry into the master credit agree16 ment, or release of the commitment, unless oth17 erwise extended by the Secretary.’’; 

18 (2) in paragraph (12)— 

19 (A) in subparagraph (C) by striking ‘‘and’’ 

20 at the end; 

21 (B) in subparagraph (D)(iv) by striking 

22 the period at the end and inserting a semicolon; 

23 and 

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


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1 ‘‘(E) a project to improve or construct 

2 public infrastructure that is located within 

3 walking distance of, and accessible to, a fixed 

4 guideway transit facility, passenger rail station, 

5 intercity bus station, or intermodal facility, in6 cluding transportation, public utility, and cap7 ital projects described in section 5302(3)(G)(v) 

8 of title 49, and related infrastructure; and 

9 ‘‘(F) a project for the acquisition of plant 

10 and wildlife habitat pursuant to a conservation 

11 plan that— 

12 ‘‘(i) has been approved by the Sec13 retary of the Interior pursuant to section 

14 10 of the Endangered Species Act of 1973 

15 (16 U.S.C. 1539); and 

16 ‘‘(ii) in the judgment of the Secretary, 

17 would mitigate the environmental impacts 

18 of transportation infrastructure projects 

19 otherwise eligible for assistance under this 

20 chapter.’’; and 

21 (3) by striking paragraph (15) and inserting 

22 the following: 

23 ‘‘(15) RURAL INFRASTRUCTURE PROJECT.— 

24 The term ‘rural infrastructure project’ means a sur25 face infrastructure project located in an area that is 


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1 outside of an urbanized area with a population 

2 greater than 150,000 individuals, as determined by 

3 the Bureau of the Census.’’. 

4 (b) ELIGIBLE PROJECT COSTS.—Section 

5 602(a)(5)(B) of title 23, United States Code, is amend6 ed— 

7 (1) by striking ‘‘(B) INTELLIGENT TRANSPOR8 TATION SYSTEM PROJECTS.—In the case’’ and in9 serting the following: 

10 ‘‘(B) EXCEPTIONS.— 

11 ‘‘(i) INTELLIGENT TRANSPORTATION

12 SYSTEMS.—In the case’’; and 

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

14 ‘‘(ii) TRANSIT-ORIENTED DEVELOP15 MENT PROJECTS.—In the case of a project 

16 described in section 601(a)(12)(E), eligible 

17 project costs shall be reasonably antici18 pated to be equal to or exceed 

19 $10,000,000.’’. 

20 (c) MASTER CREDIT AGREEMENTS.—Section 602(b) 

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

22 paragraph (2) and inserting the following: 

23 ‘‘(2) MASTER CREDIT AGREEMENTS.— 

24 ‘‘(A) PROGRAM OF RELATED PROJECTS.— 

25 The Secretary may enter into a master credit 


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1 agreement for a program of related projects se2 cured by a common security pledge on terms 

3 acceptable to the Secretary. 

4 ‘‘(B) ADEQUATE FUNDING NOT AVAIL5 ABLE.—If the Secretary fully obligates funding 

6 to eligible projects in a fiscal year, and ade7 quate funding is not available to fund a credit 

8 instrument, a project sponsor of an eligible 

9 project may elect to enter into a master credit 

10 agreement and wait to execute a credit instru11 ment until the fiscal year during which addi12 tional funds are available to receive credit as13 sistance.’’. 

14 (d) PROGRAM ADMINISTRATION.—Section 605 of 

15 title 23, United States Code, is amended by adding at the 

16 end the following: 

17 ‘‘(f) ASSISTANCE TO SMALL PROJECTS.—The Sec18 retary shall use not less than $2,000,000 of administrative 

19 funding per year in lieu of fees collected under subsection 

20 (b) for projects under this chapter with a total project cost 

21 of less than $75,000,000.’’. 

22 (e) FUNDING.—Section 608(a)(6) of title 23, United 

23 States Code, is amended by striking ‘‘0.50’’ and inserting 

24 ‘‘0.75’’. 


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1 SEC. 2002. STATE INFRASTRUCTURE BANKS. 

2 Section 610 of title 23, United States Code, is 

3 amended— 

4 (1) in subsection (d)— 

5 (A) in paragraph (1) by striking subpara6 graph (A) and inserting the following: 

7 ‘‘(A) 10 percent of the funds apportioned 

8 to the State for each of fiscal years 2015 

9 through 2020 under each of sections 104(b)(1), 

10 104(b)(2), and 104(b)(6); and’’; 

11 (B) in paragraph (2) by striking ‘‘2005 

12 through 2009’’ and inserting ‘‘2015 through 

13 2020’’; 

14 (C) in paragraph (3), by striking ‘‘2005 

15 through 2009’’ and inserting ‘‘2015 through 

16 2020’’; and 

17 (D) in paragraph (5), by striking ‘‘section 

18 133(d)(3)’’ and inserting ‘‘section 133(d)(1)’’; 

19 and 

20 (2) in subsection (k), by striking ‘‘2005 through 

21 2009’’ and inserting ‘‘2015 through 2020’’. 

22 SEC. 2003. TIFIA LOANS FOR STATE INFRASTRUCTURE 

23 BANKS. 

24 (a) TIFIA LOANS.—Chapter 6 of title 23, United 

25 States Code, is amended by adding at the end the fol26 lowing: 


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1 ‘‘§ 611. TIFIA loans for State infrastructure banks 

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

3 definitions apply: 

4 ‘‘(1) LETTER OF INTEREST.—The term ‘letter 

5 of interest’ means a letter submitted by a potential 

6 State infrastructure bank applicant prior to an ap7 plication for credit assistance in a format prescribed 

8 by the Secretary on the website of the TIFIA pro9 gram that— 

10 ‘‘(A) outlines the proposed financial plan, 

11 including the requested credit assistance; and 

12 ‘‘(B) provides information regarding satis13 faction of other eligibility requirements of the 

14 TIFIA program. 

15 ‘‘(2) LIMITED BUYDOWN.—The term ‘limited 

16 buydown’ means a buydown of the interest rate by 

17 the obligor if the interest rate has increased be18 tween— 

19 ‘‘(A) the date on which an application ac20 ceptable to the Secretary is submitted; and 

21 ‘‘(B) the date on which the Secretary exe22 cutes the secured loan. 

23 ‘‘(3) OBLIGOR.—The term ‘obligor’ means a 

24 State infrastructure bank established under section 

25 610 that is primarily liable for payment of the prin26 cipal of or interest on a secured loan. 


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1 ‘‘(4) SECURED LOAN.—The term ‘secured loan’ 

2 means a direct loan or other debt obligation issued 

3 by an obligor and funded by the Secretary in connec4 tion with the capitalization or deposit into a State 

5 infrastructure bank established under section 610. 

6 ‘‘(5) SENIOR OBLIGATION.—Except as provided 

7 in subsection (i), the term ‘senior obligation’ means 

8 any note, bond, debenture, or other debt obligation 

9 issued by an obligor, other than a secured loan, that 

10 is secured by the dedicated revenue sources that also 

11 secure the secured loan and that is senior in right 

12 of payment to the secured loan. 

13 ‘‘(6) STATE INFRASTRUCTURE BANK OBLIGA14 TION.—The term ‘State infrastructure bank obliga15 tion’ means any note, bond, debenture, or other debt 

16 obligation issued by a State infrastructure bank, 

17 other than a secured loan, that is secured by the 

18 dedicated revenue sources that also secure the se19 cured loan. 

20 ‘‘(7) SUBSIDY AMOUNT.—The term ‘subsidy 

21 amount’ means the amount of budget authority suf22 ficient to cover the estimated long-term cost to the 

23 Federal Government of a secured loan— 

24 ‘‘(A) calculated on a net present value 

25 basis; and 


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1 ‘‘(B) excluding administrative costs and 

2 any incidental effects on governmental receipts 

3 or outlays in accordance with the Federal Cred4 it Reform Act of 1990 (2 U.S.C. 661 et seq.). 

5 ‘‘(b) ESTABLISHMENT.—The Secretary may set aside 

6 up to 10 percent of the funds made available to carry out 

7 the TIFIA program under this chapter (excluding the 

8 amount set aside under section 608(a)(3)) to provide cred9 it assistance for the capitalization of, or deposit into, a 

10 State infrastructure bank established under section 610. 

11 ‘‘(c) ELIGIBILITY.— 

12 ‘‘(1) LETTER OF INTEREST.—To apply for 

13 credit assistance under this section, a State infra14 structure bank shall submit a letter of interest prior 

15 to submission of a formal application for a secured 

16 loan. 

17 ‘‘(2) CREDITWORTHINESS.— 

18 ‘‘(A) IN GENERAL.—To be eligible for a se19 cured loan under this section, a State infra20 structure bank shall satisfy applicable credit21 worthiness standards, which, at a minimum, 

22 shall include— 

23 ‘‘(i) adequate coverage requirements 

24 to ensure repayment; 


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1 ‘‘(ii) an investment grade rating from 

2 at least 2 rating agencies on debt senior to 

3 the secured loan; and 

4 ‘‘(iii) a rating from at least 2 rating 

5 agencies on the secured loan, subject to the 

6 condition that, with respect to clause (ii), 

7 if the total amount of the senior debt and 

8 the secured loan is less than $75,000,000, 

9 1 rating agency opinion for each of the 

10 senior debt and secured loan shall be suffi11 cient. 

12 ‘‘(B) SENIOR DEBT.—Notwithstanding 

13 subparagraph (A), in a case in which the se14 cured loan is the senior debt of the State infra15 structure bank— 

16 ‘‘(i) if the secured loan is for an 

17 amount that equals or exceeds 

18 $75,000,000, the secured loan shall be re19 quired to receive an investment grade rat20 ing from at least 2 rating agencies; and 

21 ‘‘(ii) if the secured loan is for an 

22 amount less than $75,000,000, the secured 

23 loan shall be required to receive an invest24 ment grade rating from at least 1 rating 

25 agency. 


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1 ‘‘(3) DEDICATED REVENUE SOURCES.—The se2 cured loan shall be repayable from pledged revenues 

3 not affected by the performance of any loans made 

4 by the State infrastructure bank receiving the Fed5 eral credit assistance, such as a tax-backed revenue 

6 pledge. 

7 ‘‘(d) PRELIMINARY RATING OPINION LETTER.— 

8 After the submission of a letter of interest and prior to 

9 the submission of an application, upon request of the Sec10 retary, each State infrastructure bank seeking a secured 

11 loan under this section shall provide a preliminary rating 

12 opinion letter from at least 1 rating agency— 

13 ‘‘(1) indicating that the senior debt of the State 

14 infrastructure bank, which may be the secured loan, 

15 has the potential to achieve an investment-grade rat16 ing; and 

17 ‘‘(2) including a preliminary rating opinion on 

18 the secured loan. 

19 ‘‘(e) APPLICATION PROCESS.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall estab21 lish a rolling application process to carry out this 

22 section. 

23 ‘‘(2) SUBMISSION.—A State infrastructure bank 

24 seeking a secured loan under this section shall sub25 mit to the Secretary an application in such form, at 


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1 such time, and containing such information as the 

2 Secretary determines to be necessary. 

3 ‘‘(f) APPLICATION PROCESSING PROCEDURES.— 

4 ‘‘(1) NOTICE OF COMPLETE APPLICATION.— 

5 Not later than 30 days after the date of receipt of 

6 an application under this section, the Secretary shall 

7 provide to the applicant a written notice informing 

8 the applicant whether— 

9 ‘‘(A) the application is complete; or 

10 ‘‘(B) additional information or materials 

11 are needed to complete the application. 

12 ‘‘(2) APPROVAL OR DENIAL OF APPLICATION.— 

13 Not later than 60 days after the date of issuance of 

14 the written notice under paragraph (1), the Sec15 retary shall provide to the State infrastructure bank 

16 a written notice informing the applicant whether the 

17 Secretary has approved or disapproved the applica18 tion. 

19 ‘‘(g) AGREEMENTS.— 

20 ‘‘(1) RISK ASSESSMENT.—Before entering into 

21 an agreement under this section, the Secretary, in 

22 consultation with the Director of the Office of Man23 agement and Budget, shall determine an appropriate 

24 capital reserve subsidy amount for each secured 


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1 loan, taking into account each preliminary rating 

2 opinion letter received under subsection (d). 

3 ‘‘(2) SECURED LOANS.—Credit assistance pro4 vided under this section shall be provided through an 

5 agreement entered into between the Secretary and a 

6 State infrastructure bank for a secured loan, the 

7 proceeds of which shall be used for the capitalization 

8 of, or deposit into, the TIFIA account of a State in9 frastructure bank established under section 610. 

10 ‘‘(3) TERMS AND LIMITATIONS.— 

11 ‘‘(A) IN GENERAL.—A secured loan under 

12 this section shall be on such terms and condi13 tions and contain such covenants, representa14 tions, warranties, and requirements (including 

15 requirements for audits) as the Secretary deter16 mines to be appropriate. 

17 ‘‘(B) INTEREST RATE.—Except as pro18 vided in subparagraph (C), the interest rate on 

19 a secured loan under this section shall be not 

20 less than the yield on United States Treasury 

21 securities of a similar maturity to the maturity 

22 of the secured loan on the date of execution of 

23 the secured loan agreement. 

24 ‘‘(C) LIMITED BUYDOWNS.— 


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

2 (ii), an obligor shall be entitled to buy 

3 down the interest rate of a secured loan 

4 under this section through a limited 

5 buydown. 

6 ‘‘(ii) LIMITATION.—A limited 

7 buydown may not lower the interest rate of 

8 a secured loan by more than the lesser 

9 of— 

‘‘(I) 11 10 ⁄2 percentage points (150 

11 basis points); and 

12 ‘‘(II) the amount of the increase 

13 in the interest rate. 

14 ‘‘(4) MATURITY DATE.—The final maturity 

15 date of a secured loan under this section shall not 

16 be later than 35 years after the date on which the 

17 Secretary executes the secured loan. 

18 ‘‘(h) USE OF SECURED LOANS.— 

19 ‘‘(1) IN GENERAL.—For each fiscal year, credit 

20 assistance provided to an obligor under this section 

21 shall be in an amount that is not less than 

22 $25,000,000, but not more than $100,000,000. 

23 ‘‘(2) USE OF FUNDS.—Subject to subparagraph 

24 (B), a State infrastructure bank receiving credit as25 sistance under this section shall— 


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1 ‘‘(A) deposit those amounts into the 

2 TIFIA account of the State infrastructure 

3 bank; and 

4 ‘‘(B) use such credit assistance for projects 

5 eligible under section 610. 

6 ‘‘(i) NONSUBORDINATION.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), the secured loan shall not be subordi9 nated to the claims of any holder of senior obliga10 tions in the event of bankruptcy, insolvency, or liq11 uidation of the obligor. 

12 ‘‘(2) PREEXISTING INDENTURE.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), the Secretary shall waive the re15 quirement under paragraph (1) for a State in16 frastructure bank that has outstanding senior 

17 obligations under a preexisting indenture if the 

18 secured loan is rated in the A category or high19 er. 

20 ‘‘(B) RESTRICTION.—If the Secretary 

21 waives the nonsubordination requirement under 

22 this paragraph— 

23 ‘‘(i) the maximum credit subsidy to be 

24 paid by the Federal Government shall be 


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1 not more than 10 percent of the principal 

2 amount of the secured loan; and 

3 ‘‘(ii) the obligor shall be responsible 

4 for paying the remainder of the subsidy 

5 cost, if any. 

6 ‘‘(j) FEES.—The Secretary may establish fees at a 

7 level sufficient to cover all or a portion of the costs to 

8 the Federal Government of making a secured loan under 

9 this section. 

10 ‘‘(k) REPAYMENT.— 

11 ‘‘(1) SCHEDULE.—The Secretary shall establish 

12 a repayment schedule for each secured loan under 

13 this section based on the projected cash flow from 

14 the dedicated repayment sources. 

15 ‘‘(2) COMMENCEMENT.—Scheduled loan repay16 ments of principal or interest on a secured loan 

17 under this section shall commence not later than 5 

18 years after the date on which the Secretary executes 

19 the secured loan. 

20 ‘‘(3) DEFERRED PAYMENTS.— 

21 ‘‘(A) IN GENERAL.—If, at any time after 

22 the date on which the Secretary executed the 

23 secured loan, the revenues pledged to pay the 

24 scheduled loan repayments of principal and in25 terest on the secured loan are not sufficient to 


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1 make such payments, the Secretary may, sub2 ject to subparagraph (C), allow the obligor to 

3 add unpaid principal and interest to the out4 standing balance of the secured loan. 

5 ‘‘(B) INTEREST.—Any payment deferred 

6 under subparagraph (A) shall— 

7 ‘‘(i) continue to accrue interest in ac8 cordance with subsection (g)(3)(B) until 

9 fully repaid; and 

10 ‘‘(ii) be scheduled to be amortized 

11 over the remaining term of the loan. 

12 ‘‘(C) CRITERIA.— 

13 ‘‘(i) IN GENERAL.—Any payment de14 ferral under subparagraph (A) shall be 

15 contingent on the obligor meeting criteria 

16 established by the Secretary. 

17 ‘‘(ii) REPAYMENT STANDARDS.—The 

18 criteria established pursuant to clause (i) 

19 shall include standards for reasonable as20 surance of repayment. 

21 ‘‘(4) PREPAYMENT.— 

22 ‘‘(A) USE OF EXCESS REVENUES.—Any 

23 excess revenues that remain after satisfying 

24 scheduled debt service requirements on the 

25 State infrastructure bank obligations and seVerDate Mar 15 2010 01:54 May 15, 2014 Jkt 039200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S2322.IS S2322

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1 cured loan and all deposit requirements under 

2 the terms of any trust agreement, bond resolu3 tion, or similar agreement securing State infra4 structure bank obligations may be applied an5 nually to prepay the secured loan without pen6 alty. 

7 ‘‘(B) USE OF PROCEEDS OF REFI8 NANCING.—The secured loan may be prepaid at 

9 any time without penalty from the proceeds of 

10 refinancing from non-Federal funding sources. 

11 ‘‘(l) SALE OF SECURED LOANS.— 

12 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

13 the Secretary may sell to another entity or reoffer 

14 into the capital markets a secured loan if the Sec15 retary determines that the sale or reoffering can be 

16 made on favorable terms. 

17 ‘‘(2) CONSENT OF OBLIGOR.—In making a sale 

18 or reoffering under paragraph (1), the Secretary 

19 may not change the original terms and conditions of 

20 the secured loan without the written consent of the 

21 obligor.’’. 

22 (b) CONFORMING AMENDMENTS.—Section 610 of 

23 title 23, United States Code, is amended— 

24 (1) in subsection (d)— 


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1 (A) by redesignating paragraphs (4) 

2 through (6) as paragraphs (5) through (7), re3 spectively; and 

4 (B) by inserting after paragraph (3) the 

5 following: 

6 ‘‘(4) TIFIA ACCOUNT.— 

7 ‘‘(A) IN GENERAL.—Subject to subsection 

8 (j), the Secretary may permit a State entering 

9 into a cooperative agreement under this section 

10 to establish a State infrastructure bank to de11 posit into the TIFIA account of the bank funds 

12 received under section 611. 

13 ‘‘(B) TREATMENT OF ACCOUNT.—Federal 

14 funds deposited into the TIFIA account shall 

15 constitute a capitalization secured loan for the 

16 TIFIA account of the State infrastructure 

17 bank. 

18 ‘‘(C) LIMITATION.—Amounts in the TIFIA 

19 account shall be used only to carry out projects 

20 eligible for assistance under chapter 1 of this 

21 title or chapter 53 of title 49.’’; and 

22 (2) in subsection (f), by inserting ‘‘, except that 

23 funds in the TIFIA account of a State infrastruc24 ture bank established under this section may be used 

25 only for projects with reasonably anticipated eligible 


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1 project costs of not less than $5,000,000 but not 

2 more than $50,000,000’’ before the period at the 

3 end. 

4 (c) CONFORMING AMENDMENT.—The analysis for 

5 chapter 6 of title 23, United States Code, is amended by 

6 adding at the end the following: 

‘‘611. TIFIA loans for State infrastructure banks.’’. 

7 TITLE III—TECHNICAL 

8 CORRECTIONS TO MAP–21 

9 SEC. 3001. TECHNICAL CORRECTIONS. 

10 (a) Section 101(a)(29) of title 23, United States 

11 Code, is amended— 

12 (1) in subparagraph (B) by inserting a comma 

13 after ‘‘disabilities’’; and 

14 (2) in subparagraph (F)(i) by striking 

15 ‘‘133(b)(11)’’ and inserting ‘‘133(b)(14)’’. 

16 (b) Section 119 of title 23, United States Code, is 

17 amended— 

18 (1) in subsection (d)(1)(A) by striking ‘‘mobil19 ity,’’ and inserting ‘‘congestion reduction, system re20 liability,’’; and 

21 (2) in subsection (e)(7)— 

22 (A) by striking ‘‘this paragraph’’ and in23 serting ‘‘section 150(e)’’; and 

24 (B) by inserting ‘‘under that section’’ after 

25 ‘‘next report submitted’’. 


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1 (c) Section 120 of title 23, United States Code, is 

2 amended— 

3 (1) in subsection (c)(3)— 

4 (A) in subparagraph (A) by striking ‘‘para5 graph (1), (2), or (5)’’ and inserting ‘‘para6 graph (1) or (2)’’; and 

7 (B) in subparagraph (C)(i) by striking 

8 ‘‘paragraphs (1), (2), and (5)’’ and inserting 

9 ‘‘paragraphs (1) and (2)’’; and 

10 (2) in subsection (e)(2) by striking ‘‘Federal 

11 land access transportation facilities’’ and inserting 

12 ‘‘other federally owned roads that are open to public 

13 travel’’. 

14 (d) Section 126(b)(1) of title 23, United States Code, 

15 is amended by striking ‘‘133(d)’’ and inserting 

16 ‘‘133(d)(1)(A)’’. 

17 (e) Section 127(a)(3) of title 23, United States Code, 

18 is amended by striking ‘‘118(b)(2)’’ and inserting 

19 ‘‘118(b)’’. 

20 (f) Section 129(a)(5)(B) of title 23, United States 

21 Code, is amended by striking ‘‘the Federal-aid system’’ 

22 and inserting ‘‘Federal-aid highways’’. 

23 (g) Section 133 of title 23, United States Code, is 

24 amended— 

25 (1) in subsection (d)— 


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1 (A) in paragraph (1)(A)(ii) by striking 

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

3 or more’’; and 

4 (B) in paragraph (3)— 

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

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

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

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

9 5,000 to 200,000’’; 

10 (2) in subsection (f)(1) by striking ‘‘104(b)(3)’’ 

11 and inserting ‘‘104(b)(2)’’; 

12 (3) in subsection (g)(2)(A) by striking ‘‘sub13 section (d)’’ and inserting ‘‘subsection (d)(1)(A)’’; 

14 and 

15 (4) in subsection (h)(1) by striking ‘‘subsection 

16 (d)(1)(A)(iii)’’ and inserting ‘‘subsection 

17 (d)(1)(A)(ii)’’. 

18 (h) Section 134 of title 23, United States Code, is 

19 amended— 

20 (1) in subsection (i)(8) by striking ‘‘(2)(C)’’ 

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

22 (2) in subsection (l)— 

23 (A) in paragraph (1) by inserting a period 

24 at the end; and 


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1 (B) in paragraph (2)(D) by striking ‘‘of 

2 less than 200,000’’ and inserting ‘‘with a popu3 lation of 200,000 or less’’; 

4 (3) in subsection (n)(1) by striking ‘‘chapter 53 

5 of title,’’ and inserting ‘‘chapter 53 of title 49,’’; and 

6 (4) in subsection (p) by striking ‘‘set aside 

7 under section 104(f)’’ and inserting ‘‘apportioned 

8 under section 104(b)(5)’’. 

9 (i) Section 144 of title 23, United States Code, is 

10 amended— 

11 (1) in subsection (c)(2)(A) by striking ‘‘the nat12 ural condition of the bridge’’ and inserting ‘‘their 

13 natural condition’’; and 

14 (2) in subsection (k)(2) (as redesignated by sec15 tion 1108(a)(1)) by striking ‘‘104(b)(3)’’ and insert16 ing ‘‘104(b)(2)’’. 

17 (j) Section 148 of title 23, United States Code, is 

18 amended— 

19 (1) in subsection (a)(4)(B)(xx) by striking ‘‘for 

20 safety purposes’’; and 

21 (2) in subsection (i) in the matter preceding 

22 paragraph (1) by striking ‘‘performance targets’’ 

23 each place it appears and inserting ‘‘safety perform24 ance targets’’. 


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1 (k) Section 149 of title 23, United States Code, is 

2 amended— 

3 (1) in subsection (d)(2)— 

4 (A) in subparagraph (A)(i) by striking 

5 ‘‘(excluding the amount of funds reserved under 

6 paragraph (l))’’; and 

7 (B) in subparagraph (B)(i) by striking 

8 ‘‘MAP–21t’’ and inserting ‘‘MAP–21’’; 

9 (2) in subsection (g)(2)(B) by striking ‘‘later 

10 that’’ and inserting ‘‘later than’’; 

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

12 quality and traffic congestion’’ before ‘‘performance 

13 targets’’; and 

14 (4) in subsection (m) by striking ‘‘104(b)(2)’’ 

15 and inserting ‘‘104(b)(4)’’. 

16 (l) Section 150(c)(3)(B) of title 23, United States 

17 Code, is amended by striking the semicolon at the end and 

18 inserting a period. 

19 (m) Section 153(h)(2) of title 23, United States 

20 Code, is amended by striking ‘‘paragraphs (1) through 

21 (3)’’ and inserting ‘‘paragraphs (1), (2), and (4)’’. 

22 (n) Section 163(f)(2) of title 23, United States Code, 

23 is amended by striking ‘‘118(b)(2)’’ and inserting 

24 ‘‘118(b)’’. 


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149 

•S 2322 IS

1 (o) Section 202(b)(3) of title 23, United States Code, 

2 is amended— 

3 (1) in subparagraph (A)(i) by inserting 

4 ‘‘(a)(6),’’ after ‘‘subsections’’; and 

5 (2) in subparagraph (C)(ii)(IV) by striking 

6 ‘‘(III).]’’ and inserting ‘‘(III).’’. 

7 (p) Section 203(b)(1) of title 23, United States Code, 

8 is amended by striking ‘‘2011’’ and inserting ‘‘2012’’. 

9 (q) Section 213 of title 23, United States Code, is 

10 amended— 

11 (1) in subsection (c)(1)(A)(ii) by striking 

12 ‘‘greater than 5,000’’ and inserting ‘‘of 5,000 or 

13 more’’; and 

14 (2) in subsection (e) by striking ‘‘this chapter’’ 

15 and inserting ‘‘chapter 1’’. 

16 (r) Section 217(a) of title 23, United States Code, 

17 is amended by striking ‘‘104(b)(3)’’ and inserting 

18 ‘‘104(b)(4)’’. 

19 (s) Section 504(a)(4) of title 23, United States Code, 

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

21 ‘‘104(b)(2)’’. 

22 (t) Section 515 of title 23, United States Code, is 

23 amended by striking ‘‘this chapter’’ each place it appears 

24 and inserting ‘‘sections 512 through 518’’. 


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150 

•S 2322 IS

1 (u) Section 518(a) of title 23, United States Code, 

2 is amended by inserting ‘‘a report’’ after ‘‘House of Rep3 resentatives’’. 

4 (v) Section 608(a)(2) of title 23, United States Code, 

5 is amended by inserting ‘‘of’’ after ‘‘504(f)’’. 

6 (w) Section 6302(b)(3)(B)(vi)(III) of title 49, United 

7 States Code, is amended by striking ‘‘6310’’ and inserting 

8 ‘‘6309’’. 

9 (x) Section 1102 of MAP–21 (23 U.S.C. 104 note; 

10 126 Stat. 416) is amended— 

11 (1) in subsection (b)(10) by striking ‘‘2011’’ 

12 and inserting ‘‘2012’’; and 

13 (2) in subsection (c)(5) by striking ‘‘section 

14 204’’ and inserting ‘‘sections 202 and 204’’. 

15 (y) Section 1301(l)(3) of SAFETEA–LU (23 U.S.C. 

16 101 note; 126 Stat. 493) is amended— 

17 (1) in subparagraph (A)(i) by striking ‘‘com18 plied’’ and inserting ‘‘compiled’’; and 

19 (2) in subparagraph (B) by striking ‘‘paragraph 

20 (1)’’ and inserting ‘‘subparagraph (A)’’. 

21 (z) Section 51001(a)(1) of the Transportation Re22 search and Innovative Technology Act of 2012 (126 Stat. 

23 864) is amended by striking ‘‘sections 503(b), 503(d), and 

24 509’’ and inserting ‘‘section 503(b)’’. 

Æ 


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