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(I) are bifurcated by eligible fa-
cilities; or 
(II) lack safe, reliable, and af-
fordable transportation choices. 
(4) SELECTION.—The Secretary shall— 
(A) solicit applications for— 
(i) planning grants; 
(ii) technical assistance under para-
graph (3); and 
(iii) the activities would benefit popu-
lations impacted by or previously displaced 
by an eligible facility; and 
(B) evaluate applications for a planning 
grant on the basis of the demonstration by the 
applicant that— 
(i) the eligible facility— 
(I) creates barriers to mobility, 
access, or economic development; or 
(II) is not justified by current 
and forecast future travel demand; 
and 
(ii) on the basis of preliminary assess-
ment into the feasibility of removing, retro-
fitting, or remediating the eligible facility 
to restore community connectivity, and in-
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crease safety, mobility, and access for all 
users, further planning activities are nec-
essary and likely to be productive. 
(5) AWARD AMOUNTS.—A planning grant may 
not exceed $2,000,000 for any recipient. 
(6) FEDERAL SHARE.—The total Federal share 
of the cost of a planning activity for which a plan-
ning grant is used may not exceed 80 percent. 
(d) CAPITAL CONSTRUCTION GRANTS.— 
(1) ELIGIBLE ENTITIES.—The Secretary may 
award grants (referred to in this section as a ‘‘cap-
ital construction grants’’) to eligible entities to carry 
out eligible projects described in paragraph (3). 
(2) PARTNERSHIPS.—In the case that the 
owner of an eligible facility that is the subject of the 
capital construction grant is not an eligible entity, 
an eligible entity shall demonstrate the existence of 
a partnership with the owner of the eligible facility. 
(3) ELIGIBLE PROJECTS.—A project eligible to 
be carried out with a capital construction grant in-
cludes the following: 
(A) The removal, retrofit, or remediation 
of the effects on community connectivity from 
of an eligible facility, including a project to 
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deck over a limited-access highway or other eli-
gible facility. 
(B) The replacement of an eligible facility 
with a new facility that— 
(i) restores community connectivity; 
(ii) employs context sensitive solutions 
appropriate for the surrounding commu-
nity; and 
(iii) is otherwise eligible for funding 
under title 23, United States Code. 
(C) Support for community partnerships, 
including a community advisory board described 
under paragraph (7), in connection with a cap-
ital construction grant awarded under this sub-
section. 
(D) Other activities required to remove, re-
place, retrofit, or remediate an existing eligible 
facility, as determined by the Secretary. 
(4) SELECTION.—The Secretary shall— 
(A) solicit applications for capital construc-
tion grants; 
(B) evaluate applications on the basis of— 
(i) the degree to which the project will 
improve mobility and access through the 
removal of barriers; 
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(ii) the appropriateness of removing, 
retrofitting, or remediating the effects on 
community connectivity from the eligible 
facility, based on current traffic patterns 
and the ability of the project and the re-
gional transportation network to absorb 
transportation demand and provide safe 
mobility and access; 
(iii) the impact of the project on 
freight movement; 
(iv) the results of a cost-benefit anal-
ysis of the project; 
(v) the extent to which the grantee 
has plans for inclusive economic develop-
ment in place, including the existing land 
use and whether the zoning provides for 
equitable and transit-oriented development 
of underutilized land; 
(vi) the degree to which the eligible 
facility is out of context with the current 
or planned land use; 
(vii) the results of any feasibility 
study completed for the project; 
(viii) whether the eligible facility is 
likely to need replacement or significant re-
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construction within the 20-year period be-
ginning on the date of the submission of 
the application; 
(ix) whether the project is consistent 
with the relevant long-range transportation 
plan and included in the relevant statewide 
transportation improvement program; 
(x) whether the project is consistent 
with, and how the project would impact, 
the relevant transportation performance 
management targets; and 
(xi) the extent to which the project 
benefits populations impacted by or pre-
viously displaced by the eligible facility; 
(C) ensure that the project has conducted 
sufficient community engagement, such as the 
activities described in subsection (c)(2)(B); and 
(D) ensure that the jurisdiction in which 
the eligible facility is located has an anti-dis-
placement policy or a community land trust in 
place. 
(5) MINIMUM
AWARD
AMOUNTS.—A capital 
construction grant shall be in an amount not less 
than $5,000,000 for each recipient. 
(6) FEDERAL SHARE.— 
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(A) IN
GENERAL.—Subject to subpara-
graph (B), the Federal share of the total cost 
of a project carried out using a capital con-
struction grant may not exceed 80 percent. 
(B) MAXIMUM FEDERAL INVOLVEMENT.— 
Federal assistance other than a capital con-
struction grant may be used to satisfy the non- 
Federal share of the cost of a project for which 
the grant is awarded. 
(7) COMMUNITY ADVISORY BOARD.— 
(A) IN GENERAL.—To help achieve inclu-
sive economic development benefits with respect 
to the project for which a grant is awarded, a 
grant recipient may form a community advisory 
board, which, if formed, shall— 
(i) facilitate community engagement 
with respect to the project; and 
(ii) track progress with respect to 
commitments of the grant recipient to in-
clusive employment, contracting, and eco-
nomic development under the project. 
(B) MEMBERSHIP.—If a grant recipient 
forms a community advisory board under sub-
paragraph (A), the community advisory board 
shall be composed of representatives of— 
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(i) the community, including residents 
in the immediate vicinity of the project; 
(ii) owners of businesses that serve 
the community; 
(iii) labor organizations that represent 
workers that serve the community; 
(iv) State and local government; and 
(v) private and non-profit organiza-
tions that represent local community devel-
opment. 
(C) DIVERSITY.—The community advisory 
board shall be representative of the community 
served by the project. 
(e) PRIORITIES.—In selecting recipients of planning 
grants, capital construction grants, and technical assist-
ance under this section, the Secretary shall give priority 
to— 
(1) an application from a community that is 
economically disadvantaged, including an environ-
mental justice community, an underserved commu-
nity, or a community located in an area of persistent 
poverty (as such term is defined in section 101 of 
title 23, United States Code); and 
(2) an eligible entity that has— 
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(A) entered into a community benefits 
agreement with representatives of the commu-
nity or formed a community advisory board 
under paragraph (7) of subsection (d); 
(B) demonstrated a plan for employing 
residents in the area impacted by the activity or 
project through targeted hiring programs; and 
(C) demonstrated a plan for improving 
transportation system access. 
(f) ADMINISTRATIVE EXPENSES.—Of amounts made 
available to carry out this section, the Secretary may set 
aside not more than $5,000,000 in each fiscal year for 
the costs of administering the program under this section. 
(g) TECHNICAL ASSISTANCE.—Of amounts made 
available to carry out this section, the Secretary may set 
aside not more than $5,000,000 in each fiscal year to pro-
vide technical assistance to eligible entities under sub-
section (c)(3). 
(h) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate a report that— 
(1) identifies and creates an online mapping 
tool showing any examples of potential projects to 
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remove eligible facilities, and assesses the potential 
impacts of carrying out such projects; and 
(2) assesses projects funded under subsection 
(d) to provide best practices. 
(i) DEFINITIONS.—In this section: 
(1) ANTI-DISPLACEMENT
POLICY.—The term 
‘‘anti-displacement policy’’ means a policy that limits 
the displacement of low-income, disadvantaged, and 
underserved communities from neighborhoods due to 
new investments in housing, businesses, and infra-
structure. 
(2) COMMUNITY
LAND
TRUST.—The term 
‘‘community land trust’’ means a nonprofit organiza-
tion established or with the responsibility, as appli-
cable— 
(A) to develop the real estate created by 
the removal or capping of an eligible facility; 
and 
(B) to carry out anti-displacement or com-
munity development strategies, including— 
(i) affordable housing preservation 
and development; 
(ii) homeownership and property im-
provement programs; 
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(iii) the development or rehabilitation 
of park space or recreation facilities; and 
(iv) community revitalization and eco-
nomic development projects. 
(3) ELIGIBLE FACILITY.— 
(A) IN GENERAL.—The term ‘‘eligible fa-
cility’’ means a highway or other transportation 
facility that creates a barrier to community 
connectivity, including barriers to mobility, ac-
cess, or economic development, due to high 
speeds, grade separations, or other design fac-
tors. 
(B) INCLUSIONS.—In this section, the 
term ‘‘eligible facility’’ may include— 
(i) a limited access highway; 
(ii) a railway; 
(iii) a viaduct; 
(iv) a principal arterial facility; or 
(v) any other transportation facility 
for which the high speeds, grade separa-
tion, or other design factors create an ob-
stacle to connectivity. 
SEC. 1312. APPRENTICESHIP UTILIZATION. 
(a) IN GENERAL.— 
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(1) CERTIFICATION REQUIREMENT.—To receive 
a grant under sections 117 and 173 of title 23, 
United States Code, and section 1311 of this Act, 
each applicant shall include in a grant application a 
certification that such applicant will ensure that any 
contractor or subcontractor utilized in carrying out 
activities with such grant— 
(A) meets or exceeds the apprenticeship 
employment goal; 
(B) to the extent practicable, employs 
qualified apprentices from traditionally under-
represented populations, including women and 
minorities, in meeting or exceeding such goal; 
(C) makes best efforts to meet project- 
wide, annually updated participation goals set 
by the applicant for the percentage of total 
workhours that are performed by historically 
under-represented populations, including by 
women, people of color, and women of color, by 
trade and position; and 
(D) tracks ongoing progress towards the 
goals described in subparagraph (C). 
(2) EXCEPTIONS.—The Secretary may adjust 
the requirements of this section if the grant appli-
cant— 
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(A) demonstrates a lack of availability of 
qualified apprentices in a specific geographic 
area; or 
(B) makes a good faith effort to comply 
with the requirements of this section. 
(b) REGULATIONS.—The Secretary, in collaboration 
with the Secretary of Labor, as appropriate, shall have 
the authority to issue such regulations or other guidance, 
forms, instructions, and publications as may be necessary 
or appropriate to carry out the requirements of this sec-
tion, including reporting requirements and oversight for 
applicants awarded a grant. 
(c) REPORT TO CONGRESS.—Not later than 3 years 
after the date of enactment of this Act, the Secretary shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate 
a report on the utilization of qualified apprentices for 
projects carried out under sections 117 and 173 of title 
23, United States Code, and section 1311 of this Act, that 
includes— 
(1) the total number of labor hours fulfilled by 
qualified apprentices and historically underrep-
resented populations; 
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apprenticeship employment goal under subsection 
(a); 
(2) the total number of grants awarded for 
which applicants certified they would be able to meet 
or exceed the apprenticeship employment goal; and 
(3) for each grant awarded, data on grant re-
cipients’ progress toward achieving participation 
goals under subsection (a)(1). 
(e) DEFINITIONS.—In this section: 
(1) APPRENTICESHIP
EMPLOYMENT
GOAL.— 
The term ‘‘apprenticeship employment goal’’ means 
the utilization of qualified apprentices for not less 
than 15 percent of the total labor hours used for 
construction activities for a project. 
(2) QUALIFIED APPRENTICE.—The term ‘‘quali-
fied apprentice’’ means an employee participating in 
an apprenticeship program that— 
(A) is registered with the Office of Appren-
ticeship of the Employment Training Adminis-
tration of the Department of Labor or a State 
apprenticeship agency recognized by such Office 
of Apprenticeship pursuant to the Act of Au-
gust 16, 1937 (29 U.S.C. 50 et seq.; commonly 
known as the ‘‘National Apprenticeship Act’’); 
and 
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(B) satisfies the requirements of subpart A 
of part 29 and part 30 of title 29, Code of Fed-
eral Regulations. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
SEC. 1313. GAO STUDY. 
Not later than 3 years after the date of enactment 
of this Act, the Comptroller General of the United States 
shall conduct a study to review the amount of funds made 
available under section 151(f) of title 23, United States 
Code, for the installation of electric vehicle charging sta-
tions in communities disproportionately impacted by air 
pollution and high rates of asthma. 
SEC. 1314. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) contractors and subcontractors utilized in 
carrying out activities funded under title 23, United 
States Code, should institute respectful workplace 
policies and provide effective, ongoing workplace 
training to create safe, respectful work sites that are 
free from bullying, hazing, discrimination, or harass-
ment; and 
(2) the Department of Transportation should 
take appropriate steps in coordination with the De-
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partment of Labor to ensure contractors and sub-
contractors take such actions. 
SEC. 1315. POLLINATOR-FRIENDLY PRACTICES ON ROAD-
SIDES AND HIGHWAY RIGHTS-OF-WAY. 
(a) IN GENERAL.—Section 329 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(d) POLLINATOR-FRIENDLY PRACTICES ON ROAD-
SIDES AND HIGHWAY RIGHTS-OF-WAY.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a program to provide grants to eligible entities 
to carry out activities to benefit pollinators on road-
sides and highway rights-of-way, including the plant-
ing and seeding of native locally-appropriate grasses 
and wildflowers, including milkweed. 
‘‘(2) ELIGIBLE ENTITIES.—An entity eligible to 
receive a grant under this subsection is— 
‘‘(A) a State department of transportation; 
‘‘(B) an Indian tribe or tribal organization; 
‘‘(C) a territory; or 
‘‘(D) a Federal land management agency. 
‘‘(3) APPLICATION.—To be eligible to receive a 
grant under this section, an eligible entity shall sub-
mit to the Secretary an application at such time, in 
such manner, and containing such information as 
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the Secretary may require, including a pollinator- 
friendly practices plan described in paragraph (4). 
‘‘(4) 
POLLINATOR-FRIENDLY
PRACTICES 
PLAN.— 
‘‘(A) IN GENERAL.—An eligible entity shall 
include in the application under paragraph (3) 
a plan that describes the pollinator-friendly 
practices that the eligible entity has imple-
mented or plans to implement, including— 
‘‘(i) practices relating to mowing 
strategies that promote early successional 
vegetation and limit disturbance during pe-
riods of highest use by target pollinator 
species on roadsides and highway rights-of- 
way, such as— 
‘‘(I) reducing the mowing swath 
outside of the State-designated safety 
zone; 
‘‘(II) 
increasing 
the 
mowing 
height; 
‘‘(III) reducing the mowing fre-
quency; 
‘‘(IV) refraining from mowing 
monarch and other pollinator habitat 
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during periods in which monarchs or 
other pollinators are present; 
‘‘(V) use of a flushing bar and 
cutting at reduced speeds to reduce 
pollinator deaths due to mowing; or 
‘‘(VI) 
reducing 
raking 
along 
roadsides and highway rights-of-way; 
‘‘(ii) implementation of an integrated 
vegetation management plan that includes 
approaches such as mechanical tree and 
brush removal, targeted and judicious use 
of herbicides, and mowing, to address weed 
issues on roadsides and highway rights-of- 
way; 
‘‘(iii) planting or seeding of native, lo-
cally-appropriate grasses and wildflowers, 
including milkweed, on roadsides and high-
way rights-of-way to enhance pollinator 
habitat, including larval host plants; 
‘‘(iv) removing nonnative grasses from 
planting and seeding mixes, except for use 
as nurse or cover crops; 
‘‘(v) obtaining expert training or as-
sistance on pollinator-friendly practices, in-
cluding— 
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‘‘(I) native plant identification; 
‘‘(II) establishment and manage-
ment of locally-appropriate or native 
plants that benefit pollinators; 
‘‘(III) land management practices 
that benefit pollinators; and 
‘‘(IV) 
pollinator-focused 
inte-
grated vegetation management; or 
‘‘(vi) any other pollinator-friendly or 
vegetation management practices the Sec-
retary determines to be appropriate. 
‘‘(B) CONSIDERATION.—In developing the 
plan under subparagraph (A), the eligible entity 
shall consider other vegetation management 
best management practices established by the 
Secretary, including— 
‘‘(i) fuel breaks for the prevention and 
control of wildfires; 
‘‘(ii) abating stormwater runoff and 
stabilizing soil; 
‘‘(iii) habitat for forage for native 
fauna; and 
‘‘(iv) the economy of maintenance of 
the right-of-way. 
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‘‘(B) AMOUNT OF GRANTS.—The amount 
of each grant provided under this subsection 
may not exceed $150,000. 
‘‘(6) USE OF FUNDS.—An eligible entity that 
receives a grant under this subsection shall use the 
funds for the implementation, improvement, or fur-
ther development of the plan under paragraph (4). 
‘‘(7) FEDERAL SHARE.—The Federal share of 
the cost of an activity carried out with a grant under 
this subsection shall be up to 80 percent. 
‘‘(8) TECHNICAL ASSISTANCE.—On request of 
an eligible entity that receives a grant under this 
subsection, the Secretary may provide technical as-
sistance with the implementation, improvement, or 
further development of a plan under paragraph (4). 
‘‘(9) ADMINISTRATIVE COSTS.—For each fiscal 
year, the Secretary may use not more than 5 percent 
of the amounts made available to carry out this sub-
section for the administrative costs of carrying out 
this subsection. 
‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(A) IN GENERAL.—There is authorized to 
be appropriated from the general fund of the 
Treasury 
to 
carry 
out 
this 
subsection 
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$2,000,000 for each of fiscal years 2023 
through 2026. 
‘‘(B) 
AVAILABILITY.—Amounts 
made 
available under this subsection shall remain 
available as described under section 118(b). 
‘‘(e) BEST PRACTICES AND GUIDANCE.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the INVEST in America 
Act, and periodically thereafter, the Secretary shall 
develop or update best practices for, and a priority 
ranking of, pollinator-friendly practices on roadsides 
and highway rights-of-way. 
‘‘(2) GUIDANCE.—The Secretary shall provide 
guidance on sources of funds made available under 
this title that are eligible for activities described 
under this section, including any best management 
practices identified under paragraph (1) that are eli-
gible for funding under this title.’’. 
(b) REPORT.—Not later than 2 years after the date 
on which the first grant is provided under section 329(d) 
of title 23, United States Code, as added by this Act, the 
Secretary shall publish a report on the implementation of 
the program under such section. 
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Subtitle D—Planning, Performance 
Management, and Asset Man-
agement 
SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING. 
Section 134 of title 23, United States Code, is 
amended— 
(1) in subsection (a) by striking ‘‘resiliency 
needs while minimizing transportation-related fuel 
consumption and air pollution’’ and inserting ‘‘resil-
ience and climate change adaptation needs while re-
ducing transportation-related fuel consumption, air 
pollution, and greenhouse gas emissions’’; 
(2) in subsection (b)— 
(A) by redesignating paragraphs (6) and 
(7) as paragraphs (7) and (8), respectively; and 
(B) by inserting after paragraph (5) the 
following: 
‘‘(6) STIP.—The term ‘STIP’ means a state-
wide transportation improvement program developed 
by a State under section 135(g).’’; 
(3) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘and 
transportation improvement programs’’ and in-
serting ‘‘and TIPs’’; and 
(B) by adding at the end the following: 
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‘‘(4) CONSIDERATION.—In developing the plans 
and TIPs, metropolitan planning organizations shall 
consider direct and indirect emissions of greenhouse 
gases.’’; 
(4) in subsection (d)— 
(A) in paragraph (2) by striking ‘‘Not 
later than 2 years after the date of enactment 
of MAP–21, each’’ and inserting ‘‘Each’’; 
(B) in paragraph (3) by adding at the end 
the following: 
‘‘(D) EQUITABLE
AND
PROPORTIONAL 
REPRESENTATION.— 
‘‘(i) IN
GENERAL.—For officials or 
representatives under paragraph (2), the 
metropolitan planning organization shall 
ensure the equitable and proportional rep-
resentation of the population of the metro-
politan planning area. 
‘‘(ii) SAVINGS
CLAUSE.—Nothing in 
this paragraph shall require a metropolitan 
planning organization in existence on the 
date of enactment of this subparagraph to 
be restructured. 
‘‘(iii) 
REDESIGNATION.—Notwith-
standing clause (ii), the requirements of 
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this paragraph shall apply to any metro-
politan planning organization redesignated 
under paragraph (6).’’; 
(C) in paragraph (6)(B) by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraph (2) or 
(3)(D)’’; and 
(D) in paragraph (7)— 
(i) by striking ‘‘an existing metropoli-
tan planning area’’ and inserting ‘‘an ur-
banized area’’; and 
(ii) by striking ‘‘the existing metro-
politan planning area’’ and inserting ‘‘the 
area’’; 
(5) in subsection (g)— 
(A) in paragraph (1) by striking ‘‘a metro-
politan area’’ and inserting ‘‘an urbanized 
area’’; 
(B) in paragraph (2) by striking ‘‘MPOS’’ 
and 
inserting 
‘‘METROPOLITAN
PLANNING 
AREAS’’; 
(C) in paragraph (3)(A) by inserting 
‘‘emergency response and evacuation, climate 
change adaptation and resilience,’’ after ‘‘dis-
aster risk reduction,’’; and 
(D) by adding at the end the following: 
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‘‘(4) COORDINATION BETWEEN MPOS.— 
‘‘(A) IN GENERAL.—If more than one met-
ropolitan planning organization is designated 
within an urbanized area under subsection 
(d)(7), the metropolitan planning organizations 
designated within the area shall ensure, to the 
maximum extent practicable, the consistency of 
any data used in the planning process, includ-
ing information used in forecasting transpor-
tation demand. 
‘‘(B) SAVINGS CLAUSE.—Nothing in this 
paragraph requires metropolitan planning orga-
nizations designated within a single urbanized 
area to jointly develop planning documents, in-
cluding a unified long-range transportation plan 
or unified TIP.’’; 
(6) in subsection (h)(1)— 
(A) by striking subparagraph (E) and in-
serting the following: 
‘‘(E) protect and enhance the environment, 
promote energy conservation, reduce greenhouse 
gas emissions, improve the quality of life and 
public health, and promote consistency between 
transportation improvements and State and 
local planned growth and economic development 
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patterns, including housing and land use pat-
terns;’’; 
(B) in subparagraph (I)— 
(i) by inserting ‘‘, sea level rise, ex-
treme weather, and climate change’’ after 
‘‘stormwater’’; and 
(ii) by striking ‘‘and’’ at the end; 
(C) by redesignating subparagraph (J) as 
subparagraph (M); and 
(D) by inserting after subparagraph (I) the 
following: 
‘‘(J) support emergency management, re-
sponse, and evacuation and hazard mitigation; 
‘‘(K) improve the level of transportation 
system access; 
‘‘(L) support inclusive zoning policies and 
land use planning practices that incentivize af-
fordable, elastic, and diverse housing supply, fa-
cilitate long-term economic growth by improving 
the accessibility of housing to jobs, and prevent 
high housing costs from displacing economically 
disadvantaged households; and’’; 
(7) in subsection (h)(2) by striking subpara-
graph (A) and inserting the following: 
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‘‘(A) IN GENERAL.—Through the use of a 
performance-based approach, transportation in-
vestment decisions made as a part of the metro-
politan transportation planning process shall 
support the national goals described in section 
150(b), the achievement of metropolitan and 
statewide targets established under section 
150(d), the improvement of transportation sys-
tem access (consistent with section 150(f)), and 
the general purposes described in section 5301 
of title 49.’’; 
(8) in subsection (i)— 
(A) in paragraph (2)(D)(i) by inserting 
‘‘reduce greenhouse gas emissions and’’ before 
‘‘restore and maintain’’; 
(B) in paragraph (2)(G) by inserting ‘‘and 
climate change’’ after ‘‘infrastructure to natural 
disasters’’; 
(C) in paragraph (2)(H) by inserting 
‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 
(D) in paragraph (5)— 
(i) in subparagraph (A) by inserting 
‘‘air quality, public health, housing, trans-
portation, resilience, hazard mitigation, 
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emergency management,’’ after ‘‘conserva-
tion,’’; and 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) ISSUES.—The consultation shall in-
volve, as appropriate, comparison of transpor-
tation plans to other relevant plans, including, 
if available— 
‘‘(i) State conservation plans or maps; 
and 
‘‘(ii) inventories of natural or historic 
resources.’’; and 
(E) by amending paragraph (6)(C) to read 
as follows: 
‘‘(C) METHODS.— 
‘‘(i) IN
GENERAL.—In carrying out 
subparagraph (A), the metropolitan plan-
ning organization shall, to the maximum 
extent practicable— 
‘‘(I) hold any public meetings at 
convenient and accessible locations 
and times; 
‘‘(II) employ visualization tech-
niques to describe plans; and 
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‘‘(III) make public information 
available in electronically accessible 
format and means, such as the inter-
net, as appropriate to afford reason-
able opportunity for consideration of 
public information under subpara-
graph (A). 
‘‘(ii) ADDITIONAL METHODS.—In ad-
dition to the methods described in clause 
(i), in carrying out subparagraph (A), the 
metropolitan planning organization shall, 
to the maximum extent practicable— 
‘‘(I) use virtual public involve-
ment, social media, and other web- 
based tools to encourage public par-
ticipation and solicit public feedback; 
and 
‘‘(II) use other methods, as ap-
propriate, to further encourage public 
participation of historically underrep-
resented individuals in the transpor-
tation planning process.’’; 
(9) in subsection (j) by striking ‘‘transportation 
improvement program’’ and inserting ‘‘TIP’’ each 
place it appears; and 
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(10) by striking ‘‘Federally’’ each place it ap-
pears and inserting ‘‘federally’’. 
SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANS-
PORTATION PLANNING. 
Section 135 of title 23, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘The statewide trans-
portation plan and the’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—The statewide trans-
portation plan and the’’; 
(ii) by striking ‘‘transportation im-
provement 
program’’ 
and 
inserting 
‘‘STIP’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) CONSIDERATION.—In developing the 
statewide transportation plans and STIPs, 
States shall consider direct and indirect emis-
sions of greenhouse gases.’’; and 
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(C) in paragraph (3) by striking ‘‘trans-
portation improvement program’’ and inserting 
‘‘STIP’’; 
(2) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (E)— 
(I) by inserting ‘‘reduce green-
house gas emissions,’’ after ‘‘promote 
energy conservation,’’; 
(II) by inserting ‘‘and public 
health’’ after ‘‘improve the quality of 
life’’; and 
(III) by inserting ‘‘, including 
housing and land use patterns’’ after 
‘‘economic development patterns’’; 
(ii) in subparagraph (I)— 
(I) by inserting ‘‘, sea level rise, 
extreme weather, and climate change’’ 
after ‘‘mitigate stormwater’’; and 
(II) by striking ‘‘and’’ after the 
semicolon; 
(iii) by redesignating subparagraph 
(J) as subparagraph (M); and 
(iv) by inserting after subparagraph 
(I) the following: 
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‘‘(J) facilitate emergency management, re-
sponse, and evacuation and hazard mitigation; 
‘‘(K) improve the level of transportation 
system access; 
‘‘(L) support inclusive zoning policies and 
land use planning practices that incentivize af-
fordable, elastic, and diverse housing supply, fa-
cilitate long-term economic growth by improving 
the accessibility of housing to jobs, and prevent 
high housing costs from displacing economically 
disadvantaged households; and’’; 
(B) in paragraph (2)— 
(i) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) IN GENERAL.—Through the use of a 
performance-based approach, transportation in-
vestment decisions made as a part of the state-
wide transportation planning process shall sup-
port— 
‘‘(i) the national goals described in 
section 150(b); 
‘‘(ii) the consideration of transpor-
tation system access (consistent with sec-
tion 150(f)); 
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tation plans to other relevant plans and in-
ventories, including, if available— 
‘‘(I) State and tribal conservation 
plans or maps; and 
‘‘(II) inventories of natural or 
historic resources.’’; 
(B) in paragraph (3)(B)— 
(i) by striking ‘‘In carrying out’’ and 
inserting the following: 
‘‘(i) IN GENERAL.—In carrying out’’; 
(ii) 
by 
redesignating 
clauses 
(i) 
through (iv) as subclauses (I) through 
(IV), respectively; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) ADDITIONAL METHODS.—In ad-
dition to the methods described in clause 
(i), in carrying out subparagraph (A), the 
State shall, to the maximum extent prac-
ticable— 
‘‘(I) use virtual public involve-
ment, social media, and other web- 
based tools to encourage public par-
ticipation and solicit public feedback; 
and 
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‘‘(II) use other methods, as ap-
propriate, to further encourage public 
participation of historically underrep-
resented individuals in the transpor-
tation planning process.’’; 
(C) in paragraph (4)(A) by inserting ‘‘re-
duce greenhouse gas emissions and’’ after ‘‘po-
tential to’’; and 
(D) in paragraph (8) by inserting ‘‘green-
house gas emissions,’’ after ‘‘pollution,’’; 
(5) in subsection (g)— 
(A) in paragraph (1)(A) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(B) in paragraph (3) by striking ‘‘opera-
tors),,’’ and inserting ‘‘operators),’’; 
(C) in paragraph (4) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’ each place it appears; 
(D) in paragraph (5)— 
(i) in subparagraph (A) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
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(ii) in subparagraph (B)(ii) by strik-
ing ‘‘metropolitan transportation improve-
ment program’’ and inserting ‘‘TIP’’; 
(iii) in subparagraph (C) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’ each place it ap-
pears; 
(iv) in subparagraph (E) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(v) in subparagraph (F)(i) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’ each place it ap-
pears; 
(vi) in subparagraph (G)(ii) by strik-
ing ‘‘transportation improvement program’’ 
and inserting ‘‘STIP’’; and 
(vii) in subparagraph (H) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(E) in paragraph (6)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘transportation 
improvement program’’ and inserting 
‘‘STIP’’; and 
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(II) by striking ‘‘and projects 
carried out under the bridge program 
or the Interstate maintenance pro-
gram’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘or under the 
bridge program or the Interstate 
maintenance program’’; 
(II) by striking ‘‘5310, 5311, 
5316, and 5317’’ and inserting ‘‘5310 
and 5311’’; and 
(III) 
by 
striking 
‘‘statewide 
transportation improvement program’’ 
and inserting ‘‘STIP’’; 
(F) in paragraph (7)— 
(i) in the heading by striking ‘‘TRANS-
PORTATION IMPROVEMENT PROGRAM’’ and 
inserting ‘‘STIP’’; and 
(ii) by striking ‘‘transportation im-
provement 
program’’ 
and 
inserting 
‘‘STIP’’; 
(G) in paragraph (8) by striking ‘‘state-
wide transportation plans and programs’’ and 
inserting ‘‘statewide transportation plans and 
STIPs’’; and 
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(H) in paragraph (9) by striking ‘‘trans-
portation improvement program’’ and inserting 
‘‘STIP’’; 
(6) in subsection (h)(2)(A) by striking ‘‘Not 
later than 5 years after the date of enactment of the 
MAP–21,’’ and inserting ‘‘Not less frequently than 
once every 4 years,’’; 
(7) in subsection (k) by striking ‘‘transportation 
improvement program’’ and inserting ‘‘STIP’’ each 
place it appears; and 
(8) in subsection (m) by striking ‘‘transpor-
tation 
improvement 
programs’’ 
and 
inserting 
‘‘STIPs’’. 
SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGE-
MENT MEASURES. 
(a) IN GENERAL.—Section 150 of title 23, United 
States Code, is amended— 
(1) in subsection (b)— 
(A) in paragraph (1) by inserting ‘‘or 
elimination’’ after ‘‘significant reduction’’; 
(B) by redesignating paragraph (7) as 
paragraph (8); and 
(C) by inserting after paragraph (6) the 
following: 
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‘‘(7) COMBATING
CLIMATE
CHANGE.—To re-
duce carbon dioxide and other greenhouse gas emis-
sions and reduce the climate impacts of the trans-
portation system.’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘Not 
later than 18 months after the date of enact-
ment of the MAP–21, the Secretary’’ and in-
serting ‘‘The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(7) GREENHOUSE GAS EMISSIONS.—The Sec-
retary shall establish, in consultation with the Ad-
ministrator of the Environmental Protection Agency, 
measures for States to use to assess— 
‘‘(A) carbon dioxide emissions per capita 
on public roads; 
‘‘(B) carbon dioxide emissions using dif-
ferent parameters than described in subpara-
graph (A) that the Secretary determines to be 
appropriate; and 
‘‘(C) any other greenhouse gas emissions 
on public roads that the Secretary determines 
to be appropriate.’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
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(i) by striking ‘‘Not later than 1 year 
after the Secretary has promulgated the 
final rulemaking under subsection (c), 
each’’ and inserting ‘‘Each’’; and 
(ii) by striking ‘‘and (6)’’ and insert-
ing ‘‘(6), and (7)’’; and 
(B) by adding at the end the following: 
‘‘(3) REGRESSIVE TARGETS.— 
‘‘(A) IN GENERAL.—A State may not es-
tablish a regressive target for the measures de-
scribed under paragraph (4) or paragraph (7) 
of subsection (c). 
‘‘(B) REGRESSIVE TARGET DEFINED.—In 
this paragraph, the term ‘regressive target’ 
means a target that fails to demonstrate con-
stant or improved performance for a particular 
measure.’’; 
(4) in subsection (e)— 
(A) by striking ‘‘Not later than 4 years 
after the date of enactment of the MAP–21 and 
biennially thereafter, a’’ and inserting ‘‘A’’; and 
(B) by inserting ‘‘biennial’’ after ‘‘the Sec-
retary a’’; and 
(5) by adding at the end the following: 
‘‘(f) TRANSPORTATION SYSTEM ACCESS.— 
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‘‘(1) IN GENERAL.—The Secretary shall estab-
lish measures for States and metropolitan planning 
organizations to use to assess the level of safe, reli-
able, and convenient transportation system access 
to— 
‘‘(A) employment; and 
‘‘(B) services. 
‘‘(2) CONSIDERATIONS.—The measures estab-
lished pursuant to paragraph (1) shall include the 
ability for States and metropolitan planning organi-
zations to assess— 
‘‘(A) the change in the level of transpor-
tation system access for various modes of trav-
el, including connection to other modes of 
transportation, that would result from new 
transportation investments; 
‘‘(B) the level of transportation system ac-
cess for economically disadvantaged commu-
nities, including to affordable housing; and 
‘‘(C) the extent to which transportation ac-
cess is impacted by zoning policies and land use 
planning practices that effect the affordability, 
elasticity, and diversity of the housing supply. 
‘‘(3) DEFINITION OF SERVICES.—In this sub-
section, the term ‘services’ includes healthcare facili-
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ties, child care, education and workforce training, 
food sources, banking and other financial institu-
tions, and other retail shopping establishments.’’. 
(b) METROPOLITAN TRANSPORTATION PLANNING; 
TITLE 23.—Section 134 of title 23, United States Code, 
is further amended— 
(1) in subsection (j)(2)(D)— 
(A) by striking ‘‘PERFORMANCE
TARGET 
ACHIEVEMENT’’ in the heading and inserting 
‘‘PERFORMANCE MANAGEMENT’’; 
(B) by striking ‘‘The TIP’’ and inserting 
the following: 
‘‘(i) IN GENERAL.—The TIP’’; and 
(C) by adding at the end the following: 
‘‘(ii) TRANSPORTATION MANAGEMENT 
AREAS.—For metropolitan planning areas 
that represent an urbanized area des-
ignated as a transportation management 
area under subsection (k), the TIP shall 
include— 
‘‘(I) a discussion of the antici-
pated effect of the TIP toward achiev-
ing the performance targets estab-
lished in the metropolitan transpor-
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tation plan, linking investment prior-
ities to such performance targets; and 
‘‘(II) a description of how the an-
ticipated effect of the TIP would im-
prove the overall level of transpor-
tation system access, consistent with 
section 150(f).’’; 
(2) in subsection (k)— 
(A) in paragraph (3)(A)— 
(i) by striking ‘‘shall address conges-
tion management’’ and inserting the fol-
lowing: ‘‘shall address— 
‘‘(i) congestion management’’; 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) the overall level of transportation 
system access for various modes of travel 
within the metropolitan planning area, in-
cluding the level of access for economically 
disadvantaged 
communities, 
consistent 
with section 150(f), that is based on a co-
operatively developed and implemented 
metropolitan-wide strategy, assessing both 
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new and existing transportation facilities 
eligible for funding under this title and 
chapter 53 of title 49.’’; and 
(B) in paragraph (5)(B)— 
(i) in clause (i) by striking ‘‘; and’’ 
and inserting a semicolon; 
(ii) in clause (ii) by striking the pe-
riod and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) the TIP approved under clause 
(ii) makes progress towards improving the 
level of transportation system access, con-
sistent with section 150(f).’’; and 
(3) in subsection (l)(2)— 
(A) by striking ‘‘5 years after the date of 
enactment of the MAP–21’’ and inserting ‘‘2 
years after the date of enactment of the IN-
VEST in America Act, and every 2 years there-
after’’; 
(B) in subparagraph (C) by striking ‘‘and 
whether metropolitan planning organizations 
are developing meaningful performance targets; 
and’’ and inserting a semicolon; and 
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(C) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) a listing of all metropolitan planning 
organizations that are establishing performance 
targets and whether such performance targets 
established by the metropolitan planning orga-
nization are meaningful or regressive (as de-
fined in section 150(d)(3)(B)); and 
‘‘(E) the progress of implementing the 
measure established under section 150(f).’’. 
(c) STATEWIDE AND NONMETROPOLITAN TRANSPOR-
TATION PLANNING; TITLE 23.—Section 135(g)(4) of title 
23, United States Code, is further amended— 
(1) 
by 
striking 
‘‘PERFORMANCE
TARGET 
ACHIEVEMENT’’ in the heading and inserting ‘‘PER-
FORMANCE MANAGEMENT’’; 
(2) by striking ‘‘shall include, to the maximum 
extent practicable, a discussion’’ and inserting the 
following: ‘‘shall include— 
‘‘(A) a discussion’’; 
(3) by striking the period at the end and insert-
ing ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(B) a consideration of the anticipated ef-
fect of the STIP on the overall level of trans-
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portation system access, consistent with section 
150(f).’’. 
(d) METROPOLITAN TRANSPORTATION PLANNING; 
TITLE 49.—Section 5303 of title 49, United States Code, 
is amended— 
(1) in subsection (j)(2)(D)— 
(A) by striking ‘‘PERFORMANCE
TARGET 
ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE 
MANAGEMENT’’; 
(B) by striking ‘‘The transportation im-
provement plan’’ and inserting the following: 
‘‘(i) IN GENERAL.—The TIP’’; and 
(C) by adding at the end the following: 
‘‘(ii) TRANSPORTATION MANAGEMENT 
AREAS.—For metropolitan planning areas 
that represent an urbanized area des-
ignated as a transportation management 
area under subsection (k), the TIP shall 
include— 
‘‘(I) a discussion of the antici-
pated effect of the TIP toward achiev-
ing the performance targets estab-
lished in the metropolitan transpor-
tation plan, linking investment prior-
ities to such performance targets; and 
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‘‘(II) a description of how the an-
ticipated effect of the TIP would im-
prove the overall level of transpor-
tation system access, consistent with 
section 150(f) of title 23.’’; 
(2) in subsection (k)— 
(A) in paragraph (3)(A)— 
(i) by striking ‘‘shall address conges-
tion management’’ and inserting the fol-
lowing: ‘‘shall address— 
‘‘(i) congestion management’’; 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) the overall level of transportation 
system access for various modes of travel 
within the metropolitan planning area, in-
cluding the level of access for economically 
disadvantaged 
communities, 
consistent 
with section 150(f) of title 23, that is 
based on a cooperatively developed and im-
plemented metropolitan-wide strategy, as-
sessing both new and existing transpor-
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tation facilities eligible for funding under 
this chapter and title 23.’’; and 
(B) in paragraph (5)(B)— 
(i) in clause (i) by striking ‘‘; and’’ 
and inserting a semicolon; 
(ii) in clause (ii) by striking the pe-
riod and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) the TIP approved under clause 
(ii) makes progress towards improving the 
level of transportation system access, con-
sistent with section 150(f) of title 23.’’; 
and 
(3) in subsection (l)(2)— 
(A) by striking ‘‘5 years after the date of 
enactment of the Federal Public Transportation 
Act of 2012’’ and inserting ‘‘2 years after the 
date of enactment of the INVEST in America 
Act, and every 2 years thereafter,’’; 
(B) in subparagraph (C) by striking ‘‘and 
whether metropolitan planning organizations 
are developing meaningful performance targets; 
and’’ and inserting a semicolon; and 
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(C) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) a listing of all metropolitan planning 
organizations that are establishing performance 
targets and whether such performance targets 
established by the metropolitan planning orga-
nization are meaningful or regressive (as de-
fined in section 150(d)(3)(B) of title 23); and 
‘‘(E) the progress of implementing the 
measure established under section 150(f) of 
title 23.’’. 
(e) STATEWIDE AND NONMETROPOLITAN TRANSPOR-
TATION PLANNING; TITLE 49.—Section 5304(g)(4) of 
title 49, United States Code, is amended— 
(1) 
by 
striking 
‘‘PERFORMANCE
TARGET 
ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE MAN-
AGEMENT’’; 
(2) by striking ‘‘shall include, to the maximum 
extent practicable, a discussion’’ and inserting the 
following: ‘‘shall include— 
‘‘(A) a discussion’’; 
(3) by striking the period at the end and insert-
ing ‘‘; and’’; 
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(4) by striking ‘‘statewide transportation im-
provement program’’ and inserting ‘‘STIP’’ each 
place it appears; and 
(5) by adding at the end the following: 
‘‘(B) a consideration of the anticipated ef-
fect of the STIP on the overall level of trans-
portation system access, consistent with section 
150(f) of title 23.’’. 
(f) SAVINGS CLAUSE.— 
(1) REGRESSIVE TARGETS.—The prohibition in 
the amendment made by subsection (a)(3)(B) shall 
apply to States beginning on the date that is 1 year 
before the subsequent State target and reporting 
deadlines related to safety performance management 
established pursuant to section 150 of title 23, 
United States Code. 
(2) ACCESS
PLANNING
REQUIREMENTS.—The 
requirements in the amendments made by sub-
sections (b), (c), (d), and (e) shall apply beginning 
on the date on which the requirements for the meas-
ure described in section 150(f) of title 23, United 
States Code, take effect. 
(g) DEVELOPMENT
OF GREENHOUSE GAS MEAS-
URE.—Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall issue 
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such regulations as are necessary to carry out paragraph 
(7) of section 150(c) of title 23, United States Code, as 
added by this Act. 
(h) DEVELOPMENT
OF TRANSPORTATION SYSTEM 
ACCESS MEASURE.— 
(1) ESTABLISHMENT.—Not later than 120 days 
after the date of enactment of this Act, the Sec-
retary of Transportation shall establish a working 
group to assess the provisions of paragraphs (1) and 
(2) of section 150(f) and make recommendations re-
garding the establishment of measures for States 
and metropolitan planning organizations to use to 
assess the level of transportation system access for 
various modes of travel, consistent with section 
150(f) of title 23, United States Code. 
(2) MEMBERS.—The working group established 
pursuant to paragraph (1) shall include representa-
tives from— 
(A) the Department of Transportation; 
(B) State departments of transportation, 
including representatives that specialize in pe-
destrian and bicycle safety; 
(C) the Bureau of Transportation Statis-
tics; 
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(D) metropolitan planning organizations 
representing transportation management areas 
(as those terms are defined in section 134 of 
title 23, United States Code); 
(E) other metropolitan planning organiza-
tions or local governments; 
(F) providers of public transportation; 
(G) nonprofit entities related to transpor-
tation, including relevant safety groups; 
(H) experts in the field of transportation 
access data; and 
(I) any other stakeholders, as determined 
by the Secretary. 
(3) REPORT.— 
(A) SUBMISSION.—Not later than 1 year 
after the establishment of the working group 
pursuant to paragraph (1), the working group 
shall submit to the Secretary a report of rec-
ommendations regarding the establishment of 
measures for States and metropolitan planning 
organizations to use to assess the level of trans-
portation system access, consistent with section 
150(f) of title 23, United States Code. 
(B) PUBLICATION.—Not later than 30 
days after the date on which the Secretary re-
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ceives the report under subparagraph (A), the 
Secretary shall publish the report on a publicly 
accessible website of the Department of Trans-
portation. 
(4) RULEMAKING.—Not later than 2 years after 
the date on which the Secretary receives the report 
under paragraph (3), the Secretary shall issue such 
regulations as are necessary to implement the re-
quirements of section 150(f) of title 23, United 
States Code. 
(5) TERMINATION.—The Secretary shall termi-
nate the working group established pursuant to 
paragraph (1) on the date on which the regulation 
issued pursuant to paragraph (4) takes effect. 
(i) TRANSPORTATION SYSTEM ACCESS DATA.— 
(1) IN GENERAL.—Not later than 90 days after 
the date on which the Secretary of Transportation 
establishes the measure required under section 
150(f) of title 23, United States Code, the Secretary 
shall develop or procure eligible transportation sys-
tem access data sets and analytical tools and make 
such data sets and analytical tools available to State 
departments of transportation and metropolitan 
planning areas that represent transportation man-
agement areas. 
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(2) REQUIREMENTS.—An eligible transpor-
tation system access data set and analytical tool 
shall have the following characteristics: 
(A) The ability to quantify the level of 
safe, reliable, and convenient transportation 
system access to— 
(i) employment; 
(ii) services; and 
(iii) connections to other modes of 
transportation. 
(B) The ability to quantify transportation 
system access for various modes of travel, in-
cluding— 
(i) driving; 
(ii) public transportation; 
(iii) walking (including conveyance for 
persons with disabilities); and 
(iv) cycling (including micromobility). 
(C) The ability to disaggregate the level of 
transportation system access by various trans-
portation modes by a variety of population cat-
egories, including— 
(i) low-income populations; 
(ii) minority populations; 
(iii) age; 
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(iv) disability; and 
(v) geographical location. 
(D) The ability to assess the change in the 
level of transportation system access that would 
result from new transportation investments. 
(3) CONSIDERATION.—An eligible transpor-
tation system access data set and analytical tool 
shall take into consideration safe and connected net-
works for walking, cycling, and persons with disabil-
ities. 
(j) DEFINITIONS.—In this section: 
(1) TRANSPORTATION
SYSTEM
ACCESS.—The 
term ‘‘transportation system access’’ has the mean-
ing given such term in section 101 of title 23, 
United States Code. 
(2) SERVICES.—The term ‘‘services’’ has the 
meaning given such term in section 150(f) of title 
23, United States Code. 
SEC. 1404. TRANSPORTATION DEMAND DATA AND MOD-
ELING STUDY. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation shall conduct a study on transportation de-
mand data and modeling, including transportation 
demand forecasting, and make recommendations for 
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developing and utilizing transportation and traffic 
demand models with a demonstrated record of accu-
racy. 
(2) CONTENTS.—In carrying out the study 
under this section, the Secretary shall— 
(A) collect observed transportation demand 
data and transportation demand forecasts from 
States and metropolitan planning organizations, 
including data and forecasts on— 
(i) traffic counts; 
(ii) transportation mode share and 
public transportation ridership; 
(iii) vehicle occupancy measures; and 
(iv) travel demand impacts from state 
and local transportation demand manage-
ment programs; 
(B) compare the transportation demand 
forecasts with the observed transportation de-
mand data gathered under subparagraph (A), 
including an analysis of the level of accuracy of 
forecasts and possible reasons for large discrep-
ancies; and 
(C) use the information described in sub-
paragraphs (A) and (B) to— 
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(i) develop best practices and guid-
ance for States and metropolitan planning 
organizations to use in forecasting trans-
portation demand for future investments in 
transportation improvements; 
(ii) evaluate the impact of transpor-
tation investments, including new roadway 
capacity, on transportation behavior and 
transportation demand, including public 
transportation ridership, induced highway 
transportation, and congestion; 
(iii) support more accurate transpor-
tation demand forecasting by States and 
metropolitan planning organizations; 
(iv) enhance the capacity of States 
and metropolitan planning organizations 
to— 
(I) forecast transportation de-
mand; and 
(II) track observed transpor-
tation behavior responses, including 
induced transportation, to changes in 
transportation capacity, pricing, and 
land use patterns; and 
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(v) develop transportation demand 
management strategies to maximize the ef-
ficiency of the transportation system, im-
prove mobility, reduce congestion, and 
lower vehicle emissions. 
(3) COVERED ENTITIES.—In carrying out the 
study under this section, the Secretary shall ensure 
that data and forecasts described in paragraph 
(2)(A) are collected from— 
(A) States; 
(B) metropolitan planning organizations 
that serve an area with a population of 200,000 
people or fewer; and 
(C) metropolitan planning organizations 
that serve an area with a population of over 
200,000 people. 
(4) WORKING WITH THE PRIVATE SECTOR.—In 
carrying out this section, the Secretary may, and is 
encouraged to, procure additional data as necessary 
from university transportation centers, private sector 
providers, and other entities as is needed and may 
use funds authorized under section 503(b) of title 
23, United States Code, for carrying out this para-
graph. 
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(5) 
WORKING
WITH
AFFECTED
COMMU-
NITIES.—In carrying out this section, the Secretary 
shall consult with, and collect data and input from, 
representatives of— 
(A) the Department of Transportation; 
(B) State departments of transportation; 
(C) metropolitan planning organizations; 
(D) local governments; 
(E) providers of public transportation; 
(F) nonprofit entities related to transpor-
tation, including safety, cycling, disability, and 
equity groups; and 
(G) any other stakeholders, as determined 
by the Secretary. 
(b) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall submit to 
Congress a report containing the findings of the study 
conducted under subsection (a). 
(c) SECRETARIAL SUPPORT.—The Secretary shall 
seek opportunities to support the transportation planning 
processes under sections 134 and 135 of title 23, United 
States Code, through the provision of data to States and 
metropolitan planning organizations to improve the qual-
ity of transportation plans, models, and demand forecasts. 
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(d) UPDATE GUIDANCE AND REGULATIONS.—The 
Secretary shall— 
(1) update Department of Transportation guid-
ance and procedures to utilize best practices docu-
mented throughout the Federal program; and 
(2) ensure that best practices included in the 
report are incorporated into appropriate regulations 
as such regulations are updated. 
(e) CONTINUING
IMPROVEMENT.—The Secretary 
shall set out a process to repeat the study under this sec-
tion every 2 years as part of the conditions and perform-
ance report, including— 
(1) progress in the accuracy of model projec-
tions; 
(2) further recommendations for improvement; 
and 
(3) further changes to guidance, regulation, and 
procedures required for the Department of Trans-
portation to adopt best practices. 
SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANS-
PORTATION PLANS. 
Not later than 1 year after the date of enactment 
of 
this 
Act, 
the 
Secretary 
shall 
amend 
section 
450.324(f)(11)(v) of title 23, Code of Federal Regulations, 
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to ensure that the outer years of a metropolitan transpor-
tation plan are defined as ‘‘beyond the first 4 years’’. 
Subtitle E—Federal Lands, Tribes, 
and Territories 
SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PRO-
GRAM. 
(a) IN GENERAL.—Section 165 of title 23, United 
States Code, is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) ANNUAL ALLOCATION.—For the Puerto Rico 
and territorial highway program, there shall be made 
available— 
‘‘(1) $340,000,000 for the Puerto Rico highway 
program under subsection (b) for each of fiscal years 
2023 through 2026; and 
‘‘(2) for the territorial highway program under 
subsection (c)— 
‘‘(A) an amount equivalent to 0.002 of the 
amount 
made 
available 
under 
section 
1101(a)(1)(A) of the INVEST in America Act 
for fiscal year 2023; 
‘‘(B) an amount equivalent to 0.002 of the 
amount 
made 
available 
under 
section 
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1101(a)(1)(B) of the INVEST in America Act 
for fiscal year 2024; 
‘‘(C) an amount equivalent to 0.002 of the 
amount 
made 
available 
under 
section 
1101(a)(1)(C) of the INVEST in America Act 
for fiscal year 2025; and 
‘‘(D) an amount equivalent to 0.002 of the 
amount 
made 
available 
under 
section 
1101(a)(1)(D) of the INVEST in America Act 
for fiscal year 2026.’’; 
(2) in subsection (b)(2) by adding at the end 
the following: 
‘‘(D) TRANSFERABILITY.—Of the amounts 
described in clauses (i) and (ii) of subparagraph 
(C) for the Puerto Rico highway program, 
Puerto Rico may transfer not to exceed 50 per-
cent in a fiscal year of such amounts for activi-
ties described in clause (iii) of such subpara-
graph.’’. 
(3) in subsection (c)(6)(A)— 
(A) by redesignating clauses (iv), (v), (vi), 
and (vii) as clauses (v), (vi), (vii), and (viii), re-
spectively; and 
(B) by inserting after clause (iii) the fol-
lowing: 
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‘‘(iv) Ferry boats and terminal facili-
ties that are privately or majority privately 
owned, in accordance with paragraphs (1), 
(2), (4), (5), (6), and (7) of section 129(c), 
that provide a substantial public benefit.’’; 
and 
(4) by adding at the end the following: 
‘‘(d) PARTICIPATION OF TERRITORIES IN DISCRE-
TIONARY PROGRAMS.—For any program in which the Sec-
retary may allocate funds out of the Highway Trust Fund 
(other than the Mass Transit Account) to a State at the 
discretion of the Secretary, the Secretary may allocate 
funds to one or more territory for any project or activity 
that otherwise would be eligible under such program if 
such project or activity was being carried out in a State.’’. 
(b) ACCESS
AND DEVELOPMENT ROADS.—Section 
118(d) of title 23, United States Code, is amended by 
striking ‘‘and the Commonwealth of Puerto Rico’’ and in-
serting ‘‘, the Commonwealth of Puerto Rico, and any 
other territory of the United States’’. 
SEC. 1502. TRIBAL TRANSPORTATION PROGRAM. 
Section 202 of title 23, United States Code, is 
amended— 
(1) in subsection (d)— 
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(A) in paragraph (1) by striking ‘‘improv-
ing deficient’’ and inserting ‘‘the construction 
and reconstruction of’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A) by inserting 
‘‘construct,’’ after ‘‘project to’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘deficient’’; and 
(II) by inserting ‘‘in poor condi-
tion’’ after ‘‘facility bridges’’; and 
(C) in paragraph (3)— 
(i) in the heading by striking ‘‘ELIGI-
BLE BRIDGES’’ and inserting ‘‘ELIGIBILITY 
FOR EXISTING BRIDGES’’; 
(ii) by striking ‘‘a bridge’’ and insert-
ing ‘‘an existing bridge’’; and 
(iii) in subparagraph (C) by striking 
‘‘structurally deficient or functionally obso-
lete’’ and inserting ‘‘in poor condition’’; 
and 
(2) in subsection (e)(1)— 
(A) by striking ‘‘2 percent’’ and inserting 
‘‘4 percent’’; and 
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(B) by striking ‘‘for eligible projects de-
scribed in section 148(a)(4).’’ and inserting the 
following: ‘‘for— 
‘‘(A) eligible projects described in section 
148(a)(4); 
‘‘(B) projects to promote public awareness 
and education concerning highway safety mat-
ters (including bicycle, all-terrain, motorcyclist, 
and pedestrian safety); or 
‘‘(C) projects to enforce highway safety 
laws.’’. 
SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 
(a) TRIBAL TRANSPORTATION PROGRAM.—Section 
202 of title 23, United States Code, is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 
Before making any distribution under subsection (b), the 
Secretary shall set aside $50,000,000 from the funds 
made available under the tribal transportation program 
for each fiscal year to carry out the Tribal High Priority 
Projects program under section 1123 of MAP–21 (23 
U.S.C. 202 note).’’. 
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(b) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 
Section 1123 of MAP–21 (23 U.S.C. 202 note) is amend-
ed— 
(1) in subsection (a)(1)(C) by striking ‘‘re-
quired by that section’’ and inserting ‘‘required 
under such program’’; 
(2) in subsection (b)(1) by striking ‘‘use 
amounts made available under subsection (h) to’’; 
(3) in subsection (d)— 
(A) in paragraph (2) by inserting ‘‘, in 
consultation with the Secretary of the Interior,’’ 
after ‘‘The Secretary’’; and 
(B) in paragraph (3) by striking ‘‘of the 
Interior’’ each place it appears; 
(4) in subsection (f) by striking ‘‘$1,000,000’’ 
and inserting ‘‘$5,000,000’’; 
(5) in subsection (g) by striking ‘‘and the Sec-
retary’’ and inserting ‘‘or the Secretary’’; and 
(6) by striking subsection (h) and inserting the 
following: 
‘‘(h) ADMINISTRATION.—The funds made available to 
carry out this section shall be administered in the same 
manner as funds made available for the Tribal transpor-
tation program under section 202 of title 23, United 
States Code.’’. 
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SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM. 
(a) IN GENERAL.—Section 203(a) of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(6) TRANSFER
FOR
HIGH-COMMUTER
COR-
RIDORS.— 
‘‘(A) REQUEST.—If the head of a covered 
agency determines that a high-commuter cor-
ridor requires additional investment, based on 
the criteria described in subparagraph (D), the 
head of a covered agency, with respect to such 
corridor, shall submit to the State— 
‘‘(i) information on condition of pave-
ments and bridges; 
‘‘(ii) an estimate of the amounts need-
ed to bring such corridor into a state of 
good repair, taking into consideration any 
planned future investments; and 
‘‘(iii) at the discretion of the head of 
a covered agency, a request that the State 
transfer to the covered agency, under the 
authority of section 132 or section 204, or 
to the Federal Highway Administration, 
under the authority of section 104, a por-
tion of such amounts necessary to address 
the condition of the corridor. 
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‘‘(B) STATE
RESPONSE.—Not later than 
45 days after the date of receipt of the request 
described in subparagraph (A)(iii), the State 
shall— 
‘‘(i) approve the request; 
‘‘(ii) deny the request and explain the 
reasons for such denial; or 
‘‘(iii) request any additional informa-
tion necessary to take action on the re-
quest. 
‘‘(C) 
NOTIFICATION
TO
THE
SEC-
RETARY.—The head of a covered agency shall 
provide to the Secretary a copy of any request 
described under subparagraph (A)(iii) and re-
sponse described under subparagraph (B). 
‘‘(D) CRITERIA.—In making a determina-
tion under subparagraph (A), the head of a cov-
ered agency, with respect to the corridor, shall 
consider— 
‘‘(i) the condition of roads, bridges, 
and tunnels; and 
‘‘(ii) the average annual daily traffic. 
‘‘(E) DEFINITIONS.—In this paragraph: 
‘‘(i) COVERED
AGENCY.—The term 
‘covered agency’ means a Federal agency 
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eligible to receive funds under this section, 
section 203, or section 204, including the 
Army Corps of Engineers, Bureau of Rec-
lamation, and the Bureau of Land Man-
agement. 
‘‘(ii) HIGH-COMMUTER
CORRIDOR.— 
The term ‘high-commuter corridor’ means 
a Federal lands transportation facility that 
has an average annual daily traffic of not 
less than 20,000 vehicles.’’. 
(b) GAO STUDY REGARDING NPS MAINTENANCE.— 
(1) STUDY.—The Comptroller General of the 
United States shall study the National Park Service 
maintenance prioritization of Federal lands trans-
portation facilities. 
(2) CONTENTS.—At minimum, the study under 
paragraph (1) shall examine— 
(A) general administrative maintenance of 
the National Park Service; 
(B) how the National Park Service cur-
rently prioritizes maintenance of Federal facili-
ties covered under the Federal Lands Transpor-
tation Program; 
(C) what kind of maintenance the National 
Parkway Service is performing; 
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(D) to what degree does the National Park 
Service prioritize high-commuter corridors; and 
(E) how the National Park Service can 
better service the needs of high commuter cor-
ridors. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller Gen-
eral shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Environment and Pub-
lic Works of the Senate a report summarizing the 
study and the results of such study, including rec-
ommendations for addressing the maintenance needs 
and prioritization of high-commuter corridors. 
(4) DEFINITION
OF
HIGH-COMMUTER
COR-
RIDOR.—In this section, the term ‘‘high-commuter 
corridor’’ means a Federal lands transportation fa-
cility that has average annual daily traffic of not less 
than 20,000 vehicles. 
SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS 
PROGRAM. 
(a) IN GENERAL.—Chapter 2 of title 23, United 
States Code, is amended by inserting after section 207 the 
following: 
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‘‘§ 208. Federal lands and Tribal major projects pro-
gram 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a Federal lands and Tribal major projects program 
(referred to in this section as the ‘program’) to provide 
funding to construct, reconstruct, or rehabilitate critical 
Federal lands and Tribal transportation infrastructure. 
‘‘(b) ELIGIBLE APPLICANTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), entities eligible to receive funds under 
sections 201, 202, 203, and 204 may apply for fund-
ing under the program. 
‘‘(2) SPECIAL RULE.—A State, county, or unit 
of local government may only apply for funding 
under the program if sponsored by an eligible Fed-
eral agency or Indian Tribe. 
‘‘(c) ELIGIBLE PROJECTS.—An eligible project under 
the program shall be on a Federal lands transportation 
facility, a Federal lands access transportation facility, or 
a tribal transportation facility, except that such facility is 
not required to be included in an inventory described in 
section 202 or 203, and for which— 
‘‘(1) the project— 
‘‘(A) has completed the activities required 
under the National Environmental Policy Act of 
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1969 (42 U.S.C. 4321 et seq.) which has been 
demonstrated through— 
‘‘(i) a record of decision with respect 
to the project; 
‘‘(ii) a finding that the project has no 
significant impact; or 
‘‘(iii) a determination that the project 
is categorically excluded; or 
‘‘(B) is reasonably expected to begin con-
struction not later than 18 months after the 
date of obligation of funds for the project; and 
‘‘(2) the project has an estimated cost equal to 
or exceeding— 
‘‘(A) $12,500,000 if it is on a Federal 
lands transportation facility or a Federal lands 
access transportation facility; and 
‘‘(B) $5,000,000 if it is on a Tribal trans-
portation facility. 
‘‘(d) ELIGIBLE
ACTIVITIES.—Grant amounts re-
ceived for a project under this section may be used for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, 
environmental review, preliminary engineering and 
design work, and other preconstruction activities; 
and 
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‘‘(2) construction, reconstruction, and rehabili-
tation activities. 
‘‘(e) APPLICATIONS.—Eligible applicants shall submit 
to the Secretary an application at such time, in such form, 
and containing such information as the Secretary may re-
quire. 
‘‘(f) PROJECT REQUIREMENTS.—The Secretary may 
select a project to receive funds under the program only 
if the Secretary determines that the project— 
‘‘(1) improves the condition of critical transpor-
tation facilities, including multimodal facilities; 
‘‘(2) cannot be easily and efficiently completed 
with amounts made available under section 202, 
203, or 204; and 
‘‘(3) is cost effective. 
‘‘(g) MERIT CRITERIA.—In making a grant under 
this section, the Secretary shall consider whether the 
project— 
‘‘(1) will generate state of good repair, resil-
ience, economic competitiveness, quality of life, mo-
bility, or safety benefits; 
‘‘(2) in the case of a project on a Federal lands 
transportation facility or a Federal lands access 
transportation facility, has costs matched by funds 
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that are not provided under this section or this title; 
and 
‘‘(3) generates benefits for land owned by mul-
tiple Federal land management agencies or Indian 
Tribes, or which spans multiple States. 
‘‘(h) EVALUATION AND RATING.—To evaluate appli-
cations, the Secretary shall— 
‘‘(1) determine whether a project meets the re-
quirements under subsection (f); 
‘‘(2) evaluate, through a discernable and trans-
parent methodology, how each application addresses 
one or more merit criteria established under sub-
section (g); 
‘‘(3) assign a rating for each merit criteria for 
each application; and 
‘‘(4) consider applications only on the basis of 
such quality ratings and which meet the minimally 
acceptable level for each of the merit criteria. 
‘‘(i) COST SHARE.— 
‘‘(1) FEDERAL LANDS PROJECTS.— 
‘‘(A) IN GENERAL.—Notwithstanding sec-
tion 120, the Federal share of the cost of a 
project on a Federal lands transportation facil-
ity or a Federal lands access transportation fa-
cility shall be up to 90 percent. 
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‘‘(B) 
NON-FEDERAL
SHARE.—Notwith-
standing any other provision of law, any Fed-
eral funds may be used to pay the non-Federal 
share of the cost of a project carried out under 
this section. 
‘‘(2) TRIBAL PROJECTS.—The Federal share of 
the cost of a project on a Tribal transportation facil-
ity shall be 100 percent. 
‘‘(j) USE OF FUNDS.—For each fiscal year, of the 
amounts made available to carry out this section, not more 
than 50 percent shall be used for eligible projects on Fed-
eral lands transportation facilities or Federal lands access 
transportation facilities and Tribal transportation facili-
ties, respectively.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 2 of title 23, United States Code, is amended by insert-
ing after the item relating to section 207 the following 
new item: 
‘‘208. Federal lands and Tribal major projects program.’’. 
(c) REPEAL.—Section 1123 of the FAST Act (23 
U.S.C. 201 note), and the item related to such section in 
the table of contents under section 1(b) of such Act, are 
repealed. 
SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. 
Section 102 of title 49, United States Code, is 
amended— 
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(1) in subsection (e)(1)— 
(A) by striking ‘‘6 Assistant’’ and inserting 
‘‘7 Assistant’’; 
(B) in subparagraph (C) by striking ‘‘; 
and’’ and inserting a semicolon; 
(C) by redesignating subparagraph (D) as 
subparagraph (E); and 
(D) by inserting after subparagraph (C) 
the following: 
‘‘(D) an Assistant Secretary for Tribal 
Government Affairs, who shall be appointed by 
the President; and’’; and 
(2) in subsection (f)— 
(A) in the heading by striking ‘‘DEPUTY 
ASSISTANT SECRETARY FOR TRIBAL GOVERN-
MENT AFFAIRS’’ and inserting ‘‘OFFICE
OF 
TRIBAL GOVERNMENT AFFAIRS’’; and 
(B) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) ESTABLISHMENT.—There is established in 
the Department an Office of Tribal Government Af-
fairs, under the Assistant Secretary for Tribal Gov-
ernment Affairs, to— 
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‘‘(A) oversee the Tribal transportation self- 
governance program under section 207 of title 
23; 
‘‘(B) plan, coordinate, and implement poli-
cies and programs serving Indian Tribes and 
Tribal organizations; 
‘‘(C) coordinate Tribal transportation pro-
grams and activities in all offices and adminis-
trations of the Department; 
‘‘(D) provide technical assistance to Indian 
Tribes and Tribal organizations; 
‘‘(E) be a participant in any negotiated 
rulemakings relating to, or having an impact 
on, projects, programs, or funding associated 
with the tribal transportation program under 
section 202 of title 23; and 
‘‘(F) ensure that Department programs 
have in place, implement, and enforce require-
ments and obligations for regular and meaning-
ful consultation and collaboration with Tribes 
and Tribal officials under Executive Order No. 
13175 and to serve as the primary advisor to 
the Secretary and other Department compo-
nents regarding violations of those require-
ments.’’. 
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SEC. 1507. ALTERNATIVE CONTRACTING METHODS. 
(a) LAND MANAGEMENT AGENCIES
AND TRIBAL 
GOVERNMENTS.—Section 201 of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may use a con-
tracting method available to a State under this title 
on behalf of— 
‘‘(A) a Federal land management agency, 
with respect to any funds available pursuant to 
section 203 or 204; 
‘‘(B) a Federal land management agency, 
with respect to any funds available pursuant to 
section 1535 of title 31 for any eligible use de-
scribed in sections 203(a)(1) and 204(a)(1) of 
this title; or 
‘‘(C) a Tribal Government, with respect to 
any 
funds 
available 
pursuant 
to 
section 
202(b)(7)(D). 
‘‘(2) METHODS
DESCRIBED.—The contracting 
methods referred to in paragraph (1) shall include, 
at a minimum— 
‘‘(A) project bundling; 
‘‘(B) bridge bundling; 
‘‘(C) design-build contracting; 
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‘‘(D) 2-phase contracting; 
‘‘(E) long-term concession agreements; and 
‘‘(F) any method tested, or that could be 
tested, under an experimental program relating 
to contracting methods carried out by the Sec-
retary. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection— 
‘‘(A) affects the application of the Federal 
share for a project carried out with a con-
tracting method under this subsection; or 
‘‘(B) modifies the point of obligation of 
Federal salaries and expenses.’’. 
(b) USE
OF ALTERNATIVE CONTRACTING METH-
OD.—In carrying out the amendments made by this sec-
tion, the Secretary shall— 
(1) in consultation with the applicable Federal 
land management agencies, establish procedures that 
are— 
(A) applicable to each alternative con-
tracting method; and 
(B) to the maximum extent practicable, 
consistent with requirements for Federal pro-
curement transactions; 
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(2) solicit input on the use of each alternative 
contracting method from any affected industry prior 
to using such method; and 
(3) analyze and prepare an evaluation of the 
use of each alternative contracting method. 
SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES. 
(a) IN GENERAL.—The Commissioner of the Bureau 
of Reclamation may transfer ownership of a bridge that 
is owned by the Bureau of Reclamation if— 
(1) the ownership of the bridge is transferred to 
a State with the concurrence of such State; 
(2) the State to which ownership is transferred 
agrees to operate and maintain the bridge; 
(3) the transfer of ownership complies with all 
applicable Federal requirements, including— 
(A) section 138 of title 23, United States 
Code; 
(B) section 306108 of title 54, United 
States Code; and 
(C) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(4) the Bureau of Reclamation and the State to 
which ownership is being transferred jointly notify 
the Secretary of Transportation of the intent to con-
duct a transfer prior to such transfer. 
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(b) ACCESS.—In a transfer of ownership of a bridge 
under this section, the Commissioner of the Bureau of 
Reclamation— 
(1) shall not be required to transfer ownership 
of the land on which the bridge is located or any ad-
jacent lands; and 
(2) shall make arrangements with the State to 
which ownership is being transferred to allow for 
adequate access to such bridge, including for the 
purposes of construction, maintenance, and bridge 
inspections pursuant to section 144 of title 23, 
United States Code. 
SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO IN-
DIAN TRIBES. 
Not later than January 31 of each year, the Sec-
retary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and 
Public Works of the Senate a report that— 
(1) identifies the number of Indian Tribes that 
were direct recipients of funds under any discre-
tionary Federal highway, transit, or highway safety 
program in the prior fiscal year; 
(2) lists the total amount of such funds made 
available directly to such Tribes; 
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(3) identifies the number and location of Indian 
Tribes that were indirect recipients of funds under 
any formula-based Federal highway, transit, or high-
way safety program in the prior fiscal year; and 
(4) lists the total amount of such funds made 
available indirectly to such tribes through states or 
other direct recipients of Federal highway, transit or 
highway safety funding. 
SEC. 1510. GAO STUDY. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study on the deferred main-
tenance of United States forest roads, including— 
(1) the current backlog; 
(2) the current actions on such maintenance 
and backlog; 
(3) the impacts of public safety due to such de-
ferred maintenance, including wildfire ignitions, sup-
pression, and evacuation routes; and 
(4) recommendations for Congress on ways to 
address such backlog. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of 
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the Senate a report containing the results of the study 
conducted under subsection (a). 
SEC. 1511. FEDERAL LANDS ACCESS PROGRAM. 
(a) IN GENERAL.—Section 204(a) of title 23, United 
States Code, is amended— 
(1) in paragraph (1)(A)— 
(A) in the matter preceding clause (i), by 
inserting ‘‘context-sensitive solutions,’’ after 
‘‘restoration,’’; 
(B) in clause (i), by inserting ‘‘, including 
interpretive panels in or adjacent to those 
areas’’ after ‘‘areas’’; 
(C) in clause (v), by striking ‘‘and’’ at the 
end; 
(D) by redesignating clause (vi) as clause 
(ix); and 
(E) by inserting after clause (v) the fol-
lowing: 
‘‘(vi) contextual wayfinding markers; 
‘‘(vii) landscaping; 
‘‘(viii) cooperative mitigation of visual 
blight, including screening or removal; 
and’’; and 
(2) by adding at the end the following: 
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‘‘(6) NATIVE PLANT MATERIALS.—In carrying 
out an activity described in paragraph (1), the Sec-
retary shall ensure that the entity carrying out the 
activity considers— 
‘‘(A) the use of locally adapted native plant 
materials; and 
‘‘(B) designs that minimize runoff and 
heat generation.’’. 
(b) FEDERAL SHARE.—Section 201(b)(7)(B) of title 
23, United States Code, is amended by striking ‘‘deter-
mined in accordance with section 120’’, and inserting ‘‘up 
to 100 percent’’. 
Subtitle F—Additional Provisions 
SEC. 1601. VISION ZERO. 
(a) IN GENERAL.—A local government, metropolitan 
planning organization, or regional transportation planning 
organization may develop and implement a vision zero 
plan to significantly reduce or eliminate transportation-re-
lated fatalities and serious injuries within a specified time-
frame, not to exceed 20 years. 
(b) USE
OF FUNDS.—Amounts apportioned to a 
State under paragraph (2) or (3) of section 104(b) of title 
23, United States Code, may be used— 
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(1) to carry out vision zero planning under this 
section or a vulnerable road user safety assessment; 
and 
(2) to implement an existing vision zero plan. 
(c) CONTENTS OF PLAN.—A vision zero plan under 
this section shall include— 
(1) a description of programs, strategies, or 
policies intended to significantly reduce or eliminate 
transportation-related fatalities and serious injuries 
within a specified timeframe, not to exceed 20 years, 
that is consistent with a State strategic highway 
safety plan and uses existing transportation data 
and consideration of risk factors; 
(2) plans for implementation of, education of 
the public about, and enforcement of such programs, 
strategies, or policies; 
(3) a description of how such programs, strate-
gies, or policies, and the enforcement of such pro-
grams, strategies, or policies will— 
(A) equitably invest in the safety needs of 
low-income and minority communities; 
(B) ensure that such communities are not 
disproportionately targeted by law enforcement; 
and 
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(C) protect the rights of members of such 
communities with respect to title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.); 
and 
(4) a description of a mechanism to evaluate 
progress of the development and implementation of 
the plan, including the gathering and use of trans-
portation safety and demographic data. 
(d) INCLUSIONS.—A vision zero plan may include a 
complete streets prioritization plan that identifies a spe-
cific list of projects to— 
(1) create a connected network of active trans-
portation facilities, including sidewalks, bikeways, or 
pedestrian and bicycle trails, to connect communities 
and provide safe, reliable, affordable, and convenient 
access to employment, housing, and services, con-
sistent with the goals described in section 150(b) of 
title 23, United States Code; 
(2) integrate active transportation facilities with 
public transportation service or improve access to 
public transportation; and 
(3) improve transportation options for low-in-
come and minority communities. 
(e) COORDINATION.—A vision zero plan under this 
section shall provide for coordination of various subdivi-
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sions of a unit of local government in the implementation 
of the plan, including subdivisions responsible for law en-
forcement, public health, data collection, and public works. 
(f) SAFETY PERFORMANCE MANAGEMENT.—A vision 
zero plan under this section is not sufficient to dem-
onstrate compliance with the safety performance or plan-
ning requirements of section 148 or 150 of title 23, United 
States Code. 
(g) GUIDANCE ON SAFE SYSTEM APPROACH.—The 
Secretary of Transportation shall develop guidance on the 
consideration of a safe system approach in project plan-
ning, scoping, and design to facilitate the implementation 
of vision zero plans under this section and vulnerable road 
user assessments under section 148 of title 23, United 
States Code. 
(h) DEFINITIONS.—In this section, the terms ‘‘safe 
system approach’’ and ‘‘vulnerable road user safety assess-
ment’’ have the meanings given such terms in section 148 
of title 23, United States Code. 
SEC. 1602. SPEED LIMITS. 
(a) SPEED LIMITS.—The Secretary of Transpor-
tation shall revise the Manual on Uniform Traffic Control 
Devices to provide for a safe system approach to setting 
speed limits. 
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(b) CONSIDERATIONS.—In carrying out subpara-
graph (A), the Secretary shall consider— 
(1) crash statistics; 
(2) road geometry characteristics; 
(3) roadside characteristics; 
(4) traffic volume; 
(5) the possibility and likelihood of human 
error; 
(6) human injury tolerance; 
(7) the results and recommendations of the Na-
tional Academies of Sciences, Engineering, and Med-
icine report entitled ‘‘Development of a Posted 
Speed Limit Setting Procedure and Tool’’, issued 
March 2021; 
(8) the safety recommendations issued by the 
National Transportation Safety Board on August 
15, 2017, numbered H–17–27 and H–17–28; 
(9) the prevalence of vulnerable road users; and 
(10) any other consideration, consistent with a 
safe system approach, as determined by the Sec-
retary. 
(c) REPORT
ON SPEED MANAGEMENT PROGRAM 
PLAN.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall update and report on the 
implementation progress of the Speed Management Pro-
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gram Plan of the Department of Transportation, as de-
scribed in the safety recommendation issued by the Na-
tional Transportation Safety Board on August 15, 2017, 
numbered H–17–018. 
(d) STUDY ON SPEED LIMIT METHODOLOGIES.—Not 
later than 2 years after the date of enactment of this Act, 
the Secretary shall conduct a study of current speed limit 
setting methodologies across the country and develop best- 
practices for such methodologies, taking into consideration 
context sensitive design principles (as such term is defined 
in section 101 of title 23, United States Code). 
(e) DEFINITIONS.—In this section, the terms ‘‘safe 
system approach’’ and ‘‘vulnerable road user’’ have the 
meanings given such terms in section 148(a) of title 23, 
United States Code. 
SEC. 1603. DIG ONCE FOR BROADBAND INFRASTRUCTURE 
DEPLOYMENT. 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE STATE AGENCY.—The term 
‘‘appropriate State agency’’ means a State govern-
mental agency that is recognized by the executive 
branch of the State as having the experience nec-
essary to evaluate and facilitate the installation and 
operation of broadband infrastructure within the 
State. 
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costs of a covered highway construc-
tion project by 1.5 percent or greater; 
(IV) 
the 
installation 
of 
broadband conduit associated with the 
covered highway construction project 
is not reasonably expected to be uti-
lized 
or 
connected 
to 
future 
broadband infrastructure in the 20 
years following the date on which such 
determination is made, as determined 
by the State department of transpor-
tation, in consultation with appro-
priate State agencies and potentially 
affected local governments and Indian 
tribes; 
(V) the requirements of this 
paragraph would require installation 
of conduit redundant with a dig once 
requirement of a local government or 
Indian tribe; 
(VI) there exists a circumstance 
involving force majeure; or 
(VII) the installation of conduit 
is not appropriate based on other rel-
evant factors established by the Sec-
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retary in consultation with the NTIA 
Administrator through regulation. 
(ii) CONTENTS OF WAIVER.—A waiver 
authorized 
under 
this 
subparagraph 
shall— 
(I) identify the covered highway 
construction project; and 
(II) include a brief description of 
the determination of the State for 
issuing such waiver. 
(iii) AVAILABILITY OF WAIVER.—Noti-
fication of a waiver authorized under this 
subparagraph shall be made publicly avail-
able, such as on a public website of the 
State department of transportation de-
scribed in paragraph (2)(B). 
(iv) WAIVER DETERMINATION.— 
(I) IN GENERAL.—The State de-
partment of transportation shall be 
responsible for the waiver determina-
tion described under this paragraph, 
consistent with the regulation issued 
pursuant to this subsection, and may 
grant a programmatic waiver for cat-
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referred to as the ‘‘Working Group’’) to conduct a study 
on access to covered resources for infrastructure projects. 
(b) MEMBERSHIP.— 
(1) APPOINTMENT.—The Secretary shall ap-
point to the Working Group individuals with knowl-
edge and expertise in the production and transpor-
tation of covered resources. 
(2) REPRESENTATION.—The Working Group 
shall include at least one representative of each of 
the following: 
(A) State departments of transportation. 
(B) State agencies associated with covered 
resources protection. 
(C) State planning and geologic survey and 
mapping agencies. 
(D) Commercial motor vehicle operators, 
including small business operators and opera-
tors who transport covered resources. 
(E) Covered resources producers. 
(F) Construction contractors. 
(G) Labor organizations. 
(H) Metropolitan planning organizations 
and regional planning organizations. 
(I) Indian Tribes. 
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