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paragraph (1) and establish the standards and meas-
ures described in paragraph (4). 
‘‘(g) INTERSTATE SYSTEM AND NHS BRIDGE CONDI-
TIONS.— 
‘‘(1) CONDITION OF INTERSTATE SYSTEM.— 
‘‘(A) PENALTY.—If, during 2 consecutive re-
porting periods, the condition of the Interstate 
System, excluding bridges on the Interstate Sys-
tem, in a State falls below the minimum condi-
tion level established by the Secretary under sub-
section (f)(4)(A)(iv), the State shall be required, 
during the following fiscal year— 
‘‘(i) to obligate, from the amounts ap-
portioned to the State under section 
104(b)(1), an amount that is not less than 
the amount of funds apportioned to the 
State for fiscal year 2009 under the Inter-
state maintenance program for the purposes 
described in this section (as in effect on the 
day before the date of enactment of the 
MAP–21), except that for each year after 
fiscal year 2013, the amount required to be 
obligated under this clause shall be in-
creased by 2 percent over the amount re-
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quired to be obligated in the previous fiscal 
year; and 
‘‘(ii) to transfer, from the amounts ap-
portioned to the State under section 
104(b)(2) (other than amounts suballocated 
to metropolitan areas and other areas of the 
State under section 133(d)) to the appor-
tionment 
of 
the 
State 
under 
section 
104(b)(1), an amount equal to 10 percent of 
the amount of funds apportioned to the 
State for fiscal year 2009 under the Inter-
state maintenance program for the purposes 
described in this section (as in effect on the 
day before the date of enactment of the 
MAP–21). 
‘‘(B) RESTORATION.—The obligation re-
quirement for the Interstate System in a State 
required by subparagraph (A) for a fiscal year 
shall remain in effect for each subsequent fiscal 
year until such time as the condition of the 
Interstate System in the State exceeds the min-
imum condition level established by the Sec-
retary under subsection (f)(4)(A)(iv). 
‘‘(2) CONDITION OF NHS BRIDGES.—
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‘‘(A) PENALTY.—If, during 2 consecutive re-
porting periods, the condition of bridges on the 
National Highway System in a State falls below 
the minimum condition level established by the 
Secretary under subsection (f)(4)(A)(iv), the 
State shall be required, during the following fis-
cal year— 
‘‘(i) to obligate, from the amounts ap-
portioned to the State under section 
104(b)(1), an amount for bridges on the Na-
tional Highway System that is not less 
than 50 percent of the amount of funds ap-
portioned to the State for fiscal year 2009 
under the highway bridge program for the 
purposes described in section 144 (as in ef-
fect on the day before the date of enactment 
of the MAP–21), except that for each year 
after fiscal year 2013, the amount required 
to be obligated under this clause shall be in-
creased by 2 percent over the amount re-
quired to be obligated in the previous fiscal 
year; and 
‘‘(ii) to transfer, from the amounts ap-
portioned to the State under section 
104(b)(2) (other than amounts suballocated
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to metropolitan areas and other areas of the 
State under section 133(d)) to the appor-
tionment 
of 
the 
State 
under 
section 
104(b)(1), an amount equal to 10 percent of 
the amount of funds apportioned to the 
State for fiscal year 2009 under the high-
way bridge program for the purposes de-
scribed in section 144 (as in effect on the 
day before the date of enactment of the 
MAP–21). 
‘‘(B) RESTORATION.—The obligation re-
quirement for bridges on the National Highway 
System in a State required by subparagraph (A) 
for a fiscal year shall remain in effect for each 
subsequent fiscal year until such time as the con-
dition of bridges on the National Highway Sys-
tem in the State exceeds the minimum condition 
level established by the Secretary under sub-
section (f)(4)(A)(iv).’’. 
(b) TRANSITION PERIOD.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), until such date as a State has in effect an 
approved asset management plan and has established 
performance targets as described in section 119 of 
title 23, United States Code, that will contribute to
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achieving the national goals for the condition and 
performance of the National Highway System, but 
not later than 18 months after the date on which the 
Secretary promulgates final regulations required 
under section 119(f)(4) of that title, the Secretary 
shall approve obligations of funds apportioned to a 
State to carry out the national highway performance 
program under section 119 of that title, for projects 
that otherwise meet the requirements of that section. 
(2) EXTENSION.—The Secretary may extend the 
transition period for a State under paragraph (1) if 
the Secretary determines that the State has made a 
good faith effort to establish an asset management 
plan and performance targets referred to in that 
paragraph. 
(c) CONFORMING
AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code, is amended by 
striking the item relating to section 119 and inserting the 
following: 
‘‘119. National highway performance program.’’. 
SEC. 1107. EMERGENCY RELIEF. 
Section 125 of title 23, United States Code, is amended 
to read as follows: 
‘‘§ 125. Emergency relief 
‘‘(a) IN GENERAL.—Subject to this section and section 
120, an emergency fund is authorized for expenditure by
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the Secretary for the repair or reconstruction of highways, 
roads, and trails, in any area of the United States, includ-
ing Indian reservations, that the Secretary finds have suf-
fered serious damage as a result of— 
‘‘(1) a natural disaster over a wide area, such as 
by a flood, hurricane, tidal wave, earthquake, severe 
storm, or landslide; or 
‘‘(2) catastrophic failure from any external 
cause. 
‘‘(b) RESTRICTION ON ELIGIBILITY.— 
‘‘(1) DEFINITION OF CONSTRUCTION PHASE.—In 
this subsection, the term ‘construction phase’ means 
the phase of physical construction of a highway or 
bridge facility that is separate from any other identi-
fied phases, such as planning, design, or right-of-way 
phases, in the State transportation improvement pro-
gram. 
‘‘(2) RESTRICTION.—In no case shall funds be 
used under this section for the repair or reconstruc-
tion of a bridge— 
‘‘(A) that has been permanently closed to all 
vehicular traffic by the State or responsible local 
official because of imminent danger of collapse 
due to a structural deficiency or physical dete-
rioration; or
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‘‘(B) if a construction phase of a replace-
ment structure is included in the approved 
Statewide transportation improvement program 
at the time of an event described in subsection 
(a). 
‘‘(c) FUNDING.— 
‘‘(1) IN GENERAL.—Subject to the limitations de-
scribed in paragraph (2), there are authorized to be 
appropriated from the Highway Trust Fund (other 
than the Mass Transit Account) such sums as are nec-
essary to establish the fund authorized by this section 
and to replenish that fund on an annual basis. 
‘‘(2) LIMITATIONS.—The limitations referred to 
in paragraph (1) are that— 
‘‘(A) not more than $100,000,000 is author-
ized to be obligated in any 1 fiscal year com-
mencing after September 30, 1980, to carry out 
this section, except that, if for any fiscal year the 
total of all obligations under this section is less 
than the amount authorized to be obligated for 
the fiscal year, the unobligated balance of that 
amount shall— 
‘‘(i) remain available until expended; 
and
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‘‘(ii) be in addition to amounts other-
wise available to carry out this section for 
each year; and 
‘‘(B)(i) pending such appropriation or re-
plenishment, the Secretary may obligate from 
any funds appropriated at any time for obliga-
tion in accordance with this title, including ex-
isting Federal-aid appropriations, such sums as 
are necessary for the immediate prosecution of 
the work herein authorized; and 
‘‘(ii) funds obligated under this subpara-
graph shall be reimbursed from the appropria-
tion or replenishment. 
‘‘(d) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—The Secretary may expend 
funds from the emergency fund authorized by this sec-
tion only for the repair or reconstruction of highways 
on Federal-aid highways in accordance with this 
chapter, except that— 
‘‘(A) no funds shall be so expended unless 
an emergency has been declared by the Governor 
of the State with concurrence by the Secretary, 
unless the President has declared the emergency 
to be a major disaster for the purposes of the 
Robert T. Stafford Disaster Relief and Emer-
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gency Assistance Act (42 U.S.C. 5121 et seq.) for 
which concurrence of the Secretary is not re-
quired; and 
‘‘(B) the Secretary has received an applica-
tion from the State transportation department 
that includes a comprehensive list of all eligible 
project sites and repair costs by not later than 
2 years after the natural disaster or catastrophic 
failure. 
‘‘(2) COST LIMITATION.— 
‘‘(A) DEFINITION OF COMPARABLE FACIL-
ITY.—In this paragraph, the term ‘comparable 
facility’ means a facility that meets the current 
geometric and construction standards required 
for a facility of comparable capacity and char-
acter to the destroyed facility, except a bridge fa-
cility which may be constructed for the type and 
volume of traffic that the bridge will carry over 
its design life. 
‘‘(B) LIMITATION.—The total cost of a 
project funded under this section may not exceed 
the cost of repair or reconstruction of a com-
parable facility. 
‘‘(3) TERRITORIES.—The total obligations for 
projects under this section for any fiscal year in the
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Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands shall 
not exceed $20,000,000. 
‘‘(4) SUBSTITUTE
TRAFFIC.—Notwithstanding 
any other provision of this section, actual and nec-
essary costs of maintenance and operation of ferry-
boats or additional transit service providing tem-
porary substitute highway traffic service, less the 
amount of fares charged for comparable service, may 
be expended from the emergency fund authorized by 
this section for Federal-aid highways. 
‘‘(e) TRIBAL TRANSPORTATION FACILITIES, FEDERAL 
LANDS TRANSPORTATION FACILITIES, AND PUBLIC ROADS 
ON FEDERAL LANDS.— 
‘‘(1) DEFINITION OF OPEN TO PUBLIC TRAVEL.— 
In this subsection, the term ‘open to public travel’ 
means, with respect to a road, that, except during 
scheduled periods, extreme weather conditions, or 
emergencies, the road is open to the general public for 
use with a standard passenger vehicle, without re-
strictive gates or prohibitive signs or regulations, 
other than for general traffic control or restrictions 
based on size, weight, or class of registration. 
‘‘(2) 
EXPENDITURE
OF
FUNDS.—Notwith-
standing subsection (d)(1), the Secretary may expend
† HR 4348 EAS 
funds from the emergency fund authorized by this sec-
tion, independently or in cooperation with any other 
branch of the Federal Government, a State agency, a 
tribal government, an organization, or a person, for 
the repair or reconstruction of tribal transportation 
facilities, Federal lands transportation facilities, and 
other federally owned roads that are open to public 
travel, whether or not those facilities are Federal-aid 
highways. 
‘‘(3) REIMBURSEMENT.— 
‘‘(A) IN GENERAL.—The Secretary may re-
imburse Federal and State agencies (including 
political subdivisions) for expenditures made for 
projects determined eligible under this section, 
including expenditures for emergency repairs 
made before a determination of eligibility. 
‘‘(B) TRANSFERS.—With respect to reim-
bursements described in subparagraph (A)— 
‘‘(i) those reimbursements to Federal 
agencies and Indian tribal governments 
shall be transferred to the account from 
which the expenditure was made, or to a 
similar account that remains available for 
obligation; and
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‘‘(ii) the budget authority associated 
with the expenditure shall be restored to the 
agency from which the authority was de-
rived and shall be available for obligation 
until the end of the fiscal year following the 
year in which the transfer occurs. 
‘‘(f) TREATMENT OF TERRITORIES.—For purposes of 
this section, the Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Islands 
shall be considered to be States and parts of the United 
States, and the chief executive officer of each such territory 
shall be considered to be a Governor of a State. 
‘‘(g) PROTECTING PUBLIC SAFETY AND MAINTAINING 
ROADWAYS.—The Secretary may use amounts from the 
emergency fund authorized by this section to carry out 
projects that the Secretary determines are necessary to pro-
tect public safety or to maintain or protect roadways that 
have been included within the scope of a prior emergency 
declaration in order to maintain the continuation of road-
way services on roads that are threatened by continuous 
or frequent flooding.’’. 
SEC. 1108. TRANSPORTATION MOBILITY PROGRAM. 
(a) IN GENERAL.—Section 133 of title 23, United 
States Code, is amended to read as follows:
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‘‘§ 133. Transportation mobility program 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
and implement a transportation mobility program under 
this section. 
‘‘(b) PURPOSE.—The purpose of the transportation 
mobility program shall be to assist States and localities in 
improving the conditions and performance on Federal-aid 
highways and on bridges on any public road. 
‘‘(c) ELIGIBLE PROJECTS.—Funds apportioned under 
section 104(b)(2) to carry out the transportation mobility 
program may be obligated for any of following purposes: 
‘‘(1) Construction, reconstruction, rehabilitation, 
resurfacing, restoration, preservation, or operational 
improvements for highways, including construction of 
designated routes of the Appalachian development 
highway system and local access roads under section 
14501 of title 40, United States Code. 
‘‘(2) Replacement (including replacement with 
fill material), rehabilitation, preservation, protection 
(including painting, scour countermeasures, seismic 
retrofits, impact protection measures, security coun-
termeasures, and protection against extreme events) 
and application of calcium magnesium acetate, so-
dium acetate/formate, or other environmentally ac-
ceptable, minimally corrosive anti-icing and deicing 
compositions for bridges (and approaches to bridges
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and other elevated structures) and tunnels on public 
roads of all functional classifications, including any 
such construction or reconstruction necessary to ac-
commodate other transportation modes. 
‘‘(3) Construction of a new bridge or tunnel on 
a new location on a highway, including any such 
construction necessary to accommodate other trans-
portation modes. 
‘‘(4) Inspection and evaluation (within the 
meaning of section 144) of bridges and tunnels on 
public roads of all functional classifications and in-
spection and evaluation of other highway infrastruc-
ture assets, including signs and sign structures, re-
taining walls, and drainage structures. 
‘‘(5) Training of bridge and tunnel inspectors 
(within the meaning of section 144). 
‘‘(6) Capital costs for transit projects eligible for 
assistance under chapter 53 of title 49, including ve-
hicles and facilities, whether publicly or privately 
owned, that are used to provide intercity passenger 
service by bus. 
‘‘(7) Carpool projects, fringe and corridor park-
ing facilities and programs, including electric vehicle 
infrastructure in accordance with section 137, bicycle 
transportation and pedestrian walkways in accord-
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ance with section 217, and the modification of public 
sidewalks to comply with the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12101 et seq.). 
‘‘(8) Highway and transit safety infrastructure 
improvements and programs, installation of safety 
barriers and nets on bridges, hazard eliminations, 
projects to mitigate hazards caused by wildlife, and 
railway-highway grade crossings. 
‘‘(9) Highway and transit research and develop-
ment and technology transfer programs. 
‘‘(10) Capital and operating costs for traffic and 
traveler information monitoring, management, and 
control facilities and programs, including truck stop 
electrification systems. 
‘‘(11) Projects and strategies designed to support 
congestion pricing, including electronic toll collection 
and travel demand management strategies and pro-
grams. 
‘‘(12) Surface transportation planning. 
‘‘(13) Transportation enhancement activities. 
‘‘(14) Recreational trails projects eligible for 
funding under section 206. 
‘‘(15) Construction of ferry boats and ferry ter-
minal facilities eligible for funding under section 
129(c).
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‘‘(16) Border infrastructure projects eligible for 
funding under section 1303 of the SAFETEA–LU 
(Public Law 109–59). 
‘‘(17) Projects, programs, and technical assist-
ance associated with National Scenic Byways, All- 
American Roads, and America’s Byways eligible for 
funding under section 162. 
‘‘(18) Truck parking facilities eligible for fund-
ing under section 1401 of the MAP–21. 
‘‘(19) Safe routes to school projects eligible for 
funding under section 1404 of the SAFETEA–LU (23 
U.S.C. 402 note; Public Law 109–59). 
‘‘(20) Transportation control measures described 
in section 108(f)(1)(A) of the Clean Air Act (42 
U.S.C. 
7408(f)(1)(A)), 
other 
than 
section 
108(f)(1)(A)(xvi) of that Act. 
‘‘(21) Development and implementation of a 
State asset management plan for the National High-
way System in accordance with section 119, includ-
ing data collection, maintenance, and integration and 
the costs associated with obtaining, updating, and li-
censing software and equipment required for risk- 
based asset management and performance-based man-
agement, and for similar activities relating to the de-
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velopment and implementation of a performance- 
based management program for other public roads. 
‘‘(22) In accordance with all applicable Federal 
law (including regulations), participation in natural 
habitat and wetlands mitigation efforts relating to 
projects funded under this title, which may include 
participation in natural habitat and wetlands miti-
gation banks, contributions to statewide and regional 
efforts to conserve, restore, enhance, and create nat-
ural habitats and wetlands, and development of state-
wide and regional natural habitat and wetlands con-
servation and mitigation plans, including any such 
banks, efforts, and plans developed in accordance with 
applicable Federal law (including regulations), on the 
conditions that— 
‘‘(A) contributions to those mitigation ef-
forts may— 
‘‘(i) take place concurrent with or in 
advance of project construction; and 
‘‘(ii) occur in advance of project con-
struction only if the efforts are consistent 
with all applicable requirements of Federal 
law (including regulations) and State 
transportation planning processes; and
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‘‘(B) with respect to participation in a nat-
ural habitat or wetland mitigation effort relating 
to a project funded under this title that has an 
impact that occurs within the service area of a 
mitigation bank, preference is given, to the max-
imum extent practicable, to the use of the miti-
gation bank if the bank contains sufficient avail-
able credits to offset the impact and the bank is 
approved in accordance with applicable Federal 
law (including regulations). 
‘‘(23) Infrastructure-based intelligent transpor-
tation systems capital improvements. 
‘‘(24) Environmental restoration and pollution 
abatement in accordance with section 328. 
‘‘(25) Control of noxious weeds and aquatic nox-
ious weeds and establishment of native species in ac-
cordance with section 329. 
‘‘(26) Improvements to a freight railroad, ma-
rine highway, or intermodal facility, but only to the 
extent that the Secretary concurs with the State 
that— 
‘‘(A) the project will make significant im-
provement to freight movements on the national 
freight network;
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‘‘(B) the public benefit of the project exceeds 
the Federal investment; and 
‘‘(C) the project provides a better return 
than a highway project on a segment of the pri-
mary freight network, except that a State may 
not obligate in excess of 5 percent of funds ap-
portioned to the State under section 104(b)(2) to 
carry out this section for that purpose. 
‘‘(27) Maintenance of and improvements to all 
public roads, including non-State-owned public roads 
and roads on tribal land— 
‘‘(A) that are located within 10 miles of the 
international border between the United States 
and Canada or Mexico; and 
‘‘(B) on which federally owned vehicles com-
prise more than 50 percent of the traffic. 
‘‘(28) Construction, reconstruction, resurfacing, 
restoration, rehabilitation, and preservation of, and 
operational improvements for, any public road if— 
‘‘(A) the public road, and the highway 
project to be carried out with respect to the pub-
lic road, are in the same corridor as, and in 
proximity to—
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‘‘(ii) in areas of the State other than 
urban areas with a population greater than 
5,000; and 
‘‘(iii) in other areas of the State; and 
‘‘(B) 50 percent may be obligated in any 
area of the State. 
‘‘(2) METROPOLITAN AREAS.—Funds attributed 
to an urbanized area under subparagraph (A)(i) may 
be obligated in the metropolitan area established 
under section 134 that encompasses the urbanized 
area. 
‘‘(3) DISTRIBUTION
AMONG
URBANIZED
AREAS 
OF OVER 200,000 POPULATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the amount of funds that a 
State is required to obligate under paragraph 
(1)(A)(i) shall be obligated in urbanized areas 
described in paragraph (1)(A)(i) based on the 
relative population of the areas. 
‘‘(B) OTHER FACTORS.—The State may ob-
ligate the funds described in subparagraph (A) 
based on other factors if the State and the rel-
evant metropolitan planning organizations joint-
ly apply to the Secretary for the permission to
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base the obligation on other factors and the Sec-
retary grants the request. 
‘‘(e) LOCATION OF PROJECTS.—Except as provided in 
subsection (g) and for projects described in paragraphs (2), 
(4), (7), (8), (13), (14), and (19) of subsection (c), for local 
access roads under section 14501 of title 40, United States 
Code, transportation mobility program projects may not be 
undertaken on roads functionally classified as local or rural 
minor collectors. 
‘‘(f) APPLICABILITY OF PLANNING REQUIREMENTS.— 
Programming and expenditure of funds for projects under 
this section shall be consistent with sections 134 and 135. 
‘‘(g) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 
‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—The 
term ‘off-system bridge’ means a highway bridge lo-
cated on a public road, other than a bridge on a Fed-
eral-aid highway. 
‘‘(2) SPECIAL RULE.— 
‘‘(A) SET-ASIDE.—Of the amounts appor-
tioned to a State for fiscal year 2012 and each 
fiscal year thereafter under this section, the State 
shall obligate for activities described in sub-
section (c)(2) for off-system bridges an amount 
that is not less than 15 percent of the amount of
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funds apportioned to the State for the highway 
bridge program for fiscal year 2009. 
‘‘(B) REDUCTION OF EXPENDITURES.—The 
Secretary, after consultation with State and 
local officials, may reduce the requirement for 
expenditures for off-system bridges under sub-
paragraph (A) with respect to the State if the 
Secretary determines that the State has inad-
equate needs to justify the expenditure. 
‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID 
HIGHWAYS.—Notwithstanding any other provision of 
law, with respect to any project not on a Federal-aid 
highway for the replacement of a bridge or rehabilita-
tion of a bridge that is wholly funded from State and 
local sources, is eligible for Federal funds under this 
section, is noncontroversial, is certified by the State 
to have been carried out in accordance with all stand-
ards applicable to such projects under this section, 
and is determined by the Secretary upon completion 
to be no longer a deficient bridge— 
‘‘(A) any amount expended after the date of 
enactment of this subsection from State and local 
sources for the project in excess of 20 percent of 
the cost of construction of the project may be 
credited to the non-Federal share of the cost of
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other bridge projects in the State that are eligible 
for Federal funds under this section; and 
‘‘(B) that crediting shall be conducted in ac-
cordance with procedures established by the Sec-
retary.’’ 
‘‘(h) ADMINISTRATION.— 
‘‘(1) SUBMISSION
OF
PROJECT
AGREEMENT.— 
For each fiscal year, each State shall submit a project 
agreement that— 
‘‘(A) certifies that the State will meet all the 
requirements of this section; and 
‘‘(B) notifies the Secretary of the amount of 
obligations needed to carry out the program 
under this section. 
‘‘(2) 
REQUEST
FOR
ADJUSTMENTS
OF 
AMOUNTS.—Each State shall request from the Sec-
retary such adjustments to the amount of obligations 
referred to in paragraph (1)(B) as the State deter-
mines to be necessary. 
‘‘(3) EFFECT
OF
APPROVAL
BY
THE
SEC-
RETARY.—Approval by the Secretary of a project 
agreement under paragraph (1) shall be deemed a 
contractual obligation of the United States to pay 
transportation mobility program funds made avail-
able under this title.
100 
† HR 4348 EAS 
‘‘(i) OBLIGATION AUTHORITY.— 
‘‘(1) IN GENERAL.—A State that is required to 
obligate, in an urbanized area with an urbanized 
area population of over 200,000 individuals under 
subsection (d), funds apportioned to the State under 
section 104(b)(2) shall make available during the fis-
cal year an amount of obligation authority distrib-
uted to the State for Federal-aid highways and high-
way safety construction programs for use in the area 
that is equal to the product obtained by multi-
plying— 
‘‘(A) the aggregate amount of funds that the 
State is required to obligate in the area under 
subsection (d) during the period; and 
‘‘(B) the ratio that— 
‘‘(i) the aggregate amount of obligation 
authority distributed to the State for Fed-
eral-aid highways and highway safety con-
struction programs during the period; bears 
to 
‘‘(ii) the total of the sums apportioned 
to the State for Federal-aid highways and 
highway safety construction programs (ex-
cluding sums not subject to an obligation 
limitation) during the period.
102 
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SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS. 
Section 143 of title 23, United States Code, is amend-
ed— 
(1) in subsection (b)— 
(A) by striking paragraph (2) and inserting 
the following: 
‘‘(2) FUNDING.— 
‘‘(A) IN
GENERAL.—From administrative 
funds made available under section 104(a), the 
Secretary shall deduct such sums as are nec-
essary, not to exceed $10,000,000 for each of fis-
cal years 2012 and 2013, to carry out this sec-
tion. 
‘‘(B) ALLOCATION OF FUNDS.—Funds made 
available to carry out this section may be allo-
cated to the Internal Revenue Service and the 
States at the discretion of the Secretary, except 
that of funds so made available for each fiscal 
year, $2,000,000 shall be available only to carry 
out intergovernmental enforcement efforts, in-
cluding research and training.’’; and 
(B) in paragraph (8)— 
(i) in the paragraph heading by strik-
ing ‘‘SURFACE TRANSPORTATION PROGRAM’’ 
and inserting ‘‘TRANSPORTATION MOBILITY 
PROGRAM’’; and
103 
† HR 4348 EAS 
(ii) by striking ‘‘section 104(b)(3)’’ 
and inserting ‘‘section 104(b)(2)’’; and 
(2) in subsection (c)(3) by striking ‘‘for each of 
fiscal years 2005 through 2009,’’ and inserting ‘‘for 
each fiscal year,’’. 
SEC. 1111. NATIONAL BRIDGE AND TUNNEL INVENTORY 
AND INSPECTION STANDARDS. 
(a) IN GENERAL.—Section 144 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 144. National bridge and tunnel inventory and in-
spection standards 
‘‘(a) FINDINGS AND DECLARATIONS.— 
‘‘(1) FINDINGS.—Congress finds that— 
‘‘(A) the condition of the bridges of the 
United States has improved since the date of en-
actment of the Transportation Equity Act for the 
21st Century (Public Law 105–178; 112 Stat. 
107), yet continued improvement to bridge con-
ditions is essential to protect the safety of the 
traveling public and allow for the efficient move-
ment of people and goods on which the economy 
of the United States relies; and 
‘‘(B) the systematic preventative mainte-
nance of bridges, and replacement and rehabili-
tation of deficient bridges, should be undertaken
104 
† HR 4348 EAS 
through an overall asset management approach 
to transportation investment. 
‘‘(2) DECLARATIONS.—Congress declares that it 
is in the vital interest of the United States— 
‘‘(A) to inventory, inspect, and improve the 
condition of the highway bridges and tunnels of 
the United States; 
‘‘(B) to use a data-driven, risk-based ap-
proach and cost-effective strategy for systematic 
preventative maintenance, replacement, and re-
habilitation of highway bridges and tunnels to 
ensure safety and extended service life; 
‘‘(C) to use performance-based bridge man-
agement systems to assist States in making time-
ly investments; 
‘‘(D) to ensure accountability and link per-
formance outcomes to investment decisions; and 
‘‘(E) to ensure connectivity and access for 
residents of rural areas of the United States 
through strategic investments in National High-
way System bridges and bridges on all public 
roads. 
‘‘(b) NATIONAL BRIDGE AND TUNNEL INVENTORIES.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the States, shall—
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‘‘(A) inventory all highway bridges on pub-
lic roads that are bridges over waterways, other 
topographical barriers, other highways, and rail-
roads; 
‘‘(B) classify the bridges according to serv-
iceability, safety, and essentiality for public use, 
including the potential impacts to emergency 
evacuation routes and to regional and national 
freight and passenger mobility if the service-
ability of the bridge is restricted or diminished; 
and 
‘‘(C) based on that classification, assign 
each a risk-based priority for systematic prevent-
ative maintenance, replacement, or rehabilita-
tion. 
‘‘(2) TRIBALLY OWNED AND FEDERALLY OWNED 
BRIDGES.—As part of the activities carried out under 
paragraph (1), the Secretary, in consultation with the 
Secretaries of appropriate Federal agencies, shall— 
‘‘(A) inventory all tribally owned and Fed-
erally owned highway bridges that are open to 
the public, over waterways, other topographical 
barriers, other highways, and railroads;
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‘‘(B) classify the bridges according to serv-
iceability, safety, and essentiality for public use; 
and 
‘‘(C) based on the classification, assign each 
a risk-based priority for systematic preventative 
maintenance, replacement, or rehabilitation. 
‘‘(3) TUNNELS.—The Secretary shall establish a 
national inventory of highway tunnels reflecting the 
findings of the most recent highway tunnel inspec-
tions conducted by States under this section. 
‘‘(c) GENERAL BRIDGE AUTHORITY.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2) and notwithstanding any other provision of 
law, the General Bridge Act of 1946 (33 U.S.C. 525 
et seq.) shall apply to bridges authorized to be re-
placed, in whole or in part, by this title. 
‘‘(2) EXCEPTION.—Section 502(b) of the General 
Bridge Act of 1946 (33 U.S.C. 525(b)) and section 9 
of the Act of March 3, 1899 (33 U.S.C. 401), shall not 
apply to any bridge constructed, reconstructed, reha-
bilitated, or replaced with assistance under this title, 
if the bridge is over waters that— 
‘‘(A) are not used and are not susceptible to 
use in the natural condition of the bridge or by
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reasonable improvement as a means to transport 
interstate or foreign commerce; and 
‘‘(B) are— 
‘‘(i) not tidal; or 
‘‘(ii) if tidal, used only by recreational 
boating, fishing, and other small vessels that 
are less than 21 feet in length. 
‘‘(d) INVENTORY UPDATES AND REPORTS.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) annually revise the inventories author-
ized by subsection (b); and 
‘‘(B) submit to the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment 
and Public Works of the Senate a report on the 
inventories. 
‘‘(2) INSPECTION
REPORT.—Not later than 1 
year after the date of enactment of the MAP–21, each 
State and appropriate Federal agency shall report 
element level data to the Secretary, as each bridge is 
inspected pursuant to this section, for all highway 
bridges on the National Highway System. 
‘‘(3) GUIDANCE.—The Secretary shall provide 
guidance to States and Federal agencies for imple-
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mentation of this subsection, while respecting the ex-
isting inspection schedule of each State. 
‘‘(4) BRIDGES NOT ON NATIONAL HIGHWAY SYS-
TEM.—The Secretary shall— 
‘‘(A) conduct a study on the benefits, cost- 
effectiveness, and feasibility of requiring element- 
level data collection for bridges not on the Na-
tional Highway System; and 
‘‘(B) submit to the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment 
and Public Works of the Senate a report on the 
results of the study. 
‘‘(e) BRIDGES WITHOUT TAXING POWERS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, any bridge that is owned and oper-
ated by an agency that does not have taxing powers 
and whose functions include operating a federally as-
sisted public transit system subsidized by toll reve-
nues shall be eligible for assistance under this title, 
but the amount of such assistance shall in no event 
exceed the cumulative amount which such agency has 
expended for capital and operating costs to subsidize 
such transit system.
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‘‘(2) INSUFFICIENT ASSETS.—Before authorizing 
an expenditure of funds under this subsection, the 
Secretary shall determine that the applicant agency 
has insufficient reserves, surpluses, and projected reve-
nues (over and above those required for bridge and 
transit capital and operating costs) to fund the bridge 
project or activity eligible for assistance under this 
title. 
‘‘(3) CREDITING OF NON-FEDERAL FUNDS.—Any 
non-Federal funds expended for the seismic retrofit of 
the bridge may be credited toward the non-Federal 
share required as a condition of receipt of any Fed-
eral funds for seismic retrofit of the bridge made 
available after the date of the expenditure. 
‘‘(f) REPLACEMENT
OF DESTROYED BRIDGES
AND 
FERRY BOAT SERVICE.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, a State may use the funds appor-
tioned under section 104(b)(2) to construct any bridge 
that replaces— 
‘‘(A) any low water crossing (regardless of 
the length of the low water crossing); 
‘‘(B) any bridge that was destroyed prior to 
January 1, 1965;
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‘‘(C) any ferry that was in existence on 
January 1, 1984; or 
‘‘(D) any road bridge that is rendered obso-
lete as a result of a Corps of Engineers flood con-
trol or channelization project and is not rebuilt 
with funds from the Corps of Engineers. 
‘‘(2) FEDERAL SHARE.—The Federal share pay-
able on any bridge construction carried out under 
paragraph (1) shall be 80 percent of the cost of the 
construction. 
‘‘(g) HISTORIC BRIDGES.— 
‘‘(1) DEFINITION OF HISTORIC BRIDGE.—In this 
subsection, the term ‘historic bridge’ means any 
bridge that is listed on, or eligible for listing on, the 
National Register of Historic Places. 
‘‘(2) COORDINATION.—The Secretary shall, in co-
operation with the States, encourage the retention, re-
habilitation, adaptive reuse, and future study of his-
toric bridges. 
‘‘(3) STATE INVENTORY.—The Secretary shall re-
quire each State to complete an inventory of all 
bridges on and off Federal-aid highways to determine 
the historic significance of the bridges. 
‘‘(4) ELIGIBILITY.—
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‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), reasonable costs associated with ac-
tions to preserve, or reduce the impact of a 
project under this chapter on, the historic integ-
rity of a historic bridge shall be eligible as reim-
bursable project costs under section 133 if the 
load capacity and safety features of the historic 
bridge are adequate to serve the intended use for 
the life of the historic bridge. 
‘‘(B) BRIDGES
NOT
USED
FOR
VEHICLE 
TRAFFIC.—In the case of a historic bridge that is 
no longer used for motorized vehicular traffic, the 
costs eligible as reimbursable project costs pursu-
ant to this chapter shall not exceed the estimated 
cost of demolition of the historic bridge. 
‘‘(5) PRESERVATION.—Any State that proposes 
to demolish a historic bridge for a replacement project 
with funds made available to carry out this section 
shall first make the historic bridge available for dona-
tion to a State, locality, or responsible private entity 
if the State, locality, or responsible entity enters into 
an agreement— 
‘‘(A) to maintain the bridge and the fea-
tures that give the historic bridge its historic sig-
nificance; and
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‘‘(B) to assume all future legal and finan-
cial responsibility for the historic bridge, which 
may include an agreement to hold the State 
transportation department harmless in any li-
ability action. 
‘‘(6) COSTS INCURRED.— 
‘‘(A) IN GENERAL.—Costs incurred by the 
State to preserve a historic bridge (including 
funds made available to the State, locality, or 
private entity to enable it to accept the bridge) 
shall be eligible as reimbursable project costs 
under this chapter in an amount not to exceed 
the cost of demolition. 
‘‘(B) ADDITIONAL
FUNDING.—Any bridge 
preserved pursuant to this paragraph shall not 
be eligible for any other funds authorized pursu-
ant to this title. 
‘‘(h) NATIONAL BRIDGE
AND TUNNEL INSPECTION 
STANDARDS.— 
‘‘(1) REQUIREMENT.— 
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish and maintain inspection standards for 
the proper inspection and evaluation of all high-
way bridges and tunnels for safety and service-
ability.
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‘‘(B) UNIFORMITY.—The standards under 
this subsection shall be designed to ensure uni-
formity of the inspections and evaluations. 
‘‘(2) MINIMUM REQUIREMENTS OF INSPECTION 
STANDARDS.—The standards established under para-
graph (1) shall, at a minimum— 
‘‘(A) specify, in detail, the method by which 
the inspections shall be carried out by the States, 
Federal agencies, and tribal governments; 
‘‘(B) establish the maximum time period be-
tween inspections; 
‘‘(C) establish the qualifications for those 
charged with carrying out the inspections; 
‘‘(D) require each State, Federal agency, 
and tribal government to maintain and make 
available to the Secretary on request— 
‘‘(i) written reports on the results of 
highway bridge and tunnel inspections and 
notations of any action taken pursuant to 
the findings of the inspections; and 
‘‘(ii) current inventory data for all 
highway bridges and tunnels reflecting the 
findings of the most recent highway bridge 
and tunnel inspections conducted; and
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‘‘(E) establish a procedure for national cer-
tification of highway bridge inspectors and tun-
nel inspectors. 
‘‘(3) STATE
COMPLIANCE
WITH
INSPECTION 
STANDARDS.—The Secretary shall, at a minimum— 
‘‘(A) establish, in consultation with the 
States, and interested and knowledgeable private 
organizations and individuals, procedures to 
conduct reviews of State compliance with— 
‘‘(i) the standards established under 
this subsection; and 
‘‘(ii) the calculation or reevaluation of 
bridge load ratings; and 
‘‘(B) establish, in consultation with the 
States, and interested and knowledgeable private 
organizations and individuals, procedures for 
States to follow in reporting to the Secretary— 
‘‘(i) critical findings relating to struc-
tural or safety-related deficiencies of high-
way bridges; and 
‘‘(ii) monitoring activities and correc-
tive actions taken in response to a critical 
finding. 
‘‘(4) REVIEWS OF STATE COMPLIANCE.—
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‘‘(A) IN GENERAL.—The Secretary shall an-
nually review State compliance with the stand-
ards established under this section. 
‘‘(B) NONCOMPLIANCE.—If an annual re-
view in accordance with subparagraph (A) iden-
tifies noncompliance by a State, the Secretary 
shall— 
‘‘(i) issue a report detailing the issues 
of the noncompliance by December 31 of the 
calendar year in which the review was 
made; and 
‘‘(ii) provide the State an opportunity 
to address the noncompliance by— 
‘‘(I) developing a corrective action 
plan to remedy the noncompliance; or 
‘‘(II) resolving the issues of non-
compliance not later than 45 days 
after the date of notification. 
‘‘(5) PENALTY FOR NONCOMPLIANCE.— 
‘‘(A) IN GENERAL.—If a State fails to sat-
isfy the requirements of paragraph (4)(B) by Au-
gust 1 of the calendar year following the year of 
a finding of noncompliance, the Secretary shall, 
on October 1 of that year, and each year there-
after as may be necessary, require the State to
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dedicate funds apportioned to the State under 
sections 119 and 133 after the date of enactment 
of the MAP–21 to correct the noncompliance 
with the minimum inspection standards estab-
lished under this subsection. 
‘‘(B) AMOUNT.—The amount of the funds to 
be directed to correcting noncompliance in ac-
cordance with subparagraph (A) shall— 
‘‘(i) be determined by the State based 
on an analysis of the actions needed to ad-
dress the noncompliance; and 
‘‘(ii) require approval by the Sec-
retary. 
‘‘(6) UPDATE OF STANDARDS.—Not later than 3 
years after the date of enactment of the MAP–21, the 
Secretary shall update inspection standards to 
cover— 
‘‘(A) the methodology, training, and quali-
fications for inspectors; and 
‘‘(B) the frequency of inspection. 
‘‘(7) RISK-BASED APPROACH.—In carrying out 
the revisions required by paragraph (6), the Secretary 
shall consider a risk-based approach to determining 
the frequency of bridge inspections.
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‘‘(i) TRAINING PROGRAM FOR BRIDGE AND TUNNEL 
INSPECTORS.— 
‘‘(1) IN GENERAL.—The Secretary, in coopera-
tion with the State transportation departments, shall 
maintain a program designed to train appropriate 
personnel to carry out highway bridge and tunnel in-
spections. 
‘‘(2) REVISIONS.—The training program shall be 
revised from time to time to take into account new 
and improved techniques. 
‘‘(j) AVAILABILITY OF FUNDS.—To carry out this sec-
tion, the Secretary may use funds made available under 
sections 104(a), 119, 133, and 503.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code, is amended by 
striking the item relating to section 144 and inserting the 
following: 
‘‘144. National bridge and tunnel inventory and inspection standards.’’. 
SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 
Section 148 of title 23, United States Code, is amended 
to read as follows: 
‘‘§ 148. Highway safety improvement program 
‘‘(a) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) HIGH RISK RURAL ROAD.—The term ‘high 
risk rural road’ means any roadway functionally
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classified as a rural major or minor collector or a 
rural local road with significant safety risks, as de-
fined by a State in accordance with an updated State 
strategic highway safety plan. 
‘‘(2) HIGHWAY
BASEMAP.—The term ‘highway 
basemap’ means a representation of all public roads 
that can be used to geolocate attribute data on a road-
way. 
‘‘(3) HIGHWAY
SAFETY
IMPROVEMENT
PRO-
GRAM.—The term ‘highway safety improvement pro-
gram’ means projects, activities, plans, and reports 
carried out under this section. 
‘‘(4) 
HIGHWAY
SAFETY
IMPROVEMENT 
PROJECT.— 
‘‘(A) IN
GENERAL.—The term ‘highway 
safety improvement project’ means strategies, ac-
tivities, and projects on a public road that are 
consistent with a State strategic highway safety 
plan and— 
‘‘(i) correct or improve a hazardous 
road location or feature; or 
‘‘(ii) address a highway safety prob-
lem.
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‘‘(B) INCLUSIONS.—The term ‘highway safe-
ty improvement project’ includes, but is not lim-
ited to, a project for 1 or more of the following: 
‘‘(i) An intersection safety improve-
ment. 
‘‘(ii) Pavement and shoulder widening 
(including addition of a passing lane to 
remedy an unsafe condition). 
‘‘(iii) Installation of rumble strips or 
another warning device, if the rumble strips 
or other warning devices do not adversely 
affect the safety or mobility of bicyclists and 
pedestrians, including persons with disabil-
ities. 
‘‘(iv) Installation of a skid-resistant 
surface at an intersection or other location 
with a high frequency of crashes. 
‘‘(v) An improvement for pedestrian or 
bicyclist safety or safety of persons with dis-
abilities. 
‘‘(vi) Construction and improvement of 
a railway-highway grade crossing safety 
feature, including installation of protective 
devices.
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‘‘(vii) The conduct of a model traffic 
enforcement activity at a railway-highway 
crossing. 
‘‘(viii) 
Construction 
of 
a 
traffic 
calming feature. 
‘‘(ix) Elimination of a roadside haz-
ard. 
‘‘(x) Installation, replacement, and 
other improvement of highway signage and 
pavement markings, or a project to main-
tain minimum levels of retroreflectivity, 
that addresses a highway safety problem 
consistent with a State strategic highway 
safety plan. 
‘‘(xi) Installation of a priority control 
system for emergency vehicles at signalized 
intersections. 
‘‘(xii) Installation of a traffic control 
or other warning device at a location with 
high crash potential. 
‘‘(xiii) Transportation safety planning. 
‘‘(xiv) Collection, analysis, and im-
provement of safety data. 
‘‘(xv) Planning integrated interoper-
able emergency communications equipment,
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operational activities, or traffic enforcement 
activities (including police assistance) relat-
ing to work zone safety. 
‘‘(xvi) Installation of guardrails, bar-
riers (including barriers between construc-
tion work zones and traffic lanes for the 
safety of road users and workers), and crash 
attenuators. 
‘‘(xvii) The addition or retrofitting of 
structures or other measures to eliminate or 
reduce crashes involving vehicles and wild-
life. 
‘‘(xviii) Installation of yellow-green 
signs and signals at pedestrian and bicycle 
crossings and in school zones. 
‘‘(xix) Construction and operational 
improvements on high risk rural roads. 
‘‘(xx) Geometric improvements to a 
road for safety purposes that improve safe-
ty. 
‘‘(xxi) A road safety audit. 
‘‘(xxii) Roadway safety infrastructure 
improvements consistent with the rec-
ommendations included in the publication 
of the Federal Highway Administration en-
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† HR 4348 EAS 
titled ‘Highway Design Handbook for Older 
Drivers and Pedestrians’ (FHWA–RD–01– 
103), dated May 2001 or as subsequently re-
vised and updated. 
‘‘(xxiii) Truck parking facilities eligi-
ble for funding under section 1401 of the 
MAP–21. 
‘‘(xxiv) Systemic safety improvements. 
‘‘(5) MODEL
INVENTORY
OF
ROADWAY
ELE-
MENTS.—The term ‘model inventory of roadway ele-
ments’ means the listing and standardized coding by 
the Federal Highway Administration of roadway and 
traffic data elements critical to safety management, 
analysis, and decisionmaking. 
‘‘(6) PROJECT TO MAINTAIN MINIMUM LEVELS OF 
RETROREFLECTIVITY.—The term ‘project to maintain 
minimum levels of retroreflectivity’ means a project 
that is designed to maintain a highway sign or pave-
ment marking retroreflectivity at or above the min-
imum levels prescribed in Federal or State regula-
tions. 
‘‘(7) ROAD SAFETY AUDIT.—The term ‘road safe-
ty audit’ means a formal safety performance exam-
ination of an existing or future road or intersection 
by an independent multidisciplinary audit team.
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‘‘(8) ROAD USERS.—The term ‘road user’ means 
a motorist, passenger, public transportation operator 
or user, truck driver, bicyclist, motorcyclist, or pedes-
trian, including a person with disabilities. 
‘‘(9) SAFETY DATA.— 
‘‘(A) IN GENERAL.—The term ‘safety data’ 
means crash, roadway, and traffic data on a 
public road. 
‘‘(B) INCLUSION.—The term ‘safety data’ 
includes, in the case of a railway-highway grade 
crossing, the characteristics of highway and 
train traffic, licensing, and vehicle data. 
‘‘(10) SAFETY PROJECT UNDER ANY OTHER SEC-
TION.— 
‘‘(A) IN GENERAL.—The term ‘safety project 
under any other section’ means a project carried 
out for the purpose of safety under any other sec-
tion of this title. 
‘‘(B) INCLUSION.—The term ‘safety project 
under any other section’ includes— 
‘‘(i) a project consistent with the State 
strategic highway safety plan that promotes 
the awareness of the public and educates the 
public concerning highway safety matters 
(including motorcycle safety);
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† HR 4348 EAS 
‘‘(ii) a project to enforce highway safe-
ty laws; and 
‘‘(iii) a project to provide infrastruc-
ture and infrastructure-related equipment 
to support emergency services. 
‘‘(11) STATE
HIGHWAY
SAFETY
IMPROVEMENT 
PROGRAM.—The term ‘State highway safety improve-
ment program’ means a program of highway safety 
improvement projects, activities, plans and reports 
carried out as part of the Statewide transportation 
improvement program under section 135(g). 
‘‘(12) STATE
STRATEGIC
HIGHWAY
SAFETY 
PLAN.—The term ‘State strategic highway safety 
plan’ means a comprehensive plan, based on safety 
data, developed by a State transportation department 
that— 
‘‘(A) is developed after consultation with— 
‘‘(i) a highway safety representative of 
the Governor of the State; 
‘‘(ii) regional transportation planning 
organizations and metropolitan planning 
organizations, if any; 
‘‘(iii) representatives of major modes of 
transportation;
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‘‘(iv) State and local traffic enforce-
ment officials; 
‘‘(v) a highway-rail grade crossing 
safety representative of the Governor of the 
State; 
‘‘(vi) 
representatives 
conducting 
a 
motor carrier safety program under section 
31102, 31106, or 31309 of title 49; 
‘‘(vii) motor vehicle administration 
agencies; 
‘‘(viii) county transportation officials; 
‘‘(ix) State representatives of non-
motorized users; and 
‘‘(x) other major Federal, State, tribal, 
and local safety stakeholders; 
‘‘(B) analyzes and makes effective use of 
State, regional, local, or tribal safety data; 
‘‘(C) addresses engineering, management, 
operation, education, enforcement, and emer-
gency services elements (including integrated, 
interoperable emergency communications) of 
highway safety as key factors in evaluating high-
way projects; 
‘‘(D) considers safety needs of, and high-fa-
tality segments of, all public roads, including
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non-State-owned public roads and roads on trib-
al land; 
‘‘(E) considers the results of State, regional, 
or local transportation and highway safety plan-
ning processes; 
‘‘(F) describes a program of strategies to re-
duce or eliminate safety hazards; 
‘‘(G) is approved by the Governor of the 
State or a responsible State agency; 
‘‘(H) is consistent with section 135(g); and 
‘‘(I) is updated and submitted to the Sec-
retary for approval as required under subsection 
(d)(2). 
‘‘(13) SYSTEMIC
SAFETY
IMPROVEMENT.—The 
term ‘systemic safety improvement’ means an im-
provement that is widely implemented based on high- 
risk roadway features that are correlated with par-
ticular crash types, rather than crash frequency. 
‘‘(b) PROGRAM.— 
‘‘(1) IN
GENERAL.—The Secretary shall carry 
out a highway safety improvement program. 
‘‘(2) PURPOSE.—The purpose of the highway 
safety improvement program shall be to achieve a sig-
nificant reduction in traffic fatalities and serious in-
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juries on all public roads, including non-State-owned 
public roads and roads on tribal land. 
‘‘(c) ELIGIBILITY.— 
‘‘(1) IN
GENERAL.—To obligate funds appor-
tioned under section 104(b)(3) to carry out this sec-
tion, a State shall have in effect a State highway safe-
ty improvement program under which the State— 
‘‘(A) develops, implements, and updates a 
State strategic highway safety plan that identi-
fies and analyzes highway safety problems and 
opportunities as provided in subsections (a)(12) 
and (d); 
‘‘(B) produces a program of projects or 
strategies to reduce identified safety problems; 
and 
‘‘(C) evaluates the strategic highway safety 
plan on a regularly recurring basis in accord-
ance with subsection (d)(1) to ensure the accu-
racy of the data and priority of proposed strate-
gies. 
‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGH-
WAY
SAFETY
PROBLEMS
AND
OPPORTUNITIES.—As 
part of the State highway safety improvement pro-
gram, a State shall—
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‘‘(A) have in place a safety data system 
with the ability to perform safety problem iden-
tification and countermeasure analysis— 
‘‘(i) to improve the timeliness, accu-
racy, completeness, uniformity, integration, 
and accessibility of the safety data on all 
public roads, including non-State-owned 
public roads and roads on tribal land in the 
State; 
‘‘(ii) to evaluate the effectiveness of 
data improvement efforts; 
‘‘(iii) to link State data systems, in-
cluding traffic records, with other data sys-
tems within the State; 
‘‘(iv) to improve the compatibility and 
interoperability of safety data with other 
State transportation-related data systems 
and the compatibility and interoperability 
of State safety data systems with data sys-
tems of other States and national data sys-
tems; 
‘‘(v) to enhance the ability of the Sec-
retary to observe and analyze national 
trends in crash occurrences, rates, outcomes, 
and circumstances; and
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‘‘(vi) to improve the collection of data 
on nonmotorized crashes; 
‘‘(B) based on the analysis required by sub-
paragraph (A)— 
‘‘(i) identify hazardous locations, sec-
tions, and elements (including roadside ob-
stacles, railway-highway crossing needs, 
and unmarked or poorly marked roads) that 
constitute a danger to motorists (including 
motorcyclists), bicyclists, pedestrians, and 
other highway users; 
‘‘(ii) using such criteria as the State 
determines to be appropriate, establish the 
relative severity of those locations, in terms 
of crashes (including crash rates), fatalities, 
serious injuries, traffic volume levels, and 
other relevant data; 
‘‘(iii) identify the number of fatalities 
and serious injuries on all public roads by 
location in the State; 
‘‘(iv) identify highway safety improve-
ment projects on the basis of crash experi-
ence, crash potential, crash rate, or other 
data-supported means; and
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‘‘(v) consider which projects maximize 
opportunities to advance safety; 
‘‘(C) adopt strategic and performance-based 
goals that— 
‘‘(i) address traffic safety, including 
behavioral and infrastructure problems and 
opportunities on all public roads; 
‘‘(ii) focus resources on areas of great-
est need; and 
‘‘(iii) are coordinated with other State 
highway safety programs; 
‘‘(D) advance the capabilities of the State 
for safety data collection, analysis, and integra-
tion in a manner that— 
‘‘(i) complements the State highway 
safety program under chapter 4 and the 
commercial vehicle safety plan under sec-
tion 31102 of title 49; 
‘‘(ii) includes all public roads, includ-
ing public non-State-owned roads and roads 
on tribal land; 
‘‘(iii) identifies hazardous locations, 
sections, and elements on all public roads 
that constitute a danger to motorists (in-
cluding motorcyclists), bicyclists, pedes-
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† HR 4348 EAS 
trians, persons with disabilities, and other 
highway users; 
‘‘(iv) includes a means of identifying 
the relative severity of hazardous locations 
described in clause (iii) in terms of crashes 
(including crash rate), serious injuries, fa-
talities, and traffic volume levels; and 
‘‘(v) improves the ability of the State 
to identify the number of fatalities and seri-
ous injuries on all public roads in the State 
with a breakdown by functional classifica-
tion and ownership in the State; 
‘‘(E)(i) determine priorities for the correc-
tion of hazardous road locations, sections, and 
elements (including railway-highway crossing 
improvements), as identified through safety data 
analysis; 
‘‘(ii) identify opportunities for preventing 
the development of such hazardous conditions; 
and 
‘‘(iii) establish and implement a schedule of 
highway safety improvement projects for hazard 
correction and hazard prevention; and 
‘‘(F)(i) establish an evaluation process to 
analyze and assess results achieved by highway
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† HR 4348 EAS 
safety improvement projects carried out in ac-
cordance with procedures and criteria established 
by this section; and 
‘‘(ii) use the information obtained under 
clause (i) in setting priorities for highway safety 
improvement projects. 
‘‘(d) UPDATES
TO STRATEGIC HIGHWAY SAFETY 
PLANS.— 
‘‘(1) ESTABLISHMENT OF REQUIREMENTS.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of the MAP–21, the 
Secretary shall establish requirements for regu-
larly recurring State updates of strategic high-
way safety plans. 
‘‘(B) CONTENTS
OF
UPDATED
STRATEGIC 
HIGHWAY
SAFETY
PLANS.—In establishing re-
quirements under this subsection, the Secretary 
shall ensure that States take into consideration, 
with respect to updated strategic highway safety 
plans— 
‘‘(i) the findings of road safety audits; 
‘‘(ii) the locations of fatalities and se-
rious injuries; 
‘‘(iii) the locations that do not have an 
empirical history of fatalities and serious
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injuries, but possess risk factors for poten-
tial crashes; 
‘‘(iv) rural roads, including all public 
roads, commensurate with fatality data; 
‘‘(v) motor vehicle crashes that include 
fatalities or serious injuries to pedestrians 
and bicyclists; 
‘‘(vi) the cost-effectiveness of improve-
ments; 
‘‘(vii) improvements to rail-highway 
grade crossings; and 
‘‘(viii) safety on all public roads, in-
cluding non-State-owned public roads and 
roads on tribal land. 
‘‘(2) APPROVAL OF UPDATED STRATEGIC HIGH-
WAY SAFETY PLANS.— 
‘‘(A) IN GENERAL.—Each State shall— 
‘‘(i) update the strategic highway safe-
ty plans of the State in accordance with the 
requirements established by the Secretary 
under this subsection; and 
‘‘(ii) submit the updated plans to the 
Secretary, along with a detailed description 
of the process used to update the plan.
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‘‘(B) REQUIREMENTS FOR APPROVAL.—The 
Secretary shall not approve the process for an 
updated strategic highway safety plan unless— 
‘‘(i) the updated strategic highway 
safety plan is consistent with the require-
ments of this subsection and subsection 
(a)(12); and 
‘‘(ii) the process used is consistent with 
the requirements of this subsection. 
‘‘(3) PENALTY FOR FAILURE TO HAVE AN AP-
PROVED
UPDATED
STRATEGIC
HIGHWAY
SAFETY 
PLAN.—If a State does not have an updated strategic 
highway safety plan with a process approved by the 
Secretary by August 1 of the fiscal year beginning 
after the date of establishment of the requirements 
under paragraph (1)— 
‘‘(A) the State shall not be eligible to receive 
any additional limitation pursuant to the redis-
tribution of the limitation on obligations for 
Federal-aid highway and highway safety con-
struction programs that occurs after August 1 for 
each succeeding fiscal year until the fiscal year 
during which the plan is approved; and 
‘‘(B) the Secretary shall, on October 1 of 
each fiscal year thereafter, transfer from funds
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† HR 4348 EAS 
apportioned to the State under section 104(b)(2) 
(other than amounts suballocated to metropolitan 
areas and other areas of the State under section 
133(d)) an amount equal to 10 percent of the 
funds so apportioned for the fiscal year for use 
under the highway safety improvement program 
under this section to the apportionment of the 
State under section 104(b)(3) until the fiscal 
year in which the plan is approved. 
‘‘(e) ELIGIBLE PROJECTS.— 
‘‘(1) IN
GENERAL.—Funds apportioned to the 
State under section 104(b)(3) may be obligated to 
carry out— 
‘‘(A) any highway safety improvement 
project on any public road or publicly owned bi-
cycle or pedestrian pathway or trail; or 
‘‘(B) as provided in subsection (f), other 
safety projects. 
‘‘(2) USE OF OTHER FUNDING FOR SAFETY.— 
‘‘(A) EFFECT OF SECTION.—Nothing in this 
section prohibits the use of funds made available 
under other provisions of this title for highway 
safety improvement projects. 
‘‘(B) USE OF OTHER FUNDS.—States are 
encouraged to address the full scope of the safety
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† HR 4348 EAS 
needs and opportunities of the States by using 
funds made available under other provisions of 
this title (except a provision that specifically 
prohibits that use). 
‘‘(f) FLEXIBLE FUNDING FOR STATES WITH A STRA-
TEGIC HIGHWAY SAFETY PLAN.— 
‘‘(1) IN GENERAL.—To further the implementa-
tion of a State strategic highway safety plan, a State 
may use up to 10 percent of the amount of funds ap-
portioned to the State under section 104(b)(3) for a 
fiscal year to carry out safety projects under any 
other section as provided in the State strategic high-
way safety plan if the State certifies that— 
‘‘(A) the State has met needs in the State 
relating to railway-highway crossings for the 
preceding fiscal year; and 
‘‘(B) the funds are being used for the most 
effective projects to make progress toward achiev-
ing the safety performance targets of the State. 
‘‘(2) OTHER
TRANSPORTATION
AND
HIGHWAY 
SAFETY PLANS.—Nothing in this subsection requires a 
State to revise any State process, plan, or program 
in effect on the date of enactment of the MAP–21. 
‘‘(g) DATA IMPROVEMENT.—
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‘‘(1) DEFINITION OF DATA IMPROVEMENT ACTIVI-
TIES.—In this subsection: 
‘‘(A) IN
GENERAL.—The term ‘data im-
provement activities’ means a project or activity 
to further the capacity of a State to make more 
informed and effective safety infrastructure in-
vestment decisions. 
‘‘(B) INCLUSIONS.—The term ‘data im-
provement activities’ includes a project or activ-
ity— 
‘‘(i) to create, update, or enhance a 
highway basemap of all public roads in a 
State; 
‘‘(ii) to collect safety data, including 
data identified as part of the model inven-
tory of roadway elements, for creation of or 
use on a highway basemap of all public 
roads in a State; 
‘‘(iii) to store and maintain safety 
data in an electronic manner; 
‘‘(iv) to develop analytical processes for 
safety data elements; 
‘‘(v) to acquire and implement road-
way safety analysis tools; and
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‘‘(vi) to support the collection, mainte-
nance, and sharing of safety data on all 
public roads and related systems associated 
with the analytical usage of that data. 
‘‘(2) APPORTIONMENT.—Of the funds appor-
tioned to a State under section 104(b)(3) for a fiscal 
year— 
‘‘(A) not less than 8 percent of the funds ap-
portioned for each of fiscal years 2012 through 
2013 shall be available only for data improve-
ment activities under this subsection; and 
‘‘(B) not less than 4 percent of the funds 
apportioned for fiscal year 2014 and each fiscal 
year thereafter shall be available only for data 
improvement activities under this subsection. 
‘‘(3) SPECIAL RULE.—A State may use funds 
apportioned to the State pursuant to this subsection 
for any project eligible under this section if the State 
demonstrates to the satisfaction of the Secretary that 
the State has met all of the State needs for data col-
lection to support the State strategic highway safety 
plan and sufficiently addressed the data improvement 
activities described in paragraph (1). 
‘‘(4) MODEL
INVENTORY
OF
ROADWAY
ELE-
MENTS.—The Secretary shall—
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‘‘(A) establish a subset of the model inven-
tory of roadway elements that are useful for the 
inventory of roadway safety; and 
‘‘(B) ensure that States adopt and use the 
subset to improve data collection. 
‘‘(h) PERFORMANCE MEASURES AND TARGETS FOR 
STATE HIGHWAY SAFETY IMPROVEMENT PROGRAMS.— 
‘‘(1) ESTABLISHMENT OF PERFORMANCE MEAS-
URES.—Not later than 1 year after the date of enact-
ment of the MAP–21, the Secretary shall issue guid-
ance to States on the establishment, collection, and re-
porting of performance measures that reflect— 
‘‘(A) serious injuries and fatalities per vehi-
cle mile traveled; 
‘‘(B) serious injuries and fatalities per cap-
ita; and 
‘‘(C) the number of serious injuries and fa-
talities 
‘‘(2) ESTABLISHMENT OF STATE PERFORMANCE 
TARGETS.—Not later than 1 year after the Secretary 
has issued guidance to States on the establishment, 
collection, and reporting of performance measures, 
each State shall set performance targets that reflect— 
‘‘(A) serious injuries and fatalities per vehi-
cle mile traveled;
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† HR 4348 EAS 
‘‘(B) serious injuries and fatalities per cap-
ita; and 
‘‘(C) the number of serious injuries and fa-
talities. 
‘‘(i) SPECIAL RULES.— 
‘‘(1) HIGH-RISK RURAL ROAD SAFETY.—If the 
fatality rate on rural roads in a State increases over 
the most recent 2-year period for which data are 
available, that State shall be required to obligate in 
the next fiscal year for projects on high risk rural 
roads an amount equal to at least 200 percent of the 
amount of funds the State received for fiscal year 
2009 for high risk rural roads under subsection (f) of 
this section, as in effect on the day before the date of 
enactment of the MAP–21. 
‘‘(2) RAIL-HIGHWAY GRADE CROSSINGS.—If the 
average number of fatalities at rail-highway grade 
crossings in a State over the most recent 2-year pe-
riod for which data are available increases over the 
average number of fatalities during the preceding 2- 
year period, that State shall be required to obligate 
in the next fiscal year for projects on rail-highway 
grade crossings an amount equal to 120 percent of the 
amount of funds the State received for fiscal year 
2009 for rail-highway grade crossings under section
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† HR 4348 EAS 
130(f) (as in effect on the day before the date of enact-
ment of the MAP–21). 
‘‘(3) OLDER DRIVERS.—If traffic fatalities and 
serious injuries per capita for drivers and pedestrians 
over the age of 65 in a State increases during the 
most recent 2-year period for which data are avail-
able, that State shall be required to include, in the 
subsequent Strategic Highway Safety Plan of the 
State, strategies to address the increases in those 
rates, taking into account the recommendations in-
cluded in the publication of the Federal Highway Ad-
ministration entitled ‘Highway Design Handbook for 
Older Drivers and Pedestrians’ (FHWA–RD–01– 
103), and dated May 2001, or as subsequently revised 
and updated. 
‘‘(j) REPORTS.— 
‘‘(1) IN GENERAL.—A State shall submit to the 
Secretary a report that— 
‘‘(A) describes the progress being made to 
achieve the performance targets established under 
subsection (h); 
‘‘(B) describes progress being made to im-
plement highway safety improvement projects 
under this section;
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† HR 4348 EAS 
‘‘(C) assesses the effectiveness of those im-
provements; and 
‘‘(D) describes the extent to which the im-
provements funded under this section have con-
tributed to reducing— 
‘‘(i) the number and rate of fatalities 
on all public roads with, to the maximum 
extent practicable, a breakdown by func-
tional classification and ownership in the 
State; 
‘‘(ii) the number and rate of serious 
injuries on all public roads with, to the 
maximum extent practicable, a breakdown 
by functional classification and ownership 
in the State; and 
‘‘(iii) the occurrences of fatalities and 
serious injuries at railway-highway cross-
ings. 
‘‘(2) CONTENTS; 
SCHEDULE.—The Secretary 
shall establish the content and schedule for the sub-
mission of the report under paragraph (1). 
‘‘(3) TRANSPARENCY.—The Secretary shall make 
strategic highway safety plans submitted under sub-
section (d) and reports submitted under this sub-
section available to the public through—
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† HR 4348 EAS 
‘‘(A) the website of the Department; and 
‘‘(B) such other means as the Secretary de-
termines to be appropriate. 
‘‘(4) DISCOVERY AND ADMISSION INTO EVIDENCE 
OF
CERTAIN
REPORTS, 
SURVEYS, 
AND
INFORMA-
TION.—Notwithstanding any other provision of law, 
reports, surveys, schedules, lists, or data compiled or 
collected for any purpose relating to this section, shall 
not be subject to discovery or admitted into evidence 
in a Federal or State court proceeding or considered 
for other purposes in any action for damages arising 
from any occurrence at a location identified or ad-
dressed in the reports, surveys, schedules, lists, or 
other data. 
‘‘(k) STATE PERFORMANCE TARGETS.—If the Sec-
retary determines that a State has not met or made signifi-
cant progress toward meeting the performance targets of the 
State established under subsection (h) by the date that is 
2 years after the date of the establishment of the perform-
ance targets, the State shall— 
‘‘(1) use obligation authority equal to the appor-
tionment of the State for the prior year under section 
104(b)(3) only for highway safety improvement 
projects under this section until the Secretary deter-
mines that the State has met or made significant
144 
† HR 4348 EAS 
progress toward meeting the performance targets of 
the State; and 
‘‘(2) submit annually to the Secretary, until the 
Secretary determines that the State has met or made 
significant progress toward meeting the performance 
targets of the State, an implementation plan that— 
‘‘(A) identifies roadway features that con-
stitute a hazard to road users; 
‘‘(B) identifies highway safety improvement 
projects on the basis of crash experience, crash 
potential, or other data-supported means; 
‘‘(C) describes how highway safety improve-
ment program funds will be allocated, including 
projects, activities, and strategies to be imple-
mented; 
‘‘(D) describes how the proposed projects, 
activities, and strategies funded under the State 
highway safety improvement program will allow 
the State to make progress toward achieving the 
safety performance targets of the State; and 
‘‘(E) describes the actions the State will un-
dertake to meet the performance targets of the 
State. 
‘‘(l) FEDERAL SHARE OF HIGHWAY SAFETY IMPROVE-
MENT PROJECTS.—Except as provided in sections 120 and
145 
† HR 4348 EAS 
130, the Federal share of the cost of a highway safety im-
provement project carried out with funds apportioned to a 
State under section 104(b)(3) shall be 90 percent.’’. 
SEC. 1113. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM. 
Section 149 of title 23, United States Code, is amended 
to read as follows: 
‘‘§ 149. Congestion mitigation and air quality im-
provement program 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
and implement a congestion mitigation and air quality im-
provement program in accordance with this section. 
‘‘(b) ELIGIBLE PROJECTS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (c), a State may obligate funds apportioned to 
the State for the congestion mitigation and air qual-
ity improvement program under section 104(b)(4) 
that are not reserved under subsection (l) only for a 
transportation project or program if the project or 
program is for an area in the State that is or was 
designated as a nonattainment area for ozone, carbon 
monoxide, or particulate matter under section 107(d) 
of the Clean Air Act (42 U.S.C. 7407(d)) and classi-
fied pursuant to section 181(a), 186(a), 188(a), or 
188(b) of the Clean Air Act (42 U.S.C. 7511(a),
146 
† HR 4348 EAS 
7512(a), 7513(a), or 7513(b)) or is or was designated 
as a nonattainment area under section 107(d) of that 
Act after December 31, 1997, or is required to pre-
pare, and file with the Administrator of the Environ-
mental Protection Agency, maintenance plans under 
the Clean Air Act (42 U.S.C. 7401 et seq.); and 
‘‘(A)(i)(I) if the Secretary, after consulta-
tion with the Administrator determines, on the 
basis of information published by the Environ-
mental Protection Agency pursuant to subpara-
graph (A) of section 108(f)(1) of the Clean Air 
Act (other than clause (xvi) of that subpara-
graph) (42 U.S.C. 7408(f)(1)) that the project or 
program is likely to contribute to— 
‘‘(aa) the attainment of a national am-
bient air quality standard; or 
‘‘(bb) the maintenance of a national 
ambient air quality standard in a mainte-
nance area; and 
‘‘(II) there exists a high level of effectiveness 
in reducing air pollution, in cases of projects or 
programs where sufficient information is avail-
able in the database established pursuant to sub-
section (h) to determine the relative effectiveness 
of such projects or programs; or
147 
† HR 4348 EAS 
‘‘(ii) in any case in which such information 
is not available, if the Secretary, after such con-
sultation, determines that the project or program 
is part of a program, method, or strategy de-
scribed in such section 108(f)(1)(A); 
‘‘(B) if the project or program is included 
in a State implementation plan that has been 
approved pursuant to the Clean Air Act and the 
project will have air quality benefits; 
‘‘(C) to establish or operate a traffic moni-
toring, management, and control facility or pro-
gram, including truck stop electrification sys-
tems, if the Secretary, after consultation with the 
Administrator, determines that the facility or 
program is likely to contribute to the attainment 
of a national ambient air quality standard; 
‘‘(D) if the program or project improves 
traffic flow, including projects to improve sig-
nalization, 
construct 
high-occupancy 
vehicle 
lanes, improve intersections, add turning lanes, 
improve transportation systems management 
and operations that mitigate congestion and im-
prove air quality, and implement intelligent 
transportation system strategies and such other 
projects that are eligible for assistance under this
148 
† HR 4348 EAS 
section on the day before the date of enactment 
of the MAP–21, including programs or projects 
to improve incident and emergency response or 
improve mobility, such as through real-time traf-
fic, transit, and multimodal traveler informa-
tion; 
‘‘(E) if the project or program involves the 
purchase of integrated, interoperable emergency 
communications equipment; 
‘‘(F) if the project or program is for— 
‘‘(i) the purchase of diesel retrofits that 
are— 
‘‘(I) for motor vehicles (as defined 
in section 216 of the Clean Air Act (42 
U.S.C. 7550)); or 
‘‘(II) verified technologies (as de-
fined in section 791 of the Energy Pol-
icy Act of 2005 (42 U.S.C. 16131)) for 
nonroad vehicles and nonroad engines 
(as defined in section 216 of the Clean 
Air Act (42 U.S.C. 7550)) that are 
used in construction projects that 
are— 
‘‘(aa) located in nonattain-
ment or maintenance areas for
149 
† HR 4348 EAS 
ozone, PM10, or PM2.5 (as defined 
under the Clean Air Act (42 
U.S.C. 7401 et seq.)); and 
‘‘(bb) funded, in whole or in 
part, under this title; or 
‘‘(ii) the conduct of outreach activities 
that are designed to provide information 
and technical assistance to the owners and 
operators of diesel equipment and vehicles 
regarding the purchase and installation of 
diesel retrofits; 
‘‘(G) if the project involves the installation 
of battery charging or replacement facilities for 
electric-drive vehicles, or refueling facilities for 
alternative-fuel vehicles; 
‘‘(H) if the project or program shifts traffic 
demand to nonpeak hours or other transpor-
tation modes, increases vehicle occupancy rates, 
or otherwise reduces demand for roads through 
such means as telecommuting, ridesharing, 
carsharing, alternative work hours, and pricing; 
or 
‘‘(I) if the Secretary, after consultation with 
the Administrator, determines that the project or 
program is likely to contribute to the attainment
150 
† HR 4348 EAS 
of a national ambient air quality standard, 
whether through reductions in vehicle miles trav-
eled, fuel consumption, or through other factors. 
‘‘(2) LIMITATIONS.—Funds apportioned to a 
State under section 104(b)(4) and not reserved under 
subsection (l) may not be obligated for a project that 
will result in the construction of new capacity avail-
able to single-occupant vehicles unless the project con-
sists of a high-occupancy vehicle facility available to 
single-occupant vehicles only at other than peak travel 
times or such use by single-occupant vehicles at peak 
travel times is subject to a toll. 
‘‘(3) USE OF FUNDS FOR OTHER ACTIVITIES.— 
Notwithstanding paragraph (1) and subsection (c), 
the Secretary may permit a State to use amounts ap-
portioned to the State for each of fiscal years 2012 
and 2013 for the congestion mitigation and air qual-
ity improvement program under section 104(b)(4) to 
carry out any activity on a system that was eligible 
for funding under that program as in effect on De-
cember 31, 2010. 
‘‘(c) STATES FLEXIBILITY.— 
‘‘(1) 
STATES
WITHOUT
A
NONATTAINMENT 
AREA.—If a State does not have, and never has had, 
a nonattainment area designated under the Clean Air
151 
† HR 4348 EAS 
Act (42 U.S.C. 7401 et seq.) for ozone, carbon mon-
oxide, or PM2.5, the State may use funds apportioned 
to the State under section 104(b)(4) (excluding the 
amount of funds reserved under subsection (l)) for 
any project in the State that— 
‘‘(A) would otherwise be eligible under sub-
section (b) as if the project were carried out in 
a nonattainment or maintenance area; or 
‘‘(B) is eligible under the transportation 
mobility program under section 133. 
‘‘(2) STATES WITH A NONATTAINMENT AREA.— 
‘‘(A) IN GENERAL.—If a State has a non-
attainment area or maintenance area and re-
ceived funds in fiscal year 2009 under section 
104(b)(2)(D), as in effect on the day before the 
date of enactment of the MAP–21, above the 
amount of funds that the State would have re-
ceived based on the nonattainment and mainte-
nance area population of the State under sub-
paragraphs (B) and (C) of section 104(b)(2), as 
in effect on the day before the date of enactment 
of the MAP–21, the State may use for any 
project that is eligible under the transportation 
mobility program under section 133 an amount 
of funds apportioned to such State under section
152 
† HR 4348 EAS 
104(b)(4) (excluding the amount of funds re-
served under subsection (l)) that is equal to the 
product obtained by multiplying— 
‘‘(i) the amount apportioned to such 
State under section 104(b)(4) (excluding the 
amount of funds reserved under subsection 
(l)); by 
‘‘(ii) the ratio calculated under para-
graph (B). 
‘‘(B) RATIO.—For purposes of this para-
graph, the ratio shall be calculated as— 
‘‘(i) the amount for fiscal year 2009 
such State was permitted by section 
149(c)(2), as in effect on the day before the 
date of enactment of the MAP–21, to obli-
gate in any area of the State for projects el-
igible under section 133, as in effect on the 
day before the date of enactment of the 
MAP–21; bears to 
‘‘(ii) the total apportionment to such 
State for fiscal year 2009 under section 
104(b)(2), as in effect on the day before the 
date of enactment of the MAP–21. 
‘‘(3) CHANGES IN DESIGNATION.—If a new non-
attainment area is designated or a previously des-
153 
† HR 4348 EAS 
ignated nonattainment area is redesignated as an at-
tainment area in a State under the Clean Air Act (42 
U.S.C. 7401 et seq.), the Secretary shall modify the 
amount such State is permitted to obligate in any 
area of the State for projects eligible under section 
133. 
‘‘(d) APPLICABILITY OF PLANNING REQUIREMENTS.— 
Programming and expenditure of funds for projects under 
this section shall be consistent with the requirements of sec-
tions 134 and 135. 
‘‘(e) PARTNERSHIPS WITH NONGOVERNMENTAL ENTI-
TIES.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this title and in accordance with this 
subsection, a metropolitan planning organization, 
State transportation department, or other project 
sponsor may enter into an agreement with any pub-
lic, private, or nonprofit entity to cooperatively im-
plement any project carried out with funds appor-
tioned under section 104(b)(4). 
‘‘(2) FORMS OF PARTICIPATION BY ENTITIES.— 
Participation by an entity under paragraph (1) may 
consist of—
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† HR 4348 EAS 
‘‘(A) ownership or operation of any land, 
facility, vehicle, or other physical asset associ-
ated with the project; 
‘‘(B) cost sharing of any project expense; 
‘‘(C) carrying out of administration, con-
struction management, project management, 
project operation, or any other management or 
operational duty associated with the project; and 
‘‘(D) any other form of participation ap-
proved by the Secretary. 
‘‘(3) ALLOCATION TO ENTITIES.—A State may 
allocate funds apportioned under section 104(b)(4) to 
an entity described in paragraph (1). 
‘‘(4) ALTERNATIVE FUEL PROJECTS.—In the case 
of a project that will provide for the use of alternative 
fuels by privately owned vehicles or vehicle fleets, ac-
tivities eligible for funding under this subsection— 
‘‘(A) may include the costs of vehicle refuel-
ing infrastructure, including infrastructure that 
would support the development, production, and 
use of emerging technologies that reduce emis-
sions of air pollutants from motor vehicles, and 
other capital investments associated with the 
project;
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† HR 4348 EAS 
‘‘(B) shall include only the incremental cost 
of an alternative fueled vehicle, as compared to 
a conventionally fueled vehicle, that would other-
wise be borne by a private party; and 
‘‘(C) shall apply other governmental finan-
cial purchase contributions in the calculation of 
net incremental cost. 
‘‘(5) PROHIBITION ON FEDERAL PARTICIPATION 
WITH RESPECT TO REQUIRED ACTIVITIES.—A Federal 
participation payment under this subsection may not 
be made to an entity to fund an obligation imposed 
under the Clean Air Act (42 U.S.C. 7401 et seq.) or 
any other Federal law. 
‘‘(f) PRIORITY CONSIDERATION.—States and metro-
politan planning organizations shall give priority in areas 
designated as nonattainment or maintenance for PM2.5 
under the Clean Air Act (42 U.S.C. 7401 et seq.) in distrib-
uting funds received for congestion mitigation and air qual-
ity projects and programs from apportionments under sec-
tion 104(b)(4) not required to be reserved under subsection 
(l) to projects that are proven to reduce PM2.5, including 
diesel retrofits. 
‘‘(g) INTERAGENCY CONSULTATION.—The Secretary 
shall encourage States and metropolitan planning organi-
zations to consult with State and local air quality agencies
156 
† HR 4348 EAS 
in nonattainment and maintenance areas on the estimated 
emission reductions from proposed congestion mitigation 
and air quality improvement programs and projects. 
‘‘(h) EVALUATION AND ASSESSMENT OF PROJECTS.— 
‘‘(1) DATABASE.— 
‘‘(A) IN GENERAL.—Using appropriate as-
sessments of projects funded under the congestion 
mitigation and air quality program and results 
from other research, the Secretary shall maintain 
and disseminate a cumulative database describ-
ing the impacts of the projects, including specific 
information about each project, such as the 
project name, location, sponsor, cost, and, to the 
extent already measured by the project sponsor, 
cost-effectiveness, based on reductions in conges-
tion and emissions. 
‘‘(B) AVAILABILITY.—The database shall be 
published or otherwise made readily available by 
the Secretary in electronically accessible format 
and means, such as the Internet, for public re-
view. 
‘‘(2) COST EFFECTIVENESS.— 
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the Administrator of the Environ-
mental Protection Agency, shall evaluate projects
157 
† HR 4348 EAS 
on a periodic basis and develop a table or other 
similar medium that illustrates the cost-effective-
ness of a range of project types eligible for fund-
ing under this section as to how the projects 
mitigate congestion and improve air quality. 
‘‘(B) CONTENTS.—The table described in 
subparagraph (A) shall show measures of cost-ef-
fectiveness, such as dollars per ton of emissions 
reduced, and assess those measures over a variety 
of timeframes to capture impacts on the plan-
ning timeframes outlined in section 134. 
‘‘(C) USE OF TABLE.—States and metro-
politan planning organizations shall consider the 
information in the table when selecting projects 
or developing performance plans under sub-
section (k). 
‘‘(i) OPTIONAL PROGRAMMATIC ELIGIBILITY.— 
‘‘(1) IN GENERAL.—At the discretion of a metro-
politan planning organization, a technical assessment 
of a selected program of projects may be conducted 
through modeling or other means to demonstrate the 
emissions reduction projection required under this 
section. 
‘‘(2) APPLICABILITY.—If an assessment described 
in paragraph (1) successfully demonstrates an emis-
158 
† HR 4348 EAS 
sions reduction, all projects included in such assess-
ment shall be eligible for obligation under this section 
without further demonstration of emissions reduction 
of individual projects included in such assessment. 
‘‘(j) SUBALLOCATION TO NONATTAINMENT AND MAIN-
TENANCE AREAS.— 
‘‘(1) IN GENERAL.—An amount equal to 50 per-
cent of the amount of funds apportioned to each State 
under section 104(b)(4) (excluding the amount of 
funds reserved under subsection (l)) shall be suballo-
cated for projects within each area designated as non-
attainment or maintenance for the pollutants de-
scribed in subsection (b). 
‘‘(2) DISTRIBUTION OF FUNDS.—The distribution 
within any State of funds required to be suballocated 
under paragraph (1) to each nonattainment or main-
tenance area shall be in accordance with a formula 
developed by each State and approved by the Sec-
retary, which shall consider the population of each 
such nonattainment or maintenance area and shall be 
weighted by the severity of pollution in the manner 
described in paragraph (6). 
‘‘(3) PROJECT SELECTION.—Projects under this 
subsection shall be selected by a State and shall be
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consistent with the requirements of sections 134 and 
135. 
‘‘(4) PRIORITY
FOR
USE
OF
SUBALLOCATED 
FUNDS IN PM2.5 AREAS.— 
‘‘(A) IN GENERAL.—An amount equal to 50 
percent of the funds suballocated under para-
graph (1) for a nonattainment or maintenance 
area that are based all or in part on the weight-
ed population of such area in fine particulate 
matter nonattainment shall be obligated to 
projects that reduce such fine particulate matter 
emissions in such area, including diesel retrofits. 
‘‘(B) 
CONSTRUCTION
EQUIPMENT.—An 
amount equal to 30 percent of the funds required 
to be set aside under subparagraph (A) shall be 
obligated to carry out the objectives of section 
330. 
‘‘(C) OBLIGATION PROCESS.— 
‘‘(i) IN GENERAL.—Each State or met-
ropolitan planning organization required to 
obligate funds in accordance with this para-
graph shall develop a process to provide 
funding directly to eligible entities (as de-
fined under section 330) in order to achieve 
the objectives of such section and ensure that
160 
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the bid proceeding and award of the con-
tract for any covered highway construction 
project carried out under that section will 
be— 
‘‘(I) made without regard to the 
particulate matter emission levels of 
the fleet of the eligible entity; and 
‘‘(II) consistent with existing re-
quirements for full and open competi-
tion under section 112. 
‘‘(ii) OBLIGATION.—A State may obli-
gate suballocated funds designated under 
this paragraph without regard to any proc-
ess or other requirement established under 
this section. 
‘‘(5) FUNDS
NOT
SUBALLOCATED.—Except as 
provided in subsection (c), funds apportioned to a 
State under section 104(b)(4) (excluding the amount 
of funds reserved under subsection (l)) and not sub-
allocated under paragraph (1) shall be made available 
to such State for programming in any nonattainment 
or maintenance area in the State. 
‘‘(6) FACTORS FOR CALCULATION OF SUBALLOCA-
TION.—
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‘‘(A) IN
GENERAL.—For the purposes of 
paragraph (2), each State shall weight the popu-
lation of each such nonattainment or mainte-
nance area by a factor of— 
‘‘(i) 1.0 if, at the time of the appor-
tionment, the area is a maintenance area 
for ozone or carbon monoxide; 
‘‘(ii) 1.0 if, at the time of the appor-
tionment, the area is classified as a mar-
ginal ozone nonattainment area under sub-
part 2 of part D of title I of the Clean Air 
Act (42 U.S.C. 7511 et seq.); 
‘‘(iii) 1.1 if, at the time of the appor-
tionment, the area is classified as a mod-
erate ozone nonattainment area under sub-
part 2 of part D of title I of the Clean Air 
Act (42 U.S.C. 7511 et seq.); 
‘‘(iv) 1.2 if, at the time of the appor-
tionment, the area is classified as a serious 
ozone nonattainment area under subpart 2 
of part D of title I of the Clean Air Act (42 
U.S.C. 7511 et seq.); 
‘‘(v) 1.3 if, at the time of the appor-
tionment, the area is classified as a severe 
ozone nonattainment area under subpart 2
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of part D of title I of the Clean Air Act (42 
U.S.C. 7511 et seq.); 
‘‘(vi) 1.5 if, at the time of the appor-
tionment, the area is classified as an ex-
treme ozone nonattainment area under sub-
part 2 of part D of title I of the Clean Air 
Act (42 U.S.C. 7511 et seq.); 
‘‘(vii) 1.0 if, at the time of the appor-
tionment, the area is not a nonattainment 
or maintenance area for ozone as described 
in section 149(b), but is designated under 
section 107 of the Clean Air Act (42 U.S.C. 
7407) as a nonattainment area for carbon 
monoxide; 
‘‘(viii) 1.0 if, at the time of the appor-
tionment, the area is designated as non-
attainment for ozone under section 107 of 
the Clean Air Act (42 U.S.C. 7407); or 
‘‘(ix) 1.2 if, at the time of the appor-
tionment, the area is not a nonattainment 
or maintenance area as described in section 
149(b) for ozone, but is designated as a non-
attainment or maintenance area for fine 
particulate matter, 2.5 micrometers or less,
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† HR 4348 EAS 
under section 107 of the Clean Air Act (42 
U.S.C. 7407). 
‘‘(B) OTHER FACTORS.—If, in addition to 
being designated as a nonattainment or mainte-
nance area for ozone as described in section 
149(b), any county within the area was also des-
ignated under section 107 of the Clean Air Act 
(42 U.S.C. 7407) as a nonattainment or mainte-
nance area for carbon monoxide, or was des-
ignated under section 107 of the Clean Air Act 
(42 U.S.C. 7407) as a nonattainment or mainte-
nance area for particulate matter, 2.5 microm-
eters or less, or both, the weighted nonattainment 
or maintenance area population of the county, 
as determined under clauses (i) through (vi), or 
clause (viii), of subparagraph (A), shall be fur-
ther multiplied by a factor of 1.2, or a second 
further factor of 1.2 if the area is designated as 
a nonattainment or maintenance area for both 
carbon monoxide and particulate matter, 2.5 mi-
crometers or less. 
‘‘(7) EXCEPTIONS FOR CERTAIN STATES.— 
‘‘(A) A State without a nonattainment or 
maintenance area shall not be subject to the re-
quirements of this subsection.
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‘‘(B) The amount of funds required to be set 
aside under paragraph (1) in a State that re-
ceived a minimum apportionment for fiscal year 
2009 under section 104(b)(2)(D), as in effect on 
the day before the date of enactment of the MAP– 
21, shall be based on the amount of funds such 
State would otherwise have been apportioned 
under section 104(b)(4) (excluding the amount of 
funds reserved under subsection (l)) but for the 
minimum apportionment in fiscal year 2009. 
‘‘(k) PERFORMANCE PLAN.— 
‘‘(1) IN
GENERAL.—Each tier I metropolitan 
planning organization (as defined in section 134) 
representing a nonattainment or maintenance area 
shall develop a performance plan that— 
‘‘(A) includes an area baseline level for traf-
fic congestion and on-road mobile source emis-
sions for which the area is in nonattainment or 
maintenance; 
‘‘(B) identifies air quality and traffic con-
gestion target levels based on measures estab-
lished by the Secretary; and 
‘‘(C) includes a description of projects iden-
tified for funding under this section and a de-
scription of how such projects will contribute to
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† HR 4348 EAS 
achieving emission and traffic congestion reduc-
tion targets. 
‘‘(2) UPDATED PLANS.— 
‘‘(A) IN
GENERAL.—Performance plans 
shall be updated on the schedule required under 
paragraph (3). 
‘‘(B) CONTENTS.—An updated plan shall 
include a separate report that assesses the 
progress of the program of projects under the 
previous plan in achieving the air quality and 
traffic congestion targets of the previous plan. 
‘‘(3) RULEMAKING.—Not later than 18 months 
after the date of enactment of the MAP–21, the Sec-
retary shall promulgate regulations to implement this 
subsection that identify performance measures for 
traffic congestion and on-road mobile source emis-
sions, timelines for performance plans, and require-
ments under this section for assessing the implemen-
tation of projects carried out under this section. 
‘‘(l) ADDITIONAL ACTIVITIES.— 
‘‘(1) RESERVATION OF FUNDS.—Of the funds ap-
portioned to a State under section 104(b)(4), a State 
shall reserve the amount of funds attributable to the 
inclusion of the 10 percent of surface transportation 
program funds apportioned to such State for fiscal
166 
† HR 4348 EAS 
year 2009 in the formula under section 104(b)(4) for 
projects under this subsection. 
‘‘(2) ELIGIBLE PROJECTS.—A State may obli-
gate the funds reserved under this subsection for any 
of the following projects or activities: 
‘‘(A) Transportation enhancements, as de-
fined in section 101. 
‘‘(B) The recreational trails program under 
section 206. 
‘‘(C) The safe routes to school program 
under section 1404 of the SAFETEA–LU (23 
U.S.C. 402 note; Public Law 109–59). 
‘‘(D) Planning, designing, or constructing 
boulevards and other roadways largely in the 
right-of-way of former Interstate System routes 
or other divided highways. 
‘‘(3) ALLOCATIONS OF FUNDS.— 
‘‘(A) CALCULATION.—Of the funds reserved 
in a State under this subsection— 
‘‘(i) 50 percent for a fiscal year shall 
be obligated under this subsection to any el-
igible entity in proportion to their relative 
shares of the population of the State—
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† HR 4348 EAS 
‘‘(I) in urbanized areas of the 
State with an urbanized area popu-
lation of over 200,000; 
‘‘(II) in areas of the State other 
than urban areas with a population 
greater than 5,000; and 
‘‘(III) in other areas of the State; 
and 
‘‘(ii) 50 percent shall be obligated in 
any area of the State. 
‘‘(B) METROPOLITAN
AREAS.—Funds at-
tributed to an urbanized area under subpara-
graph (A)(i)(I) may be obligated in the metro-
politan area established under section 134 that 
encompasses the urbanized area. 
‘‘(C) DISTRIBUTION
AMONG
URBANIZED 
AREAS OF OVER 200,000 POPULATION.— 
‘‘(i) IN GENERAL.—Except as provided 
in subparagraph (A)(ii), the amount of 
funds that a State is required to obligate 
under subparagraph (A)(i)(I) shall be obli-
gated in urbanized areas described in sub-
paragraph (A)(i)(I) based on the relative 
population of the areas.
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† HR 4348 EAS 
‘‘(ii) OTHER
FACTORS.—The State 
may obligate the funds described in clause 
(i) based on other factors if the State and 
the relevant metropolitan planning organi-
zations jointly apply to the Secretary for 
the permission to base the obligation on 
other factors and the Secretary grants the 
request. 
‘‘(D) ACCESS TO FUNDS.— 
‘‘(i) IN GENERAL.—Each State or met-
ropolitan planning organization required to 
obligate funds in accordance with subpara-
graph (A) shall develop a competitive proc-
ess to allow eligible entities to submit 
projects for funding that achieve the objec-
tives of this subsection. 
‘‘(ii) DEFINITION OF ELIGIBLE ENTI-
TY.—In this subsection, the term ‘eligible 
entity’ means— 
‘‘(I) a local government; 
‘‘(II) a regional transportation 
authority; 
‘‘(III) a transit agency; 
‘‘(IV) a natural resource or public 
land agency;
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† HR 4348 EAS 
‘‘(V) a school district, local edu-
cation agency, or school; 
‘‘(VI) a tribal government; and 
‘‘(VII) any other local or regional 
governmental entity with responsibility 
for or oversight of transportation or 
recreational trails (other than a tier I 
metropolitan planning organization or 
a State agency) that the State deter-
mines to be eligible, consistent with the 
goals of this subsection. 
‘‘(E) SELECTION OF PROJECTS.—Each tier 
I and tier II metropolitan planning organiza-
tion shall select projects carried out within the 
boundaries of the applicable metropolitan plan-
ning area, in consultation with the relevant 
State, for funds reserved in a State under this 
subsection and suballocated to the metropolitan 
planning area under subparagraph (A)(i). 
‘‘(4) FLEXIBILITY OF EXCESS RESERVED FUND-
ING.—Beginning in the second fiscal year after the 
date of enactment of the MAP–21, if on August 1 of 
that fiscal year the unobligated balance of available 
funds apportioned to a State under section 104(b)(4) 
and reserved by a State under this subsection exceeds
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† HR 4348 EAS 
150 percent of such reserved amount in such fiscal 
year, the State may thereafter obligate the amount of 
excess funds for any activity— 
‘‘(A) that is eligible to receive funding 
under this subsection; or 
‘‘(B) for which the Secretary has approved 
the obligation of funds for any State under this 
section. 
‘‘(5) PROVISION OF ADEQUATE DATA, MODELING, 
AND SUPPORT.—In any case in which a State re-
quests reasonable technical support or otherwise re-
quests data (including planning models and other 
modeling), clarification, or guidance regarding the 
content of any final rule or applicable regulation ma-
terial to State actions under this section, the Sec-
retary and any other agency shall provide that sup-
port, clarification, or guidance in a timely manner. 
‘‘(6) 
TREATMENT
OF
PROJECTS.—Notwith-
standing any other provision of law, projects funded 
under this subsection shall be treated as projects on 
a Federal-aid highway under this chapter. 
‘‘(7) CONTINUATION OF CERTAIN RECREATIONAL 
TRAILS PROJECTS.—Each State that does not opt out 
of this paragraph shall—
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† HR 4348 EAS 
‘‘(A) obligate an amount of funds reserved 
under this section equal to the amount of the 
funds apportioned to the State for fiscal year 
2009 under section 104(h)(2) for projects relating 
to recreational trails under section 206; 
‘‘(B) return 1 percent of those funds to the 
Secretary for the administration of that pro-
gram; and 
‘‘(C) comply with the provisions of the ad-
ministration of the recreational trails program 
under section 206, including the use of appor-
tioned funds described under subsection (d)(3)(A) 
of that section. 
‘‘(8) STATE FLEXIBILITY.—A State may opt out 
of the recreational trails program under paragraph 
(7) if the Governor of the State notifies the Secretary 
not later than 30 days prior to apportionments being 
made for any fiscal year.’’. 
SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PRO-
GRAM. 
(a) IN GENERAL.—Section 165 of title 23, United 
States Code, is amended to read as follows:
172 
† HR 4348 EAS 
‘‘§ 165. Territorial and Puerto Rico highway program 
‘‘(a) DIVISION OF FUNDS.—Of funds made available 
in a fiscal year for the territorial and Puerto Rico highway 
program— 
‘‘(1) 75 percent shall be for the Puerto Rico high-
way program under subsection (b); and 
‘‘(2) 25 percent shall be for the territorial high-
way program under subsection (c). 
‘‘(b) PUERTO RICO HIGHWAY PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall allocate 
funds made available to carry out this subsection to 
the Commonwealth of Puerto Rico to carry out a 
highway program in the Commonwealth. 
‘‘(2) TREATMENT
OF
FUNDS.—Amounts made 
available to carry out this subsection for a fiscal year 
shall be administered as follows: 
‘‘(A) APPORTIONMENT.— 
‘‘(i) IN GENERAL.—For the purpose of 
imposing any penalty under this title or 
title 49, the amounts shall be treated as 
being apportioned to Puerto Rico under sec-
tions 104(b) and 144 (as in effect for fiscal 
year 1997) for each program funded under 
those sections in an amount determined by 
multiplying—
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† HR 4348 EAS 
‘‘(I) the aggregate of the amounts 
for the fiscal year; by 
‘‘(II) the proportion that— 
‘‘(aa) the amount of funds 
apportioned to Puerto Rico for 
each such program for fiscal year 
1997; bears to 
‘‘(bb) the total amount of 
funds apportioned to Puerto Rico 
for all such programs for fiscal 
year 1997. 
‘‘(ii) EXCEPTION.—Funds identified 
under clause (i) as having been apportioned 
for the national highway system, the surface 
transportation program, and the Interstate 
maintenance program shall be deemed to 
have been apportioned 50 percent for the 
national highway performance program 
and 50 percent for the transportation mo-
bility program for purposes of imposing 
such penalties. 
‘‘(B) PENALTY.—The amounts treated as 
being apportioned to Puerto Rico under each sec-
tion referred to in subparagraph (A) shall be 
deemed to be required to be apportioned to Puer-
174 
† HR 4348 EAS 
to Rico under that section for purposes of the im-
position of any penalty under this title or title 
49. 
‘‘(C) 
ELIGIBLE
USES
OF
FUNDS.—Of 
amounts allocated to Puerto Rico for the Puerto 
Rico Highway Program for a fiscal year— 
‘‘(i) at least 50 percent shall be avail-
able only for purposes eligible under section 
119; 
‘‘(ii) at least 25 percent shall be avail-
able only for purposes eligible under section 
148; and 
‘‘(iii) any remaining funds may be ob-
ligated for activities eligible under chapter 
1. 
‘‘(3) EFFECT ON APPORTIONMENTS.—Except as 
otherwise specifically provided, Puerto Rico shall not 
be eligible to receive funds apportioned to States 
under this title. 
‘‘(c) TERRITORIAL HIGHWAY PROGRAM.— 
‘‘(1) TERRITORY DEFINED.—In this subsection, 
the term ‘territory’ means any of the following terri-
tories of the United States: 
‘‘(A) American Samoa.
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† HR 4348 EAS 
‘‘(B) The Commonwealth of the Northern 
Mariana Islands. 
‘‘(C) Guam. 
‘‘(D) The United States Virgin Islands. 
‘‘(2) PROGRAM.— 
‘‘(A) IN GENERAL.—Recognizing the mutual 
benefits that will accrue to the territories and the 
United States from the improvement of highways 
in the territories, the Secretary may carry out a 
program to assist each government of a territory 
in the construction and improvement of a system 
of arterial and collector highways, and necessary 
inter-island connectors, that is— 
‘‘(i) designated by the Governor or 
chief executive officer of each territory; and 
‘‘(ii) approved by the Secretary. 
‘‘(B) FEDERAL SHARE.—The Federal share 
of Federal financial assistance provided to terri-
tories under this subsection shall be in accord-
ance with section 120(g). 
‘‘(3) TECHNICAL ASSISTANCE.— 
‘‘(A) IN
GENERAL.—To continue a long- 
range highway development program, the Sec-
retary may provide technical assistance to the
176 
† HR 4348 EAS 
governments of the territories to enable the terri-
tories, on a continuing basis— 
‘‘(i) to engage in highway planning; 
‘‘(ii) to conduct environmental evalua-
tions; 
‘‘(iii) to administer right-of-way ac-
quisition and relocation assistance pro-
grams; and 
‘‘(iv) to design, construct, operate, and 
maintain a system of arterial and collector 
highways, including necessary inter-island 
connectors. 
‘‘(B) FORM AND TERMS OF ASSISTANCE.— 
Technical assistance provided under subpara-
graph (A), and the terms for the sharing of in-
formation among territories receiving the tech-
nical assistance, shall be included in the agree-
ment required by paragraph (5). 
‘‘(4) NONAPPLICABILITY
OF
CERTAIN
PROVI-
SIONS.— 
‘‘(A) IN
GENERAL.—Except to the extent 
that provisions of this chapter are determined by 
the Secretary to be inconsistent with the needs of 
the territories and the intent of this subsection, 
this chapter (other than provisions of this chap-
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† HR 4348 EAS 
ter relating to the apportionment and allocation 
of funds) shall apply to funds made available 
under this subsection. 
‘‘(B) APPLICABLE PROVISIONS.—The agree-
ment required by paragraph (5) for each terri-
tory shall identify the sections of this chapter 
that are applicable to that territory and the ex-
tent of the applicability of those sections. 
‘‘(5) AGREEMENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (D), none of the funds made avail-
able under this subsection shall be available for 
obligation or expenditure with respect to any ter-
ritory until the chief executive officer of the terri-
tory has entered into an agreement (including 
an agreement entered into under section 215 as 
in effect on the day before the enactment of this 
section) with the Secretary providing that the 
government of the territory shall— 
‘‘(i) implement the program in accord-
ance with applicable provisions of this 
chapter and paragraph (4); 
‘‘(ii) design and construct a system of 
arterial and collector highways, including
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† HR 4348 EAS 
necessary inter-island connectors, in accord-
ance with standards that are— 
‘‘(I) appropriate for each terri-
tory; and 
‘‘(II) approved by the Secretary; 
‘‘(iii) provide for the maintenance of 
facilities constructed or operated under this 
subsection in a condition to adequately 
serve the needs of present and future traffic; 
and 
‘‘(iv) implement standards for traffic 
operations and uniform traffic control de-
vices that are approved by the Secretary. 
‘‘(B) TECHNICAL ASSISTANCE.—The agree-
ment required by subparagraph (A) shall— 
‘‘(i) specify the kind of technical assist-
ance to be provided under the program; 
‘‘(ii) include appropriate provisions 
regarding information sharing among the 
territories; and 
‘‘(iii) delineate the oversight role and 
responsibilities of the territories and the 
Secretary. 
‘‘(C) REVIEW
AND
REVISION
OF
AGREE-
MENT.—The agreement entered into under sub-
179 
† HR 4348 EAS 
paragraph (A) shall be reevaluated and, as nec-
essary, revised, at least every 2 years. 
‘‘(D) EXISTING AGREEMENTS.—With respect 
to an agreement under this subsection or an 
agreement entered into under section 215 of this 
title as in effect on the day before the date of en-
actment of this subsection— 
‘‘(i) the agreement shall continue in 
force until replaced by an agreement entered 
into in accordance with subparagraph (A); 
and 
‘‘(ii) amounts made available under 
this subsection under the existing agreement 
shall be available for obligation or expendi-
ture so long as the agreement, or the exist-
ing agreement entered into under subpara-
graph (A), is in effect. 
‘‘(6) ELIGIBLE USES OF FUNDS.— 
‘‘(A) IN GENERAL.—Funds made available 
under this subsection may be used only for the 
following projects and activities carried out in a 
territory: 
‘‘(i) Eligible transportation mobility 
program 
projects 
described 
in 
section 
133(c).
180 
† HR 4348 EAS 
‘‘(ii) Cost-effective, preventive mainte-
nance consistent with section 116(d). 
‘‘(iii) Ferry boats, terminal facilities, 
and approaches, in accordance with sub-
sections (b) and (c) of section 129. 
‘‘(iv) Engineering and economic sur-
veys and investigations for the planning, 
and the financing, of future highway pro-
grams. 
‘‘(v) Studies of the economy, safety, 
and convenience of highway use. 
‘‘(vi) The regulation and equitable tax-
ation of highway use. 
‘‘(vii) Such research and development 
as are necessary in connection with the 
planning, design, and maintenance of the 
highway system. 
‘‘(B) PROHIBITION ON USE OF FUNDS FOR 
ROUTINE
MAINTENANCE.—None of the funds 
made available under this subsection shall be ob-
ligated or expended for routine maintenance. 
‘‘(7) LOCATION OF PROJECTS.—Territorial high-
way program projects (other than those described in 
paragraphs (2), (4), (7), (8), (14), and (19) of section
181 
† HR 4348 EAS 
133(c)) may not be undertaken on roads functionally 
classified as local.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) CLERICAL
AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code, is amended 
by striking the item relating to section 165 and in-
serting the following: 
‘‘165. Territorial and Puerto Rico highway program.’’. 
(2) OBSOLETE TEXT.—Section 215 of that title, 
and the item relating to that section in the analysis 
for chapter 2, are repealed. 
SEC. 1115. NATIONAL FREIGHT PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘§ 167. National freight program 
‘‘(a) NATIONAL FREIGHT PROGRAM.—It is the policy 
of the United States to improve the condition and perform-
ance of the national freight network to ensure that the na-
tional freight network provides the foundation for the 
United States to compete in the global economy and achieve 
each goal described in subsection (b). 
‘‘(b) GOALS.—The goals of the national freight pro-
gram are— 
‘‘(1) to invest in infrastructure improvements 
and to implement operational improvements that—
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† HR 4348 EAS 
‘‘(A) strengthen the contribution of the na-
tional freight network to the economic competi-
tiveness of the United States; 
‘‘(B) reduce congestion; and 
‘‘(C) increase productivity, particularly for 
domestic industries and businesses that create 
high-value jobs; 
‘‘(2) to reduce the environmental impacts of 
freight movement on the national freight network; 
‘‘(3) to improve the safety, security, and resil-
ience of freight transportation; 
‘‘(4) to improve the state of good repair of the 
national freight network; 
‘‘(5) to use advanced technology to improve the 
safety and efficiency of the national freight network; 
‘‘(6) to incorporate concepts of performance, in-
novation, competition, and accountability into the op-
eration and maintenance of the national freight net-
work; and 
‘‘(7) to improve the economic efficiency of the 
national freight network. 
‘‘(c) ESTABLISHMENT OF PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
and implement a national freight program in accord-
ance with this section to strategically direct Federal
183 
† HR 4348 EAS 
resources toward improved system performance for ef-
ficient movement of freight on highways, including 
national highway system freight intermodal connec-
tors and aerotropolis transportation systems. 
‘‘(2) NETWORK
COMPONENTS.—The national 
freight network shall consist of— 
‘‘(A) the primary freight network, as des-
ignated by the Secretary under subsection (f) (re-
ferred to in this section as the ‘primary freight 
network’) as most critical to the movement of 
freight; 
‘‘(B) the portions of the Interstate System 
not designated as part of the primary freight 
network; and 
‘‘(C) critical rural freight corridors estab-
lished under subsection (g). 
‘‘(d) USE OF APPORTIONED FUNDS.— 
‘‘(1) PROJECTS ON THE NATIONAL FREIGHT NET-
WORK.—At a minimum, following designation of the 
primary freight network under subsection (f), a State 
shall obligate funds apportioned under section 
104(b)(5) to improve the movement of freight on the 
national freight network.
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† HR 4348 EAS 
‘‘(2) LOCATION OF PROJECTS.—A project carried 
out using funds apportioned under paragraph (1) 
shall be located— 
‘‘(A) on the primary freight network as de-
scribed under subsection (f); 
‘‘(B) on a portion of the Interstate System 
not designated as primary freight network; 
‘‘(C) on roads off of the Interstate System or 
primary freight network, if that use of funds will 
provide— 
‘‘(i) a more significant improvement to 
freight movement on the Interstate System 
or the primary freight network; 
‘‘(ii) critical freight access to the Inter-
state System or the primary freight net-
work; or 
‘‘(iii) mitigation of the congestion im-
pacts from freight movement; 
‘‘(D) on a national highway system freight 
intermodal connector; 
‘‘(E) on critical rural freight corridors, as 
designated under subsection (g) (except that not 
more than 20 percent of the total anticipated ap-
portionment of a State under section 104(b)(5)
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during fiscal years 2012 and 2013 may be used 
for projects on critical rural freight corridors); or 
‘‘(F) within the boundaries of public and 
private intermodal facilities, but shall only in-
clude surface infrastructure necessary to facili-
tate direct intermodal interchange, transfer, and 
access into and out of the facility. 
‘‘(3) PRIMARY FREIGHT NETWORK FUNDING.— 
Beginning for each fiscal year after the Secretary des-
ignates the primary freight network, a State shall ob-
ligate from funds apportioned under section 104(b)(5) 
for the primary freight network the lesser of— 
‘‘(A) an amount equal to the product ob-
tained by multiplying— 
‘‘(i) an amount equal to 110 percent of 
the apportionment of the State for the fiscal 
year under section 104(b)(5); and 
‘‘(ii) the proportion that— 
‘‘(I) the total designated primary 
freight network mileage of the State; 
bears to 
‘‘(II) the sum of the designated 
primary freight network mileage of the 
State and the total Interstate system 
mileage of the State that is not des-
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ignated as part of the primary freight 
network; or 
‘‘(B) an amount equal to the total appor-
tionment of the State under section 104(b)(5). 
‘‘(e) ELIGIBILITY.— 
‘‘(1) ELIGIBLE
PROJECTS.—To be eligible for 
funding under this section, a project shall dem-
onstrate the improvement made by the project to the 
efficient movement of freight on the national freight 
network. 
‘‘(2) FREIGHT RAIL AND MARITIME PROJECTS.— 
‘‘(A) IN GENERAL.—A State may obligate 
an amount equal to not more than 10 percent of 
the total apportionment to the State under sec-
tion 104(b)(5) over the period of fiscal years 
2012 and 2013 for public or private freight rail 
or maritime projects. 
‘‘(B) ELIGIBILITY.—For a State to be eligi-
ble to obligate funds in the manner described in 
subparagraph (A), the Secretary shall concur 
with the State that— 
‘‘(i) the project for which the State 
seeks to obligate funds under this paragraph 
would make freight rail improvements to 
enhance cross-border commerce within 5
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miles of the international border between 
the United States and Canada or Mexico or 
make significant improvement to freight 
movements on the national freight network; 
and 
‘‘(ii) the public benefit of the project— 
‘‘(I) exceeds the Federal invest-
ment; and 
‘‘(II) provides a better return 
than a highway project on a segment 
of the primary freight network. 
‘‘(3) ELIGIBLE PROJECT COSTS.—A State may 
obligate funds apportioned to the State under section 
104(b)(5) for the national freight program for any of 
the following costs of an eligible project: 
‘‘(A) Development phase activities, includ-
ing planning, feasibility analysis, revenue fore-
casting, environmental review, preliminary engi-
neering 
and 
design 
work, 
and 
other 
preconstruction activities. 
‘‘(B) Construction, reconstruction, rehabili-
tation, acquisition of real property (including 
land relating to the project and improvements to 
land), construction contingencies, acquisition of 
equipment, and operational improvements di-
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rectly relating to improving system performance, 
including but not limited to any segment of the 
primary freight network that falls below the 
minimum level established pursuant to section 
119(f). 
‘‘(C) Intelligent transportation systems and 
other technology to improve the flow of freight. 
‘‘(D) Efforts to reduce the environmental 
impacts of freight movement on the national 
freight network. 
‘‘(E) Environmental mitigation. 
‘‘(F) Railway-highway grade separation. 
‘‘(G) Geometric improvements to inter-
changes and ramps. 
‘‘(H) Truck-only lanes. 
‘‘(I) Climbing and runaway truck lanes. 
‘‘(J) Adding or widening of shoulders. 
‘‘(K) Truck parking facilities eligible for 
funding under section 1401 of the MAP–21. 
‘‘(L) Real-time traffic, truck parking, road-
way condition, and multimodal transportation 
information systems. 
‘‘(M) Electronic screening and credentialing 
systems for vehicles, including weigh-in-motion 
truck inspection technologies.
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‘‘(N) Traffic signal optimization including 
synchronized and adaptive signals. 
‘‘(O) Work zone management and informa-
tion systems. 
‘‘(P) Highway ramp metering. 
‘‘(Q) Electronic cargo and border security 
technologies that improve truck freight move-
ment. 
‘‘(R) Intelligent transportation systems that 
would increase truck freight efficiencies inside 
the boundaries of intermodal facilities. 
‘‘(S) Any other activities to improve the 
flow of freight on the national freight network. 
‘‘(4) OTHER ELIGIBLE COSTS.—In addition to 
eligible project costs, a State may use funds appor-
tioned under section 104(b)(5) for— 
‘‘(A) carrying out diesel retrofit or alter-
native fuel projects defined in section 149 for 
class 8 vehicles; or 
‘‘(B) the necessary costs of— 
‘‘(i) conducting analyses and data col-
lection; 
‘‘(ii) developing and updating perform-
ance targets to carry out this section; or
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‘‘(iii) reporting to the Secretary to 
comply with subsection (i). 
‘‘(5) ELIGIBLE PROJECT COSTS PRIOR TO DES-
IGNATION
OF
THE
PRIMARY
FREIGHT
NETWORK.— 
Prior to the date of designation of the primary freight 
network, a State may obligate funds apportioned to 
the State under section 104(b)(5) to improve freight 
movement on the Interstate System for— 
‘‘(A) construction, reconstruction, resur-
facing, restoration, and rehabilitation of seg-
ments of the Interstate System; 
‘‘(B) operational improvements for segments 
of the Interstate System; 
‘‘(C) construction of, and operational im-
provements for, a Federal-aid highway not on 
the Interstate System, and construction of a 
transit project eligible for assistance under chap-
ter 53 of title 49, United States Code, if— 
‘‘(i) the highway or transit project is 
in the same corridor as, and in proximity 
to a highway designated as a part of, the 
Interstate System; 
‘‘(ii) the construction or improvements 
would improve the level of service on the 
Interstate System described in subpara-
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† HR 4348 EAS 
graph (A) and improve freight traffic flow; 
and 
‘‘(iii) the construction or improvements 
are more cost-effective for freight movement 
than an improvement to the Interstate Sys-
tem described in subparagraph (A); 
‘‘(D) highway safety improvements for seg-
ments of the Interstate System; 
‘‘(E) transportation planning in accordance 
with sections 134 and 135; 
‘‘(F) the costs of conducting analysis and 
data collection to comply with this section; 
‘‘(G) truck parking facilities eligible for 
funding under section 1401 of the MAP–21; 
‘‘(H) infrastructure-based intelligent trans-
portation systems capital improvements; 
‘‘(I) environmental restoration and pollu-
tion abatement in accordance with section 328; 
and 
‘‘(J) in accordance with all applicable Fed-
eral law (including regulations), participation 
in natural habitat and wetlands mitigation ef-
forts relating to projects funded under this title, 
which may include participation in natural 
habitat and wetlands mitigation banks, contribu-
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the bank contains sufficient available cred-
its to offset the impact and the bank is ap-
proved in accordance with applicable Fed-
eral law (including regulations). 
‘‘(f) DESIGNATION OF PRIMARY FREIGHT NETWORK.— 
‘‘(1) INITIAL DESIGNATION OF PRIMARY FREIGHT 
NETWORK.— 
‘‘(A) DESIGNATION.—Not later than 1 year 
after the date of enactment of this section, the 
Secretary shall designate a primary freight net-
work— 
‘‘(i) based on an inventory of national 
freight volume conducted by the Adminis-
trator of the Federal Highway Administra-
tion, in consultation with stakeholders, in-
cluding system users, transport providers, 
and States; and 
‘‘(ii) that shall be comprised of not 
more than 27,000 centerline miles of exist-
ing roadways that are most critical to the 
movement of freight. 
‘‘(B) FACTORS FOR DESIGNATION.—In des-
ignating the primary freight network, the Sec-
retary shall consider—
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‘‘(i) the origins and destinations of 
freight movement in the United States; 
‘‘(ii) the total freight tonnage and 
value of freight moved by all modes of 
transportation; 
‘‘(iii) the percentage of annual average 
daily truck traffic in the annual average 
daily traffic on principal arterials; 
‘‘(iv) the annual average daily truck 
traffic on principal arterials; 
‘‘(v) land and maritime ports of entry; 
‘‘(vi) population centers; and 
‘‘(vii) network connectivity. 
‘‘(2) ADDITIONAL MILES ON PRIMARY FREIGHT 
NETWORK.—In addition to the miles initially des-
ignated under paragraph (1), the Secretary may in-
crease the number of miles designated as part of the 
primary freight network by not more than 3,000 ad-
ditional centerline miles of roadways (which may in-
clude existing or planned roads) critical to future effi-
cient movement of goods on the primary freight net-
work. 
‘‘(3) REDESIGNATION OF PRIMARY FREIGHT NET-
WORK.—During calendar year 2015 and every 10 
years thereafter, using the designation factors de-
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† HR 4348 EAS 
scribed in paragraph (1), the Secretary shall redesig-
nate the primary freight network (including addi-
tional mileage described in subsection (f)(2)). 
‘‘(g) CRITICAL RURAL FREIGHT CORRIDORS.—A State 
may designate a road within the borders of the State as 
a critical rural freight corridor if the road— 
‘‘(1) is a rural principal arterial roadway and 
has a minimum of 25 percent of the annual average 
daily traffic of the road measured in passenger vehicle 
equivalent units from trucks (FHWA vehicle class 8 
to 13); or 
‘‘(2) connects the primary freight network, a 
roadway described in paragraph (1), or Interstate 
System to facilities that handle more than— 
‘‘(A) 50,000 20-foot equivalent units per 
year; or 
‘‘(B) 500,000 tons per year of bulk commod-
ities. 
‘‘(h) NATIONAL FREIGHT STRATEGIC PLAN.— 
‘‘(1) 
INITIAL
DEVELOPMENT
OF
NATIONAL 
FREIGHT STRATEGIC PLAN.—Not later than 3 years 
after the date of enactment of this section, the Sec-
retary shall, in consultation with appropriate public 
and private transportation stakeholders, develop and 
post on the Department of Transportation public
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† HR 4348 EAS 
website a national freight strategic plan that shall in-
clude— 
‘‘(A) an assessment of the condition and 
performance of the national freight network; 
‘‘(B) an identification of highway bottle-
necks on the national freight network that create 
significant freight congestion problems, based on 
a quantitative methodology developed by the Sec-
retary, which shall, at a minimum, include in-
formation from the Freight Analysis Network of 
the Federal Highway Administration; 
‘‘(C) forecasts of freight volumes for the 20- 
year period beginning in the year during which 
the plan is issued; 
‘‘(D) an identification of major trade gate-
ways and national freight corridors that connect 
major population centers, trade gateways, and 
other major freight generators for current and 
forecasted traffic and freight volumes, the identi-
fication of which shall be revised, as appropriate, 
in subsequent plans; 
‘‘(E) an assessment of statutory, regulatory, 
technological, institutional, financial, and other 
barriers to improved freight transportation per-
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† HR 4348 EAS 
formance (including opportunities for over-
coming the barriers); 
‘‘(F) best practices for improving the per-
formance of the national freight network; 
‘‘(G) best practices to mitigate the impacts 
of freight movement on communities; 
‘‘(H) a process for addressing multistate 
projects and encouraging jurisdictions to collabo-
rate; and 
‘‘(I) strategies to improve maritime, freight 
rail, and freight intermodal connectivity. 
‘‘(2) UPDATES
TO
NATIONAL
FREIGHT
STRA-
TEGIC PLAN.—Not later than 5 years after the date of 
completion of the first national freight strategic plan 
under paragraph (1), and every 5 years thereafter, 
the Secretary shall update and repost on the Depart-
ment of Transportation public website a revised na-
tional freight strategic plan. 
‘‘(i) FREIGHT PERFORMANCE TARGETS.— 
‘‘(1) RULEMAKING.—Not later than 2 years after 
the date of enactment of this section, the Secretary, in 
consultation with State departments of transportation 
and other appropriate public and private transpor-
tation stakeholders, shall publish a rulemaking that
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† HR 4348 EAS 
establishes performance measures for freight move-
ment on the primary freight network. 
‘‘(2) STATE
TARGETS
AND
REPORTING.—Not 
later than 1 year after the date on which the Sec-
retary publishes the rulemaking under paragraph (1), 
each State shall— 
‘‘(A) develop and periodically update State 
performance targets for freight movement on the 
primary freight network— 
‘‘(i) in consultation with appropriate 
public and private stakeholders; and 
‘‘(ii) using measures determined by the 
Secretary; and 
‘‘(B) for every 2-year period, submit to the 
Secretary a report that contains a description 
of— 
‘‘(i) the progress of the State toward 
meeting the targets; and 
‘‘(ii) the ways in which the State is 
addressing congestion at freight bottlenecks 
within the State. 
‘‘(3) COMPLIANCE.— 
‘‘(A) PERFORMANCE TARGETS.—To obligate 
funding apportioned under section 104(b)(5),
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† HR 4348 EAS 
each State shall develop performance targets in 
accordance with paragraph (2). 
‘‘(B) DETERMINATION
OF
SECRETARY.—If 
the Secretary determines that a State has not 
met or made significant progress toward meeting 
the performance targets of the State by the date 
that is 2 years after the date of establishment of 
the performance targets, until the date on which 
the Secretary determines that the State has met 
(or has made significant progress towards meet-
ing) the State performance targets, the State 
shall submit to the Secretary, on a biennial 
basis, a freight performance improvement plan 
that includes— 
‘‘(i) an identification of significant 
freight system trends, needs, and issues 
within the State; 
‘‘(ii) a description of the freight poli-
cies and strategies that will guide the 
freight-related transportation investments of 
the State; 
‘‘(iii) an inventory of freight bottle-
necks within the State and a description of 
the ways in which the State is allocating 
funds to improve those bottlenecks; and
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† HR 4348 EAS 
‘‘(iv) a description of the actions the 
State will undertake to meet the perform-
ance targets of the State. 
‘‘(j) FREIGHT
TRANSPORTATION
CONDITIONS
AND 
PERFORMANCE REPORTS.—Not later than 2 years after the 
date of enactment of this section, and biennially thereafter, 
the Secretary shall prepare a report that contains a descrip-
tion of the conditions and performance of the national 
freight network in the United States. 
‘‘(k) TRANSPORTATION INVESTMENT DATA AND PLAN-
NING TOOLS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, the Secretary 
shall— 
‘‘(A) begin development of new tools and 
improvement of existing tools or improve exist-
ing tools to support an outcome-oriented, per-
formance-based approach to evaluate proposed 
freight-related and other transportation projects, 
including— 
‘‘(i) methodologies for systematic anal-
ysis of benefits and costs; 
‘‘(ii) tools for ensuring that the evalua-
tion of freight-related and other transpor-
tation projects could consider safety, eco-
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† HR 4348 EAS 
nomic competitiveness, environmental sus-
tainability, and system condition in the 
project selection process; and 
‘‘(iii) other elements to assist in effec-
tive transportation planning; 
‘‘(B) identify transportation-related model 
data elements to support a broad range of eval-
uation methods and techniques to assist in mak-
ing transportation investment decisions; and 
‘‘(C) at a minimum, in consultation with 
other relevant Federal agencies, consider any im-
provements to existing freight flow data collec-
tion efforts that could reduce identified freight 
data gaps and deficiencies and help improve 
forecasts of freight transportation demand. 
‘‘(2) CONSULTATION.—The Secretary shall con-
sult with Federal, State, and other stakeholders to de-
velop, improve, and implement the tools and collect 
the data in paragraph (1). 
‘‘(l) DEFINITION OF AEROTROPOLIS TRANSPORTATION 
SYSTEM.—For the purposes of this section, the term 
‘aerotropolis transportation system’ means a planned and 
coordinated multimodal freight and passenger transpor-
tation network that, as determined by the Secretary, pro-
vides efficient, cost-effective, sustainable, and intermodal
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† HR 4348 EAS 
connectivity to a defined region of economic significance 
centered around a major airport. 
‘‘(m) TREATMENT
OF PROJECTS.—Notwithstanding 
any other provision of law, projects funded under this sec-
tion shall be treated as projects on a Federal-aid highway 
under this chapter.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘167. National freight program.’’. 
SEC. 1116. FEDERAL LANDS AND TRIBAL TRANSPORTATION 
PROGRAMS. 
(a) IN GENERAL.—Chapter 2 of title 23, United States 
Code, is amended by striking sections 201 through 204 and 
inserting the following: 
‘‘§ 201. Federal lands and tribal transportation pro-
grams 
‘‘(a) PURPOSE.—Recognizing the need for all public 
Federal and tribal transportation facilities to be treated 
under uniform policies similar to the policies that apply 
to Federal-aid highways and other public transportation fa-
cilities, the Secretary of Transportation, in collaboration 
with the Secretaries of the appropriate Federal land man-
agement agencies, shall coordinate a uniform policy for all 
public Federal and tribal transportation facilities that shall 
apply to Federal lands transportation facilities, tribal
203 
† HR 4348 EAS 
transportation facilities, and Federal lands access transpor-
tation facilities. 
‘‘(b) AVAILABILITY OF FUNDS.— 
‘‘(1) AVAILABILITY.—Funds authorized for the 
tribal transportation program, the Federal lands 
transportation program, and the Federal lands access 
program shall be available for contract upon appor-
tionment, or on October 1 of the fiscal year for which 
the funds were authorized if no apportionment is re-
quired. 
‘‘(2) AMOUNT
REMAINING.—Any amount re-
maining unexpended for a period of 3 years after the 
close of the fiscal year for which the funds were au-
thorized shall lapse. 
‘‘(3) OBLIGATIONS.—The Secretary of the de-
partment responsible for the administration of funds 
under this subsection may incur obligations, approve 
projects, and enter into contracts under such author-
izations, which shall be considered to be contractual 
obligations of the United States for the payment of 
the cost thereof, the funds of which shall be considered 
to have been expended when obligated. 
‘‘(4) EXPENDITURE.— 
‘‘(A) IN GENERAL.—Any funds authorized 
for any fiscal year after the date of enactment of
204 
† HR 4348 EAS 
this section under the Federal lands transpor-
tation program, the Federal lands access pro-
gram, and the tribal transportation program 
shall be considered to have been expended if a 
sum equal to the total of the sums authorized for 
the fiscal year and previous fiscal years have 
been obligated. 
‘‘(B) CREDITED
FUNDS.—Any funds de-
scribed in subparagraph (A) that are released by 
payment of final voucher or modification of 
project authorizations shall be— 
‘‘(i) credited to the balance of unobli-
gated authorizations; and 
‘‘(ii) immediately available for expend-
iture. 
‘‘(5) APPLICABILITY.—This section shall not 
apply to funds authorized before the date of enactment 
of this paragraph. 
‘‘(6) CONTRACTUAL OBLIGATION.— 
‘‘(A) IN
GENERAL.—Notwithstanding any 
other provision of law (including regulations), 
the authorization by the Secretary, or the Sec-
retary of the appropriate Federal land manage-
ment agency if the agency is the contracting of-
fice, of engineering and related work for the de-
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† HR 4348 EAS 
velopment, design, and acquisition associated 
with a construction project, whether performed 
by contract or agreement authorized by law, or 
the approval by the Secretary of plans, specifica-
tions, and estimates for construction of a project, 
shall be considered to constitute a contractual ob-
ligation of the Federal Government to pay the 
total eligible cost of— 
‘‘(i) any project funded under this 
title; and 
‘‘(ii) any project funded pursuant to 
agreements authorized by this title or any 
other title. 
‘‘(B) EFFECT.—Nothing in this para-
graph— 
‘‘(i) affects the application of the Fed-
eral share associated with the project being 
undertaken under this section; or 
‘‘(ii) modifies the point of obligation 
associated with Federal salaries and ex-
penses. 
‘‘(7) FEDERAL SHARE.— 
‘‘(A) TRIBAL AND FEDERAL LANDS TRANS-
PORTATION PROGRAM.—The Federal share of the 
cost of a project carried out under the Federal
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† HR 4348 EAS 
lands transportation program or the tribal 
transportation program shall be 100 percent. 
‘‘(B) FEDERAL LANDS ACCESS PROGRAM.— 
The Federal share of the cost of a project carried 
out under the Federal lands access program shall 
be determined in accordance with section 120. 
‘‘(c) TRANSPORTATION PLANNING.— 
‘‘(1) 
TRANSPORTATION
PLANNING
PROCE-
DURES.—In consultation with the Secretary of each 
appropriate Federal land management agency, the 
Secretary shall implement transportation planning 
procedures for Federal lands and tribal transpor-
tation facilities that are consistent with the planning 
processes required under sections 134 and 135. 
‘‘(2) APPROVAL OF TRANSPORTATION IMPROVE-
MENT
PROGRAM.—The transportation improvement 
program developed as a part of the transportation 
planning process under this section shall be approved 
by the Secretary. 
‘‘(3) INCLUSION IN OTHER PLANS.—Each region-
ally significant tribal transportation program, Fed-
eral lands transportation program, and Federal lands 
access program project shall be— 
‘‘(A) developed in cooperation with State 
and metropolitan planning organizations; and
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† HR 4348 EAS 
‘‘(B) included in appropriate tribal trans-
portation program plans, Federal lands trans-
portation program plans, Federal lands access 
program plans, State and metropolitan plans, 
and transportation improvement programs. 
‘‘(4) INCLUSION IN STATE PROGRAMS.—The ap-
proved tribal transportation program, Federal lands 
transportation program, and Federal lands access 
program transportation improvement programs shall 
be included in appropriate State and metropolitan 
planning organization plans and programs without 
further action on the transportation improvement 
program. 
‘‘(5) ASSET MANAGEMENT.—The Secretary and 
the Secretary of each appropriate Federal land man-
agement agency shall, to the extent appropriate, im-
plement safety, bridge, pavement, and congestion 
management systems for facilities funded under the 
tribal transportation program and the Federal lands 
transportation program in support of asset manage-
ment. 
‘‘(6) DATA COLLECTION.— 
‘‘(A) DATA
COLLECTION.—The Secretaries 
of the appropriate Federal land management 
agencies shall collect and report data necessary
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† HR 4348 EAS 
to implement the Federal lands transportation 
program, the Federal lands access program, and 
the tribal transportation program, including— 
‘‘(i) inventory and condition informa-
tion on Federal lands transportation facili-
ties and tribal transportation facilities; and 
‘‘(ii) bridge inspection and inventory 
information on any Federal bridge open to 
the public. 
‘‘(B) STANDARDS.—The Secretary, in co-
ordination with the Secretaries of the appro-
priate Federal land management agencies, shall 
define the collection and reporting data stand-
ards. 
‘‘(7) ADMINISTRATIVE
EXPENSES.—To imple-
ment the activities described in this subsection, in-
cluding direct support of transportation planning ac-
tivities among Federal land management agencies, the 
Secretary may use not more than 5 percent for each 
fiscal year of the funds authorized for programs under 
sections 203 and 204. 
‘‘(d) REIMBURSABLE AGREEMENTS.—In carrying out 
work under reimbursable agreements with any State, local, 
or tribal government under this title, the Secretary—
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† HR 4348 EAS 
‘‘(1) may, without regard to any other provision 
of law (including regulations), record obligations 
against accounts receivable from the entity; and 
‘‘(2) shall credit amounts received from the enti-
ty to the appropriate account, which shall occur not 
later than 90 days after the date of the original re-
quest by the Secretary for payment. 
‘‘(e) TRANSFERS.— 
‘‘(1) IN GENERAL.—To enable the efficient use of 
funds made available for the Federal lands transpor-
tation program and the Federal lands access pro-
gram, the funds may be transferred by the Secretary 
within and between each program with the concur-
rence of, as appropriate— 
‘‘(A) the Secretary; 
‘‘(B) the affected Secretaries of the respec-
tive Federal land management agencies; 
‘‘(C) State departments of transportation; 
and 
‘‘(D) local government agencies. 
‘‘(2) CREDIT.—The funds described in paragraph 
(1) shall be credited back to the loaning entity with 
funds that are currently available for obligation at 
the time of the credit.
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† HR 4348 EAS 
‘‘§ 202. Tribal transportation program 
‘‘(a) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Funds made available under 
the tribal transportation program shall be used by the 
Secretary of Transportation and the Secretary of the 
Interior to pay the costs of— 
‘‘(A)(i) transportation planning, research, 
maintenance, engineering, rehabilitation, res-
toration, construction, and reconstruction of trib-
al transportation facilities; 
‘‘(ii) adjacent vehicular parking areas; 
‘‘(iii) interpretive signage; 
‘‘(iv) acquisition of necessary scenic ease-
ments and scenic or historic sites; 
‘‘(v) provisions for pedestrians and bicycles; 
‘‘(vi) environmental mitigation in or adja-
cent to tribal land— 
‘‘(I) to improve public safety and re-
duce vehicle-caused wildlife mortality while 
maintaining habitat connectivity; and 
‘‘(II) to mitigate the damage to wild-
life, aquatic organism passage, habitat, and 
ecosystem connectivity, including the costs 
of constructing, maintaining, replacing, or 
removing culverts and bridges, as appro-
priate;
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† HR 4348 EAS 
‘‘(vii) construction and reconstruction of 
roadside rest areas, including sanitary and 
water facilities; and 
‘‘(viii) other appropriate public road facili-
ties as determined by the Secretary; 
‘‘(B) operation and maintenance of transit 
programs and facilities that are located on, or 
provide access to, tribal land, or are adminis-
tered by a tribal government; and 
‘‘(C) any transportation project eligible for 
assistance under this title that is located within, 
or that provides access to, tribal land, or is asso-
ciated with a tribal government. 
‘‘(2) CONTRACT.—In connection with an activity 
described in paragraph (1), the Secretary and the 
Secretary of the Interior may enter into a contract or 
other appropriate agreement with respect to the activ-
ity with— 
‘‘(A) a State (including a political subdivi-
sion of a State); or 
‘‘(B) an Indian tribe. 
‘‘(3) INDIAN LABOR.—Indian labor may be em-
ployed, in accordance with such rules and regulations 
as may be promulgated by the Secretary of the Inte-
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† HR 4348 EAS 
rior, to carry out any construction or other activity 
described in paragraph (1). 
‘‘(4) FEDERAL
EMPLOYMENT.—No maximum 
limitation on Federal employment shall be applicable 
to the construction or improvement of tribal transpor-
tation facilities. 
‘‘(5) FUNDS FOR CONSTRUCTION AND IMPROVE-
MENT.—All funds made available for the construction 
and improvement of tribal transportation facilities 
shall be administered in conformity with regulations 
and agreements jointly approved by the Secretary 
and the Secretary of the Interior. 
‘‘(6) TRIBAL
TECHNICAL
ASSISTANCE
CEN-
TERS.—The Secretary of the Interior may reserve 
amounts from administrative funds of the Bureau of 
Indian Affairs that are associated with the tribal 
transportation program to fund tribal technical as-
sistance centers under section 504(b). 
‘‘(7) MAINTENANCE.— 
‘‘(A) USE
OF
FUNDS.—Notwithstanding 
any other provision of this title, of the amount 
of funds allocated to an Indian tribe from the 
tribal transportation program, for the purpose of 
maintenance (excluding road sealing, which shall 
not be subject to any limitation), the Secretary
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† HR 4348 EAS 
shall not use an amount more than the greater 
of— 
‘‘(i) an amount equal to 25 percent; or 
‘‘(ii) $500,000. 
‘‘(B) RESPONSIBILITY OF BUREAU OF IN-
DIAN AFFAIRS AND SECRETARY OF THE INTE-
RIOR.— 
‘‘(i) BUREAU
OF
INDIAN
AFFAIRS.— 
The Bureau of Indian Affairs shall retain 
primary responsibility, including annual 
funding request responsibility, for Bureau 
of Indian Affairs road maintenance pro-
grams on Indian reservations. 
‘‘(ii) SECRETARY OF THE INTERIOR.— 
The Secretary of the Interior shall ensure 
that funding made available under this sub-
section for maintenance of tribal transpor-
tation facilities for each fiscal year is sup-
plementary to, and not in lieu of, any obli-
gation of funds by the Bureau of Indian Af-
fairs for road maintenance programs on In-
dian reservations. 
‘‘(C) TRIBAL-STATE
ROAD
MAINTENANCE 
AGREEMENTS.—
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‘‘(i) IN
GENERAL.—An Indian tribe 
and a State may enter into a road mainte-
nance agreement under which an Indian 
tribe shall assume the responsibility of the 
State for— 
‘‘(I) tribal transportation facili-
ties; and 
‘‘(II) roads providing access to 
tribal transportation facilities. 
‘‘(ii) REQUIREMENTS.—Agreements en-
tered into under clause (i) shall— 
‘‘(I) be negotiated between the 
State and the Indian tribe; and 
‘‘(II) not require the approval of 
the Secretary. 
‘‘(8) COOPERATION.— 
‘‘(A) IN
GENERAL.—The cooperation of 
States, counties, or other local subdivisions may 
be accepted in construction and improvement. 
‘‘(B) FUNDS
RECEIVED.—Any funds re-
ceived from a State, county, or local subdivision 
shall be credited to appropriations available for 
the tribal transportation program. 
‘‘(9) COMPETITIVE BIDDING.— 
‘‘(A) CONSTRUCTION.—
215 
† HR 4348 EAS 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii) and subparagraph (B), construction of 
each project shall be performed by contract 
awarded by competitive bidding. 
‘‘(ii) EXCEPTION.—Clause (i) shall not 
apply if the Secretary or the Secretary of 
the Interior affirmatively finds that, under 
the circumstances relating to the project, a 
different method is in the public interest. 
‘‘(B) 
APPLICABILITY.—Notwithstanding 
subparagraph (A), section 23 of the Act of June 
25, 1910 (25 U.S.C. 47) and section 7(b) of the 
Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450e(b)) shall apply to 
all funds administered by the Secretary of the 
Interior that are appropriated for the construc-
tion and improvement of tribal transportation 
facilities. 
‘‘(b) FUNDS DISTRIBUTION.— 
‘‘(1) NATIONAL TRIBAL TRANSPORTATION FACIL-
ITY INVENTORY.— 
‘‘(A) IN
GENERAL.—The Secretary of the 
Interior, in cooperation with the Secretary, shall 
maintain a comprehensive national inventory of 
tribal transportation facilities that are eligible
216 
† HR 4348 EAS 
for assistance under the tribal transportation 
program. 
‘‘(B) 
TRANSPORTATION
FACILITIES
IN-
CLUDED IN THE INVENTORY.—For purposes of 
identifying the tribal transportation system and 
determining the relative transportation needs 
among Indian tribes, the Secretary shall include, 
at a minimum, transportation facilities that are 
eligible for assistance under the tribal transpor-
tation program that an Indian tribe has re-
quested, including facilities that— 
‘‘(i) were included in the Bureau of In-
dian Affairs system inventory prior to Octo-
ber 1, 2004; 
‘‘(ii) are owned by an Indian tribal 
government; 
‘‘(iii) are owned by the Bureau of In-
dian Affairs; 
‘‘(iv) were constructed or reconstructed 
with funds from the Highway Account of 
the Transportation Trust Fund under the 
Indian reservation roads program since 
1983; 
‘‘(v) are public roads or bridges within 
the exterior boundary of Indian reserva-
217 
† HR 4348 EAS 
tions, Alaska Native villages, and other rec-
ognized Indian communities (including 
communities in former Indian reservations 
in the State of Oklahoma) in which the ma-
jority of residents are American Indians or 
Alaska Natives; 
‘‘(vi) are public roads within or pro-
viding access to an Indian reservation or 
Indian trust land or restricted Indian land 
that is not subject to fee title alienation 
without the approval of the Federal Govern-
ment, or Indian or Alaska Native villages, 
groups, or communities in which Indians 
and Alaska Natives reside, whom the Sec-
retary of the Interior has determined are el-
igible for services generally available to In-
dians under Federal laws specifically appli-
cable to Indians; or 
‘‘(vii) are primary access routes pro-
posed by tribal governments, including 
roads between villages, roads to landfills, 
roads to drinking water sources, roads to 
natural resources identified for economic de-
velopment, and roads that provide access to
218 
† HR 4348 EAS 
intermodal terminals, such as airports, har-
bors, or boat landings. 
‘‘(C) LIMITATION
ON
PRIMARY
ACCESS 
ROUTES.—For purposes of this paragraph, a 
proposed primary access route is the shortest 
practicable route connecting 2 points of the pro-
posed route. 
‘‘(D) ADDITIONAL FACILITIES.—Nothing in 
this paragraph precludes the Secretary from in-
cluding additional transportation facilities that 
are eligible for funding under the tribal trans-
portation program in the inventory used for the 
national funding allocation if such additional 
facilities are included in the inventory in a uni-
form and consistent manner nationally. 
‘‘(E) BRIDGES.—All bridges in the inven-
tory shall be recorded in the national bridge in-
ventory administered by the Secretary under sec-
tion 144. 
‘‘(2) REGULATIONS.—Notwithstanding sections 
563(a) and 565(a) of title 5, the Secretary of the Inte-
rior shall maintain any regulations governing the 
tribal transportation program. 
‘‘(3) BASIS FOR FUNDING FORMULA.— 
‘‘(A) BASIS.—
219 
† HR 4348 EAS 
‘‘(i) IN GENERAL.—After making the 
set asides authorized under subsections (c), 
(d), and (e) on October 1 of each fiscal year, 
the Secretary shall distribute the remainder 
authorized to be appropriated for the tribal 
transportation program under this section 
among Indian tribes as follows: 
‘‘(I) For fiscal year 2012— 
‘‘(aa) for each Indian tribe, 
80 percent of the total relative 
need distribution factor and popu-
lation adjustment factor for the 
fiscal year 2011 funding amount 
made available to that Indian 
tribe; and 
‘‘(bb) the remainder using 
tribal shares as described in sub-
paragraphs (B) and (C). 
‘‘(II) For fiscal year 2013— 
‘‘(aa) for each Indian tribe, 
60 percent of the total relative 
need distribution factor and popu-
lation adjustment factor for the 
fiscal year 2011 funding amount
220 
† HR 4348 EAS 
made available to that Indian 
tribe; and 
‘‘(bb) the remainder using 
tribal shares as described in sub-
paragraphs (B) and (C). 
‘‘(III) For fiscal year 2014— 
‘‘(aa) for each Indian tribe, 
40 percent of the total relative 
need distribution factor and popu-
lation adjustment factor for the 
fiscal year 2011 funding amount 
made available to that Indian 
tribe; and 
‘‘(bb) the remainder using 
tribal shares as described in sub-
paragraphs (B) and (C). 
‘‘(IV) For fiscal year 2015— 
‘‘(aa) for each Indian tribe, 
20 percent of the total relative 
need distribution factor and popu-
lation adjustment factor for the 
fiscal year 2011 funding amount 
made available to that Indian 
tribe; and
221 
† HR 4348 EAS 
‘‘(bb) the remainder using 
tribal shares as described in sub-
paragraphs (B) and (C). 
‘‘(V) For fiscal year 2016 and 
thereafter, using tribal shares as de-
scribed in subparagraphs (B) and (C). 
‘‘(ii) 
TRIBAL
HIGH
PRIORITY 
PROJECTS.—The High Priority Projects 
program as included in the Tribal Trans-
portation Allocation Methodology of part 
170 of title 25, Code of Federal Regulations 
(as in effect on the date of enactment of the 
MAP–21), shall not continue in effect. 
‘‘(B) TRIBAL SHARES.—Tribal shares under 
this program shall be determined using the na-
tional tribal transportation facility inventory as 
calculated for fiscal year 2012, and the most re-
cent data on American Indian and Alaska Na-
tive population within each Indian tribe’s Amer-
ican Indian/Alaska Native Reservation or Statis-
tical Area, as computed under the Native Amer-
ican Housing Assistance and Self-Determination 
Act of 1996 (25 U.S.C. 4101 et seq.), in the fol-
lowing manner:
222 
† HR 4348 EAS 
‘‘(i) 30 percent in the ratio that the 
total eligible lane mileage in each tribe 
bears to the total eligible lane mileage of all 
American Indians and Alaskan Natives. 
For the purposes of this calculation— 
‘‘(I) eligible lane mileage shall be 
computed based on the inventory de-
scribed in paragraph (1), using only 
facilities included in the inventory de-
scribed in clause (i), (ii), or (iii) of 
paragraph (1)(B); and 
‘‘(II) paved roads and gravel sur-
faced roads are deemed to equal 2 lane 
miles per mile of inventory, and earth 
surfaced roads and unimproved roads 
shall be deemed to equal 1 lane mile 
per mile of inventory. 
‘‘(ii) 35 percent in the ratio that the 
total population in each tribe bears to the 
total population of all American Indians 
and Alaskan Natives. 
‘‘(iii) 35 percent shall be divided 
equally among each Bureau of Indian Af-
fairs region for distribution of tribal shares 
as follows:
223 
† HR 4348 EAS 
‘‘(I) 1⁄4 of 1 percent shall be dis-
tributed equally among Indian tribes 
with populations of 1 to 25. 
‘‘(II) 3⁄4 of 1 percent shall be dis-
tributed equally among Indian tribes 
with populations of 26 to 100. 
‘‘(III) 33⁄4 percent shall be distrib-
uted equally among Indian tribes with 
populations of 101 to 1,000. 
‘‘(IV) 20 percent shall be distrib-
uted equally among Indian tribes with 
populations of 1,001 to 10,000. 
‘‘(V) 743⁄4 percent shall be distrib-
uted equally among Indian tribes with 
populations of 10,001 to 60,000 where 
3 or more Indian tribes occupy this 
category in a single Bureau of Indian 
Affairs region, and Bureau of Indian 
Affairs regions containing less than 3 
Indian tribes in this category shall re-
ceive funding in accordance with sub-
clause (IV) and clause (iv). 
‘‘(VI) 1⁄2 of 1 percent shall be dis-
tributed equally among Indian tribes 
with populations of 60,001 or more.
224 
† HR 4348 EAS 
‘‘(iv) For a Bureau of Indian Affairs 
region that has no Indian tribes meeting the 
population criteria under 1 or more of sub-
clauses (I) through (VI) of clause (iii), the 
region shall redistribute any funds subject 
to such clause or clauses among any such 
clauses for which the region has Indian 
tribes meeting such criteria proportionally 
in accordance with the percentages listed in 
such clauses until such funds are completely 
distributed. 
‘‘(C) TRIBAL SUPPLEMENTAL FUNDING.— 
‘‘(i) TRIBAL SUPPLEMENTAL FUNDING 
AMOUNT.—Of funds made available for each 
fiscal year for the tribal transportation pro-
gram, the Secretary shall set aside the fol-
lowing amount for a tribal supplemental 
program: 
‘‘(I) If the amount made available 
for the tribal transportation program 
is less than or equal to $275,000,000, 
30 percent of such amount. 
‘‘(II) If the amount made avail-
able for the tribal transportation pro-
gram exceeds $275,000,000—
225 
† HR 4348 EAS 
‘‘(aa) $82,500,000; plus 
‘‘(bb) 12.5 percent of the 
amount made available for the 
tribal transportation program in 
excess of $275,000,000. 
‘‘(ii) TRIBAL SUPPLEMENTAL ALLOCA-
TION.—The Secretary shall distribute tribal 
supplemental funds as follows: 
‘‘(I) DISTRIBUTION
AMONG
RE-
GIONS.—Of the amounts set aside 
under clause (i), the Secretary shall 
distribute to each region of the Bureau 
of Indian Affairs a share of tribal sup-
plemental funds in proportion to the 
regional total of tribal shares based on 
the cumulative tribal shares of all In-
dian tribes within such region under 
subparagraph (B). 
‘‘(II) DISTRIBUTION WITHIN A RE-
GION.—Of the amount that a region re-
ceives under subclause (I), the Sec-
retary shall distribute tribal supple-
mental funding among Indian tribes 
within such region as follows:
226 
† HR 4348 EAS 
‘‘(aa) 
TRIBAL
SUPPLE-
MENTAL
AMOUNTS.—The 
Sec-
retary shall determine— 
‘‘(AA) which such In-
dian tribes would be entitled 
under subparagraph (A) to 
receive in a fiscal year less 
funding than they would re-
ceive in fiscal year 2011 pur-
suant to the Tribal Trans-
portation Allocation Method-
ology described in subpart C 
of part 170 of title 25, Code 
of Federal Regulations (as in 
effect on the date of enact-
ment of the MAP–21); and 
‘‘(BB) 
the 
combined 
amount that such Indian 
tribes would be entitled to re-
ceive in fiscal year 2011 pur-
suant to such Tribal Trans-
portation Allocation Method-
ology in excess of the amount 
that they would be entitled to
227 
† HR 4348 EAS 
receive in the fiscal year 
under subparagraph (B); and 
‘‘(bb) Subject to subclause 
(III), distribute to each Indian 
tribe that meets the criteria de-
scribed in item (aa)(AA) a share 
of funding under this subpara-
graph in proportion to the share 
of the combined amount deter-
mined under item (aa)(BB) at-
tributable to such Indian tribe. 
‘‘(III) CEILING.—An Indian tribe 
may not receive under subclause (II) 
and based on its tribal share under 
subparagraph (A) a combined amount 
that exceeds the amount that such In-
dian tribe would be entitled to receive 
in fiscal year 2011 pursuant to the 
Tribal 
Transportation 
Allocation 
Methodology described in subpart C of 
part 170 of title 25, Code of Federal 
Regulations (as in effect on the date of 
enactment of the MAP–21). 
‘‘(IV) OTHER
AMOUNTS.—If the 
amount made available for a region
228 
† HR 4348 EAS 
under subclause (I) exceeds the amount 
distributed among Indian tribes within 
that region under subclause (II), the 
Secretary shall distribute the remain-
der of such region’s funding under such 
subclause among all Indian tribes in 
that region in proportion to the com-
bined amount that each such Indian 
tribe received under subparagraph (A) 
and subclauses (I), (II), and (III). 
‘‘(4) TRANSFERRED FUNDS.— 
‘‘(A) IN GENERAL.—Not later than 30 days 
after the date on which funds are made available 
to the Secretary of the Interior under this para-
graph, the funds shall be distributed to, and 
made available for immediate use by, eligible In-
dian tribes, in accordance with the formula for 
distribution of funds under the tribal transpor-
tation program. 
‘‘(B) USE
OF
FUNDS.—Notwithstanding 
any other provision of this section, funds made 
available to Indian tribes for tribal transpor-
tation facilities shall be expended on projects 
identified in a transportation improvement pro-
gram approved by the Secretary.
229 
† HR 4348 EAS 
‘‘(5) HEALTH AND SAFETY ASSURANCES.—Not-
withstanding any other provision of law, an Indian 
tribal government may approve plans, specifications, 
and estimates and commence road and bridge con-
struction with funds made available from the tribal 
transportation program through a contract or agree-
ment under Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.), if the 
Indian tribal government— 
‘‘(A) provides assurances in the contract or 
agreement that the construction will meet or ex-
ceed applicable health and safety standards; 
‘‘(B) obtains the advance review of the 
plans and specifications from a State-licensed 
civil engineer that has certified that the plans 
and specifications meet or exceed the applicable 
health and safety standards; and 
‘‘(C) provides a copy of the certification 
under subparagraph (A) to the Deputy Assistant 
Secretary for Tribal Government Affairs, De-
partment of Transportation, or the Assistant 
Secretary for Indian Affairs, Department of the 
Interior, as appropriate. 
‘‘(6) CONTRACTS AND AGREEMENTS WITH INDIAN 
TRIBES.—
230 
† HR 4348 EAS 
‘‘(A) IN
GENERAL.—Notwithstanding any 
other provision of law or any interagency agree-
ment, program guideline, manual, or policy di-
rective, all funds made available through the Sec-
retary of the Interior under this chapter and sec-
tion 125(e) for tribal transportation facilities to 
pay for the costs of programs, services, functions, 
and activities, or portions of programs, services, 
functions, or activities, that are specifically or 
functionally related to the cost of planning, re-
search, engineering, and construction of any 
tribal transportation facility shall be made 
available, upon request of the Indian tribal gov-
ernment, to the Indian tribal government for 
contracts and agreements for such planning, re-
search, engineering, and construction in accord-
ance with Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.). 
‘‘(B) EXCLUSION
OF
AGENCY
PARTICIPA-
TION.—All funds, including contract support 
costs, for programs, functions, services, or activi-
ties, or portions of programs, services, functions, 
or activities, including supportive administra-
tive functions that are otherwise contractible to 
which subparagraph (A) applies, shall be paid in
231 
† HR 4348 EAS 
accordance with subparagraph (A), without re-
gard to the organizational level at which the De-
partment of the Interior has previously carried 
out such programs, functions, services, or activi-
ties. 
‘‘(7) CONTRACTS AND AGREEMENTS WITH INDIAN 
TRIBES.— 
‘‘(A) IN
GENERAL.—Notwithstanding any 
other provision of law or any interagency agree-
ment, program guideline, manual, or policy di-
rective, all funds made available through the Sec-
retary of the Interior to an Indian tribal govern-
ment under this chapter for a tribal transpor-
tation facility program or project shall be made 
available, on the request of the Indian tribal gov-
ernment, to the Indian tribal government for use 
in carrying out, in accordance with the Indian 
Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.), contracts and agree-
ments for the planning, research, design, engi-
neering, construction, and maintenance relating 
to the program or project. 
‘‘(B) EXCLUSION
OF
AGENCY
PARTICIPA-
TION.—In accordance with subparagraph (A), 
all funds, including contract support costs, for a
232 
† HR 4348 EAS 
program or project to which subparagraph (A) 
applies shall be paid to the Indian tribal govern-
ment without regard to the organizational level 
at which the Department of the Interior has pre-
viously carried out, or the Department of Trans-
portation has previously carried out under the 
tribal transportation program, the programs, 
functions, services, or activities involved. 
‘‘(C) CONSORTIA.—Two or more Indian 
tribes that are otherwise eligible to participate in 
a program or project to which this chapter ap-
plies may form a consortium to be considered as 
a single Indian tribe for the purpose of partici-
pating in the project under this section. 
‘‘(D) SECRETARY AS SIGNATORY.—Notwith-
standing any other provision of law, the Sec-
retary is authorized to enter into a funding 
agreement with an Indian tribal government to 
carry out a tribal transportation facility pro-
gram or project under subparagraph (A) that is 
located on an Indian reservation or provides ac-
cess to the reservation or a community of the In-
dian tribe. 
‘‘(E) FUNDING.—The amount an Indian 
tribal government receives for a program or
233 
† HR 4348 EAS 
project under subparagraph (A) shall equal the 
sum of the funding that the Indian tribal gov-
ernment would otherwise receive for the program 
or project in accordance with the funding for-
mula established under this subsection and such 
additional amounts as the Secretary determines 
equal the amounts that would have been withheld 
for the costs of the Bureau of Indian Affairs for 
administration of the program or project. 
‘‘(F) ELIGIBILITY.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii) and the approval of the Secretary, 
funds may be made available under sub-
paragraph (A) to an Indian tribal govern-
ment for a program or project in a fiscal 
year only if the Indian tribal government 
requesting such funds demonstrates to the 
satisfaction of the Secretary financial sta-
bility and financial management capability 
during the 3 fiscal years immediately pre-
ceding the fiscal year for which the request 
is being made. 
‘‘(ii) CONSIDERATIONS.—An Indian 
tribal government that had no uncorrected 
significant and material audit exceptions in
234 
† HR 4348 EAS 
the required annual audit of the contracts 
or self-governance funding agreements made 
by the Indian tribe with any Federal agen-
cy under the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 
450 et seq.) during the 3-fiscal year period 
referred in clause (i) shall be conclusive evi-
dence of the financial stability and finan-
cial management capability of the Indian 
tribe for purposes of clause (i). 
‘‘(G) ASSUMPTION OF FUNCTIONS AND DU-
TIES.—An Indian tribal government receiving 
funding under subparagraph (A) for a program 
or project shall assume all functions and duties 
that the Secretary of the Interior would have 
performed with respect to a program or project 
under this chapter, other than those functions 
and duties that inherently cannot be legally 
transferred under the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450 et 
seq.). 
‘‘(H) POWERS.—An Indian tribal govern-
ment receiving funding under subparagraph (A) 
for a program or project shall have all powers 
that the Secretary of the Interior would have ex-
235 
† HR 4348 EAS 
ercised in administering the funds transferred to 
the Indian tribal government for such program 
or project under this section if the funds had not 
been transferred, except to the extent that such 
powers are powers that inherently cannot be le-
gally transferred under the Indian Self-Deter-
mination and Education Assistance Act (25 
U.S.C. 450 et seq.). 
‘‘(I) DISPUTE RESOLUTION.—In the event of 
a disagreement between the Secretary or the Sec-
retary of the Interior and an Indian tribe over 
whether a particular function, duty, or power 
may be lawfully transferred to the Indian tribe 
under the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.), the 
Indian tribe shall have the right to pursue all al-
ternative dispute resolution and appeal proce-
dures authorized by that Act, including regula-
tions issued to carry out the Act. 
‘‘(J) 
TERMINATION
OF
CONTRACT
OR 
AGREEMENT.—On the date of the termination of 
a contract or agreement under this section by an 
Indian tribal government, the Secretary shall 
transfer all funds that would have been allocated 
to the Indian tribal government under the con-
236 
† HR 4348 EAS 
tract or agreement to the Secretary of the Inte-
rior to provide continued transportation services 
in accordance with applicable law. 
‘‘(c) PLANNING.— 
‘‘(1) IN
GENERAL.—For each fiscal year, not 
more than 2 percent of the funds made available for 
the tribal transportation program shall be allocated 
among Indian tribal governments that apply for 
transportation planning pursuant to the Indian Self- 
Determination and Education Assistance Act (25 
U.S.C. 450 et seq.). 
‘‘(2) REQUIREMENT.—An Indian tribal govern-
ment, in cooperation with the Secretary of the Inte-
rior and, as appropriate, with a State, local govern-
ment, or metropolitan planning organization, shall 
carry out a transportation planning process in ac-
cordance with section 201(c). 
‘‘(3) SELECTION AND APPROVAL OF PROJECTS.— 
A project funded under this section shall be— 
‘‘(A) selected by the Indian tribal govern-
ment from the transportation improvement pro-
gram; and 
‘‘(B) subject to the approval of the Secretary 
of the Interior and the Secretary. 
‘‘(d) TRIBAL TRANSPORTATION FACILITY BRIDGES.—
237 
† HR 4348 EAS 
‘‘(1) NATIONWIDE PRIORITY PROGRAM.—The Sec-
retary shall maintain a nationwide priority program 
for improving deficient bridges eligible for the tribal 
transportation program. 
‘‘(2) FUNDING.—Before making any distribution 
under subsection (b), the Secretary shall set aside not 
more than 2 percent of the funds made available 
under the tribal transportation program for each fis-
cal year to be allocated— 
‘‘(A) to carry out any planning, design, en-
gineering, preconstruction, construction, and in-
spection of a project to replace, rehabilitate, seis-
mically retrofit, paint, apply calcium magne-
sium acetate, sodium acetate/formate, or other 
environmentally acceptable, minimally corrosive 
anti-icing and deicing composition; or 
‘‘(B) to implement any countermeasure for 
deficient tribal transportation facility bridges, 
including multiple-pipe culverts. 
‘‘(3) ELIGIBLE BRIDGES.—To be eligible to re-
ceive funding under this subsection, a bridge described 
in paragraph (1) shall— 
‘‘(A) have an opening of not less than 20 
feet;
238 
† HR 4348 EAS 
‘‘(B) be classified as a tribal transportation 
facility; and 
‘‘(C) be structurally deficient or function-
ally obsolete. 
‘‘(4) APPROVAL REQUIREMENT.—The Secretary 
may make funds available under this subsection for 
preliminary engineering, construction, and construc-
tion engineering activities after approval of required 
documentation and verification of eligibility in ac-
cordance with this title. 
‘‘(e) SAFETY.— 
‘‘(1) FUNDING.—Before making any distribution 
under subsection (b), the Secretary shall set aside not 
more than 2 percent of the funds made available 
under the tribal transportation program for each fis-
cal year to be allocated based on an identification 
and analysis of highway safety issues and opportuni-
ties on tribal land, as determined by the Secretary, 
on application of the Indian tribal governments for 
eligible projects described in section 148(a)(4). 
‘‘(2) PROJECT
SELECTION.—An Indian tribal 
government, in cooperation with the Secretary of the 
Interior and, as appropriate, with a State, local gov-
ernment, or metropolitan planning organization, 
shall select projects from the transportation improve-
239 
† HR 4348 EAS 
ment program, subject to the approval of the Sec-
retary and the Secretary of the Interior. 
‘‘(f) FEDERAL-AID ELIGIBLE PROJECTS.—Before ap-
proving as a project on a tribal transportation facility any 
project eligible for funds apportioned under section 104 in 
a State, the Secretary shall, for projects on tribal transpor-
tation facilities, determine that the obligation of funds for 
the project is supplementary to and not in lieu of the obliga-
tion of a fair and equitable share of funds apportioned to 
the State under section 104. 
‘‘§ 203. Federal lands transportation program 
‘‘(a) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Funds made available under 
the Federal lands transportation program shall be 
used by the Secretary of Transportation and the Sec-
retary of the appropriate Federal land management 
agency to pay the costs of— 
‘‘(A) program administration, transpor-
tation planning, research, preventive mainte-
nance, engineering, rehabilitation, restoration, 
construction, and reconstruction of Federal lands 
transportation facilities, and— 
‘‘(i) adjacent vehicular parking areas; 
‘‘(ii) acquisition of necessary scenic 
easements and scenic or historic sites;
240 
† HR 4348 EAS 
‘‘(iii) provision for pedestrians and bi-
cycles; 
‘‘(iv) environmental mitigation in or 
adjacent to Federal land open to the pub-
lic— 
‘‘(I) to improve public safety and 
reduce vehicle-caused wildlife mortality 
while 
maintaining 
habitat 
connectivity; and 
‘‘(II) to mitigate the damage to 
wildlife, aquatic organism passage, 
habitat, and ecosystem connectivity, 
including the costs of constructing, 
maintaining, replacing, or removing 
culverts and bridges, as appropriate; 
‘‘(v) construction and reconstruction of 
roadside rest areas, including sanitary and 
water facilities; 
‘‘(vi) congestion mitigation; and 
‘‘(vii) other appropriate public road 
facilities, as determined by the Secretary; 
‘‘(B) operation and maintenance of transit 
facilities; and 
‘‘(C) any transportation project eligible for 
assistance under this title that is on a public
241 
† HR 4348 EAS 
road within or adjacent to, or that provides ac-
cess to, Federal lands open to the public. 
‘‘(2) CONTRACT.—In connection with an activity 
described in paragraph (1), the Secretary and the 
Secretary of the appropriate Federal land manage-
ment agency may enter into a contract or other ap-
propriate agreement with respect to the activity 
with— 
‘‘(A) a State (including a political subdivi-
sion of a State); or 
‘‘(B) an Indian tribe. 
‘‘(3) ADMINISTRATION.—All appropriations for 
the construction and improvement of Federal lands 
transportation facilities shall be administered in con-
formity with regulations and agreements jointly ap-
proved by the Secretary and the Secretary of the ap-
propriate Federal land managing agency. 
‘‘(4) COOPERATION.— 
‘‘(A) IN
GENERAL.—The cooperation of 
States, counties, or other local subdivisions may 
be accepted in construction and improvement. 
‘‘(B) FUNDS
RECEIVED.—Any funds re-
ceived from a State, county, or local subdivision 
shall be credited to appropriations available for
242 
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the class of Federal lands transportation facili-
ties to which the funds were contributed. 
‘‘(5) COMPETITIVE BIDDING.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), construction of each project shall be 
performed by contract awarded by competitive 
bidding. 
‘‘(B) EXCEPTION.—Subparagraph (A) shall 
not apply if the Secretary or the Secretary of the 
appropriate Federal land management agency 
affirmatively finds that, under the circumstances 
relating to the project, a different method is in 
the public interest. 
‘‘(b) AGENCY PROGRAM DISTRIBUTIONS.— 
‘‘(1) IN GENERAL.—On October 1, 2011, and on 
October 1 of each fiscal year thereafter, the Secretary 
shall allocate the sums authorized to be appropriated 
for the fiscal year for the Federal lands transpor-
tation program on the basis of applications of need, 
as determined by the Secretary— 
‘‘(A) in consultation with the Secretaries of 
the applicable Federal land management agen-
cies; and
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‘‘(III) an improvement of safety; 
‘‘(ii) high-use Federal recreational sites 
or Federal economic generators; and 
‘‘(iii) the resource and asset manage-
ment goals of the Secretary of the respective 
Federal land management agency. 
‘‘(C) PERMISSIVE CONTENTS.—Applications 
may include proposed programs the duration of 
which extend over a multiple-year period to sup-
port long-term transportation planning and re-
source management initiatives. 
‘‘(c) NATIONAL FEDERAL LANDS TRANSPORTATION 
FACILITY INVENTORY.— 
‘‘(1) IN GENERAL.—The Secretaries of the appro-
priate Federal land management agencies, in co-
operation with the Secretary, shall maintain a com-
prehensive national inventory of public Federal lands 
transportation facilities. 
‘‘(2) TRANSPORTATION FACILITIES INCLUDED IN 
THE
INVENTORIES.—To identify the Federal lands 
transportation system and determine the relative 
transportation needs among Federal land manage-
ment agencies, the inventories shall include, at a min-
imum, facilities that—
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‘‘(A) provide access to high-use Federal 
recreation sites or Federal economic generators, 
as determined by the Secretary in coordination 
with the respective Secretaries of the appropriate 
Federal land management agencies; and 
‘‘(B) are owned by 1 of the following agen-
cies: 
‘‘(i) The National Park Service. 
‘‘(ii) The Forest Service. 
‘‘(iii) The United States Fish and 
Wildlife Service. 
‘‘(iv) The Bureau of Land Manage-
ment. 
‘‘(v) The Corps of Engineers. 
‘‘(3) AVAILABILITY.—The inventories shall be 
made available to the Secretary. 
‘‘(4) UPDATES.—The Secretaries of the appro-
priate Federal land management agencies shall up-
date the inventories of the appropriate Federal land 
management agencies, as determined by the Secretary 
after collaborative discussions with the Secretaries of 
the appropriate Federal land management agencies. 
‘‘(5) REVIEW.—A decision to add or remove a fa-
cility from the inventory shall not be considered a 
Federal action for purposes of review under the Na-
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tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
‘‘(d) BICYCLE SAFETY.—The Secretary of the appro-
priate Federal land management agency shall prohibit the 
use of bicycles on each federally owned road that has a speed 
limit of 30 miles per hour or greater and an adjacent paved 
path for use by bicycles within 100 yards of the road unless 
the Secretary determines that the bicycle level of service on 
that roadway is rated B or higher. 
‘‘§ 204. Federal lands access program 
‘‘(a) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Funds made available under 
the Federal lands access program shall be used by the 
Secretary of Transportation and the Secretary of the 
appropriate Federal land management agency to pay 
the cost of— 
‘‘(A) transportation planning, research, en-
gineering, preventive maintenance, rehabilita-
tion, restoration, construction, and reconstruc-
tion of Federal lands access transportation fa-
cilities located on or adjacent to, or that provide 
access to, Federal land, and— 
‘‘(i) adjacent vehicular parking areas; 
‘‘(ii) acquisition of necessary scenic 
easements and scenic or historic sites;
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‘‘(iii) provisions for pedestrians and 
bicycles; 
‘‘(iv) environmental mitigation in or 
adjacent to Federal land— 
‘‘(I) to improve public safety and 
reduce vehicle-caused wildlife mortality 
while 
maintaining 
habitat 
connectivity; and 
‘‘(II) to mitigate the damage to 
wildlife, aquatic organism passage, 
habitat, and ecosystem connectivity, 
including the costs of constructing, 
maintaining, replacing, or removing 
culverts and bridges, as appropriate; 
‘‘(v) construction and reconstruction of 
roadside rest areas, including sanitary and 
water facilities; and 
‘‘(vi) other appropriate public road fa-
cilities, as determined by the Secretary; 
‘‘(B) operation and maintenance of transit 
facilities; and 
‘‘(C) any transportation project eligible for 
assistance under this title that is within or adja-
cent to, or that provides access to, Federal land.
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‘‘(2) CONTRACT.—In connection with an activity 
described in paragraph (1), the Secretary and the 
Secretary of the appropriate Federal land manage-
ment agency may enter into a contract or other ap-
propriate agreement with respect to the activity 
with— 
‘‘(A) a State (including a political subdivi-
sion of a State); or 
‘‘(B) an Indian tribe. 
‘‘(3) ADMINISTRATION.—All appropriations for 
the construction and improvement of Federal lands 
access transportation facilities shall be administered 
in conformity with regulations and agreements ap-
proved by the Secretary. 
‘‘(4) COOPERATION.— 
‘‘(A) IN
GENERAL.—The cooperation of 
States, counties, or other local subdivisions may 
be accepted in construction and improvement. 
‘‘(B) FUNDS
RECEIVED.—Any funds re-
ceived from a State, county, or local subdivision 
for a Federal lands access transportation facility 
project shall be credited to appropriations avail-
able under the Federal lands access program. 
‘‘(5) COMPETITIVE BIDDING.—
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‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), construction of each project shall be 
performed by contract awarded by competitive 
bidding. 
‘‘(B) EXCEPTION.—Subparagraph (A) shall 
not apply if the Secretary or the Secretary of the 
appropriate Federal land management agency 
affirmatively finds that, under the circumstances 
relating to the project, a different method is in 
the public interest. 
‘‘(b) PROGRAM DISTRIBUTIONS.— 
‘‘(1) IN GENERAL.—Funding made available to 
carry out the Federal lands access program shall be 
allocated among those States that have Federal land, 
in accordance with the following formula: 
‘‘(A) 80 percent of the available funding for 
use in those States that contain at least 1 1⁄2 
percent of the total public land in the United 
States managed by the agencies described in 
paragraph (2), to be distributed as follows: 
‘‘(i) 30 percent in the ratio that— 
‘‘(I) recreational visitation within 
each such State; bears to 
‘‘(II) the recreational visitation 
within all such States.
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‘‘(ii) 5 percent in the ratio that— 
‘‘(I) the Federal land area within 
each such State; bears to 
‘‘(II) the Federal land area in all 
such States. 
‘‘(iii) 55 percent in the ratio that— 
‘‘(I) the Federal public road miles 
within each such State; bears to 
‘‘(II) the Federal public road 
miles in all such States. 
‘‘(iv) 10 percent in the ratio that— 
‘‘(I) the number of Federal public 
bridges within each such State; bears 
to 
‘‘(II) the number of Federal public 
bridges in all such States. 
‘‘(B) 20 percent of the available funding for 
use in those States that do not contain at least 
11⁄2 percent of the total public land in the 
United States managed by the agencies described 
in paragraph (2), to be distributed as follows: 
‘‘(i) 30 percent in the ratio that— 
‘‘(I) recreational visitation within 
each such State; bears to
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† HR 4348 EAS 
‘‘(II) the recreational visitation 
within all such States. 
‘‘(ii) 5 percent in the ratio that— 
‘‘(I) the Federal land area within 
each such State; bears to 
‘‘(II) the Federal land area in all 
such States. 
‘‘(iii) 55 percent in the ratio that— 
‘‘(I) the Federal public road miles 
within each such State; bears to 
‘‘(II) the Federal public road 
miles in all such States. 
‘‘(iv) 10 percent in the ratio that— 
‘‘(I) the number of Federal public 
bridges within each such State; bears 
to 
‘‘(II) the number of Federal public 
bridges in all such States. 
‘‘(2) DATA
SOURCE.—Data necessary to dis-
tribute funding under paragraph (1) shall be pro-
vided by the following Federal land management 
agencies: 
‘‘(A) The National Park Service. 
‘‘(B) The Forest Service.
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‘‘(C) The United States Fish and Wildlife 
Service. 
‘‘(D) The Bureau of Land Management. 
‘‘(E) The Corps of Engineers. 
‘‘(c) PROGRAMMING DECISIONS COMMITTEE.— 
‘‘(1) IN GENERAL.—Programming decisions shall 
be made within each State by a committee comprised 
of— 
‘‘(A) a representative of the Federal High-
way Administration; 
‘‘(B) a representative of the State Depart-
ment of Transportation; and 
‘‘(C) a representative of any appropriate 
political subdivision of the State. 
‘‘(2) CONSULTATION REQUIREMENT.—The com-
mittee described in paragraph (1) shall consult with 
each applicable Federal agency in each State before 
any joint discussion or final programming decision. 
‘‘(3) PROJECT PREFERENCE.—In making a pro-
gramming decision under paragraph (1), the com-
mittee shall give preference to projects that provide 
access to, are adjacent to, or are located within high- 
use Federal recreation sites or Federal economic gen-
erators, as identified by the Secretaries of the appro-
priate Federal land management agencies.’’.
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(b) PUBLIC
LANDS
DEVELOPMENT
ROADS
AND 
TRAILS.—Section 214 of title 23, United States Code, is 
repealed. 
(c) CONFORMING AMENDMENTS.— 
(1) CHAPTER
ANALYSIS.—The analysis for 
chapter 2 of title 23, United States Code, is amended: 
(A) By striking the items relating to sec-
tions 201 through 204 and inserting the fol-
lowing: 
‘‘201. Federal lands and tribal transportation programs. 
‘‘202. Tribal transportation program. 
‘‘203. Federal lands transportation program. 
‘‘204. Federal lands access program.’’. 
(B) By striking the item relating to section 
214. 
(2) DEFINITION.—Section 138(a) of title 23, 
United States Code, is amended in the third sentence 
by striking ‘‘park road or parkway under section 204 
of this title’’ and inserting ‘‘Federal lands transpor-
tation facility’’. 
(3) RULES, REGULATIONS, AND
RECOMMENDA-
TIONS.—Section 315 of title 23, United States Code, 
is amended by striking ‘‘204(f)’’ and inserting 
‘‘202(a)(5), 203(a)(3),’’. 
SEC. 1117. ALASKA HIGHWAY. 
Section 218 of title 23, United States Code, is amended 
to read as follows:
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† HR 4348 EAS 
‘‘§ 218. Alaska Highway 
‘‘(a) DEFINITION OF ALASKA MARINE HIGHWAY SYS-
TEM.—In this section, the term ‘Alaska Marine Highway 
System’ includes each existing or planned transportation 
facility and equipment in the State of Alaska relating to 
the ferry system of the State, including the lease, purchase, 
or construction of vessels, terminals, docks, floats, ramps, 
staging areas, parking lots, bridges, and approaches thereto, 
and necessary roads. 
‘‘(b) AUTHORIZATION OF SECRETARY.— 
‘‘(1) IN GENERAL.—Recognizing the benefits that 
will accrue to the State of Alaska and to the United 
States from the reconstruction of the Alaska Highway 
from the Alaskan border to Haines Junction in Can-
ada and the Haines Cutoff Highway from Haines 
Junction in Canada to Haines, the Secretary is au-
thorized, upon agreement with the State of Alaska, to 
expend on such highway or the Alaska Marine High-
way System any Federal-aid highway funds appor-
tioned to the State of Alaska under this title to pro-
vide for necessary reconstruction of such highway. 
‘‘(2) LIMITATION.—No expenditures shall be 
made for the construction of the portion of the high-
ways that are in located in Canada until the date on 
which an agreement has been reached by the Govern-
ment of Canada and the Government of the United
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† HR 4348 EAS 
States, which shall provide in part, that the Cana-
dian Government— 
‘‘(A) will provide, without participation of 
funds authorized under this title, all necessary 
right-of-way for the construction of the highways; 
‘‘(B) will not impose any highway toll, or 
permit any toll to be charged for the use of the 
highways by vehicles or persons; 
‘‘(C) will not levy or assess, directly or in-
directly, any fee, tax, or other charge for the use 
of the highways by vehicles or persons from the 
United States that does not apply equally to ve-
hicles or persons of Canada; 
‘‘(D) will continue to grant reciprocal rec-
ognition of vehicle registration and drivers’ li-
censes in accordance with agreements between the 
United States and Canada; and 
‘‘(E) will maintain the highways after the 
date of completion of the highways in proper 
condition adequately to serve the needs of present 
and future traffic. 
‘‘(c) SUPERVISION OF SECRETARY.—The survey and 
construction work undertaken in Canada pursuant to this 
section shall be under the general supervision of the Sec-
retary.’’.
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SEC. 1118. PROJECTS OF NATIONAL AND REGIONAL SIG-
NIFICANCE. 
(a) ESTABLISHMENT
OF PROGRAM.—The Secretary 
shall establish a program in accordance with this section 
to provide grants for projects of national and regional sig-
nificance. 
(b) PURPOSE
OF PROGRAM.—The purpose of the 
projects of national and regional significance program shall 
be to fund critical high-cost surface transportation infra-
structure projects that are difficult to complete with existing 
Federal, State, local, and private funds and that will— 
(1) generate national and regional economic ben-
efits and increase global economic competitiveness; 
(2) reduce congestion and its impacts; 
(3) improve roadways vital to national energy 
security; 
(4) improve movement of freight and people; and 
(5) improve transportation safety. 
(c) DEFINITIONS.—In this section: 
(1) ELIGIBLE
APPLICANT.—The term ‘‘eligible 
applicant’’ means a State department of transpor-
tation or a group of State departments of transpor-
tation, a local government, a tribal government or 
consortium of tribal governments, a transit agency, a 
port authority, a metropolitan planning organiza-
tion, other political subdivisions of State or local gov-
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† HR 4348 EAS 
ernments, or a multi-State or multi-jurisdictional 
group of the aforementioned entities. 
(2) ELIGIBLE
PROJECT.—The term ‘‘eligible 
project’’ means a surface transportation project or a 
program of integrated surface transportation projects 
closely related in the function they perform that— 
(A) is a capital project or projects— 
(i) eligible for Federal financial assist-
ance under title 23, United States Code, or 
under chapter 53 of title 49, United States 
Code; or 
(ii) for surface transportation infra-
structure to facilitate intermodal inter-
change, transfer, and access into and out of 
intermodal facilities, including ports; and 
(B) has eligible project costs that are rea-
sonably anticipated to equal or exceed the lesser 
of— 
(i) $500,000,000; 
(ii) for a project located in a single 
State, 30 percent of the amount of Federal- 
aid highway funds apportioned for the most 
recently completed fiscal year to the State; 
or
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† HR 4348 EAS 
(iii) for a project located in more than 
1 State, 75 percent of the amount of Fed-
eral-aid highway funds apportioned for the 
most recently completed fiscal year to the 
State in which the project is located that 
has the largest apportionment. 
(3) ELIGIBLE PROJECT COSTS.—The term ‘‘eligi-
ble project costs’’ means the costs of— 
(A) development phase activities, including 
planning, feasibility analysis, revenue fore-
casting, environmental review, preliminary engi-
neering 
and 
design 
work, 
and 
other 
preconstruction activities; 
(B) construction, reconstruction, rehabilita-
tion, and acquisition of real property (including 
land related to the project and improvements to 
land), environmental mitigation, construction 
contingencies, acquisition of equipment directly 
related to improving system performance, and 
operational improvements; and 
(C) all financing costs, including subsidy 
costs under the Transportation Infrastructure 
Finance and Innovation Act program. 
(d) SOLICITATIONS AND APPLICATIONS.—
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(1) GRANT SOLICITATIONS.—The Secretary shall 
establish criteria for project evaluation and conduct a 
transparent and competitive national solicitation 
process to select projects for funding to carry out the 
purposes of this section. 
(2) APPLICATIONS.— 
(A) IN
GENERAL.—An eligible applicant 
seeking a grant under this section for an eligible 
project shall submit an application to the Sec-
retary in such form and in accordance with such 
requirements as the Secretary shall establish. 
(B) CONTENTS.—An application under this 
subsection shall, at a minimum, include data on 
current system performance and estimated sys-
tem improvements that will result from comple-
tion of the eligible project, including projections 
for 2, 7, and 15 years after completion. 
(C) RESUBMISSION OF APPLICATIONS.—An 
eligible applicant whose project is not selected by 
the Secretary may resubmit an application in 
any subsequent solicitation. 
(e) CRITERIA FOR PROJECT EVALUATION AND SELEC-
TION.—
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† HR 4348 EAS 
(1) IN GENERAL.—The Secretary may select a 
project only if the Secretary determines that the 
project— 
(A) will significantly improve the perform-
ance of the national surface transportation net-
work, nationally or regionally; 
(B) is based on the results of preliminary 
engineering; 
(C) cannot be readily and efficiently com-
pleted without Federal support from this pro-
gram; 
(D) is justified based on the ability of the 
project— 
(i) to generate national economic bene-
fits that reasonably exceed its costs, includ-
ing increased access to jobs, labor, and other 
critical economic inputs; 
(ii) to reduce long-term congestion, in-
cluding impacts in the State, region, and 
Nation, and increase speed, reliability, and 
accessibility of the movement of people or 
freight; and 
(iii) to improve transportation safety, 
including reducing transportation acci-
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† HR 4348 EAS 
dents, and serious injuries and fatalities; 
and 
(E) is supported by an acceptable degree of 
non-Federal financial commitments, including 
evidence of stable and dependable financing 
sources to construct, maintain, and operate the 
infrastructure facility. 
(2) ADDITIONAL
CONSIDERATIONS.—In evalu-
ating a project under this section, in addition to the 
criteria in paragraph (1), the Secretary shall consider 
the extent to which the project— 
(A) leverages Federal investment by encour-
aging non-Federal contributions to the project, 
including 
contributions 
from 
public-private 
partnerships; 
(B) is able to begin construction within 18 
months of being selected; 
(C) incorporates innovative project delivery 
and financing where practical; 
(D) stimulates collaboration between States 
and among State and local governments; 
(E) helps maintain or protect the environ-
ment; 
(F) improves roadways vital to national en-
ergy security;
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† HR 4348 EAS 
(G) uses innovative technologies, including 
intelligent transportation systems, that enhance 
the efficiency of the project; and 
(H) contributes to an equitable geographic 
distribution of funds under this section and an 
appropriate balance in addressing the needs of 
urban and rural communities. 
(f) GRANT REQUIREMENTS.— 
(1) IN GENERAL.—A grant for a project under 
this section shall be subject to the following require-
ments: 
(A) A qualifying highway project eligible 
for funding under title 23, United States Code, 
or public transportation project eligible under 
chapter 53 of title 49, United States Code, shall 
comply with all applicable requirements of such 
title or chapter except that, if the project con-
tains elements or activities that are not eligible 
for funding under such title or chapter but are 
eligible for funding under this section, the ele-
ments or activities shall comply with the require-
ments described in subparagraph (B). 
(B) A qualifying surface transportation 
project not eligible under title 23, United States 
Code, or chapter 53 of title 49, United States
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† HR 4348 EAS 
Code, shall comply with the requirements of sub-
chapter IV of chapter 31 of title 40, United 
States Code, section 10a–d of title 41, United 
States Code, and such other terms, conditions, 
and requirements as the Secretary determines 
are necessary and appropriate for the type of 
project. 
(2) DETERMINATION OF APPLICABLE MODAL RE-
QUIREMENTS.—In the event that a project has cross- 
modal components, the Secretary shall have the dis-
cretion to designate the requirements that shall apply 
to the project based on predominant components. 
(3) OTHER TERMS AND CONDITIONS.—The Sec-
retary shall require that all grants under this section 
be subject to all terms, conditions, and requirements 
that the Secretary decides are necessary or appro-
priate for purposes of this section, including require-
ments for the disposition of net increases in value of 
real property resulting from the project assisted under 
this section. 
(g) FEDERAL SHARE OF PROJECT COST.— 
(1) IN GENERAL.—If a project funded under this 
section is to construct or improve a privately owned 
facility or would primarily benefit a private entity, 
the Federal share shall be the lesser of 50 percent of
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† HR 4348 EAS 
the total project cost or the quantified public benefit 
of the project. For all other projects funded under this 
section— 
(A) the Federal share of funds under this 
section shall be up to 50 percent of the project 
cost; and 
(B) the project sponsor may use other eligi-
ble Federal transportation funds to cover up to 
an additional 30 percent of the project costs. 
(2) PRE-APPROVAL COSTS.—The Secretary may 
allow costs incurred prior to project approval to be 
used as a credit toward the non-Federal share of the 
cost of the project. Such costs must be adequately doc-
umented, necessary, reasonable, and allocable to the 
current phase of the project and such costs may not 
be included as a cost or used to meet cost-sharing or 
matching requirements of any other federally-financed 
project. 
(h) REPORT TO THE SECRETARY.—For each project 
funded under this section, the project sponsor shall reassess 
system performance and report to the Secretary 2, 7, and 
15 years after completion of the project to assess if the 
project outcomes have met pre-construction projections. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section, to
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† HR 4348 EAS 
remain available until expended, $1,000,000,000 for fiscal 
year 2013. 
(j) TREATMENT OF PROJECTS.—Notwithstanding any 
other provision of law, projects funded under this section 
shall be treated as projects on a Federal-aid highway under 
chapter 1 of title 23, United States Code. 
(k) REPORTS.— 
(1) SECRETARY.— 
(A) IN GENERAL.—Not later than 30 days 
after the date on which the Secretary selects a 
project for funding under this section, the Sec-
retary shall submit to the Committee on Envi-
ronment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure 
of the House of Representatives a report that de-
scribes the reasons for selecting the project, based 
on the criteria described in subsection (e). 
(B) INCLUSIONS.—The report submitted 
under subparagraph (A) shall specify each cri-
teria described in subsection (e) that the project 
meets. 
(C) AVAILABILITY.—The Secretary shall 
make available on the website of the Department 
the report submitted under subparagraph (A). 
(2) COMPTROLLER GENERAL.—
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† HR 4348 EAS 
(A) ASSESSMENT.—The Comptroller Gen-
eral of the United States shall conduct an assess-
ment of the establishment, solicitation, selection, 
and justification process with respect to the 
funding of projects under this section. 
(B) REPORT.—Not later than 3 years after 
the date of enactment of this Act, the Comptroller 
General of the United States shall submit to the 
Committee on Environment and Public Works of 
the Senate and the Committee on Transportation 
and Infrastructure of the House of Representa-
tives a report that describes— 
(i) the process by which each project 
was selected; 
(ii) the factors that went into the selec-
tion of each project; and 
(iii) the justification for the selection of 
each project based on the criteria described 
in subsection (e). 
(3) INSPECTOR GENERAL.— 
(A) ASSESSMENT.—The Inspector General 
of the Department shall conduct an assessment of 
the establishment, solicitation, selection, and jus-
tification process with respect to the funding of 
projects under this section.
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† HR 4348 EAS 
(B) INITIAL
REPORT.—Not later than 2 
years after the date of enactment of this Act, the 
Inspector General of the Department shall sub-
mit to the Committee on Environment and Pub-
lic Works of the Senate and the Committee on 
Transportation and Infrastructure of the House 
of Representatives a report that describes the ini-
tial results of the assessment conducted under 
subparagraph (A). 
(C) FINAL REPORT.—Not later than 4 years 
after the date of enactment of this Act, the In-
spector General of the Department shall submit 
to the Committee on Environment and Public 
Works of the Senate and the Committee on 
Transportation and Infrastructure of the House 
of Representatives a final report that describes 
the findings of the Inspector General of the De-
partment with respect to the assessment con-
ducted under subparagraph (A). 
(l) REGULATIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall 
promulgate final regulations implementing the pro-
gram authorized under this section.
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† HR 4348 EAS 
(2) INTERIM
PROVISIONS.—Until the date on 
which the Secretary promulgates final regulations 
under paragraph (1), any amounts made available 
under subsection (i) to carry out this section shall be 
distributed in accordance with— 
(A) the guidance and policies developed for 
the distribution of grants under the program 
using the notice of funding availability entitled 
‘‘Notice of Funding Availability for the Depart-
ment of Transportation’s National Infrastructure 
Investments Under the Full-Year Continuing Ap-
propriations, 2012; and Request for Comments’’ 
(77 Fed. Reg. 4863 (January 31, 2012)); or 
(B) such guidance and policies as subse-
quently revised and updated. 
SEC. 1119. CONSTRUCTION OF FERRY BOATS AND FERRY 
TERMINAL FACILITIES. 
(a) CONSTRUCTION
OF FERRY BOATS
AND FERRY 
TERMINAL FACILITIES.—Section 147 of title 23, United 
States Code, is amended— 
(1) by striking subsections (c), (d), and (e); 
(2) by redesignating subsection (f) as subsection 
(g); and 
(3) by inserting after subsection (b) the fol-
lowing:
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† HR 4348 EAS 
‘‘(c) DISTRIBUTION OF FUNDS.—Of the amounts made 
available to ferry systems and public entities responsible for 
developing ferries under this section for a fiscal year, 100 
percent shall be allocated in accordance with the formula 
set forth in subsection (d). 
‘‘(d) FORMULA.—Of the amounts allocated pursuant 
to subsection (c)— 
‘‘(1) 20 percent shall be allocated among eligible 
entities in the proportion that— 
‘‘(A) the number of ferry passengers carried 
by each ferry system in the most recent fiscal 
year; bears to 
‘‘(B) the number of ferry passengers carried 
by all ferry systems in the most recent fiscal 
year; 
‘‘(2) 50 percent shall be allocated among eligible 
entities in the proportion that— 
‘‘(A) the number of vehicles carried by each 
ferry system in the most recent fiscal year; bears 
to 
‘‘(B) the number of vehicles carried by all 
ferry systems in the most recent fiscal year; and 
‘‘(3) 30 percent shall be allocated among eligible 
entities in the proportion that—