399 
‘‘(I) hold any public meetings at 
convenient and accessible locations 
and times; 
‘‘(II) employ visualization tech-
niques to describe plans; and 
‘‘(III) make public information 
available in electronically accessible 
format and means, such as the inter-
net, as appropriate to afford reason-
able opportunity for consideration of 
public information under subpara-
graph (A). 
‘‘(ii) ADDITIONAL METHODS.—In ad-
dition to the methods described in clause 
(i), in carrying out subparagraph (A), the 
metropolitan planning organization shall, 
to the maximum extent practicable— 
‘‘(I) use virtual public involve-
ment, social media, and other web- 
based tools to encourage public par-
ticipation and solicit public feedback; 
and 
‘‘(II) use other methods, as ap-
propriate, to further encourage public 
participation of historically underrep-
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400 
resented individuals in the transpor-
tation planning process.’’; 
(9) in subsection (j) by striking ‘‘transportation 
improvement program’’ and inserting ‘‘TIP’’ each 
place it appears; and 
(10) by striking ‘‘Federally’’ each place it ap-
pears and inserting ‘‘federally’’. 
SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANS-
PORTATION PLANNING. 
Section 135 of title 23, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘The statewide trans-
portation plan and the’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—The statewide trans-
portation plan and the’’; 
(ii) by striking ‘‘transportation im-
provement 
program’’ 
and 
inserting 
‘‘STIP’’; and 
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401 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) CONSIDERATION.—In developing the 
statewide transportation plans and STIPs, 
States shall consider direct and indirect emis-
sions of greenhouse gases.’’; and 
(C) in paragraph (3) by striking ‘‘trans-
portation improvement program’’ and inserting 
‘‘STIP’’; 
(2) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (E)— 
(I) by inserting ‘‘reduce green-
house gas emissions,’’ after ‘‘promote 
energy conservation,’’; 
(II) by inserting ‘‘and public 
health’’ after ‘‘improve the quality of 
life’’; and 
(III) by inserting ‘‘, including 
housing and land use patterns’’ after 
‘‘economic development patterns’’; 
(ii) in subparagraph (I)— 
(I) by inserting ‘‘, sea level rise, 
extreme weather, and climate change’’ 
after ‘‘mitigate stormwater’’; and 
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402 
(II) by striking ‘‘and’’ after the 
semicolon; 
(iii) by redesignating subparagraph 
(J) as subparagraph (M); and 
(iv) by inserting after subparagraph 
(I) the following: 
‘‘(J) facilitate emergency management, re-
sponse, and evacuation and hazard mitigation; 
‘‘(K) improve the level of transportation 
system access; 
‘‘(L) support inclusive zoning policies and 
land use planning practices that incentivize af-
fordable, elastic, and diverse housing supply, fa-
cilitate long-term economic growth by improving 
the accessibility of housing to jobs, and prevent 
high housing costs from displacing economically 
disadvantaged households; and’’; 
(B) in paragraph (2)— 
(i) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) IN GENERAL.—Through the use of a 
performance-based approach, transportation in-
vestment decisions made as a part of the state-
wide transportation planning process shall sup-
port— 
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403 
‘‘(i) the national goals described in 
section 150(b); 
‘‘(ii) the consideration of transpor-
tation system access (consistent with sec-
tion 150(f)); 
‘‘(iii) the achievement of statewide 
targets established under section 150(d); 
and 
‘‘(iv) the general purposes described 
in section 5301 of title 49.’’; and 
(ii) in subparagraph (D) by striking 
‘‘statewide 
transportation 
improvement 
program’’ and inserting ‘‘STIP’’; and 
(C) in paragraph (3) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(3) in subsection (e)(3) by striking ‘‘transpor-
tation 
improvement 
program’’ 
and 
inserting 
‘‘STIP’’; 
(4) in subsection (f)— 
(A) in paragraph (2)(D)— 
(i) in clause (i) by inserting ‘‘air qual-
ity, public health, housing, transportation, 
resilience, hazard mitigation, emergency 
management,’’ after ‘‘conservation,’’; and 
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404 
(ii) by amending clause (ii) to read as 
follows: 
‘‘(ii) COMPARISON
AND
CONSIDER-
ATION.—Consultation 
under 
clause 
(i) 
shall involve the comparison of transpor-
tation plans to other relevant plans and in-
ventories, including, if available— 
‘‘(I) State and tribal conservation 
plans or maps; and 
‘‘(II) inventories of natural or 
historic resources.’’; 
(B) in paragraph (3)(B)— 
(i) by striking ‘‘In carrying out’’ and 
inserting the following: 
‘‘(i) IN GENERAL.—in carrying out’’; 
(ii) 
by 
redesignating 
clauses 
(i) 
through (iv) as subclauses (I) through 
(IV), respectively; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) ADDITIONAL METHODS.—In ad-
dition to the methods described in clause 
(i), in carrying out subparagraph (A), the 
State shall, to the maximum extent prac-
ticable— 
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405 
‘‘(I) use virtual public involve-
ment, social media, and other web- 
based tools to encourage public par-
ticipation and solicit public feedback; 
and 
‘‘(II) use other methods, as ap-
propriate, to further encourage public 
participation of historically underrep-
resented individuals in the transpor-
tation planning process.’’; 
(C) in paragraph (4)(A) by inserting ‘‘re-
duce greenhouse gas emissions and’’ after ‘‘po-
tential to’’; and 
(D) in paragraph (8) by inserting ‘‘green-
house gas emissions,’’ after ‘‘pollution,’’; 
(5) in subsection (g)— 
(A) in paragraph (1)(A) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(B) in paragraph (3) by striking ‘‘opera-
tors),,’’ and inserting ‘‘operators),’’; 
(C) in paragraph (4) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’ each place it appears; 
(D) in paragraph (5)— 
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406 
(i) in subparagraph (A) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(ii) in subparagraph (B)(ii) by strik-
ing ‘‘metropolitan transportation improve-
ment program’’ and inserting ‘‘TIP’’; 
(iii) in subparagraph (C) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’ each place it ap-
pears; 
(iv) in subparagraph (E) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(v) in subparagraph (F)(i) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’ each place it ap-
pears; 
(vi) in subparagraph (G)(ii) by strik-
ing ‘‘transportation improvement program’’ 
and inserting ‘‘STIP’’; and 
(vii) in subparagraph (H) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(E) in paragraph (6)— 
(i) in subparagraph (A)— 
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407 
(I) by striking ‘‘transportation 
improvement program’’ and inserting 
‘‘STIP’’; and 
(II) by striking ‘‘and projects 
carried out under the bridge program 
or the Interstate maintenance pro-
gram’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘or under the 
bridge program or the Interstate 
maintenance program’’; 
(II) by striking ‘‘5310, 5311, 
5316, and 5317’’ and inserting ‘‘5310 
and 5311’’; and 
(III) 
by 
striking 
‘‘statewide 
transportation improvement program’’ 
and inserting ‘‘STIP’’; 
(F) in paragraph (7)— 
(i) in the heading by striking ‘‘TRANS-
PORTATION IMPROVEMENT PROGRAM’’ and 
inserting ‘‘STIP’’; and 
(ii) by striking ‘‘transportation im-
provement 
program’’ 
and 
inserting 
‘‘STIP’’; 
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408 
(G) in paragraph (8) by striking ‘‘state-
wide transportation plans and programs’’ and 
inserting ‘‘statewide transportation plans and 
STIPs’’; and 
(H) in paragraph (9) by striking ‘‘trans-
portation improvement program’’ and inserting 
‘‘STIP’’; 
(6) in subsection (h)(2)(A) by striking ‘‘Not 
later than 5 years after the date of enactment of the 
MAP–21,’’ and inserting ‘‘Not less frequently than 
once every 4 years,’’; 
(7) in subsection (k) by striking ‘‘transportation 
improvement program’’ and inserting ‘‘STIP’’ each 
place it appears; and 
(8) in subsection (m) by striking ‘‘transpor-
tation 
improvement 
programs’’ 
and 
inserting 
‘‘STIPs’’. 
SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGE-
MENT MEASURES. 
(a) IN GENERAL.—Section 150 of title 23, United 
States Code, is amended— 
(1) in subsection (b)— 
(A) in paragraph (1) by inserting ‘‘or 
elimination’’ after ‘‘significant reduction’’; 
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409 
(B) by redesignating paragraph (7) as 
paragraph (8); and 
(C) by inserting after paragraph (6) the 
following: 
‘‘(7) COMBATING
CLIMATE
CHANGE.—To re-
duce carbon dioxide and other greenhouse gas emis-
sions and reduce the climate impacts of the trans-
portation system.’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘Not 
later than 18 months after the date of enact-
ment of the MAP–21, the Secretary’’ and in-
serting ‘‘The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(7) GREENHOUSE GAS EMISSIONS.—The Sec-
retary shall establish, in consultation with the Ad-
ministrator of the Environmental Protection Agency, 
measures for States to use to assess— 
‘‘(A) carbon dioxide emissions per capita 
on public roads; 
‘‘(B) carbon dioxide emissions using dif-
ferent parameters than described in subpara-
graph (A) that the Secretary determines to be 
appropriate; and 
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410 
‘‘(C) any other greenhouse gas emissions 
on public roads that the Secretary determines 
to be appropriate.’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Not later than 1 year 
after the Secretary has promulgated the 
final rulemaking under subsection (c), 
each’’ and inserting ‘‘Each’’; and 
(ii) by striking ‘‘and (6)’’ and insert-
ing ‘‘(6), and (7)’’; and 
(B) by adding at the end the following: 
‘‘(3) REGRESSIVE TARGETS.— 
‘‘(A) IN GENERAL.—A State may not es-
tablish a regressive target for the measures de-
scribed under paragraph (4) or paragraph (7) 
of subsection (c). 
‘‘(B) REGRESSIVE TARGET DEFINED.—In 
this paragraph, the term ‘regressive target’ 
means a target that fails to demonstrate con-
stant or improved performance for a particular 
measure.’’; 
(4) in subsection (e)— 
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411 
(A) by striking ‘‘Not later than 4 years 
after the date of enactment of the MAP–21 and 
biennially thereafter, a’’ and inserting ‘‘A’’; and 
(B) by inserting ‘‘biennial’’ after ‘‘the Sec-
retary a’’; and 
(5) by adding at the end the following: 
‘‘(f) TRANSPORTATION SYSTEM ACCESS.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish measures for States and metropolitan planning 
organizations to use to assess the level of safe, reli-
able, and convenient transportation system access 
to— 
‘‘(A) employment; and 
‘‘(B) services. 
‘‘(2) CONSIDERATIONS.—The measures estab-
lished pursuant to paragraph (1) shall include the 
ability for States and metropolitan planning organi-
zations to assess— 
‘‘(A) the change in the level of transpor-
tation system access for various modes of trav-
el, including connection to other modes of 
transportation, that would result from new 
transportation investments; 
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412 
‘‘(B) the level of transportation system ac-
cess for economically disadvantaged commu-
nities, including to affordable housing; and 
‘‘(C) the extent to which transportation ac-
cess is impacted by zoning policies and land use 
planning practices that effect the affordability, 
elasticity, and diversity of the housing supply. 
‘‘(3) DEFINITION OF SERVICES.—In this sub-
section, the term ‘services’ includes healthcare facili-
ties, child care, education and workforce training, 
food sources, banking and other financial institu-
tions, and other retail shopping establishments.’’. 
(b) METROPOLITAN TRANSPORTATION PLANNING; 
TITLE 23.—Section 134 of title 23, United States Code, 
is further amended— 
(1) in subsection (j)(2)(D)— 
(A) by striking ‘‘PERFORMANCE
TARGET 
ACHIEVEMENT’’ in the heading and inserting 
‘‘PERFORMANCE MANAGEMENT’’; 
(B) by striking ‘‘The TIP’’ and inserting 
the following: 
‘‘(i) IN GENERAL.—The TIP’’; and 
(C) by adding at the end the following: 
‘‘(ii) TRANSPORTATION MANAGEMENT 
AREAS.—For metropolitan planning areas 
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413 
that represent an urbanized area des-
ignated as a transportation management 
area under subsection (k), the TIP shall 
include— 
‘‘(I) a discussion of the antici-
pated effect of the TIP toward achiev-
ing the performance targets estab-
lished in the metropolitan transpor-
tation plan, linking investment prior-
ities to such performance targets; and 
‘‘(II) a description of how the an-
ticipated effect of the TIP would im-
prove the overall level of transpor-
tation system access, consistent with 
section 150(f).’’; 
(2) in subsection (k)— 
(A) in paragraph (3)(A)— 
(i) by striking ‘‘shall address conges-
tion management’’ and inserting the fol-
lowing: ‘‘shall address— 
‘‘(i) congestion management’’; 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
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414 
‘‘(ii) the overall level of transportation 
system access for various modes of travel 
within the metropolitan planning area, in-
cluding the level of access for economically 
disadvantaged 
communities, 
consistent 
with section 150(f), that is based on a co-
operatively developed and implemented 
metropolitan-wide strategy, assessing both 
new and existing transportation facilities 
eligible for funding under this title and 
chapter 53 of title 49.’’; and 
(B) in paragraph (5)(B)— 
(i) in clause (i) by striking ‘‘; and’’ 
and inserting a semicolon; 
(ii) in clause (ii) by striking the pe-
riod and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) the TIP approved under clause 
(ii) makes progress towards improving the 
level of transportation system access, con-
sistent with section 150(f).’’; and 
(3) in subsection (l)(2)— 
(A) by striking ‘‘5 years after the date of 
enactment of the MAP–21’’ and inserting ‘‘2 
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415 
years after the date of enactment of the IN-
VEST in America Act, and every 2 years there-
after’’; 
(B) in subparagraph (C) by striking ‘‘and 
whether metropolitan planning organizations 
are developing meaningful performance targets; 
and’’ and inserting a semicolon; and 
(C) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) a listing of all metropolitan planning 
organizations that are establishing performance 
targets and whether such performance targets 
established by the metropolitan planning orga-
nization are meaningful or regressive (as de-
fined in section 150(d)(3)(B)); and 
‘‘(E) the progress of implementing the 
measure established under section 150(f).’’. 
(c) STATEWIDE AND NONMETROPOLITAN TRANSPOR-
TATION PLANNING; TITLE 23.—Section 135(g)(4) of title 
23, United States Code, is further amended— 
(1) 
by 
striking 
‘‘PERFORMANCE
TARGET 
ACHIEVEMENT’’ in the heading and inserting ‘‘PER-
FORMANCE MANAGEMENT’’; 
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416 
(2) by striking ‘‘shall include, to the maximum 
extent practicable, a discussion’’ and inserting the 
following: ‘‘shall include— 
‘‘(A) a discussion’’; 
(3) by striking the period at the end and insert-
ing ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(B) a consideration of the anticipated ef-
fect of the STIP on the overall level of trans-
portation system access, consistent with section 
150(f).’’. 
(d) METROPOLITAN TRANSPORTATION PLANNING; 
TITLE 49.—Section 5303 of title 49, United States Code, 
is amended— 
(1) in subsection (j)(2)(D)— 
(A) by striking ‘‘PERFORMANCE
TARGET 
ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE 
MANAGEMENT’’; 
(B) by striking ‘‘The transportation im-
provement plan’’ and inserting the following: 
‘‘(i) IN GENERAL.—The TIP’’; and 
(C) by adding at the end the following: 
‘‘(ii) TRANSPORTATION MANAGEMENT 
AREAS.—For metropolitan planning areas 
that represent an urbanized area des-
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417 
ignated as a transportation management 
area under subsection (k), the TIP shall 
include— 
‘‘(I) a discussion of the antici-
pated effect of the TIP toward achiev-
ing the performance targets estab-
lished in the metropolitan transpor-
tation plan, linking investment prior-
ities to such performance targets; and 
‘‘(II) a description of how the an-
ticipated effect of the TIP would im-
prove the overall level of transpor-
tation system access, consistent with 
section 150(f) of title 23.’’; 
(2) in subsection (k)— 
(A) in paragraph (3)(A)— 
(i) by striking ‘‘shall address conges-
tion management’’ and inserting the fol-
lowing: ‘‘shall address— 
‘‘(i) congestion management’’; 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
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418 
‘‘(ii) the overall level of transportation 
system access for various modes of travel 
within the metropolitan planning area, in-
cluding the level of access for economically 
disadvantaged 
communities, 
consistent 
with section 150(f) of title 23, that is 
based on a cooperatively developed and im-
plemented metropolitan-wide strategy, as-
sessing both new and existing transpor-
tation facilities eligible for funding under 
this chapter and title 23.’’; and 
(B) in paragraph (5)(B)— 
(i) in clause (i) by striking ‘‘; and’’ 
and inserting a semicolon; 
(ii) in clause (ii) by striking the pe-
riod and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) the TIP approved under clause 
(ii) makes progress towards improving the 
level of transportation system access, con-
sistent with section 150(f) of title 23.’’; 
and 
(3) in subsection (l)(2)— 
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419 
(A) by striking ‘‘5 years after the date of 
enactment of the Federal Public Transportation 
Act of 2012’’ and inserting ‘‘2 years after the 
date of enactment of the INVEST in America 
Act, and every 2 years thereafter,’’; 
(B) in subparagraph (C) by striking ‘‘and 
whether metropolitan planning organizations 
are developing meaningful performance targets; 
and’’ and inserting a semicolon; and 
(C) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) a listing of all metropolitan planning 
organizations that are establishing performance 
targets and whether such performance targets 
established by the metropolitan planning orga-
nization are meaningful or regressive (as de-
fined in section 150(d)(3)(B) of title 23); and 
‘‘(E) the progress of implementing the 
measure established under section 150(f) of 
title 23.’’. 
(e) STATEWIDE AND NONMETROPOLITAN TRANSPOR-
TATION PLANNING; TITLE 49.—Section 5304(g)(4) of 
title 49, United States Code, is amended— 
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420 
(1) 
by 
striking 
‘‘PERFORMANCE
TARGET 
ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE MAN-
AGEMENT’’; 
(2) by striking ‘‘shall include, to the maximum 
extent practicable, a discussion’’ and inserting the 
following: ‘‘shall include 
‘‘(A) a discussion’’; 
(3) by striking the period at the end and insert-
ing ‘‘; and’’; 
(4) by striking ‘‘statewide transportation im-
provement program’’ and inserting ‘‘STIP’’ each 
place it appears; and 
(5) by adding at the end the following: 
‘‘(B) a consideration of the anticipated ef-
fect of the STIP on the overall level of trans-
portation system access, consistent with section 
150(f) of title 23.’’. 
(f) SAVINGS CLAUSE.— 
(1) REGRESSIVE TARGETS.—The prohibition in 
the amendment made by subsection (a)(3)(B) shall 
apply to States beginning on the date that is 1 year 
before the subsequent State target and reporting 
deadlines related to safety performance management 
established pursuant to section 150 of title 23, 
United States Code. 
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(2) ACCESS
PLANNING
REQUIREMENTS.—The 
requirements in the amendments made by sub-
sections (b), (c), (d), and (e) shall apply beginning 
on the date on which the requirements for the meas-
ure described in section 150(f) of title 23, United 
States Code, take effect. 
(g) DEVELOPMENT
OF GREENHOUSE GAS MEAS-
URE.—Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall issue 
such regulations as are necessary to carry out paragraph 
(7) of section 150(c) of title 23, United States Code, as 
added by this Act. 
(h) DEVELOPMENT
OF TRANSPORTATION SYSTEM 
ACCESS MEASURE.— 
(1) ESTABLISHMENT.—Not later than 120 days 
after the date of enactment of this Act, the Sec-
retary of Transportation shall establish a working 
group to assess the provisions of paragraphs (1) and 
(2) of section 150(f) and make recommendations re-
garding the establishment of measures for States 
and metropolitan planning organizations to use to 
assess the level of transportation system access for 
various modes of travel, consistent with section 
150(f) of title 23, United States Code. 
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(2) MEMBERS.—The working group established 
pursuant to paragraph (1) shall include representa-
tives from— 
(A) the Department of Transportation; 
(B) State departments of transportation, 
including representatives that specialize in pe-
destrian and bicycle safety; 
(C) the Bureau of Transportation Statis-
tics; 
(D) metropolitan planning organizations 
representing transportation management areas 
(as those terms are defined in section 134 of 
title 23, United States Code); 
(E) other metropolitan planning organiza-
tions or local governments; 
(F) providers of public transportation; 
(G) nonprofit entities related to transpor-
tation, including relevant safety groups; 
(H) experts in the field of transportation 
access data; and 
(I) any other stakeholders, as determined 
by the Secretary. 
(3) REPORT.— 
(A) SUBMISSION.—Not later than 1 year 
after the establishment of the working group 
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pursuant to paragraph (1), the working group 
shall submit to the Secretary a report of rec-
ommendations regarding the establishment of 
measures for States and metropolitan planning 
organizations to use to assess the level of trans-
portation system access, consistent with section 
150(f) of title 23, United States Code. 
(B) PUBLICATION.—Not later than 30 
days after the date on which the Secretary re-
ceives the report under subparagraph (A), the 
Secretary shall publish the report on a publicly 
accessible website of the Department of Trans-
portation. 
(4) RULEMAKING.—Not later than 2 years after 
the date on which the Secretary receives the report 
under paragraph (3), the Secretary shall issue such 
regulations as are necessary to implement the re-
quirements of section 150(f) of title 23, United 
States Code. 
(5) TERMINATION.—The Secretary shall termi-
nate the working group established pursuant to 
paragraph (1) on the date on which the regulation 
issued pursuant to paragraph (4) takes effect. 
(i) TRANSPORTATION SYSTEM ACCESS DATA.— 
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(1) IN GENERAL.—Not later than 90 days after 
the date on which the Secretary of Transportation 
establishes the measure required under section 
150(f) of title 23, United States Code, the Secretary 
shall develop or procure eligible transportation sys-
tem access data sets and analytical tools and make 
such data sets and analytical tools available to State 
departments of transportation and metropolitan 
planning areas that represent transportation man-
agement areas. 
(2) REQUIREMENTS.—An eligible transpor-
tation system access data set and analytical tool 
shall have the following characteristics: 
(A) The ability to quantify the level of 
safe, reliable, and convenient transportation 
system access to— 
(i) employment; 
(ii) services; and 
(iii) connections to other modes of 
transportation. 
(B) The ability to quantify transportation 
system access for various modes of travel, in-
cluding— 
(i) driving; 
(ii) public transportation; 
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(iii) walking (including conveyance for 
persons with disabilities); and 
(iv) cycling (including micromobility). 
(C) The ability to disaggregate the level of 
transportation system access by various trans-
portation modes by a variety of population cat-
egories, including— 
(i) low-income populations; 
(ii) minority populations; 
(iii) age; 
(iv) disability; and 
(v) geographical location. 
(D) The ability to assess the change in the 
level of transportation system access that would 
result from new transportation investments. 
(3) CONSIDERATION.—An eligible transpor-
tation system access data set and analytical tool 
shall take into consideration safe and connected net-
works for walking, cycling, and persons with disabil-
ities. 
(j) DEFINITIONS.—In this section: 
(1) TRANSPORTATION
SYSTEM
ACCESS.—The 
term ‘‘transportation system access’’ has the mean-
ing given such term in section 101 of title 23, 
United States Code. 
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(2) SERVICES.—The term ‘‘services’’ has the 
meaning given such term in section 150(f) of title 
23, United States Code. 
SEC. 1404. TRANSPORTATION DEMAND DATA AND MOD-
ELING STUDY. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation shall conduct a study on transportation de-
mand data and modeling, including transportation 
demand forecasting, and make recommendations for 
developing and utilizing transportation and traffic 
demand models with a demonstrated record of accu-
racy. 
(2) CONTENTS.—In carrying out the study 
under this section, the Secretary shall— 
(A) collect observed transportation demand 
data and transportation demand forecasts from 
States and metropolitan planning organizations, 
including data and forecasts on— 
(i) traffic counts; 
(ii) transportation mode share and 
public transportation ridership; and 
(iii) vehicle occupancy measures; 
(B) compare the transportation demand 
forecasts with the observed transportation de-
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mand data gathered under subparagraph (A), 
including an analysis of the level of accuracy of 
forecasts and possible reasons for large discrep-
ancies; and 
(C) use the information described in sub-
paragraphs (A) and (B) to— 
(i) develop best practices and guid-
ance for States and metropolitan planning 
organizations to use in forecasting trans-
portation demand for future investments in 
transportation improvements; 
(ii) evaluate the impact of transpor-
tation investments, including new roadway 
capacity, on transportation behavior and 
transportation demand, including public 
transportation ridership, induced highway 
transportation, and congestion; 
(iii) support more accurate transpor-
tation demand forecasting by States and 
metropolitan planning organizations; 
(iv) enhance the capacity of States 
and metropolitan planning organizations 
to— 
(I) forecast transportation de-
mand; and 
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(II) track observed transpor-
tation behavior responses, including 
induced transportation, to changes in 
transportation capacity, pricing, and 
land use patterns; and 
(v) develop transportation demand 
management strategies to maximize the ef-
ficiency of the transportation system, im-
prove mobility, reduce congestion, and 
lower vehicle emissions. 
(3) COVERED ENTITIES.—In carrying out the 
study under this section, the Secretary shall ensure 
that data and forecasts described in paragraph 
(2)(A) are collected from— 
(A) States; 
(B) metropolitan planning organizations 
that serve an area with a population of 200,000 
people or fewer; and 
(C) metropolitan planning organizations 
that serve an area with a population of over 
200,000 people. 
(4) WORKING WITH THE PRIVATE SECTOR.—In 
carrying out this section, the Secretary may, and is 
encouraged to, procure additional data as necessary 
from university transportation centers, private sector 
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providers, and other entities as is needed and may 
use funds authorized under section 503(b) of title 
23, United States Code, for carrying out this para-
graph. 
(5) 
WORKING
WITH
AFFECTED
COMMU-
NITIES.—In carrying out this section, the Secretary 
shall consult with, and collect data and input from, 
representatives of— 
(A) the Department of Transportation; 
(B) State departments of transportation; 
(C) metropolitan planning organizations; 
(D) local governments; 
(E) providers of public transportation; 
(F) nonprofit entities related to transpor-
tation, including safety, cycling, disability, and 
equity groups; and 
(G) any other stakeholders, as determined 
by the Secretary. 
(b) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall submit to 
Congress a report containing the findings of the study 
conducted under subsection (a). 
(c) SECRETARIAL SUPPORT.—The Secretary shall 
seek opportunities to support the transportation planning 
processes under sections 134 and 135 of title 23, United 
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States Code, through the provision of data to States and 
metropolitan planning organizations to improve the qual-
ity of transportation plans, models, and demand forecasts. 
(d) UPDATE GUIDANCE AND REGULATIONS.—The 
Secretary shall— 
(1) update Department of Transportation guid-
ance and procedures to utilize best practices docu-
mented throughout the Federal program; and 
(2) ensure that best practices included in the 
report are incorporated into appropriate regulations 
as such regulations are updated. 
(e) CONTINUING
IMPROVEMENT.—The Secretary 
shall set out a process to repeat the study under this sec-
tion every 2 years as part of the conditions and perform-
ance report, including— 
(1) progress in the accuracy of model projec-
tions; 
(2) further recommendations for improvement; 
and 
(3) further changes to guidance, regulation, and 
procedures required for the Department of Trans-
portation to adopt best practices. 
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SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANS-
PORTATION PLANS. 
Not later than 1 year after the date of enactment 
of 
this 
Act, 
the 
Secretary 
shall 
amend 
section 
450.324(f)(11)(v) of title 23, Code of Federal Regulations, 
to ensure that the outer years of a metropolitan transpor-
tation plan are defined as ‘‘beyond the first 4 years’’. 
Subtitle E—Federal Lands, Tribes, 
and Territories 
SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PRO-
GRAM. 
(a) IN GENERAL.—Section 165 of title 23, United 
States Code, is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) ANNUAL ALLOCATION.—For the Puerto Rico 
and territorial highway program, there shall be made 
available— 
‘‘(1) $340,000,000 for the Puerto Rico highway 
program under subsection (b) for each of fiscal years 
2023 through 2026; and 
‘‘(2) for the territorial highway program under 
subsection (c)— 
‘‘(A) $113,044,097 for fiscal year 2023; 
‘‘(B) $114,961,294 for fiscal year 2024; 
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‘‘(C) $117,190,719 for fiscal year 2025; 
and 
‘‘(D) $119,237,332 for fiscal year 2026.’’; 
(2) in subsection (b)(2) by adding at the end 
the following: 
‘‘(D) TRANSFERABILITY.—Of the amounts 
described in clauses (i) and (ii) of subparagraph 
(C) for the Puerto Rico highway program, 
Puerto Rico may transfer not to exceed 50 per-
cent in a fiscal year of such amounts for activi-
ties described in clause (iii) of such subpara-
graph.’’. 
(3) in subsection (c)(6)(A)— 
(A) by redesignating clauses (iv), (v), (vi), 
and (vii) as clauses (v), (vi), (vii), and (viii), re-
spectively; and 
(B) by inserting after clause (iii) the fol-
lowing: 
‘‘(iv) Ferry boats and terminal facili-
ties that are privately or majority privately 
owned, in accordance with paragraphs (1), 
(2), (4), (5), (6), and (7) of section 129(c), 
that provide a substantial public benefit.’’; 
and 
(4) by adding at the end the following: 
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‘‘(d) PARTICIPATION OF TERRITORIES IN DISCRE-
TIONARY PROGRAMS.—For any program in which the Sec-
retary may allocate funds out of the Highway Trust Fund 
(other than the Mass Transit Account) to a State at the 
discretion of the Secretary, the Secretary may allocate 
funds to one or more territory for any project or activity 
that otherwise would be eligible under such program if 
such project or activity was being carried out in a State.’’. 
(b) ACCESS
AND DEVELOPMENT ROADS.—Section 
118(d) of title 23, United States Code, is amended by 
striking ‘‘and the Commonwealth of Puerto Rico’’ and in-
serting ‘‘, the Commonwealth of Puerto Rico, and any 
other territory of the United States’’. 
SEC. 1502. TRIBAL TRANSPORTATION PROGRAM. 
Section 202 of title 23, United States Code, is 
amended— 
(1) in subsection (d)— 
(A) in paragraph (1) by striking ‘‘improv-
ing deficient’’ and inserting ‘‘the construction 
and reconstruction of’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A) by inserting 
‘‘construct,’’ after ‘‘project to’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘deficient’’; and 
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(II) by inserting ‘‘in poor condi-
tion’’ after ‘‘facility bridges’’; and 
(C) in paragraph (3)— 
(i) in the heading by striking ‘‘ELIGI-
BLE BRIDGES’’ and inserting ‘‘ELIGIBILITY 
FOR EXISTING BRIDGES’’; 
(ii) by striking ‘‘a bridge’’ and insert-
ing ‘‘an existing bridge’’; and 
(iii) in subparagraph (C) by striking 
‘‘structurally deficient or functionally obso-
lete’’ and inserting ‘‘in poor condition’’; 
and 
(2) in subsection (e) by striking ‘‘for eligible 
projects described in section 148(a)(4).’’ and insert-
ing the following: ‘‘for— 
‘‘(A) eligible projects described in section 
148(a)(4); 
‘‘(B) projects to promote public awareness 
and education concerning highway safety mat-
ters (including bicycle, all-terrain, motorcyclist, 
and pedestrian safety); or 
‘‘(C) projects to enforce highway safety 
laws.’’. 
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SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 
(a) TRIBAL TRANSPORTATION PROGRAM.—Section 
202 of title 23, United States Code, is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 
Before making any distribution under subsection (b), the 
Secretary shall set aside $50,000,000 from the funds 
made available under the tribal transportation program 
for each fiscal year to carry out the Tribal High Priority 
Projects program under section 1123 of MAP–21 (23 
U.S.C. 202 note).’’. 
(b) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 
Section 1123 of MAP–21 (23 U.S.C. 202 note) is amend-
ed— 
(1) in subsection (a)(1)(C) by striking ‘‘re-
quired by that section’’ and inserting ‘‘required 
under such program’’; 
(2) in subsection (b)(1) by striking ‘‘use 
amounts made available under subsection (h) to’’; 
(3) in subsection (d)— 
(A) in paragraph (2) by inserting ‘‘, in 
consultation with the Secretary of the Interior,’’ 
after ‘‘The Secretary’’; and 
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(B) in paragraph (3) by striking ‘‘of the 
Interior’’ each place it appears; 
(4) in subsection (f) by striking ‘‘$1,000,000’’ 
and inserting ‘‘$5,000,000’’; 
(5) in subsection (g) by striking ‘‘and the Sec-
retary’’ and inserting ‘‘or the Secretary’’; and 
(6) by striking subsection (h) and inserting the 
following: 
‘‘(h) ADMINISTRATION.—The funds made available to 
carry out this section shall be administered in the same 
manner as funds made available for the Tribal transpor-
tation program under section 202 of title 23, United 
States Code.’’. 
SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM. 
(a) IN GENERAL.—Section 203(a) of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(6) TRANSFER
FOR
HIGH-COMMUTER
COR-
RIDORS.— 
‘‘(A) REQUEST.—If the head of a covered 
agency determines that a high-commuter cor-
ridor requires additional investment, based on 
the criteria described in subparagraph (D), the 
head of a covered agency, with respect to such 
corridor, shall submit to the State— 
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‘‘(i) information on condition of pave-
ments and bridges; 
‘‘(ii) an estimate of the amounts need-
ed to bring such corridor into a state of 
good repair, taking into consideration any 
planned future investments; and 
‘‘(iii) at the discretion of the head of 
a covered agency, a request that the State 
transfer to the covered agency, under the 
authority of section 132 or section 204, or 
to the Federal Highway Administration, 
under the authority of section 104, a por-
tion of such amounts necessary to address 
the condition of the corridor. 
‘‘(B) STATE
RESPONSE.—Not later than 
45 days after the date of receipt of the request 
described in subparagraph (A)(iii), the State 
shall— 
‘‘(i) approve the request; 
‘‘(ii) deny the request and explain the 
reasons for such denial; or 
‘‘(iii) request any additional informa-
tion necessary to take action on the re-
quest. 
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‘‘(C) 
NOTIFICATION
TO
THE
SEC-
RETARY.—The head of a covered agency shall 
provide to the Secretary a copy of any request 
described under subparagraph (A)(iii) and re-
sponse described under subparagraph (B). 
‘‘(D) CRITERIA.—In making a determina-
tion under subparagraph (A), the head of a cov-
ered agency, with respect to the corridor, shall 
consider— 
‘‘(i) the condition of roads, bridges, 
and tunnels; and 
‘‘(ii) the average annual daily traffic. 
‘‘(E) DEFINITIONS.—In this paragraph: 
‘‘(i) COVERED
AGENCY.—The term 
‘covered agency’ means a Federal agency 
eligible to receive funds under this section, 
section 203, or section 204, including the 
Army Corps of Engineers, Bureau of Rec-
lamation, and the Bureau of Land Man-
agement. 
‘‘(ii) HIGH-COMMUTER
CORRIDOR.— 
The term ‘high-commuter corridor’ means 
a Federal lands transportation facility that 
has an average annual daily traffic of not 
less than 20,000 vehicles.’’. 
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(b) GAO STUDY REGARDING NPS MAINTENANCE.— 
(1) STUDY.—The Comptroller General of the 
United States shall study the National Park Service 
maintenance prioritization of Federal lands trans-
portation facilities. 
(2) CONTENTS.—At minimum, the study under 
paragraph (1) shall examine— 
(A) general administrative maintenance of 
the National Park Service; 
(B) how the National Park Service cur-
rently prioritizes maintenance of Federal facili-
ties covered under the Federal Lands Transpor-
tation Program; 
(C) what kind of maintenance the National 
Parkway Service is performing; 
(D) to what degree does the National Park 
Service prioritize high-commuter corridors; and 
(E) how the National Park Service can 
better service the needs of high commuter cor-
ridors. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller Gen-
eral shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Environment and Pub-
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lic Works of the Senate a report summarizing the 
study and the results of such study, including rec-
ommendations for addressing the maintenance needs 
and prioritization of high-commuter corridors. 
(4) DEFINITION
OF
HIGH-COMMUTER
COR-
RIDOR.—In this section, the term ‘‘high-commuter 
corridor’’ means a Federal lands transportation fa-
cility that has average annual daily traffic of not less 
than 20,000 vehicles. 
SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS 
PROGRAM. 
(a) IN GENERAL.—Chapter 2 of title 23, United 
States Code, is amended by inserting after section 207 the 
following: 
‘‘§ 208. Federal lands and Tribal major projects pro-
gram 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a Federal lands and Tribal major projects program 
(referred to in this section as the ‘program’) to provide 
funding to construct, reconstruct, or rehabilitate critical 
Federal lands and Tribal transportation infrastructure. 
‘‘(b) ELIGIBLE APPLICANTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), entities eligible to receive funds under 
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sections 201, 202, 203, and 204 may apply for fund-
ing under the program. 
‘‘(2) SPECIAL RULE.—A State, county, or unit 
of local government may only apply for funding 
under the program if sponsored by an eligible Fed-
eral agency or Indian Tribe. 
‘‘(c) ELIGIBLE PROJECTS.—An eligible project under 
the program shall be on a Federal lands transportation 
facility, a Federal lands access transportation facility, or 
a tribal transportation facility, except that such facility is 
not required to be included in an inventory described in 
section 202 or 203, and for which— 
‘‘(1) the project— 
‘‘(A) has completed the activities required 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) which has been 
demonstrated through— 
‘‘(i) a record of decision with respect 
to the project; 
‘‘(ii) a finding that the project has no 
significant impact; or 
‘‘(iii) a determination that the project 
is categorically excluded; or 
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‘‘(B) is reasonably expected to begin con-
struction not later than 18 months after the 
date of obligation of funds for the project; and 
‘‘(2) the project has an estimated cost equal to 
or exceeding— 
‘‘(A) $12,500,000 if it is on a Federal 
lands transportation facility or a Federal lands 
access transportation facility; and 
‘‘(B) $5,000,000 if it is on a Tribal trans-
portation facility. 
‘‘(d) ELIGIBLE
ACTIVITIES.—Grant amounts re-
ceived for a project under this section may be used for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, 
environmental review, preliminary engineering and 
design work, and other preconstruction activities; 
and 
‘‘(2) construction, reconstruction, and rehabili-
tation activities. 
‘‘(e) APPLICATIONS.—Eligible applicants shall submit 
to the Secretary an application at such time, in such form, 
and containing such information as the Secretary may re-
quire. 
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‘‘(f) PROJECT REQUIREMENTS.—The Secretary may 
select a project to receive funds under the program only 
if the Secretary determines that the project— 
‘‘(1) improves the condition of critical transpor-
tation facilities, including multimodal facilities; 
‘‘(2) cannot be easily and efficiently completed 
with amounts made available under section 202, 
203, or 204; and 
‘‘(3) is cost effective. 
‘‘(g) MERIT CRITERIA.—In making a grant under 
this section, the Secretary shall consider whether the 
project— 
‘‘(1) will generate state of good repair, resil-
ience, economic competitiveness, quality of life, mo-
bility, or safety benefits; 
‘‘(2) in the case of a project on a Federal lands 
transportation facility or a Federal lands access 
transportation facility, has costs matched by funds 
that are not provided under this section or this title; 
and 
‘‘(3) generates benefits for land owned by mul-
tiple Federal land management agencies or Indian 
Tribes, or which spans multiple States. 
‘‘(h) EVALUATION AND RATING.—To evaluate appli-
cations, the Secretary shall— 
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‘‘(1) determine whether a project meets the re-
quirements under subsection (f); 
‘‘(2) evaluate, through a discernable and trans-
parent methodology, how each application addresses 
one or more merit criteria established under sub-
section (g); 
‘‘(3) assign a rating for each merit criteria for 
each application; and 
‘‘(4) consider applications only on the basis of 
such quality ratings and which meet the minimally 
acceptable level for each of the merit criteria. 
‘‘(i) COST SHARE.— 
‘‘(1) FEDERAL LANDS PROJECTS.— 
‘‘(A) IN GENERAL.—Notwithstanding sec-
tion 120, the Federal share of the cost of a 
project on a Federal lands transportation facil-
ity or a Federal lands access transportation fa-
cility shall be up to 90 percent. 
‘‘(B) 
NON-FEDERAL
SHARE.—Notwith-
standing any other provision of law, any Fed-
eral funds may be used to pay the non-Federal 
share of the cost of a project carried out under 
this section. 
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‘‘(2) TRIBAL PROJECTS.—The Federal share of 
the cost of a project on a Tribal transportation facil-
ity shall be 100 percent. 
‘‘(j) USE OF FUNDS.—For each fiscal year, of the 
amounts made available to carry out this section, not more 
than 50 percent shall be used for eligible projects on Fed-
eral lands transportation facilities or Federal lands access 
transportation facilities and Tribal transportation facili-
ties, respectively.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 2 of title 23, United States Code, is amended by insert-
ing after the item relating to section 207 the following 
new item: 
‘‘208. Federal lands and Tribal major projects program.’’. 
(c) REPEAL.—Section 1123 of the FAST Act (23 
U.S.C. 201 note), and the item related to such section in 
the table of contents under section 1(b) of such Act, are 
repealed. 
SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. 
Section 102 of title 49, United States Code, is 
amended— 
(1) in subsection (e)(1)— 
(A) by striking ‘‘6 Assistant’’ and inserting 
‘‘7 Assistant’’; 
(B) in subparagraph (C) by striking ‘‘; 
and’’ and inserting a semicolon; 
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(C) by redesignating subparagraph (D) as 
subparagraph (E); and 
(D) by inserting after subparagraph (C) 
the following: 
‘‘(D) an Assistant Secretary for Tribal 
Government Affairs, who shall be appointed by 
the President; and’’; and 
(2) in subsection (f)— 
(A) in the heading by striking ‘‘DEPUTY 
ASSISTANT SECRETARY FOR TRIBAL GOVERN-
MENT AFFAIRS’’ and inserting ‘‘OFFICE
OF 
TRIBAL GOVERNMENT AFFAIRS’’; and 
(B) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) ESTABLISHMENT.—There is established in 
the Department an Office of Tribal Government Af-
fairs, under the Assistant Secretary for Tribal Gov-
ernment Affairs, to— 
‘‘(A) oversee the Tribal transportation self- 
governance program under section 207 of title 
23; 
‘‘(B) plan, coordinate, and implement poli-
cies and programs serving Indian Tribes and 
Tribal organizations; 
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‘‘(C) coordinate Tribal transportation pro-
grams and activities in all offices and adminis-
trations of the Department; 
‘‘(D) provide technical assistance to Indian 
Tribes and Tribal organizations; 
‘‘(E) be a participant in any negotiated 
rulemakings relating to, or having an impact 
on, projects, programs, or funding associated 
with the tribal transportation program under 
section 202 of title 23; and 
‘‘(F) ensure that Department programs 
have in place, implement, and enforce require-
ments and obligations for regular and meaning-
ful consultation and collaboration with Tribes 
and Tribal officials under Executive Order No. 
13175 and to serve as the primary advisor to 
the Secretary and other Department compo-
nents regarding violations of those require-
ments.’’. 
SEC. 1507. ALTERNATIVE CONTRACTING METHODS. 
(a) LAND MANAGEMENT AGENCIES
AND TRIBAL 
GOVERNMENTS.—Section 201 of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 
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‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may use a con-
tracting method available to a State under this title 
on behalf of— 
‘‘(A) a Federal land management agency, 
with respect to any funds available pursuant to 
section 203 or 204; 
‘‘(B) a Federal land management agency, 
with respect to any funds available pursuant to 
section 1535 of title 31 for any eligible use de-
scribed in sections 203(a)(1) and 204(a)(1) of 
this title; or 
‘‘(C) a Tribal Government, with respect to 
any 
funds 
available 
pursuant 
to 
section 
202(b)(7)(D). 
‘‘(2) METHODS
DESCRIBED.—The contracting 
methods referred to in paragraph (1) shall include, 
at a minimum— 
‘‘(A) project bundling; 
‘‘(B) bridge bundling; 
‘‘(C) design-build contracting; 
‘‘(D) 2-phase contracting; 
‘‘(E) long-term concession agreements; and 
‘‘(F) any method tested, or that could be 
tested, under an experimental program relating 
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to contracting methods carried out by the Sec-
retary. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection— 
‘‘(A) affects the application of the Federal 
share for a project carried out with a con-
tracting method under this subsection; or 
‘‘(B) modifies the point of obligation of 
Federal salaries and expenses.’’. 
(b) USE
OF ALTERNATIVE CONTRACTING METH-
OD.—In carrying out the amendments made by this sec-
tion, the Secretary shall— 
(1) in consultation with the applicable Federal 
land management agencies, establish procedures that 
are— 
(A) applicable to each alternative con-
tracting method; and 
(B) to the maximum extent practicable, 
consistent with requirements for Federal pro-
curement transactions; 
(2) solicit input on the use of each alternative 
contracting method from any affected industry prior 
to using such method; and 
(3) analyze and prepare an evaluation of the 
use of each alternative contracting method. 
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SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES. 
(a) IN GENERAL.—The Commissioner of the Bureau 
of Reclamation may transfer ownership of a bridge that 
is owned by the Bureau of Reclamation if— 
(1) the ownership of the bridge is transferred to 
a State with the concurrence of such State; 
(2) the State to which ownership is transferred 
agrees to operate and maintain the bridge; 
(3) the transfer of ownership complies with all 
applicable Federal requirements, including— 
(A) section 138 of title 23, United States 
Code; 
(B) section 306108 of title 54, United 
States Code; and 
(C) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(4) the Bureau of Reclamation and the State to 
which ownership is being transferred jointly notify 
the Secretary of Transportation of the intent to con-
duct a transfer prior to such transfer. 
(b) ACCESS.—In a transfer of ownership of a bridge 
under this section, the Commissioner of the Bureau of 
Reclamation— 
(1) shall not be required to transfer ownership 
of the land on which the bridge is located or any ad-
jacent lands; and 
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(2) shall make arrangements with the State to 
which ownership is being transferred to allow for 
adequate access to such bridge, including for the 
purposes of construction, maintenance, and bridge 
inspections pursuant to section 144 of title 23, 
United States Code. 
SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO IN-
DIAN TRIBES. 
Not later than January 31 of each year, the Sec-
retary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and 
Public Works of the Senate a report that— 
(1) identifies the number of Indian Tribes that 
were direct recipients of funds under any discre-
tionary Federal highway, transit, or highway safety 
program in the prior fiscal year; 
(2) lists the total amount of such funds made 
available directly to such Tribes; 
(3) identifies the number and location of Indian 
Tribes that were indirect recipients of funds under 
any formula-based Federal highway, transit, or high-
way safety program in the prior fiscal year; and 
(4) lists the total amount of such funds made 
available indirectly to such tribes through states or 
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other direct recipients of Federal highway, transit or 
highway safety funding. 
SEC. 1510. GAO STUDY. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study on the deferred main-
tenance of United States forest roads, including— 
(1) the current backlog; 
(2) the current actions on such maintenance 
and backlog; 
(3) the impacts of public safety due to such de-
ferred maintenance; and 
(4) recommendations for Congress on ways to 
address such backlog. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of 
the Senate a report containing the results of the study 
conducted under subsection (a). 
SEC. 1511. FEDERAL LANDS ACCESS PROGRAM. 
Section 204(a) of title 23, United States Code, is 
amended— 
(1) in paragraph (1)(A)— 
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(A) in the matter preceding clause (i), by 
inserting ‘‘context-sensitive solutions,’’ after 
‘‘restoration,’’; 
(B) in clause (i), by inserting ‘‘, including 
interpretive panels in or adjacent to those 
areas’’ after ‘‘areas’’; 
(C) in clause (v), by striking ‘‘and’’ at the 
end; 
(D) by redesignating clause (vi) as clause 
(ix); and 
(E) by inserting after clause (v) the fol-
lowing: 
‘‘(vi) contextual wayfinding markers; 
‘‘(vii) landscaping; 
‘‘(viii) cooperative mitigation of visual 
blight, including screening or removal; 
and’’; and 
(2) by adding at the end the following: 
‘‘(6) NATIVE PLANT MATERIALS.—In carrying 
out an activity described in paragraph (1), the Sec-
retary shall ensure that the entity carrying out the 
activity considers— 
‘‘(A) the use of locally adapted native plant 
materials; and 
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‘‘(B) designs that minimize runoff and 
heat generation.’’. 
Subtitle F—Additional Provisions 
SEC. 1601. VISION ZERO. 
(a) IN GENERAL.—A local government, metropolitan 
planning organization, or regional transportation planning 
organization may develop and implement a vision zero 
plan to significantly reduce or eliminate transportation-re-
lated fatalities and serious injuries within a specified time-
frame, not to exceed 20 years. 
(b) USE
OF FUNDS.—Amounts apportioned to a 
State under paragraph (2) or (3) of section 104(b) of title 
23, United States Code, may be used— 
(1) to carry out vision zero planning under this 
section or a vulnerable road user safety assessment; 
and 
(2) to implement an existing vision zero plan. 
(c) CONTENTS OF PLAN.—A vision zero plan under 
this section shall include— 
(1) a description of programs, strategies, or 
policies intended to significantly reduce or eliminate 
transportation-related fatalities and serious injuries 
within a specified timeframe, not to exceed 20 years, 
that is consistent with a State strategic highway 
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safety plan and uses existing transportation data 
and consideration of risk factors; 
(2) plans for implementation of, education of 
the public about, and enforcement of such programs, 
strategies, or policies; 
(3) a description of how such programs, strate-
gies, or policies, and the enforcement of such pro-
grams, strategies, or policies will— 
(A) equitably invest in the safety needs of 
low-income and minority communities; 
(B) ensure that such communities are not 
disproportionately targeted by law enforcement; 
and 
(C) protect the rights of members of such 
communities with respect to title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.); 
and 
(4) a description of a mechanism to evaluate 
progress of the development and implementation of 
the plan, including the gathering and use of trans-
portation safety and demographic data. 
(d) INCLUSIONS.—A vision zero plan may include a 
complete streets prioritization plan that identifies a spe-
cific list of projects to— 
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(1) create a connected network of active trans-
portation facilities, including sidewalks, bikeways, or 
pedestrian and bicycle trails, to connect communities 
and provide safe, reliable, affordable, and convenient 
access to employment, housing, and services, con-
sistent with the goals described in section 150(b) of 
title 23, United States Code; 
(2) integrate active transportation facilities with 
public transportation service or improve access to 
public transportation; and 
(3) improve transportation options for low-in-
come and minority communities. 
(e) COORDINATION.—A vision zero plan under this 
section shall provide for coordination of various subdivi-
sions of a unit of local government in the implementation 
of the plan, including subdivisions responsible for law en-
forcement, public health, data collection, and public works. 
(f) SAFETY PERFORMANCE MANAGEMENT.—A vision 
zero plan under this section is not sufficient to dem-
onstrate compliance with the safety performance or plan-
ning requirements of section 148 or 150 of title 23, United 
States Code. 
(g) GUIDANCE ON SAFE SYSTEM APPROACH.—The 
Secretary of Transportation shall develop guidance on the 
consideration of a safe system approach in project plan-
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ning, scoping, and design to facilitate the implementation 
of vision zero plans under this section and vulnerable road 
user assessments under section 148 of title 23, United 
States Code. 
(h) DEFINITIONS.—In this section, the terms ‘‘safe 
system approach’’ and ‘‘vulnerable road user safety assess-
ment’’ have the meanings given such terms in section 148 
of title 23, United States Code. 
SEC. 1602. SPEED LIMITS. 
(a) SPEED LIMITS.—The Secretary of Transpor-
tation shall revise the Manual on Uniform Traffic Control 
Devices to provide for a safe system approach to setting 
speed limits, consistent with the safety recommendations 
issued by the National Transportation Safety Board on 
August 15, 2017, numbered H–17–27 and H–17–028. 
(b) CONSIDERATIONS.—In carrying out subpara-
graph (A), the Secretary shall consider— 
(1) crash statistics; 
(2) road geometry characteristics; 
(3) roadside characteristics; 
(4) traffic volume; 
(5) the possibility and likelihood of human 
error; 
(6) human injury tolerance; 
(7) the prevalence of vulnerable road users; and 
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(8) any other consideration, consistent with a 
safe system approach, as determined by the Sec-
retary. 
(c) REPORT
ON SPEED MANAGEMENT PROGRAM 
PLAN.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall update and report on the 
implementation progress of the Speed Management Pro-
gram Plan of the Department of Transportation, as de-
scribed in the safety recommendation issued by the Na-
tional Transportation Safety Board on August 15, 2017, 
numbered H–17–018. 
(d) DEFINITIONS.—In this section, the terms ‘‘safe 
system approach’’ and ‘‘vulnerable road user’’ have the 
meanings given such terms in section 148(a) of title 23, 
United States Code. 
SEC. 1603. DIG ONCE FOR BROADBAND INFRASTRUCTURE 
DEPLOYMENT. 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE STATE AGENCY.—The term 
‘‘appropriate State agency’’ means a State govern-
mental agency that is recognized by the executive 
branch of the State as having the experience nec-
essary to evaluate and facilitate the installation and 
operation of broadband infrastructure within the 
State. 
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(2) BROADBAND.—The term ‘‘broadband’’ has 
the meaning given the term ‘‘advanced telecommuni-
cations capability’’ in section 706 of the Tele-
communications Act of 1996 (47 U.S.C. 1302). 
(3) 
BROADBAND
CONDUIT.—The 
term 
‘‘broadband conduit’’ means a conduit or innerduct 
for fiber optic cables (or successor technology of 
greater quality and speed) that supports the provi-
sion of broadband. 
(4) BROADBAND INFRASTRUCTURE.—The term 
‘‘broadband infrastructure’’ means any buried or un-
derground facility and any wireless or wireline con-
nection that enables the provision of broadband. 
(5) 
BROADBAND
PROVIDER.—The 
term 
‘‘broadband provider’’ means an entity that provides 
broadband to any person, including, with respect to 
such entity— 
(A) a corporation, company, association, 
firm, partnership, nonprofit organization, or 
any other private entity; 
(B) a State or local broadband provider; 
(C) an Indian Tribe; and 
(D) a partnership between any of the enti-
ties described in subparagraphs (A), (B), and 
(C). 
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(6) 
COVERED
HIGHWAY
CONSTRUCTION 
PROJECT.— 
(A) IN
GENERAL.—The term ‘‘covered 
highway construction project’’ means, without 
regard to ownership of a highway, a project 
funded under title 23, United States Code, and 
administered by a State department of trans-
portation to construct a new highway or an ad-
ditional lane for an existing highway, to recon-
struct an existing highway, or new construction, 
including construction of a paved shoulder. 
(B) EXCLUSIONS.—The term ‘‘covered 
highway construction project’’ excludes any 
project— 
(i) awarded before the date on which 
regulations required under subsection (b) 
take effect; 
(ii) that does not include work beyond 
the edge of pavement or current paved 
shoulder; 
(iii) that is less than a mile in length; 
or 
(iv) that is— 
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(I) a project primarily for resur-
facing, restoration, rehabilitation, or 
maintenance; 
(II) a bicycle, pedestrian, trans-
portation alternatives, sidewalk, rec-
reational trails, or safe routes to 
school project; 
(III) an operational improvement 
(as such term is defined in section 
101 of title 23, United States Code); 
(IV) a project primarily to install 
signage; or 
(V) a culvert project. 
(7) DIG ONCE REQUIREMENT.—The term ‘‘dig 
once requirement’’ means a requirement designed to 
reduce the cost and accelerate the deployment of 
broadband by minimizing the number and scale of 
repeated excavations for the installation and mainte-
nance of broadband conduit or broadband infrastruc-
ture in rights-of-way. 
(8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given such term in section 4(e) of 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5304(e)). 
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(9) NTIA ADMINISTRATOR.—The term ‘‘NTIA 
Administrator’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
(10) PROJECT.—The term ‘‘project’’ has the 
meaning given such term in section 101 of title 23, 
United States Code. 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Transportation. 
(12) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 401 of title 23, 
United States Code. 
(13) STATE
OR
LOCAL
BROADBAND
PRO-
VIDER.—The term ‘‘State or local broadband pro-
vider’’ means a State or political subdivision thereof, 
or any agency, authority, or instrumentality of a 
State or political subdivision thereof, that provides 
broadband to any person or facilitates the provision 
of broadband to any person in such State. 
(b) DIG ONCE REQUIREMENT.—Not later than 12 
months after the date of enactment of this Act, to facili-
tate the installation of broadband infrastructure, the Sec-
retary shall issue such regulations as may be necessary 
to ensure that each State that receives funds under chap-
ter 1 of title 23, United States Code, complies with the 
following provisions: 
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(1) BROADBAND PLANNING AND NOTICE.—The 
State department of transportation, in consultation 
with appropriate State agencies, shall— 
(A) review existing State broadband plans, 
including existing dig once requirements of the 
State, 
municipal 
governments 
incorporated 
under State law, and Indian tribes within the 
State, to determine opportunities to coordinate 
covered highway construction projects occurring 
within or across highway rights-of-way with 
planned broadband infrastructure projects; 
(B) identify a broadband coordinator, who 
may have additional responsibilities in the State 
department of transportation or in another 
State agency, that is responsible for facilitating 
the broadband infrastructure right-of-way ef-
forts within the State; and 
(C) establish a process— 
(i) for the registration of broadband 
providers that seek to be included in the 
advance notification of, and opportunity to 
participate in, broadband infrastructure 
right-of-way facilitation efforts within the 
State; and 
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(ii) 
to 
electronically 
notify 
all 
broadband 
providers 
registered 
under 
clause (i)— 
(I) of the State transportation 
improvement program on at least an 
annual basis; and 
(II) of covered highway construc-
tion projects within the highway right- 
of-way for which Federal funding is 
expected to be obligated in the subse-
quent fiscal year. 
(2) COORDINATION AND COMPLIANCE.— 
(A) MOBILE NOW ACT.—A State depart-
ment of transportation shall be considered to 
meet the requirements of subparagraphs (B) 
and (C) of paragraph (1) if such State depart-
ment of transportation has been determined to 
be in compliance with the requirements estab-
lished under section 607 of division P of the 
Consolidated Appropriations Act, 2018 (47 
U.S.C. 1504). 
(B) WEBSITE.—A State department of 
transportation shall be considered to meet the 
requirements of paragraph (1)(C) if the State 
publishes on a public website— 
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(i) the State transportation improve-
ment program on at least an annual basis; 
and 
(ii) 
covered 
highway 
construction 
projects within the highway right-of-way 
for which Federal funding is expected to be 
obligated in the subsequent fiscal year. 
(C) COORDINATION.—The State depart-
ment of transportation, in consultation with ap-
propriate State agencies, shall by rule or regu-
lation establish a process for a broadband pro-
vider to commit to installing broadband conduit 
or broadband infrastructure as part of any cov-
ered highway construction project. 
(D) APPROPRIATE
STATE
AGENCY.—In 
lieu of the State department of transportation, 
at the discretion of the State, an appropriate 
State agency, in consultation with the State de-
partment of transportation, may carry out the 
requirements of paragraph (1). 
(3) REQUIRED INSTALLATION OF BROADBAND 
CONDUIT.— 
(A) IN GENERAL.—The State department 
of transportation shall install broadband con-
duit, in accordance with this paragraph (except 
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466 
as described in subparagraph (F)), as part of 
any covered highway construction project, un-
less a broadband provider has committed to in-
stall broadband conduit or broadband infra-
structure as part of such project in a process 
described under paragraph (2)(C). 
(B) INSTALLATION
REQUIREMENTS.—In 
installing broadband conduit or broadband in-
frastructure as part of a covered highway con-
struction project, the State department of 
transportation shall ensure that— 
(i) installation pursuant to this para-
graph of broadband conduit, broadband in-
frastructure, and means or points of access 
to such conduit or infrastructure (such as 
poles, hand holes, manholes, pull tape, or 
ducts) shall provide for the current and fu-
ture safe operation of the traveled way, is 
consistent with part 645 of title 23, Code 
of Federal Regulations, and any accommo-
dation policies of the State under such 
part to reasonably enable deployment of 
such conduit, infrastructure, and means or 
points of access, and any Damage Preven-
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467 
tion and Underground Facilities Protection 
or related requirements of the State; 
(ii) 
an 
appropriate 
number 
of 
broadband conduits, as determined in con-
sultation with the appropriate State agen-
cies, are installed along the right-of-way of 
a covered highway construction project to 
accommodate 
multiple 
broadband 
pro-
viders, with consideration given to the 
availability of existing broadband conduits; 
(iii) the size of each broadband con-
duit is consistent with industry best prac-
tices, consistent with the requirements of 
part 645 of title 23, Code of Federal Regu-
lations, and sufficient to accommodate an-
ticipated demand, as determined in con-
sultation with the appropriate State agen-
cies; 
(iv) any hand holes and manholes nec-
essary for fiber access and pulling with re-
spect to such conduit are placed at inter-
vals consistent with standards determined 
in consultation with the appropriate State 
agencies (which may differ by type of road, 
topologies, and rurality) the requirements 
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of part 645 of title 23, Code of Federal 
Regulations, and other applicable safety re-
quirements; 
(v) each broadband conduit installed 
pursuant to this paragraph includes a pull 
tape and is capable of supporting fiber 
optic cable placement techniques consistent 
with best practices and the requirements of 
part 645 of title 23, Code of Federal Regu-
lations; 
(vi) broadband conduit is placed at a 
depth consistent with requirements of the 
covered highway construction project and 
best practices and that, in determining the 
depth of placement, consideration is given 
to the location of existing utilities and 
cable separation requirements of State and 
local electrical codes; and 
(vii) installation of broadband conduit 
shall not preclude the installation of other 
specific socially, environmentally, or eco-
nomically beneficial uses of the right-of- 
way, such as planned energy transmission 
or renewable energy generation projects. 
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469 
(C) PROGRAMMATIC REVIEW.—The State 
department of transportation may make deter-
minations on the implementation of the require-
ments described in subparagraph (B) on a pro-
grammatic basis. 
(D) ACCESS.— 
(i) IN GENERAL.—The State depart-
ment of transportation shall ensure that 
any requesting broadband provider has ac-
cess to each broadband conduit installed by 
the State pursuant to this paragraph, on a 
competitively 
neutral 
and 
nondiscrim-
inatory basis and in accordance with State 
permitting, licensing, leasing, or other 
similar laws and regulations. 
(ii) SOCIALLY BENEFICIAL USE.—The 
installation of broadband conduit as part 
of a covered highway construction project 
shall be considered a socially-beneficial use 
of the right-of-way under section 156(b) of 
title 23, United States Code. 
(iii) IN-KIND
COMPENSATION.—The 
State department of transportation may 
negotiate in-kind compensation with any 
broadband provider requesting access to 
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broadband conduit installed under the pro-
visions of this paragraph. 
(iv) SAFETY
CONSIDERATIONS.—The 
State department of transportation shall 
provide for a process for a broadband pro-
vider to safely access to the highway right- 
of-way during installation and on-going 
maintenance of the broadband conduit and 
broadband infrastructure, including a traf-
fic control safety plan. 
(v) COMMUNICATION.—A broadband 
provider with access to the conduit in-
stalled pursuant to this subsection shall 
notify, and receive permission from, the 
relevant agencies of State responsible for 
the installation of such broadband conduit 
prior to accessing any highway or highway 
right-of-way, in accordance with applicable 
Federal requirements. 
(E) TREATMENT OF PROJECTS.—Notwith-
standing any other provision of law, broadband 
conduit and broadband infrastructure installa-
tion projects installed by a State under this 
paragraph under this paragraph shall comply 
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471 
with section 113(a) of title 23, United States 
Code. 
(F) WAIVER AUTHORITY.— 
(i) IN GENERAL.—A State department 
of transportation may waive the required 
installation of broadband conduit for part 
or all of any covered highway construction 
project under this paragraph if, in the de-
termination of the State department of 
transportation— 
(I) broadband infrastructure, ter-
restrial broadband infrastructure, aer-
ial 
broadband 
fiber 
cables, 
or 
broadband conduit is present near a 
majority of the length of the covered 
highway construction project; 
(II) installation of terrestrial or 
aerial broadband fiber cables associ-
ated with the covered highway con-
struction project is more appropriate 
for the context or a more cost-effec-
tive means to facilitate broadband 
service to an area not adequately 
served by broadband and such instal-
lation is present or planned; 
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472 
(III) 
the 
installation 
of 
broadband conduit increases overall 
costs of a covered highway construc-
tion project by 1.5 percent or greater; 
(IV) 
the 
installation 
of 
broadband conduit associated with the 
covered highway construction project 
is not reasonably expected to be uti-
lized 
or 
connected 
to 
future 
broadband infrastructure in the 20 
years following the date on which such 
determination is made, as determined 
by the State department of transpor-
tation, in consultation with appro-
priate State agencies and potentially 
affected local governments and Indian 
tribes; 
(V) the requirements of this 
paragraph would require installation 
of conduit redundant with a dig once 
requirement of a local government or 
Indian tribe; 
(VI) there exists a circumstance 
involving force majeure; or 
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473 
(VII) the installation of conduit 
is not appropriate based on other rel-
evant factors established by the Sec-
retary in consultation with the NTIA 
Administrator through regulation. 
(ii) CONTENTS OF WAIVER.—A waiver 
authorized 
under 
this 
subparagraph 
shall— 
(I) identify the covered highway 
construction project; and 
(II) include a brief description of 
the determination of the State for 
issuing such waiver. 
(iii) AVAILABILITY OF WAIVER.—Noti-
fication of a waiver authorized under this 
subparagraph shall be made publicly avail-
able, such as on a public website of the 
State department of transportation de-
scribed in paragraph (2)(B). 
(iv) WAIVER DETERMINATION.— 
(I) IN GENERAL.—The State de-
partment of transportation shall be 
responsible for the waiver determina-
tion described under this paragraph, 
consistent with the regulation issued 
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474 
pursuant to this subsection, and may 
grant a programmatic waiver for cat-
egories of projects excluded under this 
subparagraph. 
(II) NO PRIVATE CAUSE OF AC-
TION.—The waiver determination de-
scribed under this paragraph shall be 
final and conclusive. Nothing in this 
section shall provide a private right or 
cause of action to challenge such de-
termination in any court of law. 
(4) PRIORITY.—If a State provides for the in-
stallation of broadband infrastructure or broadband 
conduit in the right-of-way of a covered highway 
construction project, the State department of trans-
portation, along with appropriate State agencies, 
shall carry out appropriate measures to ensure that 
an existing broadband provider is afforded access 
that is non-discriminatory, competitively neutral, 
and equal in opportunity, as compared to other 
broadband providers, with respect to the program 
under this subsection. 
(c) 
GUIDANCE
FOR
THE
INSTALLATION
OF 
BROADBAND CONDUIT.—The Secretary, in consultation 
with the NTIA Administrator, shall issue guidance for 
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475 
best practices related to the installation of broadband con-
duit as described in subsection (b)(2) and of conduit and 
similar infrastructure for intelligent transportation sys-
tems (as such term is defined in section 501 of title 23, 
United States Code) that may utilize broadband conduit 
installed pursuant to subsection (b)(2). 
(d) CONSULTATION.— 
(1) IN
GENERAL.—In issuing regulations re-
quired by this subsection or to implement any part 
of this section, the Secretary shall consult— 
(A) the NTIA Administrator; 
(B) the Federal Communications Commis-
sion; 
(C) State departments of transportation; 
(D) appropriate State agencies; 
(E) agencies of local governments respon-
sible for transportation and rights-of-way, utili-
ties, and telecommunications and broadband; 
(F) Indian tribes; 
(G) broadband providers; and 
(H) manufacturers of optical fiber, con-
duit, pull tape, and related items. 
(2) BROADBAND USERS.—The Secretary shall 
ensure that the entities consulted under subpara-
graphs (C) through (F) of paragraph (1) include en-
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476 
tities that have expertise with rural areas and popu-
lations with limited access to broadband infrastruc-
ture. 
(3) BROADBAND
PROVIDERS.—The Secretary 
shall ensure that the entities consulted under sub-
paragraph (G) of paragraph (1) include entities that 
provide broadband to rural areas and populations 
with limited access to broadband infrastructure. 
(e) OVERSIGHT.— 
(1) IN GENERAL.—The Secretary shall periodi-
cally review compliance with the regulations issued 
pursuant to this section and ensure that State waiv-
er determinations are consistent with such regula-
tions. 
(2) EFFICIENT REVIEW.—The review described 
under paragraph (1) may be carried out through the 
risk-based stewardship and oversight program de-
scribed under section 106(g) of title 23, United 
States Code. 
(3) EFFECT OF SUBSECTION.—Nothing in this 
subsection shall affect or discharge any oversight re-
sponsibility of the Secretary specifically provided for 
under title 23, United States Code, or any other 
Federal law. 
(f) ADDITIONAL PROVISIONS.— 
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477 
(1) APPLICABILITY.— 
(A) IN GENERAL.—The portion of the reg-
ulation issued pursuant to subsection (b) relat-
ing to the provisions under paragraph (3) of 
such subsection shall not take effect until a 
source of dedicated funding for the installation 
and long term maintenance of broadband con-
duit described in subsection (g)(2) is estab-
lished. 
(B) APPLICABILITY
DATE.—Paragraphs 
(2) through (4) of subsection (b) and subsection 
(d) shall apply only to covered highway con-
struction projects for which Federal obligations 
or expenditures are initially approved on or 
after the date on which regulations required 
under this subsection take effect. 
(2) RULES OF CONSTRUCTION.— 
(A) STATE
LAW.—Nothing in this sub-
section shall be construed to require a State to 
install or allow the installation of broadband 
conduit or broadband infrastructure— 
(i) that is otherwise inconsistent with 
what is allowable under State law; or 
(ii) where the State lacks the author-
ity for such installation, such as any prop-
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478 
erty right or easement necessary for such 
installation. 
(B) NO REQUIREMENT FOR INSTALLATION 
OF MOBILE SERVICES EQUIPMENT.—Nothing in 
this section shall be construed to require a 
State, a municipal government incorporated 
under State law, or an Indian Tribe to install 
or allow for the installation of equipment essen-
tial for the provision of commercial mobile serv-
ices (as defined in section 332(d) of the Com-
munications Act of 1934 (47 U.S.C. 332(d))) 
or commercial mobile data service (as defined in 
section 6001 of the Middle Class Tax Relief 
and Job Creation Act of 2012 (47 U.S.C. 
1401)), other than broadband conduit and asso-
ciated 
equipment 
described 
in 
paragraph 
(3)(B). 
(3) RELATION TO STATE DIG ONCE REQUIRE-
MENTS.—Nothing in subsections (b), (c), (d), or (e) 
or any regulations issued pursuant to subsection (b) 
shall be construed to alter or supersede any provi-
sion of a State law or regulation that provides for 
a dig once requirement that includes similar or more 
stringent requirements to the provisions of sub-
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479 
sections (b), (c), (d), or (e) and any regulations pro-
mulgated under subsection (b). 
(g) DIG ONCE FUNDING TASK FORCE.— 
(1) ESTABLISHMENT.—The Secretary and the 
NTIA Administrator shall jointly establish an inde-
pendent task force on funding the nationwide dig 
once requirement described in this section to be 
known as the ‘‘Dig Once Funding Task Force’’ 
(hereinafter referred to as the ‘‘Task Force’’). 
(2) DUTIES.—The duties of the Task Force 
shall be to— 
(A) estimate the annual cost for imple-
menting, administering, and maintaining a na-
tionwide dig once requirement; 
(B) propose and evaluate options for fund-
ing a nationwide dig once requirement described 
in this section that includes— 
(i) a discussion of the role and poten-
tial share of costs of— 
(I) the Federal Government; 
(II) State and local governments 
and Indian tribes; and 
(III) broadband providers install-
ing broadband conduit or broadband 
infrastructure under this section; 
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480 
(ii) consideration of the role of exist-
ing dig once requirements on States, local 
governments, and Indian tribes and the 
role of private broadband investment, with 
a goal to not discourage or disincentivize 
such dig once requirements or such invest-
ment; and 
(iii) evaluating the appropriate entity 
or entities responsible for maintaining the 
broadband infrastructure and conduit in-
stalled pursuant to a dig once requirement; 
and 
(C) propose a cost-based model fee sched-
ule for a State to charge a broadband provider 
to access and use conduit installed by such 
State pursuant to this section that— 
(i) shall consider costs (including ad-
ministrative costs) associated with installa-
tion and long-term maintenance of the 
broadband conduit installed pursuant to 
this section; 
(ii) may vary by topography, location, 
type of road, rurality, and other factors; 
and 
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481 
(iii) may consider financial and mar-
ket incentives for expanding broadband in-
frastructure. 
(3) REPORTS.— 
(A) INTERIM
REPORT
AND
BRIEFING.— 
Not later than 9 months after the appointment 
of Members to the Task Force under paragraph 
(4)(D), the Task Force shall— 
(i) submit to Congress an interim re-
port on the findings of the Task Force; 
and 
(ii) provide briefings for Congress on 
the findings of the Task Force. 
(B) FINAL
REPORT.—Not later than 3 
months after the submission of the interim re-
port under subparagraph (A), the Task Force 
shall submit to Congress a final report on the 
findings of the Task Force. 
(4) MEMBERS.— 
(A) APPOINTMENTS.—The Task Force 
shall consist of 14 members, comprising— 
(i) 2 co-chairs described in subpara-
graph (B); 
(ii) 6 members jointly appointed by 
the Speaker and minority leader of the 
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482 
House of Representatives, in consultation 
with the respective Chairs and Ranking 
Members of— 
(I) the Committee on Transpor-
tation and Infrastructure of the 
House of Representatives; 
(II) the Committee on Energy 
and Commerce of the House of Rep-
resentatives; and 
(III) the Committee on Appro-
priations of the House of Representa-
tives; and 
(iii) 6 members jointly appointed by 
the majority leader and minority leader of 
the Senate, in consultation with the respec-
tive Chairs and Ranking Members of the— 
(I) the Committee on Environ-
ment and Public Works of the Senate; 
(II) the Committee on Com-
merce, Science, and Transportation of 
the Senate; and 
(III) the Committee on Appro-
priations of the Senate. 
(B) CO-CHAIRS.—The Task Force shall be 
co-chaired by the Secretary and the NTIA Ad-
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483 
ministrator, or the designees of the Secretary 
and NTIA Administrator. 
(C) COMPOSITION.—The Task Force shall 
include at least— 
(i) 1 representative from a State de-
partment of transportation; 
(ii) 1 representative from a local gov-
ernment; 
(iii) 1 representative from an Indian 
tribe; 
(iv) 
representative 
from 
a 
broadband provider; 
(v) 1 representative from a State or 
local broadband provider; 
(vi) 1 representative from a labor 
union; and 
(vii) 1 representative from a public in-
terest organization. 
(D) APPOINTMENT
DEADLINE.—Members 
shall be appointed to the Task Force not later 
than 60 days after the date of enactment of 
this Act. 
(E) TERMS.—Members shall be appointed 
for the life of the Task Force. A vacancy in the 
Task Force shall not affect the powers of the 
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580 
(A) in subparagraph (D) by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (E) by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(F) transportation development credits.’’. 
(2) SECTION 5309.—Section 5309 of title 49, 
United States Code, is amended— 
(A) in subsection (f) by adding at the end 
the following: 
‘‘(3) TRANSPORTATION
DEVELOPMENT
CRED-
ITS.—For purposes of assessments and determina-
tions under this subsection or subsection (h), trans-
portation development credits that are included as a 
source of local financing or match shall be treated 
the same as other sources of local financing.’’; and 
(B) in subsection (l)(4)— 
(i) in subparagraph (B) by striking ‘‘; 
or’’ and inserting a semicolon; 
(ii) in subparagraph (C) by striking 
the period and inserting a semicolon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(D) transportation development credits; 
or’’. 
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