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‘‘(A) the total route miles serviced by each 
ferry system; bears to 
‘‘(B) the total route miles serviced by all 
ferry systems. 
‘‘(e) FERRY BOAT COORDINATION TEAM.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish within the Federal Highway Administration a 
Ferry Boat Coordination Team to carry out para-
graph (2). 
‘‘(2) PURPOSES.—The purposes of the ferry boat 
coordination team shall be— 
‘‘(A) to coordinate Federal programs affect-
ing ferry and ferry facility construction, mainte-
nance, operations, and security; and 
‘‘(B) to promote transportation by ferry as 
a component of the United States transportation 
system. 
‘‘(3) FUNCTIONS.—The ferry boat coordination 
team shall— 
‘‘(A) coordinate programs relating to ferry 
transportation carried out by— 
‘‘(i) the Department of Transportation, 
including programs carried out by the Fed-
eral Highway Administration, the Federal 
Transit Administration, the Maritime Ad-
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ministration, and the Research and Innova-
tive Technology Administration; 
‘‘(ii) the Department of Homeland Se-
curity; and 
‘‘(iii) other Federal and State agencies, 
as appropriate; 
‘‘(B) ensure resource accountability for pro-
grams carried out by the Secretary relating to 
ferry transportation; 
‘‘(C) provide strategic leadership for re-
search, development, testing, and deployment of 
technologies relating to ferry transportation; and 
‘‘(D) promote ferry transportation as a 
means to reduce costs associated with traffic con-
gestion. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$67,000,000 for each of fiscal years 2012 and 2013.’’. 
(b) NATIONAL FERRY DATABASE.—Section 1801(e) of 
the SAFETEA–LU (23 U.S.C. 129 note; Public Law 109– 
59) is amended— 
(1) in paragraph (2), by inserting ‘‘, including 
any Federal, State, and local government funding 
sources,’’ after ‘‘sources’’; and 
(2) in paragraph (4)—
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(A) in subparagraph (B), by striking ‘‘and’’ 
at the end; 
(B) by redesignating subparagraph (C) as 
subparagraph (D); 
(C) by inserting after subparagraph (B), 
the following: 
‘‘(C) ensure that the database is consistent 
with the national transit database maintained 
by the Federal Transit Administration; and’’; 
and 
(D) in subparagraph (D) (as redesignated 
by subparagraph (B)), by striking ‘‘2009’’ and 
inserting ‘‘2013’’. 
Subtitle B—Performance 
Management 
SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING. 
Section 134 of title 23, United States Code, is amended 
to read as follows: 
‘‘§ 134. Metropolitan transportation planning 
‘‘(a) POLICY.—It is in the national interest— 
‘‘(1) to encourage and promote the safe, cost-ef-
fective, and efficient management, operation, and de-
velopment of surface transportation systems that will 
serve efficiently the mobility needs of individuals and 
freight, reduce transportation-related fatalities and
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serious injuries, and foster economic growth and de-
velopment within and between States and urbanized 
areas, while fitting the needs and complexity of indi-
vidual communities, maximizing value for taxpayers, 
leveraging cooperative investments, and minimizing 
transportation-related fuel consumption and air pol-
lution through the metropolitan and statewide trans-
portation planning processes identified in this title; 
‘‘(2) to encourage the continued improvement, 
evolution, and coordination of the metropolitan and 
statewide transportation planning processes by and 
among metropolitan planning organizations, State 
departments of transportation, regional planning or-
ganizations, interstate partnerships, and public 
transportation and intercity service operators as 
guided by the planning factors identified in sub-
section (h) of this section and section 135(d); 
‘‘(3) to encourage and promote transportation 
needs and decisions that are integrated with other 
planning needs and priorities; and 
‘‘(4) to maximize the effectiveness of transpor-
tation investments. 
‘‘(b) DEFINITIONS.—In this section and section 135, 
the following definitions shall apply:
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‘‘(1) EXISTING MPO.—The term ‘existing MPO’ 
means a metropolitan planning organization that 
was designated as a metropolitan planning organiza-
tion on the day before the date of enactment of the 
MAP–21. 
‘‘(2) LOCAL OFFICIAL.—The term ‘local official’ 
means any elected or appointed official of general 
purpose local government with responsibility for 
transportation in a designated area. 
‘‘(3) MAINTENANCE
AREA.—The term ‘mainte-
nance area’ means an area that was designated as an 
air quality nonattainment area, but was later redes-
ignated by the Administrator of the Environmental 
Protection Agency as an air quality attainment area, 
under section 107(d) of the Clean Air Act (42 U.S.C. 
7407(d)). 
‘‘(4) METROPOLITAN PLANNING AREA.—The term 
‘metropolitan planning area’ means a geographical 
area determined by agreement between the metropoli-
tan planning organization for the area and the appli-
cable Governor under subsection (c). 
‘‘(5) 
METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘metropolitan planning organiza-
tion’ means the policy board of an organization estab-
lished pursuant to subsection (c).
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‘‘(6) METROPOLITAN TRANSPORTATION PLAN.— 
The term ‘metropolitan transportation plan’ means a 
plan developed by a metropolitan planning organiza-
tion under subsection (i). 
‘‘(7) NONATTAINMENT
AREA.—The term ‘non-
attainment area’ has the meaning given the term in 
section 171 of the Clean Air Act (42 U.S.C. 7501). 
‘‘(8) NONMETROPOLITAN AREA.— 
‘‘(A) IN
GENERAL.—The term ‘nonmetro-
politan area’ means a geographical area outside 
the boundaries of a designated metropolitan 
planning area. 
‘‘(B) INCLUSIONS.—The term ‘nonmetro-
politan area’ includes— 
‘‘(i) a small urbanized area with a 
population of more than 50,000, but fewer 
than 200,000, individuals, as calculated ac-
cording to the most recent decennial census; 
and 
‘‘(ii) a nonurbanized area. 
‘‘(9) NONMETROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘nonmetropolitan planning organi-
zation’ means an organization that—
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‘‘(A) was designated as a metropolitan 
planning organization as of the day before the 
date of enactment of the MAP–21; and 
‘‘(B) is not designated as a tier I MPO or 
tier II MPO. 
‘‘(10) REGIONALLY SIGNIFICANT.—The term ‘re-
gionally significant’, with respect to a transportation 
project, program, service, or strategy, means a project, 
program, service, or strategy that— 
‘‘(A) serves regional transportation needs 
(such as access to and from the area outside of 
the region, major activity centers in the region, 
and major planned developments); and 
‘‘(B) would normally be included in the 
modeling of a transportation network of a metro-
politan area. 
‘‘(11) RURAL
PLANNING
ORGANIZATION.—The 
term ‘rural planning organization’ means an organi-
zation that— 
‘‘(A) is responsible for the planning, coordi-
nation, and implementation of statewide trans-
portation plans and programs outside of a met-
ropolitan area, with an emphasis on addressing 
the needs of rural areas of the State; and
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‘‘(B) is not designated as a tier I or tier II 
metropolitan planning organization or a non-
metropolitan planning organization. 
‘‘(12) STATEWIDE
TRANSPORTATION
IMPROVE-
MENT PROGRAM.—The term ‘statewide transportation 
improvement program’ means a statewide transpor-
tation improvement program developed by a State 
under section 135(g). 
‘‘(13) STATEWIDE TRANSPORTATION PLAN.—The 
term ‘statewide transportation plan’ means a plan 
developed by a State under section 135(f). 
‘‘(14) TIER
I
MPO.—The term ‘tier I MPO’ 
means a metropolitan planning organization des-
ignated as a tier I MPO under subsection (e)(4)(A). 
‘‘(15) TIER II MPO.—The term ‘tier II MPO’ 
means a metropolitan planning organization des-
ignated as a tier I MPO under subsection (e)(4)(B). 
‘‘(16) TRANSPORTATION
IMPROVEMENT
PRO-
GRAM.—The term ‘transportation improvement pro-
gram’ means a program developed by a metropolitan 
planning organization under subsection (j). 
‘‘(17) URBANIZED AREA.—The term ‘urbanized 
area’ means a geographical area with a population of 
50,000 or more individuals, as calculated according 
to the most recent decennial census.
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† HR 4348 EAS 
gate, represent at least 75 percent of the affected 
population (including the largest incorporated 
city (based on population), as calculated accord-
ing to the most recent decennial census); and 
‘‘(B) with the consent of the Secretary, 
based on a finding that the resulting metropoli-
tan planning organization has met the min-
imum requirements under subsection (e)(4)(B). 
‘‘(3) STRUCTURE.—Not later than 1 year after 
the date of enactment of the MAP–21, a metropolitan 
planning organization shall consist of— 
‘‘(A) elected local officials in the relevant 
metropolitan area; 
‘‘(B) officials of public agencies that admin-
ister or operate major modes of transportation in 
the relevant metropolitan area, including pro-
viders of public transportation; and 
‘‘(C) appropriate State officials. 
‘‘(4) EFFECT OF SUBSECTION.—Nothing in this 
subsection interferes with any authority under any 
State law in effect on December 18, 1991, of a public 
agency with multimodal transportation responsibil-
ities— 
‘‘(A) to develop the metropolitan transpor-
tation plans and transportation improvement
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† HR 4348 EAS 
programs for adoption by a metropolitan plan-
ning organization; or 
‘‘(B) to develop capital plans, coordinate 
public transportation services and projects, or 
carry out other activities pursuant to State law. 
‘‘(5) CONTINUING DESIGNATION.— 
‘‘(A) POPULATION OF 200,000 OR MORE.—A 
designation of an existing MPO for an urbanized 
area with a population of 200,000 or more indi-
viduals, as calculated according to the most re-
cent decennial census, shall remain in effect— 
‘‘(i) for the period during which the 
structure of the existing MPO complies with 
the requirements of paragraph (1); or 
‘‘(ii) until the date on which the exist-
ing MPO is redesignated under paragraph 
(6); and 
‘‘(B) 
POPULATION
OF
FEWER
THAN 
200,000.— 
‘‘(i) IN GENERAL.—A designation of an 
existing MPO for an urbanized area with a 
population of fewer than 200,000 individ-
uals, as calculated according to the most re-
cent decennial census, shall remain in effect
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† HR 4348 EAS 
until the date on which the existing MPO is 
redesignated under paragraph (6) unless— 
‘‘(I) the existing MPO requests 
that its planning responsibilities be 
transferred to the State or to another 
planning organization designated by 
the State; or 
‘‘(II) the Secretary determines 3 
years after the date on which the Sec-
retary issues a rule pursuant to sub-
section (e)(4)(B)(i), that the existing 
MPO is not meeting the minimum re-
quirements established by the rule. 
‘‘(ii) JUSTIFICATION.—The Secretary 
shall, in a timely manner, provide a sub-
stantive written justification to each metro-
politan planning organization that is the 
subject of a negative determination of the 
Secretary under clause (i)(II). 
‘‘(C) EXTENSION.—If a metropolitan plan-
ning organization for an urbanized area with a 
population of less than 200,000 that would other-
wise be terminated under subparagraph (B), re-
quests a probationary continuation before the
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† HR 4348 EAS 
termination of the metropolitan planning orga-
nization, the Secretary shall— 
‘‘(i) delay the termination of the met-
ropolitan planning organization under sub-
paragraph (B) for a period of 1 year; 
‘‘(ii) provide additional technical as-
sistance to all metropolitan planning orga-
nizations provided an extension under this 
paragraph to assist the metropolitan plan-
ning organization in meeting the minimum 
requirements under subsection (e)(4)(B)(i); 
and 
‘‘(iii) make a determination not later 
than 1 year after the date on which the Sec-
retary issues an extension, regardless of 
whether the metropolitan planning organi-
zation has met the minimum requirements 
established under subsection (e)(4)(B)(ii). 
‘‘(D) DESIGNATION AS TIER II MPO.—If the 
Secretary determines that the existing MPO has 
met the minimum requirements under the rule 
issued under subsection (e)(4)(B)(i), the Sec-
retary shall designate the existing MPO as a tier 
II MPO. 
‘‘(6) REDESIGNATION.—
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‘‘(A) IN GENERAL.—The designation of a 
metropolitan planning organization under this 
subsection shall remain in effect until the date 
on which the metropolitan planning organiza-
tion is redesignated, as appropriate, in accord-
ance with the requirements of this subsection 
pursuant to an agreement between— 
‘‘(i) the applicable Governor; and 
‘‘(ii) affected local officials who, in the 
aggregate, represent at least 75 percent of 
the existing metropolitan planning area 
population (including the largest incor-
porated city (based on population), as cal-
culated according to the most recent decen-
nial census). 
‘‘(B) 
RESTRUCTURING.—A 
metropolitan 
planning organization may be restructured to 
meet the requirements of paragraph (3) without 
undertaking a redesignation. 
‘‘(7) ABSENCE OF DESIGNATION.— 
‘‘(A) IN GENERAL.—A metropolitan plan-
ning organization that is the subject of a nega-
tive determination of the Secretary under para-
graph (5)(B)(ii) shall submit to the State in 
which the metropolitan planning organization is
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† HR 4348 EAS 
located, or to a planning organization designated 
by the State, by not later than 180 days after the 
date on which a notice of the negative deter-
mination is received, a 6-month plan that in-
cludes a description of a method— 
‘‘(i) to transfer the responsibilities of 
the metropolitan planning organization to 
the State; and 
‘‘(ii) to dissolve the metropolitan plan-
ning organization. 
‘‘(B) ACTION
ON
DISSOLUTION.—On sub-
mission of a plan under subparagraph (A), the 
metropolitan planning area served by the appli-
cable 
metropolitan 
planning 
organization 
shall— 
‘‘(i) continue to receive metropolitan 
transportation planning funds until the 
earlier of— 
‘‘(I) the date of dissolution of the 
metropolitan planning organization; 
and 
‘‘(II) the date that is 4 years after 
the date of enactment of the MAP–21; 
and
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‘‘(ii) be treated by the State as a non-
metropolitan area for purposes of this title. 
‘‘(8) DESIGNATION OF MULTIPLE MPOS.— 
‘‘(A) IN GENERAL.—More than 1 metropoli-
tan planning organization may be designated 
within an existing metropolitan planning area 
only if the applicable Governor and an existing 
MPO determine that the size and complexity of 
the existing metropolitan planning area make 
the designation of more than 1 metropolitan 
planning organization for the metropolitan plan-
ning area appropriate. 
‘‘(B) SERVICE
JURISDICTIONS.—If more 
than 1 metropolitan planning organization is 
designated for an existing metropolitan planning 
area under subparagraph (A), the existing met-
ropolitan planning area shall be split into mul-
tiple metropolitan planning areas, each of which 
shall be served by the existing MPO or a new 
metropolitan planning organization. 
‘‘(C) TIER DESIGNATION.—The tier designa-
tion of each metropolitan planning organization 
subject to a designation under this paragraph 
shall be determined based on the size of each re-
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† HR 4348 EAS 
spective metropolitan planning area, in accord-
ance with subsection (e)(4). 
‘‘(d) METROPOLITAN PLANNING AREA BOUNDARIES.— 
‘‘(1) IN GENERAL.—For purposes of this section, 
the boundaries of a metropolitan planning area shall 
be determined by agreement between the applicable 
metropolitan planning organization and the Governor 
of the State in which the metropolitan planning area 
is located. 
‘‘(2) INCLUDED AREA.—Each metropolitan plan-
ning area— 
‘‘(A) shall encompass at least the relevant 
existing urbanized area and any contiguous area 
expected to become urbanized within a 20-year 
forecast period under the applicable metropolitan 
transportation plan; and 
‘‘(B) may encompass the entire relevant 
metropolitan statistical area, as defined by the 
Office of Management and Budget. 
‘‘(3) 
IDENTIFICATION
OF
NEW
URBANIZED 
AREAS.—The designation by the Bureau of the Census 
of a new urbanized area within the boundaries of an 
existing metropolitan planning area shall not require 
the redesignation of the relevant existing MPO.
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† HR 4348 EAS 
‘‘(4) 
NONATTAINMENT
AND
MAINTENANCE 
AREAS.— 
‘‘(A) EXISTING
METROPOLITAN
PLANNING 
AREAS.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), notwithstanding paragraph 
(2), in the case of an urbanized area des-
ignated as a nonattainment area or mainte-
nance area as of the date of enactment of 
the MAP–21, the boundaries of the existing 
metropolitan planning area as of that date 
of enactment shall remain in force and ef-
fect. 
‘‘(ii) 
EXCEPTION.—Notwithstanding 
clause (i), the boundaries of an existing 
metropolitan planning area described in 
that clause may be adjusted by agreement of 
the applicable Governor and the affected 
metropolitan planning organizations in ac-
cordance with paragraph (1). 
‘‘(B) 
NEW
METROPOLITAN
PLANNING 
AREAS.—In the case of an urbanized area des-
ignated as a nonattainment area or maintenance 
area after the date of enactment of the MAP–21,
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† HR 4348 EAS 
the boundaries of the applicable metropolitan 
planning area— 
‘‘(i) shall be established in accordance 
with subsection (c)(1); 
‘‘(ii) shall encompass the areas de-
scribed in paragraph (2)(A); 
‘‘(iii) may encompass the areas de-
scribed in paragraph (2)(B); and 
‘‘(iv) may address any appropriate 
nonattainment area or maintenance area. 
‘‘(e) REQUIREMENTS.— 
‘‘(1) DEVELOPMENT
OF
PLANS
AND
TIPS.—To 
accomplish the policy objectives described in sub-
section (a), each metropolitan planning organization, 
in cooperation with the applicable State and public 
transportation operators, shall develop metropolitan 
transportation plans and transportation improvement 
programs for metropolitan planning areas of the 
State through a performance-driven, outcome-based 
approach to metropolitan transportation planning 
consistent with subsection (h). 
‘‘(2) CONTENTS.—The metropolitan transpor-
tation plans and transportation improvement pro-
grams for each metropolitan area shall provide for the 
development and integrated management and oper-
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† HR 4348 EAS 
ation of transportation systems and facilities (includ-
ing accessible pedestrian walkways, bicycle transpor-
tation facilities, and intermodal facilities that sup-
port intercity transportation) that will function as— 
‘‘(A) an intermodal transportation system 
for the metropolitan planning area; and 
‘‘(B) an integral part of an intermodal 
transportation system for the applicable State 
and the United States. 
‘‘(3) PROCESS OF DEVELOPMENT.—The process 
for developing metropolitan transportation plans and 
transportation improvement programs shall— 
‘‘(A) provide for consideration of all modes 
of transportation; and 
‘‘(B) be continuing, cooperative, and com-
prehensive to the degree appropriate, based on 
the complexity of the transportation needs to be 
addressed. 
‘‘(4) TIERING.— 
‘‘(A) TIER I MPOS.— 
‘‘(i) IN
GENERAL.—A metropolitan 
planning organization shall be designated 
as a tier I MPO if— 
‘‘(I) as certified by the Governor 
of each applicable State, the metropoli-
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† HR 4348 EAS 
tan planning organization operates 
within, and primarily serves, a metro-
politan planning area with a popu-
lation of 1,000,000 or more individ-
uals, as calculated according to the 
most recent decennial census; and 
‘‘(II) the Secretary determines the 
metropolitan planning organization— 
‘‘(aa) meets the minimum 
technical 
requirements 
under 
clause (iv); and 
‘‘(bb) not later than 2 years 
after the date of enactment of the 
MAP–21, will fully implement the 
processes described in subsections 
(h) though (j). 
‘‘(ii) ABSENCE OF DESIGNATION.—In 
the absence of designation as a tier I MPO 
under clause (i), a metropolitan planning 
organization shall operate as a tier II MPO 
until the date on which the Secretary deter-
mines the metropolitan planning organiza-
tion can meet the minimum technical re-
quirements under clause (iv).
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† HR 4348 EAS 
‘‘(iii) REDESIGNATION AS TIER I.—A 
metropolitan planning organization oper-
ating within a metropolitan planning area 
with a population of 200,000 or more and 
fewer than 1,000,000 individuals and pri-
marily within urbanized areas with popu-
lations of 200,000 or more individuals, as 
calculated according to the most recent de-
cennial census, that is designated as a tier 
II MPO under subparagraph (B) may re-
quest, with the support of the applicable 
Governor, a redesignation as a tier I MPO 
on a determination by the Secretary that 
the metropolitan planning organization has 
met the minimum technical requirements 
under clause (iv). 
‘‘(iv) MINIMUM TECHNICAL REQUIRE-
MENTS.—Not later than 1 year after the 
date of enactment of the MAP–21, the Sec-
retary shall issue a rule that establishes the 
minimum technical requirements necessary 
for a metropolitan planning organization to 
be designated as a tier I MPO, including, at 
a minimum, modeling, data, staffing, and 
other technical requirements.
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† HR 4348 EAS 
‘‘(B) TIER II MPOS.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of the 
MAP–21, the Secretary shall issue a rule 
that establishes minimum requirements nec-
essary for a metropolitan planning organi-
zation to be designated as a tier II MPO. 
‘‘(ii) REQUIREMENTS.—The minimum 
requirements established under clause (i) 
shall— 
‘‘(I) be limited to ensuring that 
each metropolitan planning organiza-
tion has the capabilities necessary to 
develop the metropolitan transpor-
tation plan and transportation im-
provement program under this section; 
and 
‘‘(II) include— 
‘‘(aa) only the staffing capa-
bilities necessary to operate the 
metropolitan planning organiza-
tion; and 
‘‘(bb) a requirement that the 
metropolitan planning organiza-
tion has the technical capacity to
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† HR 4348 EAS 
conduct the travel demand model 
and forecasting necessary, as ap-
propriate based on the size and 
resources 
of 
the 
metropolitan 
planning organization, to fulfill 
the requirements of this section, 
except that in cases in which a 
metropolitan planning organiza-
tion has a formal agreement with 
a State to conduct the modeling 
on behalf of the metropolitan 
planning organization, the metro-
politan 
planning 
organization 
shall be exempt from the technical 
capacity requirement. 
‘‘(iii) LIMITATION.—The rule issued 
pursuant to this subparagraph shall only 
include the minimum requirements estab-
lished under clause (ii). 
‘‘(iv) 
INCLUSION.—A 
metropolitan 
planning organization operating primarily 
within an urbanized area with a popu-
lation of 200,000 or more individuals, as 
calculated according to the most recent de-
cennial census, and that does not qualify as
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† HR 4348 EAS 
a tier I MPO under subparagraph (A)(i), 
shall— 
‘‘(I) be designated as a tier II 
MPO; and 
‘‘(II) follow the processes under 
subsection (k). 
‘‘(C) CONSOLIDATION.— 
‘‘(i) IN GENERAL.—Metropolitan plan-
ning organizations operating within contig-
uous, adjacent, or geographically linked ur-
banized areas may elect to consolidate in 
order to meet the population thresholds re-
quired to achieve designation as a tier I or 
tier II MPO under this paragraph. 
‘‘(ii) EFFECT OF SUBSECTION.—Noth-
ing in this subsection requires or prevents 
consolidation among multiple metropolitan 
planning organizations located within a 
single urbanized area. 
‘‘(f) COORDINATION IN MULTISTATE AREAS.— 
‘‘(1) IN GENERAL.—The Secretary shall encour-
age each Governor with responsibility for a portion of 
a multistate metropolitan area and the appropriate 
metropolitan planning organizations to provide co-
295 
† HR 4348 EAS 
ordinated transportation planning for the entire met-
ropolitan area. 
‘‘(2) COORDINATION ALONG DESIGNATED TRANS-
PORTATION CORRIDORS.—The Secretary shall encour-
age each Governor with responsibility for a portion of 
a multistate metropolitan area and the appropriate 
metropolitan planning organizations to provide co-
ordinated transportation planning for the entire des-
ignated transportation corridor. 
‘‘(3) COORDINATION
WITH
INTERSTATE
COM-
PACTS.—The Secretary shall encourage metropolitan 
planning organizations to take into consideration, 
during the development of metropolitan transpor-
tation plans and transportation improvement pro-
grams, any relevant transportation studies concerning 
planning for regional transportation (including high- 
speed and intercity rail corridor studies, commuter 
rail corridor studies, intermodal terminals, and inter-
state highways) in support of freight, intercity, or 
multistate area projects and services that have been 
developed pursuant to interstate compacts or agree-
ments, or by organizations established under section 
135. 
‘‘(g) ENGAGEMENT
IN METROPOLITAN TRANSPOR-
TATION PLAN AND TIP DEVELOPMENT.—
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† HR 4348 EAS 
‘‘(1) 
NONATTAINMENT
AND
MAINTENANCE 
AREAS.—If more than 1 metropolitan planning orga-
nization has authority within a metropolitan area, 
nonattainment area, or maintenance area, each met-
ropolitan planning organization shall consult with all 
other metropolitan planning organizations designated 
for the metropolitan area, nonattainment area, or 
maintenance area and the State in the development 
of metropolitan transportation plans and transpor-
tation improvement programs under this section. 
‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED 
IN MULTIPLE METROPOLITAN PLANNING AREAS.—If a 
transportation improvement project funded under this 
title or chapter 53 of title 49 is located within the 
boundaries of more than 1 metropolitan planning 
area, the affected metropolitan planning organiza-
tions shall coordinate metropolitan transportation 
plans and transportation improvement programs re-
garding the project. 
‘‘(3) COORDINATION OF ADJACENT PLANNING OR-
GANIZATIONS.— 
‘‘(A) IN GENERAL.—A metropolitan plan-
ning organization that is adjacent or located in 
reasonably close proximity to another metropoli-
tan planning organization shall coordinate with
297 
† HR 4348 EAS 
that metropolitan planning organization with 
respect to planning processes, including prepara-
tion of metropolitan transportation plans and 
transportation improvement programs, to the 
maximum extent practicable. 
‘‘(B) NONMETROPOLITAN PLANNING ORGANI-
ZATIONS.—A metropolitan planning organiza-
tion that is adjacent or located in reasonably 
close proximity to a nonmetropolitan planning 
organization shall consult with that nonmetro-
politan planning organization with respect to 
planning processes, to the maximum extent prac-
ticable. 
‘‘(4) RELATIONSHIP WITH OTHER PLANNING OF-
FICIALS.— 
‘‘(A) IN GENERAL.—The Secretary shall en-
courage each metropolitan planning organiza-
tion to cooperate with Federal, tribal, State, and 
local officers and entities responsible for other 
types of planning activities that are affected by 
transportation in the relevant area (including 
planned growth, economic development, infra-
structure services, housing, other public services, 
nonmotorized users, environmental protection, 
airport operations, high-speed and intercity pas-
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† HR 4348 EAS 
senger rail, freight rail, port access, and freight 
movements), to the maximum extent practicable, 
to ensure that the metropolitan transportation 
planning process, metropolitan transportation 
plans, and transportation improvement pro-
grams are developed in cooperation with other 
related planning activities in the area. 
‘‘(B) INCLUSION.—Cooperation under sub-
paragraph (A) shall include the design and de-
livery of transportation services within the met-
ropolitan area that are provided by— 
‘‘(i) recipients of assistance under sec-
tions 202, 203, and 204; 
‘‘(ii) recipients of assistance under 
chapter 53 of title 49; 
‘‘(iii) government agencies and non-
profit organizations (including representa-
tives of the agencies and organizations) that 
receive Federal assistance from a source 
other than the Department of Transpor-
tation to provide nonemergency transpor-
tation services; and 
‘‘(iv) sponsors of regionally significant 
programs, projects, and services that are re-
299 
† HR 4348 EAS 
lated to transportation and receive assist-
ance from any public or private source. 
‘‘(5) COORDINATION OF OTHER FEDERALLY RE-
QUIRED PLANNING PROGRAMS.—The Secretary shall 
encourage each metropolitan planning organization to 
coordinate, to the maximum extent practicable, the 
development of metropolitan transportation plans and 
transportation improvement programs with other rel-
evant federally required planning programs. 
‘‘(h) SCOPE OF PLANNING PROCESS.— 
‘‘(1) IN GENERAL.—The metropolitan transpor-
tation planning process for a metropolitan planning 
area under this section shall provide for consideration 
of projects and strategies that will— 
‘‘(A) support the economic vitality of the 
metropolitan area, especially by enabling global 
competitiveness, travel and tourism (where ap-
plicable), productivity, and efficiency; 
‘‘(B) increase the safety of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(C) increase the security of the transpor-
tation system for motorized and nonmotorized 
users;
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‘‘(D) increase the accessibility and mobility 
of individuals and freight; 
‘‘(E) protect and enhance the environment, 
promote energy conservation, improve the qual-
ity of life, and promote consistency between 
transportation improvements and State and 
local planned growth and economic development 
patterns; 
‘‘(F) 
enhance 
the 
integration 
and 
connectivity of the transportation system, across 
and between modes, for individuals and freight; 
‘‘(G) increase efficient system management 
and operation; and 
‘‘(H) emphasize the preservation of the ex-
isting transportation system. 
‘‘(2) PERFORMANCE-BASED APPROACH.— 
‘‘(A) 
IN
GENERAL.—The 
metropolitan 
transportation planning process shall provide for 
the establishment and use of a performance-based 
approach to transportation decisionmaking to 
support the national goals described in section 
150(b) of this title and in section 5301(c) of title 
49. 
‘‘(B) PERFORMANCE TARGETS.—
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‘‘(i) SURFACE TRANSPORTATION PER-
FORMANCE TARGETS.— 
‘‘(I) IN
GENERAL.—Each metro-
politan planning organization shall es-
tablish performance targets that ad-
dress the performance measures de-
scribed in sections 119(f), 148(h), 
149(k), where applicable, and 167(i) to 
use in tracking attainment of critical 
outcomes for the region of the metro-
politan planning organization. 
‘‘(II) 
COORDINATION.—Selection 
of performance targets by a metropoli-
tan planning organization shall be co-
ordinated with the relevant State to 
ensure consistency, to the maximum 
extent practicable. 
‘‘(ii) PUBLIC
TRANSPORTATION
PER-
FORMANCE
TARGETS.—Each metropolitan 
planning organization shall adopt the per-
formance targets identified by providers of 
public transportation pursuant to sections 
5326(c) and 5329(d) of title 49, for use in 
tracking attainment of critical outcomes for
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the region of the metropolitan planning or-
ganization. 
‘‘(C) TIMING.—Each metropolitan planning 
organization shall establish the performance tar-
gets under subparagraph (B) not later than 90 
days after the date on which the relevant State 
or provider of public transportation establishes 
the performance targets. 
‘‘(D) INTEGRATION
OF
OTHER
PERFORM-
ANCE-BASED PLANS.—A metropolitan planning 
organization shall integrate in the metropolitan 
transportation planning process, directly or by 
reference, the goals, objectives, performance meas-
ures, and targets described in other State plans 
and processes, as well as asset management and 
safety plans developed by providers of public 
transportation, required as part of a perform-
ance-based program, including plans such as— 
‘‘(i) the State National Highway Sys-
tem asset management plan; 
‘‘(ii) asset management plans devel-
oped by providers of public transportation; 
‘‘(iii) the State strategic highway safe-
ty plan;
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‘‘(iv) safety plans developed by pro-
viders of public transportation; 
‘‘(v) the congestion mitigation and air 
quality performance plan, where applicable; 
‘‘(vi) the national freight strategic 
plan; and 
‘‘(vii) the statewide transportation 
plan. 
‘‘(E) USE
OF
PERFORMANCE
MEASURES 
AND TARGETS.—The performance measures and 
targets established under this paragraph shall be 
used, at a minimum, by the relevant metropoli-
tan planning organization as the basis for devel-
opment of policies, programs, and investment 
priorities reflected in the metropolitan transpor-
tation plan and transportation improvement 
program. 
‘‘(3) FAILURE TO CONSIDER FACTORS.—The fail-
ure to take into consideration 1 or more of the factors 
specified in paragraphs (1) and (2) shall not be sub-
ject to review by any court under this title, chapter 
53 of title 49, subchapter II of chapter 5 of title 5, 
or chapter 7 of title 5 in any matter affecting a met-
ropolitan transportation plan, a transportation im-
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provement program, a project or strategy, or the cer-
tification of a planning process. 
‘‘(4) PARTICIPATION BY INTERESTED PARTIES.— 
‘‘(A) IN
GENERAL.—Each metropolitan 
planning organization shall provide to affected 
individuals, public agencies, and other interested 
parties (including State representatives of non-
motorized users) notice and a reasonable oppor-
tunity to comment on the metropolitan transpor-
tation plan and transportation improvement 
program and any relevant scenarios. 
‘‘(B) CONTENTS OF PARTICIPATION PLAN.— 
Each metropolitan planning organization shall 
establish a participation plan that— 
‘‘(i) is developed in consultation with 
interested parties and local officials; and 
‘‘(ii) provides that interested parties 
and local officials shall have reasonable op-
portunities to comment on the contents of 
the metropolitan transportation plan of the 
metropolitan planning organization. 
‘‘(C) METHODS.—In carrying out subpara-
graph (A), the metropolitan planning organiza-
tion shall, to the maximum extent practicable—
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‘‘(i) develop the metropolitan transpor-
tation plan and transportation improve-
ment program in consultation with inter-
ested parties, as appropriate, including by 
the formation of advisory groups represent-
ative of the community and interested par-
ties (including State representatives of non-
motorized users) that participate in the de-
velopment of the metropolitan transpor-
tation plan and transportation improve-
ment program; 
‘‘(ii) hold any public meetings at times 
and locations that are, as applicable— 
‘‘(I) convenient; and 
‘‘(II) in compliance with the 
Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); 
‘‘(iii) employ visualization techniques 
to describe metropolitan transportation 
plans and transportation improvement pro-
grams; and 
‘‘(iv) make public information avail-
able in appropriate electronically accessible 
formats and means, such as the Internet, to 
afford reasonable opportunity for consider-
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ation of public information under subpara-
graph (A). 
‘‘(i) DEVELOPMENT
OF METROPOLITAN TRANSPOR-
TATION PLAN.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), not later than 5 years after 
the date of enactment of the MAP–21, and not 
less frequently than once every 5 years thereafter, 
each metropolitan planning organization shall 
prepare and update, respectively, a metropolitan 
transportation plan for the relevant metropolitan 
planning area in accordance with this section. 
‘‘(B) EXCEPTIONS.—A metropolitan plan-
ning organization shall prepare or update, as 
appropriate, the metropolitan transportation 
plan not less frequently than once every 4 years 
if the metropolitan planning organization is op-
erating within— 
‘‘(i) a nonattainment area; or 
‘‘(ii) a maintenance area. 
‘‘(2) OTHER
REQUIREMENTS.—A metropolitan 
transportation plan under this section shall— 
‘‘(A) be in a form that the Secretary deter-
mines to be appropriate;
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‘‘(B) have a term of not less than 20 years; 
and 
‘‘(C) contain, at a minimum— 
‘‘(i) an identification of the existing 
transportation 
infrastructure, 
including 
highways, local streets and roads, bicycle 
and pedestrian facilities, public transpor-
tation facilities and services, commuter rail 
facilities and services, high-speed and inter-
city passenger rail facilities and services, 
freight facilities (including freight railroad 
and port facilities), multimodal and inter-
modal facilities, and intermodal connectors 
that, evaluated in the aggregate, function as 
an integrated metropolitan transportation 
system; 
‘‘(ii) a description of the performance 
measures and performance targets used in 
assessing the existing and future perform-
ance of the transportation system in accord-
ance with subsection (h)(2); 
‘‘(iii) a description of the current and 
projected future usage of the transportation 
system, including a projection based on a 
preferred scenario, and further including, to
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the extent practicable, an identification of 
existing or planned transportation rights-of- 
way, corridors, facilities, and related real 
properties; 
‘‘(iv) a system performance report eval-
uating the existing and future condition 
and performance of the transportation sys-
tem with respect to the performance targets 
described in subsection (h)(2) and updates 
in subsequent system performance reports, 
including— 
‘‘(I) progress achieved by the met-
ropolitan planning organization in 
meeting the performance targets in 
comparison with system performance 
recorded in previous reports; 
‘‘(II) an accounting of the per-
formance of the metropolitan planning 
organization on outlay of obligated 
project funds and delivery of projects 
that have reached substantial comple-
tion in relation to— 
‘‘(aa) the projects included in 
the transportation improvement 
program; and
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‘‘(bb) the projects that have 
been removed from the previous 
transportation improvement pro-
gram; and 
‘‘(III) when appropriate, an anal-
ysis of how the preferred scenario has 
improved the conditions and perform-
ance of the transportation system and 
how changes in local policies, invest-
ments, and growth have impacted the 
costs necessary to achieve the identified 
performance targets; 
‘‘(v) recommended strategies and in-
vestments for improving system perform-
ance over the planning horizon, including 
transportation systems management and 
operations strategies, maintenance strate-
gies, demand management strategies, asset 
management strategies, capacity and en-
hancement investments, State and local eco-
nomic development and land use improve-
ments, intelligent transportation systems 
deployment, and technology adoption strate-
gies, as determined by the projected support
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† HR 4348 EAS 
of the performance targets described in sub-
section (h)(2); 
‘‘(vi) recommended strategies and in-
vestments to improve and integrate dis-
ability-related access to transportation in-
frastructure, including strategies and in-
vestments based on a preferred scenario, 
when appropriate; 
‘‘(vii) investment priorities for using 
projected available and proposed revenues 
over the short- and long-term stages of the 
planning horizon, in accordance with the fi-
nancial plan required under paragraph (4); 
‘‘(viii) a description of interstate com-
pacts entered into in order to promote co-
ordinated 
transportation 
planning 
in 
multistate areas, if applicable; 
‘‘(ix) an optional illustrative list of 
projects containing investments that— 
‘‘(I) are not included in the met-
ropolitan transportation plan; but 
‘‘(II) would be so included if re-
sources in addition to the resources 
identified in the financial plan under 
paragraph (4) were available;
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‘‘(x) a discussion (developed in con-
sultation with Federal, State, and tribal 
wildlife, land management, and regulatory 
agencies) of types of potential environ-
mental and stormwater mitigation activi-
ties and potential areas to carry out those 
activities, including activities that may 
have the greatest potential to restore and 
maintain the environmental functions af-
fected by the metropolitan transportation 
plan; and 
‘‘(xi) recommended strategies and in-
vestments, including those developed by the 
State as part of interstate compacts, agree-
ments, or organizations, that support inter-
city transportation. 
‘‘(3) SCENARIO DEVELOPMENT.— 
‘‘(A) IN
GENERAL.—When preparing the 
metropolitan transportation plan, the metropoli-
tan planning organization may, while fitting the 
needs and complexity of its community, develop 
multiple scenarios for consideration as a part of 
the development of the metropolitan transpor-
tation plan, in accordance with subparagraph 
(B).
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‘‘(B) COMPONENTS
OF
SCENARIOS.—The 
scenarios— 
‘‘(i) shall include potential regional in-
vestment strategies for the planning horizon; 
‘‘(ii) shall include assumed distribu-
tion of population and employment; 
‘‘(iii) may include a scenario that, to 
the maximum extent practicable, maintains 
baseline conditions for the performance 
measures identified in subsection (h)(2); 
‘‘(iv) may include a scenario that im-
proves the baseline conditions for as many 
of the performance measures identified in 
subsection (h)(2) as possible; 
‘‘(v) shall be revenue constrained based 
on the total revenues expected to be avail-
able over the forecast period of the plan; 
and 
‘‘(vi) may include estimated costs and 
potential revenues available to support each 
scenario. 
‘‘(C) METRICS.—In addition to the per-
formance measures identified in subsection 
(h)(2), scenarios developed under this paragraph
313 
† HR 4348 EAS 
may be evaluated using locally-developed metrics 
for the following categories: 
‘‘(i) Congestion and mobility, includ-
ing transportation use by mode. 
‘‘(ii) Freight movement. 
‘‘(iii) Safety. 
‘‘(iv) Efficiency and costs to taxpayers. 
‘‘(4) FINANCIAL
PLAN.—A financial plan re-
ferred to in paragraph (2)(C)(vii) shall— 
‘‘(A) be prepared by each metropolitan 
planning organization to support the metropoli-
tan transportation plan; and 
‘‘(B) contain a description of each of the 
following: 
‘‘(i) Projected resource requirements for 
implementing projects, strategies, and serv-
ices recommended in the metropolitan 
transportation plan, including existing and 
projected system operating and mainte-
nance needs, proposed enhancement and ex-
pansions to the system, projected available 
revenue from Federal, State, local, and pri-
vate sources, and innovative financing tech-
niques to finance projects and programs.
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† HR 4348 EAS 
‘‘(ii) The projected difference between 
costs and revenues, and strategies for secur-
ing additional new revenue (such as by cap-
ture of some of the economic value created 
by any new investment). 
‘‘(iii) Estimates of future funds, to be 
developed cooperatively by the metropolitan 
planning organization, any public trans-
portation agency, and the State, that are 
reasonably expected to be available to sup-
port the investment priorities recommended 
in the metropolitan transportation plan. 
‘‘(iv) Each applicable project only if 
full funding can reasonably be anticipated 
to be available for the project within the 
time period contemplated for completion of 
the project. 
‘‘(5) COORDINATION WITH CLEAN AIR ACT AGEN-
CIES.—The metropolitan planning organization for 
any metropolitan area that is a nonattainment area 
or maintenance area shall coordinate the development 
of a transportation plan with the process for develop-
ment of the transportation control measures of the 
State implementation plan required by the Clean Air 
Act (42 U.S.C. 7401 et seq.).
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† HR 4348 EAS 
‘‘(6) PUBLICATION.—On approval by the rel-
evant metropolitan planning organization, a metro-
politan transportation plan involving Federal par-
ticipation shall be, at such times and in such manner 
as the Secretary shall require— 
‘‘(A) published or otherwise made readily 
available by the metropolitan planning organiza-
tion for public review, including (to the max-
imum extent practicable) in electronically acces-
sible formats and means, such as the Internet; 
and 
‘‘(B) submitted for informational purposes 
to the applicable Governor. 
‘‘(7) CONSULTATION.— 
‘‘(A) IN GENERAL.—In each metropolitan 
area, the metropolitan planning organization 
shall consult, as appropriate, with Federal, trib-
al, State, and local agencies responsible for land 
use management, natural resources, environ-
mental protection, conservation, and historic 
preservation concerning the development of a 
metropolitan transportation plan. 
‘‘(B) ISSUES.—The consultation under sub-
paragraph (A) shall involve, as available, consid-
eration of—
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† HR 4348 EAS 
‘‘(i) metropolitan transportation plans 
with Federal, tribal, State, and local con-
servation plans or maps; and 
‘‘(ii) inventories of natural or historic 
resources. 
‘‘(8) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE
LIST.—Notwithstanding paragraph (4), a 
State or metropolitan planning organization shall not 
be required to select any project from the illustrative 
list of additional projects included in the metropoli-
tan transportation plan under paragraph (2)(C)(ix). 
‘‘(j) TRANSPORTATION IMPROVEMENT PROGRAM.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN GENERAL.—In cooperation with the 
applicable State and any affected public trans-
portation operator, the metropolitan planning 
organization designated for a metropolitan area 
shall develop a transportation improvement pro-
gram for the metropolitan planning area that— 
‘‘(i) contains projects consistent with 
the current metropolitan transportation 
plan; 
‘‘(ii) reflects the investment priorities 
established in the current metropolitan 
transportation plan; and
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† HR 4348 EAS 
‘‘(iii) once implemented, will make sig-
nificant progress toward achieving the per-
formance targets established under sub-
section (h)(2). 
‘‘(B) OPPORTUNITY FOR PARTICIPATION.— 
In developing the transportation improvement 
program, the metropolitan planning organiza-
tion, in cooperation with the State and any af-
fected public transportation operator, shall pro-
vide an opportunity for participation by inter-
ested parties, in accordance with subsection 
(h)(4). 
‘‘(C) 
UPDATING
AND
APPROVAL.—The 
transportation improvement program shall be— 
‘‘(i) updated not less frequently than 
once every 4 years, on a cycle compatible 
with the development of the relevant state-
wide transportation improvement program 
under section 135; and 
‘‘(ii) approved by the applicable Gov-
ernor. 
‘‘(2) CONTENTS.— 
‘‘(A) PRIORITY
LIST.—The transportation 
improvement program shall include a priority 
list of proposed federally supported projects and
318 
† HR 4348 EAS 
strategies to be carried out during the 4-year pe-
riod beginning on the date of adoption of the 
transportation improvement program, and each 
4-year period thereafter, using existing and rea-
sonably available revenues in accordance with 
the financial plan under paragraph (3). 
‘‘(B) DESCRIPTIONS.—Each project de-
scribed in the transportation improvement pro-
gram shall include sufficient descriptive material 
(such as type of work, termini, length, and other 
similar factors) to identify the project or phase 
of the project and the effect that the project or 
project phase will have in addressing the targets 
described in subsection (h)(2). 
‘‘(C) 
PERFORMANCE
TARGET
ACHIEVE-
MENT.—The transportation improvement pro-
gram shall include, to the maximum extent prac-
ticable, a description of the anticipated effect of 
the transportation improvement program on at-
tainment of the performance targets established 
in the metropolitan transportation plan, linking 
investment priorities to those performance tar-
gets. 
‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.—In 
developing a transportation improvement pro-
319 
† HR 4348 EAS 
gram, an optional illustrative list of projects 
may be prepared containing additional invest-
ment priorities that— 
‘‘(i) are not included in the transpor-
tation improvement program; but 
‘‘(ii) would be so included if resources 
in addition to the resources identified in the 
financial plan under paragraph (3) were 
available. 
‘‘(3) FINANCIAL
PLAN.—A financial plan re-
ferred to in paragraph (2)(D)(ii) shall— 
‘‘(A) be prepared by each metropolitan 
planning organization to support the transpor-
tation improvement program; and 
‘‘(B) contain a description of each of the 
following: 
‘‘(i) Projected resource requirements for 
implementing projects, strategies, and serv-
ices recommended in the transportation im-
provement program, including existing and 
projected system operating and mainte-
nance needs, proposed enhancement and ex-
pansions to the system, projected available 
revenue from Federal, State, local, and pri-
320 
† HR 4348 EAS 
vate sources, and innovative financing tech-
niques to finance projects and programs. 
‘‘(ii) The projected difference between 
costs and revenues, and strategies for secur-
ing additional new revenue (such as by cap-
ture of some of the economic value created 
by any new investment). 
‘‘(iii) Estimates of future funds, to be 
developed cooperatively by the metropolitan 
planning organization, any public trans-
portation agency, and the State, that are 
reasonably expected to be available to sup-
port the investment priorities recommended 
in the transportation improvement pro-
gram. 
‘‘(iv) Each applicable project, only if 
full funding can reasonably be anticipated 
to be available for the project within the 
time period contemplated for completion of 
the project. 
‘‘(4) INCLUDED PROJECTS.— 
‘‘(A) PROJECTS
UNDER
THIS
TITLE
AND 
CHAPTER 53 OF TITLE 49.—A transportation im-
provement program developed under this sub-
section for a metropolitan area shall include a
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† HR 4348 EAS 
description of the projects within the area that 
are proposed for funding under chapter 1 of this 
title and chapter 53 of title 49. 
‘‘(B) PROJECTS UNDER CHAPTER 2.— 
‘‘(i) REGIONALLY SIGNIFICANT.—Each 
regionally significant project proposed for 
funding under chapter 2 shall be identified 
individually in the transportation improve-
ment program. 
‘‘(ii) NONREGIONALLY SIGNIFICANT.— 
A description of each project proposed for 
funding under chapter 2 that is not deter-
mined to be regionally significant shall be 
contained in 1 line item or identified indi-
vidually in the transportation improvement 
program. 
‘‘(5) OPPORTUNITY FOR PARTICIPATION.—Before 
approving a transportation improvement program, a 
metropolitan planning organization, in cooperation 
with the State and any affected public transportation 
operator, shall provide an opportunity for participa-
tion by interested parties in the development of the 
transportation improvement program, in accordance 
with subsection (h)(4). 
‘‘(6) SELECTION OF PROJECTS.—
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† HR 4348 EAS 
‘‘(A) IN GENERAL.—Each tier I MPO and 
tier II MPO shall select projects carried out 
within the boundaries of the applicable metro-
politan planning area from the transportation 
improvement program, in consultation with the 
relevant State and on concurrence of the affected 
facility owner, for funds apportioned to the State 
under section 104(b)(2) and suballocated to the 
metropolitan 
planning 
area 
under 
section 
133(d). 
‘‘(B) PROJECTS
UNDER
CHAPTER
OF 
TITLE 49.—In the case of projects under chapter 
53 of title 49, the selection of federally funded 
projects in metropolitan areas shall be carried 
out, from the approved transportation improve-
ment program, by the designated recipients of 
public transportation funding in cooperation 
with the metropolitan planning organization. 
‘‘(C) CMAQ PROJECTS.—Each tier I MPO 
shall select projects carried out within the bound-
aries of the applicable metropolitan planning 
area from the transportation improvement pro-
gram, in consultation with the relevant State 
and on concurrence of the affected facility owner, 
for funds apportioned to the State under section
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† HR 4348 EAS 
104(b)(4) and suballocated to the metropolitan 
planning area under section 149(j). 
‘‘(D) MODIFICATIONS
TO
PROJECT
PRI-
ORITY.—Notwithstanding any other provision of 
law, approval by the Secretary shall not be re-
quired to carry out a project included in a 
transportation improvement program in place of 
another project in the transportation improve-
ment program. 
‘‘(7) PUBLICATION.— 
‘‘(A) IN GENERAL.—A transportation im-
provement program shall be published or other-
wise made readily available by the applicable 
metropolitan planning organization for public 
review in electronically accessible formats and 
means, such as the Internet. 
‘‘(B) ANNUAL LIST OF PROJECTS.—An an-
nual list of projects, including investments in pe-
destrian walkways, bicycle transportation facili-
ties, and intermodal facilities that support inter-
city transportation, for which Federal funds 
have been obligated during the preceding fiscal 
year shall be published or otherwise made avail-
able by the cooperative effort of the State, public 
transportation operator, and metropolitan plan-
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† HR 4348 EAS 
ning organization in electronically accessible for-
mats and means, such as the Internet, in a man-
ner that is consistent with the categories identi-
fied in the relevant transportation improvement 
program. 
‘‘(k) PLANNING REQUIREMENTS FOR TIER II MPOS.— 
‘‘(1) IN GENERAL.—The Secretary may provide 
for the performance-based development of a metropoli-
tan transportation plan and transportation improve-
ment program for the metropolitan planning area of 
a tier II MPO, as the Secretary determines to be ap-
propriate, taking into account— 
‘‘(A) the complexity of transportation needs 
in the area; and 
‘‘(B) the technical capacity of the metropoli-
tan planning organization. 
‘‘(2) 
EVALUATION
OF
PERFORMANCE-BASED 
PLANNING.—In reviewing a tier II MPO under sub-
section (m), the Secretary shall take into consider-
ation the effectiveness of the tier II MPO in imple-
menting and maintaining a performance-based plan-
ning process that— 
‘‘(A) addresses the performance targets de-
scribed in subsection (h)(2); and
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† HR 4348 EAS 
‘‘(C) a transportation improvement pro-
gram for the metropolitan planning area has 
been approved by the relevant metropolitan plan-
ning organization and applicable Governor. 
‘‘(3) DELEGATION
OF
AUTHORITY.—The Sec-
retary may— 
‘‘(A) delegate to the appropriate State fact- 
finding authority regarding the certification of a 
tier II MPO under this subsection; and 
‘‘(B) make the certification under para-
graph (1) in consultation with the State. 
‘‘(4) EFFECT OF FAILURE TO CERTIFY.— 
‘‘(A) WITHHOLDING OF PROJECT FUNDS.— 
If a metropolitan transportation planning proc-
ess of a metropolitan planning organization is 
not certified under paragraph (1), the Secretary 
may withhold up to 20 percent of the funds at-
tributable to the metropolitan planning area of 
the metropolitan planning organization for 
projects funded under this title and chapter 53 
of title 49. 
‘‘(B) 
RESTORATION
OF
WITHHELD 
FUNDS.—Any funds withheld under subpara-
graph (A) shall be restored to the metropolitan 
planning area on the date of certification of the
327 
† HR 4348 EAS 
metropolitan transportation planning process by 
the Secretary. 
‘‘(5) PUBLIC INVOLVEMENT.—In making a deter-
mination regarding certification under this sub-
section, the Secretary shall provide for public involve-
ment appropriate to the metropolitan planning area 
under review. 
‘‘(m) PERFORMANCE-BASED PLANNING PROCESSES 
EVALUATION.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
criteria to evaluate the effectiveness of the perform-
ance-based planning processes of metropolitan plan-
ning organizations under this section, taking into 
consideration the following: 
‘‘(A) The extent to which the metropolitan 
planning organization has achieved, or is cur-
rently making substantial progress toward 
achieving, the performance targets specified in 
subsection (h)(2), taking into account whether 
the metropolitan planning organization devel-
oped meaningful performance targets. 
‘‘(B) The extent to which the metropolitan 
planning organization has used proven best 
practices that help ensure transportation invest-
ment that is efficient and cost-effective.
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† HR 4348 EAS 
‘‘(C) The extent to which the metropolitan 
planning organization— 
‘‘(i) has developed an investment proc-
ess that relies on public input and aware-
ness to ensure that investments are trans-
parent and accountable; and 
‘‘(ii) provides regular reports allowing 
the public to access the information being 
collected in a format that allows the public 
to meaningfully assess the performance of 
the metropolitan planning organization. 
‘‘(2) REPORT.— 
‘‘(A) IN GENERAL.—Not later than 5 years 
after the date of enactment of the MAP–21, the 
Secretary shall submit to Congress a report eval-
uating— 
‘‘(i) the overall effectiveness of perform-
ance-based planning as a tool for guiding 
transportation investments; and 
‘‘(ii) the effectiveness of the perform-
ance-based planning process of each metro-
politan planning organization under this 
section. 
‘‘(B) PUBLICATION.—The report under sub-
paragraph (A) shall be published or otherwise
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† HR 4348 EAS 
made available in electronically accessible for-
mats and means, including on the Internet. 
‘‘(n) ADDITIONAL REQUIREMENTS FOR CERTAIN NON-
ATTAINMENT AREAS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this title or chapter 53 of title 49, Fed-
eral funds may not be advanced in any metropolitan 
planning area classified as a nonattainment area or 
maintenance area for any highway project that will 
result in a significant increase in the carrying capac-
ity for single-occupant vehicles, unless the owner or 
operator of the project demonstrates that the project 
will achieve or make substantial progress toward 
achieving the performance targets described in sub-
section (h)(2). 
‘‘(2) APPLICABILITY.—This subsection applies to 
any nonattainment area or maintenance area within 
the boundaries of a metropolitan planning area, as 
determined under subsection (c). 
‘‘(o) EFFECT OF SECTION.—Nothing in this section 
provides to any metropolitan planning organization the au-
thority to impose any legal requirement on any transpor-
tation facility, provider, or project not subject to the re-
quirements of this title or chapter 53 of title 49.
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‘‘(p) FUNDING.—Funds apportioned under section 
104(b)(6) of this title and set aside under section 5305(g) 
of title 49 shall be available to carry out this section. 
‘‘(q) CONTINUATION
OF CURRENT REVIEW PRAC-
TICE.— 
‘‘(1) IN GENERAL.—In consideration of the fac-
tors described in paragraph (2), any decision by the 
Secretary concerning a metropolitan transportation 
plan or transportation improvement program shall 
not be considered to be a Federal action subject to re-
view under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
‘‘(2) DESCRIPTION OF FACTORS.—The factors re-
ferred to in paragraph (1) are that— 
‘‘(A) metropolitan transportation plans and 
transportation improvement programs are sub-
ject to a reasonable opportunity for public com-
ment; 
‘‘(B) the projects included in metropolitan 
transportation plans and transportation im-
provement programs are subject to review under 
the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); and 
‘‘(C) decisions by the Secretary concerning 
metropolitan transportation plans and transpor-
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tation improvement programs have not been re-
viewed under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) as of Janu-
ary 1, 1997. 
‘‘(r) SCHEDULE
FOR IMPLEMENTATION.—The Sec-
retary shall issue guidance on a schedule for implementa-
tion of the changes made by this section, taking into consid-
eration the established planning update cycle for metropoli-
tan planning organizations. The Secretary shall not require 
a metropolitan planning organization to deviate from its 
established planning update cycle to implement changes 
made by this section. Metropolitan planning organizations 
shall reflect changes made to their transportation plan or 
transportation improvement program updates by not later 
than 2 years after the date of issuance of guidance by the 
Secretary.’’. 
SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANS-
PORTATION PLANNING. 
(a) IN GENERAL.—Section 135 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 135. Statewide and nonmetropolitan transportation 
planning 
‘‘(a) 
STATEWIDE
TRANSPORTATION
PLANS
AND 
STIPS.— 
‘‘(1) DEVELOPMENT.—
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gram developed for each State shall provide for the 
development and integrated management and oper-
ation of transportation systems and facilities (includ-
ing accessible pedestrian walkways, bicycle transpor-
tation facilities, and intermodal facilities that sup-
port intercity transportation) that will function as— 
‘‘(A) an intermodal transportation system 
for the State; and 
‘‘(B) an integral part of an intermodal 
transportation system for the United States. 
‘‘(3) PROCESS.—The process for developing the 
statewide transportation plan and statewide trans-
portation improvement program shall— 
‘‘(A) provide for consideration of all modes 
of transportation; and 
‘‘(B) be continuing, cooperative, and com-
prehensive to the degree appropriate, based on 
the complexity of the transportation needs to be 
addressed. 
‘‘(b) COORDINATION AND CONSULTATION.— 
‘‘(1) IN GENERAL.—Each State shall— 
‘‘(A) coordinate planning carried out under 
this section with—
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‘‘(i) the transportation planning ac-
tivities carried out under section 134 for 
metropolitan areas of the State; and 
‘‘(ii) statewide trade and economic de-
velopment planning activities and related 
multistate planning efforts; 
‘‘(B) coordinate planning carried out under 
this section with the transportation planning ac-
tivities carried out by each nonmetropolitan 
planning organization in the State, as applica-
ble; 
‘‘(C) consult on planning carried out under 
this section with the transportation planning ac-
tivities carried out by each rural planning orga-
nization in the State, as applicable; and 
‘‘(D) develop the transportation portion of 
the State implementation plan as required by 
the Clean Air Act (42 U.S.C. 7401 et seq.). 
‘‘(2) MULTISTATE AREAS.— 
‘‘(A) IN GENERAL.—The Secretary shall en-
courage each Governor with responsibility for a 
portion of a multistate metropolitan planning 
area and the appropriate metropolitan planning 
organizations to provide coordinated transpor-
tation planning for the entire metropolitan area.
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‘‘(B) COORDINATION
ALONG
DESIGNATED 
TRANSPORTATION
CORRIDORS.—The Secretary 
shall encourage each Governor with responsi-
bility for a portion of a multistate transpor-
tation corridor to provide coordinated transpor-
tation planning for the entire designated cor-
ridor. 
‘‘(C) INTERSTATE
COMPACTS.—For pur-
poses of this section, any 2 or more States— 
‘‘(i) may enter into compacts, agree-
ments, or organizations not in conflict with 
any Federal law for cooperative efforts and 
mutual assistance in support of activities 
authorized under this section, as the activi-
ties relate to interstate areas and localities 
within the States; 
‘‘(ii) may establish such agencies (joint 
or otherwise) as the States determine to be 
appropriate for ensuring the effectiveness of 
the agreements and compacts; and 
‘‘(iii) are encouraged to enter into such 
compacts, agreements, or organizations as 
are appropriate to develop planning docu-
ments in support of intercity or multistate 
area projects, facilities, and services, the rel-
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evant components of which shall be reflected 
in statewide transportation improvement 
programs and statewide transportation 
plans. 
‘‘(D) RESERVATION OF RIGHTS.—The right 
to alter, amend, or repeal any interstate compact 
or agreement entered into under this subsection 
is expressly reserved. 
‘‘(c) RELATIONSHIP WITH OTHER PLANNING OFFI-
CIALS.— 
‘‘(1) IN GENERAL.—The Secretary shall encour-
age each State to cooperate with Federal, tribal, 
State, and local officers and entities responsible for 
other types of planning activities that are affected by 
transportation in the relevant area (including 
planned growth, economic development, infrastructure 
services, housing, other public services, environmental 
protection, airport operations, high-speed and inter-
city passenger rail, freight rail, port access, and 
freight movements), to the maximum extent prac-
ticable, to ensure that the statewide and nonmetro-
politan planning process, statewide transportation 
plans, and statewide transportation improvement 
programs are developed with due consideration for 
other related planning activities in the State.
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‘‘(2) INCLUSION.—Cooperation under paragraph 
(1) shall include the design and delivery of transpor-
tation services within the State that are provided 
by— 
‘‘(A) recipients of assistance under sections 
202, 203, and 204; 
‘‘(B) recipients of assistance under chapter 
53 of title 49; 
‘‘(C) government agencies and nonprofit or-
ganizations (including representatives of the 
agencies and organizations) that receive Federal 
assistance from a source other than the Depart-
ment of Transportation to provide nonemergency 
transportation services; and 
‘‘(D) sponsors of regionally significant pro-
grams, projects, and services that are related to 
transportation and receive assistance from any 
public or private source. 
‘‘(d) SCOPE OF PLANNING PROCESS.— 
‘‘(1) IN GENERAL.—The statewide transportation 
planning process for a State under this section shall 
provide for consideration of projects, strategies, and 
services that will— 
‘‘(A) support the economic vitality of the 
United States, the State, nonmetropolitan areas,
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‘‘(A) IN GENERAL.—The statewide transpor-
tation planning process shall provide for the es-
tablishment and use of a performance-based ap-
proach to transportation decisionmaking to sup-
port the national goals described in section 
150(b) of this title and section 5301(c) of title 
49. 
‘‘(B) SURFACE TRANSPORTATION PERFORM-
ANCE TARGETS.— 
‘‘(i) IN
GENERAL.—Each State shall 
establish performance targets that address 
the performance measures described in sec-
tions 119(f), 148(h), and 167(i) to use in 
tracking attainment of critical outcomes for 
the region of the State. 
‘‘(ii) COORDINATION.—Selection of per-
formance targets by a State shall be coordi-
nated with relevant metropolitan planning 
organizations to ensure consistency, to the 
maximum extent practicable. 
‘‘(C) PUBLIC
TRANSPORTATION
PERFORM-
ANCE TARGETS.—For providers of public trans-
portation operating in urbanized areas with a 
population of fewer than 200,000 individuals, as 
calculated according to the most recent decennial
340 
† HR 4348 EAS 
census, and not represented by a metropolitan 
planning organization, each State shall adopt 
the performance targets identified by such pro-
viders of public transportation pursuant to sec-
tions 5326(c) and 5329(d) of title 49 for use in 
tracking attainment of critical outcomes for the 
region of the metropolitan planning organiza-
tion. 
‘‘(D) INTEGRATION
OF
OTHER
PERFORM-
ANCE-BASED
PLANS.—A State shall integrate 
into the statewide transportation planning proc-
ess, directly or by reference, the goals, objectives, 
performance measures, and performance targets 
described in this paragraph in other State plans 
and processes, and asset management and safety 
plans developed by providers of public transpor-
tation in urbanized areas with a population of 
fewer than 200,000 individuals, as calculated ac-
cording to the most recent decennial census, and 
not represented by a metropolitan planning or-
ganization, required as part of a performance- 
based program, including plans such as— 
‘‘(i) the State National Highway Sys-
tem asset management plan;
341 
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‘‘(ii) asset management plans devel-
oped by providers of public transportation; 
‘‘(iii) the State strategic highway safe-
ty plan; 
‘‘(iv) a congestion mitigation and air 
quality performance plan developed under 
section 149(k) by a tier I metropolitan 
planning organization (as defined in sec-
tion 134) representing a nonattainment or 
maintenance area; 
‘‘(v) safety plans developed by pro-
viders of public transportation; and 
‘‘(vi) the national freight strategic 
plan. 
‘‘(E) USE
OF
PERFORMANCE
MEASURES 
AND TARGETS.—The performance measures and 
targets established under this paragraph shall be 
used, at a minimum, by a State as the basis for 
development of policies, programs, and invest-
ment priorities reflected in the statewide trans-
portation plan and statewide transportation im-
provement program. 
‘‘(3) FAILURE TO CONSIDER FACTORS.—The fail-
ure to take into consideration 1 or more of the factors 
specified in paragraphs (1) and (2) shall not be sub-
342 
† HR 4348 EAS 
ject to review by any court under this title, chapter 
53 of title 49, subchapter II of chapter 5 of title 5, 
or chapter 7 of title 5 in any matter affecting a state-
wide transportation plan, a statewide transportation 
improvement program, a project or strategy, or the 
certification of a planning process. 
‘‘(4) PARTICIPATION BY INTERESTED PARTIES.— 
‘‘(A) IN GENERAL.—Each State shall pro-
vide to— 
‘‘(i) nonmetropolitan local elected offi-
cials an opportunity to participate in ac-
cordance with subparagraph (B)(i); and 
‘‘(ii) affected individuals, public agen-
cies, and other interested parties notice and 
a reasonable opportunity to comment on the 
statewide transportation plan and statewide 
transportation improvement program. 
‘‘(B) METHODS.—In carrying out this 
paragraph, the State shall— 
‘‘(i) develop and document a consult-
ative process to carry out subparagraph 
(A)(i) that is separate and discrete from the 
public involvement process developed under 
clause (ii);
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‘‘(ii) develop the statewide transpor-
tation plan and statewide transportation 
improvement program in consultation with 
interested parties, as appropriate, including 
by the formation of advisory groups rep-
resentative of the State and interested par-
ties that participate in the development of 
the statewide transportation plan and state-
wide transportation improvement program; 
‘‘(iii) hold any public meetings at 
times and locations that are, as applica-
ble— 
‘‘(I) convenient; and 
‘‘(II) in compliance with the 
Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); 
‘‘(iv) employ visualization techniques 
to describe statewide transportation plans 
and statewide transportation improvement 
programs; and 
‘‘(v) make public information available 
in appropriate electronically accessible for-
mats and means, such as the Internet, to af-
ford reasonable opportunity for consider-
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ation of public information under subpara-
graph (A). 
‘‘(e) COORDINATION AND CONSULTATION.— 
‘‘(1) METROPOLITAN AREAS.— 
‘‘(A) IN
GENERAL.—Each State shall de-
velop a statewide transportation plan and state-
wide transportation improvement program for 
each metropolitan area in the State by incor-
porating, without change or by reference, at a 
minimum, as prepared by each metropolitan 
planning organization designated for the metro-
politan area under section 134— 
‘‘(i) all regionally significant projects 
to be carried out during the 10-year period 
beginning on the effective date of the rel-
evant existing metropolitan transportation 
plan; and 
‘‘(ii) all projects to be carried out dur-
ing the 4-year period beginning on the effec-
tive date of the relevant transportation im-
provement program. 
‘‘(B) PROJECTED COSTS.—Each metropoli-
tan planning organization shall provide to each 
applicable State a description of the projected 
costs of implementing the projects included in
345 
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the metropolitan transportation plan of the met-
ropolitan planning organization for purposes of 
metropolitan financial planning and fiscal con-
straint. 
‘‘(2) NONMETROPOLITAN
AREAS.—With respect 
to nonmetropolitan areas in a State, the statewide 
transportation plan and statewide transportation im-
provement program of the State shall be developed in 
consultation with affected nonmetropolitan local offi-
cials with responsibility for transportation, including 
providers of public transportation. 
‘‘(3) INDIAN
TRIBAL
AREAS.—With respect to 
each area of a State under the jurisdiction of an In-
dian tribe, the statewide transportation plan and 
statewide transportation improvement program of the 
State shall be developed in consultation with— 
‘‘(A) the tribal government; and 
‘‘(B) the Secretary of the Interior. 
‘‘(4) FEDERAL LAND MANAGEMENT AGENCIES.— 
With respect to each area of a State under the juris-
diction of a Federal land management agency, the 
statewide transportation plan and statewide trans-
portation improvement program of the State shall be 
developed in consultation with the relevant Federal 
land management agency.
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† HR 4348 EAS 
‘‘(5) CONSULTATION, COMPARISON, AND CONSID-
ERATION.— 
‘‘(A) IN GENERAL.—A statewide transpor-
tation plan shall be developed, as appropriate, in 
consultation with Federal, tribal, State, and 
local agencies responsible for land use manage-
ment, natural resources, infrastructure permit-
ting, environmental protection, conservation, and 
historic preservation. 
‘‘(B) COMPARISON AND CONSIDERATION.— 
Consultation under subparagraph (A) shall in-
volve the comparison of statewide transportation 
plans to, as available— 
‘‘(i) Federal, tribal, State, and local 
conservation plans or maps; and 
‘‘(ii) inventories of natural or historic 
resources. 
‘‘(f) STATEWIDE TRANSPORTATION PLAN.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN
GENERAL.—Each State shall de-
velop a statewide transportation plan, the fore-
cast period of which shall be not less than 20 
years for all areas of the State, that provides for 
the development and implementation of the 
intermodal transportation system of the State.
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† HR 4348 EAS 
‘‘(B) INITIAL PERIOD.—A statewide trans-
portation plan shall include, at a minimum, for 
the first 10-year period of the statewide trans-
portation plan, the identification of existing and 
future transportation facilities that will function 
as an integrated statewide transportation sys-
tem, giving emphasis to those facilities that serve 
important national, statewide, and regional 
transportation functions. 
‘‘(C) SUBSEQUENT PERIOD.—For the second 
10-year period of the statewide transportation 
plan (referred to in this subsection as the ‘outer 
years 
period’), 
a 
statewide 
transportation 
plan— 
‘‘(i) may include identification of fu-
ture transportation facilities; and 
‘‘(ii) shall describe the policies and 
strategies that provide for the development 
and implementation of the intermodal 
transportation system of the State. 
‘‘(D) OTHER REQUIREMENTS.—A statewide 
transportation plan shall— 
‘‘(i) include, for the 20-year period 
covered by the statewide transportation 
plan, a description of—
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† HR 4348 EAS 
‘‘(I) the projected aggregate cost of 
projects anticipated by a State to be 
implemented; and 
‘‘(II) the revenues necessary to 
support the projects; 
‘‘(ii) include, in such form as the Sec-
retary determines to be appropriate, a de-
scription of— 
‘‘(I) the existing transportation 
infrastructure, including an identifica-
tion of highways, local streets and 
roads, bicycle and pedestrian facilities, 
public transportation facilities and 
services, commuter rail facilities and 
services, high-speed and intercity pas-
senger rail facilities and services, 
freight facilities (including freight rail-
road and port facilities), multimodal 
and intermodal facilities, and inter-
modal connectors that, evaluated in the 
aggregate, function as an integrated 
transportation system; 
‘‘(II) the performance measures 
and performance targets used in assess-
ing the existing and future perform-
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† HR 4348 EAS 
ance of the transportation system de-
scribed in subsection (d)(2); 
‘‘(III) the current and projected 
future usage of the transportation sys-
tem, including, to the maximum extent 
practicable, an identification of exist-
ing or planned transportation rights- 
of-way, corridors, facilities, and related 
real properties; 
‘‘(IV) a system performance report 
evaluating the existing and future con-
dition and performance of the trans-
portation system with respect to the 
performance targets described in sub-
section (d)(2) and updates to subse-
quent system performance reports, in-
cluding— 
‘‘(aa) progress achieved by 
the State in meeting performance 
targets, as compared to system 
performance recorded in previous 
reports; and 
‘‘(bb) an accounting of the 
performance by the State on out-
lay of obligated project funds and
350 
† HR 4348 EAS 
delivery of projects that have 
reached substantial completion, in 
relation to the projects currently 
on the statewide transportation 
improvement program and those 
projects that have been removed 
from the previous statewide trans-
portation improvement program; 
‘‘(V) recommended strategies and 
investments for improving system per-
formance over the planning horizon, 
including transportation systems man-
agement and operations strategies, 
maintenance strategies, demand man-
agement strategies, asset management 
strategies, capacity and enhancement 
investments, land use improvements, 
intelligent transportation systems de-
ployment and technology adoption 
strategies as determined by the pro-
jected support of performance targets 
described in subsection (d)(2); 
‘‘(VI) recommended strategies and 
investments to improve and integrate
351 
† HR 4348 EAS 
disability-related access to transpor-
tation infrastructure; 
‘‘(VII) investment priorities for 
using projected available and proposed 
revenues over the short- and long-term 
stages of the planning horizon, in ac-
cordance with the financial plan re-
quired under paragraph (2); 
‘‘(VIII) a description of interstate 
compacts entered into in order to pro-
mote coordinated transportation plan-
ning in multistate areas, if applicable; 
‘‘(IX) an optional illustrative list 
of 
projects 
containing 
investments 
that— 
‘‘(aa) are not included in the 
statewide transportation plan; but 
‘‘(bb) would be so included if 
resources in addition to the re-
sources identified in the financial 
plan under paragraph (2) were 
available; 
‘‘(X) a discussion (developed in 
consultation with Federal, State, and 
tribal wildlife, land management, and
352 
† HR 4348 EAS 
regulatory agencies) of types of poten-
tial environmental and stormwater 
mitigation activities and potential 
areas to carry out those activities, in-
cluding activities that may have the 
greatest potential to restore and main-
tain the environmental functions af-
fected by the statewide transportation 
plan; and 
‘‘(XI) recommended strategies and 
investments, including those developed 
by the State as part of interstate com-
pacts, agreements, or organizations, 
that support intercity transportation; 
and 
‘‘(iii) be updated by the State not less 
frequently than once every 5 years. 
‘‘(2) FINANCIAL
PLAN.—A financial plan re-
ferred to in paragraph (1)(D)(ii)(VII) shall— 
‘‘(A) be prepared by each State to support 
the statewide transportation plan; and 
‘‘(B) contain a description of each of the 
following: 
‘‘(i) Projected resource requirements 
during the 20-year planning horizon for
353 
† HR 4348 EAS 
implementing projects, strategies, and serv-
ices recommended in the statewide transpor-
tation plan, including existing and pro-
jected system operating and maintenance 
needs, proposed enhancement and expan-
sions to the system, projected available rev-
enue from Federal, State, local, and private 
sources, and innovative financing tech-
niques to finance projects and programs. 
‘‘(ii) The projected difference between 
costs and revenues, and strategies for secur-
ing additional new revenue (such as by cap-
ture of some of the economic value created 
by any new investment). 
‘‘(iii) Estimates of future funds, to be 
developed cooperatively by the State, any 
public transportation agency, and relevant 
metropolitan planning organizations, that 
are reasonably expected to be available to 
support 
the 
investment 
priorities 
rec-
ommended in the statewide transportation 
plan. 
‘‘(iv) Each applicable project, only if 
full funding can reasonably be anticipated 
to be available for the project within the
354 
† HR 4348 EAS 
time period contemplated for completion of 
the project. 
‘‘(v) For the outer years period of the 
statewide transportation plan, a description 
of the aggregate cost ranges or bands, sub-
ject to the condition that any future fund-
ing source shall be reasonably expected to be 
available to support the projected cost 
ranges or bands. 
‘‘(3) COORDINATION WITH CLEAN AIR ACT AGEN-
CIES.—For any nonmetropolitan area that is a non-
attainment area or maintenance area, the State shall 
coordinate the development of the statewide transpor-
tation plan with the process for development of the 
transportation control measures of the State imple-
mentation plan required by the Clean Air Act (42 
U.S.C. 7401 et seq.). 
‘‘(4) PUBLICATION.—A statewide transportation 
plan involving Federal and non-Federal participation 
programs, projects, and strategies shall be published 
or otherwise made readily available by the State for 
public review, including (to the maximum extent 
practicable) in electronically accessible formats and 
means, such as the Internet, in such manner as the 
Secretary shall require.
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† HR 4348 EAS 
‘‘(5) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE
LIST.—Notwithstanding paragraph (2), a 
State shall not be required to select any project from 
the illustrative list of additional projects included in 
the statewide transportation plan under paragraph 
(1)(D)(ii)(IX). 
‘‘(6) USE OF POLICY PLANS.—Notwithstanding 
any other provision of this section, a State that has 
in effect, as of the date of enactment of the MAP–21, 
a statewide transportation plan that follows a policy 
plan approach— 
‘‘(A) may, for 4 years after the date of en-
actment of the MAP–21, continue to use a policy 
plan approach to the statewide transportation 
plan; and 
‘‘(B) shall be subject to the requirements of 
this subsection only to the extent that such re-
quirements were applicable under this section (as 
in effect on the day before the date of enactment 
of the MAP–21). 
‘‘(g) STATEWIDE
TRANSPORTATION
IMPROVEMENT 
PROGRAMS.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN
GENERAL.—In consultation with 
nonmetropolitan officials with responsibility for
356 
† HR 4348 EAS 
transportation and affected public transpor-
tation operators, the State shall develop a state-
wide transportation improvement program for 
the State that— 
‘‘(i) includes projects consistent with 
the statewide transportation plan; 
‘‘(ii) reflects the investment priorities 
established in the statewide transportation 
plan; and 
‘‘(iii) once implemented, makes signifi-
cant progress toward achieving the perform-
ance targets described in subsection (d)(2). 
‘‘(B) OPPORTUNITY FOR PARTICIPATION.— 
In developing a statewide transportation im-
provement program, the State, in cooperation 
with affected public transportation operators, 
shall provide an opportunity for participation 
by interested parties (including State representa-
tives of nonmotorized users) in the development 
of the statewide transportation improvement pro-
gram, in accordance with subsection (e). 
‘‘(C) OTHER REQUIREMENTS.— 
‘‘(i) IN GENERAL.—A statewide trans-
portation improvement program shall—
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† HR 4348 EAS 
‘‘(I) cover a period of not less 
than 4 years; and 
‘‘(II) be updated not less fre-
quently than once every 4 years, or 
more frequently, as the Governor deter-
mines to be appropriate. 
‘‘(ii) INCORPORATION
OF
TIPS.—A 
statewide transportation improvement pro-
gram shall incorporate any relevant trans-
portation improvement program developed 
by a metropolitan planning organization 
under section 134, without change. 
‘‘(iii) PROJECTS.—Each project in-
cluded in a statewide transportation im-
provement program shall be— 
‘‘(I) consistent with the statewide 
transportation plan developed under 
this section for the State; 
‘‘(II) identical to a project or 
phase of a project described in a rel-
evant transportation improvement pro-
gram; and 
‘‘(III) for any project located in a 
nonattainment area or maintenance 
area, carried out in accordance with
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† HR 4348 EAS 
the applicable State air quality imple-
mentation plan developed under the 
Clean Air Act (42 U.S.C. 7401 et seq.). 
‘‘(2) CONTENTS.— 
‘‘(A) PRIORITY
LIST.—A statewide trans-
portation improvement program shall include a 
priority list of proposed federally supported 
projects and strategies, to be carried out during 
the 4-year period beginning on the date of adop-
tion of the statewide transportation improvement 
program, and during each 4-year period there-
after, using existing and reasonably available 
revenues in accordance with the financial plan 
under paragraph (3). 
‘‘(B) 
DESCRIPTIONS.—Each 
project 
or 
phase of a project included in a statewide trans-
portation improvement program shall include 
sufficient descriptive material (such as type of 
work, termini, length, estimated completion date, 
and other similar factors) to identify— 
‘‘(i) the project or project phase; and 
‘‘(ii) the effect that the project or 
project phase will have in addressing the 
performance targets described in subsection 
(d)(2).
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† HR 4348 EAS 
‘‘(C) 
PERFORMANCE
TARGET
ACHIEVE-
MENT.—A statewide transportation improvement 
program shall include, to the maximum extent 
practicable, a discussion of the anticipated effect 
of the statewide transportation improvement pro-
gram toward achieving the performance targets 
established in the statewide transportation plan, 
linking investment priorities to those perform-
ance targets. 
‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.— 
An optional illustrative list of projects may be 
prepared containing additional investment pri-
orities that— 
‘‘(i) are not included in the statewide 
transportation improvement program; but 
‘‘(ii) would be so included if resources 
in addition to the resources identified in the 
financial plan under paragraph (3) were 
available. 
‘‘(3) FINANCIAL
PLAN.—A financial plan re-
ferred to in paragraph (2)(D)(ii) shall— 
‘‘(A) be prepared by each State to support 
the statewide transportation improvement pro-
gram; and
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† HR 4348 EAS 
‘‘(B) contain a description of each of the 
following: 
‘‘(i) Projected resource requirements for 
implementing projects, strategies, and serv-
ices recommended in the statewide transpor-
tation improvement program, including ex-
isting and projected system operating and 
maintenance needs, proposed enhancement 
and expansions to the system, projected 
available revenue from Federal, State, local, 
and private sources, and innovative financ-
ing techniques to finance projects and pro-
grams. 
‘‘(ii) The projected difference between 
costs and revenues, and strategies for secur-
ing additional new revenue (such as by cap-
ture of some of the economic value created 
by any new investment). 
‘‘(iii) Estimates of future funds, to be 
developed cooperatively by the State and 
relevant metropolitan planning organiza-
tions and public transportation agencies, 
that are reasonably expected to be available 
to support the investment priorities rec-
361 
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ommended in the statewide transportation 
improvement program. 
‘‘(iv) Each applicable project, only if 
full funding can reasonably be anticipated 
to be available for the project within the 
time period contemplated for completion of 
the project. 
‘‘(4) INCLUDED PROJECTS.— 
‘‘(A) PROJECTS
UNDER
THIS
TITLE
AND 
CHAPTER 53 OF TITLE 49.—A statewide transpor-
tation improvement program developed under 
this subsection for a State shall include the 
projects within the State that are proposed for 
funding under chapter 1 of this title and chapter 
53 of title 49. 
‘‘(B) PROJECTS UNDER CHAPTER 2.— 
‘‘(i) REGIONALLY SIGNIFICANT.—Each 
regionally significant project proposed for 
funding under chapter 2 shall be identified 
individually in the statewide transportation 
improvement program. 
‘‘(ii) NONREGIONALLY SIGNIFICANT.— 
A description of each project proposed for 
funding under chapter 2 that is not deter-
mined to be regionally significant shall be
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contained in 1 line item or identified indi-
vidually in the statewide transportation im-
provement program. 
‘‘(5) PUBLICATION.— 
‘‘(A) IN GENERAL.—A statewide transpor-
tation improvement program shall be published 
or otherwise made readily available by the State 
for public review in electronically accessible for-
mats and means, such as the Internet. 
‘‘(B) ANNUAL LIST OF PROJECTS.—An an-
nual list of projects, including investments in pe-
destrian walkways, bicycle transportation facili-
ties, and intermodal facilities that support inter-
city transportation, for which Federal funds 
have been obligated during the preceding fiscal 
year shall be published or otherwise made avail-
able by the cooperative effort of the State, public 
transportation operator, and relevant metropoli-
tan planning organizations in electronically ac-
cessible formats and means, such as the Internet, 
in a manner that is consistent with the cat-
egories identified in the relevant statewide trans-
portation improvement program. 
‘‘(6) PROJECT
SELECTION
FOR
URBANIZED 
AREAS WITH POPULATIONS OF FEWER THAN 200,000
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NOT REPRESENTED BY DESIGNATED MPOS.—Projects 
carried out in urbanized areas with populations of 
fewer than 200,000 individuals, as calculated accord-
ing to the most recent decennial census, and that are 
not represented by designated metropolitan planning 
organizations, shall be selected, from the approved 
statewide transportation improvement program (in-
cluding projects carried out on the National Highway 
System and other projects carried out under this title 
or under sections 5310 and 5311 of title 49) by the 
State, in cooperation with the affected nonmetropoli-
tan planning organization, if any exists, and in con-
sultation with the affected nonmetropolitan area local 
officials with responsibility for transportation. 
‘‘(7) APPROVAL BY SECRETARY.— 
‘‘(A) IN GENERAL.—Not less frequently than 
once every 4 years, a statewide transportation 
improvement program developed under this sub-
section shall be reviewed and approved by the 
Secretary, based on the current planning finding 
of the Secretary under subparagraph (B). 
‘‘(B) PLANNING
FINDING.—The Secretary 
shall make a planning finding referred to in sub-
paragraph (A) not less frequently than once 
every 5 years regarding whether the transpor-
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† HR 4348 EAS 
tation planning process through which statewide 
transportation plans and statewide transpor-
tation improvement programs are developed is 
consistent with this section and section 134. 
‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.— 
Notwithstanding any other provision of law, approval 
by the Secretary shall not be required to carry out a 
project included in an approved statewide transpor-
tation improvement program in place of another 
project in the statewide transportation improvement 
program. 
‘‘(h) CERTIFICATION.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) ensure that the statewide transpor-
tation planning process of a State is being car-
ried out in accordance with this section and ap-
plicable Federal law (including rules and regula-
tions); and 
‘‘(B) subject to paragraph (2), certify, not 
later than 180 days after the date of enactment 
of the MAP–21 and not less frequently than once 
every 5 years thereafter, that the requirements of 
subparagraph (A) are met with respect to the 
statewide transportation planning process.
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‘‘(2) REQUIREMENTS FOR CERTIFICATION.—The 
Secretary may make a certification under paragraph 
(1)(B) if— 
‘‘(A) the statewide transportation planning 
process complies with the requirements of this 
section and other applicable Federal law; and 
‘‘(B) a statewide transportation improve-
ment program for the State has been approved 
by the Governor of the State. 
‘‘(3) EFFECT OF FAILURE TO CERTIFY.— 
‘‘(A) WITHHOLDING OF PROJECT FUNDS.— 
If a statewide transportation planning process of 
a State is not certified under paragraph (1), the 
Secretary may withhold up to 20 percent of the 
funds attributable to the State for projects fund-
ed under this title and chapter 53 of title 49. 
‘‘(B) 
RESTORATION
OF
WITHHELD 
FUNDS.—Any funds withheld under subpara-
graph (A) shall be restored to the State on the 
date of certification of the statewide transpor-
tation planning process by the Secretary. 
‘‘(4) PUBLIC INVOLVEMENT.—In making a deter-
mination regarding certification under this sub-
section, the Secretary shall provide for public involve-
ment appropriate to the State under review.
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‘‘(i) PERFORMANCE-BASED
PLANNING
PROCESSES 
EVALUATION.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
criteria to evaluate the effectiveness of the perform-
ance-based planning processes of States, taking into 
consideration the following: 
‘‘(A) The extent to which the State has 
achieved, or is currently making substantial 
progress toward achieving, the performance tar-
gets described in subsection (d)(2), taking into 
account whether the State developed meaningful 
performance targets. 
‘‘(B) The extent to which the State has used 
proven best practices that help ensure transpor-
tation investment that is efficient and cost-effec-
tive. 
‘‘(C) The extent to which the State— 
‘‘(i) has developed an investment proc-
ess that relies on public input and aware-
ness to ensure that investments are trans-
parent and accountable; and 
‘‘(ii) provides regular reports allowing 
the public to access the information being 
collected in a format that allows the public
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† HR 4348 EAS 
to meaningfully assess the performance of 
the State. 
‘‘(2) REPORT.— 
‘‘(A) IN GENERAL.—Not later than 5 years 
after the date of enactment of the MAP–21, the 
Secretary shall submit to Congress a report eval-
uating— 
‘‘(i) the overall effectiveness of perform-
ance-based planning as a tool for guiding 
transportation investments; and 
‘‘(ii) the effectiveness of the perform-
ance-based planning process of each State. 
‘‘(B) PUBLICATION.—The report under sub-
paragraph (A) shall be published or otherwise 
made available in electronically accessible for-
mats and means, including on the Internet. 
‘‘(j) FUNDING.—Funds apportioned under section 
104(b)(6) of this title and set aside under section 5305(g) 
of title 49 shall be available to carry out this section. 
‘‘(k) CONTINUATION
OF CURRENT REVIEW PRAC-
TICE.— 
‘‘(1) IN GENERAL.—In consideration of the fac-
tors described in paragraph (2), any decision by the 
Secretary concerning a statewide transportation plan 
or statewide transportation improvement program
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† HR 4348 EAS 
shall not be considered to be a Federal action subject 
to review under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(2) DESCRIPTION OF FACTORS.—The factors re-
ferred to in paragraph (1) are that— 
‘‘(A) statewide transportation plans and 
statewide transportation improvement programs 
are subject to a reasonable opportunity for public 
comment; 
‘‘(B) the projects included in statewide 
transportation plans and statewide transpor-
tation improvement programs are subject to re-
view under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and 
‘‘(C) decisions by the Secretary concerning 
statewide transportation plans and statewide 
transportation improvement programs have not 
been reviewed under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) as 
of January 1, 1997. 
‘‘(l) SCHEDULE
FOR IMPLEMENTATION.—The Sec-
retary shall issue guidance on a schedule for implementa-
tion of the changes made by this section, taking into consid-
eration the established planning update cycle for States. 
The Secretary shall not require a State to deviate from its
369 
† HR 4348 EAS 
established planning update cycle to implement changes 
made by this section. States shall reflect changes made to 
their transportation plan or transportation improvement 
program updates not later than 2 years after the date of 
issuance of guidance by the Secretary under this sub-
section.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code, is amended by 
striking the item relating to section 135 and inserting the 
following: 
‘‘135. Statewide and nonmetropolitan transportation planning.’’. 
SEC. 1203. NATIONAL GOALS. 
(a) IN GENERAL.—Section 150 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 150. National goals 
‘‘(a) DECLARATION OF POLICY.—Performance man-
agement will transform the Federal-aid highway program 
and provide a means to the most efficient investment of 
Federal transportation funds by refocusing on national 
transportation goals, increasing the accountability and 
transparency of the Federal-aid highway program, and im-
proving project decisionmaking through performance-based 
planning and programming. 
‘‘(b) NATIONAL GOALS.—It is in the interest of the 
United States to focus the Federal-aid highway program on 
the following national goals:
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† HR 4348 EAS 
‘‘(1) SAFETY.—To achieve a significant reduc-
tion in traffic fatalities and serious injuries on all 
public roads. 
‘‘(2) INFRASTRUCTURE
CONDITION.—To main-
tain the highway infrastructure asset system in a 
state of good repair. 
‘‘(3) SYSTEM RELIABILITY.—To improve the effi-
ciency of the surface transportation system. 
‘‘(4) FREIGHT MOVEMENT AND ECONOMIC VITAL-
ITY.—To improve the national freight network, 
strengthen the ability of rural communities to access 
national and international trade markets, and sup-
port regional economic development. 
‘‘(5) ENVIRONMENTAL SUSTAINABILITY.—To en-
hance the performance of the transportation system 
while protecting and enhancing the natural environ-
ment. 
‘‘(6) REDUCED PROJECT DELIVERY DELAYS.—To 
reduce project costs, promote jobs and the economy, 
and expedite the movement of people and goods by ac-
celerating project completion through eliminating 
delays in the project development and delivery proc-
ess, including reducing regulatory burdens and im-
proving agencies’ work practices.’’.
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† HR 4348 EAS 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code, is amended by 
striking the item relating to section 150 and inserting the 
following: 
‘‘150. National goals.’’. 
Subtitle C—Acceleration of Project 
Delivery 
SEC. 1301. PROJECT DELIVERY INITIATIVE. 
(a) DECLARATION OF POLICY.—It is the policy of the 
United States that— 
(1) it is in the national interest for the Depart-
ment, State departments of transportation, transit 
agencies, and all other recipients of Federal transpor-
tation funds— 
(A) to accelerate project delivery and reduce 
costs; and 
(B) to ensure that the planning, design, en-
gineering, construction, and financing of trans-
portation projects is done in an efficient and ef-
fective manner, promoting accountability for 
public investments and encouraging greater pri-
vate sector involvement in project financing and 
delivery while enhancing safety and protecting 
the environment; 
(2) delay in the delivery of transportation 
projects increases project costs, harms the economy of
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† HR 4348 EAS 
the United States, and impedes the travel of the peo-
ple of the United States and the shipment of goods for 
the conduct of commerce; and 
(3) the Secretary shall identify and promote the 
deployment of innovation aimed at reducing the time 
and money required to deliver transportation projects 
while enhancing safety and protecting the environ-
ment. 
(b) ESTABLISHMENT OF INITIATIVE.— 
(1) IN
GENERAL.—To advance the policy de-
scribed in subsection (a), the Secretary shall carry out 
a project delivery initiative under this section. 
(2) PURPOSES.—The purposes of the project de-
livery initiative shall be— 
(A) to develop and advance the use of best 
practices to accelerate project delivery and re-
duce costs across all modes of transportation and 
expedite the deployment of technology and inno-
vation; 
(B) to implement provisions of law designed 
to accelerate project delivery; and 
(C) to select eligible projects for applying 
experimental features to test innovative project 
delivery techniques. 
(3) ADVANCING THE USE OF BEST PRACTICES.—
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† HR 4348 EAS 
(A) IN GENERAL.—In carrying out the ini-
tiative under this section, the Secretary shall 
identify and advance best practices to reduce de-
livery time and project costs, from planning 
through construction, for transportation projects 
and programs of projects regardless of mode and 
project size. 
(B) ADMINISTRATION.—To advance the use 
of best practices, the Secretary shall— 
(i) engage interested parties, affected 
communities, resource agencies, and other 
stakeholders to gather information regard-
ing opportunities for accelerating project 
delivery and reducing costs; 
(ii) establish a clearinghouse for the 
collection, documentation, and advancement 
of existing and new innovative approaches 
and best practices; 
(iii) disseminate information through 
a variety of means to transportation stake-
holders on new innovative approaches and 
best practices; and 
(iv) provide technical assistance to as-
sist transportation stakeholders in the use of
374 
† HR 4348 EAS 
flexibility authority to resolve project delays 
and accelerate project delivery if feasible. 
(4) IMPLEMENTATION OF ACCELERATED PROJECT 
DELIVERY.—The Secretary shall ensure that the pro-
visions of this subtitle designed to accelerate project 
delivery are fully implemented, including— 
(A) expanding eligibility of early acquisi-
tion of property prior to completion of environ-
mental review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); 
(B) allowing the use of the construction 
manager or general contractor method of con-
tracting in the Federal-aid highway system; and 
(C) establishing a demonstration program 
to streamline the relocation process by permit-
ting a lump-sum payment for acquisition and 
relocation if elected by the displaced occupant. 
SEC. 1302. CLARIFIED ELIGIBILITY FOR EARLY ACQUISI-
TION ACTIVITIES PRIOR TO COMPLETION OF 
NEPA REVIEW. 
(a) IN GENERAL.—The acquisition of real property in 
anticipation of a federally assisted or approved surface 
transportation project that may use the property shall not 
be prohibited prior to the completion of reviews of the sur-
375 
† HR 4348 EAS 
face transportation project under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the 
acquisition does not— 
(1) have an adverse environmental effect; or 
(2)(A) limit the choice of reasonable alternatives 
for the proposed project; or 
(B) prevent the lead agency from making an im-
partial decision as to whether to select an alternative 
that is being considered during the environmental re-
view process. 
(b) EARLY ACQUISITION OF REAL PROPERTY INTER-
ESTS FOR HIGHWAYS.—Section 108 of title 23, United 
States Code, is amended— 
(1) in the section heading by inserting ‘‘inter-
ests’’ after ‘‘real property’’; 
(2) in subsection (a) by inserting ‘‘interests’’ 
after ‘‘real property’’ each place it appears; and 
(3) in subsection (c)— 
(A) in the subsection heading by striking 
‘‘RIGHTS-OF-WAY’’ and inserting ‘‘REAL PROP-
ERTY INTERESTS’’; 
(B) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A) by inserting ‘‘at any time’’ after 
‘‘may be used’’; and
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† HR 4348 EAS 
(ii) in subparagraph (A)— 
(I) by striking ‘‘rights-of-way’’ the 
first place it appears and inserting 
‘‘real property interests’’; and 
(II) by striking ‘‘, if the rights-of- 
way are subsequently incorporated into 
a project eligible for surface transpor-
tation program funds’’; and 
(C) by striking paragraph (2) and inserting 
the following: 
‘‘(2) TERMS AND CONDITIONS.— 
‘‘(A) ACQUISITION OF REAL PROPERTY IN-
TERESTS.— 
‘‘(i) IN GENERAL.—Subject to the other 
provisions of this section, prior to comple-
tion of the review process for the project re-
quired by the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.), a 
public authority may carry out acquisition 
of real property interests that may be used 
for a project. 
‘‘(ii) REQUIREMENTS.—An acquisition 
under clause (i) may be authorized by 
project agreement and is eligible for Fed-
377 
† HR 4348 EAS 
eral-aid reimbursement as a project expense 
if the Secretary finds that the acquisition— 
‘‘(I) will not cause any significant 
adverse environmental impact; 
‘‘(II) will not limit the choice of 
reasonable alternatives for the project 
or otherwise influence the decision of 
the Secretary on any approval re-
quired for the project; 
‘‘(III) does not prevent the lead 
agency from making an impartial de-
cision as to whether to accept an alter-
native that is being considered in the 
environmental review process; 
‘‘(IV) is consistent with the State 
transportation planning process under 
section 135; 
‘‘(V) complies with other applica-
ble Federal laws (including regula-
tions); 
‘‘(VI) will be acquired through ne-
gotiation, without the threat of con-
demnation; and 
‘‘(VII) will not result in a reduc-
tion or elimination of benefits or as-
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† HR 4348 EAS 
sistance to a displaced person required 
by the Uniform Relocation Assistance 
and Real Property Acquisition Policies 
Act of 1970 (42 U.S.C. 4601 et seq.) 
and title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d et seq.). 
‘‘(B) DEVELOPMENT.—Real property inter-
ests acquired under this subsection may not be 
developed in anticipation of a project until all 
required environmental reviews for the project 
have been completed. 
‘‘(C) REIMBURSEMENT.—If Federal-aid re-
imbursement is made for real property interests 
acquired early under this section and the real 
property interests are not subsequently incor-
porated into a project eligible for surface trans-
portation funds within the time allowed by sub-
section (a)(2), the Secretary shall offset the 
amount reimbursed against funds apportioned to 
the State. 
‘‘(D) OTHER
CONDITIONS.—The Secretary 
may establish such other conditions or restric-
tions on acquisitions as the Secretary determines 
to be appropriate.’’.
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† HR 4348 EAS 
SEC. 1303. EFFICIENCIES IN CONTRACTING. 
(a) AUTHORITY.—Section 112(b) of title 23, United 
States Code, is amended by adding at the end the following: 
‘‘(4) CONSTRUCTION
MANAGER; GENERAL
CON-
TRACTOR.— 
‘‘(A) PROCEDURE.— 
‘‘(i) 
IN
GENERAL.—A 
contracting 
agency may award a 2-phase contract to a 
construction manager or general contractor 
for preconstruction and construction serv-
ices. 
‘‘(ii) PRECONSTRUCTION
PHASE.—In 
the preconstruction phase of a contract 
under this subparagraph, the construction 
manager shall provide the contracting agen-
cy with advice relating to scheduling, work 
sequencing, 
cost 
engineering, 
constructability, cost estimating, and risk 
identification. 
‘‘(iii) AGREEMENT TO PRICE.— 
‘‘(I) IN GENERAL.—Prior to the 
start of the second phase of a contract 
under this subparagraph, the owner 
and the construction manager may 
agree to a price for the construction of 
the project or a portion of the project.
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† HR 4348 EAS 
‘‘(II) RESULT.—If an agreement 
is reached, the construction manager 
shall become the general contractor for 
the construction of the project at the 
negotiated schedule and price. 
‘‘(B) SELECTION.—A contract shall be 
awarded to a construction manager or general 
contractor under this paragraph using a com-
petitive selection process under which the con-
tract is awarded on the basis of— 
‘‘(i) qualifications; 
‘‘(ii) experience; 
‘‘(iii) best value; or 
‘‘(iv) any other combination of factors 
considered appropriate by the contracting 
agency. 
‘‘(C) TIMING.— 
‘‘(i) IN GENERAL.—Prior to the com-
pletion of the environmental review process 
required under section 102 of the National 
Environmental Policy Act of 1969 (42 
U.S.C. 4332), a contracting agency may 
issue requests for proposals, proceed with 
the award of the first phase of construction 
manager or general contractor contract, and
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† HR 4348 EAS 
issue notices to proceed with preliminary 
design, to the extent that those actions do 
not limit any reasonable range of alter-
natives. 
‘‘(ii) NEPA PROCESS.— 
‘‘(I) IN GENERAL.—A contracting 
agency shall not proceed with the 
award of the second phase, and shall 
not proceed, or permit any consultant 
or contractor to proceed, with final de-
sign or construction until completion 
of the environmental review process re-
quired under section 102 of the Na-
tional Environmental Policy Act of 
1969 (42 U.S.C. 4332). 
‘‘(II) REQUIREMENT.—The Sec-
retary shall require that a contract in-
clude appropriate provisions to ensure 
achievement of the objectives of section 
102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332) 
and compliance with other applicable 
Federal laws and regulations occurs.
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† HR 4348 EAS 
‘‘(iii) SECRETARIAL APPROVAL.—Prior 
to authorizing construction activities, the 
Secretary shall approve— 
‘‘(I) the estimate of the con-
tracting agency for the entire project; 
and 
‘‘(II) any price agreement with 
the general contractor for the project or 
a portion of the project. 
‘‘(iv) TERMINATION
PROVISION.—The 
Secretary shall require a contract to include 
an appropriate termination provision in 
the event that a no-build alternative is se-
lected.’’. 
(b) REGULATIONS.—The Secretary shall promulgate 
such regulations as are necessary to carry out the amend-
ment made by subsection (a). 
(c) EFFECT ON EXPERIMENTAL PROGRAM.—Nothing 
in this section or the amendment made by this section af-
fects the authority to carry out, or any project carried out 
under, any experimental program concerning construction 
manager risk that is being carried out by the Secretary as 
of the date of enactment of this Act. 
SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS. 
(a) DECLARATION OF POLICY.—
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† HR 4348 EAS 
(1) IN GENERAL.—Congress declares that it is in 
the national interest to promote the use of innovative 
technologies and practices that increase the efficiency 
of construction of, improve the safety of, and extend 
the service life of highways and bridges. 
(2) INCLUSIONS.—The innovative technologies 
and practices described in paragraph (1) include 
state-of-the-art intelligent transportation system tech-
nologies, elevated performance standards, and new 
highway construction business practices that improve 
highway safety and quality, accelerate project deliv-
ery, and reduce congestion related to highway con-
struction. 
(b) FEDERAL SHARE.—Section 120(c) of title 23, 
United States Code, is amended by adding at the end the 
following: 
‘‘(3) INNOVATIVE PROJECT DELIVERY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (C), the Federal share payable on 
account of a project or activity carried out with 
funds apportioned under paragraph (1), (2), or 
(5) of section 104(b) may, at the discretion of the 
State, be up to 100 percent for any such project, 
program, or activity that the Secretary deter-
mines—
384 
† HR 4348 EAS 
‘‘(i) contains innovative project deliv-
ery methods that improve work zone safety 
for motorists or workers and the quality of 
the facility; 
‘‘(ii) contains innovative technologies, 
manufacturing processes, financing, or con-
tracting methods that improve the quality, 
extend the service life, or decrease the long- 
term costs of maintaining highways and 
bridges; 
‘‘(iii) accelerates project delivery while 
complying with other applicable Federal 
laws (including regulations) and not caus-
ing any significant adverse environmental 
impact; or 
‘‘(iv) reduces congestion related to 
highway construction. 
‘‘(B) EXAMPLES.—Projects, programs, and 
activities described in subparagraph (A) may in-
clude the use of— 
‘‘(i) prefabricated bridge elements and 
systems and other technologies to reduce 
bridge construction time; 
‘‘(ii) innovative construction equip-
ment, materials, or techniques, including
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† HR 4348 EAS 
the use of in-place recycling technology and 
digital 3-dimensional modeling technologies; 
‘‘(iii) innovative contracting methods, 
including the design-build and the construc-
tion manager-general contractor contracting 
methods; 
‘‘(iv) intelligent compaction equip-
ment; or 
‘‘(v) contractual provisions that offer a 
contractor an incentive payment for early 
completion of the project, program, or activ-
ity, subject to the condition that the incen-
tives are accounted for in the financial plan 
of the project, when applicable. 
‘‘(C) LIMITATIONS.— 
‘‘(i) IN GENERAL.—In each fiscal year, 
a State may use the authority under sub-
paragraph (A) for up to 10 percent of the 
combined apportionments of the State under 
paragraphs (1), (2), and (5) of section 
104(b). 
‘‘(ii) FEDERAL SHARE INCREASE.—The 
Federal share payable on account of a 
project or activity described in subpara-
386 
† HR 4348 EAS 
graph (A) may be increased by up to 5 per-
cent of the total project cost.’’. 
SEC. 1305. ASSISTANCE TO AFFECTED STATE AND FEDERAL 
AGENCIES. 
Section 139(j) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(6) MEMORANDUM OF UNDERSTANDING.—Prior 
to providing funds approved by the Secretary for 
dedicated staffing at an affected Federal agency under 
paragraphs (1) and (2), the affected Federal agency 
and the State agency shall enter into a memorandum 
of understanding that establishes the projects and pri-
orities to be addressed by the use of the funds.’’. 
SEC. 1306. APPLICATION OF CATEGORICAL EXCLUSIONS 
FOR MULTIMODAL PROJECTS. 
(a) IN GENERAL.—Section 304 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 304. Application of categorical exclusions for 
multimodal projects 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COOPERATING AUTHORITY.—The term ‘co-
operating authority’ means a Department of Trans-
portation operating authority that is not the lead au-
thority.
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† HR 4348 EAS 
‘‘(2) LEAD AUTHORITY.—The term ‘lead author-
ity’ means a Department of Transportation operating 
administration or secretarial office that— 
‘‘(A) is the lead authority over a proposed 
multimodal project; and 
‘‘(B) has determined that the components of 
the project that fall under the modal expertise of 
the lead authority— 
‘‘(i) satisfy the conditions for a cat-
egorical exclusion under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) implementing regulations or 
procedures of the lead authority; and 
‘‘(ii) do not require the preparation of 
an environmental assessment or an environ-
mental impact statement under that Act. 
‘‘(3) 
MULTIMODAL
PROJECT.—The 
term 
‘multimodal project’ has the meaning given the term 
in section 139(a) of title 23. 
‘‘(b) EXERCISE
OF AUTHORITIES.—The authorities 
granted in this section may be exercised for a multimodal 
project, class of projects, or program of projects that are 
carried out under this title. 
‘‘(c) APPLICATION OF CATEGORICAL EXCLUSIONS FOR 
MULTIMODAL PROJECTS.—When considering the environ-
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† HR 4348 EAS 
mental impacts of a proposed multimodal project, a lead 
authority may apply a categorical exclusion designated 
under the implementing regulations or procedures of a co-
operating authority for other components of the project, on 
the conditions that— 
‘‘(1) the multimodal project is funded under 1 
grant agreement administered by the lead authority; 
‘‘(2) the multimodal project has components that 
require the expertise of a cooperating authority to as-
sess the environmental impacts of the components; 
‘‘(3) the component of the project to be covered 
by the categorical exclusion of the cooperating author-
ity has independent utility; 
‘‘(4) the cooperating authority, in consultation 
with the lead authority, follows National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
implementing regulations or procedures and deter-
mines that a categorical exclusion under that Act ap-
plies to the components; and 
‘‘(5) the lead authority has determined that— 
‘‘(A) the project, using the categorical exclu-
sions of the lead and cooperating authorities, 
does not individually or cumulatively have a sig-
nificant impact on the environment; and
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‘‘(B) extraordinary circumstances do not 
exist that merit further analysis and documenta-
tion in an environmental impact statement or 
environmental assessment required under the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
‘‘(d) MODAL COOPERATION.— 
‘‘(1) IN
GENERAL.—A cooperating authority 
shall provide modal expertise to a lead authority with 
administrative authority over a multimodal project 
on such aspects of the project in which the cooperating 
authority has expertise. 
‘‘(2) USE OF CATEGORICAL EXCLUSION.—In a 
case described in paragraph (1), the 1 or more cat-
egorical exclusions of a cooperating authority may be 
applied by the lead authority once the cooperating 
authority reviews the project on behalf of the lead au-
thority and determines the project satisfies the condi-
tions for a categorical exclusion under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) implementing regulations or procedures of the 
cooperating authority and this section.’’. 
(b) CONFORMING AMENDMENT.—The item relating to 
section 304 in the analysis for title 49, United States Code, 
is amended to read as follows: 
‘‘304. Application of categorical exclusions for multimodal projects.’’.
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SEC. 1307. STATE ASSUMPTION OF RESPONSIBILITIES FOR 
CATEGORICAL EXCLUSIONS. 
Section 326 of title 23, United States Code, is amend-
ed— 
(1) by striking subsection (d) and inserting the 
following: 
‘‘(d) TERMINATION.— 
‘‘(1) TERMINATION
BY
THE
SECRETARY.—The 
Secretary may terminate any assumption of responsi-
bility under a memorandum of understanding on a 
determination that the State is not adequately car-
rying out the responsibilities assigned to the State. 
‘‘(2) TERMINATION BY THE STATE.—The State 
may terminate the participation of the State in the 
program at any time by providing to the Secretary 
a notice by not later than the date that is 90 days 
before the date of termination, and subject to such 
terms and conditions as the Secretary may provide.’’; 
and 
(2) by adding at the end the following: 
‘‘(f) LEGAL FEES.—A State assuming the responsibil-
ities of the Secretary under this section for a specific project 
may use funds apportioned to the State under section 
104(b)(2) for attorneys fees directly attributable to eligible 
activities associated with the project.’’.
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SEC. 1308. SURFACE TRANSPORTATION PROJECT DELIVERY 
PROGRAM. 
(a) IN GENERAL.—Section 327 of title 23, United 
States Code, is amended— 
(1) in the section heading by striking ‘‘PILOT’’; 
(2) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘pilot’’; 
and 
(B) in paragraph (2)— 
‘‘(i) in subparagraph (B)— 
‘‘(I) in clause (i), by striking 
‘but’; and 
‘‘(II) by striking clause (ii) and 
inserting the following: 
‘‘(ii) at the request of the State, the 
Secretary may also assign to the State, and 
the State may assume, the responsibilities of 
the Secretary with respect to 1 or more rail-
road, public transportation, or multimodal 
projects within the State under the National 
Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); 
‘‘(iii) in a State that has assumed the 
responsibilities of the Secretary under 
clause (ii), a recipient of assistance under 
chapter 53 of title 49 may request that the
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Secretary maintain the responsibilities of 
the Secretary with respect to 1 or more pub-
lic transportation projects within the State 
under the National Environmental Policy 
Act of 1969 (42 U.S.C. 13 4321 et seq.); but 
‘‘(iv) the Secretary may not assign— 
‘‘(I) any responsibility imposed 
on the Secretary by section 134 or 135; 
or 
‘‘(II) responsibility for any con-
formity determination required under 
section 176 of the Clean Air Act (42 
U.S.C. 7506).’’; and 
(i) by adding at the end the following: 
‘‘(F) LEGAL FEES.—A State assuming the 
responsibilities of the Secretary under this sec-
tion for a specific project may use funds appor-
tioned to the State under section 104(b)(2) for 
attorneys fees directly attributable to eligible ac-
tivities associated with the project.’’; 
(3) in subsection (b)— 
(A) by striking paragraph (1); 
(B) 
by 
redesignating 
paragraphs 
(2) 
through (5) as paragraphs (1) through (4), re-
spectively; and
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(C) in subparagraph (A) of paragraph (3) 
(as so redesignated) by striking ‘‘(2)’’ and insert-
ing ‘‘(1)’’; 
(4) in subsection (c)— 
(A) in paragraph (3)(D) by striking the pe-
riod at the end and inserting a semicolon; and 
(B) by adding at the end the following: 
‘‘(4) require the State to provide to the Secretary 
any information the Secretary considers necessary to 
ensure that the State is adequately carrying out the 
responsibilities assigned to the State; 
‘‘(5) require the Secretary— 
‘‘(A) after a period of 5 years, to evaluate 
the ability of the State to carry out the responsi-
bility assumed under this section; 
‘‘(B) if the Secretary determines that the 
State is not ready to effectively carry out the re-
sponsibilities the State has assumed, to reevalu-
ate the readiness of the State every 3 years, or 
at such other frequency as the Secretary con-
siders appropriate, after the initial 5-year eval-
uation, until the State is ready to assume the re-
sponsibilities on a permanent basis; and 
‘‘(C) once the Secretary determines that the 
State is ready to permanently assume the re-
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† HR 4348 EAS 
sponsibilities of the Secretary, not to require any 
further evaluations; and 
‘‘(6) require the State to provide the Secretary 
with any information, including regular written re-
ports, as the Secretary may require in conducting 
evaluations under paragraph (5).’’; 
(5) by striking subsection (g); 
(6) by redesignating subsections (h) and (i) as 
subsections (g) and (h), respectively; and 
(7) in subsection (h) (as so redesignated)— 
(A) by striking paragraph (1); 
(B) by redesignating paragraph (2) as 
paragraph (1); and 
(C) by inserting after paragraph (1) (as so 
redesignated) the following: 
‘‘(2) TERMINATION BY THE STATE.—The State 
may terminate the participation of the State in the 
program at any time by providing to the Secretary 
a notice by not later than the date that is 90 days 
before the date of termination, and subject to such 
terms and conditions as the Secretary may provide.’’. 
(b) CONFORMING AMENDMENT.—The item relating to 
section 327 in the analysis of title 23, United States Code, 
is amended to read as follows: 
‘‘327. Surface transportation project delivery program.’’.
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SEC. 1309. CATEGORICAL EXCLUSION FOR PROJECTS WITH-
IN THE RIGHT-OF-WAY. 
(a) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, the Secretary shall publish 
a notice of proposed rulemaking for a categorical exclusion 
that meets the definitions (as in effect on that date) of sec-
tion 1508.4 of title 40, Code of Federal Regulations, and 
section 771.117 of title 23, Code of Federal Regulations, for 
a project (as defined in section 101(a) of title 23, United 
States Code)— 
(1) that is located solely within the right-of-way 
of an existing highway, such as new turn lanes and 
bus pull-offs; 
(2) that does not include the addition of a 
through lane or new interchange; and 
(3) for which the project sponsor demonstrates 
that the project— 
(A) is intended to improve safety, alleviate 
congestion, or improve air quality; or 
(B) would improve or maintain pavement 
or structural conditions or achieve a state of 
good repair. 
(b) NOTICE.—Not later than 60 days after the date of 
enactment of this Act, the Secretary shall publish a notice 
of proposed rulemaking to further define and implement 
subsection (a) within subsection (c) or (d) of section 771.117
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† HR 4348 EAS 
of title 23, Code of Federal Regulations (as in effect on the 
date of enactment of the MAP–21). 
SEC. 1310. PROGRAMMATIC AGREEMENTS AND ADDITIONAL 
CATEGORICAL EXCLUSIONS. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Secretary shall— 
(1) survey the use by the Department of Trans-
portation of categorical exclusions in transportation 
projects since 2005; 
(2) publish a review of the survey that includes 
a description of— 
(A) the types of actions categorically ex-
cluded; and 
(B) any requests previously received by the 
Secretary for new categorical exclusions; and 
(3) solicit requests from State departments of 
transportation, 
transit 
authorities, 
metropolitan 
planning organizations, or other government agencies 
for new categorical exclusions. 
(b) NEW CATEGORICAL EXCLUSIONS.—Not later than 
120 days after the date of enactment of this Act, the Sec-
retary shall publish a notice of proposed rulemaking to pro-
pose new categorical exclusions received by the Secretary 
under subsection (a), to the extent that the categorical exclu-
sions meet the criteria for a categorical exclusion under sec-
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† HR 4348 EAS 
tion 1508.4 of title 40, Code of Federal Regulations and 
section 771.117(a) of title 23, Code of Federal Regulations 
(as those regulations are in effect on the date of the notice). 
(c) ADDITIONAL ACTIONS.—The Secretary shall issue 
a proposed rulemaking to move the following types of ac-
tions from subsection (d) of section 771.117 of title 23, Code 
of Federal Regulations (as in effect on the date of enactment 
of this Act), to subsection (c) of that section, to the extent 
that such movement complies with the criteria for a categor-
ical exclusion under section 1508.4 of title 40, Code of Fed-
eral Regulations (as in effect on the date of enactment of 
this Act): 
(1) Modernization of a highway by resurfacing, 
restoration, rehabilitation, reconstruction, adding 
shoulders, or adding auxiliary lanes (including park-
ing, weaving, turning, and climbing). 
(2) Highway safety or traffic operations im-
provement projects, including the installation of ramp 
metering control devices and lighting. 
(3) Bridge rehabilitation, reconstruction, or re-
placement or the construction of grade separation to 
replace existing at-grade railroad crossings. 
(d) PROGRAMMATIC AGREEMENTS.— 
(1) IN GENERAL.—The Secretary shall seek op-
portunities to enter into programmatic agreements
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† HR 4348 EAS 
with the States that establish efficient administrative 
procedures for carrying out environmental and other 
required project reviews. 
(2) INCLUSIONS.—Programmatic agreements au-
thorized under paragraph (1) may include agreements 
that allow a State to determine on behalf of the Fed-
eral Highway Administration whether a project is 
categorically excluded from the preparation of an en-
vironmental assessment or environmental impact 
statement under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
(3) DETERMINATIONS.—An agreement described 
in paragraph (2) may include determinations by the 
Secretary of the types of projects categorically ex-
cluded (consistent with section 1508.4 of title 40, Code 
of Federal Regulations) in the State in addition to 
the types listed in subsections (c) and (d) of section 
771.117 of title 23, Code of Federal Regulations (as 
in effect on the date of enactment of this Act). 
SEC. 1311. ACCELERATED DECISIONMAKING IN ENVIRON-
MENTAL REVIEWS. 
(a) IN GENERAL.—When preparing a final environ-
mental impact statement under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the 
lead agency makes changes in response to comments that
399 
† HR 4348 EAS 
are minor and are confined to factual corrections or expla-
nations of why the comments do not warrant further agency 
response, the lead agency may write on errata sheets at-
tached to the statement instead of rewriting the draft state-
ment, on the condition that the errata sheets— 
(1) cite the sources, authorities, or reasons that 
support the position of the agency; and 
(2) if appropriate, indicate the circumstances 
that would trigger agency reappraisal or further re-
sponse. 
(b) INCORPORATION.—To the maximum extent prac-
ticable, the lead agency shall expeditiously develop a single 
document that consists of a final environmental impact 
statement and a record of decision unless— 
(1) the final environmental impact statement 
makes substantial changes to the proposed action that 
are relevant to environmental or safety concerns; or 
(2) there are significant new circumstances or 
information relevant to environmental concerns and 
that bear on the proposed action or the impacts of the 
proposed action. 
SEC. 1312. MEMORANDA OF AGENCY AGREEMENTS FOR 
EARLY COORDINATION. 
(a) IN GENERAL.—It is the sense of Congress that—
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† HR 4348 EAS 
(1) the Secretary and other Federal agencies 
with relevant jurisdiction in the environmental re-
view process should cooperate with each other and 
other agencies on environmental review and project 
delivery activities at the earliest practicable time to 
avoid delays and duplication of effort later in the 
process, head off potential conflicts, and ensure that 
planning and project development decisions reflect en-
vironmental values; and 
(2) such cooperation should include the develop-
ment of policies and the designation of staff that ad-
vise planning agencies or project sponsors of studies 
or other information foreseeably required for later 
Federal action and early consultation with appro-
priate State and local agencies and Indian tribes. 
(b) TECHNICAL ASSISTANCE.—If requested at any time 
by a State or local planning agency, the Secretary and 
other Federal agencies with relevant jurisdiction in the en-
vironmental review process, shall, to the extent practicable 
and appropriate, as determined by the agencies, provide 
technical assistance to the State or local planning agency 
on accomplishing the early coordination activities described 
in subsection (d). 
(c) MEMORANDUM OF AGENCY AGREEMENT.—If re-
quested at any time by a State or local planning agency,
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† HR 4348 EAS 
the lead agency, in consultation with other Federal agencies 
with relevant jurisdiction in the environmental review proc-
ess, may establish memoranda of agreement with the project 
sponsor, State, and local governments and other appro-
priate entities to accomplish the early coordination activi-
ties described in subsection (d). 
(d) EARLY COORDINATION ACTIVITIES.—Early coordi-
nation activities shall include, to the maximum extent prac-
ticable, the following: 
(1) Technical assistance on identifying potential 
impacts and mitigation issues in an integrated fash-
ion. 
(2) The potential appropriateness of using plan-
ning products and decisions in later environmental 
reviews. 
(3) The identification and elimination from de-
tailed study in the environmental review process of 
the issues that are not significant or that have been 
covered by prior environmental reviews. 
(4) The identification of other environmental re-
view and consultation requirements so that the lead 
and cooperating agencies may prepare, as appro-
priate, other required analyses and studies concur-
rently with planning activities.
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† HR 4348 EAS 
(5) The identification by agencies with jurisdic-
tion over any permits related to the project of any 
and all relevant information that will reasonably be 
required for the project. 
(6) The reduction of duplication between require-
ments under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) and State and local 
planning and environmental review requirements, un-
less the agencies are specifically barred from doing so 
by applicable law. 
(7) Timelines for the completion of agency ac-
tions during the planning and environmental review 
processes. 
(8) Other appropriate factors. 
SEC. 1313. ACCELERATED DECISIONMAKING. 
Section 139(h) of title 23, United States Code, is 
amended by striking paragraph (4) and inserting the fol-
lowing: 
‘‘(4) INTERIM DECISION ON ACHIEVING ACCELER-
ATED DECISIONMAKING.— 
‘‘(A) IN GENERAL.—Not later than 30 days 
after the close of the public comment period on 
a draft environmental impact statement, the Sec-
retary may convene a meeting with the project 
sponsor, lead agency, resource agencies, and any
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† HR 4348 EAS 
relevant State agencies to ensure that all parties 
are on schedule to meet deadlines for decisions to 
be made regarding the project. 
‘‘(B) DEADLINES.—The deadlines referred 
to in subparagraph (A) shall be those established 
under subsection (g), or any other deadlines es-
tablished by the lead agency, in consultation 
with the project sponsor and other relevant agen-
cies. 
‘‘(C) FAILURE TO ASSURE.—If the relevant 
agencies cannot provide reasonable assurances 
that the deadlines described in subparagraph (B) 
will be met, the Secretary may initiate the issue 
resolution and referral process described under 
paragraph (5) and before the completion of the 
record of decision. 
‘‘(5) ACCELERATED ISSUE RESOLUTION AND RE-
FERRAL.— 
‘‘(A) AGENCY
ISSUE
RESOLUTION
MEET-
ING.— 
‘‘(i) IN GENERAL.—A Federal agency 
of jurisdiction, project sponsor, or the Gov-
ernor of a State in which a project is lo-
cated may request an issue resolution meet-
ing to be conducted by the lead agency.
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† HR 4348 EAS 
‘‘(ii) ACTION BY LEAD AGENCY.—The 
lead agency shall convene an issue resolu-
tion meeting under clause (i) with the rel-
evant participating agencies and the project 
sponsor, including the Governor only if the 
meeting was requested by the Governor, to 
resolve issues that could— 
‘‘(I) delay completion of the envi-
ronmental review process; or 
‘‘(II) result in denial of any ap-
provals required for the project under 
applicable laws. 
‘‘(iii) DATE.—A meeting requested 
under this subparagraph shall be held by 
not later than 21 days after the date of re-
ceipt of the request for the meeting, unless 
the lead agency determines that there is 
good cause to extend the time for the meet-
ing. 
‘‘(iv) NOTIFICATION.—On receipt of a 
request for a meeting under this subpara-
graph, the lead agency shall notify all rel-
evant participating agencies of the request, 
including the issue to be resolved, and the 
date for the meeting.
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† HR 4348 EAS 
‘‘(v) DISPUTES.—If a relevant partici-
pating agency with jurisdiction over an ap-
proval required for a project under applica-
ble law determines that the relevant infor-
mation necessary to resolve the issue has not 
been obtained and could not have been ob-
tained within a reasonable time, but the 
lead agency disagrees, the resolution of the 
dispute shall be forwarded to the heads of 
the relevant agencies for resolution. 
‘‘(vi) CONVENTION BY LEAD AGENCY.— 
A lead agency may convene an issue resolu-
tion meeting under this subsection at any 
time without the request of the Federal 
agency of jurisdiction, project sponsor, or 
the Governor of a State. 
‘‘(B) ELEVATION OF ISSUE RESOLUTION.— 
‘‘(i) IN GENERAL.—If issue resolution 
is not achieved by not later than 30 days 
after the date of a relevant meeting under 
subparagraph (A), the Secretary shall no-
tify the lead agency, the heads of the rel-
evant 
participating 
agencies, 
and 
the 
project sponsor (including the Governor 
only if the initial issue resolution meeting
406 
† HR 4348 EAS 
request came from the Governor) that an 
issue resolution meeting will be convened. 
‘‘(ii) REQUIREMENTS.—The Secretary 
shall identify the issues to be addressed at 
the meeting and convene the meeting not 
later than 30 days after the date of issuance 
of the notice. 
‘‘(C) REFERRAL OF ISSUE RESOLUTION.— 
‘‘(i) REFERRAL TO COUNCIL ON ENVI-
RONMENTAL QUALITY.— 
‘‘(I) IN
GENERAL.—If resolution 
is not achieved by not later than 30 
days after the date of an issue resolu-
tion meeting under subparagraph (B), 
the Secretary shall refer the matter to 
the Council on Environmental Quality. 
‘‘(II) MEETING.—Not later than 
30 days after the date of receipt of a 
referral from the Secretary under sub-
clause (I), the Council on Environ-
mental Quality shall hold an issue res-
olution meeting with the lead agency, 
the heads of relevant participating 
agencies, and the project sponsor (in-
cluding the Governor only if an initial
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† HR 4348 EAS 
request for an issue resolution meeting 
came from the Governor). 
‘‘(ii) REFERRAL TO THE PRESIDENT.— 
If a resolution is not achieved by not later 
than 30 days after the date of the meeting 
convened by the Council on Environmental 
Quality under clause (i)(II), the Secretary 
shall refer the matter directly to the Presi-
dent. 
‘‘(6) FINANCIAL TRANSFER PROVISIONS.— 
‘‘(A) IN GENERAL.—A Federal agency of ju-
risdiction over an approval required for a 
project under applicable laws shall complete any 
required approval on an expeditious basis using 
the shortest existing applicable process. 
‘‘(B) FAILURE TO DECIDE.— 
‘‘(i) IN GENERAL.—If an agency de-
scribed in subparagraph (A) fails to render 
a decision under any Federal law relating 
to a project that requires the preparation of 
an environmental impact statement or envi-
ronmental 
assessment, 
including 
the 
issuance or denial of a permit, license, or 
other approval by the date described in 
clause (ii), the agency shall transfer from
408 
† HR 4348 EAS 
the applicable office of the head of the agen-
cy, or equivalent office to which the author-
ity for rendering the decision has been dele-
gated by law, to the agency or division 
charged with rendering a decision regarding 
the application, by not later than 1 day 
after the applicable date under clause (ii), 
and once each week thereafter until a final 
decision is rendered, subject to subpara-
graph (C)— 
‘‘(I) $20,000 for any project for 
which an annual financial plan under 
section 106(i) is required; or 
‘‘(II) 
$10,000 
for 
any 
other 
project requiring preparation of an en-
vironmental assessment or environ-
mental impact statement. 
‘‘(ii) DESCRIPTION
OF
DATE.—The 
date referred to in clause (i) is the later 
of— 
‘‘(I) the date that is 180 days 
after the date on which an application 
for the permit, license, or approval is 
complete; and
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† HR 4348 EAS 
‘‘(II) the date that is 180 days 
after the date on which the Federal 
lead agency issues a decision on the 
project under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
‘‘(C) LIMITATIONS.— 
‘‘(i) IN
GENERAL.—No transfer of 
funds under subparagraph (B) relating to 
an individual project shall exceed, in any 
fiscal year, an amount equal to 1 percent of 
the funds made available for the applicable 
agency office. 
‘‘(ii) FAILURE TO DECIDE.—The total 
amount transferred in a fiscal year as a re-
sult of a failure by an agency to make a de-
cision by an applicable deadline shall not 
exceed an amount equal to 5 percent of the 
funds made available for the applicable 
agency office for that fiscal year. 
‘‘(D) TREATMENT.—The transferred funds 
shall only be available to the agency or division 
charged with rendering the decision as addi-
tional resources, pursuant to subparagraph (F).
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† HR 4348 EAS 
‘‘(E) NO FAULT OF AGENCY.—A transfer of 
funds under this paragraph shall not be made if 
the agency responsible for rendering the decision 
certifies that— 
‘‘(i) the agency has not received nec-
essary information or approvals from an-
other entity, such as the project sponsor, in 
a manner that affects the ability of the 
agency to meet any requirements under 
State, local, or Federal law; or 
‘‘(ii) significant new information or 
circumstances, including a major modifica-
tion to an aspect of the project, requires ad-
ditional analysis for the agency to make a 
decision on the project application. 
‘‘(F) TREATMENT OF FUNDS.— 
‘‘(i) IN GENERAL.—Funds transferred 
under this paragraph shall supplement re-
sources available to the agency or division 
charged with making a decision for the pur-
pose of expediting permit reviews. 
‘‘(ii) 
AVAILABILITY.—Funds 
trans-
ferred under this paragraph shall be avail-
able for use or obligation for the same pe-
riod that the funds were originally author-
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† HR 4348 EAS 
ized or appropriated, plus 1 additional fis-
cal year. 
‘‘(iii) LIMITATION.—The Federal agen-
cy with jurisdiction for the decision that 
has transferred the funds pursuant to this 
paragraph shall not reprogram funds to the 
office of the head of the agency, or equiva-
lent office, to reimburse that office for the 
loss of the funds. 
‘‘(G) AUDITS.—In any fiscal year in which 
any Federal agency transfers funds pursuant to 
this paragraph, the Inspector General of that 
agency shall— 
‘‘(i) conduct an audit to assess compli-
ance with the requirements of this para-
graph; and 
‘‘(ii) not later than 120 days after the 
end of the fiscal year during which the 
transfer occurred, submit to the Committee 
on Environment and Public Works of the 
Senate and any other appropriate congres-
sional committees a report describing the 
reasons why the transfers were levied, in-
cluding allocations of resources.
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† HR 4348 EAS 
‘‘(H) EFFECT OF PARAGRAPH.—Nothing in 
this paragraph affects or limits the application 
of, or obligation to comply with, any Federal, 
State, local, or tribal law. 
‘‘(I) AUTHORITY FOR INTRA-AGENCY TRANS-
FER
OF
FUNDS.—The requirement provided 
under this paragraph for a Federal agency to 
transfer or reallocate funds of the Federal agency 
in accordance with subparagraph (B)(i)— 
‘‘(i) shall be treated by the Federal 
agency as a requirement and authority con-
sistent with any applicable original law es-
tablishing and authorizing the agency; but 
‘‘(ii) does not provide to the Federal 
agency the authority to require or determine 
the intra-agency transfer or reallocation of 
funds that are provided to or are within 
any other Federal agency. 
‘‘(7) EXPEDIENT DECISIONS AND REVIEWS.—To 
ensure that Federal environmental decisions and re-
views are expeditiously made— 
‘‘(A) adequate resources made available 
under this title shall be devoted to ensuring that 
applicable environmental reviews under the Na-
tional Environmental Policy Act of 1969 (42
413 
† HR 4348 EAS 
U.S.C. 4321 et seq.) are completed on an expedi-
tious basis and that the shortest existing applica-
ble process under that Act is implemented; and 
‘‘(B) the President shall submit to the Com-
mittee on Transportation and Infrastructure of 
the House of Representatives and the Committee 
on Environment and Public Works of the Senate, 
not less frequently than once every 120 days 
after the date of enactment of the MAP–21, a re-
port on the status and progress of the following 
projects and activities funded under this title 
with respect to compliance with applicable re-
quirements under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.): 
‘‘(i) Projects and activities required to 
prepare an annual financial plan under 
section 106(i). 
‘‘(ii) A sample of not less than 5 per-
cent of the projects requiring preparation of 
an environmental impact statement or envi-
ronmental assessment in each State.’’. 
SEC. 1314. ENVIRONMENTAL PROCEDURES INITIATIVE. 
(a) ESTABLISHMENT.—For grant programs under 
which funds are distributed by formula by the Department 
of Transportation, the Secretary shall establish an initia-
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† HR 4348 EAS 
tive to review and develop consistent procedures for environ-
mental permitting and procurement requirements. 
(b) REPORT.—The Secretary shall publish the results 
of the initiative described in subsection (a) in an electroni-
cally accessible format. 
SEC. 1315. ALTERNATIVE RELOCATION PAYMENT DEM-
ONSTRATION PROGRAM. 
(a) PAYMENT DEMONSTRATION PROGRAM.— 
(1) IN GENERAL.—Except as otherwise provided 
in this section, for the purpose of identifying improve-
ments in the timeliness of providing relocation assist-
ance to persons displaced by Federal or federally as-
sisted programs and projects, the Secretary may allow 
not more than 5 States to participate in an alter-
native relocation payment demonstration program 
under which payments to displaced persons eligible 
for relocation assistance pursuant to the Uniform Re-
location Assistance and Real Property Acquisition 
Policies Act of 1970 (42 U.S.C. 4601 et seq.) (includ-
ing implementing regulations), are calculated based 
on reasonable estimates and paid in advance of the 
physical displacement of the displaced person. 
(2) TIMING
OF
PAYMENTS.—Relocation assist-
ance payments for projects carried out under an ap-
proved State demonstration program may be provided
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† HR 4348 EAS 
to the displaced person at the same time as payments 
of just compensation for real property acquired for 
the program or project of the State. 
(3) COMBINING OF PAYMENTS.—Payments for re-
location and just compensation may be combined into 
a single unallocated amount. 
(b) CRITERIA.— 
(1) IN GENERAL.—After public notice and an op-
portunity to comment, the Secretary shall adopt cri-
teria for carrying out the alternative relocation pay-
ment demonstration program. 
(2) CONDITIONS.— 
(A) IN
GENERAL.—Conditions for State 
participation in the demonstration program 
shall include the conditions described in sub-
paragraphs (B) through (E). 
(B) MEMORANDUM
OF
AGREEMENT.—A 
State wishing to participate in the demonstra-
tion program shall be required to enter into a 
memorandum of agreement with the Secretary 
that includes provisions relating to— 
(i) the selection of projects or programs 
within the State to which the alternative re-
location payment process will be applied;
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(ii) program and project-level moni-
toring; 
(iii) performance measurement; 
(iv) reporting; and 
(v) the circumstances under which the 
Secretary may terminate the demonstration 
program of the State before the end of the 
program term. 
(C) TERM OF DEMONSTRATION PROGRAM.— 
Except as provided in subparagraph (B)(v), the 
demonstration program of the State may con-
tinue for up to 3 years after the date on which 
the Secretary executes the memorandum of agree-
ment. 
(D) DISPLACED PERSONS.— 
(i) IN
GENERAL.—Displaced persons 
affected by a project included in the dem-
onstration program of the State shall be in-
formed in writing in a format that is clear 
and easily understandable that the reloca-
tion payments that the displaced persons re-
ceive under the demonstration program may 
be higher or lower than the amount that the 
displaced persons would receive under the 
standard relocation assistance process.
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(ii) 
ALTERNATIVE
PROCESS.—Dis-
placed persons shall be informed— 
(I) of the right of the displaced 
persons not to participate in the dem-
onstration program; and 
(II) that the alternative relocation 
payment process can be used only if 
the displaced person agrees in writing. 
(iii) 
ASSISTANCE.—The 
displacing 
agency shall provide any displaced person 
who elects not to participate in the dem-
onstration program with relocation assist-
ance in accordance with the Uniform Relo-
cation Assistance and Real Property Acqui-
sition Policies Act of 1970 (42 U.S.C. 4601 
et seq.) (including implementing regula-
tions). 
(E) OTHER DISPLACEMENTS.— 
(i) IN
GENERAL.—If other Federal 
agencies plan displacements in or adjacent 
to a demonstration program project area 
within the same time period as the project 
acquisition and relocation actions of the 
demonstration program, the Secretary shall
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† HR 4348 EAS 
adopt measures to protect against incon-
sistent treatment of displaced persons. 
(ii) INCLUSION.—Measures described 
in clause (i) may include a determination 
that the demonstration program authority 
may not be used on a particular project. 
(c) REPORT.— 
(1) IN GENERAL.—The Secretary shall submit to 
Congress— 
(A) at least every 18 months after the date 
of enactment of this Act, a report on the progress 
and results of the demonstration program; and 
(B) not later than 1 year after all State 
demonstration programs have ended, a final re-
port. 
(2) REQUIREMENTS.—The final report shall in-
clude an evaluation by the Secretary of the merits of 
the alternative relocation payment demonstration 
program, including the effects of the demonstration 
program on— 
(A) displaced persons and the protections 
afforded to displaced persons by the Uniform Re-
location Assistance and Real Property Acquisi-
tion Policies Act of 1970 (42 U.S.C. 4601 et 
seq.);
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(B) the efficiency of the delivery of Federal- 
aid highway projects and overall effects on the 
Federal-aid highway program; and 
(C) the achievement of the purposes of the 
Uniform Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970 (42 U.S.C. 
4601 et seq.). 
(d) LIMITATION.—The authority of this section may 
be used only on projects funded under title 23, United 
States Code, in cases in which the funds are administered 
by the Federal Highway Administration. 
(e) AUTHORITY.—The authority of the Secretary to ap-
prove an alternate relocation payment demonstration pro-
gram for a State terminates on the date that is 3 years 
after the date of enactment of this Act 
SEC. 1316. REVIEW OF FEDERAL PROJECT AND PROGRAM 
DELIVERY. 
(a) COMPLETION
TIME
ASSESSMENTS
AND
RE-
PORTS.— 
(1) IN
GENERAL.—For projects funded under 
title 23, United States Code, the Secretary shall com-
pare— 
(A)(i) the completion times of categorical 
exclusions, environmental assessments, and envi-
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† HR 4348 EAS 
ronmental impact statements initiated after cal-
endar year 2005; to 
(ii) the completion times of categorical ex-
clusions, environmental assessments, and envi-
ronmental impact statements initiated during a 
period prior to calendar year 2005; and 
(B)(i) the completion times of categorical 
exclusions, environmental assessments, and envi-
ronmental impact statements initiated during 
the period beginning on January 1, 2005, and 
ending on the date of enactment of this Act; to 
(ii) the completion times of categorical ex-
clusions, environmental assessments, and envi-
ronmental impact statements initiated after the 
date of enactment of this Act. 
(2) REPORT.—The Secretary 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 re-
port— 
(A) not later than 1 year after the date of 
enactment of this Act that— 
(i) describes the results of the review 
conducted under paragraph (1)(A); and
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(ii) identifies any change in the timing 
for completions, including the reasons for 
any such change and the reasons for delays 
in excess of 5 years; and 
(B) not later than 5 years after the date of 
enactment of this Act that— 
(i) describes the results of the review 
conducted under paragraph (1)(B); and 
(ii) identifies any change in the timing 
for completions, including the reasons for 
any such change and the reasons for delays 
in excess of 5 years. 
(b) ADDITIONAL REPORT.—Not later than 2 years 
after the date of enactment of this Act, the Secretary shall 
submit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report on 
the types and justification for the additional categorical ex-
clusions granted under the authority provided under sec-
tions 1309 and 1310. 
(c) GAO REPORT.—The Comptroller General of the 
United States shall— 
(1) assess the reforms carried out under sections 
1301 through 1315 (including the amendments made 
by those sections); and
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† HR 4348 EAS 
(2) not later than 5 years after the date of enact-
ment of this Act, submit to the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and 
Public Works of the Senate a report that describes the 
results of the assessment. 
(d) INSPECTOR GENERAL REPORT.—The Inspector 
General of the Department of Transportation shall— 
(1) assess the reforms carried out under sections 
1301 through 1315 (including the amendments made 
by those sections); and 
(2) 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) not later than 2 years after the date of 
enactment of this Act, an initial report of the 
findings of the Inspector General; and 
(B) not later than 4 years after the date of 
enactment of this Act, a final report of the find-
ings. 
Subtitle D—Highway Safety 
SEC. 1401. JASON’S LAW. 
(a) IN GENERAL.—It is the sense of Congress that it 
is a national priority to address projects under this section
423 
† HR 4348 EAS 
for the shortage of long-term parking for commercial motor 
vehicles on the National Highway System to improve the 
safety of motorized and nonmotorized users and for com-
mercial motor vehicle operators. 
(b) ELIGIBLE PROJECTS.—Eligible projects under this 
section are those that— 
(1) serve the National Highway System; and 
(2) may include the following: 
(A) Constructing safety rest areas (as de-
fined in section 120(c) of title 23, United States 
Code) that include parking for commercial motor 
vehicles. 
(B) Constructing commercial motor vehicle 
parking facilities adjacent to commercial truck 
stops and travel plazas. 
(C) Opening existing facilities to commer-
cial motor vehicle parking, including inspection 
and weigh stations and park-and-ride facilities. 
(D) Promoting the availability of publicly 
or privately provided commercial motor vehicle 
parking on the National Highway System using 
intelligent transportation systems and other 
means.
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† HR 4348 EAS 
(E) Constructing turnouts along the Na-
tional Highway System for commercial motor 
vehicles. 
(F) Making capital improvements to public 
commercial motor vehicle parking facilities cur-
rently closed on a seasonal basis to allow the fa-
cilities to remain open year-round. 
(G) Improving the geometric design of 
interchanges on the National Highway System to 
improve access to commercial motor vehicle 
parking facilities. 
(c) SURVEY AND COMPARATIVE ASSESSMENT.— 
(1) IN GENERAL.—The Secretary, in consultation 
with relevant State motor carrier safety personnel, 
shall conduct a survey regarding the availability of 
parking facilities within each State— 
(A) to evaluate the capability of the State 
to provide adequate parking and rest facilities 
for motor carriers engaged in interstate motor 
carrier service; 
(B) to assess the volume of motor carrier 
traffic through the State; and 
(C) to develop a system of metrics to meas-
ure the adequacy of parking facilities in the 
State.
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† HR 4348 EAS 
(2) RESULTS.—The results of the survey under 
paragraph (1) shall be made available to the public 
on the website of the Department of Transportation. 
(3) PERIODIC
UPDATES.—The Secretary shall 
periodically update the survey under this subsection. 
(d) TREATMENT OF PROJECTS.—Notwithstanding any 
other provision of law, projects funded through the author-
ity provided under this section shall be treated as projects 
on a Federal-aid highway under chapter 1 of title 23, 
United States Code. 
SEC. 1402. OPEN CONTAINER REQUIREMENTS. 
Section 154(c) of title 23, United States Code, is 
amended— 
(1) by striking paragraph (2) and inserting the 
following: 
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 
‘‘(A) RESERVATION OF FUNDS.—On October 
1, 2011, and each October 1 thereafter, if a State 
has not enacted or is not enforcing an open con-
tainer law described in subsection (b), the Sec-
retary shall reserve an amount equal to 2.5 per-
cent of the funds to be apportioned to the State 
on that date under each of paragraphs (1) and 
(2) of section 104(b) until the State certifies to 
the Secretary the means by which the State will
426 
† HR 4348 EAS 
use those reserved funds in accordance with sub-
paragraphs (A) and (B) of paragraph (1) and 
paragraph (3). 
‘‘(B) TRANSFER
OF
FUNDS.—As soon as 
practicable after the date of receipt of a certifi-
cation from a State under subparagraph (A), the 
Secretary shall— 
‘‘(i) transfer the reserved funds identi-
fied by the State for use as described in sub-
paragraphs (A) and (B) of paragraph (1) to 
the apportionment of the State under sec-
tion 402; and 
‘‘(ii) release the reserved funds identi-
fied by the State as described in paragraph 
(3).’’; 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT 
PROGRAM.— 
‘‘(A) IN GENERAL.—A State may elect to 
use all or a portion of the funds transferred 
under paragraph (2) for activities eligible under 
section 148. 
‘‘(B) STATE DEPARTMENTS OF TRANSPOR-
TATION.—If the State makes an election under
427 
† HR 4348 EAS 
subparagraph (A), the funds shall be transferred 
to the department of transportation of the State, 
which shall be responsible for the administration 
of the funds.’’; and 
(3) by striking paragraph (5) and inserting the 
following: 
‘‘(5) DERIVATION
OF
AMOUNT
TO
BE
TRANS-
FERRED.—The amount to be transferred under para-
graph (2) may be derived from the following: 
‘‘(A) The apportionment of the State under 
section 104(b)(l). 
‘‘(B) The apportionment of the State under 
section 104(b)(2).’’. 
SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS 
FOR DRIVING WHILE INTOXICATED OR DRIV-
ING UNDER THE INFLUENCE. 
(a) DEFINITIONS.—Section 164(a) of title 23, United 
States Code, is amended— 
(1) by striking paragraph (3); 
(2) by redesignating paragraphs (4) and (5) as 
paragraphs (3) and (4), respectively; and 
(3) in paragraph (4) (as so redesignated) by 
striking subparagraph (A) and inserting the fol-
lowing: 
‘‘(A) receive—
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† HR 4348 EAS 
‘‘(i) a suspension of all driving privi-
leges for not less than 1 year; or 
‘‘(ii) a suspension of unlimited driving 
privileges for 1 year, allowing for the rein-
statement of limited driving privileges sub-
ject to restrictions and limited exemptions 
as established by State law, if an ignition 
interlock device is installed for not less than 
1 year on each of the motor vehicles owned 
or operated, or both, by the individual;’’. 
(b) TRANSFER OF FUNDS.—Section 164(b) of title 23, 
United States Code, is amended— 
(1) by striking paragraph (2) and inserting the 
following: 
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 
‘‘(A) RESERVATION OF FUNDS.—On October 
1, 2011, and each October 1 thereafter, if a State 
has not enacted or is not enforcing a repeat in-
toxicated driver law, the Secretary shall reserve 
an amount equal to 2.5 percent of the funds to 
be apportioned to the State on that date under 
each of paragraphs (1) and (2) of section 104(b) 
until the State certifies to the Secretary the 
means by which the States will use those reserved 
funds among the uses authorized under subpara-
429 
† HR 4348 EAS 
graphs (A) and (B) of paragraph (1), and para-
graph (3). 
‘‘(B) TRANSFER
OF
FUNDS.—As soon as 
practicable after the date of receipt of a certifi-
cation from a State under subparagraph (A), the 
Secretary shall— 
‘‘(i) transfer the reserved funds identi-
fied by the State for use as described in sub-
paragraphs (A) and (B) of paragraph (1) to 
the apportionment of the State under sec-
tion 402; and 
‘‘(ii) release the reserved funds identi-
fied by the State as described in paragraph 
(3).’’; 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT 
PROGRAM.— 
‘‘(A) IN GENERAL.—A State may elect to 
use all or a portion of the funds transferred 
under paragraph (2) for activities eligible under 
section 148. 
‘‘(B) STATE DEPARTMENTS OF TRANSPOR-
TATION.—If the State makes an election under 
subparagraph (A), the funds shall be transferred
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† HR 4348 EAS 
to the department of transportation of the State, 
which shall be responsible for the administration 
of the funds.’’; and 
(3) by striking paragraph (5) and inserting the 
following: 
‘‘(5) DERIVATION
OF
AMOUNT
TO
BE
TRANS-
FERRED.—The amount to be transferred under para-
graph (2) may be derived from the following: 
‘‘(A) The apportionment of the State under 
section 104(b)(1). 
‘‘(B) The apportionment of the State under 
section 104(b)(2).’’. 
SEC. 1404. ADJUSTMENTS TO PENALTY PROVISIONS. 
(a) 
VEHICLE
WEIGHT
LIMITATIONS.—Section 
127(a)(1) of title 23, United States Code, is amended by 
striking ‘‘No funds shall be apportioned in any fiscal year 
under section 104(b)(1) of this title to any State which’’ 
and inserting ‘‘The Secretary shall withhold 50 percent of 
the apportionment of a State under section 104(b)(1) in 
any fiscal year in which the State’’. 
(b) CONTROL OF JUNKYARDS.—Section 136 of title 23, 
United States Code, is amended— 
(1) in subsection (b), in the first sentence— 
(A) by striking ‘‘10 per centum’’ and insert-
ing ‘‘7 percent’’; and
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† HR 4348 EAS 
(B) by striking ‘‘section 104 of this title’’ 
and inserting ‘‘paragraphs (1) through (5) of 
section 104(b)’’; and 
(2) by adding at the end the following: 
‘‘(n) For purposes of this section, the terms ‘primary 
system’ and ‘Federal-aid primary system’ mean any high-
way that is on the National Highway System, which in-
cludes the Interstate Highway System.’’. 
(c) ENFORCEMENT OF VEHICLE SIZE AND WEIGHT 
LAWS.—Section 141(b)(2) of title 23, United States Code, 
is amended— 
(1) by striking ‘‘10 per centum’’ and inserting 
‘‘7 percent’’; and 
(2) by striking ‘‘section 104 of this title’’ and in-
serting ‘‘paragraphs (1) through (5) of section 
104(b)’’. 
(d) PROOF OF PAYMENT OF THE HEAVY VEHICLE USE 
TAX.—Section 141(c) of title 23, United States Code, is 
amended— 
(1) by striking ‘‘section 104(b)(4)’’ each place it 
appears and inserting ‘‘section 104(b)(1)’’; and 
(2) in the first sentence by striking ‘‘25 per cen-
tum’’ and inserting ‘‘ 8 percent’’. 
(e) USE OF SAFETY BELTS.—Section 153(h) of title 
23, United States Code, is amended—
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† HR 4348 EAS 
(1) by striking paragraph (1); 
(2) by redesignating paragraph (2) as para-
graph (1); 
(3) in paragraph (1) (as so redesignated)— 
(A) by striking the paragraph heading and 
inserting ‘‘PRIOR TO FISCAL YEAR 2012’’; and 
(B) by inserting ‘‘and before October 1, 
2011,’’ after ‘‘September 30, 1994,’’; and 
(4) by inserting after paragraph (1) (as so redes-
ignated) the following: 
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—If, 
at any time in a fiscal year beginning after Sep-
tember 30, 2011, a State does not have in effect a law 
described in subsection (a)(2), the Secretary shall 
transfer an amount equal to 2 percent of the funds 
apportioned to the State for the succeeding fiscal year 
under each of paragraphs (1) through (3) of section 
104(b) to the apportionment of the State under sec-
tion 402.’’. 
(f) NATIONAL
MINIMUM
DRINKING
AGE.—Section 
158(a)(1) of title 23, United States Code, is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(A) FISCAL YEARS BEFORE 2012.—The Sec-
retary’’; and
433 
† HR 4348 EAS 
(2) by adding at the end the following: 
‘‘(B) FISCAL
YEAR
2012
AND
THERE-
AFTER.—For fiscal year 2012 and each fiscal 
year thereafter, the amount to be withheld under 
this section shall be an amount equal to 8 per-
cent of the amount apportioned to the non-
compliant State, as described in subparagraph 
(A), under paragraphs (1) and (2) of section 
104(b).’’. 
(g) DRUG OFFENDERS.—Section 159 of title 23, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1); 
(B) by redesignating paragraph (2) as 
paragraph (1); 
(C) in paragraph (1) (as so redesignated) 
by striking ‘‘(including any amounts withheld 
under paragraph (1))’’; and 
(D) by inserting after paragraph (1) (as so 
redesignated) the following: 
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—The 
Secretary shall withhold an amount equal to 8 per-
cent of the amount required to be apportioned to any 
State under each of paragraphs (1) and (2) of section 
104(b) on the first day of each fiscal year beginning
434 
† HR 4348 EAS 
after September 30, 2011, if the State fails to meet the 
requirements of paragraph (3) on the first day of the 
fiscal year.’’; and 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) EFFECT OF NONCOMPLIANCE.—No funds withheld 
under this section from apportionments to any State shall 
be available for apportionment to that State.’’. 
(h) ZERO TOLERANCE BLOOD ALCOHOL CONCENTRA-
TION FOR MINORS.—Section 161(a) of title 23, United 
States Code, is amended— 
(1) by striking paragraph (1); 
(2) by redesignating paragraph (2) as para-
graph (1); 
(3) in paragraph (1) (as so redesignated)— 
(A) by striking the paragraph heading and 
inserting ‘‘PRIOR TO FISCAL YEAR 2012’’; and 
(B) by inserting ‘‘through fiscal year 2011’’ 
after ‘‘each fiscal year thereafter’’; and 
(4) by inserting after paragraph (1) (as so redes-
ignated) the following: 
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—The 
Secretary shall withhold an amount equal to 8 per-
cent of the amount required to be apportioned to any 
State under each of paragraphs (1) and (2) of section
435 
† HR 4348 EAS 
104(b) on October 1, 2011, and on October 1 of each 
fiscal year thereafter, if the State does not meet the 
requirement of paragraph (3) on that date.’’. 
(i) OPERATION OF MOTOR VEHICLES BY INTOXICATED 
PERSONS.—Section 163(e) of title 23, United States Code, 
is amended by striking paragraphs (1) and (2) and insert-
ing the following: 
‘‘(1) FISCAL YEARS 2007 THROUGH 2011.—On Oc-
tober 1, 2006, and October 1 of each fiscal year there-
after through fiscal year 2011, if a State has not en-
acted or is not enforcing a law described in subsection 
(a), the Secretary shall withhold an amount equal to 
8 percent of the amounts to be apportioned to the 
State on that date under each of paragraphs (1), (3), 
and (4) of section 104(b). 
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—On 
October 1, 2011, and October 1 of each fiscal year 
thereafter, if a State has not enacted or is not enforc-
ing a law described in subsection (a), the Secretary 
shall withhold an amount equal to 6 percent of the 
amounts to be apportioned to the State on that date 
under each of paragraphs (1) and (2) of section 
104(b).’’. 
(j) COMMERCIAL DRIVER’S LICENSE.—Section 31314 
of title 49, United States Code, is amended—
436 
† HR 4348 EAS 
(1) by redesignating subsection (c) as subsection 
(d); and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) PENALTIES IMPOSED IN FISCAL YEAR 2012 AND 
THEREAFTER.—Effective beginning on October 1, 2011— 
‘‘(1) the penalty for the first instance of non-
compliance by a State under this section shall be not 
more than an amount equal to 4 percent of funds re-
quired to be apportioned to the noncompliant State 
under paragraphs (1) and (2) of section 104(b) of 
title 23; and 
‘‘(2) the penalty for subsequent instances of non-
compliance shall be not more than an amount equal 
to 8 percent of funds required to be apportioned to the 
noncompliant State under paragraphs (1) and (2) of 
section 104(b) of title 23.’’. 
SEC. 1405. HIGHWAY WORKER SAFETY. 
Not later than 60 days after the date of enactment of 
this Act, the Secretary shall modify section 630.1108(a) of 
title 23, Code of Federal Regulations (as in effect on the 
date of enactment of this Act), to ensure that— 
(1) at a minimum, positive protective measures 
are used to separate workers on highway construction 
projects from motorized traffic in all work zones con-
437 
† HR 4348 EAS 
ducted under traffic in areas that offer workers no 
means of escape (such as tunnels and bridges), unless 
an engineering study determines otherwise; 
(2) temporary longitudinal traffic barriers are 
used to protect workers on highway construction 
projects in long-duration stationary work zones when 
the project design speed is anticipated to be high and 
the nature of the work requires workers to be within 
1 lane-width from the edge of a live travel lane, un-
less— 
(A) an analysis by the project sponsor de-
termines otherwise; or 
(B) the project is outside of an urbanized 
area and the annual average daily traffic load 
of the applicable road is less than 100 vehicles 
per hour; and 
(3) when positive protective devices are necessary 
for highway construction projects, those devices are 
paid for on a unit-pay basis, unless doing so would 
create a conflict with innovative contracting ap-
proaches, such as design-build or some performance- 
based contracts under which the contractor is paid to 
assume a certain risk allocation and payment is gen-
erally made on a lump-sum basis.
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† HR 4348 EAS 
Subtitle E—Miscellaneous 
SEC. 1501. PROGRAM EFFICIENCIES. 
The first sentence of section 102(b) of title 23, United 
States Code, is amended by striking ‘‘made available for 
such engineering’’ and inserting ‘‘reimbursed for the pre-
liminary engineering’’. 
SEC. 1502. PROJECT APPROVAL AND OVERSIGHT. 
Section 106 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a)(2) by inserting ‘‘recipient’’ 
before ‘‘formalizing’’; 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the heading, by striking ‘‘NON- 
INTERSTATE’’; and 
(ii) by striking ‘‘but not on the Inter-
state System’’; and 
(B) by striking paragraph (4) and inserting 
the following: 
‘‘(4) LIMITATION ON INTERSTATE PROJECTS.— 
‘‘(A) IN GENERAL.—The Secretary shall not 
assign any responsibilities to a State for projects 
the Secretary determines to be in a high risk cat-
egory, as defined under subparagraph (B).
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† HR 4348 EAS 
‘‘(B) HIGH
RISK
CATEGORIES.—The Sec-
retary may define the high risk categories under 
this subparagraph on a national basis, a State- 
by-State basis, or a national and State-by-State 
basis, as determined to be appropriate by the 
Secretary.’’; 
(3) in subsection (e)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) in the matter preceding clause 
(i)— 
(aa) by striking ‘‘concept’’ 
and inserting ‘‘planning’’; and 
(bb) by striking ‘‘multidis-
ciplined’’ and inserting ‘‘multi-
disciplinary’’; and 
(II) by striking clause (i) and in-
serting the following: 
‘‘(i) providing the needed functions 
and achieving the established commitments 
(including environmental, community, and 
agency commitments) safely, reliably, and 
at the lowest overall lifecycle cost;’’; and 
(ii) in subparagraph (B) by striking 
clause (ii) and inserting the following:
440 
† HR 4348 EAS 
‘‘(ii) refining or redesigning, as appro-
priate, the project using different tech-
nologies, materials, or methods so as to ac-
complish the purpose, functions, and estab-
lished commitments (including environ-
mental, community, and agency commit-
ments) of the project.’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A) by striking ‘‘or other cost-reduc-
tion analysis’’; 
(ii) in subparagraph (A) by striking 
‘‘Federal-aid system’’ and inserting ‘‘Na-
tional Highway System receiving Federal 
assistance’’; and 
(iii) in subparagraph (B) by inserting 
‘‘on the National Highway System receiving 
Federal assistance’’ after ‘‘a bridge project’’; 
and 
(C) by striking paragraph (4) and inserting 
the following: 
‘‘(4) REQUIREMENTS.— 
‘‘(A) VALUE ENGINEERING PROGRAM.—The 
State shall develop and carry out a value engi-
neering program that—
441 
† HR 4348 EAS 
‘‘(i) establishes and documents value 
engineering program policies and proce-
dures; 
‘‘(ii) ensures that the required value 
engineering analysis is conducted before 
completing the final design of a project; 
‘‘(iii) ensures that the value engineer-
ing analysis that is conducted, and the rec-
ommendations developed and implemented 
for each project, are documented in a final 
value engineering report; and 
‘‘(iv) monitors, evaluates, and annu-
ally submits to the Secretary a report that 
describes the results of the value analyses 
that are conducted and the recommenda-
tions implemented for each of the projects 
described in paragraph (2) that are com-
pleted in the State. 
‘‘(B) BRIDGE PROJECTS.—The value engi-
neering analysis for a bridge project under para-
graph (2) shall— 
‘‘(i) include bridge superstructure and 
substructure requirements based on con-
struction material; and 
‘‘(ii) be evaluated by the State—
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‘‘(I) on engineering and economic 
bases, taking into consideration accept-
able designs for bridges; and 
‘‘(II) using an analysis of lifecycle 
costs and duration of project construc-
tion.’’; 
(4) in subsection (g)(4) by adding at the end the 
following: 
‘‘(C) FUNDING.— 
‘‘(i) IN GENERAL.—Subject to project 
approval by the Secretary, a State may ob-
ligate funds apportioned to the State under 
section 104(b)(2) for carrying out the re-
sponsibilities of the State under subpara-
graph (A). 
‘‘(ii) ELIGIBLE ACTIVITIES.—Activities 
eligible for assistance under this subpara-
graph include— 
‘‘(I) State administration of sub-
grants; and 
‘‘(II) State oversight of subrecipi-
ents. 
‘‘(iii) ANNUAL
WORK
PLAN.—To re-
ceive the funding flexibility made available 
under this subparagraph, the State shall
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submit to the Secretary an annual work 
plan identifying activities to be carried out 
under this subparagraph during the appli-
cable year. 
‘‘(iv) FEDERAL SHARE.—The Federal 
share of the cost of activities carried out 
under this subparagraph shall be 100 per-
cent.’’; and 
(5) in subsection (h)— 
(A) in paragraph (1)(B) by inserting ‘‘, in-
cluding a phasing plan when applicable’’ after 
‘‘financial plan’’; and 
(B) by striking paragraph (3) and inserting 
the following: 
‘‘(3) FINANCIAL PLAN.—A financial plan— 
‘‘(A) shall be based on detailed estimates of 
the cost to complete the project; 
‘‘(B) shall provide for the annual submis-
sion of updates to the Secretary that are based 
on reasonable assumptions, as determined by the 
Secretary, of future increases in the cost to com-
plete the project; and 
‘‘(C) may include a phasing plan that iden-
tifies fundable incremental improvements or 
phases that will address the purpose and the
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need of the project in the short term in the event 
there are insufficient financial resources to com-
plete the entire project. If a phasing plan is 
adopted for a project pursuant to this section, 
the project shall be deemed to satisfy the fiscal 
constraint requirements in the statewide and 
metropolitan planning requirements in sections 
134 and 135.’’. 
SEC. 1503. STANDARDS. 
(a) PRACTICAL DESIGN.—Section 109 of title 23, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2) by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) utilize, when appropriate, practical design 
solutions, as defined in this section, to ensure that 
transportation needs are met and that funds available 
for transportation projects are used efficiently.’’; 
(2) in subsection (c)— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A)—
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(i) by striking ‘‘, reconstruction, resur-
facing (except for maintenance resurfacing), 
restoration, or rehabilitation’’ and inserting 
‘‘or reconstruction’’; and 
(ii) by striking ‘‘may take into ac-
count’’ and inserting ‘‘shall consider’’; 
(B) in paragraph (2)— 
(i) in the first sentence of the matter 
preceding subparagraph (A) by striking 
‘‘may’’ and inserting ‘‘shall’’; 
(ii) in subparagraph (C) by striking 
‘‘and’’ at the end; 
(iii) by redesignating subparagraph 
(D) as subparagraph (F); and 
(iv) by inserting after subparagraph 
(C) the following: 
‘‘(D) the publication entitled ‘Highway 
Safety Manual’ of the American Association of 
State Highway and Transportation Officials; 
‘‘(E) the publication entitled ‘A Guide for 
Achieving Flexibility in Highway Design, 1st 
Edition’, published by the American Association 
of State Highway and Transportation Officials; 
and’’;
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† HR 4348 EAS 
(3) in subsection (f) by inserting ‘‘pedestrian 
walkways,’’ after ‘‘bikeways,’’; 
(4) in subsection (m) by inserting ‘‘, safe, and 
continuous’’ after ‘‘for a reasonable’’; 
(5) in subsection (q) by striking ‘‘consistent with 
the operative safety management system established in 
accordance with section 303 or in accordance with’’ 
inserting ‘‘that is in accordance with a State’s stra-
tegic highway safety plan and included on’’; and 
(6) by adding at the end the following: 
‘‘(r) DEFINITION.—In this section, the term ‘practical 
design solution’ means a collaborative interdisciplinary ap-
proach that results in a transportation project that fits its 
physical setting, preserves safety, and balances costs with 
the necessary scope and project delivery needs of the project, 
as well as with scenic, aesthetic, historic, and environ-
mental resources.’’. 
(b) ADDITIONAL STANDARDS.—Section 109 of title 23, 
United States Code (as amended by subsection (a)(6)), is 
amended by adding at the end the following: 
‘‘(s) PAVEMENT MARKINGS.—The Secretary shall not 
approve any pavement markings project that includes the 
use of glass beads containing more than 200 parts per mil-
lion of arsenic or lead, as determined in accordance with
447 
† HR 4348 EAS 
Environmental Protection Agency testing methods 3052, 
6010B, or 6010C.’’. 
SEC. 1504. CONSTRUCTION. 
Section 114 of title 23, United States Code, is amend-
ed— 
(1) in subsection (b)— 
(A) by striking paragraph (1) and inserting 
the following: 
‘‘(1) LIMITATION ON CONVICT LABOR.—Convict 
labor shall not be used in construction of Federal-aid 
highways or portions of Federal-aid highways unless 
the labor is performed by convicts who are on parole, 
supervised release, or probation.’’; and 
(B) in paragraph (3) by inserting ‘‘in exist-
ence during that period’’ after ‘‘located on a Fed-
eral-aid system’’; and 
(2) in subsection (c)— 
(A) by striking paragraph (1) and inserting 
the following: 
‘‘(1) IN GENERAL.—The Secretary shall ensure 
that a worker who is employed on a remote project for 
the construction of a Federal-aid highway or portion 
of a Federal-aid highway in the State of Alaska and 
who is not a domiciled resident of the locality shall 
receive meals and lodging.’’; and
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† HR 4348 EAS 
(B) in paragraph (3)(C) by striking ‘‘high-
way or portion of a highway located on a Fed-
eral-aid system’’ and inserting ‘‘Federal-aid 
highway or portion of a Federal-aid highway’’. 
SEC. 1505. MAINTENANCE. 
Section 116 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) in the first sentence, by inserting ‘‘or 
other direct recipient’’ before ‘‘to maintain’’; and 
(B) by striking the second sentence; 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) AGREEMENT.—In any State in which the State 
transportation department or other direct recipient is with-
out legal authority to maintain a project described in sub-
section (a), the transportation department or direct recipi-
ent shall enter into a formal agreement with the appro-
priate officials of the county or municipality in which the 
project is located providing for the maintenance of the 
project.’’; and 
(3) in the first sentence of subsection (c) by in-
serting ‘‘or other direct recipient’’ after ‘‘State trans-
portation department’’.
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SEC. 1506. FEDERAL SHARE PAYABLE. 
Section 120 of title 23, United States Code, is amend-
ed— 
(1) in the first sentence of subsection (c)(1)— 
(A) by inserting ‘‘maintaining minimum 
levels of retroreflectivity of highway signs or 
pavement markings,’’ after ‘‘traffic control sig-
nalization,’’; 
(B) by inserting ‘‘shoulder and centerline 
rumble strips and stripes,’’ after ‘‘pavement 
marking,’’; and 
(C) by striking ‘‘Federal-aid systems’’ and 
inserting ‘‘Federal-aid programs’’; 
(2) by striking subsection (e) and inserting the 
following: 
‘‘(e) EMERGENCY RELIEF.—The Federal share payable 
for any repair or reconstruction provided for by funds made 
available under section 125 for any project on a Federal- 
aid highway, including the Interstate System, shall not ex-
ceed the Federal share payable on a project on the system 
as provided in subsections (a) and (b), except that— 
‘‘(1) the Federal share payable for eligible emer-
gency repairs to minimize damage, protect facilities, 
or restore essential traffic accomplished within 180 
days after the actual occurrence of the natural dis-
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† HR 4348 EAS 
aster or catastrophic failure may amount to 100 per-
cent of the cost of the repairs; 
‘‘(2) the Federal share payable for any repair or 
reconstruction of Federal land transportation facili-
ties, Federal land access transportation facilities, and 
tribal transportation facilities may amount to 100 
percent of the cost of the repair or reconstruction; 
‘‘(3) the Secretary shall extend the time period 
in paragraph (1) taking into consideration any delay 
in the ability of the State to access damaged facilities 
to evaluate damage and the cost of repair; and 
‘‘(4) the Federal share payable for eligible per-
manent repairs to restore damaged facilities to 
predisaster condition may amount to 100 percent of 
the cost of the repairs if the eligible expenses incurred 
by the State due to natural disasters or catastrophic 
failures in a Federal fiscal year exceeds the annual 
apportionment of the State under section 104 for the 
fiscal year in which the disasters or failures oc-
curred.’’; 
(3) by striking subsection (g) and redesignating 
subsections (h) through (l) as subsections (g) through 
(k), respectively; 
(4) in subsection (i)(1)(A) (as redesignated by 
paragraph (3)) by striking ‘‘and the Appalachian de-
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† HR 4348 EAS 
velopment highway system program under section 
14501 of title 40’’; and 
(5) by striking subsections (j) and (k) (as redes-
ignated by paragraph (3)) and inserting the fol-
lowing: 
‘‘(j) USE
OF FEDERAL AGENCY FUNDS.—Notwith-
standing any other provision of law, any Federal funds 
other than those made available under this title and title 
49, United States Code, may be used to pay the non-Federal 
share of the cost of any transportation project that is with-
in, adjacent to, or provides access to Federal land, the Fed-
eral share of which is funded under this title or chapter 
53 of title 49. 
‘‘(k) USE OF FEDERAL LAND AND TRIBAL TRANSPOR-
TATION FUNDS.—Notwithstanding any other provision of 
law, the funds authorized to be appropriated to carry out 
the tribal transportation program under section 202 and 
the Federal lands transportation program under section 
203 may be used to pay the non-Federal share of the cost 
of any project that is funded under this title or chapter 
53 of title 49 and that provides access to or within Federal 
or tribal land.’’.
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† HR 4348 EAS 
SEC. 1507. TRANSFERABILITY OF FEDERAL-AID HIGHWAY 
FUNDS. 
(a) IN GENERAL.—Section 126 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 126. Transferability of Federal-aid highway funds 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, subject to subsection (b), a State may transfer 
from an apportionment under section 104(b) not to exceed 
20 percent of the amount apportioned for the fiscal year 
to any other apportionment of the State under that section. 
‘‘(b) APPLICATION TO CERTAIN SET-ASIDES.—Funds 
that are subject to sections 104(d) and 133(d) shall not be 
transferred under this section. The maximum amount that 
a State may transfer under this section of the State’s set- 
aside under section 149(l) for a fiscal year may not exceed 
25 percent of (1) the amount of such set-aside, less (2) the 
amount of the State’s set-aside under section 133(d)(2), as 
in effect on the day before the date of enactment of the 
MAP–21, for fiscal year 1997.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code, is amended by 
striking the item relating to section 126 and inserting the 
following: 
‘‘126. Transferability of Federal-aid highway funds.’’.
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† HR 4348 EAS 
SEC. 1508. SPECIAL PERMITS DURING PERIODS OF NA-
TIONAL EMERGENCY. 
Section 127 of title 23, United States Code, is amended 
by inserting at the end the following: 
‘‘(i) SPECIAL PERMITS DURING PERIODS
OF NA-
TIONAL EMERGENCY.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this section, a State may issue special 
permits during an emergency to overweight vehicles 
and loads that can easily be dismantled or divided 
if— 
‘‘(A) the President has declared the emer-
gency to be a major disaster under the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.); 
‘‘(B) the permits are issued in accordance 
with State law; and 
‘‘(C) the permits are issued exclusively to 
vehicles and loads that are delivering relief sup-
plies. 
‘‘(2) EXPIRATION.—A permit issued under para-
graph (1) shall expire not later than 120 days after 
the date of the declaration of emergency under sub-
paragraph (A) of that paragraph.’’.
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SEC. 1509. ELECTRIC VEHICLE CHARGING STATIONS. 
(a) FRINGE AND CORRIDOR PARKING FACILITIES.— 
Section 137 of title 23, United States Code, is amended— 
(1) in subsection (a) by inserting after the second 
sentence the following: ‘‘The addition of electric vehi-
cle charging stations to new or previously funded 
parking facilities shall be eligible for funding under 
this section.’’; and 
(2) in subsection (f)(1)— 
(A) by striking ‘‘104(b)(4)’’ and inserting 
‘‘104(b)(1)’’; and 
(B) by inserting ‘‘including the addition of 
electric vehicle charging stations,’’ after ‘‘new fa-
cilities,’’. 
(b) PUBLIC TRANSPORTATION.—Section 142(a)(1) of 
title 23, United States Code, is amended by inserting 
‘‘(which may include electric vehicle charging stations)’’ 
after ‘‘corridor parking facilities’’. 
SEC. 1510. HOV FACILITIES. 
Section 166 of title 23, United States Code, is amend-
ed— 
(1) in subsection (b)(5)— 
(A) in subparagraph (A) by striking ‘‘Be-
fore September 30, 2009, the’’ and inserting 
‘‘The’’; and
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† HR 4348 EAS 
(B) in subparagraph (B) by striking ‘‘Be-
fore September 30, 2009, the’’ and inserting 
‘‘The’’; and 
(2) in subsection (d)(1)— 
(A) in the matter preceding subparagraph 
(A)— 
(i) by striking ‘‘in a fiscal year shall 
certify’’ and inserting ‘‘shall submit to the 
Secretary a report demonstrating that the 
facility is not already degraded, and that 
the presence of the vehicles will not cause 
the facility to become degraded, and cer-
tify’’; and 
(ii) by striking ‘‘in the fiscal year’’; 
(B) in subparagraph (A) by inserting ‘‘and 
submitting to the Secretary annual reports of 
those impacts’’ after ‘‘adjacent highways’’; 
(C) in subparagraph (C) by striking ‘‘if the 
presence of the vehicles has degraded the oper-
ation of the facility’’ and inserting ‘‘whenever 
the operation of the facility is degraded’’; and 
(D) by adding at the end the following: 
‘‘(D) MAINTENANCE
OF
OPERATING
PER-
FORMANCE.—A facility that has become degraded 
shall be brought back into compliance with the
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minimum average operating speed performance 
standard by not later than 180 days after the 
date on which the degradation is identified 
through changes to operation, including the fol-
lowing: 
‘‘(i) Increase the occupancy require-
ment for HOVs. 
‘‘(ii) Increase the toll charged for vehi-
cles allowed under subsection (b) to reduce 
demand. 
‘‘(iii) Charge tolls to any class of vehi-
cle allowed under subsection (b) that is not 
already subject to a toll. 
‘‘(iv) Limit or discontinue allowing ve-
hicles under subsection (b). 
‘‘(v) Increase the available capacity of 
the HOV facility. 
‘‘(E) COMPLIANCE.—If the State fails to 
bring a facility into compliance under subpara-
graph (D), the Secretary shall subject the State 
to appropriate program sanctions under section 
1.36 of title 23, Code of Federal Regulations (or 
successor regulations), until the performance is 
no longer degraded.’’.
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SEC. 1511. CONSTRUCTION EQUIPMENT AND VEHICLES. 
(a) IN GENERAL.—Chapter 3 of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘SEC. 330. CONSTRUCTION EQUIPMENT AND VEHICLES. 
‘‘(a) IN GENERAL.—In accordance with the obligation 
process established pursuant to section 149(j)(4), a State 
shall expend amounts required to be obligated for this sec-
tion to install diesel emission control technology on covered 
equipment, with an engine that does not meet current model 
year new engine standards for particulate matter for the 
applicable engine power group issued by the Environmental 
Protection Agency, on a covered highway construction 
project within a PM2.5 nonattainment or maintenance 
area. Covered equipment repowered or retrofit with diesel 
exhaust control technology installed during the 6-year pe-
riod ending on the date on which the prime contract was 
awarded for the covered highway construction project and 
equipment that meets the Environmental Protection Agency 
Tier 4 emission standards may be exempt from the require-
ments of this section. 
‘‘(b) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) COVERED EQUIPMENT.—The term ‘covered 
equipment’ means any nonroad diesel equipment or 
on-road diesel equipment that is operated on a cov-
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† HR 4348 EAS 
ered highway construction project for not less than 80 
hours over the life of the project. 
‘‘(2) 
COVERED
HIGHWAY
CONSTRUCTION 
PROJECT.— 
‘‘(A) IN GENERAL.—The term ‘covered high-
way construction project’ means a highway con-
struction project carried out under this title or 
any other Federal law which is funded in whole 
or in part with Federal funds. 
‘‘(B) EXCLUSIONS.—Any project with a 
total budgeted cost not to exceed $5,000,000 may 
be excluded from the requirements of this section 
by an applicable State or metropolitan planning 
organization. 
‘‘(3) 
DIESEL
EMISSION
CONTROL
TECH-
NOLOGY.—The term ‘diesel emission control tech-
nology’ means a technology that— 
‘‘(A) is— 
‘‘(i) a diesel exhaust control technology; 
‘‘(ii) a diesel engine upgrade; 
‘‘(iii) a diesel engine repower; 
‘‘(iv) an idle reduction control tech-
nology; or 
‘‘(v) any combination of the tech-
nologies listed in clauses (i) through (iv);
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‘‘(B) reduces particulate matter emission 
from covered equipment by— 
‘‘(i) not less than 85 percent control of 
any emission of particulate matter; or 
‘‘(ii) the maximum achievable reduc-
tion of any emission of particulate matter, 
taking cost and safety into account; and 
‘‘(C) is installed on and operated with the 
covered equipment while the equipment is oper-
ated on a covered highway construction project 
and that remains operational on the covered 
equipment for the useful life of the control tech-
nology or equipment. 
‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ means an entity (including a subcontractor of the 
entity) that has entered into a prime contract or 
agreement with a State to carry out a covered high-
way construction project. 
‘‘(5) NONROAD DIESEL EQUIPMENT.— 
‘‘(A) IN GENERAL.—The term ‘nonroad die-
sel equipment’ means a vehicle, including covered 
equipment, that is— 
‘‘(i) powered by a nonroad diesel en-
gine of not less than 50 horsepower; and 
‘‘(ii) not intended for highway use.
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† HR 4348 EAS 
‘‘(B) INCLUSIONS.—The term ‘nonroad die-
sel equipment’ includes a backhoe, bulldozer, 
compressor, crane, excavator, generator, and 
similar equipment. 
‘‘(C) EXCLUSIONS.—The term ‘nonroad die-
sel equipment’ does not include a locomotive or 
marine vessel. 
‘‘(6) ON-ROAD DIESEL EQUIPMENT.—The term 
‘on-road diesel equipment’ means any self-propelled 
vehicle that— 
‘‘(A) operates on diesel fuel; 
‘‘(B) is designed to transport persons or 
property on a street or highway; and 
‘‘(C) has a gross vehicle weight rating of at 
least 14,000 pounds. 
‘‘(7) PM2.5
NONATTAINMENT
OR
MAINTENANCE 
AREA.—The term ‘PM2.5 nonattainment or mainte-
nance area’ means a nonattainment or maintenance 
area designated under section 107(d)(6) of the Clean 
Air Act (42 U.S.C. 7407(d)(6)). 
‘‘(c) CRITERIA ELIGIBLE ACTIVITIES.—For purposes 
of subsection (b)(3)(A): 
‘‘(1) DIESEL EXHAUST CONTROL TECHNOLOGY.— 
For a diesel exhaust control technology, the technology 
shall be—
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† HR 4348 EAS 
‘‘(A) installed on a diesel engine or vehicle; 
‘‘(B) a verified technology (as defined in 
section 791 of the Energy Policy 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)); and 
‘‘(C) certified by the installer as having 
been installed in accordance with the specifica-
tions included on the list published pursuant to 
section 149(f)(2), as in effect on the day before 
the date of enactment of the MAP–21, for achiev-
ing a reduction in particulate matter. 
‘‘(2) DIESEL ENGINE UPGRADE.—For a diesel 
engine upgrade, the upgrade shall be performed on an 
engine that is— 
‘‘(A) rebuilt using new or manufactured 
components that collectively qualify as verified 
technologies (as defined in section 791 of the En-
ergy Policy Act of 2005 (42 U.S.C. 16131)), for 
nonroad vehicles and nonroad engines (as de-
fined in section 216 of the Clean Air Act (42 
U.S.C. 7550)); and 
‘‘(B) certified by the installer to have been 
installed in accordance with the specifications 
included on the list published pursuant to section
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† HR 4348 EAS 
149(f)(2), as in effect on the day before the date 
of enactment of the MAP–21, for achieving a re-
duction in particulate matter. 
‘‘(3) DIESEL ENGINE REPOWER.—For a diesel 
engine repower, the repower shall be conducted using 
a new or remanufactured diesel engine that is— 
‘‘(A) installed as a replacement for an en-
gine used in the existing equipment, subject to 
the condition that the replaced engine is returned 
to the supplier for remanufacturing to a more 
stringent set of engine emissions standards or for 
use as scrap; and 
‘‘(B) meeting a more stringent engine par-
ticulate matter emission standard for the appli-
cable engine power group established by the En-
vironmental Protection Agency than the engine 
particulate matter emission standard applicable 
to the replaced engine. 
‘‘(4) IDLE REDUCTION CONTROL TECHNOLOGY.— 
For an idle reduction control technology, the tech-
nology shall be— 
‘‘(A) installed on a diesel engine or vehicle; 
‘‘(B) a verified technology (as defined in 
section 791 of the Energy Policy Act of 2005 (42 
U.S.C. 16131)), for nonroad vehicles and
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† HR 4348 EAS 
nonroad engines (as defined in section 216 of the 
Clean Air Act (42 U.S.C. 7550)); and 
‘‘(C) certified by the installer as having 
been installed in accordance with the specifica-
tions included on the list published pursuant to 
section 149(f)(2), as in effect on the day before 
the date of enactment of the MAP–21, for achiev-
ing a reduction in particulate matter. 
‘‘(d) ELIGIBILITY FOR CREDITS.— 
‘‘(1) IN GENERAL.—A State may take credit in 
a State implementation plan for national ambient 
air quality standards for any emission reductions 
that result from the implementation of this section. 
‘‘(2) CREDITING.—An emission reduction de-
scribed in paragraph (1) may be credited toward 
demonstrating conformity of State implementation 
plans and transportation plans.’’. 
(b) SAVINGS CLAUSE.—Nothing in this section modi-
fies or otherwise affects any authority or restrictions estab-
lished under the Clean Air Act (42 U.S.C. 7401 et seq.). 
(c) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary of 
Transportation shall submit to the Committee on 
Transportation and Infrastructure of the House of
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† HR 4348 EAS 
Representatives and the Committee on Environment 
and Public Works of the Senate a report that de-
scribes the manners in which section 330 of title 23, 
United States Code (as added by subsection (a)) has 
been implemented, including the quantity of covered 
equipment serviced under those sections and the costs 
associated with servicing the covered equipment. 
(2) INFORMATION FROM STATES.—The Secretary 
shall require States and recipients, as a condition of 
receiving amounts under this Act or under the provi-
sions of any amendments made by this Act, to submit 
to the Secretary any information that the Secretary 
determines necessary to complete the report under 
paragraph (1). 
(d) TECHNICAL AMENDMENT.—The analysis for chap-
ter 3 of title 23, United States Code, is amended by adding 
at the end the following: 
‘‘330. Construction equipment and vehicles.’’. 
SEC. 1512. USE OF DEBRIS FROM DEMOLISHED BRIDGES 
AND OVERPASSES. 
Section 1805(a) of the SAFETEA–LU (23 U.S.C. 144 
note; 119 Stat. 1459) is amended by striking ‘‘highway 
bridge replacement and rehabilitation program under sec-
tion 144’’ and inserting ‘‘national highway performance 
program under section 119’’.