564 
ferred to in this section as the ‘program’) to provide funding 
to construct, reconstruct, or rehabilitate critical Federal 
lands and Tribal transportation infrastructure. 
‘‘(b) ELIGIBLE APPLICANTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), entities eligible to receive funds under sec-
tions 201, 202, 203, and 204 may apply for funding 
under the program. 
‘‘(2) SPECIAL RULE.—A State, county, or unit of 
local government may only apply for funding under 
the program if sponsored by an eligible Federal agen-
cy or Indian Tribe. 
‘‘(c) ELIGIBLE PROJECTS.—An eligible project under 
the program shall be on a Federal lands transportation fa-
cility, a Federal lands access transportation facility, or a 
tribal transportation facility, except that such facility is 
not required to be included in an inventory described in 
section 202 or 203, and for which— 
‘‘(1) the project— 
‘‘(A) has completed the activities required 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) which has been 
demonstrated through— 
‘‘(i) a record of decision with respect to 
the project; 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00564
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
565 
‘‘(ii) a finding that the project has no 
significant impact; or 
‘‘(iii) a determination that the project 
is categorically excluded; or 
‘‘(B) is reasonably expected to begin con-
struction not later than 18 months after the date 
of obligation of funds for the project; and 
‘‘(2) the project has an estimated cost equal to or 
exceeding— 
‘‘(A) $12,500,000 if it is on a Federal lands 
transportation facility or a Federal lands access 
transportation facility; and 
‘‘(B) $5,000,000 if it is on a Tribal trans-
portation facility. 
‘‘(d) ELIGIBLE ACTIVITIES.—Grant amounts received 
for a project under this section may be used for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, en-
vironmental review, preliminary engineering and de-
sign work, and other preconstruction activities; and 
‘‘(2) construction, reconstruction, and rehabilita-
tion activities. 
‘‘(e) APPLICATIONS.—Eligible applicants shall submit 
to the Secretary an application at such time, in such form, 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00565
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
566 
and containing such information as the Secretary may re-
quire. 
‘‘(f) PROJECT REQUIREMENTS.—The Secretary may 
select a project to receive funds under the program only if 
the Secretary determines that the project— 
‘‘(1) improves the condition of critical transpor-
tation facilities, including multimodal facilities; 
‘‘(2) cannot be easily and efficiently completed 
with amounts made available under section 202, 203, 
or 204; and 
‘‘(3) is cost effective. 
‘‘(g) MERIT CRITERIA.—In making a grant under this 
section, the Secretary shall consider whether the project— 
‘‘(1) will generate state of good repair, resilience, 
economic competitiveness, quality of life, mobility, or 
safety benefits; 
‘‘(2) in the case of a project on a Federal lands 
transportation facility or a Federal lands access 
transportation facility, has costs matched by funds 
that are not provided under this section or this title; 
and 
‘‘(3) generates benefits for land owned by mul-
tiple Federal land management agencies or Indian 
Tribes, or which spans multiple States. 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00566
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
567 
‘‘(h) EVALUATION AND RATING.—To evaluate applica-
tions, the Secretary shall— 
‘‘(1) determine whether a project meets the re-
quirements under subsection (f); 
‘‘(2) evaluate, through a discernable and trans-
parent methodology, how each application addresses 
one or more merit criteria established under sub-
section (g); 
‘‘(3) assign a rating for each merit criteria for 
each application; and 
‘‘(4) consider applications only on the basis of 
such quality ratings and which meet the minimally 
acceptable level for each of the merit criteria. 
‘‘(i) COST SHARE.— 
‘‘(1) FEDERAL LANDS PROJECTS.— 
‘‘(A) IN
GENERAL.—Notwithstanding sec-
tion 120, the Federal share of the cost of a 
project on a Federal lands transportation facil-
ity or a Federal lands access transportation fa-
cility shall be up to 90 percent. 
‘‘(B) 
NON-FEDERAL
SHARE.—Notwith-
standing any other provision of law, any Federal 
funds may be used to pay the non-Federal share 
of the cost of a project carried out under this sec-
tion. 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00567
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
568 
‘‘(2) TRIBAL PROJECTS.—The Federal share of 
the cost of a project on a Tribal transportation facil-
ity shall be 100 percent. 
‘‘(j) USE OF FUNDS.—For each fiscal year, of the 
amounts made available to carry out this section, not more 
than 50 percent shall be used for eligible projects on Federal 
lands transportation facilities or Federal lands access 
transportation facilities and Tribal transportation facili-
ties, respectively.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
2 of title 23, United States Code, is amended by inserting 
after the item relating to section 207 the following new item: 
‘‘208. Federal lands and Tribal major projects program.’’. 
(c) REPEAL.—Section 1123 of the FAST Act (23 
U.S.C. 201 note), and the item related to such section in 
the table of contents under section 1(b) of such Act, are re-
pealed. 
SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. 
Section 102 of title 49, United States Code, is amend-
ed— 
(1) in subsection (e)(1)— 
(A) by striking ‘‘6 Assistant’’ and inserting 
‘‘7 Assistant’’; 
(B) in subparagraph (C) by striking ‘‘; 
and’’ and inserting a semicolon; 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00568
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
569 
(C) by redesignating subparagraph (D) as 
subparagraph (E); and 
(D) by inserting after subparagraph (C) the 
following: 
‘‘(D) an Assistant Secretary for Tribal Gov-
ernment Affairs, who shall be appointed by the 
President; and’’; and 
(2) in subsection (f)— 
(A) in the heading by striking ‘‘DEPUTY 
ASSISTANT SECRETARY
FOR TRIBAL GOVERN-
MENT
AFFAIRS’’ and inserting ‘‘OFFICE
OF 
TRIBAL GOVERNMENT AFFAIRS’’; and 
(B) by striking paragraph (1) and inserting 
the following: 
‘‘(1) ESTABLISHMENT.—There is established in 
the Department an Office of Tribal Government Af-
fairs, under the Assistant Secretary for Tribal Gov-
ernment Affairs, to— 
‘‘(A) oversee the Tribal transportation self- 
governance program under section 207 of title 
23; 
‘‘(B) plan, coordinate, and implement poli-
cies and programs serving Indian Tribes and 
Tribal organizations; 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00569
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
570 
‘‘(C) coordinate Tribal transportation pro-
grams and activities in all offices and adminis-
trations of the Department; 
‘‘(D) provide technical assistance to Indian 
Tribes and Tribal organizations; 
‘‘(E) be a participant in any negotiated 
rulemakings relating to, or having an impact on, 
projects, programs, or funding associated with 
the tribal transportation program under section 
202 of title 23; and 
‘‘(F) ensure that Department programs have 
in place, implement, and enforce requirements 
and obligations for regular and meaningful con-
sultation and collaboration with Tribes and 
Tribal officials under Executive Order No. 13175 
and to serve as the primary advisor to the Sec-
retary and other Department components regard-
ing violations of those requirements.’’. 
SEC. 1507. ALTERNATIVE CONTRACTING METHODS. 
(a) LAND MANAGEMENT AGENCIES AND TRIBAL GOV-
ERNMENTS.—Section 201 of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may use a contracting 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00570
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
571 
method available to a State under this title on behalf 
of— 
‘‘(A) a Federal land management agency, 
with respect to any funds available pursuant to 
section 203 or 204; 
‘‘(B) a Federal land management agency, 
with respect to any funds available pursuant to 
section 1535 of title 31 for any eligible use de-
scribed in sections 203(a)(1) and 204(a)(1) of 
this title; or 
‘‘(C) a Tribal Government, with respect to 
any 
funds 
available 
pursuant 
to 
section 
202(b)(7)(D). 
‘‘(2) METHODS
DESCRIBED.—The contracting 
methods referred to in paragraph (1) shall include, at 
a minimum— 
‘‘(A) project bundling; 
‘‘(B) bridge bundling; 
‘‘(C) design-build contracting; 
‘‘(D) 2-phase contracting; 
‘‘(E) long-term concession agreements; and 
‘‘(F) any method tested, or that could be 
tested, under an experimental program relating 
to contracting methods carried out by the Sec-
retary. 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00571
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
572 
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection— 
‘‘(A) affects the application of the Federal 
share for a project carried out with a contracting 
method under this subsection; or 
‘‘(B) modifies the point of obligation of Fed-
eral salaries and expenses.’’. 
(b) USE OF ALTERNATIVE CONTRACTING METHOD.— 
In carrying out the amendments made by this section, the 
Secretary shall— 
(1) in consultation with the applicable Federal 
land management agencies, establish procedures that 
are— 
(A) applicable to each alternative con-
tracting method; and 
(B) to the maximum extent practicable, 
consistent with requirements for Federal procure-
ment transactions; 
(2) solicit input on the use of each alternative 
contracting method from any affected industry prior 
to using such method; and 
(3) analyze and prepare an evaluation of the use 
of each alternative contracting method. 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00572
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
573 
SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES. 
(a) IN GENERAL.—The Commissioner of the Bureau 
of Reclamation may transfer ownership of a bridge that is 
owned by the Bureau of Reclamation if— 
(1) the ownership of the bridge is transferred to 
a State with the concurrence of such State; 
(2) the State to which ownership is transferred 
agrees to operate and maintain the bridge; 
(3) the transfer of ownership complies with all 
applicable Federal requirements, including— 
(A) section 138 of title 23, United States 
Code; 
(B) section 306108 of title 54, United States 
Code; and 
(C) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(4) the Bureau of Reclamation and the State to 
which ownership is being transferred jointly notify 
the Secretary of Transportation of the intent to con-
duct a transfer prior to such transfer. 
(b) ACCESS.—In a transfer of ownership of a bridge 
under this section, the Commissioner of the Bureau of Rec-
lamation— 
(1) shall not be required to transfer ownership of 
the land on which the bridge is located or any adja-
cent lands; and 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00573
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
574 
(2) shall make arrangements with the State to 
which ownership is being transferred to allow for ade-
quate access to such bridge, including for the purposes 
of construction, maintenance, and bridge inspections 
pursuant to section 144 of title 23, United States 
Code. 
SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO IN-
DIAN TRIBES. 
Not later than January 31 of each year, the Secretary 
of Transportation shall submit to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public Works 
of the Senate a report that— 
(1) identifies the number of Indian Tribes that 
were direct recipients of funds under any discre-
tionary Federal highway, transit, or highway safety 
program in the prior fiscal year; 
(2) lists the total amount of such funds made 
available directly to such Tribes; 
(3) identifies the number and location of Indian 
Tribes that were indirect recipients of funds under 
any formula-based Federal highway, transit, or high-
way safety program in the prior fiscal year; and 
(4) lists the total amount of such funds made 
available indirectly to such tribes through states or 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00574
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
575 
other direct recipients of Federal highway, transit or 
highway safety funding. 
SEC. 1510. GAO STUDY. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study on the deferred mainte-
nance of United States forest roads, including— 
(1) the current backlog; 
(2) the current actions on such maintenance and 
backlog; 
(3) the impacts of public safety due to such de-
ferred maintenance; and 
(4) recommendations for Congress on ways to 
address such backlog. 
(b) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Comptroller General of the United 
States shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works of the Senate 
a report containing the results of the study conducted under 
subsection (a). 
SEC. 1511. FEDERAL LANDS ACCESS PROGRAM. 
Section 204(a) of title 23, United States Code, is 
amended— 
(1) in paragraph (1)(A)— 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00575
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
576 
(A) in the matter preceding clause (i), by 
inserting ‘‘context-sensitive solutions,’’ after ‘‘res-
toration,’’; 
(B) in clause (i), by inserting ‘‘, including 
interpretive panels in or adjacent to those areas’’ 
after ‘‘areas’’; 
(C) in clause (v), by striking ‘‘and’’ at the 
end; 
(D) by redesignating clause (vi) as clause 
(ix); and 
(E) by inserting after clause (v) the fol-
lowing: 
‘‘(vi) contextual wayfinding markers; 
‘‘(vii) landscaping; 
‘‘(viii) cooperative mitigation of visual 
blight, including screening or removal; 
and’’; and 
(2) by adding at the end the following: 
‘‘(6) NATIVE
PLANT
MATERIALS.—In carrying 
out an activity described in paragraph (1), the Sec-
retary shall ensure that the entity carrying out the 
activity considers— 
‘‘(A) the use of locally adapted native plant 
materials; and 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00576
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
577 
‘‘(B) designs that minimize runoff and heat 
generation.’’. 
Subtitle F—Additional Provisions 
SEC. 1601. VISION ZERO. 
(a) IN GENERAL.—A local government, metropolitan 
planning organization, or regional transportation planning 
organization may develop and implement a vision zero 
plan to significantly reduce or eliminate transportation-re-
lated fatalities and serious injuries within a specified time-
frame, not to exceed 20 years. 
(b) USE OF FUNDS.—Amounts apportioned to a State 
under paragraph (2) or (3) of section 104(b) of title 23, 
United States Code, may be used— 
(1) to carry out vision zero planning under this 
section or a vulnerable road user safety assessment; 
and 
(2) to implement an existing vision zero plan. 
(c) CONTENTS OF PLAN.—A vision zero plan under 
this section shall include— 
(1) a description of programs, strategies, or poli-
cies intended to significantly reduce or eliminate 
transportation-related fatalities and serious injuries 
within a specified timeframe, not to exceed 20 years, 
that is consistent with a State strategic highway safe-
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00577
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
578 
ty plan and uses existing transportation data and 
consideration of risk factors; 
(2) plans for implementation of, education of the 
public about, and enforcement of such programs, 
strategies, or policies; 
(3) a description of how such programs, strate-
gies, or policies, and the enforcement of such pro-
grams, strategies, or policies will— 
(A) equitably invest in the safety needs of 
low-income and minority communities; 
(B) ensure that such communities are not 
disproportionately targeted by law enforcement; 
and 
(C) protect the rights of members of such 
communities with respect to title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.); 
and 
(4) a description of a mechanism to evaluate 
progress of the development and implementation of 
the plan, including the gathering and use of transpor-
tation safety and demographic data. 
(d) INCLUSIONS.—A vision zero plan may include a 
complete streets prioritization plan that identifies a specific 
list of projects to— 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00578
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
579 
(1) create a connected network of active trans-
portation facilities, including sidewalks, bikeways, or 
pedestrian and bicycle trails, to connect communities 
and provide safe, reliable, affordable, and convenient 
access to employment, housing, and services, con-
sistent with the goals described in section 150(b) of 
title 23, United States Code; 
(2) integrate active transportation facilities with 
public transportation service or improve access to 
public transportation; and 
(3) improve transportation options for low-in-
come and minority communities. 
(e) COORDINATION.—A vision zero plan under this sec-
tion shall provide for coordination of various subdivisions 
of a unit of local government in the implementation of the 
plan, including subdivisions responsible for law enforce-
ment, public health, data collection, and public works. 
(f) SAFETY PERFORMANCE MANAGEMENT.—A vision 
zero plan under this section is not sufficient to demonstrate 
compliance with the safety performance or planning re-
quirements of section 148 or 150 of title 23, United States 
Code. 
(g) GUIDANCE
ON SAFE SYSTEM APPROACH.—The 
Secretary of Transportation shall develop guidance on the 
consideration of a safe system approach in project plan-
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00579
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
580 
ning, scoping, and design to facilitate the implementation 
of vision zero plans under this section and vulnerable road 
user assessments under section 148 of title 23, United States 
Code. 
(h) DEFINITIONS.—In this section, the terms ‘‘safe sys-
tem approach’’ and ‘‘vulnerable road user safety assess-
ment’’ have the meanings given such terms in section 148 
of title 23, United States Code. 
SEC. 1602. SPEED LIMITS. 
(a) SPEED LIMITS.—The Secretary of Transportation 
shall revise the Manual on Uniform Traffic Control Devices 
to provide for a safe system approach to setting speed lim-
its, consistent with the safety recommendations issued by 
the National Transportation Safety Board on August 15, 
2017, numbered H–17–27 and H–17–028. 
(b) CONSIDERATIONS.—In carrying out subparagraph 
(A), the Secretary shall consider— 
(1) crash statistics; 
(2) road geometry characteristics; 
(3) roadside characteristics; 
(4) traffic volume; 
(5) the possibility and likelihood of human error; 
(6) human injury tolerance; 
(7) the prevalence of vulnerable road users; and 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00580
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
581 
(8) any other consideration, consistent with a 
safe system approach, as determined by the Secretary. 
(c) REPORT
ON
SPEED
MANAGEMENT
PROGRAM 
PLAN.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall update and report on the 
implementation progress of the Speed Management Pro-
gram Plan of the Department of Transportation, as de-
scribed in the safety recommendation issued by the National 
Transportation Safety Board on August 15, 2017, num-
bered H–17–018. 
(d) DEFINITIONS.—In this section, the terms ‘‘safe sys-
tem approach’’ and ‘‘vulnerable road user’’ have the mean-
ings given such terms in section 148(a) of title 23, United 
States Code. 
SEC. 1603. DIG ONCE FOR BROADBAND INFRASTRUCTURE 
DEPLOYMENT. 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE
STATE
AGENCY.—The term 
‘‘appropriate State agency’’ means a State govern-
mental agency that is recognized by the executive 
branch of the State as having the experience necessary 
to evaluate and facilitate the installation and oper-
ation of broadband infrastructure within the State. 
(2) BROADBAND.—The term ‘‘broadband’’ has 
the meaning given the term ‘‘advanced telecommuni-
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00581
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
582 
cations capability’’ in section 706 of the Tele-
communications Act of 1996 (47 U.S.C. 1302). 
(3) 
BROADBAND
CONDUIT.—The 
term 
‘‘broadband conduit’’ means a conduit or innerduct 
for fiber optic cables (or successor technology of great-
er quality and speed) that supports the provision of 
broadband. 
(4) BROADBAND
INFRASTRUCTURE.—The term 
‘‘broadband infrastructure’’ means any buried or un-
derground facility and any wireless or wireline con-
nection that enables the provision of broadband. 
(5) 
BROADBAND
PROVIDER.—The 
term 
‘‘broadband provider’’ means an entity that provides 
broadband to any person, including, with respect to 
such entity— 
(A) a corporation, company, association, 
firm, partnership, nonprofit organization, or 
any other private entity; 
(B) a State or local broadband provider; 
(C) an Indian Tribe; and 
(D) a partnership between any of the enti-
ties described in subparagraphs (A), (B), and 
(C). 
(6) 
COVERED
HIGHWAY
CONSTRUCTION 
PROJECT.— 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00582
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
583 
(A) IN GENERAL.—The term ‘‘covered high-
way construction project’’ means, without regard 
to ownership of a highway, a project funded 
under title 23, United States Code, and adminis-
tered by a State department of transportation to 
construct a new highway or an additional lane 
for an existing highway, to reconstruct an exist-
ing highway, or new construction, including con-
struction of a paved shoulder. 
(B) EXCLUSIONS.—The term ‘‘covered high-
way construction project’’ excludes any project— 
(i) awarded before the date on which 
regulations required under subsection (b) 
take effect; 
(ii) that does not include work beyond 
the edge of pavement or current paved 
shoulder; 
(iii) that is less than a mile in length; 
or 
(iv) that is— 
(I) a project primarily for resur-
facing, restoration, rehabilitation, or 
maintenance; 
(II) a bicycle, pedestrian, trans-
portation alternatives, sidewalk, rec-
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00583
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
584 
reational trails, or safe routes to school 
project; 
(III) an operational improvement 
(as such term is defined in section 101 
of title 23, United States Code); 
(IV) a project primarily to install 
signage; or 
(V) a culvert project. 
(7) DIG ONCE REQUIREMENT.—The term ‘‘dig 
once requirement’’ means a requirement designed to 
reduce the cost and accelerate the deployment of 
broadband by minimizing the number and scale of re-
peated excavations for the installation and mainte-
nance of broadband conduit or broadband infrastruc-
ture in rights-of-way. 
(8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given such term in section 4(e) of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304(e)). 
(9) NTIA ADMINISTRATOR.—The term ‘‘NTIA 
Administrator’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
(10) PROJECT.—The term ‘‘project’’ has the 
meaning given such term in section 101 of title 23, 
United States Code. 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00584
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
585 
(11) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(12) STATE.—The term ‘‘State’’ has the meaning 
given such term in section 401 of title 23, United 
States Code. 
(13) STATE OR LOCAL BROADBAND PROVIDER.— 
The term ‘‘State or local broadband provider’’ means 
a State or political subdivision thereof, or any agen-
cy, authority, or instrumentality of a State or polit-
ical subdivision thereof, that provides broadband to 
any person or facilitates the provision of broadband 
to any person in such State. 
(b) DIG ONCE REQUIREMENT.—Not later than 12 
months after the date of enactment of this Act, to facilitate 
the installation of broadband infrastructure, the Secretary 
shall issue such regulations as may be necessary to ensure 
that each State that receives funds under chapter 1 of title 
23, United States Code, complies with the following provi-
sions: 
(1) BROADBAND
PLANNING
AND
NOTICE.—The 
State department of transportation, in consultation 
with appropriate State agencies, shall— 
(A) review existing State broadband plans, 
including existing dig once requirements of the 
State, 
municipal 
governments 
incorporated 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00585
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
586 
under State law, and Indian tribes within the 
State, to determine opportunities to coordinate 
covered highway construction projects occurring 
within or across highway rights-of-way with 
planned broadband infrastructure projects; 
(B) identify a broadband coordinator, who 
may have additional responsibilities in the State 
department of transportation or in another State 
agency, that is responsible for facilitating the 
broadband infrastructure right-of-way efforts 
within the State; and 
(C) establish a process— 
(i) for the registration of broadband 
providers that seek to be included in the ad-
vance notification of, and opportunity to 
participate in, broadband infrastructure 
right-of-way facilitation efforts within the 
State; and 
(ii) 
to 
electronically 
notify 
all 
broadband providers registered under clause 
(i)— 
(I) of the State transportation im-
provement program on at least an an-
nual basis; and 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00586
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
587 
(II) of covered highway construc-
tion projects within the highway right- 
of-way for which Federal funding is 
expected to be obligated in the subse-
quent fiscal year. 
(2) COORDINATION AND COMPLIANCE.— 
(A) MOBILE NOW ACT.—A State department 
of transportation shall be considered to meet the 
requirements of subparagraphs (B) and (C) of 
paragraph (1) if such State department of trans-
portation has been determined to be in compli-
ance with the requirements established under sec-
tion 607 of division P of the Consolidated Ap-
propriations Act, 2018 (47 U.S.C. 1504). 
(B) WEBSITE.—A State department of 
transportation shall be considered to meet the re-
quirements of paragraph (1)(C) if the State pub-
lishes on a public website— 
(i) the State transportation improve-
ment program on at least an annual basis; 
and 
(ii) 
covered 
highway 
construction 
projects within the highway right-of-way for 
which Federal funding is expected to be ob-
ligated in the subsequent fiscal year. 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00587
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
588 
(C) COORDINATION.—The State department 
of transportation, in consultation with appro-
priate State agencies, shall by rule or regulation 
establish a process for a broadband provider to 
commit to installing broadband conduit or 
broadband infrastructure as part of any covered 
highway construction project. 
(D) APPROPRIATE STATE AGENCY.—In lieu 
of the State department of transportation, at the 
discretion of the State, an appropriate State 
agency, in consultation with the State depart-
ment of transportation, may carry out the re-
quirements of paragraph (1). 
(3) REQUIRED
INSTALLATION
OF
BROADBAND 
CONDUIT.— 
(A) IN GENERAL.—The State department of 
transportation shall install broadband conduit, 
in accordance with this paragraph (except as de-
scribed in subparagraph (F)), as part of any 
covered highway construction project, unless a 
broadband provider has committed to install 
broadband conduit or broadband infrastructure 
as part of such project in a process described 
under paragraph (2)(C). 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00588
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
589 
(B) INSTALLATION REQUIREMENTS.—In in-
stalling broadband conduit or broadband infra-
structure as part of a covered highway construc-
tion project, the State department of transpor-
tation shall ensure that— 
(i) installation pursuant to this para-
graph of broadband conduit, broadband in-
frastructure, and means or points of access 
to such conduit or infrastructure (such as 
poles, hand holes, manholes, pull tape, or 
ducts) shall provide for the current and fu-
ture safe operation of the traveled way, is 
consistent with part 645 of title 23, Code of 
Federal Regulations, and any accommoda-
tion policies of the State under such part to 
reasonably enable deployment of such con-
duit, infrastructure, and means or points of 
access, and any Damage Prevention and 
Underground Facilities Protection or re-
lated requirements of the State; 
(ii) 
an 
appropriate 
number 
of 
broadband conduits, as determined in con-
sultation with the appropriate State agen-
cies, are installed along the right-of-way of 
a covered highway construction project to 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00589
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
590 
accommodate multiple broadband providers, 
with consideration given to the availability 
of existing broadband conduits; 
(iii) the size of each broadband conduit 
is consistent with industry best practices, 
consistent with the requirements of part 645 
of title 23, Code of Federal Regulations, and 
sufficient to accommodate anticipated de-
mand, as determined in consultation with 
the appropriate State agencies; 
(iv) any hand holes and manholes nec-
essary for fiber access and pulling with re-
spect to such conduit are placed at intervals 
consistent with standards determined in 
consultation with the appropriate State 
agencies (which may differ by type of road, 
topologies, and rurality) the requirements of 
part 645 of title 23, Code of Federal Regu-
lations, and other applicable safety require-
ments; 
(v) each broadband conduit installed 
pursuant to this paragraph includes a pull 
tape and is capable of supporting fiber 
optic cable placement techniques consistent 
with best practices and the requirements of 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00590
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
591 
part 645 of title 23, Code of Federal Regu-
lations; 
(vi) broadband conduit is placed at a 
depth consistent with requirements of the 
covered highway construction project and 
best practices and that, in determining the 
depth of placement, consideration is given 
to the location of existing utilities and cable 
separation requirements of State and local 
electrical codes; and 
(vii) installation of broadband conduit 
shall not preclude the installation of other 
specific socially, environmentally, or eco-
nomically beneficial uses of the right-of- 
way, such as planned energy transmission 
or renewable energy generation projects. 
(C) PROGRAMMATIC
REVIEW.—The State 
department of transportation may make deter-
minations on the implementation of the require-
ments described in subparagraph (B) on a pro-
grammatic basis. 
(D) ACCESS.— 
(i) IN
GENERAL.—The State depart-
ment of transportation shall ensure that 
any requesting broadband provider has ac-
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00591
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
592 
cess to each broadband conduit installed by 
the State pursuant to this paragraph, on a 
competitively 
neutral 
and 
nondiscrim-
inatory basis and in accordance with State 
permitting, licensing, leasing, or other simi-
lar laws and regulations. 
(ii) SOCIALLY BENEFICIAL USE.—The 
installation of broadband conduit as part of 
a covered highway construction project shall 
be considered a socially-beneficial use of the 
right-of-way under section 156(b) of title 
23, United States Code. 
(iii) 
IN-KIND
COMPENSATION.—The 
State department of transportation may ne-
gotiate in-kind compensation with any 
broadband provider requesting access to 
broadband conduit installed under the pro-
visions of this paragraph. 
(iv) SAFETY
CONSIDERATIONS.—The 
State department of transportation shall 
provide for a process for a broadband pro-
vider to safely access to the highway right- 
of-way during installation and on-going 
maintenance of the broadband conduit and 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00592
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
593 
broadband infrastructure, including a traf-
fic control safety plan. 
(v) COMMUNICATION.—A broadband 
provider with access to the conduit installed 
pursuant to this subsection shall notify, and 
receive permission from, the relevant agen-
cies of State responsible for the installation 
of such broadband conduit prior to access-
ing any highway or highway right-of-way, 
in accordance with applicable Federal re-
quirements. 
(E) TREATMENT
OF
PROJECTS.—Notwith-
standing any other provision of law, broadband 
conduit and broadband infrastructure installa-
tion projects installed by a State under this 
paragraph shall comply with section 113(a) of 
title 23, United States Code. 
(F) WAIVER AUTHORITY.— 
(i) IN GENERAL.—A State department 
of transportation may waive the required 
installation of broadband conduit for part 
or all of any covered highway construction 
project under this paragraph if, in the de-
termination of the State department of 
transportation— 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00593
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
594 
(I) broadband infrastructure, ter-
restrial broadband infrastructure, aer-
ial 
broadband 
fiber 
cables, 
or 
broadband conduit is present near a 
majority of the length of the covered 
highway construction project; 
(II) installation of terrestrial or 
aerial broadband fiber cables associated 
with the covered highway construction 
project is more appropriate for the con-
text or a more cost-effective means to 
facilitate broadband service to an area 
not adequately served by broadband 
and such installation is present or 
planned; 
(III) the installation of broadband 
conduit increases overall costs of a cov-
ered highway construction project by 
1.5 percent or greater; 
(IV) the installation of broadband 
conduit associated with the covered 
highway construction project is not 
reasonably expected to be utilized or 
connected to future broadband infra-
structure in the 20 years following the 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00594
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
595 
date on which such determination is 
made, as determined by the State de-
partment of transportation, in con-
sultation with appropriate State agen-
cies and potentially affected local gov-
ernments and Indian tribes; 
(V) the requirements of this para-
graph would require installation of 
conduit redundant with a dig once re-
quirement of a local government or In-
dian tribe; 
(VI) there exists a circumstance 
involving force majeure; or 
(VII) the installation of conduit is 
not appropriate based on other rel-
evant factors established by the Sec-
retary in consultation with the NTIA 
Administrator through regulation. 
(ii) CONTENTS OF WAIVER.—A waiver 
authorized under this subparagraph shall— 
(I) identify the covered highway 
construction project; and 
(II) include a brief description of 
the determination of the State for 
issuing such waiver. 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00595
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
653 
and generally following portions of Louisiana High-
way 8 to Leesville, Louisiana, and then eastward on 
Louisiana Highway 28, passing in the vicinity of Al-
exandria, Pineville, Walters, and Archie, to the log-
ical terminus of United States Route 84 at the Mis-
sissippi River Bridge at Vidalia, Louisiana.’’. 
(3) CENTRAL
MISSISSIPPI
CORRIDOR.—Section 
1105(c) of the Intermodal Surface Transportation Ef-
ficiency Act of 1991, as amended by this Act, is fur-
ther amended by adding at the end the following: 
‘‘(92) The Central Mississippi Corridor, includ-
ing the route— 
‘‘(A) commencing at the logical terminus of 
United States Route 84 at the Mississippi River 
and then generally following portions of United 
States Route 84 passing in the vicinity of Natch-
ez, Brookhaven, Monticello, Prentiss, and Collins, 
to Interstate 59 in the vicinity of Laurel, Mis-
sissippi, and continuing on Interstate Route 59 
north to Interstate Route 20 and on Interstate 
Route 20 to the Mississippi-Alabama State Bor-
der; and 
‘‘(B) commencing in the vicinity of Laurel, 
Mississippi, running south on Interstate Route 
59 to United States Route 98 in the vicinity of 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00653
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
693 
than 10 percent of such amounts shall be made 
available to carry out section 5320. 
‘‘(H) 1 percent of amounts made available 
to carry out section 5339 of which not less than 
10 percent of such amounts shall be made avail-
able to carry out section 5320. 
‘‘(I) 1 percent of amounts made available to 
carry out section 5308. 
‘‘(2) ACTIVITIES.—The activities described in 
this paragraph are as follows: 
‘‘(A) Activities to oversee the construction of 
a major capital project. 
‘‘(B) Activities to review and audit the safe-
ty and security, procurement, management, and 
financial compliance of a recipient or sub-
recipient of funds under this chapter. 
‘‘(C) Activities to provide technical assist-
ance generally, and to provide technical assist-
ance to correct deficiencies identified in compli-
ance reviews and audits carried out under this 
section. 
‘‘(3) GOVERNMENT SHARE OF COSTS.—The Gov-
ernment shall pay the entire cost of carrying out a 
contract under this subsection. 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 00693
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS