H. R. 22 
One Hundred Fourteenth Congress 
of the 
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Tuesday, 
the sixth day of January, two thousand and fifteen 
An Act 
To authorize funds for Federal-aid highways, highway safety programs, and transit 
programs, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Fixing Amer-
ica’s Surface Transportation Act’’ or the ‘‘FAST Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
DIVISION A—SURFACE TRANSPORTATION 
Sec. 1001. Definitions. 
Sec. 1002. Reconciliation of funds. 
Sec. 1003. Effective date. 
Sec. 1004. References. 
TITLE I—FEDERAL-AID HIGHWAYS 
Subtitle A—Authorizations and Programs 
Sec. 1101. Authorization of appropriations. 
Sec. 1102. Obligation ceiling. 
Sec. 1103. Definitions. 
Sec. 1104. Apportionment. 
Sec. 1105. Nationally significant freight and highway projects. 
Sec. 1106. National highway performance program. 
Sec. 1107. Emergency relief for federally owned roads. 
Sec. 1108. Railway-highway grade crossings. 
Sec. 1109. Surface transportation block grant program. 
Sec. 1110. Highway use tax evasion projects. 
Sec. 1111. Bundling of bridge projects. 
Sec. 1112. Construction of ferry boats and ferry terminal facilities. 
Sec. 1113. Highway safety improvement program. 
Sec. 1114. Congestion mitigation and air quality improvement program. 
Sec. 1115. Territorial and Puerto Rico highway program. 
Sec. 1116. National highway freight program. 
Sec. 1117. Federal lands and tribal transportation programs. 
Sec. 1118. Tribal transportation program amendment. 
Sec. 1119. Federal lands transportation program. 
Sec. 1120. Federal lands programmatic activities. 
Sec. 1121. Tribal transportation self-governance program. 
Sec. 1122. State flexibility for National Highway System modifications. 
Sec. 1123. Nationally significant Federal lands and tribal projects program. 
Subtitle B—Planning and Performance Management 
Sec. 1201. Metropolitan transportation planning. 
Sec. 1202. Statewide and nonmetropolitan transportation planning. 
Subtitle C—Acceleration of Project Delivery 
Sec. 1301. Satisfaction of requirements for certain historic sites.
H. R. 22—2 
Sec. 1302. Clarification of transportation environmental authorities. 
Sec. 1303. Treatment of certain bridges under preservation requirements. 
Sec. 1304. Efficient environmental reviews for project decisionmaking. 
Sec. 1305. Integration of planning and environmental review. 
Sec. 1306. Development of programmatic mitigation plans. 
Sec. 1307. Technical assistance for States. 
Sec. 1308. Surface transportation project delivery program. 
Sec. 1309. Program for eliminating duplication of environmental reviews. 
Sec. 1310. Application of categorical exclusions for multimodal projects. 
Sec. 1311. Accelerated decisionmaking in environmental reviews. 
Sec. 1312. Improving State and Federal agency engagement in environmental re-
views. 
Sec. 1313. Aligning Federal environmental reviews. 
Sec. 1314. Categorical exclusion for projects of limited Federal assistance. 
Sec. 1315. Programmatic agreement template. 
Sec. 1316. Assumption of authorities. 
Sec. 1317. Modernization of the environmental review process. 
Sec. 1318. Assessment of progress on accelerating project delivery. 
Subtitle D—Miscellaneous 
Sec. 1401. Prohibition on the use of funds for automated traffic enforcement. 
Sec. 1402. Highway Trust Fund transparency and accountability. 
Sec. 1403. Additional deposits into Highway Trust Fund. 
Sec. 1404. Design standards. 
Sec. 1405. Justification reports for access points on the Interstate System. 
Sec. 1406. Performance period adjustment. 
Sec. 1407. Vehicle-to-infrastructure equipment. 
Sec. 1408. Federal share payable. 
Sec. 1409. Milk products. 
Sec. 1410. Interstate weight limits. 
Sec. 1411. Tolling; HOV facilities; Interstate reconstruction and rehabilitation. 
Sec. 1412. Projects for public safety relating to idling trains. 
Sec. 1413. National electric vehicle charging and hydrogen, propane, and natural 
gas fueling corridors. 
Sec. 1414. Repeat offender criteria. 
Sec. 1415. Administrative provisions to encourage pollinator habitat and forage on 
transportation rights-of-way. 
Sec. 1416. High priority corridors on National Highway System. 
Sec. 1417. Work zone and guard rail safety training. 
Sec. 1418. Consolidation of programs. 
Sec. 1419. Elimination or modification of certain reporting requirements. 
Sec. 1420. Flexibility for projects. 
Sec. 1421. Productive and timely expenditure of funds. 
Sec. 1422. Study on performance of bridges. 
Sec. 1423. Relinquishment of park-and-ride lot facilities. 
Sec. 1424. Pilot program. 
Sec. 1425. Service club, charitable association, or religious service signs. 
Sec. 1426. Motorcyclist advisory council. 
Sec. 1427. Highway work zones. 
Sec. 1428. Use of durable, resilient, and sustainable materials and practices. 
Sec. 1429. Identification of roadside highway safety hardware devices. 
Sec. 1430. Use of modeling and simulation technology. 
Sec. 1431. National Advisory Committee on Travel and Tourism Infrastructure. 
Sec. 1432. Emergency exemptions. 
Sec. 1433. Report on Highway Trust Fund administrative expenditures. 
Sec. 1434. Availability of reports. 
Sec. 1435. Appalachian development highway system. 
Sec. 1436. Appalachian regional development program. 
Sec. 1437. Border State infrastructure. 
Sec. 1438. Adjustments. 
Sec. 1439. Elimination of barriers to improve at-risk bridges. 
Sec. 1440. At-risk project preagreement authority. 
Sec. 1441. Regional infrastructure accelerator demonstration program. 
Sec. 1442. Safety for users. 
Sec. 1443. Sense of Congress. 
Sec. 1444. Every Day Counts initiative. 
Sec. 1445. Water infrastructure finance and innovation. 
Sec. 1446. Technical corrections. 
TITLE II—INNOVATIVE PROJECT FINANCE 
Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998 
amendments.
H. R. 22—3 
Sec. 2002. Availability payment concession model. 
TITLE III—PUBLIC TRANSPORTATION 
Sec. 3001. Short title. 
Sec. 3002. Definitions. 
Sec. 3003. Metropolitan and statewide transportation planning. 
Sec. 3004. Urbanized area formula grants. 
Sec. 3005. Fixed guideway capital investment grants. 
Sec. 3006. Enhanced mobility of seniors and individuals with disabilities. 
Sec. 3007. Formula grants for rural areas. 
Sec. 3008. Public transportation innovation. 
Sec. 3009. Technical assistance and workforce development. 
Sec. 3010. Private sector participation. 
Sec. 3011. General provisions. 
Sec. 3012. Project management oversight. 
Sec. 3013. Public transportation safety program. 
Sec. 3014. Apportionments. 
Sec. 3015. State of good repair grants. 
Sec. 3016. Authorizations. 
Sec. 3017. Grants for buses and bus facilities. 
Sec. 3018. Obligation ceiling. 
Sec. 3019. Innovative procurement. 
Sec. 3020. Review of public transportation safety standards. 
Sec. 3021. Study on evidentiary protection for public transportation safety program 
information. 
Sec. 3022. Improved public transportation safety measures. 
Sec. 3023. Paratransit system under FTA approved coordinated plan. 
Sec. 3024. Report on potential of Internet of Things. 
Sec. 3025. Report on parking safety. 
Sec. 3026. Appointment of directors of Washington Metropolitan Area Transit Au-
thority. 
Sec. 3027. Effectiveness of public transportation changes and funding. 
Sec. 3028. Authorization of grants for positive train control. 
Sec. 3029. Amendment to title 5. 
Sec. 3030. Technical and conforming changes. 
TITLE IV—HIGHWAY TRAFFIC SAFETY 
Sec. 4001. Authorization of appropriations. 
Sec. 4002. Highway safety programs. 
Sec. 4003. Highway safety research and development. 
Sec. 4004. High-visibility enforcement program. 
Sec. 4005. National priority safety programs. 
Sec. 4006. Tracking process. 
Sec. 4007. Stop motorcycle checkpoint funding. 
Sec. 4008. Marijuana-impaired driving. 
Sec. 4009. Increasing public awareness of the dangers of drug-impaired driving. 
Sec. 4010. National priority safety program grant eligibility. 
Sec. 4011. Data collection. 
Sec. 4012. Study on the national roadside survey of alcohol and drug use by driv-
ers. 
Sec. 4013. Barriers to data collection report. 
Sec. 4014. Technical corrections. 
Sec. 4015. Effective date for certain programs. 
TITLE V—MOTOR CARRIER SAFETY 
Subtitle A—Motor Carrier Safety Grant Consolidation 
Sec. 5101. Grants to States. 
Sec. 5102. Performance and registration information systems management. 
Sec. 5103. Authorization of appropriations. 
Sec. 5104. Commercial driver’s license program implementation. 
Sec. 5105. Extension of Federal motor carrier safety programs for fiscal year 2016. 
Sec. 5106. Motor carrier safety assistance program allocation. 
Sec. 5107. Maintenance of effort calculation. 
Subtitle B—Federal Motor Carrier Safety Administration Reform 
PART I—REGULATORY REFORM 
Sec. 5201. Notice of cancellation of insurance. 
Sec. 5202. Regulations. 
Sec. 5203. Guidance.
H. R. 22—4 
Sec. 5204. Petitions. 
Sec. 5205. Inspector standards. 
Sec. 5206. Applications. 
PART II—COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM 
Sec. 5221. Correlation study. 
Sec. 5222. Beyond compliance. 
Sec. 5223. Data certification. 
Sec. 5224. Data improvement. 
Sec. 5225. Accident review. 
Subtitle C—Commercial Motor Vehicle Safety 
Sec. 5301. Windshield technology. 
Sec. 5302. Prioritizing statutory rulemakings. 
Sec. 5303. Safety reporting system. 
Sec. 5304. New entrant safety review program. 
Sec. 5305. High risk carrier reviews. 
Sec. 5306. Post-accident report review. 
Sec. 5307. Implementing safety requirements. 
Subtitle D—Commercial Motor Vehicle Drivers 
Sec. 5401. Opportunities for veterans. 
Sec. 5402. Drug-free commercial drivers. 
Sec. 5403. Medical certification of veterans for commercial driver’s licenses. 
Sec. 5404. Commercial driver pilot program. 
Subtitle E—General Provisions 
Sec. 5501. Delays in goods movement. 
Sec. 5502. Emergency route working group. 
Sec. 5503. Household goods consumer protection working group. 
Sec. 5504. Technology improvements. 
Sec. 5505. Notification regarding motor carrier registration. 
Sec. 5506. Report on commercial driver’s license skills test delays. 
Sec. 5507. Electronic logging device requirements. 
Sec. 5508. Technical corrections. 
Sec. 5509. Minimum financial responsibility. 
Sec. 5510. Safety study regarding double-decker motorcoaches. 
Sec. 5511. GAO review of school bus safety. 
Sec. 5512. Access to National Driver Register. 
Sec. 5513. Report on design and implementation of wireless roadside inspection 
systems. 
Sec. 5514. Regulation of tow truck operations. 
Sec. 5515. Study on commercial motor vehicle driver commuting. 
Sec. 5516. Additional State authority. 
Sec. 5517. Report on motor carrier financial responsibility. 
Sec. 5518. Covered farm vehicles. 
Sec. 5519. Operators of hi-rail vehicles. 
Sec. 5520. Automobile transporter. 
Sec. 5521. Ready mix concrete delivery vehicles. 
Sec. 5522. Transportation of construction materials and equipment. 
Sec. 5523. Commercial delivery of light- and medium-duty trailers. 
Sec. 5524. Exemptions from requirements for certain welding trucks used in pipe-
line industry. 
Sec. 5525. Report. 
TITLE VI—INNOVATION 
Sec. 6001. Short title. 
Sec. 6002. Authorization of appropriations. 
Sec. 6003. Technology and innovation deployment program. 
Sec. 6004. Advanced transportation and congestion management technologies de-
ployment. 
Sec. 6005. Intelligent transportation system goals. 
Sec. 6006. Intelligent transportation system purposes. 
Sec. 6007. Intelligent transportation system program report. 
Sec. 6008. Intelligent transportation system national architecture and standards. 
Sec. 6009. Communication systems deployment report. 
Sec. 6010. Infrastructure development. 
Sec. 6011. Departmental research programs. 
Sec. 6012. Research and Innovative Technology Administration. 
Sec. 6013. Web-based training for emergency responders.
H. R. 22—5 
Sec. 6014. Hazardous materials research and development. 
Sec. 6015. Office of Intermodalism. 
Sec. 6016. University transportation centers. 
Sec. 6017. Bureau of Transportation Statistics. 
Sec. 6018. Port performance freight statistics program. 
Sec. 6019. Research planning. 
Sec. 6020. Surface transportation system funding alternatives. 
Sec. 6021. Future interstate study. 
Sec. 6022. Highway efficiency. 
Sec. 6023. Transportation technology policy working group. 
Sec. 6024. Collaboration and support. 
Sec. 6025. GAO report. 
Sec. 6026. Traffic congestion. 
Sec. 6027. Smart cities transportation planning study. 
Sec. 6028. Performance management data support program. 
TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION 
Sec. 7001. Short title. 
Subtitle A—Authorizations 
Sec. 7101. Authorization of appropriations. 
Subtitle B—Hazardous Material Safety and Improvement 
Sec. 7201. National emergency and disaster response. 
Sec. 7202. Motor carrier safety permits. 
Sec. 7203. Improving the effectiveness of planning and training grants. 
Sec. 7204. Improving publication of special permits and approvals. 
Sec. 7205. Enhanced reporting. 
Sec. 7206. Wetlines. 
Sec. 7207. GAO study on acceptance of classification examinations. 
Sec. 7208. Hazardous materials endorsement exemption. 
Subtitle C—Safe Transportation of Flammable Liquids by Rail 
Sec. 7301. Community safety grants. 
Sec. 7302. Real-time emergency response information. 
Sec. 7303. Emergency response. 
Sec. 7304. Phase-out of all tank cars used to transport Class 3 flammable liquids. 
Sec. 7305. Thermal blankets. 
Sec. 7306. Minimum requirements for top fittings protection for class DOT–117R 
tank cars. 
Sec. 7307. Rulemaking on oil spill response plans. 
Sec. 7308. Modification reporting. 
Sec. 7309. Report on crude oil characteristics research study. 
Sec. 7310. Hazardous materials by rail liability study. 
Sec. 7311. Study and testing of electronically controlled pneumatic brakes. 
TITLE VIII—MULTIMODAL FREIGHT TRANSPORTATION 
Sec. 8001. Multimodal freight transportation. 
TITLE IX—NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE 
FINANCE BUREAU 
Sec. 9001. National Surface Transportation and Innovative Finance Bureau. 
Sec. 9002. Council on Credit and Finance. 
TITLE X—SPORT FISH RESTORATION AND RECREATIONAL BOATING 
SAFETY 
Sec. 10001. Allocations. 
Sec. 10002. Recreational boating safety. 
TITLE XI—RAIL 
Sec. 11001. Short title. 
Subtitle A—Authorizations 
Sec. 11101. Authorization of grants to Amtrak. 
Sec. 11102. Consolidated rail infrastructure and safety improvements. 
Sec. 11103. Federal-State partnership for state of good repair. 
Sec. 11104. Restoration and enhancement grants. 
Sec. 11105. Authorization of appropriations for Amtrak Office of Inspector General. 
Sec. 11106. Definitions.
H. R. 22—6 
Subtitle B—Amtrak Reforms 
Sec. 11201. Accounts. 
Sec. 11202. Amtrak grant process. 
Sec. 11203. 5-year business line and asset plans. 
Sec. 11204. State-supported route committee. 
Sec. 11205. Composition of Amtrak’s Board of Directors. 
Sec. 11206. Route and service planning decisions. 
Sec. 11207. Food and beverage reform. 
Sec. 11208. Rolling stock purchases. 
Sec. 11209. Local products and promotional events. 
Sec. 11210. Amtrak pilot program for passengers transporting domesticated cats 
and dogs. 
Sec. 11211. Right-of-way leveraging. 
Sec. 11212. Station development. 
Sec. 11213. Amtrak boarding procedures. 
Sec. 11214. Amtrak debt. 
Sec. 11215. Elimination of duplicative reporting. 
Subtitle C—Intercity Passenger Rail Policy 
Sec. 11301. Consolidated rail infrastructure and safety improvements. 
Sec. 11302. Federal-State partnership for state of good repair. 
Sec. 11303. Restoration and enhancement grants. 
Sec. 11304. Gulf Coast rail service working group. 
Sec. 11305. Northeast Corridor Commission. 
Sec. 11306. Northeast corridor planning. 
Sec. 11307. Competition. 
Sec. 11308. Performance-based proposals. 
Sec. 11309. Large capital project requirements. 
Sec. 11310. Small business participation study. 
Sec. 11311. Shared-use study. 
Sec. 11312. Northeast Corridor through-ticketing and procurement efficiencies. 
Sec. 11313. Data and analysis. 
Sec. 11314. Amtrak Inspector General. 
Sec. 11315. Miscellaneous provisions. 
Sec. 11316. Technical and conforming amendments. 
Subtitle D—Safety 
Sec. 11401. Highway-rail grade crossing safety. 
Sec. 11402. Private highway-rail grade crossings. 
Sec. 11403. Study on use of locomotive horns at highway-rail grade crossings. 
Sec. 11404. Positive train control at grade crossings effectiveness study. 
Sec. 11405. Bridge inspection reports. 
Sec. 11406. Speed limit action plans. 
Sec. 11407. Alerters. 
Sec. 11408. Signal protection. 
Sec. 11409. Commuter rail track inspections. 
Sec. 11410. Post-accident assessment. 
Sec. 11411. Recording devices. 
Sec. 11412. Railroad police officers. 
Sec. 11413. Repair and replacement of damaged track inspection equipment. 
Sec. 11414. Report on vertical track deflection. 
Sec. 11415. Rail passenger liability. 
Subtitle E—Project Delivery 
Sec. 11501. Short title. 
Sec. 11502. Treatment of improvements to rail and transit under preservation re-
quirements. 
Sec. 11503. Efficient environmental reviews. 
Sec. 11504. Railroad rights-of-way. 
Subtitle F—Financing 
Sec. 11601. Short title; references. 
Sec. 11602. Definitions. 
Sec. 11603. Eligible applicants. 
Sec. 11604. Eligible purposes. 
Sec. 11605. Program administration. 
Sec. 11606. Loan terms and repayment. 
Sec. 11607. Credit risk premiums. 
Sec. 11608. Master credit agreements. 
Sec. 11609. Priorities and conditions.
H. R. 22—7 
Sec. 11610. Savings provisions. 
Sec. 11611. Report on leveraging RRIF. 
DIVISION B—COMPREHENSIVE TRANSPORTATION AND CONSUMER 
PROTECTION ACT OF 2015 
TITLE XXIV—MOTOR VEHICLE SAFETY 
Subtitle A—Vehicle Safety 
Sec. 24101. Authorization of appropriations. 
Sec. 24102. Inspector general recommendations. 
Sec. 24103. Improvements in availability of recall information. 
Sec. 24104. Recall process. 
Sec. 24105. Pilot grant program for state notification to consumers of motor vehicle 
recall status. 
Sec. 24106. Recall obligations under bankruptcy. 
Sec. 24107. Dealer requirement to check for open recall. 
Sec. 24108. Extension of time period for remedy of tire defects. 
Sec. 24109. Rental car safety. 
Sec. 24110. Increase in civil penalties for violations of motor vehicle safety. 
Sec. 24111. Electronic odometer disclosures. 
Sec. 24112. Corporate responsibility for NHTSA reports. 
Sec. 24113. Direct vehicle notification of recalls. 
Sec. 24114. Unattended children warning. 
Sec. 24115. Tire pressure monitoring system. 
Sec. 24116. Information regarding components involved in recall. 
Subtitle B—Research And Development And Vehicle Electronics 
Sec. 24201. Report on operations of the council for vehicle electronics, vehicle soft-
ware, and emerging technologies. 
Sec. 24202. Cooperation with foreign governments. 
Subtitle C—Miscellaneous Provisions 
PART I—DRIVER PRIVACY ACT OF 2015 
Sec. 24301. Short title. 
Sec. 24302. Limitations on data retrieval from vehicle event data recorders. 
Sec. 24303. Vehicle event data recorder study. 
PART II—SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015 
Sec. 24321. Short title. 
Sec. 24322. Passenger motor vehicle information. 
PART III—TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015 
Sec. 24331. Short title. 
Sec. 24332. Tire fuel efficiency minimum performance standards. 
Sec. 24333. Tire registration by independent sellers. 
Sec. 24334. Tire identification study and report. 
Sec. 24335. Tire recall database. 
PART IV—ALTERNATIVE FUEL VEHICLES 
Sec. 24341. Regulatory parity for natural gas vehicles. 
PART V—MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT 
Sec. 24351. Short title. 
Sec. 24352. Motor vehicle safety whistleblower incentives and protections. 
Subtitle D—Additional Motor Vehicle Provisions 
Sec. 24401. Required reporting of NHTSA agenda. 
Sec. 24402. Application of remedies for defects and noncompliance. 
Sec. 24403. Retention of safety records by manufacturers. 
Sec. 24404. Nonapplication of prohibitions relating to noncomplying motor vehicles 
to vehicles used for testing or evaluation. 
Sec. 24405. Treatment of low-volume manufacturers. 
Sec. 24406. Motor vehicle safety guidelines. 
Sec. 24407. Improvement of data collection on child occupants in vehicle crashes. 
DIVISION C—FINANCE 
TITLE XXXI—HIGHWAY TRUST FUND AND RELATED TAXES 
Subtitle A—Extension of Trust Fund Expenditure Authority and Related Taxes 
Sec. 31101. Extension of Highway Trust Fund expenditure authority.
H. R. 22—8 
Sec. 31102. Extension of highway-related taxes. 
Subtitle B—Additional Transfers to Highway Trust Fund 
Sec. 31201. Further additional transfers to trust fund. 
Sec. 31202. Transfer to Highway Trust Fund of certain motor vehicle safety pen-
alties. 
Sec. 31203. Appropriation from Leaking Underground Storage Tank Trust Fund. 
TITLE XXXII—OFFSETS 
Subtitle A—Tax Provisions 
Sec. 32101. Revocation or denial of passport in case of certain unpaid taxes. 
Sec. 32102. Reform of rules relating to qualified tax collection contracts. 
Sec. 32103. Special compliance personnel program. 
Sec. 32104. Repeal of modification of automatic extension of return due date for 
certain employee benefit plans. 
Subtitle B—Fees and Receipts 
Sec. 32201. Adjustment for inflation of fees for certain customs services. 
Sec. 32202. Limitation on surplus funds of Federal reserve banks. 
Sec. 32203. Dividends of Federal reserve banks. 
Sec. 32204. Strategic Petroleum Reserve drawdown and sale. 
Sec. 32205. Repeal. 
Subtitle C—Outlays 
Sec. 32301. Interest on overpayment. 
Subtitle D—Budgetary Effects 
Sec. 32401. Budgetary effects. 
DIVISION D—MISCELLANEOUS 
TITLE XLI—FEDERAL PERMITTING IMPROVEMENT 
Sec. 41001. Definitions. 
Sec. 41002. Federal Permitting Improvement Council. 
Sec. 41003. Permitting process improvement. 
Sec. 41004. Interstate compacts. 
Sec. 41005. Coordination of required reviews. 
Sec. 41006. Delegated State permitting programs. 
Sec. 41007. Litigation, judicial review, and savings provision. 
Sec. 41008. Reports. 
Sec. 41009. Funding for governance, oversight, and processing of environmental re-
views and permits. 
Sec. 41010. Application. 
Sec. 41011. GAO Report. 
Sec. 41012. Savings provision. 
Sec. 41013. Sunset. 
Sec. 41014. Placement. 
TITLE XLII—ADDITIONAL PROVISIONS 
Sec. 42001. GAO report on refunds to registered vendors of kerosene used in non-
commercial aviation. 
TITLE XLIII—PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES 
Sec. 43001. Payments from Abandoned Mine Reclamation Fund. 
DIVISION E—EXPORT-IMPORT BANK OF THE UNITED STATES 
Sec. 50001. Short title. 
TITLE LI—TAXPAYER PROTECTION PROVISIONS AND INCREASED 
ACCOUNTABILITY 
Sec. 51001. Reduction in authorized amount of outstanding loans, guarantees, and 
insurance. 
Sec. 51002. Increase in loss reserves. 
Sec. 51003. Review of fraud controls. 
Sec. 51004. Office of Ethics. 
Sec. 51005. Chief Risk Officer. 
Sec. 51006. Risk Management Committee. 
Sec. 51007. Independent audit of bank portfolio.
H. R. 22—9 
Sec. 51008. Pilot program for reinsurance. 
TITLE LII—PROMOTION OF SMALL BUSINESS EXPORTS 
Sec. 52001. Increase in small business lending requirements. 
Sec. 52002. Report on programs for small- and medium-sized businesses. 
TITLE LIII—MODERNIZATION OF OPERATIONS 
Sec. 53001. Electronic payments and documents. 
Sec. 53002. Reauthorization of information technology updating. 
TITLE LIV—GENERAL PROVISIONS 
Sec. 54001. Extension of authority. 
Sec. 54002. Certain updated loan terms and amounts. 
TITLE LV—OTHER MATTERS 
Sec. 55001. Prohibition on discrimination based on industry. 
Sec. 55002. Negotiations to end export credit financing. 
Sec. 55003. Study of financing for information and communications technology sys-
tems. 
DIVISION F—ENERGY SECURITY 
Sec. 61001. Emergency preparedness for energy supply disruptions. 
Sec. 61002. Resolving environmental and grid reliability conflicts. 
Sec. 61003. Critical electric infrastructure security. 
Sec. 61004. Strategic Transformer Reserve. 
Sec. 61005. Energy security valuation. 
DIVISION G—FINANCIAL SERVICES 
TITLE LXXI—IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH 
COMPANIES 
Sec. 71001. Filing requirement for public filing prior to public offering. 
Sec. 71002. Grace period for change of status of emerging growth companies. 
Sec. 71003. Simplified disclosure requirements for emerging growth companies. 
TITLE LXXII—DISCLOSURE MODERNIZATION AND SIMPLIFICATION 
Sec. 72001. Summary page for form 10–K. 
Sec. 72002. Improvement of regulation S–K. 
Sec. 72003. Study on modernization and simplification of regulation S–K. 
TITLE LXXIII—BULLION AND COLLECTIBLE COIN PRODUCTION 
EFFICIENCY AND COST SAVINGS 
Sec. 73001. Technical corrections. 
Sec. 73002. American Eagle Silver Bullion 30th Anniversary. 
TITLE LXXIV—SBIC ADVISERS RELIEF 
Sec. 74001. Advisers of SBICs and venture capital funds. 
Sec. 74002. Advisers of SBICs and private funds. 
Sec. 74003. Relationship to State law. 
TITLE LXXV—ELIMINATE PRIVACY NOTICE CONFUSION 
Sec. 75001. Exception to annual privacy notice requirement under the Gramm- 
Leach-Bliley Act. 
TITLE LXXVI—REFORMING ACCESS FOR INVESTMENTS IN STARTUP 
ENTERPRISES 
Sec. 76001. Exempted transactions. 
TITLE LXXVII—PRESERVATION ENHANCEMENT AND SAVINGS 
OPPORTUNITY 
Sec. 77001. Distributions and residual receipts. 
Sec. 77002. Future refinancings. 
Sec. 77003. Implementation. 
TITLE LXXVIII—TENANT INCOME VERIFICATION RELIEF 
Sec. 78001. Reviews of family incomes. 
TITLE LXXIX—HOUSING ASSISTANCE EFFICIENCY 
Sec. 79001. Authority to administer rental assistance.
H. R. 22—10 
Sec. 79002. Reallocation of funds. 
TITLE LXXX—CHILD SUPPORT ASSISTANCE 
Sec. 80001. Requests for consumer reports by State or local child support enforce-
ment agencies. 
TITLE LXXXI—PRIVATE INVESTMENT IN HOUSING 
Sec. 81001. Budget-neutral demonstration program for energy and water conserva-
tion improvements at multifamily residential units. 
TITLE LXXXII—CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL 
INSTITUTIONS 
Sec. 82001. Privately insured credit unions authorized to become members of a 
Federal home loan bank. 
Sec. 82002. GAO Report. 
TITLE LXXXIII—SMALL BANK EXAM CYCLE REFORM 
Sec. 83001. Smaller institutions qualifying for 18-month examination cycle. 
TITLE LXXXIV—SMALL COMPANY SIMPLE REGISTRATION 
Sec. 84001. Forward incorporation by reference for Form S–1. 
TITLE LXXXV—HOLDING COMPANY REGISTRATION THRESHOLD 
EQUALIZATION 
Sec. 85001. Registration threshold for savings and loan holding companies. 
TITLE LXXXVI—REPEAL OF INDEMNIFICATION REQUIREMENTS 
Sec. 86001. Repeal. 
TITLE LXXXVII—TREATMENT OF DEBT OR EQUITY INSTRUMENTS OF 
SMALLER INSTITUTIONS 
Sec. 87001. Date for determining consolidated assets. 
TITLE LXXXVIII—STATE LICENSING EFFICIENCY 
Sec. 88001. Short title. 
Sec. 88002. Background checks. 
TITLE LXXXIX—HELPING EXPAND LENDING PRACTICES IN RURAL 
COMMUNITIES 
Sec. 89001. Short title. 
Sec. 89002. Designation of rural area. 
Sec. 89003. Operations in rural areas. 
DIVISION A—SURFACE 
TRANSPORTATION 
SEC. 1001. DEFINITIONS. 
In this division, the following definitions apply: 
(1) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Transportation. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Transportation. 
SEC. 1002. RECONCILIATION OF FUNDS. 
The Secretary shall reduce the amount apportioned or allocated 
for a program, project, or activity under titles I and VI of this 
Act in fiscal year 2016 by amounts apportioned or allocated pursu-
ant to any extension Act of MAP–21, including the amendments 
made by that extension Act, during the period beginning on October 
1, 2015, and ending on the date of enactment of this Act. For 
purposes of making such reductions, funds set aside pursuant to 
section 133(h) of title 23, United States Code, as amended by
H. R. 22—11 
this Act, shall be reduced by the amount set aside pursuant to 
section 213 of such title, as in effect on the day before the date 
of enactment of this Act. 
SEC. 1003. EFFECTIVE DATE. 
Except as otherwise provided, this division, including the 
amendments made by this division, takes effect on October 1, 2015. 
SEC. 1004. REFERENCES. 
Except as expressly provided otherwise, any reference to ‘‘this 
Act’’ contained in this division shall be treated as referring only 
to the provisions of this division. 
TITLE I—FEDERAL-AID HIGHWAYS 
Subtitle A—Authorizations and Programs 
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account): 
(1) FEDERAL-AID
HIGHWAY
PROGRAM.—For the national 
highway performance program under section 119 of title 23, 
United States Code, the surface transportation block grant 
program under section 133 of that title, the highway safety 
improvement program under section 148 of that title, the 
congestion mitigation and air quality improvement program 
under section 149 of that title, the national highway freight 
program under section 167 of that title, and to carry out section 
134 of that title— 
(A) $39,727,500,000 for fiscal year 2016; 
(B) $40,547,805,000 for fiscal year 2017; 
(C) $41,424,020,075 for fiscal year 2018; 
(D) $42,358,903,696 for fiscal year 2019; and 
(E) $43,373,294,311 for fiscal year 2020. 
(2) 
TRANSPORTATION
INFRASTRUCTURE
FINANCE
AND 
INNOVATION
PROGRAM.—For 
credit 
assistance 
under 
the 
transportation infrastructure finance and innovation program 
under chapter 6 of title 23, United States Code— 
(A) $275,000,000 for fiscal year 2016; 
(B) $275,000,000 for fiscal year 2017; 
(C) $285,000,000 for fiscal year 2018; 
(D) $300,000,000 for fiscal year 2019; and 
(E) $300,000,000 for fiscal year 2020. 
(3) FEDERAL
LANDS
AND
TRIBAL
TRANSPORTATION
PRO-
GRAMS.— 
(A) TRIBAL TRANSPORTATION PROGRAM.—For the tribal 
transportation program under section 202 of title 23, 
United States Code— 
(i) $465,000,000 for fiscal year 2016; 
(ii) $475,000,000 for fiscal year 2017; 
(iii) $485,000,000 for fiscal year 2018; 
(iv) $495,000,000 for fiscal year 2019; and 
(v) $505,000,000 for fiscal year 2020. 
(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—
H. R. 22—12 
(i) IN GENERAL.—For the Federal lands transpor-
tation program under section 203 of title 23, United 
States Code— 
(I) $335,000,000 for fiscal year 2016; 
(II) $345,000,000 for fiscal year 2017; 
(III) $355,000,000 for fiscal year 2018; 
(IV) $365,000,000 for fiscal year 2019; and 
(V) $375,000,000 for fiscal year 2020. 
(ii) ALLOCATION.—Of the amount made available 
for a fiscal year under clause (i)— 
(I) the amount for the National Park Service 
is— 
(aa) $268,000,000 for fiscal year 2016; 
(bb) $276,000,000 for fiscal year 2017; 
(cc) $284,000,000 for fiscal year 2018; 
(dd) $292,000,000 for fiscal year 2019; and 
(ee) $300,000,000 for fiscal year 2020. 
(II) the amount for the United States Fish 
and Wildlife Service is $30,000,000 for each of 
fiscal years 2016 through 2020; and 
(III) the amount for the United States Forest 
Service is— 
(aa) $15,000,000 for fiscal year 2016; 
(bb) $16,000,000 for fiscal year 2017; 
(cc) $17,000,000 for fiscal year 2018; 
(dd) $18,000,000 for fiscal year 2019; and 
(ee) $19,000,000 for fiscal year 2020. 
(C) FEDERAL LANDS ACCESS PROGRAM.—For the Federal 
lands access program under section 204 of title 23, United 
States Code— 
(i) $250,000,000 for fiscal year 2016; 
(ii) $255,000,000 for fiscal year 2017; 
(iii) $260,000,000 for fiscal year 2018; 
(iv) $265,000,000 for fiscal year 2019; and 
(v) $270,000,000 for fiscal year 2020. 
(4) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.— 
For the territorial and Puerto Rico highway program under 
section 165 of title 23, United States Code, $200,000,000 for 
each of fiscal years 2016 through 2020. 
(5) NATIONALLY
SIGNIFICANT
FREIGHT
AND
HIGHWAY 
PROJECTS.—For nationally significant freight and highway 
projects under section 117 of title 23, United States Code— 
(A) $800,000,000 for fiscal year 2016; 
(B) $850,000,000 for fiscal year 2017; 
(C) $900,000,000 for fiscal year 2018; 
(D) $950,000,000 for fiscal year 2019; and 
(E) $1,000,000,000 for fiscal year 2020. 
(b) DISADVANTAGED BUSINESS ENTERPRISES.— 
(1) FINDINGS.—Congress finds that— 
(A) while significant progress has occurred due to the 
establishment of the disadvantaged business enterprise 
program, discrimination and related barriers continue to 
pose significant obstacles for minority- and women-owned 
businesses seeking to do business in federally assisted sur-
face transportation markets across the United States;
H. R. 22—13 
(B) the continuing barriers described in subparagraph 
(A) merit the continuation of the disadvantaged business 
enterprise program; 
(C) Congress has received and reviewed testimony and 
documentation of race and gender discrimination from 
numerous sources, including congressional hearings and 
roundtables, scientific reports, reports issued by public and 
private agencies, news stories, reports of discrimination 
by organizations and individuals, and discrimination law-
suits, which show that race- and gender-neutral efforts 
alone are insufficient to address the problem; 
(D) the testimony and documentation described in 
subparagraph (C) demonstrate that discrimination across 
the United States poses a barrier to full and fair participa-
tion in surface transportation-related businesses of women 
business owners and minority business owners and has 
impacted firm development and many aspects of surface 
transportation-related business in the public and private 
markets; and 
(E) the testimony and documentation described in 
subparagraph (C) provide a strong basis that there is a 
compelling need for the continuation of the disadvantaged 
business enterprise program to address race and gender 
discrimination in surface transportation-related business. 
(2) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
(A) SMALL BUSINESS CONCERN.— 
(i) IN GENERAL.—The term ‘‘small business con-
cern’’ means a small business concern (as the term 
is used in section 3 of the Small Business Act (15 
U.S.C. 632)). 
(ii) EXCLUSIONS.—The term ‘‘small business con-
cern’’ does not include any concern or group of concerns 
controlled by the same socially and economically dis-
advantaged individual or individuals that have average 
annual gross receipts during the preceding 3 fiscal 
years in excess of $23,980,000, as adjusted annually 
by the Secretary for inflation. 
(B) SOCIALLY
AND
ECONOMICALLY
DISADVANTAGED 
INDIVIDUALS.—The term ‘‘socially and economically dis-
advantaged individuals’’ has the meaning given the term 
in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) 
and relevant subcontracting regulations issued pursuant 
to that Act, except that women shall be presumed to be 
socially and economically disadvantaged individuals for 
purposes of this subsection. 
(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to 
the extent that the Secretary determines otherwise, not less 
than 10 percent of the amounts made available for any program 
under titles I, II, III, and VI of this Act and section 403 
of title 23, United States Code, shall be expended through 
small business concerns owned and controlled by socially and 
economically disadvantaged individuals. 
(4) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTER-
PRISES.—Each State shall annually— 
(A) survey and compile a list of the small business 
concerns referred to in paragraph (3) in the State, including
H. R. 22—14 
the location of the small business concerns in the State; 
and 
(B) notify the Secretary, in writing, of the percentage 
of the small business concerns that are controlled by— 
(i) women; 
(ii) 
socially 
and 
economically 
disadvantaged 
individuals (other than women); and 
(iii) individuals who are women and are otherwise 
socially and economically disadvantaged individuals. 
(5) UNIFORM CERTIFICATION.— 
(A) IN GENERAL.—The Secretary shall establish min-
imum uniform criteria for use by State governments in 
certifying whether a concern qualifies as a small business 
concern for the purpose of this subsection. 
(B) INCLUSIONS.—The minimum uniform criteria estab-
lished under subparagraph (A) shall include, with respect 
to a potential small business concern— 
(i) on-site visits; 
(ii) personal interviews with personnel; 
(iii) issuance or inspection of licenses; 
(iv) analyses of stock ownership; 
(v) listings of equipment; 
(vi) analyses of bonding capacity; 
(vii) listings of work completed; 
(viii) examination of the resumes of principal 
owners; 
(ix) analyses of financial capacity; and 
(x) analyses of the type of work preferred. 
(6) REPORTING.—The Secretary shall establish minimum 
requirements for use by State governments in reporting to 
the Secretary— 
(A) information concerning disadvantaged business 
enterprise awards, commitments, and achievements; and 
(B) such other information as the Secretary determines 
to be appropriate for the proper monitoring of the disadvan-
taged business enterprise program. 
(7) COMPLIANCE WITH COURT ORDERS.—Nothing in this sub-
section limits the eligibility of an individual or entity to receive 
funds made available under titles I, II, III, and VI of this 
Act and section 403 of title 23, United States Code, if the 
entity or person is prevented, in whole or in part, from com-
plying with paragraph (3) because a Federal court issues a 
final order in which the court finds that a requirement or 
the implementation of paragraph (3) is unconstitutional. 
(8) SENSE OF CONGRESS ON PROMPT PAYMENT OF DBE SUB-
CONTRACTORS.—It is the sense of Congress that— 
(A) the Secretary should take additional steps to ensure 
that recipients comply with section 26.29 of title 49, Code 
of Federal Regulations (the disadvantaged business enter-
prises prompt payment rule), or any corresponding regula-
tion, in awarding federally funded transportation contracts 
under laws and regulations administered by the Secretary; 
and 
(B) such additional steps should include increasing 
the Department’s ability to track and keep records of com-
plaints and to make that information publicly available.
H. R. 22—15 
SEC. 1102. OBLIGATION CEILING. 
(a) GENERAL LIMITATION.—Subject to subsection (e), and not-
withstanding any other provision of law, the obligations for Federal- 
aid highway and highway safety construction programs shall not 
exceed— 
(1) $42,361,000,000 for fiscal year 2016; 
(2) $43,266,100,000 for fiscal year 2017; 
(3) $44,234,212,000 for fiscal year 2018; 
(4) $45,268,596,000 for fiscal year 2019; and 
(5) $46,365,092,000 for fiscal year 2020. 
(b) EXCEPTIONS.—The limitations under subsection (a) shall 
not apply to obligations under or for— 
(1) section 125 of title 23, United States Code; 
(2) section 147 of the Surface Transportation Assistance 
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); 
(3) section 9 of the Federal-Aid Highway Act of 1981 (95 
Stat. 1701); 
(4) subsections (b) and (j) of section 131 of the Surface 
Transportation Assistance Act of 1982 (96 Stat. 2119); 
(5) subsections (b) and (c) of section 149 of the Surface 
Transportation and Uniform Relocation Assistance Act of 1987 
(101 Stat. 198); 
(6) sections 1103 through 1108 of the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 2027); 
(7) section 157 of title 23, United States Code (as in effect 
on June 8, 1998); 
(8) section 105 of title 23, United States Code (as in effect 
for fiscal years 1998 through 2004, but only in an amount 
equal to $639,000,000 for each of those fiscal years); 
(9) Federal-aid highway programs for which obligation 
authority was made available under the Transportation Equity 
Act for the 21st Century (112 Stat. 107) or subsequent Acts 
for multiple years or to remain available until expended, but 
only to the extent that the obligation authority has not lapsed 
or been used; 
(10) section 105 of title 23, United States Code (as in 
effect for fiscal years 2005 through 2012, but only in an amount 
equal to $639,000,000 for each of those fiscal years); 
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 
119 Stat. 1248), to the extent that funds obligated in accordance 
with that section were not subject to a limitation on obligations 
at the time at which the funds were initially made available 
for obligation; 
(12) section 119 of title 23, United States Code (as in 
effect for fiscal years 2013 through 2015, but only in an amount 
equal to $639,000,000 for each of those fiscal years); and 
(13) section 119 of title 23, United States Code (but, for 
fiscal years 2016 through 2020, only in an amount equal to 
$639,000,000 for each of those fiscal years). 
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal 
years 2016 through 2020, the Secretary— 
(1) shall not distribute obligation authority provided by 
subsection (a) for the fiscal year for— 
(A) amounts authorized for administrative expenses 
and programs by section 104(a) of title 23, United States 
Code; and
H. R. 22—16 
(B) amounts authorized for the Bureau of Transpor-
tation Statistics; 
(2) shall not distribute an amount of obligation authority 
provided by subsection (a) that is equal to the unobligated 
balance of amounts— 
(A) made available from the Highway Trust Fund 
(other than the Mass Transit Account) for Federal-aid high-
way and highway safety construction programs for previous 
fiscal years the funds for which are allocated by the Sec-
retary (or apportioned by the Secretary under section 202 
or 204 of title 23, United States Code); and 
(B) for which obligation authority was provided in a 
previous fiscal year; 
(3) shall determine the proportion that— 
(A) the obligation authority provided by subsection (a) 
for the fiscal year, less the aggregate of amounts not distrib-
uted under paragraphs (1) and (2) of this subsection; bears 
to 
(B) the total of the sums authorized to be appropriated 
for the Federal-aid highway and highway safety construc-
tion programs (other than sums authorized to be appro-
priated for provisions of law described in paragraphs (1) 
through (12) of subsection (b) and sums authorized to be 
appropriated for section 119 of title 23, United States Code, 
equal to the amount referred to in subsection (b)(13) for 
the fiscal year), less the aggregate of the amounts not 
distributed under paragraphs (1) and (2) of this subsection; 
(4) shall distribute the obligation authority provided by 
subsection (a), less the aggregate amounts not distributed under 
paragraphs (1) and (2), for each of the programs (other than 
programs to which paragraph (1) applies) that are allocated 
by the Secretary under this Act and title 23, United States 
Code, or apportioned by the Secretary under sections 202 or 
204 of that title, by multiplying— 
(A) the proportion determined under paragraph (3); 
by 
(B) the amounts authorized to be appropriated for each 
such program for the fiscal year; and 
(5) shall distribute the obligation authority provided by 
subsection (a), less the aggregate amounts not distributed under 
paragraphs (1) and (2) and the amounts distributed under 
paragraph (4), for Federal-aid highway and highway safety 
construction programs that are apportioned by the Secretary 
under title 23, United States Code (other than the amounts 
apportioned for the national highway performance program 
in section 119 of title 23, United States Code, that are exempt 
from the limitation under subsection (b)(13) and the amounts 
apportioned under sections 202 and 204 of that title) in the 
proportion that— 
(A) amounts authorized to be appropriated for the pro-
grams that are apportioned under title 23, United States 
Code, to each State for the fiscal year; bears to 
(B) the total of the amounts authorized to be appro-
priated for the programs that are apportioned under title 
23, United States Code, to all States for the fiscal year.
H. R. 22—17 
(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Not-
withstanding subsection (c), the Secretary shall, after August 1 
of each of fiscal years 2016 through 2020— 
(1) revise a distribution of the obligation authority made 
available under subsection (c) if an amount distributed cannot 
be obligated during that fiscal year; and 
(2) redistribute sufficient amounts to those States able 
to obligate amounts in addition to those previously distributed 
during that fiscal year, giving priority to those States having 
large unobligated balances of funds apportioned under sections 
144 (as in effect on the day before the date of enactment 
of MAP–21 (Public Law 112–141)) and 104 of title 23, United 
States Code. 
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPOR-
TATION RESEARCH PROGRAMS.— 
(1) IN
GENERAL.—Except as provided in paragraph (2), 
obligation limitations imposed by subsection (a) shall apply 
to contract authority for transportation research programs car-
ried out under— 
(A) chapter 5 of title 23, United States Code; and 
(B) title VI of this Act. 
(2) EXCEPTION.—Obligation authority made available under 
paragraph (1) shall— 
(A) remain available for a period of 4 fiscal years; 
and 
(B) be in addition to the amount of any limitation 
imposed on obligations for Federal-aid highway and high-
way safety construction programs for future fiscal years. 
(f) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.— 
(1) IN GENERAL.—Not later than 30 days after the date 
of distribution of obligation authority under subsection (c) for 
each of fiscal years 2016 through 2020, the Secretary shall 
distribute to the States any funds (excluding funds authorized 
for the program under section 202 of title 23, United States 
Code) that— 
(A) are authorized to be appropriated for the fiscal 
year for Federal-aid highway programs; and 
(B) the Secretary determines will not be allocated to 
the States (or will not be apportioned to the States under 
section 204 of title 23, United States Code), and will not 
be available for obligation, for the fiscal year because of 
the imposition of any obligation limitation for the fiscal 
year. 
(2) RATIO.—Funds shall be distributed under paragraph 
(1) in the same proportion as the distribution of obligation 
authority under subsection (c)(5). 
(3) AVAILABILITY.—Funds distributed to each State under 
paragraph (1) shall be available for any purpose described 
in section 133(b) of title 23, United States Code. 
SEC. 1103. DEFINITIONS. 
Section 101(a) of title 23, United States Code, is amended— 
(1) by striking paragraph (29); 
(2) by redesignating paragraphs (15) through (28) as para-
graphs (16) through (29), respectively; and 
(3) by inserting after paragraph (14) the following:
H. R. 22—18 
‘‘(15) NATIONAL
HIGHWAY
FREIGHT
NETWORK.—The term 
‘National Highway Freight Network’ means the National High-
way Freight Network established under section 167.’’. 
SEC. 1104. APPORTIONMENT. 
(a) ADMINISTRATIVE EXPENSES.—Section 104(a)(1) of title 23, 
United States Code, is amended to read as follows: 
‘‘(1) IN GENERAL.—There is authorized to be appropriated 
from the Highway Trust Fund (other than the Mass Transit 
Account) to be made available to the Secretary for administra-
tive expenses of the Federal Highway Administration— 
‘‘(A) $453,000,000 for fiscal year 2016; 
‘‘(B) $459,795,000 for fiscal year 2017; 
‘‘(C) $466,691,925 for fiscal year 2018; 
‘‘(D) $473,692,304 for fiscal year 2019; and 
‘‘(E) $480,797,689 for fiscal year 2020.’’. 
(b) DIVISION AMONG PROGRAMS OF STATE’S SHARE OF BASE 
APPORTIONMENT.—Section 104(b) of title 23, United States Code, 
is amended— 
(1) by striking ‘‘(b) DIVISION OF’’ and all that follows before 
paragraph (1) and inserting the following: 
‘‘(b) DIVISION AMONG PROGRAMS OF STATE’S SHARE OF BASE 
APPORTIONMENT.—The Secretary shall distribute the amount of 
the base apportionment apportioned to a State for a fiscal year 
under subsection (c) among the national highway performance pro-
gram, the surface transportation block grant program, the highway 
safety improvement program, the congestion mitigation and air 
quality improvement program, the national highway freight pro-
gram, and to carry out section 134 as follows:’’; 
(2) in paragraphs (1), (2), and (3) by striking ‘‘paragraphs 
(4) and (5)’’ each place it appears and inserting ‘‘paragraphs 
(4), (5), and (6)’’; 
(3) in paragraph (2)— 
(A) in the paragraph heading by striking ‘‘SURFACE 
TRANSPORTATION
PROGRAM’’ 
and 
inserting 
‘‘SURFACE 
TRANSPORTATION BLOCK GRANT PROGRAM’’; and 
(B) by striking ‘‘surface transportation program’’ and 
inserting ‘‘surface transportation block grant program’’; 
(4) in paragraph (4), in the matter preceding subparagraph 
(A), by striking ‘‘the amount determined for the State under 
subsection (c)’’ and inserting ‘‘the amount of the base apportion-
ment remaining for the State under subsection (c) after making 
the set aside in accordance with paragraph (5)’’; 
(5) by redesignating paragraph (5) as paragraph (6); 
(6) by inserting after paragraph (4) the following: 
‘‘(5) NATIONAL HIGHWAY FREIGHT PROGRAM.— 
‘‘(A) IN GENERAL.—For the national highway freight 
program under section 167, the Secretary shall set aside 
from the base apportionment determined for a State under 
subsection (c) an amount determined for the State under 
subparagraphs (B) and (C). 
‘‘(B) TOTAL AMOUNT.—The total amount set aside for 
the national highway freight program for all States shall 
be— 
‘‘(i) $1,150,000,000 for fiscal year 2016; 
‘‘(ii) $1,100,000,000 for fiscal year 2017; 
‘‘(iii) $1,200,000,000 for fiscal year 2018;
H. R. 22—19 
‘‘(iv) $1,350,000,000 for fiscal year 2019; and 
‘‘(v) $1,500,000,000 for fiscal year 2020. 
‘‘(C) STATE SHARE.—For each fiscal year, the Secretary 
shall distribute among the States the total set-aside 
amount for the national highway freight program under 
subparagraph (B) so that each State receives the amount 
equal to the proportion that— 
‘‘(i) the total base apportionment determined for 
the State under subsection (c); bears to 
‘‘(ii) the total base apportionments for all States 
under subsection (c). 
‘‘(D) METROPOLITAN
PLANNING.—Of the amount set 
aside under this paragraph for a State, the Secretary shall 
use to carry out section 134 an amount determined by 
multiplying the set-aside amount by the proportion that— 
‘‘(i) the amount apportioned to the State to carry 
out section 134 for fiscal year 2009; bears to 
‘‘(ii) the total amount of funds apportioned to the 
State for that fiscal year for the programs referred 
to in section 105(a)(2) (except for the high priority 
projects program referred to in section 105(a)(2)(H)), 
as in effect on the day before the date of enactment 
of MAP–21 (Public Law 112–141; 126 Stat. 405).’’; and 
(7) in paragraph (6) (as so redesignated), in the matter 
preceding subparagraph (A), by striking ‘‘the amount deter-
mined for the State under subsection (c)’’ and inserting ‘‘the 
amount of the base apportionment remaining for a State under 
subsection (c) after making the set aside in accordance with 
paragraph (5)’’. 
(c) CALCULATION OF STATE AMOUNTS.—Section 104(c) of title 
23, United States Code, is amended to read as follows: 
‘‘(c) CALCULATION OF AMOUNTS.— 
‘‘(1) STATE SHARE.—For each of fiscal years 2016 through 
2020, the amount for each State shall be determined as follows: 
‘‘(A) INITIAL AMOUNTS.—The initial amounts for each 
State shall be determined by multiplying— 
‘‘(i) each of— 
‘‘(I) the base apportionment; 
‘‘(II) supplemental funds reserved under sub-
section (h)(1) for the national highway performance 
program; and 
‘‘(III) supplemental funds reserved under sub-
section (h)(2) for the surface transportation block 
grant program; by 
‘‘(ii) the share for each State, which shall be equal 
to the proportion that— 
‘‘(I) the amount of apportionments that the 
State received for fiscal year 2015; bears to 
‘‘(II) the amount of those apportionments 
received by all States for that fiscal year. 
‘‘(B) ADJUSTMENTS TO AMOUNTS.—The initial amounts 
resulting from the calculation under subparagraph (A) shall 
be adjusted to ensure that each State receives an aggregate 
apportionment equal to at least 95 percent of the estimated 
tax payments attributable to highway users in the State 
paid into the Highway Trust Fund (other than the Mass
H. R. 22—20 
Transit Account) in the most recent fiscal year for which 
data are available. 
‘‘(2) STATE APPORTIONMENT.—On October 1 of fiscal years 
2016 through 2020, the Secretary shall apportion the sums 
authorized to be appropriated for expenditure on the national 
highway performance program under section 119, the surface 
transportation block grant program under section 133, the high-
way safety improvement program under section 148, the conges-
tion mitigation and air quality improvement program under 
section 149, the national highway freight program under section 
167, and to carry out section 134 in accordance with paragraph 
(1).’’. 
(d) SUPPLEMENTAL FUNDS.—Section 104 of title 23, United 
States Code, is amended by adding at the end the following: 
‘‘(h) SUPPLEMENTAL FUNDS.— 
‘‘(1) 
SUPPLEMENTAL
FUNDS
FOR
NATIONAL
HIGHWAY 
PERFORMANCE PROGRAM.— 
‘‘(A) AMOUNT.—Before making an apportionment for 
a fiscal year under subsection (c), the Secretary shall 
reserve for the national highway performance program 
under section 119 for that fiscal year an amount equal 
to— 
‘‘(i) $53,596,122 for fiscal year 2019; and 
‘‘(ii) $66,717,816 for fiscal year 2020. 
‘‘(B) TREATMENT
OF
FUNDS.—Funds reserved under 
subparagraph (A) and apportioned to a State under sub-
section (c) shall be treated as if apportioned under sub-
section (b)(1), and shall be in addition to amounts appor-
tioned under that subsection. 
‘‘(2) SUPPLEMENTAL FUNDS FOR SURFACE TRANSPORTATION 
BLOCK GRANT PROGRAM.— 
‘‘(A) AMOUNT.—Before making an apportionment for 
a fiscal year under subsection (c), the Secretary shall 
reserve for the surface transportation block grant program 
under section 133 for that fiscal year an amount equal 
to— 
‘‘(i) $835,000,000 for each of fiscal years 2016 and 
2017 pursuant to section 133(h), plus— 
‘‘(I) $55,426,310 for fiscal year 2016; and 
‘‘(II) $89,289,904 for fiscal year 2017; and 
‘‘(ii) $850,000,000 for each of fiscal years 2018 
through 2020 pursuant to section 133(h), plus— 
‘‘(I) $118,013,536 for fiscal year 2018; 
‘‘(II) $130,688,367 for fiscal year 2019; and 
‘‘(III) $170,053,448 for fiscal year 2020. 
‘‘(B) TREATMENT
OF
FUNDS.—Funds reserved under 
subparagraph (A) and apportioned to a State under sub-
section (c) shall be treated as if apportioned under sub-
section (b)(2), and shall be in addition to amounts appor-
tioned under that subsection. 
‘‘(i) BASE APPORTIONMENT DEFINED.—In this section, the term 
‘base apportionment’ means— 
‘‘(1) the combined amount authorized for appropriation for 
the national highway performance program under section 119, 
the surface transportation block grant program under section 
133, the highway safety improvement program under section 
148, the congestion mitigation and air quality improvement
H. R. 22—21 
program under section 149, the national highway freight pro-
gram under section 167, and to carry out section 134; minus 
‘‘(2) supplemental funds reserved under subsection (h) for 
the national highway performance program and the surface 
transportation block grant program.’’. 
(e) CONFORMING AMENDMENTS.— 
(1) Section 104(d)(1)(A) of title 23, United States Code, 
is amended by striking ‘‘subsection (b)(5)’’ each place it appears 
and inserting ‘‘paragraphs (5)(D) and (6) of subsection (b)’’. 
(2) Section 120(c)(3) of title 23, United States Code, is 
amended— 
(A) in subparagraph (A) in the matter preceding clause 
(i), by striking ‘‘or (5)’’ and inserting ‘‘(5)(D), or (6)’’; and 
(B) in subparagraph (C)(i) by striking ‘‘and (5)’’ and 
inserting ‘‘(5)(D), and (6)’’. 
(3) Section 135(i) of title 23, United States Code, is 
amended by striking ‘‘section 104(b)(5)’’ and inserting ‘‘para-
graphs (5)(D) and (6) of section 104(b)’’. 
(4) Section 136(b) of title 23, United States Code, is 
amended in the first sentence by striking ‘‘paragraphs (1) 
through (5) of section 104(b)’’ and inserting ‘‘paragraphs (1) 
through (6) of section 104(b)’’. 
(5) Section 141(b)(2) of title 23, United States Code, is 
amended by striking ‘‘paragraphs (1) through (5) of section 
104(b)’’ and inserting ‘‘paragraphs (1) through (6) of section 
104(b)’’. 
(6) Section 505(a) of title 23, United States Code, is 
amended in the matter preceding paragraph (1) by striking 
‘‘through (4)’’ and inserting ‘‘through (5)’’. 
SEC. 
1105. 
NATIONALLY 
SIGNIFICANT 
FREIGHT 
AND 
HIGHWAY 
PROJECTS. 
(a) IN GENERAL.—Title 23, United States Code, is amended 
by inserting after section 116 the following: 
‘‘§ 117. Nationally significant freight and highway projects 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is established a nationally signifi-
cant freight and highway projects program to provide financial 
assistance for projects of national or regional significance. 
‘‘(2) GOALS.—The goals of the program shall be to— 
‘‘(A) improve the safety, efficiency, and reliability of 
the movement of freight and people; 
‘‘(B) generate national or regional economic benefits 
and an increase in the global economic competitiveness 
of the United States; 
‘‘(C) reduce highway congestion and bottlenecks; 
‘‘(D) improve connectivity between modes of freight 
transportation; 
‘‘(E) enhance the resiliency of critical highway infra-
structure and help protect the environment; 
‘‘(F) improve roadways vital to national energy security; 
and 
‘‘(G) address the impact of population growth on the 
movement of people and freight. 
‘‘(b) GRANT AUTHORITY.—
H. R. 22—22 
‘‘(1) IN GENERAL.—In carrying out the program established 
in subsection (a), the Secretary may make grants, on a competi-
tive basis, in accordance with this section. 
‘‘(2) GRANT AMOUNT.—Except as otherwise provided, each 
grant made under this section shall be in an amount that 
is at least $25,000,000. 
‘‘(c) ELIGIBLE APPLICANTS.— 
‘‘(1) IN GENERAL.—The Secretary may make a grant under 
this section to the following: 
‘‘(A) A State or a group of States. 
‘‘(B) A metropolitan planning organization that serves 
an urbanized area (as defined by the Bureau of the Census) 
with a population of more than 200,000 individuals. 
‘‘(C) A unit of local government or a group of local 
governments. 
‘‘(D) A political subdivision of a State or local govern-
ment. 
‘‘(E) A special purpose district or public authority with 
a transportation function, including a port authority. 
‘‘(F) A Federal land management agency that applies 
jointly with a State or group of States. 
‘‘(G) A tribal government or a consortium of tribal 
governments. 
‘‘(H) A multistate or multijurisdictional group of enti-
ties described in this paragraph. 
‘‘(2) APPLICATIONS.—To be eligible for a grant under this 
section, an entity specified in paragraph (1) shall submit to 
the Secretary an application in such form, at such time, and 
containing such information as the Secretary determines is 
appropriate. 
‘‘(d) ELIGIBLE PROJECTS.— 
‘‘(1) IN GENERAL.—Except as provided in subsection (e), 
the Secretary may make a grant under this section only for 
a project that— 
‘‘(A) is— 
‘‘(i) a highway freight project carried out on the 
National Highway Freight Network established under 
section 167; 
‘‘(ii) a highway or bridge project carried out on 
the National Highway System, including— 
‘‘(I) a project to add capacity to the Interstate 
System to improve mobility; or 
‘‘(II) a project in a national scenic area; 
‘‘(iii) a freight project that is— 
‘‘(I) a freight intermodal or freight rail project; 
or 
‘‘(II) within the boundaries of a public or pri-
vate freight rail, water (including ports), or inter-
modal facility and that is a surface transportation 
infrastructure project necessary to facilitate direct 
intermodal interchange, transfer, or access into 
or out of the facility; or 
‘‘(iv) a railway-highway grade crossing or grade 
separation project; and 
‘‘(B) has eligible project costs that are reasonably 
anticipated to equal or exceed the lesser of— 
‘‘(i) $100,000,000; or
H. R. 22—23 
‘‘(ii) in the case of a project— 
‘‘(I) located in 1 State, 30 percent of the 
amount apportioned under this chapter to the 
State in the most recently completed fiscal year; 
or 
‘‘(II) located in more than 1 State, 50 percent 
of the amount apportioned under this chapter to 
the participating State with the largest apportion-
ment under this chapter in the most recently com-
pleted fiscal year. 
‘‘(2) LIMITATION.— 
‘‘(A) IN GENERAL.—Not more than $500,000,000 of the 
amounts made available for grants under this section for 
fiscal years 2016 through 2020, in the aggregate, may 
be used to make grants for projects described in paragraph 
(1)(A)(iii) and such a project may only receive a grant 
under this section if— 
‘‘(i) the project will make a significant improve-
ment to freight movements on the National Highway 
Freight Network; and 
‘‘(ii) the Federal share of the project funds only 
elements of the project that provide public benefits. 
‘‘(B) EXCLUSIONS.—The limitation under subparagraph 
(A)— 
‘‘(i) shall not apply to a railway-highway grade 
crossing or grade separation project; and 
‘‘(ii) with respect to a multimodal project, shall 
apply only to the non-highway portion or portions of 
the project. 
‘‘(e) SMALL PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary shall reserve 10 percent 
of the amounts made available for grants under this section 
each fiscal year to make grants for projects described in sub-
section (d)(1)(A) that do not satisfy the minimum threshold 
under subsection (d)(1)(B). 
‘‘(2) GRANT AMOUNT.—Each grant made under this sub-
section shall be in an amount that is at least $5,000,000. 
‘‘(3) PROJECT SELECTION CONSIDERATIONS.—In addition to 
other applicable requirements, in making grants under this 
subsection the Secretary shall consider— 
‘‘(A) the cost effectiveness of the proposed project; and 
‘‘(B) the effect of the proposed project on mobility in 
the State and region in which the project is carried out. 
‘‘(f) ELIGIBLE PROJECT COSTS.—Grant amounts received for a 
project under this section may be used for— 
‘‘(1) development phase activities, including planning, feasi-
bility analysis, revenue forecasting, environmental review, 
preliminary 
engineering 
and 
design 
work, 
and 
other 
preconstruction activities; and 
‘‘(2) construction, reconstruction, rehabilitation, acquisition 
of real property (including land related to the project and 
improvements to the land), environmental mitigation, construc-
tion contingencies, acquisition of equipment, and operational 
improvements directly related to improving system perform-
ance. 
‘‘(g) PROJECT REQUIREMENTS.—The Secretary may select a 
project described under this section (other than subsection (e))
H. R. 22—24 
for funding under this section only if the Secretary determines 
that— 
‘‘(1) the project will generate national or regional economic, 
mobility, or safety benefits; 
‘‘(2) the project will be cost effective; 
‘‘(3) the project will contribute to the accomplishment of 
1 or more of the national goals described under section 150 
of this title; 
‘‘(4) the project is based on the results of preliminary 
engineering; 
‘‘(5) with respect to related non-Federal financial commit-
ments— 
‘‘(A) 1 or more stable and dependable sources of funding 
and financing are available to construct, maintain, and 
operate the project; and 
‘‘(B) contingency amounts are available to cover 
unanticipated cost increases; 
‘‘(6) the project cannot be easily and efficiently completed 
without other Federal funding or financial assistance available 
to the project sponsor; and 
‘‘(7) the project is reasonably expected to begin construction 
not later than 18 months after the date of obligation of funds 
for the project. 
‘‘(h) ADDITIONAL CONSIDERATIONS.—In making a grant under 
this section, the Secretary shall consider— 
‘‘(1) utilization of nontraditional financing, innovative 
design and construction techniques, or innovative technologies; 
‘‘(2) utilization of non-Federal contributions; and 
‘‘(3) contributions to geographic diversity among grant 
recipients, including the need for a balance between the needs 
of rural and urban communities. 
‘‘(i) RURAL AREAS.— 
‘‘(1) IN
GENERAL.—The Secretary shall reserve not less 
than 25 percent of the amounts made available for grants 
under this section, including the amounts made available under 
subsection (e), each fiscal year to make grants for projects 
located in rural areas. 
‘‘(2) EXCESS FUNDING.—In any fiscal year in which qualified 
applications for grants under this subsection will not allow 
for the amount reserved under paragraph (1) to be fully utilized, 
the Secretary shall use the unutilized amounts to make other 
grants under this section. 
‘‘(3) RURAL AREA DEFINED.—In this subsection, the term 
‘rural area’ means an area that is outside an urbanized area 
with a population of over 200,000. 
‘‘(j) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—The Federal share of the cost of a project 
assisted with a grant under this section may not exceed 60 
percent. 
‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Federal assistance 
other than a grant under this section may be used to satisfy 
the non-Federal share of the cost of a project for which such 
a grant is made, except that the total Federal assistance pro-
vided for a project receiving a grant under this section may 
not exceed 80 percent of the total project cost. 
‘‘(3) FEDERAL
LAND
MANAGEMENT
AGENCIES.—Notwith-
standing any other provision of law, any Federal funds other
H. R. 22—25 
than those made available under this title or title 49 may 
be used to pay the non-Federal share of the cost of a project 
carried out under this section by a Federal land management 
agency, as described under subsection (c)(1)(F). 
‘‘(k) TREATMENT OF FREIGHT PROJECTS.—Notwithstanding any 
other provision of law, a freight project carried out under this 
section shall be treated as if the project is located on a Federal- 
aid highway. 
‘‘(l) TIFIA PROGRAM.—At the request of an eligible applicant 
under this section, the Secretary may use amounts awarded to 
the entity to pay subsidy and administrative costs necessary to 
provide the entity Federal credit assistance under chapter 6 with 
respect to the project for which the grant was awarded. 
‘‘(m) CONGRESSIONAL NOTIFICATION.— 
‘‘(1) NOTIFICATION.— 
‘‘(A) IN GENERAL.—At least 60 days before making a 
grant for a project under this section, the Secretary shall 
notify, in writing, the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works of the Senate 
of the proposed grant. The notification shall include an 
evaluation and justification for the project and the amount 
of the proposed grant award. 
‘‘(B) MULTIMODAL PROJECTS.—In addition to the notice 
required under subparagraph (A), the Secretary shall notify 
the Committee on Commerce, Science, and Transportation 
of the Senate before making a grant for a project described 
in subsection (d)(1)(A)(iii). 
‘‘(2) CONGRESSIONAL DISAPPROVAL.—The Secretary may not 
make a grant or any other obligation or commitment to fund 
a project under this section if a joint resolution is enacted 
disapproving funding for the project before the last day of 
the 60-day period described in paragraph (1). 
‘‘(n) REPORTS.— 
‘‘(1) ANNUAL REPORT.—The Secretary shall make available 
on the Web site of the Department of Transportation at the 
end of each fiscal year an annual report that lists each project 
for which a grant has been provided under this section during 
that fiscal year. 
‘‘(2) COMPTROLLER GENERAL.— 
‘‘(A) ASSESSMENT.—The Comptroller General of the 
United States shall conduct an assessment of the adminis-
trative establishment, solicitation, selection, and justifica-
tion process with respect to the funding of grants under 
this section. 
‘‘(B) REPORT.—Not later than 1 year after the initial 
awarding of grants under this section, the Comptroller 
General shall submit to the Committee on Environment 
and Public Works of the Senate, the Committee on Com-
merce, Science, and Transportation of the Senate, and the 
Committee on Transportation and Infrastructure of the 
House of Representatives a report that describes— 
‘‘(i) the adequacy and fairness of the process by 
which each project was selected, if applicable; and 
‘‘(ii) the justification and criteria used for the selec-
tion of each project, if applicable.’’.
H. R. 22—26 
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 
23, United States Code, is amended by inserting after the item 
relating to section 116 the following: 
‘‘117. Nationally significant freight and highway projects.’’. 
(c) REPEAL.—Section 1301 of SAFETEA–LU (23 U.S.C. 101 
note), and the item relating to that section in the table of contents 
in section 1(b) of such Act, are repealed. 
SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 
Section 119 of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘(h) TIFIA PROGRAM.—Upon Secretarial approval of credit 
assistance under chapter 6, the Secretary, at the request of a 
State, may allow the State to use funds apportioned under section 
104(b)(1) to pay subsidy and administrative costs necessary to pro-
vide an eligible entity Federal credit assistance under chapter 6 
with respect to a project eligible for assistance under this section. 
‘‘(i) ADDITIONAL FUNDING ELIGIBILITY FOR CERTAIN BRIDGES.— 
‘‘(1) IN GENERAL.—Funds apportioned to a State to carry 
out the national highway performance program may be obli-
gated for a project for the reconstruction, resurfacing, restora-
tion, rehabilitation, or preservation of a bridge not on the 
National Highway System, if the bridge is on a Federal-aid 
highway. 
‘‘(2) LIMITATION.—A State required to make obligations 
under subsection (f) shall ensure such requirements are satis-
fied in order to use the flexibility under paragraph (1). 
‘‘(j) CRITICAL INFRASTRUCTURE.— 
‘‘(1) CRITICAL
INFRASTRUCTURE
DEFINED.—In this sub-
section, the term ‘critical infrastructure’ means those facilities 
the incapacity or failure of which would have a debilitating 
impact on national or regional economic security, national or 
regional energy security, national or regional public health 
or safety, or any combination of those matters. 
‘‘(2) CONSIDERATION.—The asset management plan of a 
State may include consideration of critical infrastructure from 
among those facilities in the State that are eligible under 
subsection (c). 
‘‘(3) RISK REDUCTION.—A State may use funds apportioned 
under this section for projects intended to reduce the risk 
of failure of critical infrastructure in the State.’’. 
SEC. 1107. EMERGENCY RELIEF FOR FEDERALLY OWNED ROADS. 
(a) ELIGIBILITY.—Section 125(d)(3) of title 23, United States 
Code, is amended— 
(1) in subparagraph (A) by striking ‘‘or’’ at the end; 
(2) in subparagraph (B) by striking the period at the end 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(C) projects eligible for assistance under this section 
located on tribal transportation facilities, Federal lands 
transportation facilities, or other federally owned roads 
that are open to public travel (as defined in subsection 
(e)(1)).’’. 
(b) DEFINITIONS.—Section 125(e) of title 23, United States Code, 
is amended by striking paragraph (1) and inserting the following:
H. R. 22—27 
‘‘(1) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
‘‘(A) OPEN TO PUBLIC TRAVEL.—The term ‘open to public 
travel’ means, with respect to a road, that, except during 
scheduled periods, extreme weather conditions, or emer-
gencies, the road— 
‘‘(i) is maintained; 
‘‘(ii) is open to the general public; and 
‘‘(iii) can accommodate travel by a standard pas-
senger vehicle, without restrictive gates or prohibitive 
signs or regulations, other than for general traffic con-
trol or restrictions based on size, weight, or class of 
registration. 
‘‘(B) 
STANDARD
PASSENGER
VEHICLE.—The 
term 
‘standard passenger vehicle’ means a vehicle with 6 inches 
of clearance from the lowest point of the frame, body, 
suspension, or differential to the ground.’’. 
SEC. 1108. RAILWAY-HIGHWAY GRADE CROSSINGS. 
Section 130(e)(1) of title 23, United States Code, is amended 
to read as follows: 
‘‘(1) IN GENERAL.— 
‘‘(A) SET
ASIDE.—Before making an apportionment 
under section 104(b)(3) for a fiscal year, the Secretary 
shall set aside, from amounts made available to carry out 
the highway safety improvement program under section 
148 for such fiscal year, for the elimination of hazards 
and the installation of protective devices at railway-high-
way crossings at least— 
‘‘(i) $225,000,000 for fiscal year 2016; 
‘‘(ii) $230,000,000 for fiscal year 2017; 
‘‘(iii) $235,000,000 for fiscal year 2018; 
‘‘(iv) $240,000,000 for fiscal year 2019; and 
‘‘(v) $245,000,000 for fiscal year 2020. 
‘‘(B) INSTALLATION OF PROTECTIVE DEVICES.—At least 
1⁄2 of the funds set aside each fiscal year under subpara-
graph (A) shall be available for the installation of protective 
devices at railway-highway crossings. 
‘‘(C) OBLIGATION AVAILABILITY.—Sums set aside each 
fiscal year under subparagraph (A) shall be available for 
obligation in the same manner as funds apportioned under 
section 104(b)(1).’’. 
SEC. 1109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM. 
(a) FINDINGS.—Congress finds that— 
(1) the benefits of the surface transportation block grant 
program accrue principally to the residents of each State and 
municipality where the funds are obligated; 
(2) decisions about how funds should be obligated are best 
determined by the States and municipalities to respond to 
unique local circumstances and implement the most efficient 
solutions; and 
(3) reforms of the program to promote flexibility will 
enhance State and local control over transportation decisions. 
(b) SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.—Sec-
tion 133 of title 23, United States Code, is amended— 
(1) by striking subsections (a), (b), (c), and (d) and inserting 
the following:
H. R. 22—28 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish a surface 
transportation block grant program in accordance with this section 
to provide flexible funding to address State and local transportation 
needs. 
‘‘(b) ELIGIBLE PROJECTS.—Funds apportioned to a State under 
section 104(b)(2) for the surface transportation block grant program 
may be obligated for the following: 
‘‘(1) Construction of— 
‘‘(A) highways, bridges, tunnels, including designated 
routes of the Appalachian development highway system 
and local access roads under section 14501 of title 40; 
‘‘(B) ferry boats and terminal facilities eligible for 
funding under section 129(c); 
‘‘(C) transit capital projects eligible for assistance under 
chapter 53 of title 49; 
‘‘(D) infrastructure-based intelligent transportation 
systems capital improvements; 
‘‘(E) truck parking facilities eligible for funding under 
section 1401 of MAP–21 (23 U.S.C. 137 note); and 
‘‘(F) border infrastructure projects eligible for funding 
under section 1303 of SAFETEA–LU (23 U.S.C. 101 note). 
‘‘(2) Operational improvements and capital and operating 
costs for traffic monitoring, management, and control facilities 
and programs. 
‘‘(3) Environmental measures eligible under sections 119(g), 
328, and 329 and transportation control measures listed in 
section 108(f)(1)(A) (other than clause (xvi) of that section) 
of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)). 
‘‘(4) Highway and transit safety infrastructure improve-
ments 
and 
programs, 
including 
railway-highway 
grade 
crossings. 
‘‘(5) Fringe and corridor parking facilities and programs 
in accordance with section 137 and carpool projects in accord-
ance with section 146. 
‘‘(6) Recreational trails projects eligible for funding under 
section 206, pedestrian and bicycle projects in accordance with 
section 217 (including modifications to comply with accessibility 
requirements under the Americans with Disabilities Act of 1990 
(42 U.S.C. 12101 et seq.)), and the safe routes to school program 
under section 1404 of SAFETEA–LU (23 U.S.C. 402 note). 
‘‘(7) Planning, design, or construction of boulevards and 
other roadways largely in the right-of-way of former Interstate 
System routes or other divided highways. 
‘‘(8) Development and implementation of a State asset 
management plan for the National Highway System and a 
performance-based management program for other public roads. 
‘‘(9) Protection (including painting, scour countermeasures, 
seismic retrofits, impact protection measures, security counter-
measures, and protection against extreme events) for bridges 
(including approaches to bridges and other elevated structures) 
and tunnels on public roads, and inspection and evaluation 
of bridges and tunnels and other highway assets. 
‘‘(10) Surface transportation planning programs, highway 
and transit research and development and technology transfer 
programs, and workforce development, training, and education 
under chapter 5 of this title.
H. R. 22—29 
‘‘(11) Surface transportation infrastructure modifications 
to facilitate direct intermodal interchange, transfer, and access 
into and out of a port terminal. 
‘‘(12) Projects and strategies designed to support congestion 
pricing, including electronic toll collection and travel demand 
management strategies and programs. 
‘‘(13) At the request of a State, and upon Secretarial 
approval of credit assistance under chapter 6, subsidy and 
administrative costs necessary to provide an eligible entity 
Federal credit assistance under chapter 6 with respect to a 
project eligible for assistance under this section. 
‘‘(14) The creation and operation by a State of an office 
to assist in the design, implementation, and oversight of public- 
private partnerships eligible to receive funding under this title 
and chapter 53 of title 49, and the payment of a stipend 
to unsuccessful private bidders to offset their proposal develop-
ment costs, if necessary to encourage robust competition in 
public-private partnership procurements. 
‘‘(15) Any type of project eligible under this section as 
in effect on the day before the date of enactment of the FAST 
Act, including projects described under section 101(a)(29) as 
in effect on such day. 
‘‘(c) LOCATION OF PROJECTS.—A surface transportation block 
grant project may not be undertaken on a road functionally classi-
fied as a local road or a rural minor collector unless the road 
was on a Federal-aid highway system on January 1, 1991, except— 
‘‘(1) for a bridge or tunnel project (other than the construc-
tion of a new bridge or tunnel at a new location); 
‘‘(2) for a project described in paragraphs (4) through (11) 
of subsection (b); 
‘‘(3) for a project described in section 101(a)(29), as in 
effect on the day before the date of enactment of the FAST 
Act; and 
‘‘(4) as approved by the Secretary. 
‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS TO AREAS BASED 
ON POPULATION.— 
‘‘(1) CALCULATION.—Of the funds apportioned to a State 
under section 104(b)(2) (after the reservation of funds under 
subsection (h))— 
‘‘(A) the percentage specified in paragraph (6) for a 
fiscal year shall be obligated under this section, in propor-
tion to their relative shares of the population of the State— 
‘‘(i) in urbanized areas of the State with an urban-
ized area population of over 200,000; 
‘‘(ii) in areas of the State other than urban areas 
with a population greater than 5,000; and 
‘‘(iii) in other areas of the State; and 
‘‘(B) the remainder may be obligated in any area of 
the State. 
‘‘(2) METROPOLITAN AREAS.—Funds attributed to an urban-
ized area under paragraph (1)(A)(i) may be obligated in the 
metropolitan area established under section 134 that encom-
passes the urbanized area. 
‘‘(3) CONSULTATION WITH REGIONAL TRANSPORTATION PLAN-
NING
ORGANIZATIONS.—For purposes of paragraph (1)(A)(iii), 
before obligating funding attributed to an area with a popu-
lation greater than 5,000 and less than 200,000, a State shall
H. R. 22—30 
consult with the regional transportation planning organizations 
that represent the area, if any. 
‘‘(4) DISTRIBUTION AMONG URBANIZED AREAS OF OVER 200,000 
POPULATION.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the amount of funds that a State is required to obligate 
under paragraph (1)(A)(i) shall be obligated in urbanized 
areas described in paragraph (1)(A)(i) based on the relative 
population of the areas. 
‘‘(B) OTHER
FACTORS.—The State may obligate the 
funds described in subparagraph (A) based on other factors 
if the State and the relevant metropolitan planning 
organizations jointly apply to the Secretary for the permis-
sion to base the obligation on other factors and the Sec-
retary grants the request. 
‘‘(5) APPLICABILITY OF PLANNING REQUIREMENTS.—Program-
ming and expenditure of funds for projects under this section 
shall be consistent with sections 134 and 135. 
‘‘(6) PERCENTAGE.—The percentage referred to in paragraph 
(1)(A) is— 
‘‘(A) for fiscal year 2016, 51 percent; 
‘‘(B) for fiscal year 2017, 52 percent; 
‘‘(C) for fiscal year 2018, 53 percent; 
‘‘(D) for fiscal year 2019, 54 percent; and 
‘‘(E) for fiscal year 2020, 55 percent.’’; 
(2) by striking the section heading and inserting ‘‘Surface 
transportation block grant program’’; 
(3) by striking subsection (e); 
(4) by redesignating subsections (f) through (h) as sub-
sections (e) through (g), respectively; 
(5) in subsection (e)(1), as redesignated by this subsection— 
(A) by striking ‘‘104(b)(3)’’ and inserting ‘‘104(b)(2)’’; 
and 
(B) by striking ‘‘fiscal years 2011 through 2014’’ and 
inserting ‘‘fiscal years 2016 through 2020’’; 
(6) in subsection (g)(1), as redesignated by this subsection, 
by striking ‘‘under subsection (d)(1)(A)(iii) for each of fiscal 
years 2013 through 2014’’ and inserting ‘‘under subsection 
(d)(1)(A)(ii) for each of fiscal years 2016 through 2020’’; and 
(7) by adding at the end the following: 
‘‘(h) STP SET-ASIDE.— 
‘‘(1) RESERVATION
OF
FUNDS.—Of the funds apportioned 
to a State under section 104(b)(2) for each fiscal year, the 
Secretary shall reserve an amount such that— 
‘‘(A) the Secretary reserves a total under this sub-
section of— 
‘‘(i) $835,000,000 for each of fiscal years 2016 and 
2017; and 
‘‘(ii) $850,000,000 for each of fiscal years 2018 
through 2020; and 
‘‘(B) the State’s share of that total is determined by 
multiplying the amount under subparagraph (A) by the 
ratio that— 
‘‘(i) the amount apportioned to the State for the 
transportation enhancements program for fiscal year 
2009 under section 133(d)(2), as in effect on the day 
before the date of enactment of MAP–21; bears to
H. R. 22—31 
‘‘(ii) the total amount of funds apportioned to all 
States for the transportation enhancements program 
for fiscal year 2009. 
‘‘(2) ALLOCATION WITHIN A STATE.—Funds reserved for a 
State under paragraph (1) shall be obligated within that State 
in the manner described in subsection (d), except that, for 
purposes of this paragraph (after funds are made available 
under paragraph (5))— 
‘‘(A) for each fiscal year, the percentage referred to 
in paragraph (1)(A) of that subsection shall be deemed 
to be 50 percent; and 
‘‘(B) the following provisions shall not apply: 
‘‘(i) Paragraph (3) of subsection (d). 
‘‘(ii) Subsection (e). 
‘‘(3) ELIGIBLE PROJECTS.—Funds reserved under this sub-
section may be obligated for projects or activities described 
in section 101(a)(29) or 213, as such provisions were in effect 
on the day before the date of enactment of the FAST Act. 
‘‘(4) ACCESS TO FUNDS.— 
‘‘(A) IN GENERAL.—A State or metropolitan planning 
organization required to obligate funds in accordance with 
paragraph (2) shall develop a competitive process to allow 
eligible entities to submit projects for funding that achieve 
the objectives of this subsection. A metropolitan planning 
organization for an area described in subsection (d)(1)(A)(i) 
shall select projects under such process in consultation 
with the relevant State. 
‘‘(B) ELIGIBLE ENTITY DEFINED.—In this paragraph, the 
term ‘eligible entity’ means— 
‘‘(i) a local government; 
‘‘(ii) a regional transportation authority; 
‘‘(iii) a transit agency; 
‘‘(iv) a natural resource or public land agency; 
‘‘(v) a school district, local education agency, or 
school; 
‘‘(vi) a tribal government; 
‘‘(vii) a nonprofit entity responsible for the adminis-
tration of local transportation safety programs; and 
‘‘(viii) any other local or regional governmental 
entity with responsibility for or oversight of transpor-
tation or recreational trails (other than a metropolitan 
planning organization or a State agency) that the State 
determines to be eligible, consistent with the goals 
of this subsection. 
‘‘(5) CONTINUATION
OF
CERTAIN
RECREATIONAL
TRAILS 
PROJECTS.—For each fiscal year, a State shall— 
‘‘(A) obligate an amount of funds reserved under this 
section equal to the amount of the funds apportioned to 
the State for fiscal year 2009 under section 104(h)(2), as 
in effect on the day before the date of enactment of MAP– 
21, for projects relating to recreational trails under section 
206; 
‘‘(B) return 1 percent of those funds to the Secretary 
for the administration of that program; and 
‘‘(C) comply with the provisions of the administration 
of the recreational trails program under section 206,
H. R. 22—32 
including the use of apportioned funds described in sub-
section (d)(3)(A) of that section. 
‘‘(6) STATE FLEXIBILITY.— 
‘‘(A) RECREATIONAL TRAILS.—A State may opt out of 
the recreational trails program under paragraph (5) if the 
Governor of the State notifies the Secretary not later than 
30 days prior to apportionments being made for any fiscal 
year. 
‘‘(B) LARGE URBANIZED AREAS.—A metropolitan plan-
ning area may use not to exceed 50 percent of the funds 
reserved under this subsection for an urbanized area 
described in subsection (d)(1)(A)(i) for any purpose eligible 
under subsection (b). 
‘‘(7) ANNUAL REPORTS.— 
‘‘(A) IN GENERAL.—Each State or metropolitan planning 
organization responsible for carrying out the requirements 
of this subsection shall submit to the Secretary an annual 
report that describes— 
‘‘(i) the number of project applications received 
for each fiscal year, including— 
‘‘(I) the aggregate cost of the projects for which 
applications are received; and 
‘‘(II) the types of projects to be carried out, 
expressed as percentages of the total apportion-
ment of the State under this subsection; and 
‘‘(ii) the number of projects selected for funding 
for each fiscal year, including the aggregate cost and 
location of projects selected. 
‘‘(B) PUBLIC AVAILABILITY.—The Secretary shall make 
available to the public, in a user-friendly format on the 
Web site of the Department of Transportation, a copy of 
each annual report submitted under subparagraph (A). 
‘‘(i) TREATMENT
OF
PROJECTS.—Notwithstanding any other 
provision of law, projects funded under this section (excluding those 
carried out under subsection (h)(5)) shall be treated as projects 
on a Federal-aid highway under this chapter.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) SECTION 126.—Section 126(b)(2) of title 23, United States 
Code, is amended— 
(A) by striking ‘‘section 213’’ and inserting ‘‘section 
133(h)’’; and 
(B) by striking ‘‘section 213(c)(1)(B)’’ and inserting ‘‘sec-
tion 133(h)’’. 
(2) SECTION 213.—Section 213 of title 23, United States 
Code, is repealed. 
(3) SECTION 322.—Section 322(h)(3) of title 23, United States 
Code, is amended by striking ‘‘surface transportation program’’ 
and inserting ‘‘surface transportation block grant program’’. 
(4) SECTION 504.—Section 504(a)(4) of title 23, United States 
Code, is amended— 
(A) by striking ‘‘104(b)(3)’’ and inserting ‘‘104(b)(2)’’; 
and 
(B) by striking ‘‘surface transportation program’’ and 
inserting ‘‘surface transportation block grant program’’. 
(5) CHAPTER 1.—Chapter 1 of title 23, United States Code, 
is amended by striking ‘‘surface transportation program’’ each
H. R. 22—33 
place it appears and inserting ‘‘surface transportation block 
grant program’’. 
(6) CHAPTER ANALYSES.— 
(A) CHAPTER 1.—The analysis for chapter 1 of title 
23, United States Code, is amended by striking the item 
relating to section 133 and inserting the following: 
‘‘133. Surface transportation block grant program.’’. 
(B) CHAPTER 2.—The item relating to section 213 in 
the analysis for chapter 2 of title 23, United States Code, 
is repealed. 
(7) OTHER REFERENCES.—Any reference in any other law, 
regulation, document, paper, or other record of the United 
States to the surface transportation program under section 
133 of title 23, United States Code, shall be deemed to be 
a reference to the surface transportation block grant program 
under such section. 
SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS. 
Section 143(b) of title 23, United States Code, is amended— 
(1) by striking paragraph (2)(A) and inserting the following: 
‘‘(A) IN GENERAL.—From administrative funds made 
available under section 104(a), the Secretary may deduct 
such sums as are necessary, not to exceed $4,000,000 for 
each of fiscal years 2016 through 2020, to carry out this 
section.’’; 
(2) in the heading for paragraph (8) by inserting ‘‘BLOCK 
GRANT’’ after ‘‘SURFACE TRANSPORTATION’’; and 
(3) in paragraph (9) by inserting ‘‘, the Committee on 
Transportation and Infrastructure of the House of Representa-
tives, and the Committee on Environment and Public Works 
of the Senate’’ after ‘‘the Secretary’’. 
SEC. 1111. BUNDLING OF BRIDGE PROJECTS. 
Section 144 of title 23, United States Code, is amended— 
(1) in subsection (c)(2)(A) by striking ‘‘the natural condition 
of the bridge’’ and inserting ‘‘the natural condition of the water’’; 
(2) by redesignating subsection (j) as subsection (k); 
(3) by inserting after subsection (i) the following: 
‘‘(j) BUNDLING OF BRIDGE PROJECTS.— 
‘‘(1) PURPOSE.—The purpose of this subsection is to save 
costs and time by encouraging States to bundle multiple bridge 
projects as 1 project. 
‘‘(2) ELIGIBLE ENTITY DEFINED.—In this subsection, the term 
‘eligible entity’ means an entity eligible to carry out a bridge 
project under section 119 or 133. 
‘‘(3) BUNDLING
OF
BRIDGE
PROJECTS.—An eligible entity 
may bundle 2 or more similar bridge projects that are— 
‘‘(A) eligible projects under section 119 or 133; 
‘‘(B) included as a bundled project in a transportation 
improvement program under section 134(j) or a statewide 
transportation improvement program under section 135, 
as applicable; and 
‘‘(C) awarded to a single contractor or consultant pursu-
ant to a contract for engineering and design or construction 
between the contractor and an eligible entity.
H. R. 22—34 
‘‘(4) ITEMIZATION.—Notwithstanding any other provision of 
law (including regulations), a bundling of bridge projects under 
this subsection may be listed as— 
‘‘(A) 1 project for purposes of sections 134 and 135; 
and 
‘‘(B) a single project. 
‘‘(5) FINANCIAL CHARACTERISTICS.—Projects bundled under 
this subsection shall have the same financial characteristics, 
including— 
‘‘(A) the same funding category or subcategory; and 
‘‘(B) the same Federal share. 
‘‘(6) ENGINEERING COST REIMBURSEMENT.—The provisions 
of section 102(b) do not apply to projects carried out under 
this subsection.’’; and 
(4) in subsection (k)(2), as redesignated by paragraph (2) 
of this section, by striking ‘‘104(b)(3)’’ and inserting ‘‘104(b)(2)’’. 
SEC. 1112. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 
FACILITIES. 
(a) CONSTRUCTION
OF FERRY BOATS
AND FERRY TERMINAL 
FACILITIES.—Section 147 of title 23, United States Code, is 
amended— 
(1) in subsection (a), in the subsection heading, by striking 
‘‘IN GENERAL.—’’ and inserting ‘‘PROGRAM.—’’; and 
(2) by striking subsections (d) through (g) and inserting 
the following: 
‘‘(d) FORMULA.—Of the amounts allocated under subsection (c)— 
‘‘(1) 35 percent shall be allocated among eligible entities 
in the proportion that— 
‘‘(A) the number of ferry passengers, including pas-
sengers in vehicles, carried by each ferry system in the 
most recent calendar year for which data is available; 
bears to 
‘‘(B) the number of ferry passengers, including pas-
sengers in vehicles, carried by all ferry systems in the 
most recent calendar year for which data is available; 
‘‘(2) 35 percent shall be allocated among eligible entities 
in the proportion that— 
‘‘(A) the number of vehicles carried by each ferry 
system in the most recent calendar year for which data 
is available; bears to 
‘‘(B) the number of vehicles carried by all ferry systems 
in the most recent calendar year for which data is available; 
and 
‘‘(3) 30 percent shall be allocated among eligible entities 
in the proportion that— 
‘‘(A) the total route nautical miles serviced by each 
ferry system in the most recent calendar year for which 
data is available; bears to 
‘‘(B) the total route nautical miles serviced by all ferry 
systems in the most recent calendar year for which data 
is available. 
‘‘(e) REDISTRIBUTION
OF UNOBLIGATED AMOUNTS.—The Sec-
retary shall— 
‘‘(1) withdraw amounts allocated to an eligible entity under 
subsection (c) that remain unobligated by the end of the third
H. R. 22—35 
fiscal year following the fiscal year for which the amounts 
were allocated; and 
‘‘(2) in the subsequent fiscal year, redistribute the amounts 
referred to in paragraph (1) in accordance with the formula 
under subsection (d) among eligible entities for which no 
amounts were withdrawn under paragraph (1). 
‘‘(f) MINIMUM AMOUNT.—Notwithstanding subsection (c), a State 
with an eligible entity that meets the requirements of this section 
shall receive not less than $100,000 under this section for a fiscal 
year. 
‘‘(g) IMPLEMENTATION.— 
‘‘(1) DATA COLLECTION.— 
‘‘(A) NATIONAL FERRY DATABASE.—Amounts made avail-
able for a fiscal year under this section shall be allocated 
using the most recent data available, as collected and 
imputed in accordance with the national ferry database 
established under section 1801(e) of SAFETEA–LU (23 
U.S.C. 129 note). 
‘‘(B) ELIGIBILITY
FOR
FUNDING.—To be eligible to 
receive funds under subsection (c), data shall have been 
submitted in the most recent collection of data for the 
national ferry database under section 1801(e) of SAFETEA– 
LU (23 U.S.C. 129 note) for at least 1 ferry service within 
the State. 
‘‘(2) ADJUSTMENTS.—On review of the data submitted under 
paragraph (1)(B), the Secretary may make adjustments to the 
data as the Secretary determines necessary to correct 
misreported or inconsistent data. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated out of the Highway Trust Fund (other than 
the Mass Transit Account) to carry out this section $80,000,000 
for each of fiscal years 2016 through 2020. 
‘‘(i) PERIOD OF AVAILABILITY.—Notwithstanding section 118(b), 
funds made available to carry out this section shall remain available 
until expended. 
‘‘(j) APPLICABILITY.—All provisions of this chapter that are 
applicable to the National Highway System, other than provisions 
relating to apportionment formula and Federal share, shall apply 
to funds made available to carry out this section, except as deter-
mined by the Secretary to be inconsistent with this section.’’. 
(b) 
NATIONAL
FERRY
DATABASE.—Section 
1801(e)(4) 
of 
SAFETEA–LU (23 U.S.C. 129 note) is amended by striking subpara-
graph (D) and inserting the following: 
‘‘(D) make available, from the amounts made available 
for each fiscal year to carry out chapter 63 of title 49, 
not more than $500,000 to maintain the database.’’. 
(c) CONFORMING AMENDMENTS.—Section 129(c) of title 23, 
United States Code, is amended— 
(1) in paragraph (2), in the first sentence, by inserting 
‘‘or on a public transit ferry eligible under chapter 53 of title 
49’’ after ‘‘Interstate System’’; 
(2) in paragraph (3)— 
(A) by striking ‘‘(3) Such ferry’’ and inserting ‘‘(3)(A) 
The ferry’’; and 
(B) by adding at the end the following: 
‘‘(B) Any Federal participation shall not involve the 
construction or purchase, for private ownership, of a ferry boat,
H. R. 22—36 
ferry terminal facility, or other eligible project under this sec-
tion.’’; 
(3) in paragraph (4) by striking ‘‘and repair,’’ and inserting 
‘‘repair,’’; and 
(4) by striking paragraph (6) and inserting the following: 
‘‘(6) The ferry service shall be maintained in accordance 
with section 116. 
‘‘(7)(A) No ferry boat or ferry terminal with Federal partici-
pation under this title may be sold, leased, or otherwise dis-
posed of, except in accordance with part 200 of title 2, Code 
of Federal Regulations. 
‘‘(B) The Federal share of any proceeds from a disposition 
referred to in subparagraph (A) shall be used for eligible pur-
poses under this title.’’. 
SEC. 1113. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 
(a) IN GENERAL.—Section 148 of title 23, United States Code, 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (4)(B)— 
(i) in the matter preceding clause (i), by striking 
‘‘includes, but is not limited to,’’ and inserting ‘‘only 
includes’’; and 
(ii) by adding at the end the following: 
‘‘(xxv) 
Installation 
of 
vehicle-to-infrastructure 
communication equipment. 
‘‘(xxvi) Pedestrian hybrid beacons. 
‘‘(xxvii) Roadway improvements that provide sepa-
ration between pedestrians and motor vehicles, 
including medians and pedestrian crossing islands. 
‘‘(xxviii) A physical infrastructure safety project 
not described in clauses (i) through (xxvii).’’; 
(B) by striking paragraph (10); and 
(C) by redesignating paragraphs (11) through (13) as 
paragraphs (10) through (12), respectively; 
(2) in subsection (c)(1)(A) by striking ‘‘subsections (a)(12)’’ 
and inserting ‘‘subsections (a)(11)’’; 
(3) in subsection (d)(2)(B)(i) by striking ‘‘subsection (a)(12)’’ 
and inserting ‘‘subsection (a)(11)’’; and 
(4) by adding at the end the following: 
‘‘(k) DATA COLLECTION ON UNPAVED PUBLIC ROADS.— 
‘‘(1) IN GENERAL.—A State may elect not to collect funda-
mental data elements for the model inventory of roadway ele-
ments on public roads that are gravel roads or otherwise 
unpaved if— 
‘‘(A) the State does not use funds provided to carry 
out this section for a project on any such roads until the 
State completes a collection of the required model inventory 
of roadway elements for the applicable road segment; and 
‘‘(B) the State demonstrates that the State consulted 
with affected Indian tribes before ceasing to collect data 
with respect to such roads that are included in the National 
Tribal Transportation Facility Inventory under section 
202(b)(1) of this title. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 
may be construed to allow a State to cease data collection 
related to serious injuries or fatalities.’’.
H. R. 22—37 
(b) COMMERCIAL MOTOR VEHICLE SAFETY BEST PRACTICES.— 
(1) REVIEW.—The Secretary shall conduct a review of best 
practices with respect to the implementation of roadway safety 
infrastructure improvements that— 
(A) are cost effective; and 
(B) reduce the number or severity of accidents involving 
commercial motor vehicles. 
(2) CONSULTATION.—In conducting the review under para-
graph (1), the Secretary shall consult with State transportation 
departments and units of local government. 
(3) REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall submit to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and Public 
Works of the Senate a report describing the results of the 
review conducted under paragraph (1). 
SEC. 1114. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 
PROGRAM. 
Section 149 of title 23, United States Code, is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(A)(i)(I) by inserting ‘‘in the des-
ignated nonattainment area’’ after ‘‘air quality standard’’; 
(B) in paragraph (3) by inserting ‘‘or maintenance’’ 
after ‘‘likely to contribute to the attainment’’; 
(C) in paragraph (4) by striking ‘‘attainment of’’ and 
inserting ‘‘attainment or maintenance in the area of’’; 
(D) in paragraph (7) by striking ‘‘or’’ at the end; 
(E) in paragraph (8)— 
(i) in subparagraph (A)(ii)— 
(I) in the matter preceding subclause (I) by 
inserting ‘‘or port-related freight operations’’ after 
‘‘construction projects’’; and 
(II) in subclause (II) by inserting ‘‘or chapter 
53 of title 49’’ after ‘‘this title’’; and 
(ii) in subparagraph (B) by striking the period 
at the end and inserting ‘‘; or’’; and 
(F) by adding at the end the following: 
‘‘(9) if the project or program is for the installation of 
vehicle-to-infrastructure communication equipment.’’; 
(2) in subsection (c)(2) by inserting ‘‘(giving priority to 
corridors designated under section 151)’’ after ‘‘at any location 
in the State’’; 
(3) in subsection (d)— 
(A) by striking paragraph (1)(B) and inserting the fol-
lowing: 
‘‘(B) is eligible under the surface transportation block 
grant program under section 133.’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) in the matter preceding clause (i) by 
inserting ‘‘would otherwise be eligible under sub-
section (b) if the project were carried out in a 
nonattainment or maintenance area or’’ after ‘‘may 
use for any project that’’; and 
(II) in clause (i) by striking ‘‘paragraph (l)’’ 
and inserting ‘‘subsection (k)(1)’’; and
H. R. 22—38 
(ii) in subparagraph (B)(i) by striking ‘‘MAP–21t’’ 
and inserting ‘‘MAP–21’’; and 
(C) in paragraph (3) by inserting ‘‘, in a manner con-
sistent with the approach that was in effect on the day 
before the date of enactment of MAP–21,’’ after ‘‘the Sec-
retary shall modify’’; 
(4) in subsection (g)(2)(B) by striking ‘‘not later that’’ and 
inserting ‘‘not later than’’; 
(5) in subsection (k) by adding at the end the following: 
‘‘(3) PM2.5 NONATTAINMENT
AND
MAINTENANCE
IN
LOW 
POPULATION DENSITY STATES.— 
‘‘(A) EXCEPTION.—In any State with a population den-
sity of 80 or fewer persons per square mile of land area, 
based on the most recent decennial census, the require-
ments under subsection (g)(3) and paragraphs (1) and (2) 
of this subsection shall not apply to a nonattainment or 
maintenance area in the State if— 
‘‘(i) the nonattainment or maintenance area does 
not have projects that are part of the emissions anal-
ysis of a metropolitan transportation plan or transpor-
tation improvement program; and 
‘‘(ii) regional motor vehicle emissions are an 
insignificant contributor to the air quality problem for 
PM2.5 in the nonattainment or maintenance area. 
‘‘(B) CALCULATION.—If subparagraph (A) applies to a 
nonattainment or maintenance area in a State, the percent-
age of the PM2.5 set-aside under paragraph (1) shall be 
reduced for that State proportionately based on the 
weighted population of the area in fine particulate matter 
nonattainment. 
‘‘(4) PORT-RELATED
EQUIPMENT
AND
VEHICLES.—To meet 
the requirements under paragraph (1), a State or metropolitan 
planning organization may elect to obligate funds to the most 
cost-effective projects to reduce emissions from port-related 
landside nonroad or on-road equipment that is operated within 
the boundaries of a PM2.5 nonattainment or maintenance 
area.’’; 
(6) in subsection (l)(1)(B) by inserting ‘‘air quality and 
traffic congestion’’ before ‘‘performance targets’’; and 
(7) in subsection (m) by striking ‘‘section 104(b)(2)’’ and 
inserting ‘‘section 104(b)(4)’’. 
SEC. 1115. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM. 
Section 165(a) of title 23, United States Code, is amended— 
(1) in paragraph (1) by striking ‘‘$150,000,000’’ and 
inserting ‘‘$158,000,000’’; and 
(2) in paragraph (2) by striking ‘‘$40,000,000’’ and inserting 
‘‘$42,000,000’’. 
SEC. 1116. NATIONAL HIGHWAY FREIGHT PROGRAM. 
(a) IN GENERAL.—Section 167 of title 23, United States Code, 
is amended to read as follows: 
‘‘§ 167. National highway freight program 
‘‘(a) IN GENERAL.— 
‘‘(1) POLICY.—It is the policy of the United States to 
improve the condition and performance of the National Highway 
Freight Network established under this section to ensure that
H. R. 22—39 
the Network provides the foundation for the United States 
to compete in the global economy and achieve the goals 
described in subsection (b). 
‘‘(2) ESTABLISHMENT.—In support of the goals described 
in subsection (b), the Administrator of the Federal Highway 
Administration shall establish a national highway freight pro-
gram in accordance with this section to improve the efficient 
movement of freight on the National Highway Freight Network. 
‘‘(b) GOALS.—The goals of the national highway freight program 
are— 
‘‘(1) to invest in infrastructure improvements and to imple-
ment operational improvements on the highways of the United 
States that— 
‘‘(A) strengthen the contribution of the National High-
way Freight Network to the economic competitiveness of 
the United States; 
‘‘(B) reduce congestion and bottlenecks on the National 
Highway Freight Network; 
‘‘(C) reduce the cost of freight transportation; 
‘‘(D) improve the year-round reliability of freight 
transportation; and 
‘‘(E) increase productivity, particularly for domestic 
industries and businesses that create high-value jobs; 
‘‘(2) to improve the safety, security, efficiency, and resiliency 
of freight transportation in rural and urban areas; 
‘‘(3) to improve the state of good repair of the National 
Highway Freight Network; 
‘‘(4) to use innovation and advanced technology to improve 
the safety, efficiency, and reliability of the National Highway 
Freight Network; 
‘‘(5) to improve the efficiency and productivity of the 
National Highway Freight Network; 
‘‘(6) to improve the flexibility of States to support multi- 
State corridor planning and the creation of multi-State 
organizations to increase the ability of States to address high-
way freight connectivity; and 
‘‘(7) to reduce the environmental impacts of freight move-
ment on the National Highway Freight Network. 
‘‘(c) ESTABLISHMENT
OF NATIONAL HIGHWAY FREIGHT NET-
WORK.— 
‘‘(1) IN
GENERAL.—The Administrator shall establish a 
National Highway Freight Network in accordance with this 
section to strategically direct Federal resources and policies 
toward improved performance of the Network. 
‘‘(2) 
NETWORK
COMPONENTS.—The 
National 
Highway 
Freight Network shall consist of— 
‘‘(A) the primary highway freight system, as designated 
under subsection (d); 
‘‘(B) critical rural freight corridors established under 
subsection (e); 
‘‘(C) critical urban freight corridors established under 
subsection (f); and 
‘‘(D) the portions of the Interstate System not des-
ignated as part of the primary highway freight system. 
‘‘(d) DESIGNATION AND REDESIGNATION OF THE PRIMARY HIGH-
WAY FREIGHT SYSTEM.—
H. R. 22—40 
‘‘(1) INITIAL DESIGNATION OF PRIMARY HIGHWAY FREIGHT 
SYSTEM.—The initial designation of the primary highway freight 
system shall be the 41,518-mile network identified during the 
designation process for the primary freight network under sec-
tion 167(d) of this title, as in effect on the day before the 
date of enactment of the FAST Act. 
‘‘(2) 
REDESIGNATION
OF
PRIMARY
HIGHWAY
FREIGHT 
SYSTEM.— 
‘‘(A) IN GENERAL.—Beginning 5 years after the date 
of enactment of the FAST Act, and every 5 years thereafter, 
using the designation factors described in subparagraph 
(E), the Administrator shall redesignate the primary high-
way freight system. 
‘‘(B) REDESIGNATION
MILEAGE.—Each redesignation 
may increase the mileage on the primary highway freight 
system by not more than 3 percent of the total mileage 
of the system. 
‘‘(C) USE OF MEASURABLE DATA.—In redesignating the 
primary highway freight system, to the maximum extent 
practicable, the Administrator shall use measurable data 
to assess the significance of goods movement, including 
consideration of points of origin, destinations, and linking 
components of the United States global and domestic supply 
chains. 
‘‘(D) INPUT.—In redesignating the primary highway 
freight system, the Administrator shall provide an oppor-
tunity for State freight advisory committees, as applicable, 
to submit additional miles for consideration. 
‘‘(E) FACTORS FOR REDESIGNATION.—In redesignating 
the primary highway freight system, the Administrator 
shall consider— 
‘‘(i) changes in the origins and destinations of 
freight movement in, to, and from the United States; 
‘‘(ii) changes in the percentage of annual daily 
truck traffic in the annual average daily traffic on 
principal arterials; 
‘‘(iii) changes in the location of key facilities; 
‘‘(iv) land and water ports of entry; 
‘‘(v) access to energy exploration, development, 
installation, or production areas; 
‘‘(vi) access to other freight intermodal facilities, 
including rail, air, water, and pipelines facilities; 
‘‘(vii) the total freight tonnage and value moved 
via highways; 
‘‘(viii) significant freight bottlenecks, as identified 
by the Administrator; 
‘‘(ix) the significance of goods movement on prin-
cipal arterials, including consideration of global and 
domestic supply chains; 
‘‘(x) critical emerging freight corridors and critical 
commerce corridors; and 
‘‘(xi) network connectivity. 
‘‘(e) CRITICAL RURAL FREIGHT CORRIDORS.— 
‘‘(1) IN GENERAL.—A State may designate a public road 
within the borders of the State as a critical rural freight corridor 
if the public road is not in an urbanized area and—
H. R. 22—41 
‘‘(A) is a rural principal arterial roadway and has a 
minimum of 25 percent of the annual average daily traffic 
of the road measured in passenger vehicle equivalent units 
from trucks (Federal Highway Administration vehicle class 
8 to 13); 
‘‘(B) provides access to energy exploration, develop-
ment, installation, or production areas; 
‘‘(C) connects the primary highway freight system, a 
roadway described in subparagraph (A) or (B), or the Inter-
state System to facilities that handle more than— 
‘‘(i) 50,000 20-foot equivalent units per year; or 
‘‘(ii) 500,000 tons per year of bulk commodities; 
‘‘(D) provides access to— 
‘‘(i) a grain elevator; 
‘‘(ii) an agricultural facility; 
‘‘(iii) a mining facility; 
‘‘(iv) a forestry facility; or 
‘‘(v) an intermodal facility; 
‘‘(E) connects to an international port of entry; 
‘‘(F) provides access to significant air, rail, water, or 
other freight facilities in the State; or 
‘‘(G) is, in the determination of the State, vital to 
improving the efficient movement of freight of importance 
to the economy of the State. 
‘‘(2) LIMITATION.—A State may designate as critical rural 
freight corridors a maximum of 150 miles of highway or 20 
percent of the primary highway freight system mileage in the 
State, whichever is greater. 
‘‘(f) CRITICAL URBAN FREIGHT CORRIDORS.— 
‘‘(1) URBANIZED
AREA
WITH
POPULATION
OF
500,000
OR 
MORE.—In an urbanized area with a population of 500,000 
or more individuals, the representative metropolitan planning 
organization, in consultation with the State, may designate 
a public road within the borders of that area of the State 
as a critical urban freight corridor. 
‘‘(2) URBANIZED
AREA
WITH
A
POPULATION
LESS
THAN 
500,000.—In an urbanized area with a population of less than 
500,000 individuals, the State, in consultation with the rep-
resentative metropolitan planning organization, may designate 
a public road within the borders of that area of the State 
as a critical urban freight corridor. 
‘‘(3) REQUIREMENTS FOR DESIGNATION.—A designation may 
be made under paragraph (1) or (2) if the public road— 
‘‘(A) is in an urbanized area, regardless of population; 
and 
‘‘(B)(i) connects an intermodal facility to— 
‘‘(I) the primary highway freight system; 
‘‘(II) the Interstate System; or 
‘‘(III) an intermodal freight facility; 
‘‘(ii) is located within a corridor of a route on the 
primary highway freight system and provides an alter-
native highway option important to goods movement; 
‘‘(iii) serves a major freight generator, logistic center, 
or manufacturing and warehouse industrial land; or 
‘‘(iv) is important to the movement of freight within 
the region, as determined by the metropolitan planning 
organization or the State.
H. R. 22—42 
‘‘(4) LIMITATION.—For each State, a maximum of 75 miles 
of highway or 10 percent of the primary highway freight system 
mileage in the State, whichever is greater, may be designated 
as a critical urban freight corridor under paragraphs (1) and 
(2). 
‘‘(g) DESIGNATION AND CERTIFICATION.— 
‘‘(1) DESIGNATION.—States and metropolitan planning 
organizations may designate corridors under subsections (e) 
and (f) and submit the designated corridors to the Adminis-
trator on a rolling basis. 
‘‘(2) CERTIFICATION.—Each State or metropolitan planning 
organization that designates a corridor under subsection (e) 
or (f) shall certify to the Administrator that the designated 
corridor meets the requirements of the applicable subsection. 
‘‘(h) HIGHWAY
FREIGHT
TRANSPORTATION
CONDITIONS
AND 
PERFORMANCE REPORTS.—Not later than 2 years after the date 
of enactment of the FAST Act, and biennially thereafter, the 
Administrator shall prepare and submit to Congress a report that 
describes the conditions and performance of the National Highway 
Freight Network in the United States. 
‘‘(i) USE OF APPORTIONED FUNDS.— 
‘‘(1) IN GENERAL.—A State shall obligate funds apportioned 
to the State under section 104(b)(5) to improve the movement 
of freight on the National Highway Freight Network. 
‘‘(2) FORMULA.—The Administrator shall calculate for each 
State the proportion that— 
‘‘(A) the total mileage in the State designated as part 
of the primary highway freight system; bears to 
‘‘(B) the total mileage of the primary highway freight 
system in all States. 
‘‘(3) USE OF FUNDS.— 
‘‘(A) STATES
WITH
HIGH
PRIMARY
HIGHWAY
FREIGHT 
SYSTEM MILEAGE.—If the proportion of a State under para-
graph (2) is greater than or equal to 2 percent, the State 
may obligate funds apportioned to the State under section 
104(b)(5) for projects on— 
‘‘(i) the primary highway freight system; 
‘‘(ii) critical rural freight corridors; and 
‘‘(iii) critical urban freight corridors. 
‘‘(B) STATES
WITH
LOW
PRIMARY
HIGHWAY
FREIGHT 
SYSTEM MILEAGE.—If the proportion of a State under para-
graph (2) is less than 2 percent, the State may obligate 
funds apportioned to the State under section 104(b)(5) for 
projects on any component of the National Highway Freight 
Network. 
‘‘(4) FREIGHT PLANNING.—Notwithstanding any other provi-
sion of law, effective beginning 2 years after the date of enact-
ment of the FAST Act, a State may not obligate funds appor-
tioned to the State under section 104(b)(5) unless the State 
has developed a freight plan in accordance with section 70202 
of title 49, except that the multimodal component of the plan 
may be incomplete before an obligation may be made under 
this section. 
‘‘(5) ELIGIBILITY.— 
‘‘(A) IN
GENERAL.—Except as provided in this sub-
section, for a project to be eligible for funding under this 
section the project shall—
H. R. 22—43 
‘‘(i) contribute to the efficient movement of freight 
on the National Highway Freight Network; and 
‘‘(ii) be identified in a freight investment plan 
included in a freight plan of the State that is in effect. 
‘‘(B) OTHER PROJECTS.—For each fiscal year, a State 
may obligate not more than 10 percent of the total appor-
tionment of the State under section 104(b)(5) for freight 
intermodal or freight rail projects, including projects— 
‘‘(i) within the boundaries of public or private 
freight rail or water facilities (including ports); and 
‘‘(ii) that provide surface transportation infrastruc-
ture necessary to facilitate direct intermodal inter-
change, transfer, and access into or out of the facility. 
‘‘(C) ELIGIBLE
PROJECTS.—Funds apportioned to the 
State under section 104(b)(5) for the national highway 
freight program may be obligated to carry out 1 or more 
of the following: 
‘‘(i) Development phase activities, including plan-
ning, feasibility analysis, revenue forecasting, environ-
mental review, preliminary engineering and design 
work, and other preconstruction activities. 
‘‘(ii) Construction, reconstruction, rehabilitation, 
acquisition of real property (including land relating 
to the project and improvements to land), construction 
contingencies, acquisition of equipment, and oper-
ational improvements directly relating to improving 
system performance. 
‘‘(iii) Intelligent transportation systems and other 
technology to improve the flow of freight, including 
intelligent freight transportation systems. 
‘‘(iv) Efforts to reduce the environmental impacts 
of freight movement. 
‘‘(v) Environmental and community mitigation for 
freight movement. 
‘‘(vi) Railway-highway grade separation. 
‘‘(vii) Geometric improvements to interchanges and 
ramps. 
‘‘(viii) Truck-only lanes. 
‘‘(ix) Climbing and runaway truck lanes. 
‘‘(x) Adding or widening of shoulders. 
‘‘(xi) Truck parking facilities eligible for funding 
under section 1401 of MAP–21 (23 U.S.C. 137 note). 
‘‘(xii) Real-time traffic, truck parking, roadway 
condition, and multimodal transportation information 
systems. 
‘‘(xiii) Electronic screening and credentialing sys-
tems for vehicles, including weigh-in-motion truck 
inspection technologies. 
‘‘(xiv) Traffic signal optimization, including syn-
chronized and adaptive signals. 
‘‘(xv) Work zone management and information sys-
tems. 
‘‘(xvi) Highway ramp metering. 
‘‘(xvii) Electronic cargo and border security tech-
nologies that improve truck freight movement.
H. R. 22—44 
‘‘(xviii) Intelligent transportation systems that 
would increase truck freight efficiencies inside the 
boundaries of intermodal facilities. 
‘‘(xix) Additional road capacity to address highway 
freight bottlenecks. 
‘‘(xx) Physical separation of passenger vehicles 
from commercial motor freight. 
‘‘(xxi) Enhancement of the resiliency of critical 
highway infrastructure, including highway infrastruc-
ture that supports national energy security, to improve 
the flow of freight. 
‘‘(xxii) A highway or bridge project, other than 
a project described in clauses (i) through (xxi), to 
improve the flow of freight on the National Highway 
Freight Network. 
‘‘(xxiii) Any other surface transportation project 
to improve the flow of freight into and out of a facility 
described in subparagraph (B). 
‘‘(6) OTHER ELIGIBLE COSTS.—In addition to the eligible 
projects identified in paragraph (5), a State may use funds 
apportioned under section 104(b)(5) for— 
‘‘(A) carrying out diesel retrofit or alternative fuel 
projects under section 149 for class 8 vehicles; and 
‘‘(B) the necessary costs of— 
‘‘(i) conducting analyses and data collection related 
to the national highway freight program; 
‘‘(ii) developing and updating performance targets 
to carry out this section; and 
‘‘(iii) reporting to the Administrator to comply with 
the freight performance target under section 150. 
‘‘(7) APPLICABILITY OF PLANNING REQUIREMENTS.—Program-
ming and expenditure of funds for projects under this section 
shall be consistent with the requirements of sections 134 and 
135. 
‘‘(j) STATE PERFORMANCE TARGETS.—If the Administrator deter-
mines that a State has not met or made significant progress toward 
meeting the performance targets related to freight movement of 
the State established under section 150(d) by the date that is 
2 years after the date of the establishment of the performance 
targets, the State shall include in the next report submitted under 
section 150(e) a description of the actions the State will undertake 
to achieve the targets, including— 
‘‘(1) an identification of significant freight system trends, 
needs, and issues within the State; 
‘‘(2) a description of the freight policies and strategies that 
will guide the freight-related transportation investments of the 
State; 
‘‘(3) an inventory of freight bottlenecks within the State 
and a description of the ways in which the State is allocating 
national highway freight program funds to improve those bottle-
necks; and 
‘‘(4) a description of the actions the State will undertake 
to meet the performance targets of the State. 
‘‘(k) INTELLIGENT FREIGHT TRANSPORTATION SYSTEM.— 
‘‘(1) DEFINITION OF INTELLIGENT FREIGHT TRANSPORTATION 
SYSTEM.—In this section, the term ‘intelligent freight transpor-
tation system’ means—
H. R. 22—45 
‘‘(A) innovative or intelligent technological transpor-
tation systems, infrastructure, or facilities, including ele-
vated freight transportation facilities— 
‘‘(i) in proximity to, or within, an existing right 
of way on a Federal-aid highway; or 
‘‘(ii) that connect land ports-of entry to existing 
Federal-aid highways; or 
‘‘(B) communications or information processing systems 
that improve the efficiency, security, or safety of freight 
movements on the Federal-aid highway system, including 
to improve the conveyance of freight on dedicated intel-
ligent freight lanes. 
‘‘(2) OPERATING
STANDARDS.—The Administrator shall 
determine whether there is a need for establishing operating 
standards for intelligent freight transportation systems. 
‘‘(l) TREATMENT OF FREIGHT PROJECTS.—Notwithstanding any 
other provision of law, a freight project carried out under this 
section shall be treated as if the project were on a Federal-aid 
highway.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 
23, United States Code, is amended by striking the item relating 
to section 167 and inserting the following: 
‘‘167. National highway freight program.’’. 
(c) REPEALS.—Sections 1116, 1117, and 1118 of MAP–21 (23 
U.S.C. 167 note), and the items relating to such sections in the 
table of contents in section 1(c) of such Act, are repealed. 
SEC. 1117. FEDERAL LANDS AND TRIBAL TRANSPORTATION PRO-
GRAMS. 
(a) TRIBAL DATA COLLECTION.—Section 201(c)(6) of title 23, 
United States Code, is amended by adding at the end the following: 
‘‘(C) TRIBAL DATA COLLECTION.—In addition to the data 
to be collected under subparagraph (A), not later than 
90 days after the last day of each fiscal year, any entity 
carrying out a project under the tribal transportation pro-
gram under section 202 shall submit to the Secretary and 
the Secretary of the Interior, based on obligations and 
expenditures under the tribal transportation program 
during the preceding fiscal year, the following data: 
‘‘(i) The names of projects and activities carried 
out by the entity under the tribal transportation pro-
gram during the preceding fiscal year. 
‘‘(ii) A description of the projects and activities 
identified under clause (i). 
‘‘(iii) The current status of the projects and activi-
ties identified under clause (i). 
‘‘(iv) An estimate of the number of jobs created 
and the number of jobs retained by the projects and 
activities identified under clause (i).’’. 
(b) REPORT ON TRIBAL GOVERNMENT TRANSPORTATION SAFETY 
DATA.— 
(1) FINDINGS.—Congress finds that— 
(A) in many States, the Native American population 
is disproportionately represented in fatalities and crash 
statistics;
H. R. 22—46 
(B) improved crash reporting by tribal law enforcement 
agencies would facilitate safety planning and would enable 
Indian tribes to apply more successfully for State and Fed-
eral funds for safety improvements; 
(C) the causes of underreporting of crashes on Indian 
reservations include— 
(i) tribal law enforcement capacity, including— 
(I) staffing shortages and turnover; and 
(II) lack of equipment, software, and training; 
and 
(ii) lack of standardization in crash reporting forms 
and protocols; and 
(D) without more accurate reporting of crashes on 
Indian reservations, it is difficult or impossible to fully 
understand the nature of the problem and develop appro-
priate countermeasures, which may include effective 
transportation safety planning and programs aimed at— 
(i) driving under the influence (DUI) prevention; 
(ii) pedestrian safety; 
(iii) roadway safety improvements; 
(iv) seat belt usage; and 
(v) proper use of child restraints. 
(2) REPORT TO CONGRESS.— 
(A) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary, after consultation 
with the Secretary of Interior, the Secretary of Health 
and Human Services, the Attorney General, and Indian 
tribes, shall submit to the Committee on Environment and 
Public Works and the Committee on Indian Affairs of the 
Senate and the Committee on Transportation and Infra-
structure and the Committee on Natural Resources of the 
House of Representatives a report describing the quality 
of transportation safety data collected by States, counties, 
and Indian tribes for transportation safety systems and 
the relevance of that data to improving the collection and 
sharing of data on crashes on Indian reservations. 
(B) PURPOSES.—The purposes of the report are— 
(i) to improve the collection and sharing of data 
on crashes on Indian reservations; and 
(ii) to develop data that Indian tribes can use 
to recover damages to tribal property caused by motor-
ists. 
(C) PAPERLESS
DATA
REPORTING.—In preparing the 
report, the Secretary shall provide States, counties, and 
Indian tribes with options and best practices for transition 
to a paperless transportation safety data reporting system 
that— 
(i) improves the collection of crash reports; 
(ii) stores, archives, queries, and shares crash 
records; and 
(iii) uses data exclusively— 
(I) to address traffic safety issues on Indian 
reservations; and 
(II) to identify and improve problem areas on 
public roads on Indian reservations.
H. R. 22—47 
(D) ADDITIONAL
BUDGETARY
RESOURCES.—The Sec-
retary shall include in the report the identification of Fed-
eral transportation funds provided to Indian tribes by agen-
cies in addition to the Department and the Department 
of the Interior. 
(c) STUDY
ON BUREAU
OF INDIAN AFFAIRS ROAD SAFETY.— 
Not later than 2 years after the date of enactment of this Act, 
the Secretary, in consultation with the Secretary of Interior, the 
Attorney General, States, and Indian tribes shall— 
(1) complete a study that identifies and evaluates options 
for improving safety on public roads on Indian reservations; 
and 
(2) submit to the Committee on Environment and Public 
Works and the Committee on Indian Affairs of the Senate 
and the Committee on Transportation and Infrastructure and 
the Committee on Natural Resources of the House of Represent-
atives a report describing the results of the study. 
SEC. 1118. TRIBAL TRANSPORTATION PROGRAM AMENDMENT. 
Section 202 of title 23, United States Code, is amended— 
(1) in subsection (a)(6) by striking ‘‘6 percent’’ and inserting 
‘‘5 percent’’; and 
(2) in subsection (d)(2) in the matter preceding subpara-
graph (A) by striking ‘‘2 percent’’ and inserting ‘‘3 percent’’. 
SEC. 1119. FEDERAL LANDS TRANSPORTATION PROGRAM. 
Section 203 of title 23, United States Code, is amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (B) by striking ‘‘operation’’ and 
inserting ‘‘capital, operations,’’; and 
(B) in subparagraph (D) by striking ‘‘subparagraph 
(A)(iv)’’ and inserting ‘‘subparagraph (A)(iv)(I)’’; 
(2) in subsection (b)— 
(A) in paragraph (1)(B)— 
(i) in clause (iv) by striking ‘‘and’’ at the end; 
(ii) in clause (v) by striking the period at the 
end and inserting a semicolon; and 
(iii) by adding at the end the following: 
‘‘(vi) the Bureau of Reclamation; and 
‘‘(vii) independent Federal agencies with natural 
resource and land management responsibilities.’’; and 
(B) in paragraph (2)(B)— 
(i) in the matter preceding clause (i) by inserting 
‘‘performance management, including’’ after ‘‘support’’; 
and 
(ii) in clause (i)(II) by striking ‘‘, and’’ and inserting 
‘‘; and’’; and 
(3) in subsection (c)(2)(B) by adding at the end the fol-
lowing: 
‘‘(vi) The Bureau of Reclamation.’’. 
SEC. 1120. FEDERAL LANDS PROGRAMMATIC ACTIVITIES. 
Section 201(c) of title 23, United States Code, is amended— 
(1) in paragraph (6)(A)— 
(A) by redesignating clauses (i) and (ii) as subclauses 
(I) and (II), respectively (and by moving the subclauses 
2 ems to the right);
H. R. 22—48 
(B) in the matter preceding subclause (I) (as so redesig-
nated), by striking ‘‘The Secretaries’’ and inserting the 
following: 
‘‘(i) IN GENERAL.—The Secretaries’’; 
(C) by inserting a period after ‘‘tribal transportation 
program’’; and 
(D) by striking ‘‘in accordance with’’ and all that follows 
through ‘‘including—’’ and inserting the following: 
‘‘(ii) REQUIREMENT.—Data collected to implement 
the tribal transportation program shall be in accord-
ance with the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.). 
‘‘(iii) INCLUSIONS.—Data collected under this para-
graph includes—’’; and 
(2) by striking paragraph (7) and inserting the following— 
‘‘(7) COOPERATIVE
RESEARCH
AND
TECHNOLOGY
DEPLOY-
MENT.—The Secretary may conduct cooperative research and 
technology deployment in coordination with Federal land 
management agencies, as determined appropriate by the Sec-
retary. 
‘‘(8) FUNDING.— 
‘‘(A) IN GENERAL.—To carry out the activities described 
in this subsection for Federal lands transportation facilities, 
Federal lands access transportation facilities, and other 
federally owned roads open to public travel (as that term 
is defined in section 125(e)), the Secretary shall for each 
fiscal year combine and use not greater than 5 percent 
of the funds authorized for programs under sections 203 
and 204. 
‘‘(B) OTHER ACTIVITIES.—In addition to the activities 
described in subparagraph (A), funds described under that 
subparagraph may be used for— 
‘‘(i) bridge inspections on any federally owned 
bridge even if that bridge is not included on the inven-
tory described under section 203; and 
‘‘(ii) transportation planning activities carried out 
by Federal land management agencies eligible for 
funding under this chapter.’’. 
SEC. 1121. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM. 
(a) IN GENERAL.—Chapter 2 of title 23, United States Code, 
is amended by inserting after section 206 the following: 
‘‘§ 207. Tribal transportation self-governance program 
‘‘(a) ESTABLISHMENT.—Subject to the requirements of this sec-
tion, the Secretary shall establish and carry out a program to 
be known as the tribal transportation self-governance program. 
The Secretary may delegate responsibilities for administration of 
the program as the Secretary determines appropriate. 
‘‘(b) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) and (3), an 
Indian tribe shall be eligible to participate in the program 
if the Indian tribe requests participation in the program by 
resolution or other official action by the governing body of 
the Indian tribe, and demonstrates, for the preceding 3 fiscal 
years, financial stability and financial management capability, 
and transportation program management capability.
H. R. 22—49 
‘‘(2) CRITERIA FOR DETERMINING FINANCIAL STABILITY AND 
FINANCIAL MANAGEMENT CAPACITY.—For the purposes of para-
graph (1), evidence that, during the preceding 3 fiscal years, 
an Indian tribe had no uncorrected significant and material 
audit exceptions in the required annual audit of the Indian 
tribe’s self-determination contracts or self-governance funding 
agreements with any Federal agency shall be conclusive evi-
dence of the required financial stability and financial manage-
ment capability. 
‘‘(3) CRITERIA FOR DETERMINING TRANSPORTATION PROGRAM 
MANAGEMENT
CAPABILITY.—The Secretary shall require an 
Indian tribe to demonstrate transportation program manage-
ment capability, including the capability to manage and com-
plete projects eligible under this title and projects eligible under 
chapter 53 of title 49, to gain eligibility for the program. 
‘‘(c) COMPACTS.— 
‘‘(1) COMPACT REQUIRED.—Upon the request of an eligible 
Indian tribe, and subject to the requirements of this section, 
the Secretary shall negotiate and enter into a written compact 
with the Indian tribe for the purpose of providing for the 
participation of the Indian tribe in the program. 
‘‘(2) CONTENTS.—A compact entered into under paragraph 
(1) shall set forth the general terms of the government-to- 
government relationship between the Indian tribe and the 
United States under the program and other terms that will 
continue to apply in future fiscal years. 
‘‘(3) AMENDMENTS.—A compact entered into with an Indian 
tribe under paragraph (1) may be amended only by mutual 
agreement of the Indian tribe and the Secretary. 
‘‘(d) ANNUAL FUNDING AGREEMENTS.— 
‘‘(1) FUNDING AGREEMENT REQUIRED.—After entering into 
a compact with an Indian tribe under subsection (c), the Sec-
retary shall negotiate and enter into a written annual funding 
agreement with the Indian tribe. 
‘‘(2) CONTENTS.— 
‘‘(A) IN GENERAL.— 
‘‘(i) 
FORMULA
FUNDING
AND
DISCRETIONARY 
GRANTS.—A funding agreement entered into with an 
Indian tribe shall authorize the Indian tribe, as deter-
mined by the Indian tribe, to plan, conduct, consolidate, 
administer, and receive full tribal share funding, tribal 
transit formula funding, and funding to tribes from 
discretionary and competitive grants administered by 
the Department for all programs, services, functions, 
and activities (or portions thereof) that are made avail-
able to Indian tribes to carry out tribal transportation 
programs and programs, services, functions, and activi-
ties (or portions thereof) administered by the Secretary 
that are otherwise available to Indian tribes. 
‘‘(ii) TRANSFERS OF STATE FUNDS.— 
‘‘(I) INCLUSION
OF
TRANSFERRED
FUNDS
IN 
FUNDING
AGREEMENT.—A 
funding 
agreement 
entered into with an Indian tribe shall include 
Federal-aid funds apportioned to a State under 
chapter 1 if the State elects to provide a portion 
of such funds to the Indian tribe for a project 
eligible under section 202(a). The provisions of this
H. R. 22—50 
section shall be in addition to the methods for 
making funding contributions described in section 
202(a)(9). Nothing in this section shall diminish 
the authority of the Secretary to provide funds 
to an Indian tribe under section 202(a)(9). 
‘‘(II) METHOD
FOR
TRANSFERS.—If a State 
elects to provide funds described in subclause (I) 
to an Indian tribe— 
‘‘(aa) the transfer may occur in accordance 
with section 202(a)(9); or 
‘‘(bb) the State shall transfer the funds 
back to the Secretary and the Secretary shall 
transfer the funds to the Indian tribe in 
accordance with this section. 
‘‘(III) 
RESPONSIBILITY
FOR
TRANSFERRED 
FUNDS.—Notwithstanding any other provision of 
law, if a State provides funds described in sub-
clause (I) to an Indian tribe— 
‘‘(aa) the State shall not be responsible 
for constructing or maintaining a project car-
ried out using the funds or for administering 
or supervising the project or funds during the 
applicable statute of limitations period related 
to the construction of the project; and 
‘‘(bb) the Indian tribe shall be responsible 
for constructing and maintaining a project car-
ried out using the funds and for administering 
and supervising the project and funds in 
accordance with this section during the 
applicable statute of limitations period related 
to the construction of the project. 
‘‘(B) ADMINISTRATION OF TRIBAL SHARES.—The tribal 
shares referred to in subparagraph (A) shall be provided 
without regard to the agency or office of the Department 
within which the program, service, function, or activity 
(or portion thereof) is performed. 
‘‘(C) FLEXIBLE AND INNOVATIVE FINANCING.— 
‘‘(i) IN
GENERAL.—A funding agreement entered 
into with an Indian tribe under paragraph (1) shall 
include provisions pertaining to flexible and innovative 
financing if agreed upon by the parties. 
‘‘(ii) TERMS AND CONDITIONS.— 
‘‘(I) AUTHORITY TO ISSUE REGULATIONS.—The 
Secretary may issue regulations to establish the 
terms and conditions relating to the flexible and 
innovative financing provisions referred to in 
clause (i). 
‘‘(II) TERMS AND CONDITIONS IN ABSENCE OF 
REGULATIONS.—If the Secretary does not issue 
regulations under subclause (I), the terms and 
conditions relating to the flexible and innovative 
financing provisions referred to in clause (i) shall 
be consistent with— 
‘‘(aa) agreements entered into by the 
Department under— 
‘‘(AA) section 202(b)(7); and
H. R. 22—51 
‘‘(BB) section 202(d)(5), as in effect 
before the date of enactment of MAP–21 
(Public Law 112–141); or 
‘‘(bb) regulations of the Department of the 
Interior relating to flexible financing contained 
in part 170 of title 25, Code of Federal Regula-
tions, as in effect on the date of enactment 
of the FAST Act. 
‘‘(3) TERMS.—A funding agreement shall set forth— 
‘‘(A) terms that generally identify the programs, serv-
ices, functions, and activities (or portions thereof) to be 
performed or administered by the Indian tribe; and 
‘‘(B) for items identified in subparagraph (A)— 
‘‘(i) the general budget category assigned; 
‘‘(ii) the funds to be provided, including those funds 
to be provided on a recurring basis; 
‘‘(iii) the time and method of transfer of the funds; 
‘‘(iv) the responsibilities of the Secretary and the 
Indian tribe; and 
‘‘(v) any other provision agreed to by the Indian 
tribe and the Secretary. 
‘‘(4) SUBSEQUENT FUNDING AGREEMENTS.— 
‘‘(A) APPLICABILITY OF EXISTING AGREEMENT.—Absent 
notification from an Indian tribe that the Indian tribe 
is withdrawing from or retroceding the operation of 1 or 
more programs, services, functions, or activities (or portions 
thereof) identified in a funding agreement, or unless other-
wise agreed to by the parties, each funding agreement 
shall remain in full force and effect until a subsequent 
funding agreement is executed. 
‘‘(B) EFFECTIVE DATE OF SUBSEQUENT AGREEMENT.— 
The terms of the subsequent funding agreement shall be 
retroactive to the end of the term of the preceding funding 
agreement. 
‘‘(5) CONSENT OF INDIAN TRIBE REQUIRED.—The Secretary 
shall not revise, amend, or require additional terms in a new 
or subsequent funding agreement without the consent of the 
Indian tribe that is subject to the agreement unless such terms 
are required by Federal law. 
‘‘(e) GENERAL PROVISIONS.— 
‘‘(1) REDESIGN AND CONSOLIDATION.— 
‘‘(A) IN
GENERAL.—An Indian tribe, in any manner 
that the Indian tribe considers to be in the best interest 
of the Indian community being served, may— 
‘‘(i) redesign or consolidate programs, services, 
functions, and activities (or portions thereof) included 
in a funding agreement; and 
‘‘(ii) reallocate or redirect funds for such programs, 
services, functions, and activities (or portions thereof), 
if the funds are— 
‘‘(I) expended on projects identified in a 
transportation improvement program approved by 
the Secretary; and 
‘‘(II) used in accordance with the requirements 
in— 
‘‘(aa) appropriations Acts;
H. R. 22—52 
‘‘(bb) this title and chapter 53 of title 49; 
and 
‘‘(cc) any other applicable law. 
‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), 
if, pursuant to subsection (d), an Indian tribe receives 
a discretionary or competitive grant from the Secretary 
or receives State apportioned funds, the Indian tribe shall 
use the funds for the purpose for which the funds were 
originally authorized. 
‘‘(2) RETROCESSION.— 
‘‘(A) IN GENERAL.— 
‘‘(i) AUTHORITY OF INDIAN TRIBES.—An Indian tribe 
may retrocede (fully or partially) to the Secretary pro-
grams, services, functions, or activities (or portions 
thereof) included in a compact or funding agreement. 
‘‘(ii) REASSUMPTION
OF
REMAINING
FUNDS.—Fol-
lowing a retrocession described in clause (i), the Sec-
retary may— 
‘‘(I) reassume the remaining funding associ-
ated with the retroceded programs, functions, serv-
ices, and activities (or portions thereof) included 
in the applicable compact or funding agreement; 
‘‘(II) out of such remaining funds, transfer 
funds associated with Department of Interior pro-
grams, services, functions, or activities (or portions 
thereof) to the Secretary of the Interior to carry 
out transportation services provided by the Sec-
retary of the Interior; and 
‘‘(III) distribute funds not transferred under 
subclause (II) in accordance with applicable law. 
‘‘(iii) CORRECTION OF PROGRAMS.—If the Secretary 
makes a finding under subsection (f)(2)(B) and no funds 
are available under subsection (f)(2)(A)(ii), the Sec-
retary shall not be required to provide additional funds 
to complete or correct any programs, functions, serv-
ices, or activities (or portions thereof). 
‘‘(B) EFFECTIVE DATE.—Unless the Indian tribe rescinds 
a request for retrocession, the retrocession shall become 
effective within the timeframe specified by the parties in 
the compact or funding agreement. In the absence of such 
a specification, the retrocession shall become effective on— 
‘‘(i) the earlier of— 
‘‘(I) 1 year after the date of submission of 
the request; or 
‘‘(II) the date on which the funding agreement 
expires; or 
‘‘(ii) such date as may be mutually agreed upon 
by the parties and, with respect to Department of 
the Interior programs, functions, services, and activi-
ties (or portions thereof), the Secretary of the Interior. 
‘‘(f) PROVISIONS RELATING TO SECRETARY.— 
‘‘(1) DECISIONMAKER.—A decision that relates to an appeal 
of the rejection of a final offer by the Department shall be 
made either— 
‘‘(A) by an official of the Department who holds a 
position at a higher organizational level within the Depart-
ment than the level of the departmental agency in which
H. R. 22—53 
the decision that is the subject of the appeal was made; 
or 
‘‘(B) by an administrative judge. 
‘‘(2) TERMINATION OF COMPACT OR FUNDING AGREEMENT.— 
‘‘(A) AUTHORITY TO TERMINATE.— 
‘‘(i) PROVISION TO BE INCLUDED IN COMPACT OR 
FUNDING AGREEMENT.—A compact or funding agree-
ment shall include a provision authorizing the Sec-
retary, if the Secretary makes a finding described in 
subparagraph (B), to— 
‘‘(I) terminate the compact or funding agree-
ment (or a portion thereof); and 
‘‘(II) reassume the remaining funding associ-
ated with the reassumed programs, functions, serv-
ices, and activities included in the compact or 
funding agreement. 
‘‘(ii) TRANSFERS OF FUNDS.—Out of any funds re-
assumed under clause (i)(II), the Secretary may 
transfer the funds associated with Department of the 
Interior programs, functions, services, and activities 
(or portions thereof) to the Secretary of the Interior 
to provide continued transportation services in accord-
ance with applicable law. 
‘‘(B) 
FINDINGS
RESULTING
IN
TERMINATION.—The 
finding referred to in subparagraph (A) is a specific finding 
of— 
‘‘(i) imminent jeopardy to a trust asset, natural 
resources, or public health and safety that is caused 
by an act or omission of the Indian tribe and that 
arises out of a failure to carry out the compact or 
funding agreement, as determined by the Secretary; 
or 
‘‘(ii) gross mismanagement with respect to funds 
or programs transferred to the Indian tribe under the 
compact or funding agreement, as determined by the 
Secretary in consultation with the Inspector General 
of the Department, as appropriate. 
‘‘(C) PROHIBITION.—The Secretary shall not terminate 
a compact or funding agreement (or portion thereof) 
unless— 
‘‘(i) the Secretary has first provided written notice 
and a hearing on the record to the Indian tribe that 
is subject to the compact or funding agreement; and 
‘‘(ii) the Indian tribe has not taken corrective action 
to remedy the mismanagement of funds or programs 
or the imminent jeopardy to a trust asset, natural 
resource, or public health and safety. 
‘‘(D) EXCEPTION.— 
‘‘(i) IN GENERAL.—Notwithstanding subparagraph 
(C), the Secretary, upon written notification to an 
Indian tribe that is subject to a compact or funding 
agreement, may immediately terminate the compact 
or funding agreement (or portion thereof) if— 
‘‘(I) the Secretary makes a finding of imminent 
substantial and irreparable jeopardy to a trust 
asset, natural resource, or public health and safety; 
and
H. R. 22—54 
‘‘(II) the jeopardy arises out of a failure to 
carry out the compact or funding agreement. 
‘‘(ii) HEARINGS.—If the Secretary terminates a com-
pact or funding agreement (or portion thereof) under 
clause (i), the Secretary shall provide the Indian tribe 
subject to the compact or agreement with a hearing 
on the record not later than 10 days after the date 
of such termination. 
‘‘(E) BURDEN
OF
PROOF.—In any hearing or appeal 
involving a decision to terminate a compact or funding 
agreement (or portion thereof) under this paragraph, the 
Secretary shall have the burden of proof in demonstrating 
by clear and convincing evidence the validity of the grounds 
for the termination. 
‘‘(g) COST PRINCIPLES.—In administering funds received under 
this section, an Indian tribe shall apply cost principles under the 
applicable Office of Management and Budget circular, except as 
modified by section 106 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450j–1), other provisions of law, 
or by any exemptions to applicable Office of Management and 
Budget circulars subsequently granted by the Office of Management 
and Budget. No other audit or accounting standards shall be 
required by the Secretary. Any claim by the Federal Government 
against the Indian tribe relating to funds received under a funding 
agreement based on any audit conducted pursuant to this subsection 
shall be subject to the provisions of section 106(f) of that Act 
(25 U.S.C. 450j–1(f)). 
‘‘(h) TRANSFER OF FUNDS.—The Secretary shall provide funds 
to an Indian tribe under a funding agreement in an amount equal 
to— 
‘‘(1) the sum of the funding that the Indian tribe would 
otherwise receive for the program, function, service, or activity 
in accordance with a funding formula or other allocation method 
established under this title or chapter 53 of title 49; and 
‘‘(2) such additional amounts as the Secretary determines 
equal the amounts that would have been withheld for the 
costs of the Bureau of Indian Affairs for administration of 
the program or project. 
‘‘(i) CONSTRUCTION PROGRAMS.— 
‘‘(1) STANDARDS.—Construction projects carried out under 
programs administered by an Indian tribe with funds trans-
ferred to the Indian tribe pursuant to a funding agreement 
entered into under this section shall be constructed pursuant 
to the construction program standards set forth in applicable 
regulations or as specifically approved by the Secretary (or 
the Secretary’s designee). 
‘‘(2) MONITORING.—Construction programs shall be mon-
itored by the Secretary in accordance with applicable regula-
tions. 
‘‘(j) FACILITATION.— 
‘‘(1) SECRETARIAL
INTERPRETATION.—Except as otherwise 
provided by law, the Secretary shall interpret all Federal laws, 
Executive orders, and regulations in a manner that will facili-
tate— 
‘‘(A) the inclusion of programs, services, functions, and 
activities (or portions thereof) and funds associated there-
with, in compacts and funding agreements; and
H. R. 22—55 
‘‘(B) the implementation of the compacts and funding 
agreements. 
‘‘(2) REGULATION WAIVER.— 
‘‘(A) IN GENERAL.—An Indian tribe may submit to the 
Secretary a written request to waive application of a regula-
tion promulgated under this section with respect to a com-
pact or funding agreement. The request shall identify the 
regulation sought to be waived and the basis for the 
request. 
‘‘(B) APPROVALS AND DENIALS.— 
‘‘(i) IN
GENERAL.—Not later than 90 days after 
the date of receipt of a written request under subpara-
graph (A), the Secretary shall approve or deny the 
request in writing. 
‘‘(ii) REVIEW.—The Secretary shall review any 
application by an Indian tribe for a waiver bearing 
in mind increasing opportunities for using flexible 
policy approaches at the Indian tribal level. 
‘‘(iii) DEEMED APPROVAL.—If the Secretary does not 
approve or deny a request submitted under subpara-
graph (A) on or before the last day of the 90-day 
period referred to in clause (i), the request shall be 
deemed approved. 
‘‘(iv) DENIALS.—If the application for a waiver is 
not granted, the agency shall provide the applicant 
with the reasons for the denial as part of the written 
response required in clause (i). 
‘‘(v) FINALITY
OF
DECISIONS.—A decision by the 
Secretary under this subparagraph shall be final for 
the Department. 
‘‘(k) DISCLAIMERS.— 
‘‘(1) EXISTING
AUTHORITY.—Notwithstanding any other 
provision of law, upon the election of an Indian tribe, the 
Secretary shall— 
‘‘(A) maintain current tribal transportation program 
funding agreements and program agreements; or 
‘‘(B) enter into new agreements under the authority 
of section 202(b)(7). 
‘‘(2) LIMITATION
ON
STATUTORY
CONSTRUCTION.—Nothing 
in this section may be construed to impair or diminish the 
authority of the Secretary under section 202(b)(7). 
‘‘(l) APPLICABILITY OF INDIAN SELF-DETERMINATION AND EDU-
CATION ASSISTANCE ACT.—Except to the extent in conflict with 
this section (as determined by the Secretary), the following provi-
sions of the Indian Self-Determination and Education Assistance 
Act shall apply to compact and funding agreements (except that 
any reference to the Secretary of the Interior or the Secretary 
of Health and Human Services in such provisions shall be treated 
as a reference to the Secretary of Transportation): 
‘‘(1) Subsections (a), (b), (d), (g), and (h) of section 506 
of such Act (25 U.S.C. 458aaa–5), relating to general provisions. 
‘‘(2) Subsections (b) through (e) and (g) of section 507 
of such Act (25 U.S.C. 458aaa–6), relating to provisions relating 
to the Secretary of Health and Human Services. 
‘‘(3) Subsections (a), (b), (d), (e), (g), (h), (i), and (k) of 
section 508 of such Act (25 U.S.C. 458aaa–7), relating to 
transfer of funds.
H. R. 22—56 
‘‘(4) Section 510 of such Act (25 U.S.C. 458aaa–9), relating 
to Federal procurement laws and regulations. 
‘‘(5) Section 511 of such Act (25 U.S.C. 458aaa–10), relating 
to civil actions. 
‘‘(6) Subsections (a)(1), (a)(2), and (c) through (f) of section 
512 of such Act (25 U.S.C. 458aaa–11), relating to facilitation, 
except that subsection (c)(1) of that section shall be applied 
by substituting ‘transportation facilities and other facilities’ 
for ‘school buildings, hospitals, and other facilities’. 
‘‘(7) Subsections (a) and (b) of section 515 of such Act 
(25 U.S.C. 458aaa–14), relating to disclaimers. 
‘‘(8) Subsections (a) and (b) of section 516 of such Act 
(25 U.S.C. 458aaa–15), relating to application of title I provi-
sions. 
‘‘(9) Section 518 of such Act (25 U.S.C. 458aaa–17), relating 
to appeals. 
‘‘(m) DEFINITIONS.— 
‘‘(1) IN GENERAL.—In this section, the following definitions 
apply (except as otherwise expressly provided): 
‘‘(A) COMPACT.—The term ‘compact’ means a compact 
between the Secretary and an Indian tribe entered into 
under subsection (c). 
‘‘(B) DEPARTMENT.—The term ‘Department’ means the 
Department of Transportation. 
‘‘(C) ELIGIBLE INDIAN TRIBE.—The term ‘eligible Indian 
tribe’ means an Indian tribe that is eligible to participate 
in the program, as determined under subsection (b). 
‘‘(D) FUNDING AGREEMENT.—The term ‘funding agree-
ment’ means a funding agreement between the Secretary 
and an Indian tribe entered into under subsection (d). 
‘‘(E) INDIAN TRIBE.—The term ‘Indian tribe’ means any 
Indian or Alaska Native tribe, band, nation, pueblo, village, 
or community that is recognized as eligible for the special 
programs and services provided by the United States to 
Indians because of their status as Indians. In any case 
in which an Indian tribe has authorized another Indian 
tribe, an intertribal consortium, or a tribal organization 
to plan for or carry out programs, services, functions, or 
activities (or portions thereof) on its behalf under this 
section, the authorized Indian tribe, intertribal consortium, 
or tribal organization shall have the rights and responsibil-
ities of the authorizing Indian tribe (except as otherwise 
provided in the authorizing resolution or in this title). 
In such event, the term ‘Indian tribe’ as used in this 
section shall include such other authorized Indian tribe, 
intertribal consortium, or tribal organization. 
‘‘(F) PROGRAM.—The term ‘program’ means the tribal 
transportation self-governance program established under 
this section. 
‘‘(G) SECRETARY.—The term ‘Secretary’ means the Sec-
retary of Transportation. 
‘‘(H) TRANSPORTATION PROGRAMS.—The term ‘transpor-
tation programs’ means all programs administered or 
financed by the Department under this title and chapter 
53 of title 49. 
‘‘(2) APPLICABILITY OF OTHER DEFINITIONS.—In this section, 
the definitions set forth in sections 4 and 505 of the Indian
H. R. 22—57 
Self-Determination and Education Assistance Act (25 U.S.C. 
450b; 458aaa) apply, except as otherwise expressly provided 
in this section. 
‘‘(n) REGULATIONS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) PROMULGATION.—Not later than 90 days after the 
date of enactment of the FAST Act, the Secretary shall 
initiate procedures under subchapter III of chapter 5 of 
title 5 to negotiate and promulgate such regulations as 
are necessary to carry out this section. 
‘‘(B) PUBLICATION
OF
PROPOSED
REGULATIONS.—Pro-
posed regulations to implement this section shall be pub-
lished in the Federal Register by the Secretary not later 
than 21 months after such date of enactment. 
‘‘(C) EXPIRATION
OF
AUTHORITY.—The authority to 
promulgate regulations under subparagraph (A) shall 
expire 30 months after such date of enactment. 
‘‘(D) EXTENSION OF DEADLINES.—A deadline set forth 
in subparagraph (B) or (C) may be extended up to 180 
days if the negotiated rulemaking committee referred to 
in paragraph (2) concludes that the committee cannot meet 
the deadline and the Secretary so notifies the appropriate 
committees of Congress. 
‘‘(2) COMMITTEE.— 
‘‘(A) IN GENERAL.—A negotiated rulemaking committee 
established pursuant to section 565 of title 5 to carry 
out this subsection shall have as its members only Federal 
and tribal government representatives, a majority of whom 
shall be nominated by and be representatives of Indian 
tribes with funding agreements under this title. 
‘‘(B) REQUIREMENTS.—The committee shall confer with, 
and accommodate participation by, representatives of 
Indian tribes, inter-tribal consortia, tribal organizations, 
and individual tribal members. 
‘‘(C) ADAPTATION OF PROCEDURES.—The Secretary shall 
adapt the negotiated rulemaking procedures to the unique 
context of self-governance and the government-to-govern-
ment relationship between the United States and Indian 
tribes. 
‘‘(3) EFFECT.—The lack of promulgated regulations shall 
not limit the effect of this section. 
‘‘(4) EFFECT OF CIRCULARS, POLICIES, MANUALS, GUIDANCE, 
AND RULES.—Unless expressly agreed to by the participating 
Indian tribe in the compact or funding agreement, the partici-
pating Indian tribe shall not be subject to any agency circular, 
policy, manual, guidance, or rule adopted by the Department, 
except regulations promulgated under this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 2 of title 
23, United States Code, is amended by inserting after the item 
relating to section 206 the following: 
‘‘207. Tribal transportation self-governance program.’’. 
SEC. 1122. STATE FLEXIBILITY FOR NATIONAL HIGHWAY SYSTEM 
MODIFICATIONS. 
(a) NATIONAL HIGHWAY SYSTEM FLEXIBILITY.—Not later than 
90 days after the date of enactment of this Act, the Secretary 
shall issue guidance relating to working with State departments
H. R. 22—58 
of transportation that request assistance from the division offices 
of the Federal Highway Administration— 
(1) to review roads classified as principal arterials in the 
State that were added to the National Highway System as 
of October 1, 2012, so as to comply with section 103 of title 
23, United States Code; and 
(2) to identify any necessary functional classification 
changes to rural and urban principal arterials. 
(b) ADMINISTRATIVE ACTIONS.—The Secretary shall direct the 
division offices of the Federal Highway Administration to work 
with the applicable State department of transportation that 
requests assistance under this section— 
(1) to assist in the review of roads in accordance with 
guidance issued under subsection (a); 
(2) to expeditiously review and facilitate requests from 
States to reclassify roads classified as principal arterials; and 
(3) in the case of a State that requests the withdrawal 
of reclassified roads from the National Highway System under 
section 103(b)(3) of title 23, United States Code, to carry out 
that withdrawal if the inclusion of the reclassified road in 
the National Highway System is not consistent with the needs 
and priorities of the community or region in which the reclassi-
fied road is located. 
(c) NATIONAL HIGHWAY SYSTEM MODIFICATION REGULATIONS.— 
The Secretary shall— 
(1) review the National Highway System modification 
process described in appendix D of part 470 of title 23, Code 
of Federal Regulations (or successor regulations); and 
(2) take any action necessary to ensure that a State may 
submit to the Secretary a request to modify the National High-
way System by withdrawing a road from the National Highway 
System. 
(d) REPORT TO CONGRESS.—Not later than 1 year after the 
date of enactment of this Act, and annually thereafter, the Secretary 
shall submit to the Committee on Environment and Public Works 
of the Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives a report that includes a 
description of— 
(1) each request for reclassification of National Highway 
System roads; 
(2) the status of each request; and 
(3) if applicable, the justification for the denial by the 
Secretary of a request. 
(e) MODIFICATIONS TO THE NATIONAL HIGHWAY SYSTEM.—Sec-
tion 103(b)(3)(A) of title 23, United States Code, is amended— 
(1) in the matter preceding clause (i)— 
(A) by striking ‘‘, including any modification consisting 
of a connector to a major intermodal terminal,’’; and 
(B) by inserting ‘‘, including any modification consisting 
of a connector to a major intermodal terminal or the with-
drawal of a road from that system,’’ after ‘‘the National 
Highway System’’; and 
(2) in clause (ii)— 
(A) by striking ‘‘(ii) enhances’’ and inserting ‘‘(ii)(I) 
enhances’’; 
(B) by striking the period at the end and inserting 
‘‘; or’’; and
H. R. 22—59 
(C) by adding at the end the following: 
‘‘(II) in the case of the withdrawal of a road, is 
reasonable and appropriate.’’. 
SEC. 1123. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL 
PROJECTS PROGRAM. 
(a) PURPOSE.—The Secretary shall establish a nationally signifi-
cant Federal lands and tribal projects program (referred to in this 
section as the ‘‘program’’) to provide funding to construct, 
reconstruct, or rehabilitate nationally significant Federal lands and 
tribal transportation projects. 
(b) ELIGIBLE APPLICANTS.— 
(1) IN GENERAL.—Except as provided in paragraph (2), enti-
ties eligible to receive funds under sections 201, 202, 203, 
and 204 of title 23, United States Code, may apply for funding 
under the program. 
(2) SPECIAL RULE.—A State, county, or unit of local govern-
ment may only apply for funding under the program if spon-
sored by an eligible Federal land management agency or Indian 
tribe. 
(c) ELIGIBLE PROJECTS.—An eligible project under the program 
shall be a single continuous project— 
(1) on a Federal lands transportation facility, a Federal 
lands access transportation facility, or a tribal transportation 
facility (as those terms are defined in section 101 of title 23, 
United States Code), except that such facility is not required 
to be included in an inventory described in section 202 or 
203 of such title; 
(2) for which completion of activities required under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) has been demonstrated through— 
(A) a record of decision with respect to the project; 
(B) a finding that the project has no significant impact; 
or 
(C) a determination that the project is categorically 
excluded; and 
(3) having an estimated cost, based on the results of 
preliminary engineering, equal to or exceeding $25,000,000, 
with priority consideration given to projects with an estimated 
cost equal to or exceeding $50,000,000. 
(d) ELIGIBLE ACTIVITIES.— 
(1) IN
GENERAL.—Subject to paragraph (2), an eligible 
applicant receiving funds under the program may only use 
the funds for construction, reconstruction, and rehabilitation 
activities. 
(2) INELIGIBLE ACTIVITIES.—An eligible applicant may not 
use funds received under the program for activities relating 
to project design. 
(e) APPLICATIONS.—Eligible applicants shall submit to the Sec-
retary an application at such time, in such form, and containing 
such information as the Secretary may require. 
(f) SELECTION CRITERIA.—In selecting a project to receive funds 
under the program, the Secretary shall consider the extent to which 
the project— 
(1) furthers the goals of the Department, including state 
of good repair, economic competitiveness, quality of life, and 
safety;
H. R. 22—60 
(2) improves the condition of critical transportation facili-
ties, including multimodal facilities; 
(3) needs construction, reconstruction, or rehabilitation; 
(4) has costs matched by funds that are not provided under 
this section, with projects with a greater percentage of other 
sources of matching funds ranked ahead of lesser matches; 
(5) is included in or eligible for inclusion in the National 
Register of Historic Places; 
(6) uses new technologies and innovations that enhance 
the efficiency of the project; 
(7) is supported by funds, other than the funds received 
under the program, to construct, maintain, and operate the 
facility; 
(8) spans 2 or more States; and 
(9) serves land owned by multiple Federal agencies or 
Indian tribes. 
(g) FEDERAL SHARE.— 
(1) IN GENERAL.—The Federal share of the cost of a project 
shall be up to 90 percent. 
(2) NON-FEDERAL
SHARE.—Notwithstanding any other 
provision of law, any Federal funds other than those made 
available under title 23 or title 49, United States Code, may 
be used to pay the non-Federal share of the cost of a project 
carried out under this section. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $100,000,000 for each 
of fiscal years 2016 through 2020. Such sums shall remain available 
for a period of 3 fiscal years following the fiscal year for which 
the amounts are appropriated. 
Subtitle B—Planning and Performance 
Management 
SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING. 
Section 134 of title 23, United States Code, is amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘people and freight and’’ and inserting 
‘‘people and freight,’’ and 
(B) by inserting ‘‘and take into consideration resiliency 
needs’’ after ‘‘urbanized areas,’’; 
(2) in subsection (c)(2) by striking ‘‘and bicycle transpor-
tation facilities’’ and inserting ‘‘, bicycle transportation facilities, 
and intermodal facilities that support intercity transportation, 
including intercity buses and intercity bus facilities and com-
muter vanpool providers’’; 
(3) in subsection (d)— 
(A) by redesignating paragraphs (3) through (6) as 
paragraphs (4) through (7), respectively; 
(B) by inserting after paragraph (2) the following: 
‘‘(3) REPRESENTATION.— 
‘‘(A) IN GENERAL.—Designation or selection of officials 
or representatives under paragraph (2) shall be determined 
by the metropolitan planning organization according to the 
bylaws or enabling statute of the organization. 
‘‘(B) PUBLIC TRANSPORTATION REPRESENTATIVE.—Sub-
ject to the bylaws or enabling statute of the metropolitan
H. R. 22—61 
planning organization, a representative of a provider of 
public transportation may also serve as a representative 
of a local municipality. 
‘‘(C) POWERS
OF
CERTAIN
OFFICIALS.—An official 
described in paragraph (2)(B) shall have responsibilities, 
actions, duties, voting rights, and any other authority 
commensurate with other officials described in paragraph 
(2).’’; and 
(C) in paragraph (5) as so redesignated by striking 
‘‘paragraph (5)’’ and inserting ‘‘paragraph (6)’’; 
(4) in subsection (e)(4)(B) by striking ‘‘subsection (d)(5)’’ 
and inserting ‘‘subsection (d)(6)’’; 
(5) in subsection (g)(3)(A) by inserting ‘‘tourism, natural 
disaster risk reduction,’’ after ‘‘economic development,’’; 
(6) in subsection (h)— 
(A) in paragraph (1)— 
(i) in subparagraph (G) by striking ‘‘and’’ at the 
end; 
(ii) in subparagraph (H) by striking the period 
at the end and inserting a semicolon; and 
(iii) by adding at the end the following: 
‘‘(I) improve the resiliency and reliability of the 
transportation system and reduce or mitigate stormwater 
impacts of surface transportation; and 
‘‘(J) enhance travel and tourism.’’; and 
(B) in paragraph (2)(A) by striking ‘‘and in section 
5301(c) of title 49’’ and inserting ‘‘and the general purposes 
described in section 5301 of title 49’’; 
(7) in subsection (i)— 
(A) in paragraph (2)— 
(i) in subparagraph (A)(i) by striking ‘‘transit,’’ and 
inserting ‘‘public transportation facilities, intercity bus 
facilities,’’; 
(ii) in subparagraph (G)— 
(I) by striking ‘‘and provide’’ and inserting ‘‘, 
provide’’; and 
(II) by inserting ‘‘, and reduce the vulnerability 
of the existing transportation infrastructure to nat-
ural disasters’’ before the period at the end; and 
(iii) in subparagraph (H) by inserting ‘‘including 
consideration of the role that intercity buses may play 
in reducing congestion, pollution, and energy consump-
tion in a cost-effective manner and strategies and 
investments that preserve and enhance intercity bus 
systems, including systems that are privately owned 
and operated’’ before the period at the end; 
(B) in paragraph (6)(A)— 
(i) by inserting ‘‘public ports,’’ before ‘‘freight ship-
pers,’’; and 
(ii) by inserting ‘‘(including intercity bus operators, 
employer-based commuting programs, such as a carpool 
program, vanpool program, transit benefit program, 
parking 
cash-out 
program, 
shuttle 
program, 
or 
telework program)’’ after ‘‘private providers of transpor-
tation’’; and 
(C) in paragraph (8) by striking ‘‘paragraph (2)(C)’’ 
and inserting ‘‘paragraph (2)(E)’’ each place it appears;
H. R. 22—62 
(8) in subsection (k)(3)— 
(A) in subparagraph (A) by inserting ‘‘(including inter-
city bus operators, employer-based commuting programs 
such as a carpool program, vanpool program, transit benefit 
program, parking cash-out program, shuttle program, or 
telework program), job access projects,’’ after ‘‘reduction’’; 
and 
(B) by adding at the end the following: 
‘‘(C) CONGESTION MANAGEMENT PLAN.—A metropolitan 
planning organization serving a transportation manage-
ment area may develop a plan that includes projects and 
strategies that will be considered in the TIP of such metro-
politan planning organization. Such plan shall— 
‘‘(i) develop regional goals to reduce vehicle miles 
traveled during peak commuting hours and improve 
transportation connections between areas with high 
job concentration and areas with high concentrations 
of low-income households; 
‘‘(ii) identify existing public transportation serv-
ices, employer-based commuter programs, and other 
existing transportation services that support access to 
jobs in the region; and 
‘‘(iii) identify proposed projects and programs to 
reduce congestion and increase job access opportuni-
ties. 
‘‘(D) PARTICIPATION.—In developing the plan under 
subparagraph (C), a metropolitan planning organization 
shall consult with employers, private and nonprofit pro-
viders of public transportation, transportation management 
organizations, and organizations that provide job access 
reverse commute projects or job-related services to low- 
income individuals.’’; 
(9) in subsection (l)— 
(A) by adding a period at the end of paragraph (1); 
and 
(B) in paragraph (2)(D) by striking ‘‘of less than 
200,000’’ and inserting ‘‘with a population of 200,000 or 
less’’; 
(10) in subsection (n)(1) by inserting ‘‘49’’ after ‘‘chapter 
53 of title’’; 
(11) in subsection (p) by striking ‘‘Funds set aside under 
section 104(f)’’ and inserting ‘‘Funds apportioned under para-
graphs (5)(D) and (6) of section 104(b)’’; and 
(12) by adding at the end the following: 
‘‘(r) BI-STATE METROPOLITAN PLANNING ORGANIZATION.— 
‘‘(1) DEFINITION
OF
BI-STATE
MPO
REGION.—In this sub-
section, the term ‘Bi-State MPO Region’ has the meaning given 
the term ‘region’ in subsection (a) of Article II of the Lake 
Tahoe Regional Planning Compact (Public Law 96–551; 94 Stat. 
3234). 
‘‘(2) TREATMENT.—For the purpose of this title, the Bi- 
State MPO Region shall be treated as— 
‘‘(A) a metropolitan planning organization; 
‘‘(B) a transportation management area under sub-
section (k); and
H. R. 22—63 
‘‘(C) an urbanized area, which is comprised of a popu-
lation of 145,000 in the State of California and a population 
of 65,000 in the State of Nevada. 
‘‘(3) SUBALLOCATED FUNDING.— 
‘‘(A) PLANNING.—In determining the amounts under 
subparagraph (A) of section 133(d)(1) that shall be obligated 
for a fiscal year in the States of California and Nevada 
under clauses (i), (ii), and (iii) of that subparagraph, the 
Secretary shall, for each of those States— 
‘‘(i) calculate the population under each of those 
clauses; 
‘‘(ii) 
decrease 
the 
amount 
under 
section 
133(d)(1)(A)(iii) by the population specified in para-
graph (2) of this subsection for the Bi-State MPO 
Region in that State; and 
‘‘(iii) 
increase 
the 
amount 
under 
section 
133(d)(1)(A)(i) by the population specified in paragraph 
(2) of this subsection for the Bi-State MPO Region 
in that State. 
‘‘(B) STBGP SET ASIDE.—In determining the amounts 
under paragraph (2) of section 133(h) that shall be obligated 
for a fiscal year in the States of California and Nevada, 
the Secretary shall, for the purpose of that subsection, 
calculate the populations for each of those States in a 
manner consistent with subparagraph (A).’’. 
SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION 
PLANNING. 
Section 135 of title 23, United States Code, is amended— 
(1) in subsection (a)(2) by striking ‘‘and bicycle transpor-
tation facilities’’ and inserting, ‘‘, bicycle transportation facili-
ties, and intermodal facilities that support intercity transpor-
tation, including intercity buses and intercity bus facilities and 
commuter van pool providers’’; 
(2) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (G) by striking ‘‘and’’ at the 
end; 
(ii) in subparagraph (H) by striking the period 
at the end and inserting a semicolon; and 
(iii) by adding at the end the following: 
‘‘(I) improve the resiliency and reliability of the 
transportation system and reduce or mitigate stormwater 
impacts of surface transportation; and 
‘‘(J) enhance travel and tourism.’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A) by striking ‘‘and in section 
5301(c) of title 49’’ and inserting ‘‘and the general 
purposes described in section 5301 of title 49’’; 
(ii) in subparagraph (B)(ii) by striking ‘‘urbanized’’; 
and 
(iii) in subparagraph (C) by striking ‘‘urbanized’’; 
(3) in subsection (f)— 
(A) in paragraph (3)(A)(ii)— 
(i) by inserting ‘‘public ports,’’ before ‘‘freight ship-
pers,’’; and
H. R. 22—64 
(ii) by inserting ‘‘(including intercity bus operators, 
employer-based commuting programs, such as a carpool 
program, vanpool program, transit benefit program, 
parking 
cash-out 
program, 
shuttle 
program, 
or 
telework program)’’ after ‘‘private providers of transpor-
tation’’; and 
(B) in paragraph (7), in the matter preceding subpara-
graph (A), by striking ‘‘should’’ and inserting ‘‘shall’’; and 
(C) in paragraph (8), by inserting ‘‘, including consider-
ation of the role that intercity buses may play in reducing 
congestion, pollution, and energy consumption in a cost- 
effective manner and strategies and investments that pre-
serve and enhance intercity bus systems, including systems 
that are privately owned and operated’’ before the period 
at the end; and 
(4) in subsection (g)(3)— 
(A) by inserting ‘‘public ports,’’ before ‘‘freight ship-
pers’’; and 
(B) by inserting ‘‘(including intercity bus operators),’’ 
after ‘‘private providers of transportation’’. 
Subtitle C—Acceleration of Project 
Delivery 
SEC. 1301. SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC 
SITES. 
(a) HIGHWAYS.—Section 138 of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘(c) SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC 
SITES.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) align, to the maximum extent practicable, with 
the requirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) and section 306108 
of title 54, including implementing regulations; and 
‘‘(B) not later than 90 days after the date of enactment 
of this subsection, coordinate with the Secretary of the 
Interior and the Executive Director of the Advisory Council 
on Historic Preservation (referred to in this subsection 
as the ‘Council’) to establish procedures to satisfy the 
requirements described in subparagraph (A) (including 
regulations). 
‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 
‘‘(A) IN GENERAL.—If, in an analysis required under 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), the Secretary determines that there is no 
feasible or prudent alternative to avoid use of a historic 
site, the Secretary may— 
‘‘(i) include the determination of the Secretary in 
the analysis required under that Act; 
‘‘(ii) provide a notice of the determination to— 
‘‘(I) each applicable State historic preservation 
officer and tribal historic preservation officer; 
‘‘(II) the Council, if the Council is participating 
in the consultation process under section 306108 
of title 54; and
H. R. 22—65 
‘‘(III) the Secretary of the Interior; and 
‘‘(iii) request from the applicable preservation 
officer, the Council, and the Secretary of the Interior 
a concurrence that the determination is sufficient to 
satisfy subsection (a)(1). 
‘‘(B) CONCURRENCE.—If the applicable preservation 
officer, the Council, and the Secretary of the Interior each 
provide a concurrence requested under subparagraph 
(A)(iii), no further analysis under subsection (a)(1) shall 
be required. 
‘‘(C) PUBLICATION.—A notice of a determination, 
together with each relevant concurrence to that determina-
tion, under subparagraph (A) shall— 
‘‘(i) be included in the record of decision or finding 
of no significant impact of the Secretary; and 
‘‘(ii) be posted on an appropriate Federal website 
by not later than 3 days after the date of receipt 
by the Secretary of all concurrences requested under 
subparagraph (A)(iii). 
‘‘(3) ALIGNING HISTORICAL REVIEWS.— 
‘‘(A) IN
GENERAL.—If the Secretary, the applicable 
preservation officer, the Council, and the Secretary of the 
Interior concur that no feasible and prudent alternative 
exists as described in paragraph (2), the Secretary may 
provide to the applicable preservation officer, the Council, 
and the Secretary of the Interior notice of the intent of 
the Secretary to satisfy subsection (a)(2) through the con-
sultation requirements of section 306108 of title 54. 
‘‘(B) SATISFACTION
OF
CONDITIONS.—To satisfy sub-
section (a)(2), each individual described in paragraph 
(2)(A)(ii) shall concur in the treatment of the applicable 
historic site described in the memorandum of agreement 
or programmatic agreement developed under section 
306108 of title 54.’’. 
(b) PUBLIC TRANSPORTATION.—Section 303 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘(e) SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC 
SITES.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) align, to the maximum extent practicable, the 
requirements of this section with the requirements of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) and section 306108 of title 54, including imple-
menting regulations; and 
‘‘(B) not later than 90 days after the date of enactment 
of this subsection, coordinate with the Secretary of the 
Interior and the Executive Director of the Advisory Council 
on Historic Preservation (referred to in this subsection 
as the ‘Council’) to establish procedures to satisfy the 
requirements described in subparagraph (A) (including 
regulations). 
‘‘(2) AVOIDANCE ALTERNATIVE ANALYSIS.— 
‘‘(A) IN GENERAL.—If, in an analysis required under 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), the Secretary determines that there is no 
feasible or prudent alternative to avoid use of a historic 
site, the Secretary may—
H. R. 22—66 
‘‘(i) include the determination of the Secretary in 
the analysis required under that Act; 
‘‘(ii) provide a notice of the determination to— 
‘‘(I) each applicable State historic preservation 
officer and tribal historic preservation officer; 
‘‘(II) the Council, if the Council is participating 
in the consultation process under section 306108 
of title 54; and 
‘‘(III) the Secretary of the Interior; and 
‘‘(iii) request from the applicable preservation 
officer, the Council, and the Secretary of the Interior 
a concurrence that the determination is sufficient to 
satisfy subsection (c)(1). 
‘‘(B) CONCURRENCE.—If the applicable preservation 
officer, the Council, and the Secretary of the Interior each 
provide a concurrence requested under subparagraph 
(A)(iii), no further analysis under subsection (c)(1) shall 
be required. 
‘‘(C) PUBLICATION.—A notice of a determination, 
together with each relevant concurrence to that determina-
tion, under subparagraph (A) shall— 
‘‘(i) be included in the record of decision or finding 
of no significant impact of the Secretary; and 
‘‘(ii) be posted on an appropriate Federal website 
by not later than 3 days after the date of receipt 
by the Secretary of all concurrences requested under 
subparagraph (A)(iii). 
‘‘(3) ALIGNING HISTORICAL REVIEWS.— 
‘‘(A) IN
GENERAL.—If the Secretary, the applicable 
preservation officer, the Council, and the Secretary of the 
Interior concur that no feasible and prudent alternative 
exists as described in paragraph (2), the Secretary may 
provide to the applicable preservation officer, the Council, 
and the Secretary of the Interior notice of the intent of 
the Secretary to satisfy subsection (c)(2) through the con-
sultation requirements of section 306108 of title 54. 
‘‘(B) SATISFACTION
OF
CONDITIONS.—To satisfy sub-
section (c)(2), the applicable preservation officer, the 
Council, and the Secretary of the Interior shall concur 
in the treatment of the applicable historic site described 
in the memorandum of agreement or programmatic agree-
ment developed under section 306108 of title 54.’’. 
SEC. 1302. CLARIFICATION OF TRANSPORTATION ENVIRONMENTAL 
AUTHORITIES. 
(a) TITLE 23 AMENDMENT.—Section 138 of title 23, United 
States Code, as amended by section 1301, is amended by adding 
at the end the following: 
‘‘(d) REFERENCES TO PAST TRANSPORTATION ENVIRONMENTAL 
AUTHORITIES.— 
‘‘(1) SECTION 4(F) REQUIREMENTS.—The requirements of this 
section are commonly referred to as section 4(f) requirements 
(see section 4(f) of the Department of Transportation Act (Public 
Law 89–670; 80 Stat. 934) as in effect before the repeal of 
that section). 
‘‘(2) SECTION 106 REQUIREMENTS.—The requirements of sec-
tion 306108 of title 54 are commonly referred to as section
H. R. 22—67 
106 requirements (see section 106 of the National Historic 
Preservation Act of 1966 (Public Law 89–665; 80 Stat. 917) 
as in effect before the repeal of that section).’’. 
(b) TITLE 49 AMENDMENT.—Section 303 of title 49, United 
States Code, as amended by section 1301, is amended by adding 
at the end the following: 
‘‘(f) REFERENCES
TO PAST TRANSPORTATION ENVIRONMENTAL 
AUTHORITIES.— 
‘‘(1) SECTION 4(F) REQUIREMENTS.—The requirements of this 
section are commonly referred to as section 4(f) requirements 
(see section 4(f) of the Department of Transportation Act (Public 
Law 89–670; 80 Stat. 934) as in effect before the repeal of 
that section). 
‘‘(2) SECTION 106 REQUIREMENTS.—The requirements of sec-
tion 306108 of title 54 are commonly referred to as section 
106 requirements (see section 106 of the National Historic 
Preservation Act of 1966 (Public Law 89–665; 80 Stat. 917) 
as in effect before the repeal of that section).’’. 
SEC. 1303. TREATMENT OF CERTAIN BRIDGES UNDER PRESERVATION 
REQUIREMENTS. 
(a) PRESERVATION
OF PARKLANDS.—Section 138 of title 23, 
United States Code, as amended by section 1302, is amended by 
adding at the end the following: 
‘‘(e) BRIDGE EXEMPTION FROM CONSIDERATION.—A common 
post-1945 concrete or steel bridge or culvert (as described in 77 
Fed. Reg. 68790) that is exempt from individual review under 
section 306108 of title 54 shall be exempt from consideration under 
this section.’’. 
(b) POLICY ON LANDS, WILDLIFE AND WATERFOWL REFUGES, 
AND HISTORIC SITES.—Section 303 of title 49, United States Code, 
as amended by section 1302, is amended by adding at the end 
the following: 
‘‘(g) BRIDGE EXEMPTION FROM CONSIDERATION.—A common 
post-1945 concrete or steel bridge or culvert (as described in 77 
Fed. Reg. 68790) that is exempt from individual review under 
section 306108 of title 54 shall be exempt from consideration under 
this section.’’. 
SEC. 1304. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT 
DECISIONMAKING. 
(a) DEFINITIONS.—Section 139(a) of title 23, United States Code, 
is amended— 
(1) by striking paragraph (5) and inserting the following: 
‘‘(5) MULTIMODAL PROJECT.—The term ‘multimodal project’ 
means a project that requires the approval of more than 1 
Department of Transportation operating administration or sec-
retarial office.’’; and 
(2) by striking paragraph (6) and inserting the following: 
‘‘(6) PROJECT.— 
‘‘(A) IN GENERAL.—The term ‘project’ means any high-
way project, public transportation capital project, or 
multimodal project that, if implemented as proposed by 
the project sponsor, would require approval by any oper-
ating administration or secretarial office within the Depart-
ment of Transportation. 
‘‘(B) CONSIDERATIONS.—In determining whether a 
project is a project under subparagraph (A), the Secretary
H. R. 22—68 
shall take into account, if known, any sources of Federal 
funding or financing identified by the project sponsor, 
including any discretionary grant, loan, and loan guarantee 
programs administered by the Department of Transpor-
tation.’’. 
(b) APPLICABILITY.—Section 139(b)(3) of title 23, United States 
Code, is amended— 
(1) in subparagraph (A) in the matter preceding clause 
(i) by striking ‘‘initiate a rulemaking to’’; and 
(2) by striking subparagraph (B) and inserting the fol-
lowing: 
‘‘(B) REQUIREMENTS.—In carrying out subparagraph 
(A), the Secretary shall ensure that programmatic 
reviews— 
‘‘(i) promote transparency, including the trans-
parency of— 
‘‘(I) the analyses and data used in the environ-
mental reviews; 
‘‘(II) the treatment of any deferred issues 
raised by agencies or the public; and 
‘‘(III) the temporal and spatial scales to be 
used to analyze issues under subclauses (I) and 
(II); 
‘‘(ii) use accurate and timely information, including 
through establishment of— 
‘‘(I) criteria for determining the general dura-
tion of the usefulness of the review; and 
‘‘(II) a timeline for updating an out-of-date 
review; 
‘‘(iii) describe— 
‘‘(I) 
the 
relationship 
between 
any 
pro-
grammatic analysis and future tiered analysis; and 
‘‘(II) the role of the public in the creation of 
future tiered analysis; 
‘‘(iv) are available to other relevant Federal and 
State agencies, Indian tribes, and the public; and 
‘‘(v) provide notice and public comment opportuni-
ties consistent with applicable requirements.’’. 
(c) FEDERAL LEAD AGENCY.—Section 139(c) of title 23, United 
States Code, is amended— 
(1) in paragraph (1)(A) by inserting ‘‘, or an operating 
administration thereof designated by the Secretary,’’ after 
‘‘Department of Transportation’’; and 
(2) in paragraph (6)— 
(A) in subparagraph (A) by striking ‘‘and’’ at the end; 
(B) in subparagraph (B) by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) to consider and respond to comments received 
from participating agencies on matters within the special 
expertise or jurisdiction of those agencies.’’. 
(d) PARTICIPATING AGENCIES.— 
(1) INVITATION.—Section 139(d)(2) of title 23, United States 
Code, is amended by striking ‘‘The lead agency shall identify, 
as early as practicable in the environmental review process 
for a project,’’ and inserting ‘‘Not later than 45 days after 
the date of publication of a notice of intent to prepare an
H. R. 22—69 
environmental impact statement or the initiation of an environ-
mental assessment, the lead agency shall identify’’. 
(2) SINGLE NEPA DOCUMENT.—Section 139(d) of title 23, 
United States Code, is amended by adding at the end the 
following: 
‘‘(8) SINGLE NEPA DOCUMENT.— 
‘‘(A) IN GENERAL.—Except as inconsistent with para-
graph (7), to the maximum extent practicable and con-
sistent with Federal law, all Federal permits and reviews 
for a project shall rely on a single environment document 
prepared under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) under the leadership of the 
lead agency. 
‘‘(B) USE OF DOCUMENT.— 
‘‘(i) IN GENERAL.—To the maximum extent prac-
ticable, the lead agency shall develop an environmental 
document sufficient to satisfy the requirements for any 
Federal approval or other Federal action required for 
the project, including permits issued by other Federal 
agencies. 
‘‘(ii) COOPERATION OF PARTICIPATING AGENCIES.— 
Other participating agencies shall cooperate with the 
lead agency and provide timely information to help 
the lead agency carry out this subparagraph. 
‘‘(C) TREATMENT AS PARTICIPATING AND COOPERATING 
AGENCIES.—A Federal agency required to make an approval 
or take an action for a project, as described in subparagraph 
(B), shall work with the lead agency for the project to 
ensure that the agency making the approval or taking 
the action is treated as being both a participating and 
cooperating agency for the project. 
‘‘(9) PARTICIPATING AGENCY RESPONSIBILITIES.—An agency 
participating in the environmental review process under this 
section shall— 
‘‘(A) provide comments, responses, studies, or meth-
odologies on those areas within the special expertise or 
jurisdiction of the agency; and 
‘‘(B) use the process to address any environmental 
issues of concern to the agency.’’. 
(e) PROJECT INITIATION.—Section 139(e) of title 23, United 
States Code, is amended— 
(1) in paragraph (1) by inserting ‘‘(including any additional 
information that the project sponsor considers to be important 
to initiate the process for the proposed project)’’ after ‘‘general 
location of the proposed project’’; and 
(2) by adding at the end the following: 
‘‘(3) REVIEW OF APPLICATION.—Not later than 45 days after 
the date on which the Secretary receives notification under 
paragraph (1), the Secretary shall provide to the project sponsor 
a written response that, as applicable— 
‘‘(A) describes the determination of the Secretary— 
‘‘(i) to initiate the environmental review process, 
including a timeline and an expected date for the 
publication in the Federal Register of the relevant 
notice of intent; or 
‘‘(ii) to decline the application, including an expla-
nation of the reasons for that decision; or
H. R. 22—70 
‘‘(B) requests additional information, and provides to 
the project sponsor an accounting regarding what docu-
mentation is necessary to initiate the environmental review 
process. 
‘‘(4) REQUEST TO DESIGNATE A LEAD AGENCY.— 
‘‘(A) IN
GENERAL.—Any project sponsor may submit 
to the Secretary a request to designate the operating 
administration or secretarial office within the Department 
of Transportation with the expertise on the proposed project 
to serve as the Federal lead agency for the project. 
‘‘(B) SECRETARIAL ACTION.— 
‘‘(i) IN
GENERAL.—If the Secretary receives a 
request under subparagraph (A), the Secretary shall 
respond to the request not later than 45 days after 
the date of receipt. 
‘‘(ii) REQUIREMENTS.—The response under clause 
(i) shall— 
‘‘(I) approve the request; 
‘‘(II) deny the request, with an explanation 
of the reasons for the denial; or 
‘‘(III) require the submission of additional 
information. 
‘‘(iii) 
ADDITIONAL
INFORMATION.—If 
additional 
information is submitted in accordance with clause 
(ii)(III), the Secretary shall respond to the submission 
not later than 45 days after the date of receipt. 
‘‘(5) ENVIRONMENTAL CHECKLIST.— 
‘‘(A) DEVELOPMENT.—The lead agency for a project, 
in consultation with participating agencies, shall develop, 
as appropriate, a checklist to help project sponsors identify 
potential natural, cultural, and historic resources in the 
area of the project. 
‘‘(B) PURPOSE.—The purposes of the checklist are— 
‘‘(i) to identify agencies and organizations that can 
provide information about natural, cultural, and his-
toric resources; 
‘‘(ii) to develop the information needed to deter-
mine the range of alternatives; and 
‘‘(iii) to improve interagency collaboration to help 
expedite the permitting process for the lead agency 
and participating agencies.’’. 
(f) PURPOSE AND NEED.—Section 139(f) of title 23, United States 
Code, is amended— 
(1) in the subsection heading by inserting ‘‘; ALTERNATIVES 
ANALYSIS’’ after ‘‘NEED’’; and 
(2) in paragraph (4)— 
(A) by striking subparagraph (A) and inserting the 
following: 
‘‘(A) PARTICIPATION.— 
‘‘(i) IN GENERAL.—As early as practicable during 
the environmental review process, the lead agency 
shall provide an opportunity for involvement by partici-
pating agencies and the public in determining the 
range of alternatives to be considered for a project. 
‘‘(ii) COMMENTS OF PARTICIPATING AGENCIES.—To 
the maximum extent practicable and consistent with 
applicable law, each participating agency receiving an
H. R. 22—71 
opportunity for involvement under clause (i) shall limit 
the comments of the agency to subject matter areas 
within the special expertise or jurisdiction of the 
agency. 
‘‘(iii) EFFECT
OF
NONPARTICIPATION.—A partici-
pating agency that declines to participate in the 
development of the purpose and need and range of 
alternatives for a project shall be required to comply 
with 
the 
schedule 
developed 
under 
subsection 
(g)(1)(B).’’; 
(B) in subparagraph (B)— 
(i) by striking ‘‘Following participation under para-
graph (1)’’ and inserting the following: 
‘‘(i) 
DETERMINATION.—Following 
participation 
under subparagraph (A)’’; and 
(ii) by adding at the end the following: 
‘‘(ii) USE.—To the maximum extent practicable and 
consistent with Federal law, the range of alternatives 
determined for a project under clause (i) shall be used 
for all Federal environmental reviews and permit proc-
esses required for the project unless the alternatives 
must be modified— 
‘‘(I) to address significant new information or 
circumstances, and the lead agency and partici-
pating agencies agree that the alternatives must 
be modified to address the new information or 
circumstances; or 
‘‘(II) for the lead agency or a participating 
agency to fulfill the responsibilities of the agency 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) in a timely manner.’’; 
and 
(C) by adding at the end the following: 
‘‘(E) REDUCTION OF DUPLICATION.— 
‘‘(i) IN GENERAL.—In carrying out this paragraph, 
the lead agency shall reduce duplication, to the max-
imum extent practicable, between— 
‘‘(I) the evaluation of alternatives under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); and 
‘‘(II) the evaluation of alternatives in the 
metropolitan 
transportation 
planning 
process 
under section 134 or an environmental review 
process carried out under State law (referred to 
in this subparagraph as a ‘State environmental 
review process’). 
‘‘(ii) CONSIDERATION OF ALTERNATIVES.—The lead 
agency may eliminate from detailed consideration an 
alternative proposed in an environmental impact state-
ment regarding a project if, as determined by the lead 
agency— 
‘‘(I) the alternative was considered in a metro-
politan planning process or a State environmental 
review 
process 
by 
a 
metropolitan 
planning 
organization or a State or local transportation 
agency, as applicable;
H. R. 22—72 
‘‘(II) the lead agency provided guidance to the 
metropolitan planning organization or State or 
local 
transportation 
agency, 
as 
applicable, 
regarding analysis of alternatives in the metropoli-
tan planning process or State environmental 
review process, including guidance on the require-
ments of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) and any other 
Federal law necessary for approval of the project; 
‘‘(III) the applicable metropolitan planning 
process or State environmental review process 
included an opportunity for public review and com-
ment; 
‘‘(IV) the applicable metropolitan planning 
organization or State or local transportation 
agency rejected the alternative after considering 
public comments; 
‘‘(V) the Federal lead agency independently 
reviewed the alternative evaluation approved by 
the applicable metropolitan planning organization 
or State or local transportation agency; and 
‘‘(VI) the Federal lead agency determined— 
‘‘(aa) in consultation with Federal partici-
pating or cooperating agencies, that the alter-
native to be eliminated from consideration is 
not necessary for compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.); or 
‘‘(bb) with the concurrence of Federal 
agencies with jurisdiction over a permit or 
approval required for a project, that the alter-
native to be eliminated from consideration is 
not necessary for any permit or approval under 
any other Federal law.’’. 
(g) COORDINATION AND SCHEDULING.— 
(1) COORDINATION
PLAN.—Section 139(g)(1) of title 23, 
United States Code, is amended— 
(A) in subparagraph (A) by striking ‘‘The lead agency’’ 
and inserting ‘‘Not later than 90 days after the date of 
publication of a notice of intent to prepare an environ-
mental impact statement or the initiation of an environ-
mental assessment, the lead agency’’; and 
(B) in subparagraph (B)(i) by striking ‘‘may establish 
as part of the coordination plan’’ and inserting ‘‘shall estab-
lish as part of such coordination plan’’. 
(2) DEADLINES FOR DECISIONS UNDER OTHER LAWS.—Section 
139(g)(3) of title 23, United States Code, is amended in the 
matter preceding subparagraph (A) by inserting ‘‘and publish 
on the Internet’’ after ‘‘House of Representatives’’. 
(h) ISSUE IDENTIFICATION AND RESOLUTION.— 
(1) ISSUE RESOLUTION.—Section 139(h) of title 23, United 
States Code, is amended— 
(A) by redesignating paragraphs (4) through (7) as 
paragraphs (5) through (8), respectively; and 
(B) by inserting after paragraph (3) the following: 
‘‘(4) ISSUE RESOLUTION.—Any issue resolved by the lead 
agency with the concurrence of participating agencies may not
H. R. 22—73 
be reconsidered unless significant new information or cir-
cumstances arise.’’. 
(2) FAILURE TO ASSURE.—Section 139(h)(5)(C) of title 23, 
United States Code (as redesignated by paragraph (1)(A)), is 
amended by striking ‘‘paragraph (5) and’’ and inserting ‘‘para-
graph (6)’’. 
(3) FINANCIAL PENALTY PROVISIONS.—Section 139(h)(7)(B) 
of title 23, United States Code (as redesignated by paragraph 
(1)(A)), is amended— 
(A) in clause (i)(I) by striking ‘‘under section 106(i) 
is required’’ and inserting ‘‘is required under subsection 
(h) or (i) of section 106’’; and 
(B) by striking clause (ii) and inserting the following: 
‘‘(ii) DESCRIPTION OF DATE.—The date referred to 
in clause (i) is— 
‘‘(I) the date that is 30 days after the date 
for rendering a decision as described in the project 
schedule 
established 
pursuant 
to 
subsection 
(g)(1)(B); 
‘‘(II) if no schedule exists, the later of— 
‘‘(aa) the date that is 180 days after the 
date on which an application for the permit, 
license, or approval is complete; and 
‘‘(bb) the date that is 180 days after the 
date on which the Federal lead agency issues 
a decision on the project under the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.); or 
‘‘(III) a modified date in accordance with sub-
section (g)(1)(D).’’. 
(i) ASSISTANCE TO AFFECTED STATE AND FEDERAL AGENCIES.— 
(1) IN GENERAL.—Section 139(j) of title 23, United States 
Code, is amended by striking paragraph (1) and inserting the 
following: 
‘‘(1) IN GENERAL.— 
‘‘(A) AUTHORITY
TO
PROVIDE
FUNDS.—The Secretary 
may allow a public entity receiving financial assistance 
from the Department of Transportation under this title 
or chapter 53 of title 49 to provide funds to Federal agencies 
(including the Department), State agencies, and Indian 
tribes participating in the environmental review process 
for the project or program. 
‘‘(B) USE OF FUNDS.—Funds referred to in subpara-
graph (A) may be provided only to support activities that 
directly and meaningfully contribute to expediting and 
improving permitting and review processes, including plan-
ning, approval, and consultation processes for the project 
or program.’’. 
(2) ACTIVITIES
ELIGIBLE
FOR
FUNDING.—Section 139(j)(2) 
of title 23, United States Code, is amended by inserting ‘‘activi-
ties directly related to the environmental review process,’’ before 
‘‘dedicated staffing,’’. 
(3) AGREEMENT.—Section 139(j) of title 23, United States 
Code, is amended by striking paragraph (6) and inserting the 
following: 
‘‘(6) AGREEMENT.—Prior to providing funds approved by 
the Secretary for dedicated staffing at an affected agency under