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‘‘(bb) species identified by 
States as species of greatest con-
servation need; 
‘‘(cc) species identified in 
State wildlife plans; and 
‘‘(dd) medium and small ter-
restrial and aquatic species; 
‘‘(ii) an economic evaluation of the 
costs and benefits of installing highway in-
frastructure and other measures to mitigate 
damage to terrestrial and aquatic species, 
including the effect on jobs, property values, 
and economic growth to society, adjacent 
communities, and landowners; 
‘‘(iii) recommendations for preventing 
wildlife-vehicle collisions, including rec-
ommended best practices, funding resources, 
or other recommendations for addressing 
wildlife-vehicle collisions; and 
‘‘(iv) guidance, developed in consulta-
tion with Federal land management agen-
cies and State departments of transpor-
tation, State fish and wildlife agencies, and 
Tribal governments that agree to partici-
pate, for developing, for each State that
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agrees to participate, a voluntary joint 
statewide transportation and wildlife action 
plan— 
‘‘(I) to address wildlife-vehicle col-
lisions; and 
‘‘(II) 
to 
improve 
habitat 
connectivity for terrestrial and aquatic 
species. 
‘‘(b) WORKFORCE DEVELOPMENT
AND TECHNICAL 
TRAINING.— 
‘‘(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of the Surface Transportation 
Reauthorization Act of 2021, the Secretary shall, 
based on the study conducted under subsection (a), de-
velop a series of in-person and online workforce devel-
opment and technical training courses— 
‘‘(A) to reduce wildlife-vehicle collisions; 
and 
‘‘(B) to improve habitat connectivity for 
terrestrial and aquatic species. 
‘‘(2) AVAILABILITY.—The Secretary shall— 
‘‘(A) make the series of courses developed 
under paragraph (1) available for transportation 
and fish and wildlife professionals; and
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‘‘(B) update the series of courses not less fre-
quently than once every 2 years. 
‘‘(c) STANDARDIZATION OF WILDLIFE COLLISION AND 
CARCASS DATA.— 
‘‘(1) STANDARDIZED METHODOLOGY.— 
‘‘(A) IN GENERAL.—The Secretary, acting 
through the Administrator of the Federal High-
way Administration (referred to in this sub-
section as the ‘Secretary’), shall develop a qual-
ity standardized methodology for collecting and 
reporting spatially accurate wildlife collision 
and carcass data for the National Highway Sys-
tem, considering the practicability of the method-
ology with respect to technology and cost. 
‘‘(B) METHODOLOGY.—In developing the 
standardized methodology under subparagraph 
(A), the Secretary shall— 
‘‘(i) survey existing methodologies and 
sources of data collection, including the Fa-
tality Analysis Reporting System, the Gen-
eral Estimates System of the National Auto-
motive Sampling System, and the Highway 
Safety Information System; and
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‘‘(ii) to the extent practicable, identify 
and correct limitations of those existing 
methodologies and sources of data collection. 
‘‘(C) CONSULTATION.—In developing the 
standardized methodology under subparagraph 
(A), the Secretary shall consult with— 
‘‘(i) the Secretary of the Interior; 
‘‘(ii) the Secretary of Agriculture, act-
ing through the Chief of the Forest Service; 
‘‘(iii) Tribal, State, and local trans-
portation and wildlife authorities; 
‘‘(iv) metropolitan planning organiza-
tions (as defined in section 134(b)); 
‘‘(v) members of the American Associa-
tion of State Highway Transportation Offi-
cials; 
‘‘(vi) members of the Association of 
Fish and Wildlife Agencies; 
‘‘(vii) experts in the field of wildlife-ve-
hicle collisions; 
‘‘(viii) nongovernmental organizations; 
and 
‘‘(ix) other interested stakeholders, as 
appropriate.
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‘‘(2) STANDARDIZED
NATIONAL
DATA
SYSTEM 
WITH VOLUNTARY TEMPLATE IMPLEMENTATION.—The 
Secretary shall— 
‘‘(A) develop a template for State imple-
mentation of a standardized national wildlife 
collision and carcass data system for the Na-
tional Highway System that is based on the 
standardized methodology developed under para-
graph (1); and 
‘‘(B) encourage the voluntary implementa-
tion of the template developed under subpara-
graph (A). 
‘‘(3) REPORTS.— 
‘‘(A) METHODOLOGY.—The Secretary shall 
submit to Congress a report describing the stand-
ardized methodology developed under paragraph 
(1) not later than the later of— 
‘‘(i) the date that is 18 months after 
the date of enactment of the Surface Trans-
portation Reauthorization Act of 2021; and 
‘‘(ii) the date that is 180 days after the 
date on which the Secretary completes the 
development of the standardized method-
ology.
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‘‘(B) IMPLEMENTATION.—Not later than 4 
years after the date of enactment of the Surface 
Transportation Reauthorization Act of 2021, the 
Secretary shall submit to Congress a report de-
scribing— 
‘‘(i) the status of the voluntary imple-
mentation of the standardized methodology 
developed under paragraph (1) and the tem-
plate developed under paragraph (2)(A); 
‘‘(ii) whether the implementation of the 
standardized methodology developed under 
paragraph (1) and the template developed 
under paragraph (2)(A) has impacted ef-
forts by States, units of local government, 
and other entities— 
‘‘(I) to reduce the number of wild-
life-vehicle collisions; and 
‘‘(II) 
to 
improve 
habitat 
connectivity; 
‘‘(iii) the degree of the impact de-
scribed in clause (ii); and 
‘‘(iv) the recommendations of the Sec-
retary, including recommendations for fur-
ther study aimed at reducing motorist colli-
sions involving wildlife and improving
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habitat connectivity for terrestrial and 
aquatic species on the National Highway 
System, if any. 
‘‘(d) NATIONAL THRESHOLD GUIDANCE.—The Sec-
retary shall— 
‘‘(1) establish guidance, to be carried out by 
States on a voluntary basis, that contains a threshold 
for determining whether a highway shall be evaluated 
for potential mitigation measures to reduce wildlife- 
vehicle collisions and increase habitat connectivity for 
terrestrial and aquatic species, taking into consider-
ation— 
‘‘(A) the number of wildlife-vehicle collisions 
on the highway that pose a human safety risk; 
‘‘(B) highway-related mortality and the ef-
fects of traffic on the highway on— 
‘‘(i) species listed as endangered species 
or threatened species under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et 
seq.); 
‘‘(ii) species identified by a State as 
species of greatest conservation need; 
‘‘(iii) species identified in State wild-
life plans; and
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‘‘(iv) medium and small terrestrial 
and aquatic species; and 
‘‘(C) habitat connectivity values for terres-
trial and aquatic species and the barrier effect of 
the highway on the movements and migrations of 
those species.’’. 
(2) CLERICAL
AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code (as amended 
by subsection (b)(2)) is amended by inserting after 
the item relating to section 171 the following: 
‘‘172. Wildlife-vehicle collision reduction and habitat connectivity improvement.’’. 
(d) 
WILDLIFE
CROSSINGS
STANDARDS.—Section 
109(c)(2) of title 23, United States Code, is amended— 
(1) in subparagraph (E), by striking ‘‘and’’ at 
the end; 
(2) by redesignating subparagraph (F) as sub-
paragraph (G); and 
(3) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) the publication of the Federal High-
way Administration entitled ‘Wildlife Crossing 
Structure Handbook: Design and Evaluation in 
North America’ and dated March 2011; and’’. 
(e) WILDLIFE HABITAT CONNECTIVITY AND NATIONAL 
BRIDGE AND TUNNEL INVENTORY AND INSPECTION STAND-
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ARDS.—Section 144 of title 23, United States Code, is 
amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (B), by inserting ‘‘, re-
silience,’’ after ‘‘safety’’; 
(B) in subparagraph (D), by striking ‘‘and’’ 
at the end; 
(C) in subparagraph (E), by striking the 
period at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(F) to ensure adequate passage of aquatic 
and terrestrial species, where appropriate.’’; 
(2) in subsection (b)— 
(A) in paragraph (4), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (5), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(6) determine if the replacement or rehabilita-
tion of bridges and tunnels should include measures 
to enable safe and unimpeded movement for terres-
trial and aquatic species.’’; and 
(3) in subsection (i), by adding at the end the 
following:
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‘‘(3) REQUIREMENT.—The first revision under 
paragraph (2) after the date of enactment of the Sur-
face Transportation Reauthorization Act of 2021 shall 
include techniques to assess passage of aquatic and 
terrestrial species and habitat restoration potential.’’. 
SEC. 11124. CONSOLIDATION OF PROGRAMS. 
Section 1519(a) of MAP–21 (Public Law 112–141; 126 
Stat. 574; 129 Stat. 1423) is amended, in the matter pre-
ceding paragraph (1), by striking ‘‘fiscal years 2016 
through 2020’’ and inserting ‘‘fiscal years 2022 through 
2026’’. 
SEC. 11125. GAO REPORT. 
(a) IN GENERAL.—Section 1433 of the FAST Act (23 
U.S.C. 101 note; Public Law 114–94) is repealed. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the FAST Act (Public Law 114–94; 129 Stat. 
1312) is amended by striking the item relating to section 
1433. 
SEC. 11126. TERRITORIAL AND PUERTO RICO HIGHWAY 
PROGRAM. 
Section 165 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a), by striking paragraphs (1) 
and (2) and inserting the following:
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‘‘(1) for the Puerto Rico highway program under 
subsection (b)— 
‘‘(A) $173,010,000 shall be for fiscal year 
2022; 
‘‘(B) $176,960,000 shall be for fiscal year 
2023; 
‘‘(C) $180,120,000 shall be for fiscal year 
2024; 
‘‘(D) $183,675,000 shall be for fiscal year 
2025; and 
‘‘(E) $187,230,000 shall be for fiscal year 
2026; and 
‘‘(2) for the territorial highway program under 
subsection (c)— 
‘‘(A) $45,990,000 shall be for fiscal year 
2022; 
‘‘(B) $47,040,000 shall be for fiscal year 
2023; 
‘‘(C) $47,880,000 shall be for fiscal year 
2024; 
‘‘(D) $48,825,000 shall be for fiscal year 
2025; and 
‘‘(E) $49,770,000 shall be for fiscal year 
2026.’’;
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† HR 3684 EAS 
(2) in subsection (b)(2)(C)(iii), by inserting 
‘‘and preventative maintenance on the National 
Highway System’’ after ‘‘chapter 1’’; and 
(3) in subsection (c)(7), by striking ‘‘paragraphs 
(1) through (4) of section 133(c) and section 
133(b)(12)’’ and inserting ‘‘paragraphs (1), (2), (3), 
and (5) of section 133(c) and section 133(b)(13)’’. 
SEC. 11127. NATIONALLY SIGNIFICANT FEDERAL LANDS 
AND TRIBAL PROJECTS PROGRAM. 
Section 1123 of the FAST Act (23 U.S.C. 201 note; 
Public Law 114–94) is amended— 
(1) 
in 
subsection 
(c)(3), 
by 
striking 
‘‘$25,000,000’’ and all that follows through the period 
at the end and inserting ‘‘$12,500,000.’’; 
(2) in subsection (g)— 
(A) by striking the subsection designation 
and heading and all that follows through ‘‘The 
Federal’’ in paragraph (1) and inserting the fol-
lowing: 
‘‘(g) COST SHARE.— 
‘‘(1) FEDERAL SHARE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Federal’’; 
(B) in paragraph (1), by adding at the end 
the following:
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‘‘(B) TRIBAL PROJECTS.—In the case of a 
project on a tribal transportation facility (as de-
fined in section 101(a) of title 23, United States 
Code), the Federal share of the cost of the project 
shall be 100 percent.’’; and 
(C) in paragraph (2), by striking ‘‘other 
than those made available under title 23 or title 
49, United States Code,’’; and 
(3) by striking subsection (h) and inserting the 
following: 
‘‘(h) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—For each fiscal year, of the 
amounts made available to carry out this section— 
‘‘(A) 50 percent shall be used for eligible 
projects on Federal lands transportation facili-
ties and Federal lands access transportation fa-
cilities (as those terms are defined in section 
101(a) of title 23, United States Code); and 
‘‘(B) 50 percent shall be used for eligible 
projects on tribal transportation facilities (as de-
fined in section 101(a) of title 23, United States 
Code). 
‘‘(2) REQUIREMENT.—Not less than 1 eligible 
project carried out using the amount described in 
paragraph (1)(A) shall be in a unit of the National
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† HR 3684 EAS 
Park System with not less than 3,000,000 annual 
visitors. 
‘‘(3) AVAILABILITY.—Amounts made available to 
carry out this section shall remain available for a pe-
riod of 3 fiscal years following the fiscal year for 
which the amounts are appropriated.’’. 
SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 
Section 1123(h) of MAP–21 (23 U.S.C. 202 note; Pub-
lic Law 112–141) is amended— 
(1) by redesignating paragraph (2) as para-
graph (3); 
(2) in paragraph (3) (as so redesignated), in the 
matter preceding subparagraph (A), by striking 
‘‘paragraph (1)’’ and inserting ‘‘paragraphs (1) and 
(2)’’; and 
(3) by striking the subsection designation and 
heading and all that follows through the period at the 
end of paragraph (1) and inserting the following: 
‘‘(h) FUNDING.— 
‘‘(1) SET-ASIDE.—For each of fiscal years 2022 
through 2026, of the amounts made available to carry 
out the tribal transportation program under section 
202 of title 23, United States Code, for that fiscal 
year, the Secretary shall use $9,000,000 to carry out 
the program.
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‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to amounts made available under paragraph 
(1), 
there 
is 
authorized 
to 
be 
appropriated 
$30,000,000 out of the general fund of the Treasury 
to carry out the program for each of fiscal years 2022 
through 2026.’’. 
SEC. 11129. STANDARDS. 
Section 109 of title 23, United States Code, is amend-
ed— 
(1) in subsection (d)— 
(A) by striking ‘‘(d) On any’’ and inserting 
the following: 
‘‘(d) MANUAL ON UNIFORM TRAFFIC CONTROL DE-
VICES.— 
‘‘(1) IN GENERAL.—On any’’; 
(B) in paragraph (1) (as so designated), by 
striking ‘‘promote the safe’’ and inserting ‘‘pro-
mote the safety, inclusion, and mobility of all 
users’’; and 
(C) by adding at the end the following: 
‘‘(2) UPDATES.—Not later than 18 months after 
the date of enactment of the Surface Transportation 
Reauthorization Act of 2021 and not less frequently 
than every 4 years thereafter, the Secretary shall up-
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† HR 3684 EAS 
date the Manual on Uniform Traffic Control De-
vices.’’; 
(2) in subsection (o)— 
(A) by striking ‘‘Projects’’ and inserting: 
‘‘(A) IN GENERAL.—Projects’’; and 
(B) by inserting at the end the following: 
‘‘(B) 
LOCAL
JURISDICTIONS.—Notwith-
standing subparagraph (A), a local jurisdiction 
may use a roadway design guide recognized by 
the Federal Highway Administration and adopt-
ed by the local jurisdiction that is different from 
the roadway design guide used by the State in 
which the local jurisdiction is located for the de-
sign of projects on all roadways under the own-
ership of the local jurisdiction (other than a 
highway on the National Highway System) for 
which the local jurisdiction is the project spon-
sor, provided that the design complies with all 
other applicable Federal laws.’’; and 
(3) by adding at the end the following: 
‘‘(s) ELECTRIC VEHICLE CHARGING STATIONS.— 
‘‘(1) STANDARDS.—Electric vehicle charging in-
frastructure installed using funds provided under this 
title shall provide, at a minimum—
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† HR 3684 EAS 
‘‘(A) non-proprietary charging connectors 
that meet applicable industry safety standards; 
and 
‘‘(B) open access to payment methods that 
are available to all members of the public to en-
sure secure, convenient, and equal access to the 
electric vehicle charging infrastructure that shall 
not be limited by membership to a particular 
payment provider. 
‘‘(2) 
TREATMENT
OF
PROJECTS.—Notwith-
standing any other provision of law, a project to in-
stall electric vehicle charging infrastructure using 
funds provided under this title shall be treated as if 
the project is located on a Federal-aid highway.’’. 
SEC. 11130. PUBLIC TRANSPORTATION. 
(a) IN GENERAL.—Section 142(a) of title 23, United 
States Code, is amended by adding at the end the following: 
‘‘(3) BUS
CORRIDORS.—In addition to the 
projects described in paragraphs (1) and (2), the Sec-
retary may approve payment from sums apportioned 
under paragraph (2) or (7) of section 104(b) for car-
rying out a capital project for the construction of a 
bus rapid transit corridor or dedicated bus lanes, in-
cluding the construction or installation of—
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‘‘(A) traffic signaling and prioritization 
systems; 
‘‘(B) redesigned intersections that are nec-
essary for the establishment of a bus rapid tran-
sit corridor; 
‘‘(C) on-street stations; 
‘‘(D) fare collection systems; 
‘‘(E) information and wayfinding systems; 
and 
‘‘(F) depots.’’. 
(b) TECHNICAL CORRECTION.—Section 142 of title 23, 
United States Code, is amended by striking subsection (i). 
SEC. 11131. RESERVATION OF CERTAIN FUNDS. 
(a) 
OPEN
CONTAINER
REQUIREMENTS.—Section 
154(c)(2) of title 23, United States Code, is amended— 
(1) in the paragraph heading, by striking 
‘‘2012’’ and inserting ‘‘2022’’; 
(2) by striking subparagraph (A) and inserting 
the following: 
‘‘(A) RESERVATION OF FUNDS.— 
‘‘(i) IN
GENERAL.—On October 1, 
2021, and each October 1 thereafter, in the 
case of a State described in clause (ii), the 
Secretary shall reserve an amount equal to 
2.5 percent of the funds to be apportioned to
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† HR 3684 EAS 
the State on that date under each of para-
graphs (1) and (2) of section 104(b) until 
the State certifies to the Secretary the 
means by which the State will use those re-
served funds in accordance with subpara-
graphs (A) and (B) of paragraph (1), and 
paragraph (3). 
‘‘(ii) STATES DESCRIBED.—A State re-
ferred to in clause (i) is a State— 
‘‘(I) that has not enacted or is not 
enforcing an open container law de-
scribed in subsection (b); and 
‘‘(II) for which the Secretary de-
termined for the prior fiscal year that 
the State had not enacted or was not 
enforcing an open container law de-
scribed in subsection (b).’’; and 
(3) in subparagraph (B), in the matter pre-
ceding clause (i), by striking ‘‘subparagraph (A)’’ and 
inserting ‘‘subparagraph (A)(i)’’. 
(b) REPEAT INTOXICATED DRIVER LAWS.—Section 
164(b)(2) of title 23, United States Code, is amended— 
(1) in the paragraph heading, by striking 
‘‘2012’’ and inserting ‘‘2022’’;
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(2) by striking subparagraph (A) and inserting 
the following: 
‘‘(A) RESERVATION OF FUNDS.— 
‘‘(i) IN
GENERAL.—On October 1, 
2021, and each October 1 thereafter, in the 
case of a State described in clause (ii), the 
Secretary shall reserve an amount equal to 
2.5 percent of the funds to be apportioned to 
the State on that date under each of para-
graphs (1) and (2) of section 104(b) until 
the State certifies to the Secretary the 
means by which the State will use those re-
served funds in accordance with subpara-
graphs (A) and (B) of paragraph (1), and 
paragraph (3). 
‘‘(ii) STATES DESCRIBED.—A State re-
ferred to in clause (i) is a State— 
‘‘(I) that has not enacted or is not 
enforcing a repeat intoxicated driver 
law; and 
‘‘(II) for which the Secretary de-
termined for the prior fiscal year that 
the State had not enacted or was not 
enforcing a repeat intoxicated driver 
law.’’; and
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(3) in subparagraph (B), in the matter pre-
ceding clause (i), by striking ‘‘subparagraph (A)’’ and 
inserting ‘‘subparagraph (A)(i)’’. 
SEC. 11132. RURAL SURFACE TRANSPORTATION GRANT 
PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United States 
Code (as amended by section 11123(c)(1)), is amended by 
adding at the end the following: 
‘‘§ 173. Rural surface transportation grant program 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) PROGRAM.—The term ‘program’ means the 
program established under subsection (b)(1). 
‘‘(2) RURAL AREA.—The term ‘rural area’ means 
an area that is outside an urbanized area with a pop-
ulation of over 200,000. 
‘‘(b) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
a rural surface transportation grant program to pro-
vide grants, on a competitive basis, to eligible entities 
to improve and expand the surface transportation in-
frastructure in rural areas. 
‘‘(2) GOALS.—The goals of the program shall 
be— 
‘‘(A) to increase connectivity;
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‘‘(B) to improve the safety and reliability of 
the movement of people and freight; and 
‘‘(C) to generate regional economic growth 
and improve quality of life. 
‘‘(3) GRANT
ADMINISTRATION.—The Secretary 
may— 
‘‘(A) retain not more than a total of 2 per-
cent of the funds made available to carry out the 
program and to review applications for grants 
under the program; and 
‘‘(B) transfer portions of the funds retained 
under subparagraph (A) to the relevant Admin-
istrators to fund the award and oversight of 
grants provided under the program. 
‘‘(c) ELIGIBLE ENTITIES.—The Secretary may make 
a grant under the program to— 
‘‘(1) a State; 
‘‘(2) a regional transportation planning organi-
zation; 
‘‘(3) a unit of local government; 
‘‘(4) a Tribal government or a consortium of 
Tribal governments; and 
‘‘(5) a multijurisdictional group of entities de-
scribed in paragraphs (1) through (4).
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‘‘(d) APPLICATIONS.—To be eligible to receive a grant 
under the program, an eligible entity shall submit to the 
Secretary an application in such form, at such time, and 
containing such information as the Secretary may require. 
‘‘(e) ELIGIBLE PROJECTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary may make a grant under the 
program only for a project that is— 
‘‘(A) a highway, bridge, or tunnel project el-
igible under section 119(d); 
‘‘(B) a highway, bridge, or tunnel project el-
igible under section 133(b); 
‘‘(C) a project eligible under section 202(a); 
‘‘(D) a highway freight project eligible 
under section 167(h)(5); 
‘‘(E) a highway safety improvement project, 
including a project to improve a high risk rural 
road (as those terms are defined in section 
148(a)); 
‘‘(F) a project on a publicly-owned highway 
or bridge that provides or increases access to an 
agricultural, commercial, energy, or intermodal 
facility that supports the economy of a rural 
area; or
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† HR 3684 EAS 
vironmental review, preliminary engineering and de-
sign 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), environ-
mental mitigation, construction contingencies, acqui-
sition of equipment, and operational improvements. 
‘‘(g) PROJECT REQUIREMENTS.—The Secretary may 
provide a grant under the program to an eligible project 
only if the Secretary determines that the project— 
‘‘(1) will generate regional economic, mobility, or 
safety benefits; 
‘‘(2) will be cost effective; 
‘‘(3) will contribute to the accomplishment of 1 
or more of the national goals under section 150; 
‘‘(4) is based on the results of preliminary engi-
neering; and 
‘‘(5) 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 providing 
grants under the program, the Secretary shall consider the 
extent to which an eligible project will— 
‘‘(1) improve the state of good repair of existing 
highway, bridge, and tunnel facilities;
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‘‘(2) increase the capacity or connectivity of the 
surface transportation system and improve mobility 
for residents of rural areas; 
‘‘(3) address economic development and job cre-
ation challenges, including energy sector job losses in 
energy communities as identified in the report re-
leased in April 2021 by the interagency working 
group established by section 218 of Executive Order 
14008 (86 Fed. Reg. 7628 (February 1, 2021)); 
‘‘(4) enhance recreational and tourism opportu-
nities by providing access to Federal land, national 
parks, national forests, national recreation areas, na-
tional wildlife refuges, wilderness areas, or State 
parks; 
‘‘(5) contribute to geographic diversity among 
grant recipients; 
‘‘(6) utilize innovative project delivery ap-
proaches or incorporate transportation technologies; 
‘‘(7) 
coordinate 
with 
projects 
to 
address 
broadband infrastructure needs; or 
‘‘(8) improve access to emergency care, essential 
services, healthcare providers, or drug and alcohol 
treatment and rehabilitation resources.
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‘‘(i) GRANT AMOUNT.—Except as provided in sub-
section (k)(1), a grant under the program shall be in an 
amount that is not less than $25,000,000. 
‘‘(j) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Federal share of the cost of a project 
carried out with a grant under the program may not 
exceed 80 percent. 
‘‘(2) 
FEDERAL
SHARE
FOR
CERTAIN 
PROJECTS.—The Federal share of the cost of an eligi-
ble project that furthers the completion of a des-
ignated segment of the Appalachian Development 
Highway System under section 14501 of title 40, or 
addresses a surface transportation infrastructure need 
identified for the Denali access system program under 
section 309 of the Denali Commission Act of 1998 (42 
U.S.C. 3121 note; Public Law 105–277) shall be up 
to 100 percent, as determined by the State. 
‘‘(3) USE OF OTHER FEDERAL ASSISTANCE.— 
Federal assistance other than a grant under the pro-
gram may be used to satisfy the non-Federal share of 
the cost of a project carried out with a grant under 
the program. 
‘‘(k) SET ASIDES.—
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‘‘(1) SMALL PROJECTS.—The Secretary shall use 
not more than 10 percent of the amounts made avail-
able for the program for each fiscal year to provide 
grants for eligible projects in an amount that is less 
than $25,000,000. 
‘‘(2) APPALACHIAN DEVELOPMENT HIGHWAY SYS-
TEM.—The Secretary shall reserve 25 percent of the 
amounts made available for the program for each fis-
cal year for eligible projects that further the comple-
tion of designated routes of the Appalachian Develop-
ment Highway System under section 14501 of title 
40. 
‘‘(3) RURAL ROADWAY LANE DEPARTURES.—The 
Secretary shall reserve 15 percent of the amounts 
made available for the program for each fiscal year 
to provide grants for eligible projects located in States 
that have rural roadway fatalities as a result of lane 
departures that are greater than the average of rural 
roadway fatalities as a result of lane departures in 
the United States, based on the latest available data 
from the Secretary. 
‘‘(4) EXCESS FUNDING.—In any fiscal year in 
which qualified applications for grants under this 
subsection do not allow for the amounts reserved 
under paragraphs (1), (2), or (3) to be fully utilized,
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the Secretary shall use the unutilized amounts to 
make other grants under the program. 
‘‘(l) CONGRESSIONAL REVIEW.— 
‘‘(1) NOTIFICATION.—Not less than 60 days be-
fore providing a grant under the program, the Sec-
retary shall submit to the Committee on Environment 
and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives— 
‘‘(A) a list of all applications determined to 
be eligible for a grant by the Secretary; 
‘‘(B) each application proposed to be se-
lected for a grant, including a justification for 
the selection; and 
‘‘(C) proposed grant amounts. 
‘‘(2) COMMITTEE REVIEW.—Before the last day 
of the 60-day period described in paragraph (1), each 
Committee described in paragraph (1) shall review 
the list of proposed projects submitted by the Sec-
retary. 
‘‘(3) CONGRESSIONAL
DISAPPROVAL.—The Sec-
retary may not make a grant or any other obligation 
or commitment to fund a project under the program 
if a joint resolution is enacted disapproving funding
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for the project before the last day of the 60-day period 
described in paragraph (1). 
‘‘(m) TRANSPARENCY.— 
‘‘(1) IN GENERAL.—Not later than 30 days after 
providing a grant for a project under the program, 
the Secretary shall provide to all applicants, and 
publish on the website of the Department of Transpor-
tation, the information described in subsection (l)(1). 
‘‘(2) BRIEFING.—The Secretary shall provide, on 
the request of an eligible entity, the opportunity to re-
ceive a briefing to explain any reasons the eligible en-
tity was not selected to receive a grant under the pro-
gram. 
‘‘(n) REPORTS.— 
‘‘(1) ANNUAL
REPORT.—The Secretary shall 
make available on the website of the Department of 
Transportation at the end of each fiscal year an an-
nual report that lists each project for which a grant 
has been provided under the program during that fis-
cal year. 
‘‘(2) COMPTROLLER GENERAL.— 
‘‘(A) ASSESSMENT.—The Comptroller Gen-
eral of the United States shall conduct an assess-
ment of the administrative establishment, solici-
tation, selection, and justification process with
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respect to the awarding of grants under the pro-
gram for each fiscal year. 
‘‘(B) REPORT.—Each fiscal year, the Comp-
troller General shall submit to the Committee on 
Environment and Public Works of the Senate 
and the Committee on Transportation and Infra-
structure of the House of Representatives a re-
port that describes, for the fiscal year— 
‘‘(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 selection of each project, if applica-
ble. 
‘‘(o) TREATMENT
OF PROJECTS.—Notwithstanding 
any other provision of law, a project assisted under this 
section shall be treated as a project on a Federal-aid high-
way under this chapter.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code (as amended by section 
11123(c)(2)), is amended by inserting after the item relat-
ing to section 172 the following: 
‘‘173. Rural surface transportation grant program.’’.
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SEC. 11133. BICYCLE TRANSPORTATION AND PEDESTRIAN 
WALKWAYS. 
Section 217 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) by striking ‘‘pedestrian walkways and 
bicycle’’ and inserting ‘‘pedestrian walkways and 
bicycle and shared micromobility’’; and 
(B) by striking ‘‘safe bicycle use’’ and in-
serting ‘‘safe access for bicyclists and pedes-
trians’’; 
(2) in subsection (d), by striking ‘‘a position’’ 
and inserting ‘‘up to 2 positions’’; 
(3) in subsection (e), by striking ‘‘bicycles’’ each 
place it appears and inserting ‘‘pedestrians or 
bicyclists’’; 
(4) in subsection (f), by striking ‘‘and a bicycle’’ 
and inserting ‘‘or a bicycle or shared micromobility’’; 
and 
(5) in subsection (j), by striking paragraph (2) 
and inserting the following: 
‘‘(2) ELECTRIC BICYCLE.— 
‘‘(A) IN GENERAL.—The term ‘electric bicy-
cle’ means a bicycle—
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† HR 3684 EAS 
‘‘(i) equipped with fully operable ped-
als, a saddle or seat for the rider, and an 
electric motor of less than 750 watts; 
‘‘(ii) that can safely share a bicycle 
transportation facility with other users of 
such facility; and 
‘‘(iii) that is a class 1 electric bicycle, 
class 2 electric bicycle, or class 3 electric bi-
cycle. 
‘‘(B) CLASSES OF ELECTRIC BICYCLES.— 
‘‘(i) CLASS 1 ELECTRIC BICYCLE.—For 
purposes of subparagraph (A)(iii), the term 
‘class 1 electric bicycle’ means an electric 
bicycle, other than a class 3 electric bicycle, 
equipped with a motor that— 
‘‘(I) provides assistance only when 
the rider is pedaling; and 
‘‘(II) ceases to provide assistance 
when the speed of the bicycle reaches or 
exceeds 20 miles per hour. 
‘‘(ii) CLASS
ELECTRIC
BICYCLE.— 
For purposes of subparagraph (A)(iii), the 
term ‘class 2 electric bicycle’ means an elec-
tric bicycle equipped with a motor that—
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‘‘(I) may be used exclusively to 
propel the bicycle; and 
‘‘(II) is not capable of providing 
assistance when the speed of the bicycle 
reaches or exceeds 20 miles per hour. 
‘‘(iii) CLASS 3 ELECTRIC BICYCLE.— 
For purposes of subparagraph (A)(iii), the 
term ‘class 3 electric bicycle’ means an elec-
tric bicycle equipped with a motor that— 
‘‘(I) provides assistance only when 
the rider is pedaling; and 
‘‘(II) ceases to provide assistance 
when the speed of the bicycle reaches or 
exceeds 28 miles per hour.’’. 
SEC. 11134. RECREATIONAL TRAILS PROGRAM. 
Section 206 of title 23, United States Code, is amended 
by adding at the end the following: 
‘‘(j) USE OF OTHER APPORTIONED FUNDS.—Funds 
apportioned to a State under section 104(b) that are obli-
gated for a recreational trail or a related project shall be 
administered as if the funds were made available to carry 
out this section.’’.
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SEC. 11135. UPDATES TO MANUAL ON UNIFORM TRAFFIC 
CONTROL DEVICES. 
In carrying out the first update to the Manual on Uni-
form Traffic Control Devices under section 109(d)(2) of title 
23, United States Code, to the greatest extent practicable, 
the Secretary shall include updates necessary to provide 
for— 
(1) the protection of vulnerable road users (as de-
fined in section 148(a) of title 23, United States 
Code); 
(2) supporting the safe testing of automated vehi-
cle technology and any preparation necessary for the 
safe integration of automated vehicles onto public 
streets; 
(3) appropriate use of variable message signs to 
enhance public safety; 
(4) the minimum retroreflectivity of traffic con-
trol devices and pavement markings; and 
(5) any additional recommendations made by 
the National Committee on Uniform Traffic Control 
Devices that have not been incorporated into the Man-
ual on Uniform Traffic Control Devices.
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Subtitle B—Planning and 
Performance Management 
SEC. 11201. TRANSPORTATION PLANNING. 
(a) METROPOLITAN TRANSPORTATION PLANNING.— 
Section 134 of title 23, United States Code, is amended— 
(1) in subsection (d)— 
(A) in paragraph (3), by adding at the end 
the following: 
‘‘(D) CONSIDERATIONS.—In designating of-
ficials or representatives under paragraph (2) for 
the first time, subject to the bylaws or enabling 
statute of the metropolitan planning organiza-
tion, the metropolitan planning organization 
shall consider the equitable and proportional 
representation of the population of the metropoli-
tan planning area.’’; and 
(B) in paragraph (7)— 
(i) by striking ‘‘an existing metropoli-
tan planning area’’ and inserting ‘‘an exist-
ing urbanized area (as defined by the Bu-
reau of the Census)’’; and 
(ii) by striking ‘‘the existing metropoli-
tan planning area’’ and inserting ‘‘the 
area’’; 
(2) in subsection (g)—
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(3) in subsection (h)(1)(E), by inserting ‘‘, hous-
ing,’’ after ‘‘growth’’; 
(4) in subsection (i)— 
(A) in paragraph (4)(B)— 
(i) 
by 
redesignating 
clauses 
(iii) 
through (vi) as clauses (iv) through (vii), 
respectively; and 
(ii) by inserting after clause (ii) the 
following: 
‘‘(iii) assumed distribution of popu-
lation and housing;’’; and 
(B) in paragraph (6)(A), by inserting ‘‘af-
fordable housing organizations,’’ after ‘‘dis-
abled,’’; and 
(5) in subsection (k)— 
(A) by redesignating paragraphs (4) and 
(5) as paragraphs (5) and (6), respectively; and 
(B) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) HOUSING COORDINATION PROCESS.— 
‘‘(A) IN GENERAL.—Within a metropolitan 
planning area serving a transportation manage-
ment area, the transportation planning process 
under this section may address the integration of 
housing, transportation, and economic develop-
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† HR 3684 EAS 
ment strategies through a process that provides 
for effective integration, based on a cooperatively 
developed and implemented strategy, of new and 
existing transportation facilities eligible for 
funding under this title and chapter 53 of title 
49. 
‘‘(B) COORDINATION IN INTEGRATED PLAN-
NING PROCESS.—In carrying out the process de-
scribed in subparagraph (A), a metropolitan 
planning organization may— 
‘‘(i) consult with— 
‘‘(I) State and local entities re-
sponsible for land use, economic devel-
opment, housing, management of road 
networks, or public transportation; and 
‘‘(II) other appropriate public or 
private entities; and 
‘‘(ii) coordinate, to the extent prac-
ticable, with applicable State and local en-
tities to align the goals of the process with 
the goals of any comprehensive housing af-
fordability strategies established within the 
metropolitan planning area pursuant to 
section 105 of the Cranston-Gonzalez Na-
tional Affordable Housing Act (42 U.S.C.
225 
† HR 3684 EAS 
12705) and plans developed under section 
5A of the United States Housing Act of 
1937 (42 U.S.C. 1437c–1). 
‘‘(C) HOUSING COORDINATION PLAN.— 
‘‘(i) IN
GENERAL.—A metropolitan 
planning organization serving a transpor-
tation management area may develop a 
housing coordination plan that includes 
projects and strategies that may be consid-
ered in the metropolitan transportation 
plan of the metropolitan planning organiza-
tion. 
‘‘(ii) CONTENTS.—A plan described in 
clause (i) may— 
‘‘(I) develop regional goals for the 
integration of housing, transportation, 
and economic development strategies 
to— 
‘‘(aa) better connect housing 
and employment while mitigating 
commuting times; 
‘‘(bb) align transportation 
improvements with housing needs, 
such as housing supply shortages,
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and proposed housing develop-
ment; 
‘‘(cc) 
align 
planning 
for 
housing and transportation to ad-
dress needs in relationship to 
household incomes within the met-
ropolitan planning area; 
‘‘(dd) expand housing and 
economic development within the 
catchment areas of existing trans-
portation facilities and public 
transportation services when ap-
propriate, including higher-den-
sity development, as locally deter-
mined; 
‘‘(ee) 
manage 
effects 
of 
growth of vehicle miles traveled 
experienced in the metropolitan 
planning area related to housing 
development and economic devel-
opment; 
‘‘(ff) increase share of house-
holds with sufficient and afford-
able access to the transportation
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networks 
of 
the 
metropolitan 
planning area; 
‘‘(II) identify the location of exist-
ing and planned housing and employ-
ment, and transportation options that 
connect housing and employment; and 
‘‘(III) include a comparison of 
transportation plans to land use man-
agement plans, including zoning plans, 
that may affect road use, public trans-
portation ridership, and housing devel-
opment.’’. 
SEC. 11202. FISCAL CONSTRAINT ON LONG-RANGE TRANS-
PORTATION PLANS. 
Not later than 1 year after the date of enactment of 
this 
Act, 
the 
Secretary 
shall 
amend 
section 
450.324(f)(11)(v) of title 23, Code of Federal Regulations, 
to ensure that the outer years of a metropolitan transpor-
tation plan are defined as ‘‘beyond the first 4 years’’. 
SEC. 11203. STATE HUMAN CAPITAL PLANS. 
(a) IN GENERAL.—Chapter 1 of title 23, United States 
Code (as amended by section 11132(a)), is amended by add-
ing at the end the following:
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† HR 3684 EAS 
‘‘§ 174. State human capital plans 
‘‘(a) IN GENERAL.—Not later than 18 months after the 
date of enactment of this section, the Secretary shall encour-
age each State to develop a voluntary plan, to be known 
as a ‘human capital plan’, that provides for the immediate 
and long-term personnel and workforce needs of the State 
with respect to the capacity of the State to deliver transpor-
tation and public infrastructure eligible under this title. 
‘‘(b) PLAN CONTENTS.— 
‘‘(1) IN GENERAL.—A human capital plan devel-
oped by a State under subsection (a) shall, to the 
maximum extent practicable, take into consider-
ation— 
‘‘(A) significant transportation workforce 
trends, needs, issues, and challenges with respect 
to the State; 
‘‘(B) the human capital policies, strategies, 
and performance measures that will guide the 
transportation-related workforce investment deci-
sions of the State; 
‘‘(C) coordination with educational institu-
tions, 
industry, 
organized 
labor, 
workforce 
boards, and other agencies or organizations to 
address the human capital transportation needs 
of the State;
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† HR 3684 EAS 
‘‘(D) a workforce planning strategy that 
identifies current and future human capital 
needs, including the knowledge, skills, and abili-
ties needed to recruit and retain skilled workers 
in the transportation industry; 
‘‘(E) a human capital management strategy 
that is aligned with the transportation mission, 
goals, and organizational objectives of the State; 
‘‘(F) an implementation system for work-
force goals focused on addressing continuity of 
leadership and knowledge sharing across the 
State; 
‘‘(G) an implementation system that ad-
dresses workforce competency gaps, particularly 
in mission-critical occupations; 
‘‘(H) in the case of public-private partner-
ships or other alternative project delivery meth-
ods to carry out the transportation program of 
the State, a description of workforce needs— 
‘‘(i) to ensure that the transportation 
mission, goals, and organizational objectives 
of the State are fully carried out; and 
‘‘(ii) to ensure that procurement meth-
ods provide the best public value;
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† HR 3684 EAS 
‘‘(I) a system for analyzing and evaluating 
the performance of the State department of 
transportation with respect to all aspects of 
human capital management policies, programs, 
and activities; and 
‘‘(J) the manner in which the plan will im-
prove the ability of the State to meet the na-
tional policy in support of performance manage-
ment established under section 150. 
‘‘(2) PLANNING PERIOD.—If a State develops a 
human capital plan under subsection (a), the plan 
shall address a 5-year forecast period. 
‘‘(c) PLAN UPDATES.—If a State develops a human 
capital plan under subsection (a), the State shall update 
the plan not less frequently than once every 5 years. 
‘‘(d) RELATIONSHIP TO LONG-RANGE PLAN.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 
human capital plan developed by a State under sub-
section (a) may be developed separately from, or in-
corporated into, the long-range statewide transpor-
tation plan required under section 135. 
‘‘(2) EFFECT OF SECTION.—Nothing in this sec-
tion requires a State, or authorizes the Secretary to 
require a State, to incorporate a human capital plan
231 
† HR 3684 EAS 
into the long-range statewide transportation plan re-
quired under section 135. 
‘‘(e) PUBLIC AVAILABILITY.—Each State that develops 
a human capital plan under subsection (a) shall make a 
copy of the plan available to the public in a user-friendly 
format on the website of the State department of transpor-
tation. 
‘‘(f) SAVINGS PROVISION.—Nothing in this section pre-
vents a State from carrying out transportation workforce 
planning— 
‘‘(1) not described in this section; or 
‘‘(2) not in accordance with this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code (as amended by section 
11132(b)), is amended by inserting after the item relating 
to section 173 the following: 
‘‘174. State human capital plans.’’. 
SEC. 11204. PRIORITIZATION PROCESS PILOT PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means any of the following: 
(A) A metropolitan planning organization 
that serves an area with a population of over 
200,000. 
(B) A State.
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(2) METROPOLITAN PLANNING ORGANIZATION.— 
The term ‘‘metropolitan planning organization’’ has 
the meaning given the term in section 134(b) of title 
23, United States Code. 
(3) 
PRIORITIZATION
PROCESS
PILOT
PRO-
GRAM.—The term ‘‘prioritization process pilot pro-
gram’’ means the pilot program established under 
subsection (b)(1). 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary shall establish 
and solicit applications for a prioritization process 
pilot program. 
(2) PURPOSE.—The purpose of the prioritization 
process pilot program shall be to support data-driven 
approaches to planning that, on completion, can be 
evaluated for public benefit. 
(c) PILOT PROGRAM ADMINISTRATION.— 
(1) IN
GENERAL.—An eligible entity partici-
pating in the prioritization process pilot program 
shall— 
(A) use priority objectives that are devel-
oped— 
(i) in the case of an urbanized area 
with a population of over 200,000, by the 
metropolitan planning organization that
233 
† HR 3684 EAS 
serves the area, in consultation with the 
State; 
(ii) in the case of an urbanized area 
with a population of 200,000 or fewer, by 
the State in consultation with all metropoli-
tan planning organizations in the State; 
and 
(iii) through a public process that pro-
vides an opportunity for public input; 
(B) assess and score projects and strategies 
on the basis of— 
(i) the contribution and benefits of the 
project or strategy to each priority objective 
developed under subparagraph (A); 
(ii) the cost of the project or strategy 
relative to the contribution and benefits as-
sessed and scored under clause (i); and 
(iii) public support; 
(C) use the scores assigned under subpara-
graph (B) to guide project selection in the devel-
opment of the transportation plan and transpor-
tation improvement program; and 
(D) ensure that the public— 
(i) has opportunities to provide public 
comment on projects before decisions are
234 
† HR 3684 EAS 
made on the transportation plan and the 
transportation improvement program; and 
(ii) has access to clear reasons why 
each project or strategy was selected or not 
selected. 
(2) REQUIREMENTS.—An eligible entity that re-
ceives a grant under the prioritization process pilot 
program shall use the funds as described in each of 
the following, as applicable: 
(A) METROPOLITAN TRANSPORTATION PLAN-
NING.—In the case of a metropolitan planning 
organization that serves an area with a popu-
lation of over 200,000, the entity shall— 
(i) develop and implement a publicly 
accessible, transparent prioritization proc-
ess for the selection of projects for inclusion 
on the transportation plan for the metro-
politan planning area under section 134(i) 
of title 23, United States Code, and section 
5303(i) of title 49, United States Code, 
which shall— 
(I) include criteria identified by 
the metropolitan planning organiza-
tion, which may be weighted to reflect 
the priority objectives developed under
235 
† HR 3684 EAS 
paragraph (1)(A), that the metropoli-
tan planning organization has deter-
mined support— 
(aa) factors described in sec-
tion 134(h) of title 23, United 
States Code, and section 5303(h) 
of title 49, United States Code; 
(bb) targets for national per-
formance measures under section 
150(b) of title 23, United States 
Code; 
(cc) 
applicable 
transpor-
tation goals in the metropolitan 
planning area or State set by the 
applicable transportation agency; 
and 
(dd) priority objectives devel-
oped under paragraph (1)(A); 
(II) evaluate the outcomes for each 
proposed project on the basis of the 
benefits of the proposed project with re-
spect to each of the criteria described 
in subclause (I) relative to the cost of 
the proposed project; and
236 
† HR 3684 EAS 
(III) use the evaluation under 
subclause (II) to create a ranked list of 
proposed projects; and 
(ii) with respect to the priority list 
under section 134(j)(2)(A) of title 23 and 
section 5303(j)(2)(A) of title 49, United 
States Code, include projects according to 
the rank of the project under clause (i)(III), 
except as provided in subparagraph (D). 
(B) STATEWIDE
TRANSPORTATION
PLAN-
NING.—In the case of a State, the State shall— 
(i) develop and implement a publicly 
accessible, transparent process for the selec-
tion of projects for inclusion on the long- 
range statewide transportation plan under 
section 135(f) of title 23, United States 
Code, which shall— 
(I) include criteria identified by 
the State, which may be weighted to re-
flect statewide priorities, that the State 
has determined support— 
(aa) factors described in sec-
tion 135(d) of title 23, United 
States Code, and section 5304(d) 
of title 49, United States Code;
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† HR 3684 EAS 
(bb) national transportation 
goals under section 150(b) of title 
23, United States Code; 
(cc) 
applicable 
transpor-
tation goals in the State; and 
(dd) the priority objectives 
developed 
under 
paragraph 
(1)(A); 
(II) evaluate the outcomes for each 
proposed project on the basis of the 
benefits of the proposed project with re-
spect to each of the criteria described 
in subclause (I) relative to the cost of 
the proposed project; and 
(III) use the evaluation under 
subclause (II) to create a ranked list of 
proposed projects; and 
(ii) with respect to the statewide trans-
portation improvement program under sec-
tion 135(g) of title 23, United States Code, 
and section 5304(g) of title 49, United 
States Code, include projects according to 
the rank of the project under clause (i)(III), 
except as provided in subparagraph (D).
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† HR 3684 EAS 
(C) ADDITIONAL
TRANSPORTATION
PLAN-
NING.—If the eligible entity has implemented, 
and has in effect, the requirements under sub-
paragraph (A) or (B), as applicable, the eligible 
entity may use any remaining funds from a 
grant provided under the pilot program for any 
transportation planning purpose. 
(D) EXCEPTIONS TO PRIORITY RANKING.— 
In the case of any project that the eligible entity 
chooses to include or not include in the transpor-
tation improvement program under section 
134(j) of title 23, United States Code, or the 
statewide transportation improvement program 
under section 135(g) of title 23, United States 
Code, as applicable, in a manner that is con-
trary to the priority ranking for that project es-
tablished under subparagraph (A)(i)(III) or 
(B)(i)(III), the eligible entity shall make publicly 
available an explanation for the decision, includ-
ing— 
(i) a review of public comments re-
garding the project; 
(ii) an evaluation of public support for 
the project;
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† HR 3684 EAS 
(iii) an assessment of geographic bal-
ance of projects of the eligible entity; and 
(iv) the number of projects of the eligi-
ble entity in economically distressed areas. 
(3) MAXIMUM AMOUNT.—The maximum amount 
of a grant under the prioritization process pilot pro-
gram is $2,000,000. 
(d) APPLICATIONS.—To be eligible to participate in 
the prioritization process pilot program, an eligible entity 
shall submit to the Secretary an application at such time, 
in such manner, and containing such information as the 
Secretary may require. 
SEC. 11205. TRAVEL DEMAND DATA AND MODELING. 
(a) DEFINITION OF METROPOLITAN PLANNING ORGA-
NIZATION.—In this section, the term ‘‘metropolitan plan-
ning organization’’ has the meaning given the term in sec-
tion 134(b) of title 23, United States Code. 
(b) STUDY.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, and not less fre-
quently than once every 5 years thereafter, the Sec-
retary shall carry out a study that— 
(A) gathers travel data and travel demand 
forecasts from a representative sample of States 
and metropolitan planning organizations;
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† HR 3684 EAS 
(B) uses the data and forecasts gathered 
under subparagraph (A) to compare travel de-
mand forecasts with the observed data, includ-
ing— 
(i) traffic counts; 
(ii) travel mode share and public tran-
sit ridership; and 
(iii) vehicle occupancy measures; and 
(C) uses the information described in sub-
paragraphs (A) and (B)— 
(i) to develop best practices or guid-
ance for States and metropolitan planning 
organizations to use in forecasting travel 
demand for future investments in transpor-
tation improvements; 
(ii) to evaluate the impact of transpor-
tation investments, including new roadway 
capacity, on travel behavior and travel de-
mand, including public transportation rid-
ership, induced highway travel, and conges-
tion; 
(iii) to support more accurate travel 
demand forecasting by States and metro-
politan planning organizations; and
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† HR 3684 EAS 
(iv) to enhance the capacity of States 
and metropolitan planning organizations— 
(I) to forecast travel demand; and 
(II) to track observed travel be-
havior responses, including induced 
travel, to changes in transportation ca-
pacity, pricing, and land use patterns. 
(2) SECRETARIAL
SUPPORT.—The Secretary 
shall seek opportunities to support the transportation 
planning processes under sections 134 and 135 of title 
23, United States Code, through the provision of data 
to States and metropolitan planning organizations to 
improve the quality of plans, models, and forecasts 
described in this subsection. 
(3) EVALUATION TOOL.—The Secretary shall de-
velop a publicly available multimodal web-based tool 
for the purpose of enabling States and metropolitan 
planning organizations to evaluate the effect of invest-
ments in highway and public transportation projects 
on the use and conditions of all transportation assets 
within the State or area served by the metropolitan 
planning organization, as applicable.
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SEC. 11206. INCREASING SAFE AND ACCESSIBLE TRANSPOR-
TATION OPTIONS. 
(a) DEFINITION OF COMPLETE STREETS STANDARDS 
OR POLICIES.—In this section, the term ‘‘Complete Streets 
standards or policies’’ means standards or policies that en-
sure the safe and adequate accommodation of all users of 
the transportation system, including pedestrians, bicyclists, 
public transportation users, children, older individuals, in-
dividuals with disabilities, motorists, and freight vehicles. 
(b) FUNDING REQUIREMENT.—Notwithstanding any 
other provision of law, each State and metropolitan plan-
ning organization shall use to carry out 1 or more activities 
described in subsection (c)— 
(1) in the case of a State, not less than 2.5 per-
cent of the amounts made available to the State to 
carry out section 505 of title 23, United States Code; 
and 
(2) in the case of a metropolitan planning orga-
nization, not less than 2.5 percent of the amounts 
made available to the metropolitan planning organi-
zation under section 104(d) of title 23, United States 
Code. 
(c) ACTIVITIES DESCRIBED.—An activity referred to 
in subsection (b) is an activity to increase safe and acces-
sible options for multiple travel modes for people of all ages
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and abilities, which, if permissible under applicable State 
and local laws, may include— 
(1) adoption of Complete Streets standards or 
policies; 
(2) 
development 
of 
a 
Complete 
Streets 
prioritization plan that identifies a specific list of 
Complete Streets projects to improve the safety, mobil-
ity, or accessibility of a street; 
(3) development of transportation plans— 
(A) to create a network of active transpor-
tation facilities, including sidewalks, bikeways, 
or pedestrian and bicycle trails, to connect 
neighborhoods with destinations such as work-
places, schools, residences, businesses, recreation 
areas, healthcare and child care services, or other 
community activity centers; 
(B) to integrate active transportation facili-
ties with public transportation service or im-
prove access to public transportation; 
(C) to create multiuse active transportation 
infrastructure facilities, including bikeways or 
pedestrian and bicycle trails, that make connec-
tions within or between communities; 
(D) to increase public transportation rider-
ship; and
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(E) to improve the safety of bicyclists and 
pedestrians; 
(4) regional and megaregional planning to ad-
dress travel demand and capacity constraints through 
alternatives to new highway capacity, including 
through intercity passenger rail; and 
(5) development of transportation plans and 
policies that support transit-oriented development. 
(d) FEDERAL SHARE.—The Federal share of the cost 
of an activity carried out under this section shall be 80 
percent, unless the Secretary determines that the interests 
of the Federal-aid highway program would be best served 
by decreasing or eliminating the non-Federal share. 
(e) STATE FLEXIBILITY.—A State or metropolitan 
planning organization, with the approval of the Secretary, 
may opt out of the requirements of this section if the State 
or metropolitan planning organization demonstrates to the 
Secretary, by not later than 30 days before the Secretary 
apportions funds for a fiscal year under section 104, that 
the State or metropolitan planning organization— 
(1) has Complete Streets standards and policies 
in place; and 
(2) has developed an up-to-date Complete Streets 
prioritization plan as described in subsection (c)(2).
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Subtitle C—Project Delivery and 
Process Improvement 
SEC. 11301. CODIFICATION OF ONE FEDERAL DECISION. 
(a) IN GENERAL.—Section 139 of title 23, United 
States Code, is amended— 
(1) in the section heading, by striking ‘‘deci-
sionmaking’’ and inserting ‘‘decisionmaking 
and One Federal Decision’’; 
(2) in subsection (a)— 
(A) 
by 
redesignating 
paragraphs 
(2) 
through (8) as paragraphs (4), (5), (6), (8), (9), 
(10), and (11), respectively; 
(B) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) AUTHORIZATION.—The term ‘authorization’ 
means any environmental license, permit, approval, 
finding, or other administrative decision related to 
the environmental review process that is required 
under Federal law to site, construct, or reconstruct a 
project. 
‘‘(3) ENVIRONMENTAL
DOCUMENT.—The term 
‘environmental document’ includes an environmental 
assessment, finding of no significant impact, notice of 
intent, environmental impact statement, or record of
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† HR 3684 EAS 
decision under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.).’’; 
(C) in subparagraph (B) of paragraph (5) 
(as so redesignated), by striking ‘‘process for and 
completion of any environmental permit’’ and 
inserting ‘‘process and schedule, including a 
timetable for and completion of any environ-
mental permit’’; and 
(D) by inserting after paragraph (6) (as so 
redesignated) the following: 
‘‘(7) MAJOR PROJECT.— 
‘‘(A) 
IN
GENERAL.—The 
term 
‘major 
project’ means a project for which— 
‘‘(i) multiple permits, approvals, re-
views, or studies are required under a Fed-
eral law other than the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 
et seq.); 
‘‘(ii) the project sponsor has identified 
the reasonable availability of funds suffi-
cient to complete the project; 
‘‘(iii) the project is not a covered 
project (as defined in section 41001 of the 
FAST Act (42 U.S.C. 4370m)); and
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‘‘(iv)(I) the head of the lead agency has 
determined that an environmental impact 
statement is required; or 
‘‘(II) the head of the lead agency has 
determined that an environmental assess-
ment is required, and the project sponsor re-
quests that the project be treated as a major 
project. 
‘‘(B) CLARIFICATION.—In this section, the 
term ‘major project’ does not have the same 
meaning as the term ‘major project’ as described 
in section 106(h).’’; 
(3) in subsection (b)(1)— 
(A) 
by 
inserting 
‘‘, 
including 
major 
projects,’’ after ‘‘all projects’’; and 
(B) by inserting ‘‘as requested by a project 
sponsor and’’ after ‘‘applied,’’; 
(4) in subsection (c)— 
(A) in paragraph (6)— 
(i) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (C), by striking 
the period at the end and inserting ‘‘; and’’; 
and
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(iii) by adding at the end the fol-
lowing: 
‘‘(D) to calculate annually the average time 
taken by the lead agency to complete all environ-
mental documents for each project during the 
previous fiscal year.’’; and 
(B) by adding at the end the following: 
‘‘(7) PROCESS IMPROVEMENTS FOR PROJECTS.— 
‘‘(A) IN GENERAL.—The Secretary shall re-
view— 
‘‘(i) 
existing 
practices, 
procedures, 
rules, regulations, and applicable laws to 
identify impediments to meeting the re-
quirements applicable to projects under this 
section; and 
‘‘(ii) 
best 
practices, 
programmatic 
agreements, and potential changes to inter-
nal departmental procedures that would fa-
cilitate an efficient environmental review 
process for projects. 
‘‘(B) CONSULTATION.—In conducting the 
review under subparagraph (A), the Secretary 
shall consult, as appropriate, with the heads of 
other Federal agencies that participate in the en-
vironmental review process.
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‘‘(C) REPORT.—Not later than 2 years after 
the date of enactment of the Surface Transpor-
tation Reauthorization Act of 2021, the Sec-
retary shall submit to the Committee on Envi-
ronment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure 
of the House of Representatives a report that in-
cludes— 
‘‘(i) the results of the review under sub-
paragraph (A); and 
‘‘(ii) an analysis of whether additional 
funding would help the Secretary meet the 
requirements applicable to projects under 
this section.’’; 
(5) in subsection (d)— 
(A) in paragraph (8)— 
(i) in the paragraph heading, by strik-
ing ‘‘NEPA’’ and inserting ‘‘ENVIRON-
MENTAL’’; 
(ii) in subparagraph (A)— 
(I) by inserting ‘‘and except as 
provided in subparagraph (D)’’ after 
‘‘paragraph (7)’’; 
(II) by striking ‘‘permits’’ and in-
serting ‘‘authorizations’’; and
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† HR 3684 EAS 
(III) by striking ‘‘single environ-
ment document’’ and inserting ‘‘single 
environmental document for each kind 
of environmental document’’; 
(iii) in subparagraph (B)(i)— 
(I) by striking ‘‘an environmental 
document’’ and inserting ‘‘environ-
mental documents’’; and 
(II) by striking ‘‘permits issued’’ 
and inserting ‘‘authorizations’’; and 
(iv) by adding at the end the following: 
‘‘(D) EXCEPTIONS.—The lead agency may 
waive the application of subparagraph (A) with 
respect to a project if— 
‘‘(i) the project sponsor requests that 
agencies issue separate environmental docu-
ments; 
‘‘(ii) the obligations of a cooperating 
agency or participating agency under the 
National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) have already been 
satisfied with respect to the project; or 
‘‘(iii) the lead agency determines that 
reliance on a single environmental docu-
ment (as described in subparagraph (A))
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† HR 3684 EAS 
would not facilitate timely completion of the 
environmental 
review 
process 
for 
the 
project.’’; and 
(B) by adding at the end the following: 
‘‘(10) TIMELY
AUTHORIZATIONS
FOR
MAJOR 
PROJECTS.— 
‘‘(A) DEADLINE.—Except as provided in 
subparagraph (C), all authorization decisions 
necessary for the construction of a major project 
shall be completed by not later than 90 days 
after the date of the issuance of a record of deci-
sion for the major project. 
‘‘(B) DETAIL.—The final environmental 
impact statement for a major project shall in-
clude an adequate level of detail to inform deci-
sions necessary for the role of the participating 
agencies and cooperating agencies in the envi-
ronmental review process. 
‘‘(C) EXTENSION OF DEADLINE.—The head 
of the lead agency may extend the deadline under 
subparagraph (A) if— 
‘‘(i) Federal law prohibits the lead 
agency or another agency from issuing an 
approval or permit within the period de-
scribed in that subparagraph;
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† HR 3684 EAS 
‘‘(ii) the project sponsor requests that 
the permit or approval follow a different 
timeline; or 
‘‘(iii) an extension would facilitate 
completion of the environmental review and 
authorization process of the major project.’’; 
(6) in subsection (g)(1)— 
(A) in subparagraph (B)— 
(i) in clause (ii)(IV), by striking 
‘‘schedule for and cost of’’ and inserting 
‘‘time required by an agency to conduct an 
environmental review and make decisions 
under applicable Federal law relating to a 
project (including the issuance or denial of 
a permit or license) and the cost of’’; and 
(ii) by adding at the end the following: 
‘‘(iii) MAJOR
PROJECT
SCHEDULE.— 
To the maximum extent practicable and 
consistent with applicable Federal law, in 
the case of a major project, the lead agency 
shall develop, in concurrence with the 
project sponsor, a schedule for the major 
project that is consistent with an agency av-
erage of not more than 2 years for the com-
pletion of the environmental review process
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† HR 3684 EAS 
for major projects, as measured from, as ap-
plicable— 
‘‘(I) the date of publication of a 
notice of intent to prepare an environ-
mental impact statement to the record 
of decision; or 
‘‘(II) the date on which the head 
of the lead agency determines that an 
environmental assessment is required 
to a finding of no significant impact.’’; 
(B) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) MODIFICATION.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), the lead agency may lengthen 
or shorten a schedule established under sub-
paragraph (B) for good cause. 
‘‘(ii) EXCEPTIONS.— 
‘‘(I) MAJOR
PROJECTS.—In the 
case of a major project, the lead agency 
may lengthen a schedule under clause 
(i) for a cooperating Federal agency by 
not more than 1 year after the latest 
deadline established for the major 
project by the lead agency.
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† HR 3684 EAS 
‘‘(II) SHORTENED SCHEDULES.— 
The lead agency may not shorten a 
schedule under clause (i) if doing so 
would impair the ability of a cooper-
ating Federal agency to conduct nec-
essary analyses or otherwise carry out 
relevant obligations of the Federal 
agency for the project.’’; 
(C) by redesignating subparagraph (E) as 
subparagraph (F); and 
(D) by inserting after subparagraph (D) the 
following: 
‘‘(E) FAILURE TO MEET DEADLINE.—If a 
cooperating Federal agency fails to meet a dead-
line established under subparagraph (D)(ii)(I)— 
‘‘(i) the cooperating Federal agency 
shall submit to the Secretary a report that 
describes the reasons why the deadline was 
not met; and 
‘‘(ii) the Secretary shall— 
‘‘(I) transmit to the Committee on 
Environment and Public Works of the 
Senate and the Committee on Trans-
portation and Infrastructure of the
255 
† HR 3684 EAS 
House of Representatives a copy of the 
report under clause (i); and 
‘‘(II) make the report under clause 
(i) publicly available on the internet.’’; 
(7) in subsection (n), by adding at the end the 
following: 
‘‘(3) LENGTH OF ENVIRONMENTAL DOCUMENT.— 
‘‘(A) IN
GENERAL.—Notwithstanding any 
other provision of law and except as provided in 
subparagraph (B), to the maximum extent prac-
ticable, the text of the items described in para-
graphs (4) through (6) of section 1502.10(a) of 
title 40, Code of Federal Regulations (or suc-
cessor regulations), of an environmental impact 
statement for a project shall be 200 pages or 
fewer. 
‘‘(B) EXEMPTION.—An environmental im-
pact statement for a project may exceed 200 
pages, if the lead agency establishes a new page 
limit for the environmental impact statement for 
that project.’’; and 
(8) by adding at the end the following: 
‘‘(p) ACCOUNTABILITY AND REPORTING FOR MAJOR 
PROJECTS.—
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† HR 3684 EAS 
‘‘(B) collect existing documentation and 
substantiating information on the categorical ex-
clusions described in subparagraph (A); and 
‘‘(C) provide to each agency described in 
paragraph (2)— 
‘‘(i) a list of the categorical exclusions 
identified under subparagraph (A); and 
‘‘(ii) the documentation and substan-
tiating information under subparagraph 
(B). 
‘‘(2) AGENCIES
DESCRIBED.—The agencies re-
ferred to in paragraph (1) are— 
‘‘(A) the Department of the Interior; 
‘‘(B) the Department of the Army; 
‘‘(C) the Department of Commerce; 
‘‘(D) the Department of Agriculture; 
‘‘(E) the Department of Energy; 
‘‘(F) the Department of Defense; and 
‘‘(G) any other Federal agency that has 
participated in an environmental review process 
for a project, as determined by the Secretary. 
‘‘(3) ADOPTION OF CATEGORICAL EXCLUSIONS.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date on which the Secretary provides a 
list under paragraph (1)(C), an agency described
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† HR 3684 EAS 
in paragraph (2) shall publish a notice of pro-
posed rulemaking to propose any categorical ex-
clusions from the list applicable to the agency, 
subject to the condition that the categorical ex-
clusion identified under paragraph (1)(A) meets 
the criteria for a categorical exclusion under sec-
tion 1508.1 of title 40, Code of Federal Regula-
tions (or successor regulations). 
‘‘(B) PUBLIC
COMMENT.—In a notice of 
proposed rulemaking under subparagraph (A), 
the applicable agency may solicit comments on 
whether any of the proposed new categorical ex-
clusions meet the criteria for a categorical exclu-
sion under section 1508.1 of title 40, Code of 
Federal Regulations (or successor regulations).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code, is amended by striking 
the item relating to section 139 and inserting the following: 
‘‘139. Efficient environmental reviews for project decisionmaking and One Federal 
Decision.’’. 
SEC. 11302. WORK ZONE PROCESS REVIEWS. 
The Secretary shall amend section 630.1008(e) of title 
23, Code of Federal Regulations, to ensure that the work 
zone process review under that subsection is required not 
more frequently than once every 5 years.
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† HR 3684 EAS 
SEC. 11303. TRANSPORTATION MANAGEMENT PLANS. 
(a) IN GENERAL.—The Secretary shall amend section 
630.1010(c) of title 23, Code of Federal Regulations, to en-
sure that only a project described in that subsection with 
a lane closure for 3 or more consecutive days shall be con-
sidered to be a significant project for purposes of that sec-
tion. 
(b) NON-INTERSTATE
PROJECTS.—Notwithstanding 
any other provision of law, a State shall not be required 
to develop or implement a transportation management plan 
(as described in section 630.1012 of title 23, Code of Federal 
Regulations (or successor regulations)) for a highway 
project not on the Interstate System if the project requires 
not more than 3 consecutive days of lane closures. 
SEC. 11304. INTELLIGENT TRANSPORTATION SYSTEMS. 
(a) IN GENERAL.—The Secretary shall develop guid-
ance for using existing flexibilities with respect to the sys-
tems engineering analysis described in part 940 of title 23, 
Code of Federal Regulations (or successor regulations). 
(b) IMPLEMENTATION.—The Secretary shall ensure 
that any guidance developed under subsection (a)— 
(1) clearly identifies criteria for low-risk and ex-
empt intelligent transportation systems projects, with 
a goal of minimizing unnecessary delay or paperwork 
burden;
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† HR 3684 EAS 
(2) is consistently implemented by the Depart-
ment nationwide; and 
(3) is disseminated to Federal-aid recipients. 
(c) SAVINGS PROVISION.—Nothing in this section pre-
vents the Secretary from amending part 940 of title 23, 
Code of Federal Regulations (or successor regulations), to 
reduce State administrative burdens. 
SEC. 11305. ALTERNATIVE CONTRACTING METHODS. 
(a) ALTERNATIVE CONTRACTING METHODS FOR FED-
ERAL LAND MANAGEMENT AGENCIES AND TRIBAL GOVERN-
MENTS.—Section 201 of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law (including the Federal Acquisition 
Regulation), a contracting method available to a 
State under this title may be used by the Secretary, 
on behalf of— 
‘‘(A) a Federal land management agency, 
in using any funds pursuant to section 203, 204, 
or 308; 
‘‘(B) a Federal land management agency, 
in using any funds pursuant to section 1535 of 
title 31 for any of the eligible uses described in
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† HR 3684 EAS 
sections 203(a)(1) and 204(a)(1) and paragraphs 
(1) and (2) of section 308(a); or 
‘‘(C) a Tribal government, in using funds 
pursuant to section 202(b)(7)(D). 
‘‘(2) METHODS
DESCRIBED.—The contracting 
methods referred to in paragraph (1) shall include, at 
a minimum— 
‘‘(A) project bundling; 
‘‘(B) bridge bundling; 
‘‘(C) design-build contracting; 
‘‘(D) 2-phase contracting; 
‘‘(E) long-term concession agreements; and 
‘‘(F) any method tested, or that could be 
tested, under an experimental program relating 
to contracting methods carried out by the Sec-
retary. 
‘‘(3) EFFECT.—Nothing in this subsection— 
‘‘(A) affects the application of the Federal 
share for the project carried out with a con-
tracting method under this subsection; or 
‘‘(B) modifies the point of obligation of Fed-
eral salaries and expenses.’’. 
(b) COOPERATION WITH FEDERAL AND STATE AGEN-
CIES AND FOREIGN COUNTRIES.—Section 308(a) of title 23,
262 
† HR 3684 EAS 
United States Code, is amended by adding at the end the 
following: 
‘‘(4) ALTERNATIVE CONTRACTING METHODS.— 
‘‘(A) IN
GENERAL.—Notwithstanding any 
other provision of law (including the Federal Ac-
quisition Regulation), in performing services 
under paragraph (1), the Secretary may use any 
contracting method available to a State under 
this title. 
‘‘(B) 
METHODS
DESCRIBED.—The 
con-
tracting methods referred to in subparagraph (A) 
shall include, at a minimum— 
‘‘(i) project bundling; 
‘‘(ii) bridge bundling; 
‘‘(iii) design-build contracting; 
‘‘(iv) 2-phase contracting; 
‘‘(v) long-term concession agreements; 
and 
‘‘(vi) any method tested, or that could 
be tested, under an experimental program 
relating to contracting methods carried out 
by the Secretary.’’. 
(c) USE OF ALTERNATIVE CONTRACTING METHODS.— 
In carrying out an alternative contracting method under
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† HR 3684 EAS 
section 201(f) or 308(a)(4) of title 23, United States Code, 
the Secretary shall— 
(1) in consultation with the applicable Federal 
land management agencies, establish clear procedures 
that are— 
(A) applicable to the alternative contracting 
method; and 
(B) to the maximum extent practicable, 
consistent with the requirements applicable to 
Federal procurement transactions; 
(2) solicit input on the use of the alternative con-
tracting method from the affected industry prior to 
using the method; and 
(3) analyze and prepare an evaluation of the use 
of the alternative contracting method. 
SEC. 11306. FLEXIBILITY FOR PROJECTS. 
Section 1420 of the FAST Act (23 U.S.C. 101 note; 
Public Law 114–94) is amended— 
(1) in subsection (a), by striking ‘‘and on request 
by a State, the Secretary may’’ in the matter pre-
ceding paragraph (1) and all that follows through the 
period at the end of paragraph (2) and inserting the 
following: ‘‘, on request by a State, and if in the pub-
lic interest (as determined by the Secretary), the Sec-
retary shall exercise all existing flexibilities under—
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† HR 3684 EAS 
‘‘(1) the requirements of title 23, United States 
Code; and 
‘‘(2) other requirements administered by the Sec-
retary, in whole or in part.’’; and 
(2) in subsection (b)(2)(A), by inserting ‘‘(in-
cluding regulations)’’ after ‘‘environmental law’’. 
SEC. 11307. IMPROVED FEDERAL-STATE STEWARDSHIP AND 
OVERSIGHT AGREEMENTS. 
(a) DEFINITION OF TEMPLATE.—In this section, the 
term ‘‘template’’ means a template created by the Secretary 
for Federal-State stewardship and oversight agreements 
that— 
(1) includes all standard terms found in stew-
ardship and oversight agreements, including any 
terms in an attachment to the agreement; 
(2) is developed in accordance with section 106 
of title 23, United States Code, or any other applica-
ble authority; and 
(3) may be developed with consideration of rel-
evant regulations, guidance, or policies. 
(b) REQUEST FOR COMMENT.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Secretary shall 
publish in the Federal Register the template and a
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† HR 3684 EAS 
notice requesting public comment on ways to improve 
the template. 
(2) COMMENT PERIOD.—The Secretary shall pro-
vide a period of not less than 60 days for public com-
ment on the notice under paragraph (1). 
(3) CERTAIN ISSUES.—The notice under para-
graph (1) shall allow comment on any aspect of the 
template and shall specifically request public com-
ment on— 
(A) whether the template should be revised 
to delete standard terms requiring approval by 
the Secretary of the policies, procedures, proc-
esses, or manuals of the States, or other State ac-
tions, if Federal law (including regulations) does 
not specifically require an approval; 
(B) opportunities to modify the template to 
allow adjustments to the review schedules for 
State practices or actions, including through 
risk-based approaches, program reviews, process 
reviews, or other means; and 
(C) any other matters that the Secretary de-
termines to be appropriate. 
(c) NOTICE OF ACTION; UPDATES.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, after considering the
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† HR 3684 EAS 
comments received in response to the Federal Register 
notice under subsection (b), the Secretary shall pub-
lish in the Federal Register a notice that— 
(A) describes any proposed changes to be 
made, and any alternatives to such changes, to 
the template; 
(B) addresses comments in response to 
which changes were not made to the template; 
and 
(C) prescribes a schedule and a plan to exe-
cute a process for implementing the changes re-
ferred to in subparagraph (A). 
(2) APPROVAL
REQUIREMENTS.—In addressing 
comments under paragraph (1)(B), the Secretary 
shall include an explanation of the basis for retaining 
any requirement for approval of State policies, proce-
dures, processes, or manuals, or other State actions, 
if Federal law (including regulations) does not spe-
cifically require the approval. 
(3) IMPLEMENTATION.— 
(A) IN GENERAL.—Not later than 60 days 
after the date on which the notice under para-
graph (1) is published, the Secretary shall make 
changes to the template in accordance with—
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† HR 3684 EAS 
(i) the changes described in the notice 
under paragraph (1)(A); and 
(ii) the schedule and plan described in 
the notice under paragraph (1)(C). 
(B) UPDATES.—Not later than 1 year after 
the date on which the revised template under 
subparagraph (A) is published, the Secretary 
shall update existing agreements with States ac-
cording to the template updated under subpara-
graph (A). 
(d) INCLUSION OF NON-STANDARD TERMS.—Nothing 
in this section precludes the inclusion in a Federal-State 
stewardship and oversight agreement of non-standard terms 
to address a State-specific matter, including risk-based 
stewardship and Department oversight involvement in indi-
vidual projects of division interest. 
(e) COMPLIANCE WITH NON-STATUTORY TERMS.— 
(1) IN GENERAL.—The Secretary shall not en-
force or otherwise require a State to comply with ap-
proval requirements that are not required by Federal 
law (including regulations) in a Federal-State stew-
ardship and oversight agreement. 
(2) 
APPROVAL
AUTHORITY.—Notwithstanding 
any other provision of law, the Secretary shall not as-
sert approval authority over any matter in a Federal-
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† HR 3684 EAS 
State stewardship and oversight agreement reserved to 
States. 
(f) FREQUENCY OF REVIEWS.—Section 106(g)(3) of 
title 23, United States Code, is amended— 
(1) by striking ‘‘annual’’; 
(2) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(A) IN GENERAL.—The Secretary’’; and 
(3) by adding at the end the following: 
‘‘(B) FREQUENCY.— 
‘‘(i) IN GENERAL.—Except as provided 
in clauses (ii) and (iii), the Secretary shall 
carry out a review under subparagraph (A) 
not less frequently than once every 2 years. 
‘‘(ii) CONSULTATION
WITH
STATE.— 
The Secretary, after consultation with a 
State, may make a determination to carry 
out a review under subparagraph (A) for 
that State less frequently than provided 
under clause (i). 
‘‘(iii) CAUSE.—If the Secretary deter-
mines that there is a specific reason to re-
quire a review more frequently than pro-
vided under clause (i) with respect to a 
State, the Secretary may carry out a review
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† HR 3684 EAS 
more frequently than provided under that 
clause.’’. 
SEC. 11308. GEOMATIC DATA. 
(a) IN GENERAL.—The Secretary shall develop guid-
ance for the acceptance and use of information obtained 
from a non-Federal entity through geomatic techniques, in-
cluding remote sensing and land surveying, cartography, 
geographic information systems, global navigation satellite 
systems, photogrammetry, or other remote means. 
(b) CONSIDERATIONS.—In carrying out this section, 
the Secretary shall ensure that acceptance or use of infor-
mation described in subsection (a) meets the data quality 
and operational requirements of the Secretary. 
(c) PUBLIC COMMENT.—Before issuing any final guid-
ance under subsection (a), the Secretary shall provide to 
the public— 
(1) notice of the proposed guidance; and 
(2) an opportunity to comment on the proposed 
guidance. 
(d) SAVINGS CLAUSE.—Nothing in this section— 
(1) requires the Secretary to accept or use infor-
mation that the Secretary determines does not meet 
the guidance developed under this section; or 
(2) changes the current statutory or regulatory 
requirements of the Department.
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SEC. 11309. EVALUATION OF PROJECTS WITHIN AN OPER-
ATIONAL RIGHT-OF-WAY. 
(a) IN GENERAL.—Chapter 3 of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘§ 331. Evaluation of projects within an operational 
right-of-way 
‘‘(a) DEFINITIONS.— 
‘‘(1) ELIGIBLE PROJECT OR ACTIVITY.— 
‘‘(A) IN
GENERAL.—In this section, the 
term ‘eligible project or activity’ means a project 
or activity within an existing operational right- 
of-way (as defined in section 771.117(c)(22) of 
title 23, Code of Federal Regulations (or suc-
cessor regulations))— 
‘‘(i)(I) eligible for assistance under this 
title; or 
‘‘(II) administered as if made avail-
able under this title; 
‘‘(ii) that is— 
‘‘(I) a preventive maintenance, 
preservation, or highway safety im-
provement project (as defined in sec-
tion 148(a)); or 
‘‘(II) a new turn lane that the 
State advises in writing to the Sec-
retary would assist public safety; and
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‘‘(iii) that— 
‘‘(I) is classified as a categorical 
exclusion under section 771.117 of title 
23, Code of Federal Regulations (or 
successor regulations); or 
‘‘(II) if the project or activity does 
not receive assistance described in 
clause (i) would be considered a cat-
egorical exclusion if the project or ac-
tivity received assistance described in 
clause (i). 
‘‘(B) 
EXCLUSION.—The 
term 
‘eligible 
project or activity’ does not include a project to 
create a new travel lane. 
‘‘(2) PRELIMINARY EVALUATION.—The term ‘pre-
liminary evaluation’, with respect to an application 
described in subsection (b)(1), means an evaluation 
that is customary or practicable for the relevant agen-
cy to complete within a 45-day period for similar ap-
plications. 
‘‘(3) RELEVANT
AGENCY.—The term ‘relevant 
agency’ means a Federal agency, other than the Fed-
eral Highway Administration, with responsibility for 
review of an application from a State for a permit,
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† HR 3684 EAS 
approval, or jurisdictional determination for an eligi-
ble project or activity. 
‘‘(b) ACTION REQUIRED.— 
‘‘(1) IN
GENERAL.—Subject to paragraph (2), 
not later than 45 days after the date of receipt of an 
application by a State for a permit, approval, or ju-
risdictional determination for an eligible project or 
activity, the head of the relevant agency shall— 
‘‘(A) make at least a preliminary evalua-
tion of the application; and 
‘‘(B) notify the State of the results of the 
preliminary evaluation under subparagraph (A). 
‘‘(2) EXTENSION.—The head of the relevant 
agency may extend the review period under para-
graph (1) by not more than 30 days if the head of 
the relevant agency provides to the State written no-
tice that includes an explanation of the need for the 
extension. 
‘‘(3) FAILURE TO ACT.—If the head of the rel-
evant agency fails to meet a deadline under para-
graph (1) or (2), as applicable, the head of the rel-
evant agency shall— 
‘‘(A) not later than 30 days after the date 
of the missed deadline, submit to the State, the 
Committee on Environment and Public Works of
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† HR 3684 EAS 
the Senate, and the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives a report that describes why the dead-
line was missed; and 
‘‘(B) not later than 14 days after the date 
on which a report is submitted under subpara-
graph (A), make publicly available, including on 
the internet, a copy of that report.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
3 of title 23, United States Code, is amended by adding 
at the end the following: 
‘‘331. Evaluation of projects within an operational right-of-way.’’. 
SEC. 11310. PRELIMINARY ENGINEERING. 
(a) IN GENERAL.—Section 102 of title 23, United 
States Code, is amended— 
(1) by striking subsection (b); and 
(2) in subsection (a), in the second sentence, by 
striking ‘‘Nothing in this subsection’’ and inserting 
the following: 
‘‘(b) SAVINGS PROVISION.—Nothing in this section’’. 
(b) CONFORMING AMENDMENT.—Section 144(j) of title 
23, United States Code, is amended by striking paragraph 
(6).
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SEC. 11311. EFFICIENT IMPLEMENTATION OF NEPA FOR 
FEDERAL LAND MANAGEMENT PROJECTS. 
Section 203 of title 23, United States Code, is amended 
by adding at the end the following: 
‘‘(e) EFFICIENT IMPLEMENTATION OF NEPA.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) 
ENVIRONMENTAL
DOCUMENT.—The 
term ‘environmental document’ means an envi-
ronmental impact statement, environmental as-
sessment, categorical exclusion, or other docu-
ment prepared under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
‘‘(B) PROJECT.—The term ‘project’ means a 
highway project, public transportation capital 
project, or multimodal project that— 
‘‘(i) receives funds under this title; and 
‘‘(ii) is authorized under this section or 
section 204. 
‘‘(C) PROJECT SPONSOR.—The term ‘project 
sponsor’ means the Federal land management 
agency that seeks or receives funds under this 
title for a project. 
‘‘(2) ENVIRONMENTAL
REVIEW
TO
BE
COM-
PLETED BY FEDERAL HIGHWAY ADMINISTRATION.— 
The Federal Highway Administration may prepare
275 
† HR 3684 EAS 
an environmental document pursuant to the imple-
menting procedures of the Federal Highway Adminis-
tration to comply with the requirements of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) if— 
‘‘(A) requested by a project sponsor; and 
‘‘(B) all areas of analysis required by the 
project sponsor can be addressed. 
‘‘(3) FEDERAL
LAND
MANAGEMENT
AGENCIES 
ADOPTION
OF
EXISTING
ENVIRONMENTAL
REVIEW 
DOCUMENTS.— 
‘‘(A) IN GENERAL.—To the maximum ex-
tent practicable, if the Federal Highway Admin-
istration prepares an environmental document 
pursuant to paragraph (2), that environmental 
document shall address all areas of analysis re-
quired by a Federal land management agency. 
‘‘(B) INDEPENDENT EVALUATION.—Notwith-
standing any other provision of law, a Federal 
land management agency shall not be required to 
conduct an independent evaluation to determine 
the adequacy of an environmental document pre-
pared by the Federal Highway Administration 
pursuant to paragraph (2).
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‘‘(C) USE OF SAME DOCUMENT.—In author-
izing or implementing a project, a Federal land 
management agency may use an environmental 
document previously prepared by the Federal 
Highway Administration for a project address-
ing the same or substantially the same action to 
the same extent that the Federal land manage-
ment agency could adopt or use a document pre-
viously prepared by another Federal agency. 
‘‘(4) APPLICATION BY FEDERAL LAND MANAGE-
MENT AGENCIES OF CATEGORICAL EXCLUSIONS ES-
TABLISHED
BY
FEDERAL
HIGHWAY
ADMINISTRA-
TION.—In carrying out requirements under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) for a project, the project sponsor may 
use categorical exclusions designated under that Act 
in the implementing regulations of the Federal High-
way Administration, subject to the conditions that— 
‘‘(A) the project sponsor makes a determina-
tion, in consultation with the Federal Highway 
Administration, that the categorical exclusion 
applies to the project; 
‘‘(B) the project satisfies the conditions for 
a categorical exclusion under the National Envi-
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ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); and 
‘‘(C) the use of the categorical exclusion does 
not otherwise conflict with the implementing reg-
ulations of the project sponsor, except any list of 
the project sponsor that designates categorical ex-
clusions. 
‘‘(5) MITIGATION COMMITMENTS.—The Secretary 
shall assist the Federal land management agency with 
all design and mitigation commitments made jointly 
by the Secretary and the project sponsor in any envi-
ronmental document prepared by the Secretary in ac-
cordance with this subsection.’’. 
SEC. 11312. NATIONAL ENVIRONMENTAL POLICY ACT OF 
1969 REPORTING PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United States 
Code, is amended by inserting after section 156 the fol-
lowing: 
‘‘§ 157. National Environmental Policy Act of 1969 re-
porting program 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CATEGORICAL EXCLUSION.—The term ‘cat-
egorical exclusion’ has the meaning given the term in 
section 771.117(c) of title 23, Code of Federal Regula-
tions (or a successor regulation).
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‘‘(2) DOCUMENTED CATEGORICAL EXCLUSION.— 
The term ‘documented categorical exclusion’ has the 
meaning given the term in section 771.117(d) of title 
23, Code of Federal Regulations (or a successor regu-
lation). 
‘‘(3) ENVIRONMENTAL ASSESSMENT.—The term 
‘environmental assessment’ has the meaning given the 
term in section 1508.1 of title 40, Code of Federal 
Regulations (or a successor regulation). 
‘‘(4) ENVIRONMENTAL IMPACT STATEMENT.—The 
term ‘environmental impact statement’ means a de-
tailed statement required under section 102(2)(C) of 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)). 
‘‘(5) FEDERAL
AGENCY.—The term ‘Federal 
agency’ includes a State that has assumed responsi-
bility under section 327. 
‘‘(6) NEPA PROCESS.—The term ‘NEPA process’ 
means the entirety of the development and docu-
mentation of the analysis required under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), including the assessment and analysis of any 
impacts, alternatives, and mitigation of a proposed 
action, and any interagency participation and public
279 
† HR 3684 EAS 
involvement required to be carried out before the Sec-
retary undertakes a proposed action. 
‘‘(7) PROPOSED ACTION.—The term ‘proposed ac-
tion’ means an action (within the meaning of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.)) under this title that the Secretary pro-
poses to carry out. 
‘‘(8) REPORTING PERIOD.—The term ‘reporting 
period’ means the fiscal year prior to the fiscal year 
in which a report is issued under subsection (b). 
‘‘(9) SECRETARY.—The term ‘Secretary’ includes 
the governor or head of an applicable State agency of 
a State that has assumed responsibility under section 
327. 
‘‘(b) REPORT ON NEPA DATA.— 
‘‘(1) IN
GENERAL.—The Secretary shall carry 
out a process to track, and annually submit to the 
Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and In-
frastructure of the House of Representatives a report 
containing, the information described in paragraph 
(3). 
‘‘(2) TIME
TO
COMPLETE.—For purposes of 
paragraph (3), the NEPA process—
280 
† HR 3684 EAS 
‘‘(A) for an environmental impact state-
ment— 
‘‘(i) begins on the date on which the 
Notice of Intent is published in the Federal 
Register; and 
‘‘(ii) ends on the date on which the 
Secretary issues a record of decision, in-
cluding, if necessary, a revised record of de-
cision; and 
‘‘(B) for an environmental assessment— 
‘‘(i) begins on the date on which the 
Secretary makes a determination to prepare 
an environmental assessment; and 
‘‘(ii) ends on the date on which the 
Secretary issues a finding of no significant 
impact or determines that preparation of 
an environmental impact statement is nec-
essary. 
‘‘(3) INFORMATION
DESCRIBED.—The informa-
tion referred to in paragraph (1) is, with respect to 
the Department of Transportation— 
‘‘(A) the number of proposed actions for 
which a categorical exclusion was issued during 
the reporting period;
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† HR 3684 EAS 
‘‘(B) the number of proposed actions for 
which a documented categorical exclusion was 
issued by the Department of Transportation dur-
ing the reporting period; 
‘‘(C) the number of proposed actions pend-
ing on the date on which the report is submitted 
for which the issuance of a documented categor-
ical exclusion by the Department of Transpor-
tation is pending; 
‘‘(D) the number of proposed actions for 
which an environmental assessment was issued 
by the Department of Transportation during the 
reporting period; 
‘‘(E) the length of time the Department of 
Transportation took to complete each environ-
mental assessment described in subparagraph 
(D); 
‘‘(F) the number of proposed actions pend-
ing on the date on which the report is submitted 
for which an environmental assessment is being 
drafted by the Department of Transportation; 
‘‘(G) the number of proposed actions for 
which an environmental impact statement was 
completed by the Department of Transportation 
during the reporting period;
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† HR 3684 EAS 
‘‘(H) the length of time that the Department 
of Transportation took to complete each environ-
mental impact statement described in subpara-
graph (G); 
‘‘(I) the number of proposed actions pend-
ing on the date on which the report is submitted 
for which an environmental impact statement is 
being drafted; and 
‘‘(J) for the proposed actions reported under 
subparagraphs (F) and (I), the percentage of 
those proposed actions for which— 
‘‘(i) funding has been identified; and 
‘‘(ii) all other Federal, State, and local 
activities that are required to allow the pro-
posed action to proceed are completed.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code, is amended by inserting 
after the item relating to section 156 the following: 
‘‘157. National Environmental Policy Act of 1969 reporting program.’’. 
SEC. 11313. SURFACE TRANSPORTATION PROJECT DELIV-
ERY PROGRAM WRITTEN AGREEMENTS. 
Section 327 of title 23, United States Code, is amend-
ed— 
(1) in subsection (a)(2)(G), by inserting ‘‘, in-
cluding the payment of fees awarded under section 
2412 of title 28’’ before the period at the end;
283 
† HR 3684 EAS 
(2) in subsection (c)— 
(A) by striking paragraph (5) and inserting 
the following: 
‘‘(5) except as provided under paragraph (7), 
have a term of not more than 5 years;’’; 
(B) in paragraph (6), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(7) for any State that has participated in a 
program under this section (or under a predecessor 
program) for at least 10 years, have a term of 10 
years.’’; 
(3) in subsection (g)(1)— 
(A) in subparagraph (B), by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (C), by striking ‘‘an-
nual’’; 
(C) by redesignating subparagraph (C) as 
subparagraph (D); and 
(D) by inserting after subparagraph (B) the 
following: 
‘‘(C) in the case of an agreement period of 
greater than 5 years pursuant to subsection 
(c)(7), conduct an audit covering the first 5 
years of the agreement period; and’’; and
284 
† HR 3684 EAS 
(4) by adding at the end the following: 
‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.— 
A State agency that is assigned a responsibility under an 
agreement under this section shall be deemed to be an agen-
cy for the purposes of section 2412 of title 28.’’. 
SEC. 11314. STATE ASSUMPTION OF RESPONSIBILITY FOR 
CATEGORICAL EXCLUSIONS. 
Section 326(c)(3) of title 23, United States Code, is 
amended— 
(1) by striking subparagraph (A) and inserting 
the following: 
‘‘(A) except as provided under subpara-
graph (C), shall have a term of not more than 
3 years;’’; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) shall have a term of 5 years, in the 
case of a State that has assumed the responsi-
bility for categorical exclusions under this sec-
tion for not fewer than 10 years.’’.
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† HR 3684 EAS 
SEC. 11315. EARLY UTILITY RELOCATION PRIOR TO TRANS-
PORTATION PROJECT ENVIRONMENTAL RE-
VIEW. 
Section 123 of title 23, United States Code, is amended 
to read as follows: 
‘‘§ 123. Relocation of utility facilities 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COST OF RELOCATION.—The term ‘cost of 
relocation’ includes the entire amount paid by a util-
ity properly attributable to the relocation of a utility 
facility, minus any increase in the value of the new 
facility and any salvage value derived from the old 
facility. 
‘‘(2) EARLY
UTILITY
RELOCATION
PROJECT.— 
The term ‘early utility relocation project’ means util-
ity relocation activities identified by the State for 
performance before completion of the environmental 
review process for the transportation project. 
‘‘(3) ENVIRONMENTAL
REVIEW
PROCESS.—The 
term ‘environmental review process’ has the meaning 
given the term in section 139(a). 
‘‘(4) TRANSPORTATION
PROJECT.—The term 
‘transportation project’ means a project. 
‘‘(5) UTILITY FACILITY.—The term ‘utility facil-
ity’ means any privately, publicly, or cooperatively 
owned line, facility, or system for producing, trans-
286 
† HR 3684 EAS 
mitting, or distributing communications, power, elec-
tricity, light, heat, gas, oil, crude products, water, 
steam, waste, stormwater not connected with highway 
drainage, or any other similar commodity, including 
any fire or police signal system or street lighting sys-
tem, that directly or indirectly serves the public. 
‘‘(6) UTILITY RELOCATION ACTIVITY.—The term 
‘utility relocation activity’ means an activity nec-
essary for the relocation of a utility facility, includ-
ing preliminary and final design, surveys, real prop-
erty acquisition, materials acquisition, and construc-
tion. 
‘‘(b) REIMBURSEMENT TO STATES.— 
‘‘(1) IN GENERAL.—If a State pays for the cost 
of relocation of a utility facility necessitated by the 
construction of a transportation project, Federal 
funds may be used to reimburse the State for the cost 
of relocation in the same proportion as Federal funds 
are expended on the transportation project. 
‘‘(2) LIMITATION.—Federal funds shall not be 
used to reimburse a State under this section if the 
payment to the utility— 
‘‘(A) violates the law of the State; or 
‘‘(B) violates a legal contract between the 
utility and the State.
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† HR 3684 EAS 
‘‘(3) REQUIREMENT.—A reimbursement under 
paragraph (1) shall be made only if the State dem-
onstrates to the satisfaction of the Secretary that the 
State paid the cost of the utility relocation activity 
from funds of the State with respect to transportation 
projects for which Federal funds are obligated subse-
quent to April 16, 1958, for work, including utility 
relocation activities. 
‘‘(4) REIMBURSEMENT ELIGIBILITY FOR EARLY 
RELOCATION
PRIOR
TO
TRANSPORTATION
PROJECT 
ENVIRONMENTAL REVIEW PROCESS.— 
‘‘(A) IN GENERAL.—In addition to the re-
quirements under paragraphs (1) through (3), a 
State may carry out, at the expense of the State, 
an early utility relocation project for a transpor-
tation project before completion of the environ-
mental review process for the transportation 
project. 
‘‘(B) 
REQUIREMENTS
FOR
REIMBURSE-
MENT.—Funds apportioned to a State under this 
title may be used to pay the costs incurred by the 
State for an early utility relocation project only 
if the State demonstrates to the Secretary, and 
the Secretary finds that—
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† HR 3684 EAS 
‘‘(i) the early utility relocation project 
is necessary to accommodate a transpor-
tation project; 
‘‘(ii) the State provides adequate docu-
mentation to the Secretary of eligible costs 
incurred by the State for the early utility 
relocation project; 
‘‘(iii) before the commencement of the 
utility relocation activities, an environ-
mental review process was completed for the 
early utility relocation project that resulted 
in a finding that the early utility relocation 
project— 
‘‘(I) would not result in signifi-
cant adverse environmental impacts; 
and 
‘‘(II) would comply with other ap-
plicable Federal environmental re-
quirements; 
‘‘(iv) the early utility relocation project 
did not influence— 
‘‘(I) the environmental review 
process for the transportation project;
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† HR 3684 EAS 
‘‘(II) the decision relating to the 
need to construct the transportation 
project; or 
‘‘(III) the selection of the trans-
portation project design or location; 
‘‘(v) the early utility relocation project 
complies with all applicable provisions of 
law, including regulations issued pursuant 
to this title; 
‘‘(vi) the early utility relocation project 
follows applicable financial procedures and 
requirements, including documentation of 
eligible costs and the requirements under 
section 109(l), but not including require-
ments applicable to authorization and obli-
gation of Federal funds; 
‘‘(vii) the transportation project for 
which the early utility relocation project 
was necessitated was included in the appli-
cable transportation improvement program 
under section 134 or 135; 
‘‘(viii) before the cost incurred by a 
State is approved for Federal participation, 
environmental compliance pursuant to the 
National Environmental Policy Act of 1969
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† HR 3684 EAS 
(42 U.S.C. 4321 et seq.) has been completed 
for the transportation project for which the 
early utility relocation project was neces-
sitated; and 
‘‘(ix) the transportation project that 
necessitated the utility relocation activity is 
approved for construction. 
‘‘(C) SAVINGS PROVISION.—Nothing in this 
paragraph affects other eligibility requirements 
or authorities for Federal participation in pay-
ment of costs incurred for utility relocation ac-
tivities. 
‘‘(c) APPLICABILITY OF OTHER PROVISIONS.—Nothing 
in this section affects the applicability of other requirements 
that would otherwise apply to an early utility relocation 
project, including any applicable requirements under— 
‘‘(1) section 138; 
‘‘(2) the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970 (42 U.S.C. 
4601 et seq.), including regulations under part 24 of 
title 49, Code of Federal Regulations (or successor reg-
ulations); 
‘‘(3) title VI of the Civil Rights Act of 1964 (42 
U.S.C. 2000d et seq.); or 
‘‘(4) an environmental review process.’’.
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† HR 3684 EAS 
SEC. 11316. STREAMLINING OF SECTION 4(F) REVIEWS. 
Section 138(a) of title 23, United States Code, is 
amended— 
(1) in the fourth sentence, by striking ‘‘In car-
rying out’’ and inserting the following: 
‘‘(4) STUDIES.—In carrying out’’; 
(2) in the third sentence— 
(A) by striking ‘‘such land, and (2) such 
program’’ and inserting the following: ‘‘the land; 
and 
‘‘(B) the program’’; 
(B) by striking ‘‘unless (1) there is’’ and in-
serting the following: ‘‘unless— 
‘‘(A) there is’’; and 
(C) by striking ‘‘After the’’ and inserting 
the following: 
‘‘(3) REQUIREMENT.—After the’’; 
(3) in the second sentence— 
(A) by striking ‘‘The Secretary of Transpor-
tation’’ and inserting the following: 
‘‘(2) COOPERATION AND CONSULTATION.— 
‘‘(A) IN GENERAL.—The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(B) TIMELINE FOR APPROVALS.— 
‘‘(i) 
IN
GENERAL.—The 
Secretary 
shall—
292 
† HR 3684 EAS 
‘‘(I) provide an evaluation under 
this section to the Secretaries described 
in subparagraph (A); and 
‘‘(II) provide a period of 30 days 
for receipt of comments. 
‘‘(ii) ASSUMED
ACCEPTANCE.—If the 
Secretary does not receive comments by 15 
days after the deadline under clause (i)(II), 
the Secretary shall assume a lack of objec-
tion and proceed with the action. 
‘‘(C) EFFECT.—Nothing in subparagraph 
(B) affects— 
‘‘(i) the requirements under— 
‘‘(I) subsections (b) through (f); or 
‘‘(II) 
the 
consultation 
process 
under section 306108 of title 54; or 
‘‘(ii) programmatic section 4(f) evalua-
tions, as described in regulations issued by 
the Secretary.’’; and 
(4) in the first sentence, by striking ‘‘It is de-
clared to be’’ and inserting the following: 
‘‘(1) IN GENERAL.—It is’’.
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† HR 3684 EAS 
SEC. 11317. CATEGORICAL EXCLUSION FOR PROJECTS OF 
LIMITED FEDERAL ASSISTANCE. 
Section 1317(1) of MAP–21 (23 U.S.C. 109 note; Pub-
lic Law 112–141) is amended— 
(1) 
in 
subparagraph 
(A), 
by 
striking 
‘‘$5,000,000’’ and inserting ‘‘$6,000,000’’; and 
(2) 
in 
subparagraph 
(B), 
by 
striking 
‘‘$30,000,000’’ and inserting ‘‘$35,000,000’’. 
SEC. 11318. CERTAIN GATHERING LINES LOCATED ON FED-
ERAL LAND AND INDIAN LAND. 
(a) DEFINITIONS.—In this section: 
(1) FEDERAL LAND.— 
(A) IN GENERAL.—The term ‘‘Federal land’’ 
means land the title to which is held by the 
United States. 
(B) 
EXCLUSIONS.—The 
term 
‘‘Federal 
land’’ does not include— 
(i) a unit of the National Park Sys-
tem; 
(ii) a unit of the National Wildlife 
Refuge System; 
(iii) a component of the National Wil-
derness Preservation System; 
(iv) a wilderness study area within the 
National Forest System; or 
(v) Indian land.
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† HR 3684 EAS 
(2) GATHERING
LINE
AND
ASSOCIATED
FIELD 
COMPRESSION OR PUMPING UNIT.— 
(A) IN GENERAL.—The term ‘‘gathering line 
and associated field compression or pumping 
unit’’ means— 
(i) a pipeline that is installed to trans-
port oil, natural gas and related constitu-
ents, or produced water from 1 or more 
wells drilled and completed to produce oil or 
gas; and 
(ii) if necessary, 1 or more compressors 
or pumps to raise the pressure of the trans-
ported oil, natural gas and related constitu-
ents, or produced water to higher pressures 
necessary to enable the oil, natural gas and 
related constituents, or produced water to 
flow into pipelines and other facilities. 
(B) INCLUSIONS.—The term ‘‘gathering line 
and associated field compression or pumping 
unit’’ includes a pipeline or associated compres-
sion or pumping unit that is installed to trans-
port oil or natural gas from a processing plant 
to a common carrier pipeline or facility. 
(C) EXCLUSIONS.—The term ‘‘gathering 
line and associated field compression or pump-
295 
† HR 3684 EAS 
ing unit’’ does not include a common carrier 
pipeline. 
(3) INDIAN
LAND.—The term ‘‘Indian land’’ 
means land the title to which is held by— 
(A) the United States in trust for an In-
dian Tribe or an individual Indian; or 
(B) an Indian Tribe or an individual In-
dian subject to a restriction by the United States 
against alienation. 
(4) PRODUCED
WATER.—The term ‘‘produced 
water’’ means water produced from an oil or gas well 
bore that is not a fluid prepared at, or transported 
to, the well site to resolve a specific oil or gas well 
bore or reservoir condition. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(b) CERTAIN GATHERING LINES.— 
(1) IN GENERAL.—Subject to paragraph (2), the 
issuance of a sundry notice or right-of-way for a 
gathering line and associated field compression or 
pumping unit that is located on Federal land or In-
dian land and that services any oil or gas well may 
be considered by the Secretary to be an action that is 
categorically excluded (as defined in section 1508.1 of 
title 40, Code of Federal Regulations (as in effect on
296 
† HR 3684 EAS 
the date of enactment of this Act)) for purposes of the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) if the gathering line and associ-
ated field compression or pumping unit— 
(A) are within a field or unit for which an 
approved land use plan or an environmental 
document prepared pursuant to the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) analyzed transportation of oil, nat-
ural gas, or produced water from 1 or more oil 
or gas wells in the field or unit as a reasonably 
foreseeable activity; 
(B) are located adjacent to or within— 
(i) any existing disturbed area; or 
(ii) an existing corridor for a right-of- 
way; and 
(C) would reduce— 
(i) in the case of a gathering line and 
associated field compression or pumping 
unit transporting methane, the total quan-
tity of methane that would otherwise be 
vented, flared, or unintentionally emitted 
from the field or unit; or 
(ii) in the case of a gathering line and 
associated field compression or pumping
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unit not transporting methane, the vehic-
ular traffic that would otherwise service the 
field or unit. 
(2) APPLICABILITY.—Paragraph (1) shall apply 
to Indian land, or a portion of Indian land— 
(A) to which the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) ap-
plies; and 
(B) for which the Indian Tribe with juris-
diction over the Indian land submits to the Sec-
retary a written request that paragraph (1) 
apply to that Indian land (or portion of Indian 
land). 
(c) EFFECT ON OTHER LAW.—Nothing in this sec-
tion— 
(1) affects or alters any requirement— 
(A) relating to prior consent under— 
(i) section 2 of the Act of February 5, 
1948 (62 Stat. 18, chapter 45; 25 U.S.C. 
324); or 
(ii) section 16(e) of the Act of June 18, 
1934 (48 Stat. 987, chapter 576; 102 Stat. 
2939; 114 Stat. 47; 25 U.S.C. 5123(e)) 
(commonly known as the ‘‘Indian Reorga-
nization Act’’);
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(B) under section 306108 of title 54, United 
States Code; or 
(C) under any other Federal law (including 
regulations) relating to Tribal consent for rights- 
of-way across Indian land; or 
(2) makes the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) applicable to 
land to which that Act otherwise would not apply. 
SEC. 11319. ANNUAL REPORT. 
(a) DEFINITION OF COVERED PROJECT.—In this sec-
tion, the term ‘‘covered project’’ means a project or activity 
carried out with funds provided by the Department, includ-
ing a project carried out under title 23 or 49, United States 
Code— 
(1) that is more than 5 years behind schedule; or 
(2) for which the total amount spent on the 
project or activity is not less than $1,000,000,000 
more than the original cost estimate for the project or 
activity. 
(b) REQUIREMENT.—Not later than 1 year after the 
date of enactment of this Act, and annually thereafter, the 
Secretary shall submit to Congress a report on covered 
projects of the Department, which shall include, for each 
covered project—
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(1) a brief description of the covered project, in-
cluding— 
(A) the purpose of the covered project; 
(B) each location in which the covered 
project is carried out; 
(C) the contract or award number of the 
covered project, if applicable; 
(D) the year in which the covered project 
was initiated; 
(E) the Federal share of the total cost of the 
covered project; and 
(F) each primary contractor, subcontractor, 
grant recipient, and subgrantee recipient of the 
covered project; 
(2) an explanation of any change to the original 
scope of the covered project, including by the addition 
or narrowing of the initial requirements of the cov-
ered project; 
(3) the original expected date for completion of 
the covered project; 
(4) the current expected date for completion of 
the covered project; 
(5) the original cost estimate for the covered 
project, as adjusted to reflect increases in the Con-
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sumer Price Index for All Urban Consumers, as pub-
lished by the Bureau of Labor Statistics; 
(6) the current cost estimate for the covered 
project, as adjusted to reflect increases in the Con-
sumer Price Index for All Urban Consumers, as pub-
lished by the Bureau of Labor Statistics; 
(7) an explanation for a delay in completion or 
an increase in the original cost estimate for the cov-
ered project, including, where applicable, any impact 
of insufficient or delayed appropriations; and 
(8) the amount of and rationale for any award, 
incentive fee, or other type of bonus, if any, awarded 
for the covered project. 
Subtitle D—Climate Change 
SEC. 11401. GRANTS FOR CHARGING AND FUELING INFRA-
STRUCTURE. 
(a) PURPOSE.—The purpose of this section is to estab-
lish a grant program to strategically deploy publicly acces-
sible electric vehicle charging infrastructure, hydrogen fuel-
ing infrastructure, propane fueling infrastructure, and nat-
ural gas fueling infrastructure along designated alternative 
fuel corridors or in certain other locations that will be ac-
cessible to all drivers of electric vehicles, hydrogen vehicles, 
propane vehicles, and natural gas vehicles.
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(b) GRANT PROGRAM.—Section 151 of title 23, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Not later than 1 year after 
the date of enactment of the FAST Act, the Sec-
retary shall’’ and inserting ‘‘The Secretary shall 
periodically’’; and 
(B) by striking ‘‘to improve the mobility’’ 
and inserting ‘‘to support changes in the trans-
portation sector that help achieve a reduction in 
greenhouse gas emissions and improve the mobil-
ity’’; 
(2) in subsection (b)(2), by inserting ‘‘previously 
designated by the Federal Highway Administration 
or’’ before ‘‘designated by’’; 
(3) by striking subsection (d) and inserting the 
following: 
‘‘(d) REDESIGNATION.— 
‘‘(1) INITIAL REDESIGNATION.—Not later than 
180 days after the date of enactment of the Surface 
Transportation Reauthorization Act of 2021, the Sec-
retary shall update and redesignate the corridors 
under subsection (a). 
‘‘(2) SUBSEQUENT
REDESIGNATION.—The Sec-
retary shall establish a recurring process to regularly
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update and redesignate the corridors under subsection 
(a).’’; 
(4) in subsection (e)— 
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2)— 
(i) by striking ‘‘establishes an aspira-
tional goal of achieving’’ and inserting ‘‘de-
scribes efforts, including through funds 
awarded through the grant program under 
subsection (f), that will aid efforts to 
achieve’’; and 
(ii) by striking ‘‘by the end of fiscal 
year 2020.’’ and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) summarizes best practices and provides 
guidance, developed through consultation with the 
Secretary of Energy, for project development of elec-
tric vehicle charging infrastructure, hydrogen fueling 
infrastructure, propane fueling infrastructure and 
natural gas fueling infrastructure at the State, Trib-
al, and local level to allow for the predictable deploy-
ment of that infrastructure.’’; and 
(5) by adding at the end the following: 
‘‘(f) GRANT PROGRAM.—
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‘‘(1) DEFINITION OF PRIVATE ENTITY.—In this 
subsection, the term ‘private entity’ means a corpora-
tion, partnership, company, or nonprofit organiza-
tion. 
‘‘(2) ESTABLISHMENT.—Not later than 1 year 
after the date of enactment of the Surface Transpor-
tation Reauthorization Act of 2021, the Secretary 
shall establish a grant program to award grants to el-
igible entities to carry out the activities described in 
paragraph (6). 
‘‘(3) ELIGIBLE ENTITIES.—An entity eligible to 
receive a grant under this subsection is— 
‘‘(A) a State or political subdivision of a 
State; 
‘‘(B) a metropolitan planning organization; 
‘‘(C) a unit of local government; 
‘‘(D) a special purpose district or public 
authority with a transportation function, includ-
ing a port authority; 
‘‘(E) an Indian tribe (as defined in section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)); 
‘‘(F) a territory of the United States; 
‘‘(G) an authority, agency, or instrumen-
tality of, or an entity owned by, 1 or more enti-
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ties described in subparagraphs (A) through (F); 
or 
‘‘(H) a group of entities described in sub-
paragraphs (A) through (G). 
‘‘(4) APPLICATIONS.—To be eligible to receive a 
grant under this subsection, an eligible entity shall 
submit to the Secretary an application at such time, 
in such manner, and containing such information as 
the Secretary shall require, including— 
‘‘(A) a description of how the eligible entity 
has considered— 
‘‘(i) public accessibility of charging or 
fueling infrastructure proposed to be funded 
with a grant under this subsection, includ-
ing— 
‘‘(I) charging or fueling connector 
types and publicly available informa-
tion on real-time availability; and 
‘‘(II) payment methods to ensure 
secure, convenient, fair, and equal ac-
cess; 
‘‘(ii) collaborative engagement with 
stakeholders (including automobile manu-
facturers, utilities, infrastructure providers, 
technology providers, electric charging, hy-
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drogen, propane, and natural gas fuel pro-
viders, metropolitan planning organiza-
tions, States, Indian tribes, and units of 
local governments, fleet owners, fleet man-
agers, fuel station owners and operators, 
labor organizations, infrastructure construc-
tion and component parts suppliers, and 
multi-State and regional entities)— 
‘‘(I) to foster enhanced, coordi-
nated, public-private or private invest-
ment in electric vehicle charging infra-
structure, hydrogen fueling infrastruc-
ture, propane fueling infrastructure, or 
natural gas fueling infrastructure; 
‘‘(II) to expand deployment of 
electric vehicle charging infrastructure, 
hydrogen fueling infrastructure, pro-
pane fueling infrastructure, or natural 
gas fueling infrastructure; 
‘‘(III) to protect personal privacy 
and ensure cybersecurity; and 
‘‘(IV) to ensure that a properly 
trained workforce is available to con-
struct and install electric vehicle charg-
ing infrastructure, hydrogen fueling
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infrastructure, propane fueling infra-
structure, or natural gas fueling infra-
structure; 
‘‘(iii) the location of the station or 
fueling site, such as consideration of— 
‘‘(I) the availability of onsite 
amenities for vehicle operators, such as 
restrooms or food facilities; 
‘‘(II) access in compliance with 
the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); 
‘‘(III) height and fueling capacity 
requirements for facilities that charge 
or refuel large vehicles, such as semi- 
trailer trucks; and 
‘‘(IV) appropriate distribution to 
avoid redundancy and fill charging or 
fueling gaps; 
‘‘(iv) infrastructure installation that 
can be responsive to technology advance-
ments, such as accommodating autonomous 
vehicles, vehicle-to-grid technology, and fu-
ture charging methods; and 
‘‘(v) the long-term operation and 
maintenance of the electric vehicle charging
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infrastructure, hydrogen fueling infrastruc-
ture, propane fueling infrastructure, or nat-
ural gas fueling infrastructure, to avoid 
stranded assets and protect the investment 
of public funds in that infrastructure; and 
‘‘(B) an assessment of the estimated emis-
sions that will be reduced through the use of elec-
tric vehicle charging infrastructure, hydrogen 
fueling infrastructure, propane fueling infra-
structure, or natural gas fueling infrastructure, 
which shall be conducted using the Alternative 
Fuel Life-Cycle Environmental and Economic 
Transportation (AFLEET) tool developed by Ar-
gonne National Laboratory (or a successor tool). 
‘‘(5) CONSIDERATIONS.—In selecting eligible en-
tities to receive a grant under this subsection, the Sec-
retary shall— 
‘‘(A) consider the extent to which the appli-
cation of the eligible entity would— 
‘‘(i) improve alternative fueling cor-
ridor networks by— 
‘‘(I) converting corridor-pending 
corridors to corridor-ready corridors; 
or
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‘‘(II) in the case of corridor-ready 
corridors, providing redundancy— 
‘‘(aa) to meet excess demand 
for charging or fueling infrastruc-
ture; or 
‘‘(bb) to reduce congestion at 
existing charging or fueling infra-
structure in high-traffic locations; 
‘‘(ii) meet current or anticipated mar-
ket demands for charging or fueling infra-
structure; 
‘‘(iii) enable or accelerate the construc-
tion of charging or fueling infrastructure 
that would be unlikely to be completed with-
out Federal assistance; 
‘‘(iv) support a long-term competitive 
market for electric vehicle charging infra-
structure, hydrogen fueling infrastructure, 
propane fueling infrastructure, or natural 
gas fueling infrastructure that does not sig-
nificantly impair existing electric vehicle 
charging infrastructure, hydrogen fueling 
infrastructure, propane fueling infrastruc-
ture, or natural gas fueling infrastructure 
providers;
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‘‘(v) provide access to electric vehicle 
charging infrastructure, hydrogen fueling 
infrastructure, propane fueling infrastruc-
ture, or natural gas fueling infrastructure 
in areas with a current or forecasted need; 
and 
‘‘(vi) deploy electric vehicle charging 
infrastructure, hydrogen fueling infrastruc-
ture, propane fueling infrastructure, or nat-
ural gas fueling infrastructure for medium- 
and heavy-duty vehicles (including along 
the National Highway Freight Network es-
tablished under section 167(c)) and in prox-
imity to intermodal transfer stations; 
‘‘(B) ensure, to the maximum extent prac-
ticable, geographic diversity among grant recipi-
ents to ensure that electric vehicle charging in-
frastructure, hydrogen fueling infrastructure, 
propane fueling infrastructure, or natural gas 
fueling infrastructure is available throughout the 
United States; 
‘‘(C) consider whether the private entity 
that the eligible entity contracts with under 
paragraph (6)—
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‘‘(i) submits to the Secretary the most 
recent year of audited financial statements; 
and 
‘‘(ii) has experience in installing and 
operating electric vehicle charging infra-
structure, hydrogen fueling infrastructure, 
propane fueling infrastructure, or natural 
gas fueling infrastructure; and 
‘‘(D) consider whether, to the maximum ex-
tent practicable, the eligible entity and the pri-
vate entity that the eligible entity contracts with 
under paragraph (6) enter into an agreement— 
‘‘(i) to operate and maintain publicly 
available electric vehicle charging infra-
structure, hydrogen fueling infrastructure, 
propane fueling infrastructure, or natural 
gas infrastructure; and 
‘‘(ii) that provides a remedy and an 
opportunity to cure if the requirements de-
scribed in clause (i) are not met. 
‘‘(6) USE OF FUNDS.— 
‘‘(A) IN GENERAL.—An eligible entity re-
ceiving a grant under this subsection shall only 
use the funds in accordance with this paragraph 
to contract with a private entity for acquisition
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and installation of publicly accessible electric ve-
hicle charging infrastructure, hydrogen fueling 
infrastructure, propane fueling infrastructure, or 
natural gas fueling infrastructure that is directly 
related to the charging or fueling of a vehicle. 
‘‘(B) LOCATION OF INFRASTRUCTURE.—Any 
publicly accessible electric vehicle charging infra-
structure, hydrogen fueling infrastructure, pro-
pane fueling infrastructure, or natural gas fuel-
ing infrastructure acquired and installed with a 
grant under this subsection shall be located along 
an alternative fuel corridor designated under 
this section, on the condition that any affected 
Indian tribes are consulted before the designa-
tion. 
‘‘(C) OPERATING ASSISTANCE.— 
‘‘(i) IN GENERAL.—Subject to clauses 
(ii) and (iii), an eligible entity that receives 
a grant under this subsection may use a 
portion of the funds to provide to a private 
entity operating assistance for the first 5 
years of operations after the installation of 
publicly available electric vehicle charging 
infrastructure, hydrogen fueling infrastruc-
ture, propane fueling infrastructure, or nat-
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ural gas fueling infrastructure while the fa-
cility transitions to independent system op-
erations. 
‘‘(ii) INCLUSIONS.—Operating assist-
ance under this subparagraph shall be lim-
ited to costs allocable to operating and 
maintaining the electric vehicle charging 
infrastructure, hydrogen fueling infrastruc-
ture, propane fueling infrastructure, or nat-
ural gas fueling infrastructure and service. 
‘‘(iii) LIMITATION.—Operating assist-
ance under this subparagraph may not ex-
ceed the amount of a contract under sub-
paragraph (A) to acquire and install pub-
licly accessible electric vehicle charging in-
frastructure, hydrogen fueling infrastruc-
ture, propane fueling infrastructure, or nat-
ural gas fueling infrastructure. 
‘‘(D) TRAFFIC CONTROL DEVICES.— 
‘‘(i) IN
GENERAL.—Subject to this 
paragraph, an eligible entity that receives a 
grant under this subsection may use a por-
tion of the funds to acquire and install traf-
fic control devices located in the right-of- 
way to provide directional information to
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publicly accessible electric vehicle charging 
infrastructure, hydrogen fueling infrastruc-
ture, propane fueling infrastructure, or nat-
ural gas fueling infrastructure acquired, in-
stalled, or operated with the grant. 
‘‘(ii) APPLICABILITY.—Clause (i) shall 
apply only to an eligible entity that— 
‘‘(I) receives a grant under this 
subsection; and 
‘‘(II) is using that grant for the 
acquisition and installation of publicly 
accessible electric vehicle charging in-
frastructure, hydrogen fueling infra-
structure, propane fueling infrastruc-
ture, or natural gas fueling infrastruc-
ture. 
‘‘(iii) LIMITATION
ON
AMOUNT.—The 
amount of funds used to acquire and install 
traffic control devices under clause (i) may 
not exceed the amount of a contract under 
subparagraph (A) to acquire and install 
publicly accessible charging or fueling in-
frastructure. 
‘‘(iv) NO NEW AUTHORITY CREATED.— 
Nothing in this subparagraph authorizes an
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eligible entity that receives a grant under 
this subsection to acquire and install traffic 
control devices if the entity is not otherwise 
authorized to do so. 
‘‘(E) REVENUE.— 
‘‘(i) IN GENERAL.—An eligible entity 
receiving a grant under this subsection and 
a private entity referred to in subparagraph 
(A) may enter into a cost-sharing agree-
ment under which the private entity sub-
mits to the eligible entity a portion of the 
revenue from the electric vehicle charging 
infrastructure, hydrogen fueling infrastruc-
ture, propane fueling infrastructure, or nat-
ural gas fueling infrastructure. 
‘‘(ii) USES OF REVENUE.—An eligible 
entity that receives revenue from a cost- 
sharing agreement under clause (i) may 
only use that revenue for a project that is 
eligible under this title. 
‘‘(7) CERTAIN
FUELS.—The use of grants for 
propane fueling infrastructure under this subsection 
shall be limited to infrastructure for medium- and 
heavy-duty vehicles. 
‘‘(8) COMMUNITY GRANTS.—
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† HR 3684 EAS 
‘‘(A) IN GENERAL.—Notwithstanding para-
graphs (4), (5), and (6), the Secretary shall re-
serve 50 percent of the amounts made available 
each fiscal year to carry out this section to pro-
vide grants to eligible entities in accordance with 
this paragraph. 
‘‘(B) APPLICATIONS.—To be eligible to re-
ceive a grant under this paragraph, an eligible 
entity shall submit to the Secretary an applica-
tion at such time, in such manner, and con-
taining such information as the Secretary may 
require. 
‘‘(C) ELIGIBLE ENTITIES.—An entity eligi-
ble to receive a grant under this paragraph is— 
‘‘(i) an entity described in paragraph 
(3); and 
‘‘(ii) a State or local authority with 
ownership of publicly accessible transpor-
tation facilities. 
‘‘(D) ELIGIBLE PROJECTS.—The Secretary 
may provide a grant under this paragraph for 
a project that is expected to reduce greenhouse 
gas emissions and to expand or fill gaps in ac-
cess to publicly accessible electric vehicle charg-
ing infrastructure, hydrogen fueling infrastruc-
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† HR 3684 EAS 
ture, propane fueling infrastructure, or natural 
gas fueling infrastructure, including— 
‘‘(i) development phase activities, in-
cluding planning, feasibility analysis, rev-
enue forecasting, environmental review, pre-
liminary engineering and design work, and 
other preconstruction activities; and 
‘‘(ii) the acquisition and installation of 
electric vehicle charging infrastructure, hy-
drogen fueling infrastructure, propane fuel-
ing infrastructure, or natural gas fueling 
infrastructure that is directly related to the 
charging or fueling of a vehicle, including 
any related construction or reconstruction 
and the acquisition of real property directly 
related to the project, such as locations de-
scribed in subparagraph (E), to expand ac-
cess to electric vehicle charging infrastruc-
ture, hydrogen fueling infrastructure, pro-
pane fueling infrastructure, or natural gas 
fueling infrastructure. 
‘‘(E) PROJECT LOCATIONS.—A project re-
ceiving a grant under this paragraph may be lo-
cated on any public road or in other publicly ac-
cessible locations, such as parking facilities at
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† HR 3684 EAS 
public buildings, public schools, and public 
parks, or in publicly accessible parking facilities 
owned or managed by a private entity. 
‘‘(F) PRIORITY.—In providing grants under 
this paragraph, the Secretary shall give priority 
to projects that expand access to electric vehicle 
charging infrastructure, hydrogen fueling infra-
structure, propane fueling infrastructure, or nat-
ural gas fueling infrastructure within— 
‘‘(i) rural areas; 
‘‘(ii) low- and moderate-income neigh-
borhoods; and 
‘‘(iii) communities with a low ratio of 
private parking spaces to households or a 
high ratio of multiunit dwellings to single 
family homes, as determined by the Sec-
retary. 
‘‘(G) 
ADDITIONAL
CONSIDERATIONS.—In 
providing grants under this paragraph, the Sec-
retary shall consider the extent to which the 
project— 
‘‘(i) contributes to geographic diversity 
among eligible entities, including achieving 
a balance between urban and rural commu-
nities; and
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† HR 3684 EAS 
‘‘(ii) meets current or anticipated mar-
ket demands for charging or fueling infra-
structure, including faster charging speeds 
with high-powered capabilities necessary to 
minimize the time to charge or refuel cur-
rent and anticipated vehicles. 
‘‘(H) PARTNERING
WITH
PRIVATE
ENTI-
TIES.—An eligible entity that receives a grant 
under this paragraph may use the grant funds 
to contract with a private entity for the acquisi-
tion, construction, installation, maintenance, or 
operation of electric vehicle charging infrastruc-
ture, hydrogen fueling infrastructure, propane 
fueling infrastructure, or natural gas fueling in-
frastructure that is directly related to the charg-
ing or fueling of a vehicle. 
‘‘(I) 
MAXIMUM
GRANT
AMOUNT.—The 
amount of a grant under this paragraph shall 
not be more than $15,000,000. 
‘‘(J) 
TECHNICAL
ASSISTANCE.—Of 
the 
amounts reserved under subparagraph (A), the 
Secretary may use not more than 1 percent to 
provide technical assistance to eligible entities. 
‘‘(K) ADDITIONAL ACTIVITIES.—The recipi-
ent of a grant under this paragraph may use not
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† HR 3684 EAS 
more than 5 percent of the grant funds on edu-
cational and community engagement activities 
to develop and implement education programs 
through partnerships with schools, community 
organizations, and vehicle dealerships to support 
the use of zero-emission vehicles and associated 
infrastructure. 
‘‘(9) REQUIREMENTS.— 
‘‘(A) 
PROJECT
TREATMENT.—Notwith-
standing any other provision of law, any project 
funded by a grant under this subsection shall be 
treated as a project on a Federal-aid highway 
under this chapter. 
‘‘(B) SIGNS.—Any traffic control device or 
on-premises sign acquired, installed, or operated 
with a grant under this subsection shall comply 
with— 
‘‘(i) the Manual on Uniform Traffic 
Control Devices, if located in the right-of- 
way; and 
‘‘(ii) other provisions of Federal, State, 
and local law, as applicable. 
‘‘(10) FEDERAL SHARE.— 
‘‘(A) IN GENERAL.—The Federal share of 
the cost of a project carried out with a grant
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† HR 3684 EAS 
under this subsection shall not exceed 80 percent 
of the total project cost. 
‘‘(B) RESPONSIBILITY
OF
PRIVATE
ENTI-
TY.—As a condition of contracting with an eligi-
ble entity under paragraph (6) or (8), a private 
entity shall agree to pay the share of the cost of 
a project carried out with a grant under this 
subsection that is not paid by the Federal Gov-
ernment under subparagraph (A). 
‘‘(11) REPORT.—Not later than 3 years after the 
date of enactment of this subsection, the Secretary 
shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives and make publicly available a report 
on the progress and implementation of this sub-
section.’’. 
SEC. 11402. REDUCTION OF TRUCK EMISSIONS AT PORT FA-
CILITIES. 
(a) ESTABLISHMENT OF PROGRAM.— 
(1) IN GENERAL.—The Secretary shall establish 
a program to reduce idling at port facilities, under 
which the Secretary shall— 
(A) study how ports and intermodal port 
transfer facilities would benefit from increased
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opportunities to reduce emissions at ports, in-
cluding through the electrification of port oper-
ations; 
(B) study emerging technologies and strate-
gies that may help reduce port-related emissions 
from idling trucks; and 
(C) coordinate and provide funding to test, 
evaluate, and deploy projects that reduce port-re-
lated emissions from idling trucks, including 
through the advancement of port electrification 
and improvements in efficiency, focusing on port 
operations, including heavy-duty commercial ve-
hicles, and other related projects. 
(2) CONSULTATION.—In carrying out the pro-
gram under this subsection, the Secretary may con-
sult with the Secretary of Energy and the Adminis-
trator of the Environmental Protection Agency. 
(b) GRANTS.— 
(1) IN
GENERAL.—In carrying out subsection 
(a)(1)(C), the Secretary shall award grants to fund 
projects that reduce emissions at ports, including 
through the advancement of port electrification. 
(2) COST SHARE.—A grant awarded under para-
graph (1) shall not exceed 80 percent of the total cost 
of the project funded by the grant.
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† HR 3684 EAS 
(3) COORDINATION.—In carrying out the grant 
program under this subsection, the Secretary shall— 
(A) to the maximum extent practicable, le-
verage existing resources and programs of the 
Department and other relevant Federal agencies; 
and 
(B) coordinate with other Federal agencies, 
as the Secretary determines to be appropriate. 
(4) APPLICATION; SELECTION.— 
(A) APPLICATION.—The Secretary shall so-
licit applications for grants under paragraph (1) 
at such time, in such manner, and containing 
such information as the Secretary determines to 
be necessary. 
(B) SELECTION.—The Secretary shall make 
grants under paragraph (1) by not later than 
April 1 of each fiscal year for which funding is 
made available. 
(5) REQUIREMENT.—Notwithstanding any other 
provision of law, any project funded by a grant under 
this subsection shall be treated as a project on a Fed-
eral-aid highway under chapter 1 of title 23, United 
States Code. 
(c) REPORT.—Not later than 1 year after the date on 
which all of the projects funded with a grant under sub-
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† HR 3684 EAS 
section (b) are completed, the Secretary shall submit to Con-
gress a report that includes— 
(1) the findings of the studies described in sub-
paragraphs (A) and (B) of subsection (a)(1); 
(2) the results of the projects that received a 
grant under subsection (b); 
(3) any recommendations for workforce develop-
ment and training opportunities with respect to port 
electrification; and 
(4) any policy recommendations based on the 
findings and results described in paragraphs (1) and 
(2). 
SEC. 11403. CARBON REDUCTION PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United States 
Code (as amended by section 11203(a)), is amended by add-
ing at the end the following: 
‘‘§ 175. Carbon reduction program 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) METROPOLITAN
PLANNING
ORGANIZATION; 
URBANIZED
AREA.—The terms ‘metropolitan plan-
ning organization’ and ‘urbanized area’ have the 
meaning given those terms in section 134(b). 
‘‘(2) TRANSPORTATION
EMISSIONS.—The term 
‘transportation emissions’ means carbon dioxide emis-
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† HR 3684 EAS 
sions from on-road highway sources of those emissions 
within a State. 
‘‘(3) TRANSPORTATION
MANAGEMENT
AREA.— 
The term ‘transportation management area’ means a 
transportation management area identified or des-
ignated by the Secretary under section 134(k)(1). 
‘‘(b) ESTABLISHMENT.—The Secretary shall establish 
a carbon reduction program to reduce transportation emis-
sions. 
‘‘(c) ELIGIBLE PROJECTS.— 
‘‘(1) IN
GENERAL.—Subject to paragraph (2), 
funds apportioned to a State under section 104(b)(7) 
may be obligated for projects to support the reduction 
of transportation emissions, including— 
‘‘(A) a project described in section 149(b)(4) 
to establish or operate a traffic monitoring, man-
agement, and control facility or program, in-
cluding advanced truck stop electrification sys-
tems; 
‘‘(B) a public transportation project that is 
eligible for assistance under section 142; 
‘‘(C) 
a 
project 
described 
in 
section 
101(a)(29) (as in effect on the day before the 
date of enactment of the FAST Act (Public Law 
114–94; 129 Stat. 1312)), including the con-
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struction, planning, and design of on-road and 
off-road trail facilities for pedestrians, bicyclists, 
and other nonmotorized forms of transportation; 
‘‘(D) 
a 
project 
described 
in 
section 
503(c)(4)(E) for advanced transportation and 
congestion management technologies; 
‘‘(E) a project for the deployment of infra-
structure-based intelligent transportation systems 
capital improvements and the installation of ve-
hicle-to-infrastructure 
communications 
equip-
ment, including retrofitting dedicated short- 
range communications (DSRC) technology de-
ployed as part of an existing pilot program to 
cellular 
vehicle-to-everything 
(C–V2X) 
tech-
nology; 
‘‘(F) a project to replace street lighting and 
traffic control devices with energy-efficient alter-
natives; 
‘‘(G) the development of a carbon reduction 
strategy in accordance with subsection (d); 
‘‘(H) a project or strategy that is designed 
to support congestion pricing, shifting transpor-
tation demand to nonpeak hours or other trans-
portation modes, increasing vehicle occupancy 
rates, or otherwise reducing demand for roads,
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including electronic toll collection, and travel de-
mand management strategies and programs; 
‘‘(I) efforts to reduce the environmental and 
community impacts of freight movement; 
‘‘(J) a project to support deployment of al-
ternative fuel vehicles, including— 
‘‘(i) the acquisition, installation, or op-
eration of publicly accessible electric vehicle 
charging infrastructure or hydrogen, nat-
ural gas, or propane vehicle fueling infra-
structure; and 
‘‘(ii) the purchase or lease of zero-emis-
sion construction equipment and vehicles, 
including the acquisition, construction, or 
leasing of required supporting facilities; 
‘‘(K) a project described in section 149(b)(8) 
for a diesel engine retrofit; 
‘‘(L) a project described in section 149(b)(5) 
that does not result in the construction of new 
capacity; and 
‘‘(M) a project that reduces transportation 
emissions at port facilities, including through the 
advancement of port electrification. 
‘‘(2) FLEXIBILITY.—In addition to the eligible 
projects under paragraph (1), a State may use funds
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† HR 3684 EAS 
apportioned under section 104(b)(7) for a project eli-
gible under section 133(b) if the Secretary certifies 
that the State has demonstrated a reduction in trans-
portation emissions— 
‘‘(A) as estimated on a per capita basis; 
and 
‘‘(B) as estimated on a per unit of economic 
output basis. 
‘‘(d) CARBON REDUCTION STRATEGY.— 
‘‘(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of the Surface Transportation 
Reauthorization Act of 2021, a State, in consultation 
with any metropolitan planning organization des-
ignated within the State, shall develop a carbon re-
duction strategy in accordance with this subsection. 
‘‘(2) REQUIREMENTS.—The carbon reduction 
strategy of a State developed under paragraph (1) 
shall— 
‘‘(A) support efforts to reduce transpor-
tation emissions; 
‘‘(B) identify projects and strategies to re-
duce transportation emissions, which may in-
clude projects and strategies for safe, reliable, 
and cost-effective options—
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‘‘(i) to reduce traffic congestion by fa-
cilitating the use of alternatives to single-oc-
cupant vehicle trips, including public trans-
portation facilities, pedestrian facilities, bi-
cycle facilities, and shared or pooled vehicle 
trips within the State or an area served by 
the applicable metropolitan planning orga-
nization, if any; 
‘‘(ii) to facilitate the use of vehicles or 
modes of travel that result in lower trans-
portation emissions per person-mile traveled 
as compared to existing vehicles and modes; 
and 
‘‘(iii) to facilitate approaches to the 
construction of transportation assets that 
result in lower transportation emissions as 
compared to existing approaches; 
‘‘(C) support the reduction of transportation 
emissions of the State; 
‘‘(D) at the discretion of the State, quantify 
the total carbon emissions from the production, 
transport, and use of materials used in the con-
struction of transportation facilities within the 
State; and
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† HR 3684 EAS 
‘‘(E) be appropriate to the population den-
sity and context of the State, including any met-
ropolitan 
planning 
organization 
designated 
within the State. 
‘‘(3) UPDATES.—The carbon reduction strategy 
of a State developed under paragraph (1) shall be up-
dated not less frequently than once every 4 years. 
‘‘(4) REVIEW.—Not later than 90 days after the 
date on which a State submits a request for the ap-
proval of a carbon reduction strategy developed by the 
State under paragraph (1), the Secretary shall— 
‘‘(A) review the process used to develop the 
carbon reduction strategy; and 
‘‘(B)(i) certify that the carbon reduction 
strategy meets the requirements of paragraph 
(2); or 
‘‘(ii) deny certification of the carbon reduc-
tion strategy and specify the actions necessary 
for the State to take to correct the deficiencies in 
the process of the State in developing the carbon 
reduction strategy. 
‘‘(5) TECHNICAL ASSISTANCE.—At the request of 
a State, the Secretary shall provide technical assist-
ance in the development of the carbon reduction strat-
egy under paragraph (1).
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‘‘(e) SUBALLOCATION.— 
‘‘(1) IN GENERAL.—For each fiscal year, of the 
funds apportioned to the State under section 
104(b)(7)— 
‘‘(A) 65 percent shall be obligated, in pro-
portion to their relative shares of the population 
of the State— 
‘‘(i) in urbanized areas of the State 
with an urbanized area population of more 
than 200,000; 
‘‘(ii) in urbanized areas of the State 
with an urbanized population of not less 
than 50,000 and not more than 200,000; 
‘‘(iii) in urban areas of the State with 
a population of not less than 5,000 and not 
more than 49,999; and 
‘‘(iv) in other areas of the State with 
a population of less than 5,000; and 
‘‘(B) the remainder may be obligated in 
any area of the State. 
‘‘(2) METROPOLITAN AREAS.—Funds attributed 
to an urbanized area under paragraph (1)(A)(i) may 
be obligated in the metropolitan area established 
under section 134 that encompasses the urbanized 
area.
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‘‘(3) DISTRIBUTION
AMONG
URBANIZED
AREAS 
OF OVER 50,000 POPULATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the amounts that a State is 
required to obligate under clauses (i) and (ii) of 
paragraph (1)(A) shall be obligated in urbanized 
areas described in those clauses based on the rel-
ative population of the areas. 
‘‘(B) OTHER FACTORS.—The State may ob-
ligate the funds described in subparagraph (A) 
based on other factors if— 
‘‘(i) the State and the relevant metro-
politan 
planning 
organizations 
jointly 
apply to the Secretary for the permission to 
base the obligation on other factors; and 
‘‘(ii) the Secretary grants the request. 
‘‘(4) COORDINATION IN URBANIZED AREAS.—Be-
fore obligating funds for an eligible project under sub-
section (c) in an urbanized area that is not a trans-
portation management area, a State shall coordinate 
with any metropolitan planning organization that 
represents the urbanized area prior to determining 
which activities should be carried out under the 
project.
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† HR 3684 EAS 
‘‘(5) CONSULTATION IN RURAL AREAS.—Before 
obligating funds for an eligible project under sub-
section (c) in a rural area, a State shall consult with 
any regional transportation planning organization or 
metropolitan planning organization that represents 
the rural area prior to determining which activities 
should be carried out under the project. 
‘‘(6) OBLIGATION AUTHORITY.— 
‘‘(A) IN GENERAL.—A State that is required 
to obligate in an urbanized area with an urban-
ized area population of 50,000 or more under 
this subsection funds apportioned to the State 
under section 104(b)(7) shall make available 
during the period of fiscal years 2022 through 
2026 an amount of obligation authority distrib-
uted to the State for Federal-aid highways and 
highway safety construction programs for use in 
the area that is equal to the amount obtained by 
multiplying— 
‘‘(i) the aggregate amount of funds that 
the State is required to obligate in the area 
under this subsection during the period; and 
‘‘(ii) the ratio that— 
‘‘(I) the aggregate amount of obli-
gation authority distributed to the
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† HR 3684 EAS 
State for Federal-aid highways and 
highway safety construction programs 
during the period; bears to 
‘‘(II) the total of the sums appor-
tioned to the State for Federal-aid 
highways and highway safety construc-
tion programs (excluding sums not 
subject to an obligation limitation) 
during the period. 
‘‘(B) JOINT RESPONSIBILITY.—Each State, 
each affected metropolitan planning organiza-
tion, and the Secretary shall jointly ensure com-
pliance with subparagraph (A). 
‘‘(f) FEDERAL SHARE.—The Federal share of the cost 
of a project carried out using funds apportioned to a State 
under section 104(b)(7) shall be determined in accordance 
with section 120. 
‘‘(g) TREATMENT
OF PROJECTS.—Notwithstanding 
any other provision of law, a project assisted under this 
section shall be treated as a project on a Federal-aid high-
way under this chapter.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 of title 23, United States Code (as amended by section 
11203(b)) is amended by inserting after the item relating 
to section 174 the following: 
‘‘175. Carbon reduction program.’’.
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SEC. 11404. CONGESTION RELIEF PROGRAM. 
(a) IN GENERAL.—Section 129 of title 23, United 
States Code, is amended by adding at the end the following: 
‘‘(d) CONGESTION RELIEF PROGRAM.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible 
entity’ means any of the following: 
‘‘(i) A State, for the purpose of car-
rying out a project in an urbanized area 
with a population of more than 1,000,000. 
‘‘(ii) A metropolitan planning organi-
zation, city, or municipality, for the pur-
pose of carrying out a project in an urban-
ized area with a population of more than 
1,000,000. 
‘‘(B) INTEGRATED
CONGESTION
MANAGE-
MENT SYSTEM.—The term ‘integrated congestion 
management system’ means a system for the in-
tegration of management and operations of a re-
gional transportation system that includes, at a 
minimum, traffic incident management, work 
zone management, traffic signal timing, man-
aged lanes, real-time traveler information, and 
active traffic management, in order to maximize 
the capacity of all facilities and modes across the 
applicable region.
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† HR 3684 EAS 
‘‘(C) 
PROGRAM.—The 
term 
‘program’ 
means the congestion relief program established 
under paragraph (2). 
‘‘(2) ESTABLISHMENT.—The Secretary shall es-
tablish a congestion relief program to provide discre-
tionary grants to eligible entities to advance innova-
tive, integrated, and multimodal solutions to conges-
tion relief in the most congested metropolitan areas of 
the United States. 
‘‘(3) PROGRAM GOALS.—The goals of the pro-
gram are to reduce highway congestion, reduce eco-
nomic and environmental costs associated with that 
congestion, including transportation emissions, and 
optimize existing highway capacity and usage of 
highway and transit systems through— 
‘‘(A) improving intermodal integration with 
highways, highway operations, and highway per-
formance; 
‘‘(B) reducing or shifting highway users to 
off-peak travel times or to nonhighway travel 
modes during peak travel times; and 
‘‘(C) pricing of, or based on, as applica-
ble— 
‘‘(i) parking;
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† HR 3684 EAS 
‘‘(ii) use of roadways, including in 
designated geographic zones; or 
‘‘(iii) congestion. 
‘‘(4) ELIGIBLE PROJECTS.—Funds from a grant 
under the program may be used for a project or an 
integrated collection of projects, including planning, 
design, implementation, and construction activities, 
to achieve the program goals under paragraph (3), in-
cluding— 
‘‘(A) deployment and operation of an inte-
grated congestion management system; 
‘‘(B) deployment and operation of a system 
that implements or enforces high occupancy vehi-
cle toll lanes, cordon pricing, parking pricing, or 
congestion pricing; 
‘‘(C) deployment and operation of mobility 
services, including establishing account-based fi-
nancial systems, commuter buses, commuter 
vans, express operations, paratransit, and on-de-
mand microtransit; and 
‘‘(D) incentive programs that encourage 
travelers to carpool, use nonhighway travel 
modes during peak period, or travel during 
nonpeak periods. 
‘‘(5) APPLICATION; SELECTION.—
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† HR 3684 EAS 
‘‘(A) APPLICATION.—To be eligible to re-
ceive a grant under the program, an eligible en-
tity shall submit to the Secretary an application 
at such time, in such manner, and containing 
such information as the Secretary may require. 
‘‘(B) PRIORITY.—In providing grants under 
the program, the Secretary shall give priority to 
projects in urbanized areas that are experiencing 
a high degree of recurrent congestion. 
‘‘(C) FEDERAL SHARE.—The Federal share 
of the cost of a project carried out with a grant 
under the program shall not exceed 80 percent of 
the total project cost. 
‘‘(D) MINIMUM AWARD.—A grant provided 
under the program shall be not less than 
$10,000,000. 
‘‘(6) USE OF TOLLING.— 
‘‘(A) IN
GENERAL.—Notwithstanding sub-
section (a)(1) and section 301 and subject to sub-
paragraphs (B) and (C), the Secretary shall 
allow the use of tolls on the Interstate System as 
part of a project carried out with a grant under 
the program.
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† HR 3684 EAS 
‘‘(B) REQUIREMENTS.—The Secretary may 
only approve the use of tolls under subparagraph 
(A) if— 
‘‘(i) the eligible entity has authority 
under State, and if applicable, local, law to 
assess the applicable toll; 
‘‘(ii) the maximum toll rate for any 
vehicle class is not greater than the product 
obtained by multiplying— 
‘‘(I) the toll rate for any other ve-
hicle class; and 
‘‘(II) 5; 
‘‘(iii) the toll rates are not charged or 
varied on the basis of State residency; 
‘‘(iv) the Secretary determines that the 
use of tolls will enable the eligible entity to 
achieve the program goals under paragraph 
(3) without a significant impact to safety 
or mobility within the urbanized area in 
which the project is located; and 
‘‘(v) the use of toll revenues complies 
with subsection (a)(3). 
‘‘(C) LIMITATION.—The Secretary may not 
approve the use of tolls on the Interstate System
339 
† HR 3684 EAS 
under the program in more than 10 urbanized 
areas. 
‘‘(7) FINANCIAL EFFECTS ON LOW-INCOME DRIV-
ERS.—A project under the program— 
‘‘(A) shall include, if appropriate, an anal-
ysis of the potential effects of the project on low- 
income drivers; and 
‘‘(B) may include mitigation measures to 
deal with any potential adverse financial effects 
on low-income drivers.’’. 
(b) HIGH OCCUPANCY VEHICLE USE
OF CERTAIN 
TOLL FACILITIES.—Section 129(a) of title 23, United 
States Code, is amended— 
(1) by redesignating paragraph (10) as para-
graph (11); and 
(2) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) HIGH OCCUPANCY VEHICLE USE OF CER-
TAIN
TOLL
FACILITIES.—Notwithstanding section 
102(a), in the case of a toll facility that is on the 
Interstate System and that is constructed or converted 
after the date of enactment of the Surface Transpor-
tation Reauthorization Act of 2021, the public author-
ity with jurisdiction over the toll facility shall allow 
high occupancy vehicles, transit, and paratransit ve-
340 
† HR 3684 EAS 
hicles to use the facility at a discount rate or without 
charge, unless the public authority, in consultation 
with the Secretary, determines that the number of 
those vehicles using the facility reduces the travel time 
reliability of the facility.’’. 
SEC. 11405. PROMOTING RESILIENT OPERATIONS FOR 
TRANSFORMATIVE, EFFICIENT, AND COST- 
SAVING TRANSPORTATION (PROTECT) PRO-
GRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United States 
Code (as amended by section 11403(a)), is amended by add-
ing at the end the following: 
‘‘§ 176. Promoting Resilient Operations for Trans-
formative, 
Efficient, 
and 
Cost-saving 
Transportation (PROTECT) program 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) EMERGENCY EVENT.—The term ‘emergency 
event’ means a natural disaster or catastrophic fail-
ure resulting in— 
‘‘(A) an emergency declared by the Governor 
of the State in which the disaster or failure oc-
curred; or 
‘‘(B) an emergency or disaster declared by 
the President.
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† HR 3684 EAS 
‘‘(2) EVACUATION ROUTE.—The term ‘evacuation 
route’ means a transportation route or system that— 
‘‘(A) is owned, operated, or maintained by 
a Federal, State, Tribal, or local government; 
‘‘(B) is used— 
‘‘(i) to transport the public away from 
emergency events; or 
‘‘(ii) to transport emergency responders 
and recovery resources; and 
‘‘(C) is designated by the eligible entity 
with jurisdiction over the area in which the 
route is located for the purposes described in sub-
paragraph (B). 
‘‘(3) PROGRAM.—The term ‘program’ means the 
program established under subsection (b)(1). 
‘‘(4) RESILIENCE IMPROVEMENT.—The term ‘re-
silience improvement’ means the use of materials or 
structural or nonstructural techniques, including nat-
ural infrastructure— 
‘‘(A) that allow a project— 
‘‘(i) to better anticipate, prepare for, 
and adapt to changing conditions and to 
withstand and respond to disruptions; and 
‘‘(ii) to be better able to continue to 
serve the primary function of the project
342 
† HR 3684 EAS 
during and after weather events and nat-
ural disasters for the expected life of the 
project; or 
‘‘(B) that— 
‘‘(i) reduce the magnitude and dura-
tion of impacts of current and future weath-
er events and natural disasters to a project; 
or 
‘‘(ii) have the absorptive capacity, 
adaptive capacity, and recoverability to de-
crease project vulnerability to current and 
future weather events or natural disasters. 
‘‘(b) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
a program, to be known as the ‘Promoting Resilient 
Operations for Transformative, Efficient, and Cost- 
saving Transportation program’ or the ‘PROTECT 
program’. 
‘‘(2) PURPOSE.—The purpose of the program is 
to 
provide 
grants 
for 
resilience 
improvements 
through— 
‘‘(A) formula funding distributed to States 
to carry out subsection (c); 
‘‘(B) competitive planning grants to enable 
communities to assess vulnerabilities to current
343 
† HR 3684 EAS 
and future weather events and natural disasters 
and changing conditions, including sea level rise, 
and plan transportation improvements and 
emergency response strategies to address those 
vulnerabilities; and 
‘‘(C) competitive resilience improvement 
grants to protect— 
‘‘(i) surface transportation assets by 
making the assets more resilient to current 
and future weather events and natural dis-
asters, such as severe storms, flooding, 
drought, levee and dam failures, wildfire, 
rockslides, mudslides, sea level rise, extreme 
weather, including extreme temperature, 
and earthquakes; 
‘‘(ii) communities through resilience 
improvements and strategies that allow for 
the continued operation or rapid recovery of 
surface transportation systems that— 
‘‘(I) serve critical local, regional, 
and national needs, including evacu-
ation routes; and 
‘‘(II) provide access or service to 
hospitals and other medical or emer-
gency service facilities, major employ-
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† HR 3684 EAS 
ers, critical manufacturing centers, 
ports and intermodal facilities, utili-
ties, and Federal facilities; 
‘‘(iii) coastal infrastructure, such as a 
tide gate to protect highways, that is at 
long-term risk to sea level rise; and 
‘‘(iv) natural infrastructure that pro-
tects and enhances surface transportation 
assets while improving ecosystem condi-
tions, including culverts that ensure ade-
quate flows in rivers and estuarine systems. 
‘‘(c) ELIGIBLE ACTIVITIES FOR APPORTIONED FUND-
ING.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), funds apportioned to the State under sec-
tion 104(b)(8) shall be obligated for activities eligible 
under subparagraph (A), (B), or (C) of subsection 
(d)(4). 
‘‘(2) PLANNING SET-ASIDE.—Of the funds appor-
tioned to a State under section 104(b)(8) for each fis-
cal year, not less than 2 percent shall be for activities 
described in subsection (d)(3). 
‘‘(3) REQUIREMENTS.— 
‘‘(A) PROJECTS IN CERTAIN AREAS.—If a 
project under this subsection is carried out, in
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† HR 3684 EAS 
whole or in part, within a base floodplain, the 
State shall— 
‘‘(i) identify the base floodplain in 
which the project is to be located and dis-
close that information to the Secretary; and 
‘‘(ii) indicate to the Secretary whether 
the State plans to implement 1 or more 
components of the risk mitigation plan 
under section 322 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5165) with respect to the 
area. 
‘‘(B) ELIGIBILITIES.—A State shall use 
funds apportioned to the State under section 
104(b)(8) for— 
‘‘(i) a highway project eligible for as-
sistance under this title; 
‘‘(ii) a public transportation facility 
or service eligible for assistance under chap-
ter 53 of title 49; or 
‘‘(iii) a port facility, including a facil-
ity that— 
‘‘(I) connects a port to other 
modes of transportation;
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† HR 3684 EAS 
‘‘(II) improves the efficiency of 
evacuations and disaster relief; or 
‘‘(III) aids transportation. 
‘‘(C) SYSTEM RESILIENCE.—A project car-
ried out by a State with funds apportioned to 
the State under section 104(b)(8) may include 
the use of natural infrastructure or the construc-
tion or modification of storm surge, flood protec-
tion, or aquatic ecosystem restoration elements 
that are functionally connected to a transpor-
tation improvement, such as— 
‘‘(i) increasing marsh health and total 
area adjacent to a highway right-of-way to 
promote additional flood storage; 
‘‘(ii) upgrades to and installation of 
culverts designed to withstand 100-year 
flood events; 
‘‘(iii) upgrades to and installation of 
tide gates to protect highways; 
‘‘(iv) upgrades to and installation of 
flood gates to protect tunnel entrances; and 
‘‘(v) improving functionality and resil-
iency of stormwater controls, including in-
ventory inspections, upgrades to, and pres-
ervation of best management practices to
347 
† HR 3684 EAS 
protect surface transportation infrastruc-
ture. 
‘‘(D) FEDERAL COST SHARE.— 
‘‘(i) IN GENERAL.—Except as provided 
in subsection (e)(1), the Federal share of the 
cost of a project carried out using funds ap-
portioned to the State under section 
104(b)(8) shall not exceed 80 percent of the 
total project cost. 
‘‘(ii) NON-FEDERAL SHARE.—A State 
may use Federal funds other than Federal 
funds apportioned to the State under sec-
tion 104(b)(8) to meet the non-Federal cost 
share requirement for a project under this 
subsection. 
‘‘(E) ELIGIBLE PROJECT COSTS.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), eligible project costs for ac-
tivities carried out by a State with funds 
apportioned to the State under section 
104(b)(8) may include the costs of— 
‘‘(I) development phase activities, 
including planning, feasibility anal-
ysis, 
revenue 
forecasting, 
environ-
mental review, preliminary engineer-
348 
† HR 3684 EAS 
ing and design work, and other 
preconstruction activities; and 
‘‘(II) construction, reconstruction, 
rehabilitation, and acquisition of real 
property (including land related to the 
project and improvements to land), en-
vironmental mitigation, construction 
contingencies, acquisition of equipment 
directly related to improving system 
performance, and operational improve-
ments. 
‘‘(ii) ELIGIBLE PLANNING COSTS.—In 
the case of a planning activity described in 
subsection (d)(3) that is carried out by a 
State with funds apportioned to the State 
under section 104(b)(8), eligible costs may 
include development phase activities, in-
cluding planning, feasibility analysis, rev-
enue forecasting, environmental review, pre-
liminary engineering and design work, 
other preconstruction activities, and other 
activities consistent with carrying out the 
purposes of subsection (d)(3). 
‘‘(F) LIMITATIONS.—A State—
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† HR 3684 EAS 
‘‘(i) may use not more than 40 percent 
of the amounts apportioned to the State 
under section 104(b)(8) for the construction 
of new capacity; and 
‘‘(ii) may use not more than 10 per-
cent of the amounts apportioned to the 
State under section 104(b)(8) for activities 
described in subparagraph (E)(i)(I). 
‘‘(d) COMPETITIVE AWARDS.— 
‘‘(1) IN GENERAL.—In addition to funds appor-
tioned to States under section 104(b)(8) to carry out 
activities under subsection (c), the Secretary shall 
provide grants on a competitive basis under this sub-
section to eligible entities described in paragraph (2). 
‘‘(2) ELIGIBLE ENTITIES.—Except as provided 
in paragraph (4)(C), the Secretary may make a grant 
under this subsection to any of the following: 
‘‘(A) A State or political subdivision of a 
State. 
‘‘(B) A metropolitan planning organization. 
‘‘(C) A unit of local government. 
‘‘(D) A special purpose district or public 
authority with a transportation function, includ-
ing a port authority.
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† HR 3684 EAS 
‘‘(E) An Indian tribe (as defined in section 
207(m)(1)). 
‘‘(F) A Federal land management agency 
that applies jointly with a State or group of 
States. 
‘‘(G) A multi-State or multijurisdictional 
group of entities described in subparagraphs (A) 
through (F). 
‘‘(3) PLANNING
GRANTS.—Using funds made 
available under this subsection, the Secretary shall 
provide planning grants to eligible entities for the 
purpose of— 
‘‘(A) in the case of a State or metropolitan 
planning organization, developing a resilience 
improvement plan under subsection (e)(2); 
‘‘(B) resilience planning, predesign, design, 
or the development of data tools to simulate 
transportation disruption scenarios, including 
vulnerability assessments; 
‘‘(C) technical capacity building by the eli-
gible entity to facilitate the ability of the eligible 
entity to assess the vulnerabilities of the surface 
transportation assets and community response 
strategies of the eligible entity under current con-
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† HR 3684 EAS 
ditions and a range of potential future condi-
tions; or 
‘‘(D) evacuation planning and preparation. 
‘‘(4) RESILIENCE GRANTS.— 
‘‘(A) RESILIENCE IMPROVEMENT GRANTS.— 
‘‘(i) IN GENERAL.—Using funds made 
available under this subsection, the Sec-
retary shall provide resilience improvement 
grants to eligible entities to carry out 1 or 
more eligible activities under clause (ii). 
‘‘(ii) ELIGIBLE ACTIVITIES.— 
‘‘(I) IN GENERAL.—An eligible en-
tity may use a resilience improvement 
grant under this subparagraph for 1 or 
more construction activities to improve 
the ability of an existing surface trans-
portation asset to withstand 1 or more 
elements of a weather event or natural 
disaster, or to increase the resilience of 
surface transportation infrastructure 
from the impacts of changing condi-
tions, such as sea level rise, flooding, 
wildfires, extreme weather events, and 
other natural disasters.
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† HR 3684 EAS 
‘‘(II) INCLUSIONS.—An activity 
eligible to be carried out under this 
subparagraph includes— 
‘‘(aa) resurfacing, restora-
tion, rehabilitation, reconstruc-
tion, replacement, improvement, 
or realignment of an existing sur-
face transportation facility eligi-
ble for assistance under this title; 
‘‘(bb) the incorporation of 
natural infrastructure; 
‘‘(cc) the upgrade of an exist-
ing surface transportation facility 
to meet or exceed a design stand-
ard adopted by the Federal High-
way Administration; 
‘‘(dd) 
the 
installation 
of 
mitigation measures that prevent 
the intrusion of floodwaters into 
surface transportation systems; 
‘‘(ee) strengthening systems 
that remove rainwater from sur-
face transportation facilities;
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‘‘(ff) upgrades to and instal-
lation of structural stormwater 
controls; 
‘‘(gg) a resilience project that 
addresses identified vulnerabilities 
described in the resilience im-
provement plan of the eligible en-
tity, if applicable; 
‘‘(hh) relocating roadways in 
a base floodplain to higher ground 
above projected flood elevation lev-
els, or away from slide prone 
areas; 
‘‘(ii) stabilizing slide areas 
or slopes; 
‘‘(jj) installing riprap; 
‘‘(kk) lengthening or raising 
bridges 
to 
increase 
waterway 
openings, including to respond to 
extreme weather; 
‘‘(ll) increasing the size or 
number of drainage structures; 
‘‘(mm) installing seismic ret-
rofits on bridges;
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‘‘(nn) adding scour protec-
tion at bridges; 
‘‘(oo) adding scour, stream 
stability, coastal, and other hy-
draulic countermeasures, includ-
ing spur dikes; 
‘‘(pp) 
vegetation 
manage-
ment practices in transportation 
rights-of-way to improve roadway 
safety, prevent against invasive 
species, facilitate wildfire control, 
and provide erosion control; and 
‘‘(qq) any other protective 
features, including natural infra-
structure, as determined by the 
Secretary. 
‘‘(iii) PRIORITY.—The Secretary shall 
prioritize a resilience improvement grant to 
an eligible entity if— 
‘‘(I) the Secretary determines— 
‘‘(aa) the benefits of the eligi-
ble activity proposed to be carried 
out by the eligible entity exceed 
the costs of the activity; and
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‘‘(bb) there is a need to ad-
dress the vulnerabilities of surface 
transportation assets of the eligi-
ble entity with a high risk of, and 
impacts associated with, failure 
due to the impacts of weather 
events, 
natural 
disasters, 
or 
changing conditions, such as sea 
level rise, wildfires, and increased 
flood risk; or 
‘‘(II) the eligible activity proposed 
to be carried out by the eligible entity 
is included in the applicable resilience 
improvement plan under subsection 
(e)(2). 
‘‘(B) COMMUNITY RESILIENCE AND EVACU-
ATION ROUTE GRANTS.— 
‘‘(i) IN GENERAL.—Using funds made 
available under this subsection, the Sec-
retary shall provide community resilience 
and evacuation route grants to eligible enti-
ties to carry out 1 or more eligible activities 
under clause (ii). 
‘‘(ii) ELIGIBLE ACTIVITIES.—An eligi-
ble entity may use a community resilience
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and evacuation route grant under this sub-
paragraph for 1 or more projects that 
strengthen and protect evacuation routes 
that are essential for providing and sup-
porting evacuations caused by emergency 
events, including a project that— 
‘‘(I) is an eligible activity under 
subparagraph (A)(ii), if that eligible 
activity will improve an evacuation 
route; 
‘‘(II) ensures the ability of the 
evacuation route to provide safe pas-
sage during an evacuation and reduces 
the risk of damage to evacuation routes 
as a result of future emergency events, 
including restoring or replacing exist-
ing evacuation routes that are in poor 
condition or not designed to meet the 
anticipated demand during an emer-
gency event, and including steps to 
protect routes from mud, rock, or other 
debris slides; 
‘‘(III) if the eligible entity notifies 
the Secretary that existing evacuation 
routes are not sufficient to adequately
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facilitate evacuations, including the 
transportation of emergency responders 
and recovery resources, expands the ca-
pacity of evacuation routes to swiftly 
and safely accommodate evacuations, 
including installation of— 
‘‘(aa) communications and 
intelligent transportation system 
equipment and infrastructure; 
‘‘(bb) counterflow measures; 
or 
‘‘(cc) shoulders; 
‘‘(IV) is for the construction of 
new or redundant evacuation routes, if 
the eligible entity notifies the Secretary 
that existing evacuation routes are not 
sufficient to adequately facilitate evac-
uations, including the transportation 
of emergency responders and recovery 
resources; 
‘‘(V) is for the acquisition of evac-
uation route or traffic incident man-
agement equipment or signage; or 
‘‘(VI) will ensure access or service 
to critical destinations, including hos-
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pitals and other medical or emergency 
service facilities, major employers, crit-
ical manufacturing centers, ports and 
intermodal facilities, utilities, and 
Federal facilities. 
‘‘(iii) PRIORITY.—The Secretary shall 
prioritize community resilience and evacu-
ation route grants under this subparagraph 
for eligible activities that are cost-effective, 
as determined by the Secretary, taking into 
account— 
‘‘(I) 
current 
and 
future 
vulnerabilities to an evacuation route 
due to future occurrence or recurrence 
of emergency events that are likely to 
occur in the geographic area in which 
the evacuation route is located; and 
‘‘(II) projected changes in develop-
ment patterns, demographics, and ex-
treme weather events based on the best 
available evidence and analysis. 
‘‘(iv) CONSULTATION.—In providing 
grants for community resilience and evacu-
ation routes under this subparagraph, the 
Secretary may consult with the Adminis-
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trator of the Federal Emergency Manage-
ment Agency, who may provide technical 
assistance to the Secretary and to eligible 
entities. 
‘‘(C) AT-RISK
COASTAL
INFRASTRUCTURE 
GRANTS.— 
‘‘(i) DEFINITION
OF
ELIGIBLE
ENTI-
TY.—In this subparagraph, the term ‘eligi-
ble entity’ means any of the following: 
‘‘(I) 
A 
State 
(including 
the 
United States Virgin Islands, Guam, 
American Samoa, and the Common-
wealth of the Northern Mariana Is-
lands) in, or bordering on, the Atlan-
tic, Pacific, or Arctic Ocean, the Gulf 
of Mexico, Long Island Sound, or 1 or 
more of the Great Lakes. 
‘‘(II) A political subdivision of a 
State described in subclause (I). 
‘‘(III) A metropolitan planning 
organization in a State described in 
subclause (I). 
‘‘(IV) A unit of local government 
in a State described in subclause (I).
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‘‘(V) A special purpose district or 
public authority with a transportation 
function, including a port authority, 
in a State described in subclause (I). 
‘‘(VI) An Indian tribe in a State 
described in subclause (I). 
‘‘(VII) A Federal land manage-
ment agency that applies jointly with 
a State or group of States described in 
subclause (I). 
‘‘(VIII) A multi-State or multi-
jurisdictional group of entities de-
scribed in subclauses (I) through (VII). 
‘‘(ii) GRANTS.—Using funds made 
available under this subsection, the Sec-
retary shall provide at-risk coastal infra-
structure grants to eligible entities to carry 
out 1 or more eligible activities under clause 
(iii). 
‘‘(iii) ELIGIBLE ACTIVITIES.—An eligi-
ble entity may use an at-risk coastal infra-
structure grant under this subparagraph for 
strengthening, stabilizing, hardening, ele-
vating, relocating, or otherwise enhancing 
the resilience of highway and non-rail in-
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frastructure, including bridges, roads, pe-
destrian walkways, and bicycle lanes, and 
associated infrastructure, such as culverts 
and tide gates to protect highways, that are 
subject to, or face increased long-term future 
risks of, a weather event, a natural disaster, 
or changing conditions, including coastal 
flooding, coastal erosion, wave action, storm 
surge, or sea level rise, in order to improve 
transportation and public safety and to re-
duce costs by avoiding larger future mainte-
nance or rebuilding costs. 
‘‘(iv) CRITERIA.—The Secretary shall 
provide at-risk coastal infrastructure grants 
under this subparagraph for a project— 
‘‘(I) that addresses the risks from 
a current or future weather event or 
natural disaster, including coastal 
flooding, coastal erosion, wave action, 
storm surge, or sea level change; and 
‘‘(II) that reduces long-term infra-
structure costs by avoiding larger fu-
ture maintenance or rebuilding costs. 
‘‘(v) COASTAL BENEFITS.—In addition 
to the criteria under clause (iv), for the pur-
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pose of providing at-risk coastal infrastruc-
ture grants under this subparagraph, the 
Secretary shall evaluate the extent to which 
a project will provide— 
‘‘(I) access to coastal homes, busi-
nesses, communities, and other critical 
infrastructure, including access by first 
responders and other emergency per-
sonnel; or 
‘‘(II) access to a designated evacu-
ation route. 
‘‘(5) GRANT REQUIREMENTS.— 
‘‘(A) SOLICITATIONS FOR GRANTS.—In pro-
viding grants under this subsection, the Sec-
retary shall conduct a transparent and competi-
tive national solicitation process to select eligible 
projects to receive grants under paragraph (3) 
and subparagraphs (A), (B), and (C) of para-
graph (4). 
‘‘(B) APPLICATIONS.— 
‘‘(i) IN GENERAL.—To be eligible to re-
ceive a grant under paragraph (3) or sub-
paragraph (A), (B), or (C) of paragraph 
(4), an eligible entity shall submit to the 
Secretary an application in such form, at
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† HR 3684 EAS 
such time, and containing such information 
as the Secretary determines to be necessary. 
‘‘(ii) PROJECTS IN CERTAIN AREAS.— 
If a project is proposed to be carried out by 
the eligible entity, in whole or in part, 
within a base floodplain, the eligible entity 
shall— 
‘‘(I) as part of the application, 
identify the floodplain in which the 
project is to be located and disclose 
that information to the Secretary; and 
‘‘(II) indicate in the application 
whether, if selected, the eligible entity 
will implement 1 or more components 
of the risk mitigation plan under sec-
tion 322 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance 
Act (42 U.S.C. 5165) with respect to 
the area. 
‘‘(C) ELIGIBILITIES.—The Secretary may 
make a grant under paragraph (3) or subpara-
graph (A), (B), or (C) of paragraph (4) only 
for— 
‘‘(i) a highway project eligible for as-
sistance under this title;
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‘‘(ii) a public transportation facility 
or service eligible for assistance under chap-
ter 53 of title 49; 
‘‘(iii) a facility or service for intercity 
rail passenger transportation (as defined in 
section 24102 of title 49); or 
‘‘(iv) a port facility, including a facil-
ity that— 
‘‘(I) connects a port to other 
modes of transportation; 
‘‘(II) improves the efficiency of 
evacuations and disaster relief; or 
‘‘(III) aids transportation. 
‘‘(D) SYSTEM RESILIENCE.—A project for 
which a grant is provided under paragraph (3) 
or subparagraph (A), (B), or (C) of paragraph 
(4) may include the use of natural infrastructure 
or the construction or modification of storm 
surge, flood protection, or aquatic ecosystem res-
toration elements that the Secretary determines 
are functionally connected to a transportation 
improvement, such as— 
‘‘(i) increasing marsh health and total 
area adjacent to a highway right-of-way to 
promote additional flood storage;
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† HR 3684 EAS 
‘‘(ii) upgrades to and installing of cul-
verts designed to withstand 100-year flood 
events; 
‘‘(iii) upgrades to and installation of 
tide gates to protect highways; and 
‘‘(iv) upgrades to and installation of 
flood gates to protect tunnel entrances. 
‘‘(E) FEDERAL COST SHARE.— 
‘‘(i) PLANNING
GRANT.—The Federal 
share of the cost of a planning activity car-
ried out using a planning grant under 
paragraph (3) shall be 100 percent. 
‘‘(ii) RESILIENCE GRANTS.— 
‘‘(I) IN GENERAL.—Except as pro-
vided in subclause (II) and subsection 
(e)(1), the Federal share of the cost of 
a project carried out using a grant 
under subparagraph (A), (B), or (C) of 
paragraph (4) shall not exceed 80 per-
cent of the total project cost. 
‘‘(II) TRIBAL PROJECTS.—On the 
determination of the Secretary, the 
Federal share of the cost of a project 
carried out using a grant under sub-
paragraph (A), (B), or (C) of para-
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† HR 3684 EAS 
graph (4) by an Indian tribe (as de-
fined in section 207(m)(1)) may be up 
to 100 percent. 
‘‘(iii) NON-FEDERAL SHARE.—The eli-
gible entity may use Federal funds other 
than Federal funds provided under this sub-
section to meet the non-Federal cost share 
requirement for a project carried out with a 
grant under this subsection. 
‘‘(F) ELIGIBLE PROJECT COSTS.— 
‘‘(i) RESILIENCE GRANT PROJECTS.— 
Eligible project costs for activities funded 
with a grant under subparagraph (A), (B), 
or (C) of paragraph (4) may include the 
costs of— 
‘‘(I) development phase activities, 
including planning, feasibility anal-
ysis, 
revenue 
forecasting, 
environ-
mental review, preliminary engineer-
ing and design work, and other 
preconstruction activities; and 
‘‘(II) construction, reconstruction, 
rehabilitation, and acquisition of real 
property (including land related to the 
project and improvements to land), en-
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† HR 3684 EAS 
vironmental mitigation, construction 
contingencies, acquisition of equipment 
directly related to improving system 
performance, and operational improve-
ments. 
‘‘(ii) 
PLANNING
GRANTS.—Eligible 
project costs for activities funded with a 
grant under paragraph (3) may include the 
costs of development phase activities, in-
cluding planning, feasibility analysis, rev-
enue forecasting, environmental review, pre-
liminary engineering and design work, 
other preconstruction activities, and other 
activities consistent with carrying out the 
purposes of that paragraph. 
‘‘(G) LIMITATIONS.— 
‘‘(i) IN GENERAL.—An eligible entity 
that receives a grant under subparagraph 
(A), (B), or (C) of paragraph (4)— 
‘‘(I) may use not more than 40 
percent of the amount of the grant for 
the construction of new capacity; and 
‘‘(II) may use not more than 10 
percent of the amount of the grant for
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† HR 3684 EAS 
activities described in subparagraph 
(F)(i)(I). 
‘‘(ii) LIMIT ON CERTAIN ACTIVITIES.— 
For each fiscal year, not more than 25 per-
cent of the total amount provided under this 
subsection may be used for projects de-
scribed in subparagraph (C)(iii). 
‘‘(H) DISTRIBUTION OF GRANTS.— 
‘‘(i) IN
GENERAL.—Subject to the 
availability of funds, an eligible entity may 
request and the Secretary may distribute 
funds for a grant under this subsection on 
a multiyear basis, as the Secretary deter-
mines to be necessary. 
‘‘(ii) 
RURAL
SET-ASIDE.—Of 
the 
amounts made available to carry out this 
subsection for each fiscal year, the Secretary 
shall use not less than 25 percent for grants 
for projects located in areas that are outside 
an urbanized area with a population of 
over 200,000. 
‘‘(iii) 
TRIBAL
SET-ASIDE.—Of 
the 
amounts made available to carry out this 
subsection for each fiscal year, the Secretary 
shall use not less than 2 percent for grants
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† HR 3684 EAS 
to Indian tribes (as defined in section 
207(m)(1)). 
‘‘(iv) REALLOCATION.—For any fiscal 
year, if the Secretary determines that the 
amount described in clause (ii) or (iii) will 
not be fully utilized for the grant described 
in that clause, the Secretary may reallocate 
the unutilized funds to provide grants to 
other eligible entities under this subsection. 
‘‘(6) CONSULTATION.—In carrying out this sub-
section, the Secretary shall— 
‘‘(A) consult with the Assistant Secretary of 
the Army for Civil Works, the Administrator of 
the Environmental Protection Agency, the Sec-
retary of the Interior, and the Secretary of Com-
merce; and 
‘‘(B) solicit technical support from the Ad-
ministrator of the Federal Emergency Manage-
ment Agency. 
‘‘(7) GRANT
ADMINISTRATION.—The Secretary 
may— 
‘‘(A) retain not more than a total of 5 per-
cent of the funds made available to carry out 
this subsection and to review applications for 
grants under this subsection; and
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† HR 3684 EAS 
‘‘(B) transfer portions of the funds retained 
under subparagraph (A) to the relevant Admin-
istrators to fund the award and oversight of 
grants provided under this subsection. 
‘‘(e) RESILIENCE IMPROVEMENT PLAN AND LOWER 
NON-FEDERAL SHARE.— 
‘‘(1) FEDERAL SHARE REDUCTIONS.— 
‘‘(A) IN GENERAL.—A State that receives 
funds apportioned to the State under section 
104(b)(8) or an eligible entity that receives a 
grant under subsection (d) shall have the non- 
Federal share of a project carried out with the 
funds or grant, as applicable, reduced by an 
amount described in subparagraph (B) if the 
State or eligible entity meets the applicable re-
quirements under that subparagraph. 
‘‘(B) AMOUNT OF REDUCTIONS.— 
‘‘(i) 
RESILIENCE
IMPROVEMENT 
PLAN.—Subject to clause (iii), the amount 
of the non-Federal share of the costs of a 
project carried out with funds apportioned 
to a State under section 104(b)(8) or a 
grant under subsection (d) shall be reduced 
by 7 percentage points if—
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† HR 3684 EAS 
‘‘(I) in the case of a State or an 
eligible entity that is a State or a met-
ropolitan planning organization, the 
State or eligible entity has— 
‘‘(aa) developed a resilience 
improvement plan in accordance 
with this subsection; and 
‘‘(bb) prioritized the project 
on that resilience improvement 
plan; and 
‘‘(II) in the case of an eligible en-
tity not described in subclause (I), the 
eligible entity is located in a State or 
an area served by a metropolitan plan-
ning organization that has— 
‘‘(aa) developed a resilience 
improvement plan in accordance 
with this subsection; and 
‘‘(bb) prioritized the project 
on that resilience improvement 
plan. 
‘‘(ii) INCORPORATION OF RESILIENCE 
IMPROVEMENT PLAN IN OTHER PLANNING.— 
Subject to clause (iii), the amount of the 
non-Federal share of the cost of a project
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† HR 3684 EAS 
carried out with funds under subsection (c) 
or a grant under subsection (d) shall be re-
duced by 3 percentage points if— 
‘‘(I) in the case of a State or an 
eligible entity that is a State or a met-
ropolitan planning organization, the 
resilience improvement plan developed 
in accordance with this subsection has 
been incorporated into the metropoli-
tan transportation plan under section 
134 or the long-range statewide trans-
portation plan under section 135, as 
applicable; and 
‘‘(II) in the case of an eligible en-
tity not described in subclause (I), the 
eligible entity is located in a State or 
an area served by a metropolitan plan-
ning organization that incorporated a 
resilience improvement plan into the 
metropolitan 
transportation 
plan 
under section 134 or the long-range 
statewide transportation plan under 
section 135, as applicable. 
‘‘(iii) LIMITATIONS.—
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† HR 3684 EAS 
‘‘(I) MAXIMUM
REDUCTION.—A 
State or eligible entity may not receive 
a reduction under this paragraph of 
more than 10 percentage points for 
any single project carried out with 
funds under subsection (c) or a grant 
under subsection (d). 
‘‘(II) NO NEGATIVE NON-FEDERAL 
SHARE.—A reduction under this para-
graph shall not reduce the non-Federal 
share of the costs of a project carried 
out with funds under subsection (c) or 
a grant under subsection (d) to an 
amount that is less than zero. 
‘‘(2) PLAN
CONTENTS.—A resilience improve-
ment plan referred to in paragraph (1)— 
‘‘(A) shall be for the immediate and long- 
range planning activities and investments of the 
State or metropolitan planning organization 
with respect to resilience of the surface transpor-
tation system within the boundaries of the State 
or metropolitan planning organization, as appli-
cable; 
‘‘(B) shall demonstrate a systemic approach 
to surface transportation system resilience and
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† HR 3684 EAS 
be consistent with and complementary of the 
State and local mitigation plans required under 
section 322 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 
5165); 
‘‘(C) shall include a risk-based assessment of 
vulnerabilities of transportation assets and sys-
tems to current and future weather events and 
natural disasters, such as severe storms, flooding, 
drought, levee and dam failures, wildfire, rock-
slides, mudslides, sea level rise, extreme weather, 
including extreme temperatures, and earth-
quakes; 
‘‘(D) may— 
‘‘(i) designate evacuation routes and 
strategies, including multimodal facilities, 
designated with consideration for individ-
uals without access to personal vehicles; 
‘‘(ii) plan for response to anticipated 
emergencies, including plans for the mobil-
ity of— 
‘‘(I) emergency response personnel 
and equipment; and
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† HR 3684 EAS 
‘‘(II) access to emergency services, 
including for vulnerable or disadvan-
taged populations; 
‘‘(iii) describe the resilience improve-
ment policies, including strategies, land-use 
and zoning changes, investments in natural 
infrastructure, or performance measures 
that will inform the transportation invest-
ment decisions of the State or metropolitan 
planning organization with the goal of in-
creasing resilience; 
‘‘(iv) include an investment plan 
that— 
‘‘(I) includes a list of priority 
projects; and 
‘‘(II) describes how funds appor-
tioned to the State under section 
104(b)(8) or provided by a grant under 
the program would be invested and 
matched, which shall not be subject to 
fiscal constraint requirements; and 
‘‘(v) use science and data and indicate 
the source of data and methodologies; and 
‘‘(E) shall, as appropriate—
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† HR 3684 EAS 
‘‘(B) the rating assigned to each project 
under subsection (f)(4); 
‘‘(C) an evaluation and justification with 
respect to each project for which the Secretary 
will— 
‘‘(i) provide a grant under the pro-
gram; and 
‘‘(ii) enter into a multiyear grant 
agreement under the program; 
‘‘(D) a description of the means by which 
the Secretary anticipates allocating among se-
lected projects the amounts made available to the 
Secretary to carry out the program; and 
‘‘(E) anticipated funding levels required for 
the 3 fiscal years beginning after the date of sub-
mission of the notice for projects selected for 
grants under the program, based on information 
available to the Secretary as of that date. 
‘‘(2) CONGRESSIONAL
DISAPPROVAL.—The Sec-
retary may not provide a grant or any other obliga-
tion or commitment to fund a project under the pro-
gram if a joint resolution is enacted disapproving 
funding for the project before the last day of the 30- 
day period described in paragraph (1). 
‘‘(l) REPORTS.—
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† HR 3684 EAS 
‘‘(1) TRANSPARENCY.—Not later than 60 days 
after the date on which the grants are announced 
under the program, the Secretary shall publish on the 
website of the Department a report that includes— 
‘‘(A) a list of all project applications re-
viewed by the Secretary as part of the selection 
process under the program; 
‘‘(B) the rating assigned to each project 
under subsection (f)(4); and 
‘‘(C) a description of each project for which 
a grant has been provided under the program. 
‘‘(2) COMPTROLLER GENERAL.— 
‘‘(A) ASSESSMENT.—The Comptroller Gen-
eral of the United States shall conduct an assess-
ment of the administrative establishment, solici-
tation, selection, and justification process with 
respect to the funding of grants under the pro-
gram. 
‘‘(B) REPORT.—Not later than 18 months 
after the date on which the initial grants are 
awarded for projects under the program, the 
Comptroller General shall submit to the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on 
Transportation and Infrastructure of the House