† HR 22 EAS 
(i) by striking ‘‘that has a nonattain-
ment or maintenance area’’ and inserting 
‘‘that has 1 or more nonattainment or 
maintenance areas’’; 
(ii) by striking ‘‘a nonattainment or 
maintenance area that are’’ and inserting 
‘‘the nonattainment or maintenance areas 
that are’’; 
(iii) by striking ‘‘such area’’ both 
places it appears and inserting ‘‘such 
areas’’; and 
(iv) by striking ‘‘such fine particulate’’ 
and inserting ‘‘directly-emitted fine partic-
ulate’’; 
(B) in paragraph (2), by striking ‘‘highway 
construction’’ and inserting ‘‘transportation con-
struction’’; and 
(C) by adding at the end the following: 
‘‘(3) PM2.5 NONATTAINMENT AND MAINTENANCE 
IN LOW POPULATION DENSITY STATES.— 
‘‘(A) EXCEPTION.—In any State with a 
population density of 80 or fewer persons per 
square mile of land area, based on the most re-
cent decennial census, the requirements under 
subsection (g)(3) and paragraphs (1) and (2) of
† HR 22 EAS 
this subsection shall not apply to a nonattain-
ment or maintenance area in the State if— 
‘‘(i) the nonattainment or maintenance 
area does not have projects that are part of 
the emissions analysis of a metropolitan 
transportation plan or transportation im-
provement program; and 
‘‘(ii) regional motor vehicle emissions 
are an insignificant contributor to the air 
quality problem for PM2.5 in the non-
attainment or maintenance area. 
‘‘(B) CALCULATION.—If subparagraph (A) 
applies to a nonattainment or maintenance area 
in a State, the percentage of the PM2.5 set-aside 
under paragraph (1) shall be reduced for that 
State proportionately based on the weighted pop-
ulation of the area in fine particulate matter 
nonattainment. 
‘‘(4) PORT-RELATED
EQUIPMENT
AND
VEHI-
CLES.—To meet the requirements under paragraph 
(1), a State or metropolitan planning organization 
may elect to obligate funds to the most cost-effective 
projects to reduce emissions from port-related landside 
nonroad or on-road equipment that is operated with-
† HR 22 EAS 
in the boundaries of a PM2.5 nonattainment or 
maintenance area.’’; 
(6) in subsection (l)(1)(B), by inserting ‘‘air 
quality and traffic congestion’’ before ‘‘performance 
targets’’; and 
(7) in subsection (m), by striking ‘‘section 
104(b)(2)’’ and inserting ‘‘section 104(b)(4)’’. 
SEC. 11014. TRANSPORTATION ALTERNATIVES. 
(a) IN GENERAL.—Section 213 of title 23, United 
States Code, is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) RESERVATION OF FUNDS.— 
‘‘(1) IN GENERAL.—On October 1 of each fiscal 
year, the Secretary shall set aside from the amount 
determined for a State under section 104(c) an 
amount determined for the State under paragraphs 
(2) and (3). 
‘‘(2) TOTAL
AMOUNT.—The total amount set 
aside for the program under this section shall be 
$850,000,000 for each fiscal year. 
‘‘(3) STATE
SHARE.—The Secretary shall dis-
tribute among the States the total set-aside amount 
under paragraph (2) so that each State receives an 
amount equal to the proportion that—
† HR 22 EAS 
‘‘(A) the amount apportioned to the State 
for the transportation enhancements program for 
fiscal year 2009 under section 133(d)(2), as in 
effect on the day before the date of enactment of 
MAP–21 (Public Law 112–141; 126 Stat. 405); 
bears to 
‘‘(B) the total amount of funds apportioned 
to all States for that fiscal year for the transpor-
tation enhancements program for fiscal year 
2009.’’; 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘Of the funds’’ and 
all that follows through ‘‘shall be obligated 
under this section’’ in subparagraph (A) 
and inserting ‘‘Funds reserved in a State 
under this section shall be obligated’’; 
(ii) by striking subparagraph (B); 
(iii) 
by 
redesignating 
clauses 
(i) 
through (iii) as subparagraphs (A) through 
(C), respectively; 
(iv) in subparagraph (B) (as so redes-
ignated), by striking ‘‘greater than 5,000’’ 
and inserting ‘‘of 5,000 or more’’; and
† HR 22 EAS 
(v) in subparagraph (C) (as so redesig-
nated), by striking ‘‘; and’’ and inserting a 
period; 
(B) in paragraph (2), by striking ‘‘para-
graph (1)(A)(i)’’ and inserting ‘‘paragraph 
(1)(A)’’; 
(C) in paragraph (3)(A)— 
(i) by striking ‘‘Except as provided in 
paragraph 
(1)(B), 
the’’ 
and 
inserting 
‘‘The’’; and 
(ii) by striking ‘‘paragraph (1)(A)(i)’’ 
both places it appears and inserting ‘‘para-
graph (1)(A)’’; 
(D) in paragraph (4)(B)— 
(i) in clause (vi), by striking ‘‘and’’ at 
the end; 
(ii) by redesignating clause (vii) as 
clause (viii); and 
(iii) by inserting after clause (vi) the 
following: 
‘‘(vii) a nonprofit entity responsible for 
the administration of local transportation 
safety programs; and’’; and 
(E) in paragraph (5)—
† HR 22 EAS 
(i) by striking ‘‘For funds reserved’’ 
and inserting the following: 
‘‘(A) IN GENERAL.—For funds reserved’’; 
(ii) by striking ‘‘paragraph (1)(A)(i)’’ 
and inserting ‘‘paragraph (1)(A)’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) NO
RESTRICTION
ON
SUBALLOCA-
TION.—Nothing in this section prevents a metro-
politan planning organization from further sub-
allocating funds within the boundaries of the 
metropolitan planning area if a competitive 
process is implemented for the award of the sub-
allocated funds.’’; and 
(3) by adding at the end the following: 
‘‘(h) ANNUAL REPORTS.— 
‘‘(1) IN GENERAL.—Each State or metropolitan 
planning organization responsible for carrying out 
the requirements of this section shall submit to the 
Secretary an annual report that describes— 
‘‘(A) the number of project applications re-
ceived for each fiscal year, including— 
‘‘(i) the aggregate cost of the projects 
for which applications are received; and
† HR 22 EAS 
‘‘(ii) the types of project to be carried 
out (as described in subsection (b)), ex-
pressed as percentages of the total appor-
tionment of the State under subsection (a); 
and 
‘‘(B) the number of projects selected for 
funding for each fiscal year, including the aggre-
gate cost and location of projects selected. 
‘‘(2) PUBLIC AVAILABILITY.—The Secretary shall 
make available to the public, in a user-friendly for-
mat on the website of the Department, a copy of each 
annual report submitted under paragraph (1). 
‘‘(i) EXPEDITING INFRASTRUCTURE PROJECTS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this subsection, the Secretary 
shall develop regulations or guidance relating to the 
implementation of this section that encourages the use 
of the programmatic approaches to environmental re-
views, expedited procurement techniques, and other 
best practices to facilitate productive and timely ex-
penditure for projects that are small, low-impact, and 
constructed within an existing built environment. 
‘‘(2) STATE
PROCESSES.—The Secretary shall 
work with State departments of transportation to en-
sure that any regulation or guidance developed under
† HR 22 EAS 
paragraph (1) is consistently implemented by States 
and the Federal Highway Administration to avoid 
unnecessary delays in implementing projects and to 
ensure the effective use of Federal dollars.’’. 
(b) CONFORMING AMENDMENT.—Section 126(b) of title 
23, United States Code, is amended— 
(1) by striking ‘‘SET-ASIDES.—’’ and all that fol-
lows through ‘‘Funds that’’ in paragraph (1) and in-
serting ‘‘SET-ASIDES.—Funds that’’; 
(2) by striking ‘‘sections 104(d) and 133(d)’’ and 
inserting ‘‘sections 104(d), 133(d), and 213(c)’’; and 
(3) by striking paragraph (2). 
SEC. 11015. CONSOLIDATION OF PROGRAMS. 
Section 1519(a) of MAP–21 (Public Law 112–141; 126 
Stat. 574) is amended in the matter preceding paragraph 
(1) by striking ‘‘fiscal years 2013 and 2014’’ and inserting 
‘‘fiscal years 2013 through 2021’’. 
SEC. 11016. STATE FLEXIBILITY FOR NATIONAL HIGHWAY 
SYSTEM MODIFICATIONS. 
(a) NATIONAL HIGHWAY SYSTEM FLEXIBILITY.—Not 
later than 90 days after the date of enactment of this Act, 
the Secretary shall issue guidance relating to working with 
State departments of transportation that request assistance 
from the division offices of the Federal Highway Adminis-
tration—
† HR 22 EAS 
(1) to review roads classified as principal arte-
rials in the State that were added to the National 
Highway System as of October 1, 2012, so as to com-
ply with section 103 of title 23, United States Code; 
and 
(2) to identify any necessary functional classi-
fication changes to rural and urban principal arte-
rials. 
(b) ADMINISTRATIVE ACTIONS.—The Secretary shall 
direct the division offices of the Federal Highway Adminis-
tration to work with the applicable State department of 
transportation that requests assistance under this section— 
(1) to assist in the review of roads in accordance 
with guidance issued under subsection (a); 
(2) to expeditiously review and facilitate requests 
from States to reclassify roads classified as principal 
arterials; and 
(3) in the case of a State that requests the with-
drawal of reclassified roads from the National High-
way System under section 103(b)(3) of title 23, 
United States Code, to carry out that withdrawal if 
the inclusion of the reclassified road in the National 
Highway System is not consistent with the needs and 
priorities of the community or region in which the re-
classified road is located.
† HR 22 EAS 
(c) NATIONAL HIGHWAY SYSTEM MODIFICATION REG-
ULATIONS.—The Secretary shall— 
(1) review the National Highway System modi-
fication process described in appendix D of part 470 
of title 23, Code of Federal Regulations (or successor 
regulations); and 
(2) take any action necessary to ensure that a 
State may submit to the Secretary a request to mod-
ify the National Highway System by withdrawing a 
road from the National Highway System. 
(d) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of this Act, and annually there-
after, the Secretary 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 Rep-
resentatives a report that includes a description of— 
(1) each request for reclassification of National 
Highway System roads; 
(2) the status of each request; and 
(3) if applicable, the justification for the denial 
by the Secretary of a request. 
(e) MODIFICATIONS TO THE NATIONAL HIGHWAY SYS-
TEM.—Section 103(b)(3)(A) of title 23, United States Code, 
is amended— 
(1) in the matter preceding clause (i)—
† HR 22 EAS 
(A) by striking ‘‘, including any modifica-
tion consisting of a connector to a major inter-
modal terminal,’’; and 
(B) by inserting ‘‘, including any modifica-
tion consisting of a connector to a major inter-
modal terminal or the withdrawal of a road 
from that system,’’ after ‘‘the National Highway 
System’’; and 
(2) in clause (ii)— 
(A) by striking ‘‘(ii) enhances’’ and insert-
ing ‘‘(ii)(I) enhances’’; 
(B) by striking the period at the end and 
inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(II) in the case of the withdrawal of 
a road, is reasonable and appropriate.’’. 
SEC. 11017. TOLL ROADS, BRIDGES, TUNNELS, AND FER-
RIES. 
Section 129(a) of title 23, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (B)— 
(i) by striking ‘‘(other than a highway 
on the Interstate System)’’; and
† HR 22 EAS 
(ii) by inserting ‘‘non-HOV’’ after 
‘‘toll-free’’ each place it appears; 
(B) by striking subparagraph (C); and 
(C) by redesignating subparagraphs (D) 
through (I) as subparagraphs (C) through (H), 
respectively; 
(2) by striking paragraph (4) and paragraph 
(6); 
(3) by redesignating paragraphs (5), (7), (8), 
(9), and (10) as paragraphs (4), (5), (6), (7), and (9), 
respectively; 
(4) in paragraph (4)(B) (as so redesignated), by 
striking ‘‘the Federal-aid system’’ and inserting ‘‘Fed-
eral-aid highways’’; and 
(5) by inserting after paragraph (7) (as so redes-
ignated) the following: 
‘‘(8) EQUAL
ACCESS
FOR
MOTORCOACHES.—A 
private motorcoach that serves the public shall be pro-
vided access to a toll facility under the same rates, 
terms, and conditions as public transportation buses 
in the State.’’. 
SEC. 11018. HOV FACILITIES. 
Section 166 of title 23, United States Code, is amend-
ed— 
(1) in subsection (b)—
† HR 22 EAS 
(A) by striking paragraph (4) and inserting 
the following: 
‘‘(4) HIGH OCCUPANCY TOLL VEHICLES.— 
‘‘(A) IN GENERAL.—The State agency may 
allow vehicles not otherwise exempt under this 
subsection to use the HOV facility if the opera-
tors of the vehicles pay a toll charged by the 
agency for use of the facility and the agency— 
‘‘(i) establishes a program that ad-
dresses how motorists can enroll and par-
ticipate in the toll program; 
‘‘(ii) in the case of a high occupancy 
vehicle facility that affects a metropolitan 
area, submits to the Secretary a written 
statement that the metropolitan planning 
organization designated under section 134 
for the area has been consulted concerning 
the placement and amount of tolls on the 
converted facility; 
‘‘(iii) develops, manages, and main-
tains a system that will automatically col-
lect the toll; and 
‘‘(iv) establishes policies and proce-
dures—
† HR 22 EAS 
‘‘(I) to manage the demand to use 
the facility by varying the toll amount 
that is charged; 
‘‘(II) to enforce violations of the 
use of the facility; and 
‘‘(III) to ensure that private 
motorcoaches that serve the public are 
provided access to the facility under 
the same rates, terms, and conditions, 
as public transportation buses in the 
State. 
‘‘(B) EXEMPTION FROM TOLLS.—In levying 
a toll on a facility under subparagraph (A), a 
State agency may— 
‘‘(i) designate classes of vehicles that 
are exempt from the toll; and 
‘‘(ii) charge different toll rates for dif-
ferent classes of vehicles.’’; 
(B) in paragraph (5), by striking subpara-
graph (A) and inserting the following: 
‘‘(A) INHERENTLY
LOW
EMISSION
VEHI-
CLE.—If a State agency establishes procedures 
for enforcing the restrictions on the use of a 
HOV facility by vehicles described in clauses (i)
† HR 22 EAS 
and (ii), the State agency may allow the use of 
the HOV facility by— 
‘‘(i) alternative fuel vehicles; and 
‘‘(ii) any motor vehicle described in 
section 30D(d)(1) of the Internal Revenue 
Code of 1986.’’; 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Tolls’’ and inserting 
‘‘Notwithstanding section 301, tolls’’; and 
(ii) by striking ‘‘notwithstanding sec-
tion 301 and, except as provided in para-
graphs (2) and (3)’’; 
(B) by striking paragraph (2); and 
(C) by redesignating paragraph (3) as 
paragraph (2); 
(3) in subsection (d)(1), by striking subpara-
graphs (D) and (E) and inserting the following: 
‘‘(D) MAINTENANCE
OF
OPERATING
PER-
FORMANCE.— 
‘‘(i) SUBMISSION OF PLAN.—Not later 
than 180 days after the date on which a fa-
cility is degraded under paragraph (2), the 
State agency with jurisdiction over the fa-
cility shall submit to the Secretary for ap-
† HR 22 EAS 
‘‘(iii) 
BIANNUAL
PROGRESS
UP-
DATES.—Until the date on which the Sec-
retary determines that the State agency has 
brought the HOV facility into compliance 
with this subsection, the State agency shall 
submit biannual updates that describe— 
‘‘(I) the actions taken to bring the 
HOV facility into compliance; and 
‘‘(II) the progress made by those 
actions. 
‘‘(E) COMPLIANCE.—The Secretary shall 
subject the State to appropriate program sanc-
tions under section 1.36 of title 23, Code of Fed-
eral Regulations (or successor regulations), until 
the performance is no longer degraded, if— 
‘‘(i) the State agency fails to submit 
an approved action plan under subpara-
graph (D) to bring a degraded facility into 
compliance; or 
‘‘(ii) after the State submits and the 
Secretary approves an action plan under 
subparagraph (D), the Secretary determines 
that, on a date that is not earlier than 1 
year after the approval of the action plan, 
the State agency is not making significant
† HR 22 EAS 
progress toward bringing the HOV facility 
into compliance with the minimum average 
operating speed performance standard.’’; 
and 
(4) in subsection (f)(1), in the matter preceding 
subparagraph (A), by inserting ‘‘solely’’ before ‘‘oper-
ating’’. 
SEC. 11019. INTERSTATE SYSTEM RECONSTRUCTION AND 
REHABILITATION PILOT PROGRAM. 
Section 1216(b) of the Transportation Equity Act for 
the 21st Century (Public Law 105–178; 112 Stat. 212) is 
amended— 
(1) in paragraph (3)— 
(A) in subparagraph (A), by striking ‘‘the 
age, condition, and intensity of use of the facil-
ity’’ and inserting ‘‘an analysis demonstrating 
that the facility has a significant age, condition, 
or intensity of use to require expedited recon-
struction or rehabilitation’’; 
(B) in subparagraph (D)(iii), by inserting 
‘‘, and that demonstrates the capability of that 
agency to perform or oversee the building, oper-
ation, and maintenance of a toll expressway sys-
tem meeting criteria for the Interstate System’’ 
before the semicolon at the end; and
† HR 22 EAS 
(C) by adding at the end the following: 
‘‘(E) An analysis showing how the State 
plan for implementing tolls on the facility takes 
into account the interests and use of local, re-
gional, and interstate travelers. 
‘‘(F) An explanation of how the State will 
collect tolls using electronic toll collection, in-
cluding at highway speeds, if practicable. 
‘‘(G) A plan describing the proposed loca-
tion for the collection of tolls on the facility, in-
cluding any locations in proximity to a State 
border. 
‘‘(H) Approved documentation that the 
project— 
‘‘(i) has received a categorical exclu-
sion, a finding of no significant impact, or 
a record of decision under the National En-
vironmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.); and 
‘‘(ii) complies with the Uniform Relo-
cation Assistance and Real Property Acqui-
sition Policies Act of 1970 (42 U.S.C. 4601 
et seq.).’’; 
(2) by striking paragraphs (4) and (6);
† HR 22 EAS 
(3) by redesignating paragraph (5) as para-
graph (4); 
(4) in paragraph (4)(as so redesignated)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘Before the Secretary may per-
mit’’ and inserting ‘‘As a condition of permit-
ting’’; 
(B) in subparagraph (A)— 
(i) in the matter preceding clause (i), 
by striking ‘‘for—’’ and inserting ‘‘for per-
missible uses described in section 129(a)(3) 
of title 23, United States Code; and’’; and 
(ii) by striking clauses (i) through 
(iii); 
(5) by inserting after paragraph (4) (as so redes-
ignated) the following: 
‘‘(5) APPLICATION PROCESSING PROCEDURE.— 
‘‘(A) IN GENERAL.—Not later than 60 days 
after receipt of an application under this sub-
section, the Secretary shall provide to the appli-
cant a written notice informing the applicant 
whether— 
‘‘(i) the application is complete and 
meets all requirements under this sub-
section; or
† HR 22 EAS 
‘‘(ii) additional information or mate-
rials are needed— 
‘‘(I) to complete the application; 
or 
‘‘(II) to meet the eligibility re-
quirements under paragraph (3). 
‘‘(B) ADDITIONAL INFORMATION OR MATE-
RIALS.— 
‘‘(i) IN GENERAL.—Not later than 60 
days after receipt of an application, the 
Secretary shall— 
‘‘(I) identify any additional in-
formation or materials that are needed 
under subparagraph (A)(ii); and 
‘‘(II) provide to the applicant 
written notice specifying the details of 
the additional required information or 
materials. 
‘‘(ii) 
AMENDED
APPLICATION.—Not 
later than 60 days after receipt of the addi-
tional information under clause (i), the Sec-
retary shall determine if the amended ap-
plication is complete and meets all require-
ments under this subsection.
† HR 22 EAS 
‘‘(C) TECHNICAL ASSISTANCE.—On the re-
quest of a State, the Secretary shall provide tech-
nical assistance to facilitate the development of 
a complete application under this paragraph 
that is likely to satisfy the eligibility criteria 
under paragraph (3). 
‘‘(D) 
APPROVAL
OF
APPLICATION.—On 
written notice by the Secretary that the applica-
tion is complete and meets all requirements of 
this subsection, the project is considered ap-
proved and shall be permitted to participate in 
the program under this subsection. 
‘‘(E) LIMITATION
ON
APPROVED
APPLICA-
TION.— 
‘‘(i) IN GENERAL.—For an application 
received under this subsection on or after 
the date of enactment of the DRIVE Act for 
the reconstruction or rehabilitation of a fa-
cility, a State shall— 
‘‘(I) not later than 1 year after 
the date on which the application is 
approved, issue a solicitation for a 
contract to provide for the reconstruc-
tion or rehabilitation of the facility; 
and
† HR 22 EAS 
‘‘(II) not later than 2 years after 
the date on which the application is 
approved, execute a contract for the re-
construction or rehabilitation of the fa-
cility. 
‘‘(ii) PRIOR
APPLICATIONS.—For an 
application that received a conditional pro-
visional approval under this subsection be-
fore the date of enactment of the DRIVE 
Act, for the reconstruction or rehabilitation 
of a facility, a State shall— 
‘‘(I) not later than 1 year after 
the date of enactment of the DRIVE 
Act, issue a solicitation for a contract 
to provide for the reconstruction or re-
habilitation of the facility; and 
‘‘(II) not later than 2 years after 
the date of enactment of the DRIVE 
Act, execute a contract for the recon-
struction or rehabilitation of the facil-
ity. 
‘‘(iii) 
CANCELLATION
OR
EXTEN-
SION.—If an applicable deadline under 
clause (i) or (ii) is not met, the Secretary 
shall—
† HR 22 EAS 
‘‘(I) cancel the application ap-
proval; or 
‘‘(II) grant an extension of not 
more than 1 year for the applicable 
deadline, on the condition that— 
‘‘(aa) there has been demon-
strable progress toward meeting 
the applicable requirements; and 
‘‘(bb) the requirements are 
likely to be met within 1 year. 
‘‘(6) LIMITATION
ON
THE
USE
OF
NATIONAL 
HIGHWAY PERFORMANCE PROGRAM FUNDS.—During 
the term of the pilot program, funds apportioned for 
the national highway performance program under 
section 104(b)(1) of title 23, United States Code, may 
not be used for a facility for which tolls are being col-
lected under the pilot program unless the funds are 
used for a maintenance purpose, as defined in section 
101(a) of title 23, United States Code.’’; 
(6) by redesignating paragraphs (7) and (8) as 
paragraphs (8) and (9), respectively; 
(7) by inserting after paragraph (6) the fol-
lowing:
† HR 22 EAS 
‘‘(7) WITHDRAWAL.—A State may elect to with-
draw participation of the State in the pilot program 
at any time.’’; and 
(8) in paragraph (8) (as redesignated by para-
graph (6)), by inserting ‘‘after the date of enactment 
of the DRIVE Act’’ after ‘‘10 years’’. 
SEC. 11020. EMERGENCY RELIEF FOR FEDERALLY OWNED 
ROADS. 
(a) ELIGIBILITY.—Section 125(d)(3) of title 23, 
United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘or’’ at the 
end; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(C) projects eligible for assistance under 
this section located on tribal transportation fa-
cilities, Federal lands transportation facilities, 
or other federally owned roads that are open to 
public travel (as defined in subsection (e)(1)).’’. 
(b) DEFINITION.—Section 125(e) of title 23, United 
States Code, is amended by striking paragraph (1) and in-
serting the following: 
‘‘(1) DEFINITIONS.—In this subsection:
† HR 22 EAS 
‘‘(A) OPEN TO PUBLIC TRAVEL.—The term 
‘open to public travel’ means, with respect to a 
road, that, except during scheduled periods, ex-
treme weather conditions, or emergencies, the 
road— 
‘‘(i) is maintained; 
‘‘(ii) is open to the general public; and 
‘‘(iii) can accommodate travel by a 
standard passenger vehicle, without restric-
tive gates or prohibitive signs or regula-
tions, other than for general traffic control 
or restrictions based on size, weight, or class 
of registration. 
‘‘(B) STANDARD PASSENGER VEHICLE.—The 
term ‘standard passenger vehicle’ means a vehi-
cle with 6 inches of clearance from the lowest 
point of the frame, body, suspension, or differen-
tial to the ground.’’. 
SEC. 11021. BRIDGES REQUIRING CLOSURE OR LOAD RE-
STRICTIONS. 
Section 144(h) of title 23, United States Code, is 
amended— 
(1) by redesignating paragraphs (6) and (7) as 
paragraphs (7) and (8), respectively;
† HR 22 EAS 
(2) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) BRIDGES REQUIRING CLOSURE OR LOAD RE-
STRICTIONS.— 
‘‘(A) BRIDGES OWNED BY FEDERAL AGEN-
CIES OR TRIBAL GOVERNMENTS.—If a Federal 
agency or tribal government fails to ensure that 
any highway bridge that is open to public travel 
and located in the jurisdiction of the Federal 
agency or tribal government is properly closed or 
restricted to loads that the bridge can carry safe-
ly, the Secretary— 
‘‘(i) shall, on learning of the need to 
close or restrict loads on the bridge, require 
the Federal agency or tribal government to 
take action necessary— 
‘‘(I) to close the bridge within 48 
hours; or 
‘‘(II) within 30 days, to restrict 
public travel on the bridge to loads 
that the bridge can carry safely; and 
‘‘(ii) may, if the Federal agency or 
tribal government fails to take action re-
quired under clause (i), withhold all fund-
† HR 22 EAS 
ing authorized under this title for the Fed-
eral agency or tribal government.’’. 
‘‘(B) OTHER BRIDGES.—If a State fails to 
ensure that any highway bridge, other than a 
bridge described in subparagraph (A), that is 
open to public travel and is located within the 
boundaries of the State is properly closed or re-
stricted to loads the bridge can carry safely, the 
Secretary— 
‘‘(i) shall, on learning of the need to 
close or restrict loads on the bridge, require 
the State to take action necessary— 
‘‘(I) to close the bridge within 48 
hours; or 
‘‘(II) within 30 days, to restrict 
public travel on the bridge to loads 
that the bridge can carry safely; and 
‘‘(ii) may, if the State fails to take ac-
tion required under clause (i), withhold ap-
proval for Federal-aid projects in that 
State.’’; and 
(3) in paragraph (8) (as redesignated by para-
graph (1)), by striking ‘‘(6)’’ and inserting ‘‘(7)’’.
† HR 22 EAS 
SEC. 11022. NATIONAL ELECTRIC VEHICLE CHARGING AND 
NATURAL GAS FUELING CORRIDORS. 
(a) IN GENERAL.—Chapter 1 of title 23, United States 
Code, is amended by inserting after section 150 the fol-
lowing: 
‘‘§ 151. National electric vehicle charging and natural 
gas fueling corridors 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the DRIVE Act, the Secretary shall 
designate national electric vehicle charging and natural gas 
fueling corridors that identify the near- and long-term need 
for, and location of, electric vehicle charging infrastructure 
and natural gas fueling infrastructure at strategic locations 
along major national highways to improve the mobility of 
passenger and commercial vehicles that employ electric and 
natural gas fueling technologies across the United States. 
‘‘(b) DESIGNATION OF CORRIDORS.—In designating 
the corridors under subsection (a), the Secretary shall— 
‘‘(1) solicit nominations from State and local of-
ficials for facilities to be included in the corridors; 
‘‘(2) incorporate existing electric vehicle charging 
and natural gas fueling corridors designated by a 
State or group of States; and 
‘‘(3) consider the demand for, and location of, 
existing electric vehicle charging and natural gas fuel-
ing infrastructure.
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† HR 22 EAS 
ure of which would have a debilitating impact on na-
tional or regional economic security, national or re-
gional energy security, national or regional public 
health or safety, or any combination of those matters. 
‘‘(2) DESIGNATION.—The asset management plan 
of a State developed pursuant to subsection (e) may 
include a designation of a critical infrastructure net-
work of facilities from among those facilities in the 
State that are eligible under subsection (c). 
‘‘(3) RISK REDUCTION.—A State may use funds 
apportioned under this section for projects intended to 
reduce the risk of failure of facilities designated as 
being on the critical infrastructure network of the 
State.’’. 
(b) Section 144 of title 23, United States Code, is 
amended— 
(1) in subsection (a)(1)(B), by striking ‘‘defi-
cient’’; and 
(2) in subsection (b)(5), by striking ‘‘each struc-
turally deficient bridge’’ and inserting ‘‘each bridge 
in poor condition’’. 
(c) Section 202(d) of title 23, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘deficient’’;
114 
† HR 22 EAS 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) to consider and respond to comments 
received from participating agencies on matters 
within the special expertise or jurisdiction of the 
participating agencies.’’. 
(b) PARTICIPATING AGENCY RESPONSIBILITIES.—Sec-
tion 139(d) of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘(8) 
PARTICIPATING
AGENCY
RESPONSIBIL-
ITIES.—An agency participating in the collaborative 
environmental review process under this section 
shall— 
‘‘(A) provide comments, responses, studies, 
or methodologies on those areas within the spe-
cial expertise or jurisdiction of the Federal par-
ticipating or cooperating agency; and 
‘‘(B) use the process to address any environ-
mental issues of concern to the participating or 
cooperating agency.’’. 
SEC. 11104. INITIATION OF ENVIRONMENTAL REVIEW PROC-
ESS. 
Section 139 of title 23, United States Code, is amend-
ed—
115 
† HR 22 EAS 
(1) in subsection (a), by striking paragraph (6) 
and inserting the following: 
‘‘(6) PROJECT.— 
‘‘(A) IN
GENERAL.—The term ‘project’ 
means any highway project, public transpor-
tation capital project, or multimodal project 
that, if implemented as proposed by the project 
sponsor, would require approval by any oper-
ating administration or secretarial office within 
the Department. 
‘‘(B) CONSIDERATIONS.—For purposes of 
this paragraph, the Secretary shall take into ac-
count, if known, any sources of Federal funding 
or financing identified by the project sponsor, 
including discretionary grant, loan, and loan 
guarantee programs administered by the Depart-
ment.’’; 
(2) in subsection (e)— 
(A) in paragraph (1), by inserting ‘‘(in-
cluding any additional information that the 
project sponsor considers to be important to ini-
tiate the process for the proposed project)’’ after 
‘‘location of the proposed project’’; and 
(B) by adding at the end the following: