(ii) EXCLUSIONS.—The term ‘‘small 
business concern’’ does not include any con-
cern or group of concerns controlled by the 
same socially and economically disadvan-
taged individual or individuals that have 
average annual gross receipts during the 
preceding 3 fiscal years in excess of 
$22,410,000, as adjusted annually by the 
Secretary for inflation. 
(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED INDIVIDUALS.—The term ‘‘socially 
and economically disadvantaged individuals’’ 
means— 
(i) women; and 
(ii) any other socially and economi-
cally disadvantaged individuals (as the 
term is used in section 8(d) of the Small 
Business Act (15 U.S.C. 637(d)) and rel-
evant subcontracting regulations promul-
gated pursuant to that Act). 
(2) AMOUNTS
FOR
SMALL
BUSINESS
CON-
CERNS.—Except to the extent that the Secretary deter-
mines otherwise, not less than 10 percent of the 
amounts made available for any program under titles 
I, II, and VII of this Act and section 403(a) of title 
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23, United States Code, shall be expended through 
small business concerns owned and controlled by so-
cially and economically disadvantaged individuals. 
(3) ANNUAL LISTING OF DISADVANTAGED BUSI-
NESS ENTERPRISES.—Each State shall annually— 
(A) survey and compile a list of the small 
business concerns referred to in paragraph (2) in 
the State, including the location of the small 
business concerns in the State; and 
(B) notify the Secretary, in writing, of the 
percentage of the small business concerns that 
are controlled by— 
(i) women; 
(ii) socially and economically dis-
advantaged 
individuals 
(other 
than 
women); and 
(iii) individuals who are women and 
are otherwise socially and economically dis-
advantaged individuals. 
(4) UNIFORM CERTIFICATION.— 
(A) IN GENERAL.—The Secretary shall es-
tablish minimum uniform criteria for use by 
State governments in certifying whether a con-
cern qualifies as a small business concern for the 
purpose of this subsection. 
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(B) INCLUSIONS.—The minimum uniform 
criteria established under subparagraph (A) shall 
include, with respect to a potential small busi-
ness concern— 
(i) on-site visits; 
(ii) personal interviews with personnel; 
(iii) issuance or inspection of licenses; 
(iv) analyses of stock ownership; 
(v) listings of equipment; 
(vi) analyses of bonding capacity; 
(vii) listings of work completed; 
(viii) examination of the resumes of 
principal owners; 
(ix) analyses of financial capacity; 
and 
(x) analyses of the type of work pre-
ferred. 
(5) REPORTING.—The Secretary shall establish 
minimum requirements for use by State governments 
in reporting to the Secretary— 
(A) information concerning disadvantaged 
business enterprise awards, commitments, and 
achievements; and 
(B) such other information as the Secretary 
determines to be appropriate for the proper mon-
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itoring of the disadvantaged business enterprise 
program. 
(6) COMPLIANCE WITH COURT ORDERS.—Noth-
ing in this subsection limits the eligibility of an indi-
vidual or entity to receive funds made available 
under titles I, II, and VII of this Act and section 
403(a) of title 23, United States Code, if the entity 
or person is prevented, in whole or in part, from com-
plying with paragraph (2) because a Federal court 
issues a final order in which the court finds that a 
requirement or the implementation of paragraph (2) 
is unconstitutional. 
SEC. 1102. HIGHWAY OBLIGATION CEILING. 
(a) GENERAL LIMITATION.—Subject to subsection (f), 
and notwithstanding any other provision of law, the obliga-
tions for Federal-aid highway and highway safety construc-
tion programs authorized from the Highway Trust Fund 
(other than the Alternative Transportation Account) shall 
not exceed— 
(1) $37,366,000,000 for fiscal year 2013; 
(2) $37,621,000,000 for fiscal year 2014; 
(3) $37,676,000,000 for fiscal year 2015; and 
(4) $38,000,000,000 for fiscal year 2016. 
(b) EXCEPTIONS.—The limitations under subsection 
(a) shall not apply to obligations under or for— 
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(1) section 125 of title 23, United States Code; 
(2) section 147 of the Surface Transportation As-
sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 
2714); 
(3) section 9 of the Federal-Aid Highway Act of 
1981 (Public Law 97–134; 95 Stat. 1701); 
(4) subsections (b) and (j) of section 131 of the 
Surface Transportation Assistance Act of 1982 (Pub-
lic Law 97–424; 96 Stat. 2119); 
(5) subsections (b) and (c) of section 149 of the 
Surface Transportation and Uniform Relocation As-
sistance Act of 1987 (Public Law 100–17; 101 Stat. 
198); 
(6) sections 1103 through 1108 of the Intermodal 
Surface Transportation Efficiency Act of 1991 (Pub-
lic Law 102–240; 105 Stat. 2027); 
(7) section 157 of title 23, United States Code 
(as in effect on June 8, 1998); 
(8) section 105 of title 23, United States Code 
(as in effect for fiscal years 1998 through 2004, but 
only in an amount equal to $639,000,000 for each of 
those fiscal years); 
(9) Federal-aid highway programs for which ob-
ligation authority was made available under the 
Transportation Equity Act for the 21st Century (Pub-
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lic Law 105–178; 112 Stat. 107) or subsequent public 
laws for multiple years or to remain available until 
used, but only to the extent that the obligation author-
ity has not lapsed or been used; 
(10) section 105 of title 23, United States Code 
(as in effect for fiscal years 2005 through 2012, but 
only in an amount equal to $639,000,000 for each of 
those fiscal years); 
(11) section 1603 of SAFETEA–LU (Public Law 
109–59; 119 Stat. 1248), to the extent that funds obli-
gated in accordance with that section were not subject 
to a limitation on obligations at the time at which 
the funds were initially made available for obligation; 
and 
(12) section 105 of title 23, United States Code 
(as in effect for fiscal years 2013 through 2016, but 
only in an amount equal to $639,000,000 for each of 
such fiscal years). 
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For 
each of fiscal years 2013 through 2016, the Secretary— 
(1) shall not distribute obligation authority pro-
vided by subsection (a) for the fiscal year for amounts 
authorized for administrative expenses and programs 
by section 104(a) of title 23, United States Code; 
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not distributed under paragraphs (1) and (2) and the 
aggregate of amounts distributed under paragraphs 
(4) and (5), for Federal-aid highway and highway 
safety construction programs (other than the amounts 
apportioned for the equity bonus program, but only 
to the extent that the amounts apportioned for the eq-
uity bonus program for the fiscal year are greater 
than $2,639,000,000, and the Appalachian develop-
ment highway system program) that are apportioned 
by the Secretary under this Act and title 23, United 
States Code, in the ratio that— 
(A) amounts authorized to be appropriated 
for the programs that are apportioned to each 
State for the fiscal year; bear to 
(B) the total of the amounts authorized to 
be appropriated for the programs that are ap-
portioned to all States for the fiscal year. 
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (c), the Secretary 
shall, after August 1 of each of fiscal years 2013 through 
2016— 
(1) revise a distribution of the obligation author-
ity made available under subsection (c) if an amount 
distributed cannot be obligated during that fiscal 
year; and 
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(2) redistribute sufficient amounts to those States 
able to obligate amounts in addition to those pre-
viously distributed during that fiscal year, giving pri-
ority to those States having large unobligated bal-
ances of funds apportioned under section 104 of title 
23, United States Code, and section 144 of such title 
(as in effect on the day before the date of enactment 
of this Act). 
(e) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED 
FUNDS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of distribution of obligation authority under 
subsection (c) for each of fiscal years 2013 through 
2016, the Secretary shall distribute to the States any 
funds that— 
(A) are authorized to be appropriated for 
the fiscal year for Federal-aid highway pro-
grams; and 
(B) the Secretary determines will not be al-
located to the States, and will not be available 
for obligation, in the fiscal year due to the impo-
sition of any obligation limitation for the fiscal 
year. 
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(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same ratio as the distribution 
of obligation authority under subsection (c)(6). 
(3) AVAILABILITY.—Funds distributed under 
paragraph (1) shall be available for any purpose de-
scribed in section 133(b) of title 23, United States 
Code. 
(f) SPECIAL LIMITATION CHARACTERISTICS.—Obliga-
tion authority distributed for a fiscal year under subsection 
(c)(4) for the provision specified in subsection (c)(4) shall— 
(1) remain available until used for obligation of 
funds for that provision; and 
(2) be in addition to the amount of any limita-
tion imposed on obligations for Federal-aid highway 
and highway safety construction programs for future 
fiscal years. 
SEC. 1103. ALTERNATIVE TRANSPORTATION ACCOUNT OB-
LIGATION CEILING. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the total of all obligations from amounts made 
available from the Alternative Transportation Account of 
the Highway Trust Fund for the programs for which sums 
are authorized to be appropriated under sections 1101(b) 
and 7001(a) of this Act shall not exceed $2,707,000,000 for 
each of fiscal years 2013 through 2016. 
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(b) AVAILABILITY
OF
FUNDS.—Section 118(a) is 
amended— 
(1) by striking ‘‘Mass Transit Account’’ and in-
serting ‘‘Alternative Transportation Account’’; and 
(2) by inserting ‘‘, and amounts made available 
from the Alternative Transportation Account to carry 
out the congestion mitigation and air quality im-
provement program under section 149, the ferry boat 
and ferry terminal facilities program under section 
147, the Puerto Rico highway program under section 
165, and the territorial highway program under sec-
tion 215,’’ before ‘‘shall be available’’. 
SEC. 1104. APPORTIONMENT. 
Section 104 is amended to read as follows: 
‘‘§ 104. Apportionment 
‘‘(a) ADMINISTRATIVE EXPENSES.— 
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated from the Highway Trust Fund (other than 
the Alternative Transportation Account) to be made 
available to the Secretary for administrative expenses 
of the Federal Highway Administration $400,000,000 
for each of fiscal years 2013 through 2016. 
‘‘(2) PURPOSES.—The funds made available 
under paragraph (1) shall be used— 
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‘‘(A) to administer the provisions of law to 
be financed from appropriations for the Federal- 
aid highway program and programs authorized 
under chapter 2; and 
‘‘(B) to make transfers of such sums as the 
Secretary determines to be appropriate to the 
Appalachian Regional Commission for adminis-
trative activities associated with the Appa-
lachian development highway system. 
‘‘(3) 
AVAILABILITY.—Funds 
made 
available 
under paragraph (1) shall remain available until ex-
pended. 
‘‘(b) APPORTIONMENTS.—On October 1 of each fiscal 
year, the Secretary, after making the set-asides authorized 
by subsection (f), subsections (b) and (c) of section 140, and 
section 130(e), shall apportion the remainder of the sums 
authorized to be appropriated for expenditure on the Na-
tional Highway System program, the congestion mitigation 
and air quality improvement program, the surface trans-
portation program, and the highway safety improvement 
program among the several States in the following manner: 
‘‘(1) NATIONAL HIGHWAY SYSTEM PROGRAM.— 
‘‘(A) IN GENERAL.—For the National High-
way System program, in accordance with the 
following formula: 
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‘‘(i) 15 percent of the apportionments 
in the ratio that— 
‘‘(I) the total lane miles of prin-
cipal arterial routes (excluding Inter-
state System routes) in each State; 
bears to 
‘‘(II) the total lane miles of prin-
cipal arterial routes (excluding Inter-
state System routes) in all States. 
‘‘(ii) 15 percent of the apportionments 
in the ratio that— 
‘‘(I) the total vehicle miles trav-
eled on lanes on principal arterial 
routes (excluding Interstate System 
routes) in each State; bears to 
‘‘(II) the total vehicle miles trav-
eled on lanes on principal arterial 
routes (excluding Interstate System 
routes) in all States. 
‘‘(iii) 5 percent of the apportionments 
in the ratio that— 
‘‘(I) the quotient obtained by di-
viding the total lane miles on prin-
cipal arterial highways in each State 
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by the total population of the State; 
bears to 
‘‘(II) the quotient obtained by di-
viding the total lane miles on prin-
cipal arterial highways in all States 
by the total population of all States. 
‘‘(iv) 15 percent of the apportionments 
in the ratio that— 
‘‘(I) the total lane miles on Inter-
state System routes open to traffic in 
each State; bears to 
‘‘(II) the total lane miles on Inter-
state System routes open to traffic in 
all States. 
‘‘(v) 15 percent of the apportionments 
in the ratio that— 
‘‘(I) the total vehicle miles trav-
eled on Interstate System routes open 
to traffic in each State; bears to 
‘‘(II) the total vehicle miles trav-
eled on Interstate System routes open 
to traffic in all States. 
‘‘(vi) 35 percent of the apportionments 
in the ratio that— 
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‘‘(I) the total of the annual con-
tributions to the Highway Trust Fund 
(other than the Alternative Transpor-
tation Account) attributable to com-
mercial vehicles in each State; bears to 
‘‘(II) the total of the annual con-
tributions to the Highway Trust Fund 
(other than the Alternative Transpor-
tation Account) attributable to com-
mercial vehicles in all States. 
‘‘(B) MINIMUM APPORTIONMENT.—Notwith-
standing subparagraph (A), each State shall re-
ceive a minimum of 1⁄2 of 1 percent of the funds 
apportioned for a fiscal year under this para-
graph. 
‘‘(2) CONGESTION MITIGATION AND AIR QUALITY 
IMPROVEMENT PROGRAM.— 
‘‘(A) IN
GENERAL.—For the congestion 
mitigation and air quality improvement pro-
gram, in the ratio that— 
‘‘(i) the total of all weighted nonattain-
ment and maintenance area populations in 
each State; bears to 
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‘‘(ii) the total of all weighted non-
attainment and maintenance area popu-
lations in all States. 
‘‘(B) CALCULATION
OF
WEIGHTED
NON-
ATTAINMENT
AND
MAINTENANCE
AREA
POPU-
LATION.—Subject to subparagraph (C), for the 
purpose of subparagraph (A), the weighted non-
attainment and maintenance area population 
shall be calculated by multiplying the population 
of each area in a State that was a nonattain-
ment area or maintenance area as described in 
section 149(b) for ozone or carbon monoxide by 
a factor of— 
‘‘(i) 1.0 if, at the time of the appor-
tionment, the area is a maintenance area; 
‘‘(ii) 1.0 if, at the time of the appor-
tionment, the area is classified as a mar-
ginal ozone nonattainment area under sub-
part 2 of part D of title I of the Clean Air 
Act (42 U.S.C. 7511 et seq.); 
‘‘(iii) 1.1 if, at the time of the appor-
tionment, the area is classified as a mod-
erate ozone nonattainment area under such 
subpart; 
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‘‘(iv) 1.2 if, at the time of the appor-
tionment, the area is classified as a serious 
ozone nonattainment area under such sub-
part; 
‘‘(v) 1.3 if, at the time of the appor-
tionment, the area is classified as a severe 
ozone nonattainment area under such sub-
part; 
‘‘(vi) 1.4 if, at the time of the appor-
tionment, the area is classified as an ex-
treme ozone nonattainment area under such 
subpart; 
‘‘(vii) 1.0 if, at the time of the appor-
tionment, the area is not a nonattainment 
or maintenance area as described in section 
149(b) for ozone, but is classified under sub-
part 3 of part D of title I of such Act (42 
U.S.C. 7512 et seq.) as a nonattainment 
area described in section 149(b) for carbon 
monoxide; or 
‘‘(viii) 1.0 if, at the time of the appor-
tionment, an area is designated as non-
attainment for ozone under subpart 1 of 
part D of title I of such Act (42 U.S.C. 
7501 et seq.). 
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‘‘(C) ADDITIONAL
ADJUSTMENT
FOR
CAR-
BON MONOXIDE AREAS.—If, in addition to being 
designated as a nonattainment or maintenance 
area for ozone as described in section 149(b), any 
county within the area was also classified under 
subpart 3 of part D of title I of the Clean Air 
Act (42 U.S.C. 7512 et seq.) as a nonattainment 
or maintenance area described in section 149(b) 
for carbon monoxide, the weighted nonattain-
ment or maintenance area population of the 
county, as determined under clauses (i) through 
(vi) or clause (viii) of subparagraph (B), shall be 
further multiplied by a factor of 1.2. 
‘‘(D) MINIMUM APPORTIONMENT.—Notwith-
standing any other provision of this paragraph, 
each State shall receive a minimum of 1⁄2 of 1 
percent of the funds apportioned for a fiscal year 
under this paragraph. 
‘‘(E) DETERMINATIONS OF POPULATION.— 
In determining population figures for the pur-
poses of this paragraph, the Secretary shall use 
the latest available annual estimates prepared by 
the Secretary of Commerce. 
‘‘(3) SURFACE TRANSPORTATION PROGRAM.— 
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‘‘(A) IN GENERAL.—For the surface trans-
portation program, in accordance with the fol-
lowing formula: 
‘‘(i) 15 percent of the apportionments 
in the ratio that— 
‘‘(I) the total lane miles of Fed-
eral-aid highways in each State; bears 
to 
‘‘(II) the total lane miles of Fed-
eral-aid highways in all States. 
‘‘(ii) 25 percent of the apportionments 
in the ratio that— 
‘‘(I) the total vehicle miles trav-
eled on lanes on Federal-aid highways 
in each State; bears to 
‘‘(II) the total vehicle miles trav-
eled on lanes on Federal-aid highways 
in all States. 
‘‘(iii) 25 percent of the apportionments 
in the ratio that— 
‘‘(I) the estimated tax payments 
attributable to highway users in each 
State paid into the Highway Trust 
Fund (other than the Alternative 
Transportation Account) in the latest 
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fiscal year for which data are avail-
able; bears to 
‘‘(II) the estimated tax payments 
attributable to highway users in all 
States paid into the Highway Trust 
Fund (other than the Alternative 
Transportation Account) in the latest 
fiscal year for which data are avail-
able. 
‘‘(iv) 35 percent of the apportionments 
in the ratio that— 
‘‘(I) the bridge replacement and 
rehabilitation costs in each State (as 
determined under subsection (c)(4)); 
bears to 
‘‘(II) the bridge replacement and 
rehabilitation costs in all States (as 
determined under subsection (c)(5)). 
‘‘(B) MINIMUM APPORTIONMENT.—Notwith-
standing subparagraph (A), each State shall re-
ceive a minimum of 1⁄2 of 1 percent of the funds 
apportioned for a fiscal year under this para-
graph. 
‘‘[(4) Reserved.] 
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‘‘(5) HIGHWAY
SAFETY
IMPROVEMENT
PRO-
GRAM.— 
‘‘(A) IN GENERAL.—For the highway safety 
improvement program, in accordance with the 
following formula: 
‘‘(i) 331⁄3 percent of the apportion-
ments in the ratio that— 
‘‘(I) the total lane miles of Fed-
eral-aid highways in each State; bears 
to 
‘‘(II) the total lane miles of Fed-
eral-aid highways in all States. 
‘‘(ii) 331⁄3 percent of the apportion-
ments in the ratio that— 
‘‘(I) the total vehicle miles trav-
eled on lanes on Federal-aid highways 
in each State; bears to 
‘‘(II) the total vehicle miles trav-
eled on lanes on Federal-aid highways 
in all States. 
‘‘(iii) 331⁄3 percent of the apportion-
ments in the ratio that— 
‘‘(I) the number of fatalities on 
Federal-aid highways in each State in 
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the latest fiscal year for which data are 
available; bears to 
‘‘(II) the number of fatalities on 
Federal-aid highways in all States in 
the latest fiscal year for which data are 
available. 
‘‘(B) MINIMUM APPORTIONMENT.—Notwith-
standing subparagraph (A), each State shall re-
ceive a minimum of 1⁄2 of 1 percent of the funds 
apportioned for a fiscal year under this para-
graph. 
‘‘(c) BRIDGE CALCULATION.—For each fiscal year, the 
Secretary shall determine the bridge replacement and reha-
bilitation costs as follows: 
‘‘(1) The Secretary shall identify deficient high-
way bridges in each State. 
‘‘(2) The Secretary shall place each deficient 
highway bridge into one of the following categories: 
‘‘(A) Federal-aid highway bridges eligible 
for replacement. 
‘‘(B) Federal-aid highway bridges eligible 
for rehabilitation. 
‘‘(C) Bridges not on Federal-aid highways 
eligible for replacement. 
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‘‘(D) Bridges not on Federal-aid highways 
eligible for rehabilitation. 
‘‘(3) The Secretary shall determine— 
‘‘(A) the deck area of deficient highway 
bridges in each category described in paragraph 
(2); and 
‘‘(B) the respective unit price of such deck 
area on a State-by-State basis. 
‘‘(4) The Secretary shall determine the bridge re-
placement and rehabilitation costs for each State by 
multiplying the deck area of deficient bridges in the 
State by the respective unit price. 
‘‘(5) The Secretary shall determine the bridge re-
placement and rehabilitation costs for all States by 
multiplying the deck area of deficient bridges in all 
States by the respective unit price. 
‘‘(d) CERTIFICATION OF APPORTIONMENTS.— 
‘‘(1) IN GENERAL.—On October 1 of each fiscal 
year, the Secretary shall certify to each of the State 
transportation departments the sums which the Sec-
retary has apportioned under this section to each 
State for such fiscal year. To permit the States to de-
velop adequate plans for the utilization of appor-
tioned sums, the Secretary shall advise each State of 
the amount that will be apportioned each year under 
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this section not later than 90 days before the begin-
ning of the fiscal year for which the sums to be ap-
portioned are authorized. 
‘‘(2) NOTICE TO STATES.—If the Secretary has 
not made an apportionment under this section or sec-
tion 105 by the 21st day of a fiscal year beginning 
after September 30, 2012, the Secretary shall trans-
mit, by such 21st day, to the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public 
Works of the Senate a written statement of the reason 
for not making such apportionment in a timely man-
ner. 
‘‘(e) AUDITS OF HIGHWAY TRUST FUND.—From ad-
ministrative funds made available under subsection (a), the 
Secretary may reimburse the Office of Inspector General of 
the Department of Transportation for the conduct of annual 
audits of financial statements in accordance with section 
3521 of title 31. 
‘‘(f) METROPOLITAN PLANNING.— 
‘‘(1) SET ASIDE.—On October 1 of each fiscal 
year, the Secretary shall set aside 1.15 percent of the 
funds authorized to be appropriated for the National 
Highway System program and surface transportation 
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program authorized under this title to carry out the 
requirements of section 5203 of title 49. 
‘‘(2) APPORTIONMENT TO STATES OF SET-ASIDE 
FUNDS.—Funds set aside under paragraph (1) shall 
be apportioned to the States in the ratio which the 
population in urbanized areas, or parts thereof, in 
each State bears to the total population in such ur-
banized areas in all the States as shown by the latest 
available census, except that no State shall receive less 
than 1⁄2 of 1 percent of the amount apportioned. 
‘‘(3) USE OF FUNDS.— 
‘‘(A) IN GENERAL.—The funds apportioned 
to any State under paragraph (2) shall be made 
available by the State to the metropolitan plan-
ning organizations responsible for carrying out 
the provisions of section 5203 of title 49, except 
that States receiving the minimum apportion-
ment under paragraph (2) may, in addition, 
subject to the approval of the Secretary, use the 
funds apportioned to finance transportation 
planning outside of urbanized areas. 
‘‘(B) UNUSED FUNDS.—Any funds that are 
not used to carry out section 5203 of title 49 
may be made available by a metropolitan plan-
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ning organization to the State to fund activities 
under section 5204 of such title. 
‘‘(4) DISTRIBUTION OF FUNDS WITHIN STATES.— 
‘‘(A) IN GENERAL.—The distribution within 
any State of the planning funds made available 
to agencies under paragraph (3) shall be in ac-
cordance with a formula developed by each State 
and approved by the Secretary that shall con-
sider, but not necessarily be limited to, popu-
lation, status of planning, attainment of air 
quality standards, metropolitan area transpor-
tation needs, and other factors necessary to pro-
vide for an appropriate distribution of funds to 
carry out the requirements of section 5203 of 
title 49 and other applicable requirements of 
Federal law. 
‘‘(B) REIMBURSEMENT.—Not later than 30 
days after the date of receipt by a State of a re-
quest for reimbursement of expenditures made by 
a metropolitan planning organization for car-
rying out section 5203 of title 49, the State shall 
reimburse, from funds distributed under this 
paragraph to the metropolitan planning organi-
zation by the State, the metropolitan planning 
organization for those expenditures. 
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‘‘(5) DETERMINATION
OF
POPULATION
FIG-
URES.—For the purposes of determining population 
figures under this subsection, the Secretary shall use 
the most recent estimate published by the Secretary of 
Commerce. 
‘‘(g) REPORT TO CONGRESS.—For each fiscal year, the 
Secretary shall submit to Congress, and also make available 
to the public in a user-friendly format via the Internet, a 
report on— 
‘‘(1) the amount obligated, by each State, for 
Federal-aid highways and highway safety construc-
tion programs during the preceding fiscal year; 
‘‘(2) the balance, as of the last day of the pre-
ceding fiscal year, of the unobligated apportionment 
of each State by fiscal year under this section and 
section 105; 
‘‘(3) the balance of unobligated sums available 
for expenditure at the discretion of the Secretary for 
such highways and programs for the fiscal year; and 
‘‘(4) the rates of obligation of funds apportioned 
or set aside under this section and sections 105 and 
133, according to— 
‘‘(A) program; 
‘‘(B) funding category or subcategory; 
‘‘(C) type of improvement; 
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‘‘(D) State; and 
‘‘(E) sub-State geographic area, including 
urbanized and rural areas, on the basis of the 
population of each such area. 
‘‘(h) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.— 
‘‘(1) TRANSFER OF HIGHWAY FUNDS FOR TRAN-
SIT PROJECTS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), funds made available under this title 
for transit projects or transportation planning 
may be transferred to and administered by the 
Secretary in accordance with chapter 53 of title 
49. 
‘‘(B) NON-FEDERAL
SHARE.—The provi-
sions of this title relating to the non-Federal 
share shall apply to the funds transferred under 
subparagraph (A). 
‘‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGH-
WAY PROJECTS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), funds made available under chapter 
53 of title 49 for highway projects or transpor-
tation planning may be transferred to and ad-
ministered by the Secretary in accordance with 
this title. 
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‘‘(B) NON-FEDERAL
SHARE.—The provi-
sions of chapter 53 of title 49 relating to the 
non-Federal share shall apply to funds trans-
ferred under subparagraph (A). 
‘‘(3) TRANSFER OF FUNDS AMONG STATES OR TO 
FEDERAL HIGHWAY ADMINISTRATION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), the Secretary, at the request 
of a State, may transfer funds apportioned or al-
located under this title to the State to another 
State, or to the Federal Highway Administra-
tion, for the purpose of funding one or more 
projects that are eligible for assistance with 
funds so apportioned or allocated. 
‘‘(B) APPORTIONMENT.—A transfer under 
subparagraph (A) shall have no effect on any ap-
portionment of funds to a State under this sec-
tion or section 105. 
‘‘(C) 
SURFACE
TRANSPORTATION
PRO-
GRAM.—Funds that are apportioned or allocated 
to a State under subsection (b)(3) and attributed 
to an urbanized area of a State with a popu-
lation of over 200,000 individuals under section 
133(d)(3) may be transferred under this para-
graph only if the metropolitan planning organi-
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zation designated for the area concurs, in writ-
ing, with the transfer request. 
‘‘(4) TRANSFER OF OBLIGATION AUTHORITY.— 
Obligation authority for funds transferred under this 
subsection shall be transferred in the same manner 
and amount as the funds for the projects that are 
transferred under this subsection. 
‘‘(i) RECREATIONAL TRAILS PROGRAM.— 
‘‘(1) ADMINISTRATIVE
COSTS.—Before appor-
tioning sums authorized to be appropriated to carry 
out the recreational trails program under section 206, 
the Secretary shall deduct for administrative, re-
search, technical assistance, and training expenses for 
such program $840,000 for each fiscal year. The Sec-
retary may enter into contracts with for-profit orga-
nizations or contracts, partnerships, or cooperative 
agreements with other government agencies, institu-
tions of higher learning, or nonprofit organizations to 
perform these tasks. 
‘‘(2) APPORTIONMENT
TO
THE
STATES.—The 
Secretary shall apportion the sums authorized to be 
appropriated for expenditure on the recreational 
trails program for each fiscal year among eligible 
States in the following manner: 
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‘‘(A) 50 percent equally among eligible 
States. 
‘‘(B) 50 percent in amounts proportionate 
to the degree of non-highway recreational fuel 
use in each eligible State during the preceding 
year. 
‘‘(3) ELIGIBLE STATE DEFINED.—In this sub-
section, the term ‘eligible State’ means a State that 
meets the requirements of section 206(c).’’. 
SEC. 1105. FEDERAL-AID SYSTEMS. 
Section 103(b) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A) by inserting ‘‘and the modifications to the 
system approved by the Secretary before the date 
of enactment of the American Energy and Infra-
structure Jobs Act of 2012’’ after ‘‘1996’’; and 
(B) in subparagraph (C) by inserting ‘‘and 
commerce’’ before the period at the end; 
(2) in paragraph (2)— 
(A) in subparagraph (B) by inserting ‘‘and 
border crossings on such routes not included on 
the National Highway System before the date of 
enactment of the American Energy and Infra-
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structure Jobs Act of 2012’’ before the period at 
the end; and 
(B) in subparagraph (C) by inserting ‘‘not 
included on the National Highway System before 
the date of enactment of the American Energy 
and Infrastructure Jobs Act of 2012’’ before the 
period at the end; and 
(3) by striking paragraphs (6) and (7) and in-
serting the following: 
‘‘(6) REQUIREMENT FOR STATE ASSET MANAGE-
MENT PLAN FOR NATIONAL HIGHWAY SYSTEM.— 
‘‘(A) IN GENERAL.—A State shall develop 
and implement a risk-based State asset manage-
ment plan for managing all infrastructure assets 
in the right-of-way corridor of the National 
Highway System based on a process established 
by the Secretary. The process shall require use of 
quality information and economic and engineer-
ing analysis to identify a sequence of mainte-
nance, repair, and rehabilitation actions that 
will achieve and maintain a desired state of good 
repair over the lifecycle of the network at the 
least possible cost. 
‘‘(B) PERFORMANCE GOALS.—A State asset 
management plan shall include strategies lead-
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ing to a program of projects that will make 
progress toward achievement of the national 
goals for infrastructure condition and perform-
ance of the National Highway System in a man-
ner consistent with the requirements of chapter 
52 of title 49. 
‘‘(C) PLAN CONTENTS.—A State asset man-
agement plan shall be in a form that the Sec-
retary determines to be appropriate and shall in-
clude, at a minimum, the following: 
‘‘(i) A summary listing of the highway 
infrastructure assets on the National High-
way System in the State that includes cur-
rent condition and performance statistics by 
asset. 
‘‘(ii) Asset management objectives and 
measures. 
‘‘(iii) Analysis of lifecycle cost, value 
for investment, and risk management. 
‘‘(iv) A financial plan. 
‘‘(v) Investment strategies. 
‘‘(D) PROCESS.—Not later than 2 years 
after the date of enactment of the American En-
ergy and Infrastructure Jobs Act of 2012, the 
Secretary shall establish a process by which a 
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State shall develop and implement a risk-based 
State asset management plan described in sub-
paragraph (A). 
‘‘(E) COMPLIANCE.—Notwithstanding sec-
tion 120, with respect to the second fiscal year 
beginning after the date of establishment of the 
process under subparagraph (D) or any subse-
quent fiscal year, if the Secretary determines 
that a State has not developed and implemented 
a State asset management plan in a manner 
consistent with this section, the Federal share 
payable on account of any project or activity 
carried out by the State in that fiscal year under 
section 119 shall be 70 percent.’’. 
SEC. 1106. NATIONAL HIGHWAY SYSTEM PROGRAM. 
(a) IN GENERAL.—Section 119 is amended to read as 
follows: 
‘‘§ 119. National Highway System program 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
and implement a National Highway System program 
under this section. 
‘‘(b) PURPOSES.—The purposes of the National High-
way System program shall be— 
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‘‘(1) to provide support for the condition and 
operational performance of the National Highway 
System; 
‘‘(2) to provide support for the construction of 
new facilities on the National Highway System; and 
‘‘(3) to ensure that investments of National 
Highway System program funds are directed to 
achievement of performance goals established in a 
State’s asset management plan for the National High-
way System under section 103(b)(6). 
‘‘(c) ELIGIBLE FACILITIES.—Except as otherwise spe-
cifically provided by this section, to be eligible for funding 
apportioned under section 104(b)(1) to carry out this sec-
tion, a facility must be located on the National Highway 
System. 
‘‘(d) ELIGIBLE PROJECTS.—Funds apportioned to a 
State to carry out this section may be obligated only for 
a project that is— 
‘‘(1) on an eligible facility, as described in sub-
section (c); 
‘‘(2) a project, or is a part of a program of 
projects, supporting progress toward the achievement 
of national performance goals under section 5206 of 
title 49 for improving infrastructure condition, safety, 
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mobility, or freight movement on the National High-
way System; 
‘‘(3) consistent with the requirements of sections 
5203 and 5204 of title 49; and 
‘‘(4) for one or more of the purposes specified in 
subsection (e). 
‘‘(e) PROJECT PURPOSES.—A project receiving fund-
ing under this section shall be for one or more of the fol-
lowing purposes: 
‘‘(1) Construction, reconstruction, resurfacing, 
restoration, rehabilitation, preservation, or oper-
ational improvements of segments of the National 
Highway System. 
‘‘(2) Construction, reconstruction, replacement 
(including replacement with fill material), rehabilita-
tion, preservation, and protection (including scour 
countermeasures, seismic retrofits, and impact protec-
tion measures) of bridges and tunnels on the National 
Highway System. 
‘‘(3) Inspection and evaluation, as defined in 
section 151, of bridges and tunnels on the National 
Highway System, or inspection and evaluation of 
other highway infrastructure assets on the National 
Highway System. 
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‘‘(4) Training of bridge and tunnel inspectors, as 
defined in section 151. 
‘‘(5) Rehabilitation or replacement of existing 
ferry boats and ferry boat facilities, including ap-
proaches, that connect road segments of the National 
Highway System. 
‘‘(6) Highway safety improvements for segments 
of the National Highway System. 
‘‘(7) Capital and operating costs for traffic man-
agement and traveler information monitoring, man-
agement, and control facilities and programs for the 
National Highway System. 
‘‘(8) Infrastructure-based intelligent transpor-
tation systems capital improvements for the National 
Highway System. 
‘‘(9) Development and implementation of a State 
asset management plan for the National Highway 
System in accordance with section 103(b), including 
data collection, maintenance, and integration and the 
cost associated with obtaining, updating, and licens-
ing software and equipment required for risk-based 
asset management and performance-based manage-
ment. 
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‘‘(10) Environmental mitigation efforts related 
to projects funded under this section, as described in 
subsection (f). 
‘‘(11) Construction of publicly owned intracity 
or intercity bus terminals. 
‘‘(12) Environmental restoration and pollution 
abatement associated with a project funded under this 
section in accordance with section 328. 
‘‘(f) ENVIRONMENTAL MITIGATION.— 
‘‘(1) 
ELIGIBLE
ACTIVITIES.—Environmental 
mitigation efforts referred to in subsection (e)(10) in-
clude— 
‘‘(A) participation in mitigation banking 
or other third-party mitigation arrangements, 
such as— 
‘‘(i) the purchase of credits from com-
mercial mitigation banks; 
‘‘(ii) the establishment and manage-
ment of agency-sponsored mitigation banks; 
and 
‘‘(iii) the purchase of credits or estab-
lishment of in-lieu fee mitigation programs; 
‘‘(B) contributions to statewide and re-
gional efforts to conserve, restore, enhance, and 
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create natural habitats, wetlands, and other re-
sources; and 
‘‘(C) the development of statewide and re-
gional environmental protection plans. 
‘‘(2) INCLUSION
OF
OTHER
ACTIVITIES.—The 
banks, efforts, and plans described in paragraph (1) 
include any such banks, efforts, and plans developed 
in accordance with applicable law (including regula-
tions). 
‘‘(3) TERMS
AND
CONDITIONS.—The following 
terms and conditions apply to natural habitat and 
wetlands mitigation efforts referred to in subsection 
(e)(10): 
‘‘(A) Contributions to the mitigation effort 
may take place concurrent with, in advance of, 
or subsequent to the construction of a project or 
projects. 
‘‘(B) Credits from any agency-sponsored 
mitigation bank that are attributable to funding 
under this section may be used only for projects 
funded under this title unless the agency pays to 
the Secretary an amount equal to the Federal 
funds attributable to the mitigation bank credits 
the agency uses for purposes other than mitiga-
tion of a project funded under this title. 
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‘‘(4) PREFERENCE.—At the discretion of the 
project sponsor, preference shall be given, to the max-
imum extent practicable, to mitigating an environ-
mental impact through the use of a mitigation bank 
or other third-party mitigation arrangement, if the 
use of credits from the mitigation bank for the project 
is approved by the applicable Federal agency. 
‘‘(g) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—Except as provided by para-
graph (2), the Federal share of the cost of a project 
payable from funds made available to carry out this 
section shall be determined under section 120(b). 
‘‘(2) INTERSTATE SYSTEM.—The Federal share of 
the cost of a project on the Interstate System payable 
from funds made available to carry out this section 
shall be determined under section 120(a).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
1 is amended by striking the item relating to section 119 
and inserting the following: 
‘‘119. National Highway System program.’’. 
SEC. 1107. SURFACE TRANSPORTATION PROGRAM. 
(a) ELIGIBLE PROJECTS.—Section 133(b) is amend-
ed— 
(1) by striking paragraphs (1) and (15); 
(2) by redesignating paragraphs (2) through (14) 
as paragraphs (5) through (17), respectively; 
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(3) by inserting before paragraph (5) (as so re-
designated) the following: 
‘‘(1) Construction, reconstruction, rehabilitation, 
resurfacing, restoration, preservation, and operational 
improvements for highways, including construction of 
designated routes of the Appalachian Development 
Highway System. 
‘‘(2) Replacement (including replacement with 
fill material), rehabilitation, preservation, and pro-
tection (including painting, scour countermeasures, 
seismic retrofits, impact protection measures, security 
countermeasures, and protection against extreme 
events) for bridges and tunnels on public roads of all 
functional classifications. 
‘‘(3) Construction of a new bridge or tunnel at 
a new location on a Federal-aid highway. 
‘‘(4) Inspection and evaluation of bridges and 
tunnels and training of bridge and tunnel inspectors 
(as defined in section 151), and inspection and eval-
uation of other highway assets (including signs, re-
taining walls, and drainage structures).’’; and 
(4) by striking paragraph (14) (as so redesig-
nated) and inserting the following: 
‘‘(14) Environmental mitigation efforts relating 
to projects funded under this title in the same manner 
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and to the same extent as such activities are eligible 
under section 119(f).’’. 
(b) LOCATION
OF
PROJECTS.—Section 133(c) is 
amended to read as follows: 
‘‘(c) LOCATION OF PROJECTS.—Except for projects de-
scribed in subsections (b)(2), (b)(6), and (b)(7), surface 
transportation program projects may not be undertaken on 
roads functionally classified as local or rural minor collec-
tors unless the roads were on a Federal-aid highway system 
on January 1, 1991, and except as approved by the Sec-
retary.’’. 
(c) ALLOCATION OF APPORTIONED FUNDS.— 
(1) REPEAL.—Section 133(d)(2) is repealed. 
(2) DIVISION BETWEEN URBANIZED AREAS OF 
OVER 200,000 POPULATION AND OTHER AREAS.—Sec-
tion 133(d)(3) is amended— 
(A) in subparagraph (A)— 
(i) in the matter preceding clause (i) 
by striking ‘‘62.5 percent of the remaining 
90 percent’’ and inserting ‘‘50 percent’’; 
and 
(ii) in matter following clause (ii) by 
striking ‘‘37.5 percent’’ and inserting ‘‘50 
percent’’; and 
(B) by adding at the end the following: 
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‘‘(E) CONSULTATION
WITH
RURAL
PLAN-
NING ORGANIZATIONS.—For purposes of subpara-
graph (A)(ii), before obligating funding attrib-
uted to an area with a population greater than 
5,000 and less than 200,000, a State shall con-
sult with the rural planning organizations that 
represent the area, if any.’’. 
(3) APPLICABILITY OF CERTAIN REQUIREMENTS 
TO THIRD PARTY SELLERS.—Section 133(d)(5)(A) is 
amended by striking ‘‘funded from the allocation re-
quired under paragraph (2)’’. 
(d) ADMINISTRATION.—Section 133(e)(3) is amended 
to read as follows: 
‘‘(3) PAYMENTS.—The Secretary shall make pay-
ments to a State of costs incurred by the State for the 
surface transportation program in accordance with 
procedures to be established by the Secretary.’’. 
(e) OBLIGATION AUTHORITY.—Section 133(f)(1) is 
amended— 
(1) by striking ‘‘2004 through 2006’’ and insert-
ing ‘‘2011 through 2013’’; and 
(2) by striking ‘‘2007 through 2009’’ and insert-
ing ‘‘2014 through 2016’’. 
(f) DIVISION OF STP FUNDS FOR AREAS OF LESS 
THAN 5,000 POPULATION.— 
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(1) SPECIAL
RULE.—Notwithstanding section 
133(c) of title 23, United States Code, and except as 
provided in paragraph (2), up to 15 percent of the 
amounts required to be obligated by a State under 
section 133(d)(3)(B) of such title for each of fiscal 
years 2013 through 2016 may be obligated on roads 
functionally classified as minor collectors. 
(2) SUSPENSION.—The Secretary may suspend 
the application of paragraph (1) with respect to a 
State if the Secretary determines that the authority 
provided under paragraph (1) is being used exces-
sively by the State. 
SEC. 1108. CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM. 
(a) ELIGIBLE PROJECTS.—Section 149(b) is amended 
to read as follows: 
‘‘(b) ELIGIBLE PROJECTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REQUIREMENTS FOR OBLIGATION OF 
FUNDS.—A State may obligate funds appor-
tioned to the State under section 104(b)(2) for a 
transportation project or program if the project 
or program meets the requirements of subpara-
graph (B) and (C). 
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‘‘(B) AREA SERVED BY PROJECT OR PRO-
GRAM.—A project or program meets the require-
ments of this subparagraph if the project or pro-
gram is for an area in the State that— 
‘‘(i) is or was designated as a non-
attainment area for ozone, carbon mon-
oxide, or particulate matter under section 
107(d) of the Clean Air Act (42 U.S.C. 
7407(d)) and classified pursuant to section 
181(a), 186(a), 188(a), or 188(b) of the 
Clean Air Act (42 U.S.C. 7511(a), 7512(a), 
7513(a), or 7513(b)); 
‘‘(ii) is or was designated as a non-
attainment area under such section 107(d) 
after December 31, 1997; or 
‘‘(iii) is required to prepare, and file 
with the Administrator of the Environ-
mental Protection Agency, maintenance 
plans under the Clean Air Act (42 U.S.C. 
7505a). 
‘‘(C) PURPOSE OF PROJECT OR PROGRAM.— 
A project or program meets the requirements of 
this subparagraph if— 
‘‘(i) the Secretary, after consultation 
with the Administrator, determines that— 
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‘‘(I) on the basis of information 
published by the Environmental Pro-
tection Agency pursuant to section 
108(f)(1)(A) of the Clean Air Act 
(other than clause (xvi) of such sec-
tion), the project or program is likely 
to contribute to— 
‘‘(aa) the attainment of a na-
tional ambient air quality stand-
ard; or 
‘‘(bb) the maintenance of a 
national 
ambient 
air 
quality 
standard in a maintenance area; 
or 
‘‘(II) the project or program is 
part of a program, method, or strategy 
described in such section 108(f)(1)(A); 
‘‘(ii) the project or program is included 
in a State implementation plan that has 
been approved pursuant to the Clean Air 
Act and the project will have air quality 
benefits; 
‘‘(iii) the Secretary, after consultation 
with the Administrator, determines that the 
project or program is likely to contribute to 
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the attainment of a national ambient air 
quality standard through reductions in 
travel time delay, vehicle miles traveled, or 
fuel consumption or through other factors; 
or 
‘‘(iv) the Secretary determines that the 
project or program is likely to contribute to 
the mitigation of congestion. 
‘‘(2) SPECIAL RULES.— 
‘‘(A) PROJECTS RESULTING IN NEW CAPAC-
ITY FOR SINGLE OCCUPANT VEHICLES.—A State 
may obligate funds apportioned to the State 
under section 104(b)(2) for a project or program 
that will result in the construction of new capac-
ity available to single occupant vehicles only if 
the project or program is likely to contribute to 
the mitigation of congestion or the improvement 
of air quality. 
‘‘(B) PROJECTS FOR PM-10 NONATTAINMENT 
AREAS.—A State may obligate funds appor-
tioned to the State under section 104(b)(2) for a 
project or program for an area that is non-
attainment for ozone or carbon monoxide, or 
both, and for PM–10 resulting from transpor-
tation activities, without regard to any limita-
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tion of the Department of Transportation relat-
ing to the type of ambient air quality standard 
such project or program addresses. 
‘‘(C) 
ELECTRIC
VEHICLE
INFRASTRUC-
TURE.—A State may obligate funds apportioned 
under section 104(b)(2) or 104(b)(3) for a project 
or program to establish or support the establish-
ment of electric vehicle battery charging or 
changing facilities at any location in the State. 
Such projects or programs may be carried out by 
a State or local agency or through a public-pri-
vate partnership.’’. 
(b) COST-EFFECTIVE EMISSION REDUCTION GUID-
ANCE.—Section 149 is amended— 
(1) by striking subsection (f); and 
(2) by redesignating subsections (g) and (h) as 
subsections (f) and (g), respectively. 
SEC. 1109. EQUITY BONUS PROGRAM. 
Section 105 is amended to read as follows: 
‘‘§ 105. Equity bonus program 
‘‘(a) PROGRAM.— 
‘‘(1) IN
GENERAL.—Subject to subsections (c), 
(d), and (e), for fiscal year 2013 and each fiscal year 
thereafter, the Secretary shall apportion among the 
States amounts sufficient to ensure that no State re-
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ceives a percentage of the total apportionments for the 
fiscal year for the programs specified in paragraph 
(2) that is less than the percentage calculated under 
subsection (b). 
‘‘(2) SPECIFIED PROGRAMS.—The programs re-
ferred to in paragraph (1) are— 
‘‘(A) the metropolitan planning programs 
under section 104(f); 
‘‘(B) the equity bonus program under this 
section; 
‘‘(C) the National Highway System pro-
gram under section 119; 
‘‘(D) the rail-highway grade crossing pro-
gram under section 130; 
‘‘(E) the surface transportation program 
under section 133; 
‘‘(F) the highway safety improvement pro-
gram under section 148; 
‘‘(G) the recreational trails programs under 
section 206; 
‘‘(H) the State infrastructure bank capital-
ization program under section 611; and 
‘‘(I) the Appalachian development highway 
system program under section 14501 of title 40. 
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‘‘(b) STATE PERCENTAGE.—For each of fiscal years 
2013 through 2016, the percentage referred to in subsection 
(a) for each State shall be 94 percent of the quotient ob-
tained by dividing— 
‘‘(1) the estimated tax payments attributable to 
highway users in the State paid into the Highway 
Trust Fund in the most recent fiscal year for which 
data are available; by 
‘‘(2) the estimated tax payments attributable to 
highway users in all States paid into the Highway 
Trust Fund for the fiscal year. 
‘‘(c) MINIMUM AMOUNT.— 
‘‘(1) IN GENERAL.—For each fiscal year, before 
making the apportionments under subsection (a)(1), 
the Secretary shall apportion among the States 
amounts sufficient to ensure that each State receives 
a combined total apportionment for the programs 
specified in subsection (a)(2) and the congestion miti-
gation and air quality improvement program under 
section 149 that equals or exceeds the combined 
amount that the State was apportioned for fiscal year 
2012 for the programs specified in section 105(a)(2) 
of this title (other than the high priority projects pro-
gram under subparagraph (H) of such section), as in 
effect on the day before the date of enactment of the 
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American Energy and Infrastructure Jobs Act of 
2012. 
‘‘(2) SPECIAL RULE.—In determining a State’s 
combined apportionment for fiscal year 2012 for pur-
poses of paragraph (1), the Secretary shall not con-
sider amounts apportioned to the State for such fiscal 
year under the following: 
‘‘(A) Section 111(d)(1) of the Surface 
Transportation Extension Act of 2011, Part II 
(Public Law 112–30; 125 Stat. 344). 
‘‘(B) Section 111(d)(3) of the Surface 
Transportation Extension Act of 2011, Part II 
(Public Law 112–30; 125 Stat. 345). 
‘‘(d) NO NEGATIVE ADJUSTMENT.—No negative ad-
justment shall be made under subsection (a)(1) to the ap-
portionment of any State. 
‘‘(e) TREATMENT OF FUNDS.— 
‘‘(1) PROGRAMMATIC
DISTRIBUTION.—The Sec-
retary shall apportion the amounts made available 
under this section that exceed $2,639,000,000 so that 
the amount apportioned to each State under this sec-
tion for each program referred to in subparagraphs 
(C) and (E) of subsection (a)(2) is equal to the 
amount determined by multiplying the amount to be 
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apportioned to such State under this section by the 
ratio that— 
‘‘(A) the amount of funds apportioned to 
such State for each program referred to in sub-
paragraphs (C) and (E) of subsection (a)(2) for 
a fiscal year; bears to 
‘‘(B) the total amount of funds apportioned 
to such State for all such programs for such fis-
cal year. 
‘‘(2) REMAINING DISTRIBUTION.—The Secretary 
shall administer the remainder of funds made avail-
able under this section to the States in accordance 
with section 133, except that section 133(d)(3) and 
section 1115(a) of the American Energy and Infra-
structure Jobs Act of 2012 shall not apply to the 
amounts administered pursuant to this paragraph. 
‘‘(f) METROPOLITAN PLANNING SET-ASIDE.—Notwith-
standing section 104(f), no set aside provided for under that 
section shall apply to funds allocated under this section. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), there is authorized to be appropriated from 
the Highway Trust Fund (other than the Alternative 
Transportation Account) to carry out this section 
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$3,900,000,000 for each of fiscal years 2013 through 
2016. 
‘‘(2) UPWARD ADJUSTMENT.—If the amount au-
thorized by paragraph (1) for a fiscal year is less 
than the minimum amount required to ensure that 
each State receives the minimum percentage of total 
apportionments required under subsection (a)(1) and 
the minimum amount required under subsection 
(c)(1) for the fiscal year— 
‘‘(A) the amount authorized by paragraph 
(1) for the fiscal year shall be increased by the 
amount of the shortfall, so as to equal such min-
imum amount; and 
‘‘(B) the amounts authorized by section 
1101(a)(2) of the American Energy and Infra-
structure Jobs Act of 2012 for the surface trans-
portation program for the fiscal year shall be de-
creased by the amount of the shortfall. 
‘‘(3) DOWNWARD ADJUSTMENT.—If the amount 
authorized by paragraph (1) for a fiscal year is more 
than the minimum amount required to ensure that 
each State receives the minimum percentage of total 
apportionments required under subsection (a)(1) and 
the minimum amount required under subsection 
(c)(1) for the fiscal year— 
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‘‘(A) the amount authorized by paragraph 
(1) for the fiscal year shall be decreased by the 
amount of the excess, so as to equal such min-
imum amount; and 
‘‘(B) the amounts authorized by section 
1101(a)(1) of the American Energy and Infra-
structure Jobs Act of 2012 for the National 
Highway System program for the fiscal year 
shall be increased by the amount of the excess.’’. 
SEC. 1110. PROJECT APPROVAL AND OVERSIGHT. 
(a) ASSUMPTION BY STATES OF RESPONSIBILITIES OF 
THE SECRETARY.—Section 106(c)(1) is amended to read as 
follows: 
‘‘(1) NHS PROJECTS.—For projects under this 
title that are on the National Highway System, in-
cluding projects on the Interstate System, the State 
may assume the responsibility of the Secretary under 
this title for design, plans, specifications, estimates, 
contract awards, and inspections with respect to such 
projects unless the Secretary determines that such as-
sumption is not appropriate.’’. 
(b) VALUE ENGINEERING ANALYSIS.—Section 106(e) 
is amended— 
(1) in paragraph (2)(A)— 
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(A) by striking ‘‘Federal-aid system’’ and 
inserting ‘‘National Highway System receiving 
Federal assistance’’; and 
(B) by striking ‘‘$25,000,000’’ and inserting 
‘‘$50,000,000’’; 
(2) in paragraph (2)(B)— 
(A) by inserting ‘‘on the National Highway 
System 
receiving 
Federal 
assistance’’ 
after 
‘‘project’’; and 
(B) by striking ‘‘$20,000,000’’ and inserting 
‘‘$40,000,000’’; and 
(3) by adding at the end the following: 
‘‘(5) DESIGN-BUILD PROJECTS.—A requirement 
to provide a value engineering analysis under this 
subsection does not apply to a project delivered using 
the design-build method of construction.’’. 
(c) MAJOR PROJECTS.—Section 106(h)(3) is amend-
ed— 
(1) in subparagraph (A) by striking ‘‘and’’; 
(2) in subparagraph (B) by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) assess the appropriateness of a public- 
private partnership to deliver the project.’’. 
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(d) USE OF ADVANCED MODELING TECHNOLOGIES.— 
Section 106 is amended by adding at the end the following: 
‘‘(j) USE OF ADVANCED MODELING TECHNOLOGIES.— 
‘‘(1) IN
GENERAL.—With respect to transpor-
tation projects that receive Federal funding, the Sec-
retary shall encourage the use of advanced modeling 
technologies during environmental, planning, finan-
cial management, design, simulation, and construc-
tion processes related to the projects. 
‘‘(2) ACTIVITIES.—In carrying out paragraph 
(1), the Secretary shall— 
‘‘(A) compile information relating to ad-
vanced modeling technologies, including industry 
best practices with respect to the use of the tech-
nologies; 
‘‘(B) disseminate to States information re-
lating to advanced modeling technologies, includ-
ing industry best practices with respect to the 
use of the technologies; and 
‘‘(C) promote the use of advanced modeling 
technologies. 
‘‘(3) COMPREHENSIVE
PLAN.—The Secretary 
shall develop and publish on the Internet Web site of 
the Department of Transportation a detailed and 
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comprehensive plan for the implementation of para-
graph (1). 
‘‘(4) ADVANCED
MODELING
TECHNOLOGY
DE-
FINED.—The term ‘advanced modeling technology’ 
means an available or developing technology, includ-
ing 3-dimensional digital modeling, that can accel-
erate and improve the environmental review process, 
increase effective public participation, enhance the de-
tail and accuracy of project designs, increase safety, 
accelerate construction and reduce construction costs, 
or otherwise expedite project delivery with respect to 
transportation projects that receive Federal funding.’’. 
(e) REVIEW OF OVERSIGHT PROGRAM.— 
(1) IN GENERAL.—The Secretary shall review the 
oversight program established under section 106(g) of 
title 23, United States Code, to determine the efficacy 
of the program in monitoring the effective and effi-
cient use of funds authorized to carry out title 23, 
United States Code. 
(2) MINIMUM REQUIREMENTS FOR REVIEW.—At 
a minimum, the review under paragraph (1) shall as-
sess the capability of the program to— 
(A) identify projects funded under title 23, 
United States Code, for which there are cost or 
schedule overruns; and 
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(B) evaluate the extent of such overruns. 
(3) REPORT TO CONGRESS.—Not later than 2 
years after the date of enactment of this Act, the Sec-
retary shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public 
Works of the Senate a report on the results of the re-
view conducted under paragraph (1), which shall in-
clude recommendations for legislative changes to im-
prove the oversight program established under section 
106(g) of title 23, United States Code. 
(f) TRANSPARENCY AND ACCOUNTABILITY.— 
(1) DATA
COLLECTION.—The Secretary shall 
compile and make available to the public on the 
Internet Web site of the Department the annual ex-
penditure data for funds made available under title 
23 and chapter 53 of title 49, United States Code. 
(2) REQUIREMENTS.—In carrying out para-
graph (1), the Secretary shall ensure that the data 
made available on the Internet Web site of the De-
partment— 
(A) is organized by project and State; 
(B) to the maximum extent possible, is up-
dated regularly to reflect the current status of ob-
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ligations, expenditures, and Federal-aid projects; 
and 
(C) can be searched and downloaded by 
users of the Web site. 
(3) REPORT TO CONGRESS.—The Secretary shall 
transmit, annually, to the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public 
Works and the Committee on Banking, Housing, and 
Urban Affairs of the Senate a report containing a 
summary of the data described in paragraph (1) for 
the 1-year period ending on the date on which the re-
port is submitted. 
SEC. 1111. EMERGENCY RELIEF. 
(a) ELIGIBILITY.—Section 125(d) is amended to read 
as follows: 
‘‘(d) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—Subject to the requirements 
of this subsection, the Secretary may expend funds 
from the emergency fund authorized by this section 
for the repair or reconstruction of Federal-aid high-
ways in accordance with the provisions of this chap-
ter. 
‘‘(2) MAXIMUM TOTAL PROJECT COSTS.— 
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‘‘(A) IN
GENERAL.—The total cost of a 
project carried out under this section may not 
exceed the cost of repair or reconstruction of a 
comparable facility. 
‘‘(B) COMPARABLE FACILITY DEFINED.—In 
this paragraph, the term ‘comparable facility’ 
means a facility that meets the current geometric 
and construction standards required for the 
types and volume of traffic that the facility will 
carry over its design life. 
‘‘(3) DEBRIS REMOVAL.—The costs of debris re-
moval shall be an eligible expense under this section 
only for— 
‘‘(A) an event not declared a major disaster 
or emergency by the President under the Robert 
T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5121 et seq.); or 
‘‘(B) an event declared a major disaster or 
emergency by the President under that Act if the 
debris removal is not eligible for assistance pur-
suant to section 403, 407, or 502 of that Act (42 
U.S.C. 5170b, 5173, 5192). 
‘‘(4) TERRITORIES.—The total obligations for 
projects under this section in a fiscal year in the Vir-
gin Islands, Guam, American Samoa, and the Com-
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monwealth of the Northern Mariana Islands may not 
exceed $20,000,000. 
‘‘(5) TEMPORARY SUBSTITUTE HIGHWAY TRAFFIC 
SERVICE.—Notwithstanding any other provision of 
this chapter, actual and necessary costs of mainte-
nance and operation of ferryboats or additional tran-
sit service providing temporary substitute highway 
traffic service, less the amount of fares charged, may 
be expended from the emergency fund under this sec-
tion authorized for Federal-aid highways. 
‘‘(6) 
APPLICATIONS; 
EMERGENCY
DECLARA-
TIONS.—Except as to highways, roads, and trails re-
ferred to in subsection (e), no funds may be expended 
under this section unless— 
‘‘(A) a declaration is made— 
‘‘(i) by the Governor of the State and 
concurred in by the Secretary, that an 
emergency exists; or 
‘‘(ii) by the President under the Robert 
T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.) that 
a major disaster or emergency exists; and 
‘‘(B) not later than 2 years after a declara-
tion is made under subparagraph (A), the Sec-
retary has received an application for assistance 
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from the State transportation department that 
includes a comprehensive list of potentially eligi-
ble project sites and repair costs.’’. 
(b) TRIBAL ROADS, FEDERAL LANDS HIGHWAYS, AND 
PUBLIC ROADS ON FEDERAL LANDS.—Section 125(e) is 
amended to read as follows: 
‘‘(e) TRIBAL ROADS, FEDERAL LANDS HIGHWAYS, AND 
PUBLIC ROADS ON FEDERAL LANDS.— 
‘‘(1) USE
OF
EMERGENCY
FUND.—Notwith-
standing subsection (d)(1), the Secretary may expend 
funds from the emergency fund authorized by this sec-
tion, either independently or in cooperation with any 
other branch of the Government, a State agency, trib-
al organization, organization, or person, for the re-
pair or reconstruction of tribal roads, Federal lands 
highways, and other federally owned roads that are 
open to public travel, whether or not such roads are 
Federal-aid highways. 
‘‘(2) REIMBURSEMENTS.—The Secretary may re-
imburse Federal agencies, State (including political 
subdivisions of the States) agencies, and Indian tribal 
governments for expenditures made on projects deter-
mined eligible under this section, including expendi-
tures for emergency repairs made before a determina-
tion of eligibility. Such reimbursements to Federal 
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agencies and Indian tribal governments shall be 
transferred to the account from which the expenditure 
was made, or to a similar account that remains 
available for obligation, and the budget authority as-
sociated with the expenditure shall be restored to the 
agency from which it was derived and shall be avail-
able for obligation until the end of the fiscal year fol-
lowing the year in which the transfer occurs. 
‘‘(3) OPEN
TO
PUBLIC
TRAVEL
DEFINED.—In 
this subsection, the term ‘open to public travel’ means 
that, except during scheduled periods, extreme weather 
conditions, or emergencies, the road is open to the 
general public for use with a standard passenger 
auto, without restrictive gates or prohibitive signs or 
regulations, other than for general traffic control or 
restrictions based on size, weight, or class of registra-
tion.’’. 
(c) RULEMAKING.—Not later than 6 months after the 
date of enactment of this Act, the Secretary shall initiate 
a rulemaking to update regulations governing the emer-
gency relief program under section 125 of title 23, United 
States Code, to— 
(1) ensure that allocations are made to States 
only for sums that the State will be able to obligate 
in the current fiscal year; 
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(2) determine whether to raise the threshold for 
an eligible event and raise such threshold if war-
ranted; and 
(3) address such other matters as the Secretary 
considers appropriate. 
(d) IMPROVING
PROGRAM
IMPLEMENTATION.—The 
Secretary shall take steps to— 
(1) improve training for Federal and State offi-
cials on emergency relief requirements and processes; 
(2) establish an Internet Web site containing in-
formation on best practices for the implementation of 
the emergency relief program; 
(3) address program differences with the disaster 
assistance program of the Federal Emergency Man-
agement Agency; and 
(4) provide guidance on performing a benefit- 
cost analysis to justify cases in which a betterment is 
eligible for funding under the emergency relief pro-
gram. 
SEC. 1112. UNIFORM TRANSFERABILITY OF FEDERAL-AID 
HIGHWAY FUNDS. 
Section 126 is amended to read as follows: 
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‘‘§ 126. Uniform transferability of Federal-aid high-
way funds 
‘‘(a) GENERAL RULE.—Notwithstanding any other 
provision of law, but subject to subsection (b), a State may 
transfer not to exceed 25 percent of the State’s apportion-
ment under paragraph (1), (3), or (5) of section 104(b) for 
a fiscal year to any other apportionment of the State under 
any of those paragraphs for that fiscal year. 
‘‘(b) APPLICATION
TO
CERTAIN
SET-ASIDES.—No 
funds may be transferred under this section that are subject 
to section 104(f) or section 133(d)(3).’’. 
SEC. 1113. FERRY BOATS AND FERRY TERMINAL FACILI-
TIES. 
Section 147 is amended— 
(1) in subsection (b) by striking ‘‘ferry boats, 
ferry terminals, and ferry maintenance facilities’’ 
and inserting ‘‘ferry boats and ferry terminals’’; 
(2) by striking subsections (c), (d), and (e) and 
inserting the following: 
‘‘(c) APPORTIONMENT OF FUNDS.—The Secretary shall 
apportion the sums authorized to be appropriated for ex-
penditure on the construction of ferry boats and ferry ter-
minal facilities for each fiscal year among eligible States 
in the following manner: 
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‘‘(1) 35 percent based on the total annual num-
ber of vehicles carried by ferry systems operating in 
each eligible State. 
‘‘(2) 35 percent based on the total annual num-
ber of passengers (including passengers in vehicles) 
carried by ferry systems operating in each eligible 
State. 
‘‘(3) 30 percent based on the total nautical route 
miles serviced by ferry systems operating in each eli-
gible State. 
‘‘(d) ELIGIBLE STATE DEFINED.—In this section, the 
term ‘eligible State’ means a State that has a ferry system 
operating in the State or between the State and another 
State.’’; and 
(3) by redesignating subsection (f) as subsection 
(e). 
SEC. 1114. NATIONAL HIGHWAY BRIDGE AND TUNNEL IN-
VENTORY AND INSPECTION PROGRAM. 
(a) IN GENERAL.—Section 151 is amended to read as 
follows: 
‘‘§ 151. National highway bridge and tunnel inventory 
and inspection program 
‘‘(a) NATIONAL HIGHWAY BRIDGE AND TUNNEL IN-
VENTORY.—The Secretary, in consultation with the States 
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and Federal agencies with jurisdiction over highway 
bridges and tunnels, shall— 
‘‘(1) inventory all bridges on public roads, on 
and off Federal-aid highways, including tribally 
owned and federally owned bridges, that are over wa-
terways, other topographical barriers, other highways, 
and railroads; 
‘‘(2) inventory all tunnels on public roads, on 
and off Federal–aid highways, including tribally 
owned and federally owned tunnels; 
‘‘(3) identify each bridge or tunnel inventoried 
under paragraph (1) or (2) that is structurally defi-
cient or functionally obsolete; 
‘‘(4) assign a risk-based priority for replacement 
or rehabilitation of each structurally deficient bridge 
or tunnel identified under paragraph (3) after consid-
eration of safety, serviceability, and essentiality for 
public use, including the potential impacts to emer-
gency evacuation routes and to regional and national 
freight and passenger mobility if the serviceability of 
the bridge or tunnel is diminished; and 
‘‘(5) determine the cost of replacing each struc-
turally deficient bridge or tunnel identified under 
paragraph (3) with a comparable facility or the cost 
of rehabilitating the bridge or tunnel. 
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‘‘(b) NATIONAL HIGHWAY BRIDGE AND TUNNEL IN-
SPECTION STANDARDS.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
and maintain inspection standards for the proper 
safety inspection and evaluation of all highway 
bridges and tunnels described in subsections (a)(1) 
and (a)(2). The standards shall be designed to ensure 
uniformity in the conduct of such inspections and 
evaluations. 
‘‘(2) MINIMUM REQUIREMENTS FOR INSPECTION 
STANDARDS.—At a minimum, the standards estab-
lished under paragraph (1) shall— 
‘‘(A) specify, in detail, the method by which 
inspections will be carried out by States, Federal 
agencies, and tribal governments; 
‘‘(B) establish the maximum time period be-
tween inspections; 
‘‘(C) establish the qualifications for those 
charged with carrying out inspections; 
‘‘(D) require each State, Federal agency, 
and tribal government to maintain and make 
available to the Secretary upon request— 
‘‘(i) written reports on the results of 
highway bridge and tunnel inspections, to-
gether with notations of any action taken 
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pursuant to the findings of such inspections; 
and 
‘‘(ii) inventory data for all highway 
bridges and tunnels described in subsections 
(a)(1) and (a)(2) under the jurisdiction of 
the State, Federal agency, or tribal govern-
ment that reflect the findings of the most re-
cent highway bridge and tunnel inspections; 
‘‘(E) establish a procedure for national cer-
tification of highway bridge and tunnel inspec-
tors; 
‘‘(F) establish, in consultation with the 
States, Federal agencies, and interested and 
knowledgeable private organizations and indi-
viduals, procedures for the Secretary to conduct 
reviews of State and Federal agency compliance 
with the standards established under this sub-
section; and 
‘‘(G) establish, in consultation with the 
States, Federal agencies, and interested and 
knowledgeable private organizations and indi-
viduals, procedures for the States to follow in re-
porting to the Secretary— 
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‘‘(i) critical findings relating to struc-
tural safety-related deficiencies of highway 
bridges and tunnels; and 
‘‘(ii) monitoring activities and correc-
tive actions taken in response to a critical 
finding described in clause (i). 
‘‘(3) COMPLIANCE REQUIREMENTS.— 
‘‘(A) REVIEWS
OF
STATE
COMPLIANCE.— 
The Secretary shall annually review State com-
pliance with the standards established under this 
section. 
‘‘(B) FINDINGS OF NONCOMPLIANCE.—If the 
Secretary identifies noncompliance by a State in 
conducting an annual review under subpara-
graph (A), the Secretary shall issue a report de-
tailing the noncompliance by December 31 of the 
calendar year in which the review is conducted 
and shall provide the State an opportunity to 
address the noncompliance by— 
‘‘(i) developing a corrective action plan 
to remedy the noncompliance; or 
‘‘(ii) resolving the noncompliance with-
in 45 days of receiving notification of the 
noncompliance. 
‘‘(4) PENALTY FOR NONCOMPLIANCE.— 
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608 
(i) RESEARCH
AND
TESTING.—The 
Secretary shall conduct research and testing 
on roof strength to determine the method or 
methods that provide adequate survival 
space for all seating positions. 
(ii) STANDARDS.—Not later than 3 
years after the date of enactment of this Act, 
the Secretary shall issue roof strength stand-
ards for motorcoaches based on the results of 
such research and testing and taking into 
account all motorcoach window dimensions 
and highway size and weight restrictions. 
(C) WINDOW GLAZING.— 
(i) RESEARCH
AND
TESTING.—The 
Secretary shall conduct research and testing 
on advanced window glazing and secure-
ment to determine the best method or meth-
ods for window glazing to prevent motor-
coach occupant ejection. 
(ii) STANDARDS.—Not later than 3 
years after the date of enactment of this Act, 
the Secretary shall revise window glazing 
standards for motorcoaches based on the re-
sults of such research and testing and tak-
ing into account all motorcoach window di-
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817 
(A) by striking ‘‘Secretary of Transportation’’ 
and inserting ‘‘Secretary’’; and 
(B) in paragraph (4), by striking ‘‘subsection’’ 
and inserting ‘‘section’’. 
(12) Section 417(c) of the Rail Safety Improvement 
Act of 2008 is amended by striking ‘‘each railroad’’ and 
inserting ‘‘each railroad carrier’’. 
(13) Section 503 of the Rail Safety Improvement Act 
of 2008 is amended— 
(A) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘passenger 
rail accidents’’ and inserting ‘‘rail passenger ac-
cidents’’; 
(ii) by striking ‘‘passenger rail accident’’ 
each place it appears and inserting ‘‘rail pas-
senger accident’’; and 
(iii) in paragraph (4), by striking ‘‘a count 
of the number of passengers onboard the train’’ 
and inserting ‘‘a count of the number of pas-
sengers aboard the train’’; and 
(B) by adding at the end a new subsection (d) 
to read as follows: 
‘‘(d) DEFINITIONS.—In this section, the terms ‘pas-
senger’ and ‘rail passenger accident’ have the meaning 
given those terms by section 1139 of this title.’’. 
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