‘‘(II) the bridge replacement and 
rehabilitation costs in all States (as 
determined under subsection (c)(5)). 
‘‘(B) MINIMUM
APPORTIONMENT.—Not-
withstanding subparagraph (A), each State 
shall receive a minimum of 1⁄2 of 1 percent of 
the funds apportioned for a fiscal year under 
this paragraph. 
‘‘[(4) Repealed.] 
‘‘(5) HIGHWAY
SAFETY
IMPROVEMENT
PRO-
GRAM.— 
‘‘(A) IN GENERAL.—For the highway safe-
ty 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— 
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‘‘(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 
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.—Not-
withstanding subparagraph (A), each State 
shall receive a minimum of 1⁄2 of 1 percent of 
the funds apportioned for a fiscal year under 
this paragraph. 
‘‘(c) BRIDGE CALCULATION.—For each fiscal year, 
the Secretary shall determine the bridge replacement and 
rehabilitation costs as follows: 
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‘‘(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. 
‘‘(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 
replacement 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 
replacement and rehabilitation costs for all States by 
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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 
develop 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 
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 
section 105 by the 21st day of a fiscal year begin-
ning after September 30, 2012, the Secretary shall 
transmit, by such 21st day, to the Committee on 
Transportation and Infrastructure of the House of 
Representatives 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 manner. 
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‘‘(e) AUDITS OF HIGHWAY TRUST FUND.—From ad-
ministrative funds made available under subsection (a), 
the Secretary may reimburse the Office of Inspector Gen-
eral 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 Na-
tional Highway System program and surface trans-
portation 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 urbanized 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.— 
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‘‘(A) IN
GENERAL.—The funds appor-
tioned to any State under paragraph (2) shall 
be made available by the State to the metropoli-
tan planning organizations responsible for car-
rying out the provisions of section 5203 of title 
49, except that States receiving the minimum 
apportionment under paragraph (2) may, in ad-
dition, subject to the approval of the Secretary, 
use the funds apportioned to finance transpor-
tation 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 
planning organization to the State to fund ac-
tivities under section 5204 of such title. 
‘‘(4) 
DISTRIBUTION
OF
FUNDS
WITHIN 
STATES.— 
‘‘(A) IN GENERAL.—The distribution with-
in any State of the planning funds made avail-
able to agencies under paragraph (3) shall be in 
accordance with a formula developed by each 
State and approved by the Secretary that shall 
consider, but not necessarily be limited to, pop-
ulation, status of planning, attainment of air 
quality standards, metropolitan area transpor-
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tation needs, and other factors necessary to 
provide 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 request for reimbursement of expenditures 
made by a metropolitan planning organization 
for carrying out section 5203 of title 49, the 
State shall reimburse, from funds distributed 
under this paragraph to the metropolitan plan-
ning organization by the State, the metropoli-
tan planning organization for those expendi-
tures. 
‘‘(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— 
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‘‘(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 appor-
tioned or set aside under this section and sections 
105 and 133, according to— 
‘‘(A) program; 
‘‘(B) funding category or subcategory; 
‘‘(C) type of improvement; 
‘‘(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 
TRANSIT PROJECTS.— 
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‘‘(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. 
‘‘(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.— 
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‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), the Secretary, at the re-
quest of a State, may transfer funds appor-
tioned or allocated under this title to the State 
to another State, or to the Federal Highway 
Administration, 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 
apportionment of funds to a State under this 
section or section 105. 
‘‘(C) SURFACE
TRANSPORTATION
PRO-
GRAM.—Funds that are apportioned or allo-
cated to a State under subsection (b)(3) and at-
tributed to an urbanized area of a State with 
a population of over 200,000 individuals under 
section 133(d)(3) may be transferred under this 
paragraph only if the metropolitan planning or-
ganization designated for the area concurs, in 
writing, with the transfer request. 
‘‘(4) TRANSFER OF OBLIGATION AUTHORITY.— 
Obligation authority for funds transferred under this 
subsection shall be transferred in the same manner 
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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, 
research, technical assistance, and training expenses 
for such program $840,000 for each fiscal year. The 
Secretary may enter into contracts with for-profit 
organizations or contracts, partnerships, or coopera-
tive agreements with other government agencies, in-
stitutions of higher learning, or nonprofit organiza-
tions 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: 
‘‘(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. 
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‘‘(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 
Infrastructure 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 In-
frastructure Jobs Act of 2012’’ before the pe-
riod at the end; and 
(B) in subparagraph (C) by inserting ‘‘not 
included on the National Highway System be-
fore the date of enactment of the American En-
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ergy and Infrastructure Jobs Act of 2012’’ be-
fore the period at the end; and 
(3) by striking paragraphs (6) and (7) and in-
serting the following: 
‘‘(6) REQUIREMENT
FOR
STATE
ASSET
MAN-
AGEMENT PLAN FOR NATIONAL HIGHWAY SYSTEM.— 
‘‘(A) IN GENERAL.—A State shall develop 
and implement a risk-based State asset man-
agement plan for managing all infrastructure 
assets in the right-of-way corridor of the Na-
tional Highway System based on a process es-
tablished by the Secretary. The process shall re-
quire use of quality information and economic 
and engineering analysis to identify a sequence 
of maintenance, repair, and rehabilitation ac-
tions that will achieve and maintain a desired 
state of good repair over the lifecycle of the net-
work at the least possible cost. 
‘‘(B) PERFORMANCE
GOALS.—A State 
asset management plan shall include strategies 
leading 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 
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manner consistent with the requirements of 
chapter 52 of title 49. 
‘‘(C) PLAN
CONTENTS.—A State asset 
management plan shall be in a form that the 
Secretary determines to be appropriate and 
shall include, at a minimum, the following: 
‘‘(i) A summary listing of the highway 
infrastructure assets on the National 
Highway System in the State that includes 
current condition and performance statis-
tics 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 
Energy and Infrastructure Jobs Act of 2012, 
the Secretary shall establish a process by which 
a State shall develop and implement a risk- 
based State asset management plan described 
in subparagraph (A). 
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‘‘(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 estab-
lish and implement a National Highway System program 
under this section. 
‘‘(b) PURPOSES.—The purposes of the National 
Highway System program shall be— 
‘‘(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 
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‘‘(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 
Highway System under section 103(b)(6). 
‘‘(c) ELIGIBLE FACILITIES.—Except as otherwise 
specifically provided by this section, to be eligible for fund-
ing apportioned under section 104(b)(1) to carry out this 
section, a facility must be located on the National High-
way 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 achieve-
ment of national performance goals under section 
5206 of title 49 for improving infrastructure condi-
tion, safety, mobility, or freight movement on the 
National Highway System; 
‘‘(3) consistent with the requirements of sec-
tions 5203 and 5204 of title 49; and 
‘‘(4) for one or more of the purposes specified 
in subsection (e). 
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‘‘(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 pro-
tection measures) of bridges and tunnels on the Na-
tional 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. 
‘‘(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 Na-
tional Highway System. 
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‘‘(6) Highway safety improvements for seg-
ments of the National Highway System. 
‘‘(7) Capital and operating costs for traffic 
management and traveler information monitoring, 
management, and control facilities and programs for 
the National Highway System. 
‘‘(8) Infrastructure-based intelligent transpor-
tation systems capital improvements for the Na-
tional Highway System. 
‘‘(9) Development and implementation of a 
State asset management plan for the National High-
way System in accordance with section 103(b), in-
cluding data collection, maintenance, and integration 
and the cost associated with obtaining, updating, 
and licensing software and equipment required for 
risk-based asset management and performance-based 
management. 
‘‘(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. 
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‘‘(f) ENVIRONMENTAL MITIGATION.— 
‘‘(1) 
ELIGIBLE
ACTIVITIES.—Environmental 
mitigation efforts referred to in subsection (e)(10) 
include— 
‘‘(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 
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). 
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‘‘(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 Fed-
eral funds attributable to the mitigation bank 
credits the agency uses for purposes other than 
mitigation of a project funded under this title. 
‘‘(4) PREFERENCE.—At the discretion of the 
project sponsor, preference shall be given, to the 
maximum extent practicable, to mitigating an envi-
ronmental 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.— 
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‘‘(1) IN
GENERAL.—Except as provided by 
paragraph (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 chap-
ter 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; 
(3) by inserting before paragraph (5) (as so re-
designated) the following: 
‘‘(1) Construction, reconstruction, rehabilita-
tion, resurfacing, restoration, preservation, and oper-
ational improvements for highways, including con-
struction of designated routes of the Appalachian 
Development Highway System. 
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‘‘(2) Replacement (including replacement with 
fill material), rehabilitation, preservation, and pro-
tection (including painting, scour countermeasures, 
seismic retrofits, impact protection measures, secu-
rity countermeasures, and protection against ex-
treme 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 man-
ner and to the same extent as such activities are eli-
gible under section 119(f).’’. 
(b) LOCATION
OF PROJECTS.—Section 133(c) is 
amended to read as follows: 
‘‘(c) LOCATION OF PROJECTS.—Except for projects 
described in subsections (b)(2), (b)(6), and (b)(7), surface 
transportation program projects may not be undertaken 
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on roads functionally classified as local or rural minor col-
lectors unless the roads were on a Federal-aid highway 
system on January 1, 1991, and except as approved by 
the Secretary.’’. 
(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: 
‘‘(E) CONSULTATION WITH RURAL PLAN-
NING
ORGANIZATIONS.—For purposes of sub-
paragraph (A)(ii), before obligating funding at-
tributed to an area with a population greater 
than 5,000 and less than 200,000, a State shall 
consult with the rural planning organizations 
that represent the area, if any.’’; and 
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(3) in paragraph (5)(A) by striking ‘‘funded 
from the allocation required under paragraph (2)’’. 
(d) ADMINISTRATION.—Section 133(e)(3) is amended 
to read as follows: 
‘‘(3) PAYMENTS.—The Secretary shall make 
payments to a State of costs incurred by the State 
for the surface transportation program in accord-
ance with procedures to be established by the Sec-
retary.’’. 
(e) OBLIGATION AUTHORITY.—Section 133(f)(1) is 
amended— 
(1) by striking ‘‘2004 through 2006’’ and in-
serting ‘‘2011 through 2013’’; and 
(2) by striking ‘‘2007 through 2009’’ and in-
serting ‘‘2014 through 2016’’. 
(f) DIVISION OF STP FUNDS FOR AREAS OF LESS 
THAN 5,000 POPULATION.— 
(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. 
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(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 amend-
ed 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 
subparagraph (B) and (C). 
‘‘(B) AREA SERVED BY PROJECT OR PRO-
GRAM.—A project or program meets the re-
quirements of this subparagraph if the project 
or program 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. 
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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
PRO-
GRAM.—A project or program meets the re-
quirements of this subparagraph if— 
‘‘(i) the Secretary, after consultation 
with the Administrator, determines that— 
‘‘(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— 
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‘‘(aa) the attainment of a 
national 
ambient 
air 
quality 
standard; 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 strat-
egy 
described 
in 
such 
section 
108(f)(1)(A); 
‘‘(ii) the project or program is in-
cluded in a State implementation plan that 
has been approved pursuant to the Clean 
Air Act and the project will have air qual-
ity benefits; 
‘‘(iii) the Secretary, after consultation 
with the Administrator, determines that 
the project or program is likely to con-
tribute to the attainment of a national am-
bient air quality standard through reduc-
tions in travel time delay, vehicle miles 
traveled, or fuel consumption or through 
other factors; or 
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‘‘(iv) the Secretary determines that 
the project or program is likely to con-
tribute to the mitigation of congestion. 
‘‘(2) SPECIAL RULES.— 
‘‘(A) PROJECTS RESULTING IN NEW CA-
PACITY 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 capacity available to single occupant vehi-
cles 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
NONATTAIN-
MENT AREAS.—A State may obligate funds ap-
portioned to the State under section 104(b)(2) 
for a project or program for an area that is 
nonattainment for ozone or carbon monoxide, or 
both, and for PM–10 resulting from transpor-
tation activities, without regard to any limita-
tion of the Department of Transportation relat-
ing to the type of ambient air quality standard 
such project or program addresses.’’. 
(b) COST-EFFECTIVE EMISSION REDUCTION GUID-
ANCE.—Section 149 is amended— 
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(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 receives a percentage of the total apportion-
ments 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; 
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‘‘(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. 
‘‘(b) STATE PERCENTAGE.—For each of fiscal years 
2013 through 2016, the percentage referred to in sub-
section (a) for each State shall be 94 percent of the 
quotient obtained 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), 
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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 
mitigation and air quality improvement program 
under section 149 that equals or exceeds the com-
bined amount that the State was apportioned for fis-
cal year 2012 for the programs specified in section 
105(a)(2) of this title (other than the high priority 
projects program under subparagraph (H) of such 
section), as in effect on the day before the date of 
enactment of the American Energy and Infrastruc-
ture Jobs Act of 2012. 
‘‘(2) SPECIAL RULE.—In determining a State’s 
combined apportionment for fiscal year 2012 for 
purposes of paragraph (1), the Secretary shall not 
consider 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). 
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‘‘(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 section for each program referred to in subpara-
graphs (C) and (E) of subsection (a)(2) is equal to 
the amount determined by multiplying the amount 
to be 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 appor-
tioned to such State for all such programs for 
such fiscal year. 
‘‘(2) REMAINING
DISTRIBUTION.—The Sec-
retary shall administer the remainder of funds made 
available under this section to the States in accord-
ance with section 133, except that section 133(d)(3) 
and section 1115(a) of the American Energy and In-
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frastructure Jobs Act of 2012 shall not apply to the 
amounts administered pursuant to this paragraph. 
‘‘(f) METROPOLITAN PLANNING SET-ASIDE.—Not-
withstanding 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 
$3,900,000,000 for each of fiscal years 2013 
through 2016. 
‘‘(2) UPWARD
ADJUSTMENT.—If the amount 
authorized 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 
minimum amount; and 
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‘‘(B) the amounts authorized by section 
1101(a)(2) of the American Energy and Infra-
structure Jobs Act of 2012 for the surface 
transportation program for the fiscal year shall 
be decreased 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— 
‘‘(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 ex-
cess.’’. 
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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, esti-
mates, contract awards, and inspections with respect 
to such projects unless the Secretary determines 
that such assumption is not appropriate.’’. 
(b) 
VALUE
ENGINEERING
ANALYSIS.—Section 
106(e) is amended— 
(1) in paragraph (2)(A)— 
(A) by striking ‘‘Federal-aid system’’ and 
inserting ‘‘National Highway System receiving 
Federal assistance’’; and 
(B) by striking ‘‘$25,000,000’’ and insert-
ing ‘‘$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 insert-
ing ‘‘$40,000,000’’; and 
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(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 pub-
lic-private partnership to deliver the project.’’. 
(d) 
USE
OF
ADVANCED
MODELING
TECH-
NOLOGIES.—Section 106 is amended by adding at the end 
the following: 
‘‘(j) 
USE
OF
ADVANCED
MODELING
TECH-
NOLOGIES.— 
‘‘(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. 
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224 
(2) in subparagraph (H) by striking ‘‘section 
5301(a), section 5301(d),’’ and inserting ‘‘section 
5301’’; 
(3) in subparagraph (I) by adding ‘‘and’’ at the 
end; 
(4) in subparagraph (J)(ii) by striking ‘‘; and’’ 
and inserting a period; and 
(5) by striking subparagraph (K). 
SEC. 2006. CAPITAL INVESTMENT GRANTS. 
(a) IN GENERAL.—Section 5309 is amended to read 
as follows: 
‘‘§ 5309. Capital investment grants 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) 
NEW
FIXED
GUIDEWAY
CAPITAL 
PROJECT.—The term ‘new fixed guideway capital 
project’ means an operable segment of a capital 
project for a new fixed guideway system or extension 
to an existing fixed guideway system. 
‘‘(2) NEW
START
PROJECT.—The term ‘new 
start project’ means a new fixed guideway capital 
project for which the Federal assistance provided or 
to be provided under this section is $75,000,000 or 
more. 
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580 
on the results of such research and testing 
and taking into account all motorcoach 
window dimensions and highway height 
and weight restrictions. 
(D) FIRE
PREVENTION
AND
MITIGA-
TION.— 
(i) RESEARCH
AND
TESTING.—The 
Secretary shall conduct research and test-
ing to determine the most prevalent causes 
of motorcoach fires and the best methods 
to prevent such fires and to mitigate the 
effect of such fires, both inside and outside 
the motorcoach. 
(ii) STANDARDS.—Not later than 3 
years after the date of enactment of this 
Act, the Secretary shall issue fire preven-
tion 
and 
mitigation 
standards 
for 
motorcoaches, based on the results of the 
Secretary’s research and testing, taking 
into account motorcoach highway size and 
weight restrictions. 
(E) EMERGENCY EVACUATION DESIGN.— 
(i) RESEARCH
AND
TESTING.—The 
Secretary shall conduct research and test-
ing to determine any necessary changes in 
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