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SEC. 1513. EXTENSION OF PUBLIC TRANSIT VEHICLE EX-
EMPTION 
FROM 
AXLE 
WEIGHT 
RESTRIC-
TIONS. 
Section 1023(h) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (23 U.S.C. 127 note; Public 
Law 102–388) is amended— 
(1) in the heading of paragraph (1) by striking 
‘‘TEMPORARY
EXEMPTION’’ and inserting ‘‘EXEMP-
TION’’; 
(2) in paragraph (1) by striking ‘‘, for the pe-
riod beginning on October 6, 1992, and ending on Oc-
tober 1, 2009,’’; and 
(3) in paragraph (2)(A) by striking ‘‘For the pe-
riod beginning on the date of enactment of this sub-
paragraph and ending on September 30, 2009, a’’ 
and inserting ‘‘A’’. 
SEC. 1514. UNIFORM RELOCATION ASSISTANCE ACT AMEND-
MENTS. 
(a) MOVING AND RELATED EXPENSES.—Section 202 
of the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970 (42 U.S.C. 4622) is amend-
ed— 
(1) in subsection (a)(4) by striking ‘‘$10,000’’ 
and inserting ‘‘$25,000, as adjusted by regulation, in 
accordance with section 213(d)’’; and
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† HR 4348 EAS 
(2) in the second sentence of subsection (c) by 
striking ‘‘$20,000’’ and inserting ‘‘$40,000, as ad-
justed by regulation, in accordance with section 
213(d)’’. 
(b) REPLACEMENT HOUSING FOR HOMEOWNERS.— 
The first sentence of section 203(a)(1) of the Uniform Relo-
cation Assistance and Real Property Acquisition Policies 
Act of 1970 (42 U.S.C. 4623(a)(1)) is amended— 
(1) 
by 
striking 
‘‘$22,500’’ 
and 
inserting 
‘‘$31,000, as adjusted by regulation, in accordance 
with 213(d),’’; and 
(2) by striking ‘‘one hundred and eighty days 
prior to’’ and inserting ‘‘90 days before’’. 
(c) REPLACEMENT HOUSING FOR TENANTS AND CER-
TAIN OTHERS.—Section 204 of the Uniform Relocation As-
sistance and Real Property Acquisition Policies Act of 1970 
(42 U.S.C. 4624) is amended— 
(1) in the second sentence of subsection (a) by 
striking ‘‘$5,250’’ and inserting ‘‘$7,200, as adjusted 
by regulation, in accordance with section 213(d)’’; 
and 
(2) in the second sentence of subsection (b) by 
striking ‘‘, except’’ and all that follows through the 
end of the subsection and inserting a period.
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† HR 4348 EAS 
(d) DUTIES OF LEAD AGENCY.—Section 213 of the 
Uniform Relocation Assistance and Real Property Acquisi-
tion Policies Act of 1970 (42 U.S.C. 4633) is amended— 
(1) in subsection (b)— 
(A) in paragraph (2) by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3) by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(4) that each Federal agency that has programs 
or projects requiring the acquisition of real property 
or causing a displacement from real property subject 
to the provisions of this Act shall provide to the lead 
agency an annual summary report the describes the 
activities conducted by the Federal agency.’’; and 
(2) by adding at the end the following: 
‘‘(d) ADJUSTMENT OF PAYMENTS.—The head of the 
lead agency may adjust, by regulation, the amounts of relo-
cation payments provided under sections 202(a)(4), 202(c), 
203(a), and 204(a) if the head of the lead agency determines 
that cost of living, inflation, or other factors indicate that 
the payments should be adjusted to meet the policy objec-
tives of this Act.’’. 
(e) AGENCY COORDINATION.—Title II of the Uniform 
Relocation Assistance and Real Property Acquisition Poli-
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† HR 4348 EAS 
cies Act of 1970 is amended by inserting after section 213 
(42 U.S.C. 4633) the following: 
‘‘SEC. 214. AGENCY COORDINATION. 
‘‘(a) AGENCY CAPACITY.—Each Federal agency re-
sponsible for funding or carrying out relocation and acqui-
sition activities shall have adequately trained personnel 
and such other resources as are necessary to manage and 
oversee the relocation and acquisition program of the Fed-
eral agency in accordance with this Act. 
‘‘(b) INTERAGENCY AGREEMENTS.—Not later than 1 
year after the date of enactment of this section, each Federal 
agency responsible for funding relocation and acquisition 
activities (other than the agency serving as the lead agency) 
shall enter into a memorandum of understanding with the 
lead agency that— 
‘‘(1) provides for periodic training of the per-
sonnel of the Federal agency, which in the case of a 
Federal agency that provides Federal financial assist-
ance, may include personnel of any displacing agency 
that receives Federal financial assistance; 
‘‘(2) addresses ways in which the lead agency 
may provide assistance and coordination to the Fed-
eral agency relating to compliance with the Act on a 
program or project basis; and
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† HR 4348 EAS 
‘‘(3) addresses the funding of the training, assist-
ance, and coordination activities provided by the lead 
agency, in accordance with subsection (c). 
‘‘(c) INTERAGENCY PAYMENTS.— 
‘‘(1) IN GENERAL.—For the fiscal year that be-
gins 1 year after the date of enactment of this section, 
and each fiscal year thereafter, each Federal agency 
responsible for funding relocation and acquisition ac-
tivities (other than the agency serving as the lead 
agency) shall transfer to the lead agency for the fiscal 
year, such funds as are necessary, but not less than 
$35,000, to support the training, assistance, and co-
ordination activities of the lead agency described in 
subsection (b). 
‘‘(2) INCLUDED COSTS.—The cost to a Federal 
agency of providing the funds described in paragraph 
(1) shall be included as part of the cost of 1 or more 
programs or projects undertaken by the Federal agen-
cy or with Federal financial assistance that result in 
the displacement of persons or the acquisition of real 
property.’’. 
(f) COOPERATION WITH FEDERAL AGENCIES.—Sec-
tion 308 of title 23, United States Code, is amended by 
striking subsection (a) and inserting the following: 
‘‘(a) AUTHORIZED ACTIVITIES.—
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‘‘(1) IN GENERAL.—The Secretary may perform, 
by contract or otherwise, authorized engineering or 
other services in connection with the survey, construc-
tion, maintenance, or improvement of highways for 
other Federal agencies, cooperating foreign countries, 
and State cooperating agencies. 
‘‘(2) INCLUSIONS.—Services authorized under 
paragraph (1) may include activities authorized 
under section 214 of the Uniform Relocation Assist-
ance and Real Property Acquisition Policies Act of 
1970. 
‘‘(3) 
REIMBURSEMENT.—Reimbursement 
for 
services carried out under this subsection (including 
depreciation on engineering and road-building equip-
ment) shall be credited to the applicable appropria-
tion.’’. 
(g) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section shall 
take effect on the date of enactment of this Act. 
(2) EXCEPTION.—The amendments made by sub-
sections (a) through (c) shall take effect 2 years after 
the date of enactment of this Act.
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† HR 4348 EAS 
SEC. 1515. USE OF YOUTH SERVICE AND CONSERVATION 
CORPS. 
(a) IN GENERAL.—The Secretary shall encourage the 
States and regional transportation planning agencies to 
enter into contracts and cooperative agreements with quali-
fied youth service or conservation corps, as defined in sec-
tions 122(a)(2) of Public Law 101–610 (42 U.S.C. 
12572(a)(2)) and 106(c)(3) of Public Law 103–82 (42 
U.S.C. 12656(c)(3)) to perform— 
(1) appropriate projects eligible under sections 
162, 206, and 217 of title 23, United States Code; 
(2) appropriate transportation enhancement ac-
tivities, as defined under section 101(a) of such title; 
(3) appropriate byway, trail, or bicycle and pe-
destrian projects under sections 202, 203, and 204 of 
such title; and 
(4) appropriate safe routes to school projects 
under section 1404 of the SAFETEA–LU (119 Stat. 
1228). 
(b) REQUIREMENTS.—Under any contract or coopera-
tive agreement entered into with a qualified youth service 
or conservation corps under this section, the Secretary 
shall— 
(1) set the amount of a living allowance or rate 
of pay for each participant in such corps at—
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† HR 4348 EAS 
(A) such amount or rate as required under 
State law in a State with such requirements; or 
(B) for corps in States not described in sub-
paragraph (A), at such amount or rate as deter-
mined by the Secretary, not to exceed the max-
imum living allowance authorized by section 140 
of Public Law 101–610 (42 U.S.C. 12594); and 
(2) not subject such corps to the requirements of 
section 112 of title 23, United States Code. 
SEC. 1516. CONSOLIDATION OF PROGRAMS; REPEAL OF OB-
SOLETE PROVISIONS. 
(a) CONSOLIDATION OF PROGRAMS.—From adminis-
trative funds made available under section 104(a) of title 
23, United States Code, not less than $15,000,000 for each 
of fiscal years 2012 and 2013 shall be made available for 
the following activities: 
(1) To carry out the operation lifesaver pro-
gram— 
(A) to provide public information and edu-
cation programs to help prevent and reduce 
motor vehicle accidents, injuries, and fatalities; 
and 
(B) to improve driver performance at rail-
way-highway crossings.
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† HR 4348 EAS 
(2) To operate the national work zone safety in-
formation 
clearinghouse 
authorized 
by 
section 
358(b)(2) of the National Highway System Designa-
tion Act of 1995 (23 U.S.C. 401 note; 109 Stat. 625) 
(3) To operate a public road safety clearinghouse 
in accordance with section 1411(a) of the SAFETEA– 
LU (23 U.S.C. 402 note; 119 Stat. 1234). 
(4) To operate a bicycle and pedestrian safety 
clearinghouse in accordance with section 1411(b) of 
the SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 
1234). 
(5) To operate a national safe routes to school 
clearinghouse in accordance with section 1404(g) of 
the SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 
1229). 
(6) To provide work zone safety grants in ac-
cordance with subsections (a) and (b) of section 1409 
of the SAFETEA–LU (23 U.S.C. 401 note; 119 Stat. 
1232). 
(7) To provide grants to prohibit racial profiling 
in accordance with section 1906 of the SAFETEA– 
LU (23 U.S.C. 402 note; 119 Stat. 1468). 
(b) REPEALS.—Sections 105, 110, 117, 124, 151, 155, 
160, and 303 of title 23, United States Code, are repealed. 
(c) CONFORMING AMENDMENTS.—
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† HR 4348 EAS 
(1) TITLE ANALYSIS.—The analysis for title 23, 
United States Code, is amended by striking the items 
relating to sections 105, 110, 117, 124, 151, 155, 160, 
and 303 of that title. 
(2) SECTION 118.—Section 118 of such title is 
amended— 
(A) in subsection (b)— 
(i) by striking paragraph (1) and all 
that follows through the heading of para-
graph (2); and 
(ii) by striking ‘‘(other than for Inter-
state construction)’’; 
(B) by striking subsection (c); and 
(C) by redesignating subsections (d) and (e) 
as subsections (c) and (d), respectively. 
(3) SECTION 130.—Section 130 of such title is 
amended— 
(A) by striking subsections (e) through (h); 
(B) by redesignating subsection (i) as sub-
section (e); 
(C) by striking subsections (j) and (k); 
(D) by redesignating subsection (l) as sub-
section (f);
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† HR 4348 EAS 
(E) in subsection (e) (as so redesignated) by 
striking ‘‘this section’’the second place it appears 
and inserting ‘‘section 104(b)(3)’’; and 
(F) in subsection (f) (as so redesignated) by 
striking paragraphs (3) and (4). 
(4) SECTION
142.—Section 142 of title 23, 
United States Code, is amended— 
(A) in subsection (a)— 
(i) in paragraph (1)— 
(I) by striking ‘‘motor vehicles 
(other 
than 
rail)’’ 
and 
inserting 
‘‘buses’’; 
(II) by striking ‘‘(hereafter in this 
section referred to as ‘buses’)’’; 
(III) by striking ‘‘Federal-aid sys-
tems’’ and inserting ‘‘Federal-aid high-
ways’’; and 
(IV) by striking ‘‘Federal-aid sys-
tem’’ and inserting ‘‘Federal-aid high-
way’’; and 
(ii) in paragraph (2)— 
(I) by striking ‘‘as a project on 
the the surface transportation program 
for’’; and
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† HR 4348 EAS 
(II) 
by 
striking 
‘‘section 
104(b)(3)’’ 
and 
inserting 
‘‘section 
104(b)(2); 
(B) 
in 
subsection 
(b) 
by 
striking 
‘‘104(b)(4)’’ and inserting ‘‘104(b)(1)’’; 
(C) in subsection (c)— 
(i) by striking ‘‘system’’ in each place 
it appears and inserting ‘‘highway’’; and 
(ii) by striking ‘‘highway facilities’’ 
and inserting ‘‘highways eligible under the 
program that is the source of the funds’’; 
(D) in subsection (e)(2)— 
(i) by striking ‘‘Notwithstanding sec-
tion 209(f)(1) of the Highway Revenue Act 
of 1956, the Highway Trust Fund shall be 
available for making expenditures to meet 
obligations resulting from projects author-
ized by subsection (a)(2) of this section and 
such projects’’ and inserting ‘‘Projects au-
thorized by subsection (a)(2)’’; and 
(ii) striking ‘‘on the surface transpor-
tation program’’ and inserting ‘‘under the 
transportation mobility program’’; and 
(E) in subsection (f) by striking ‘‘exits’’ and 
inserting ‘‘exists’’.
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(5) SECTION
145.—Section 145(b) of title 23, 
United States Code, is amended by striking ‘‘section 
117 of this title,’’. 
(6) SECTION 322.—Section 322(h)(3) of title 23, 
United States Code, is amended by striking ‘‘surface 
transportation program’’ and inserting ‘‘the transpor-
tation mobility program’’. 
(d) CERTAIN ALLOCATIONS.—Notwithstanding any 
other provision of law, any unobligated balances of amounts 
required to be allocated to a State by section 1307(d)(1) 
of the SAFETEA–LU (23 U.S.C. 322 note; 119 Stat. 1217; 
122 Stat. 1577) shall instead be made available to such 
State for any purpose eligible under section 133(c) of title 
23, United States Code. 
SEC. 1517. RESCISSIONS. 
(a) FISCAL YEAR 2012.— 
(1) Not later than 30 days after the date of en-
actment of this Act, of the unobligated balances avail-
able under sections 144(f) and 320 of title 23, United 
States Code, section 147 of Public Law 95–599 (23 
U.S.C. 144 note; 92 Stat. 2714), section 9(c) of Public 
Law 97–134 (95 Stat. 1702), section 149 of Public 
Law 100–17 (101 Stat. 181), sections 1006, 1069, 
1103, 1104, 1105, 1106, 1107, 1108, 6005, 6015, and 
6023 of Public Law 102–240 (105 Stat. 1914), section
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† HR 4348 EAS 
1602 of Public Law 105–178 (112 Stat. 256), sections 
1301, 1302, 1702, and 1934 of Public Law 109–59 
(119 Stat. 1144), and of other funds apportioned to 
each State under chapter 1 of title 23, United States 
Code, prior to the date of enactment of this Act, 
$2,391,000,000 are permanently rescinded. 
(2) In administering the rescission required 
under this subsection, the Secretary shall allow each 
State to determine the amount of the required rescis-
sion to be drawn from the programs to which the re-
scission applies. 
(b) FISCAL YEAR 2013.— 
(1) On October 1, 2012, of the unobligated bal-
ances of funds apportioned or allocated on or before 
that date to each State under chapter 1 of title 23, 
United States Code, $3,054,000,000 are permanently 
rescinded. 
(2) Notwithstanding section 1132 of the Energy 
Independence and Security Act of 2007 (Public Law 
110–140; 121 Stat. 1763), in administering the re-
scission required under this subsection, the Secretary 
shall allow each State to determine the amount of the 
required rescission to be drawn from the programs to 
which the rescission applies.
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† HR 4348 EAS 
SEC. 1518. STATE AUTONOMY FOR CULVERT PIPE SELEC-
TION. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary shall modify section 635.411 of 
title 23, Code of Federal Regulations (as in effect on the 
date of enactment of this Act), to ensure that States shall 
have the autonomy to determine culvert and storm sewer 
material types to be included in the construction of a 
project on a Federal-aid highway. 
SEC. 1519. EFFECTIVE AND SIGNIFICANT PERFORMANCE 
MEASURES. 
(a) LIMITED
NUMBER
OF
PERFORMANCE
MEAS-
URES.—In implementing provisions of this Act (including 
the amendments made by this Act) and title 23, United 
States Code (other than chapter 4 of that title), that author-
ize the Secretary to develop performance measures, the Sec-
retary shall limit the number of performance measures es-
tablished to the most significant and effective measures. 
(b) DIFFERENT APPROACHES FOR URBAN AND RURAL 
AREAS.—In the development and implementation of any 
performance target, a State may, as appropriate, provide 
for different performance targets for urbanized and rural 
areas. 
SEC. 
1520. 
REQUIREMENTS 
FOR 
ELIGIBLE 
BRIDGE 
PROJECTS. 
(a) DEFINITIONS.—In this section:
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† HR 4348 EAS 
(1) ELIGIBLE BRIDGE PROJECT.—The term ‘‘eli-
gible bridge project’’ means a project for construction, 
alteration, or repair work on a bridge or overpass 
funded directly by, or provided other assistance 
through, the Federal Government. 
(2) QUALIFIED TRAINING PROGRAM.—The term 
‘‘qualified training program’’ means a training pro-
gram that— 
(A)(i) is certified by the Secretary of Labor; 
and 
(ii) with respect to an eligible bridge project 
located in an area in which the Secretary of 
Labor determines that a training program does 
not exist, is registered with— 
(I) the Department of Labor; or 
(II) a State agency recognized by the 
Department of Labor for purposes of a Fed-
eral training program; or 
(B) is a corrosion control, mitigation and 
prevention personnel training program that is 
offered by an organization whose standards are 
recognized and adopted in other Federal or State 
Departments of Transportation. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation.
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† HR 4348 EAS 
(b) ELIGIBILITY REQUIREMENTS.— 
(1) IN GENERAL.—Each contractor and subcon-
tractor that carries out any aspect of an eligible 
bridge project described in paragraph (2) shall— 
(A) before entering into the applicable con-
tract, be certified by the Secretary or a State, in 
accordance with paragraph (4), as meeting the 
eligibility requirements described in paragraph 
(3); and 
(B) remain certified as described in sub-
paragraph (A) while carrying out the applicable 
aspect of the eligible bridge project. 
(2) DESCRIPTION
OF
ASPECTS
OF
ELIGIBLE 
BRIDGE PROJECTS.—An aspect of an eligible bridge 
project referred to in paragraph (1) is— 
(A) surface preparation or coating applica-
tion on bridge steel of an eligible bridge project; 
(B) removal of a lead-based or other haz-
ardous coating from bridge steel of an existing 
eligible bridge project; 
(C) shop painting of structural steel fab-
ricated for installation on bridge steel of an eli-
gible bridge project; and
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† HR 4348 EAS 
(D) the design, application, installation, 
and maintenance of a cathodic protection sys-
tem. 
(3) REQUIREMENTS.—The eligibility require-
ments referred to in paragraph (1) are that a con-
tractor or subcontractor shall— 
(A) as determined by the Secretary— 
(i) use corrosion mitigation and pre-
vention methods to preserve relevant bridges 
and overpasses, taking into account— 
(I) material selection; 
(II) coating considerations; 
(III) cathodic protection consider-
ations; 
(IV) design considerations for cor-
rosion; and 
(V) trained applicators; 
(ii) use best practices— 
(I) to prevent environmental deg-
radation; and 
(II) to ensure careful handling of 
all hazardous materials; and 
(iii) demonstrate a history of employ-
ing industry-respected inspectors to ensure
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† HR 4348 EAS 
funds are used in the interest of affected 
taxpayers; and 
(B) demonstrate a history of compliance 
with applicable requirements of the Occupational 
Safety and Health Administration, as deter-
mined by the Secretary of Labor. 
(4) 
STATE
CONSULTATION.—In 
determining 
whether to certify a contractor or subcontractor under 
paragraph (1)(A), a State shall consult with engi-
neers and other experts trained in accordance with 
subsection (a)(2) specializing in corrosion control, 
mitigation, and prevention methods. 
(c) OPTIONAL TRAINING PROGRAM.—As a condition of 
entering into a contract for an eligible bridge project, each 
contractor and subcontractor that performs construction, al-
teration, or repair work on a bridge or overpass for the eli-
gible bridge project may provide, or make available, train-
ing, through a qualified training program, for each appli-
cable craft or trade classification of employees that the con-
tractor or subcontractor intends to employ to carry out as-
pects of eligible bridge projects as described in subsection 
(b)(2). 
SEC. 1521. IDLE REDUCTION TECHNOLOGY. 
Section 127(a)(12) of title 23, United States Code, is 
amended—
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† HR 4348 EAS 
(1) in subparagraph (B), by striking ‘‘400’’ and 
inserting ‘‘550’’; and 
(2) in subparagraph (C)(ii), by striking ‘‘400- 
pound’’ and inserting ‘‘550-pound’’. 
SEC. 1522. REPORT ON HIGHWAY TRUST FUND EXPENDI-
TURES. 
(a) INITIAL REPORT.—Not later than 150 days after 
the date of enactment of this Act, the Comptroller General 
of the United States shall submit to Congress a report de-
scribing the activities funded from the Highway Trust 
Fund during each of fiscal years 2009 through 2011, includ-
ing for purposes other than construction and maintenance 
of highways and bridges. 
(b) UPDATES.—Not later than 5 years after the date 
on which the report is submitted under subsection (a) and 
every 5 years thereafter, the Comptroller General of the 
United States shall submit to Congress a report that up-
dates the information provided in the report under that sub-
section for the applicable 5-year period. 
(c) INCLUSIONS.—A report submitted under subsection 
(a) or (b) shall include information similar to the informa-
tion included in the report of the Government Account-
ability Office numbered ‘‘GAO–09–729R’’ and entitled 
‘‘Highway Trust Fund Expenditures on Purposes Other
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† HR 4348 EAS 
Than Construction and Maintenance of Highways and 
Bridges During Fiscal Years 2004–2008’’. 
SEC. 1523. EVACUATION ROUTES. 
Each State shall give adequate consideration to the 
needs of evacuation routes in the State, including such 
routes serving or adjacent to facilities operated by the 
Armed Forces, when allocating funds apportioned to the 
State under title 23, United States Code, for the construc-
tion of Federal-aid highways. 
SEC. 1524. DEFENSE ACCESS ROAD PROGRAM ENHANCE-
MENTS TO ADDRESS TRANSPORTATION IN-
FRASTRUCTURE IN THE VICINITY OF MILI-
TARY INSTALLATIONS. 
The second sentence of section 210(a)(2) of title 23, 
United States Code, is amended by inserting ‘‘, in consulta-
tion with the Secretary of Transportation,’’ before ‘‘shall 
determine’’. 
SEC. 1525. EXPRESS LANES DEMONSTRATION PROGRAM. 
Section 1604(b) of the SAFETEA–LU (23 U.S.C. 129 
note; Public Law 109–59) is amended— 
(1) in paragraph (1)(A)— 
(A) in clause (ii), by inserting ‘‘and’’ after 
the semicolon; 
(B) by striking clause (iii); and
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† HR 4348 EAS 
(C) by redesignating clause (iv) as clause 
(iii); and 
(2) in paragraph (2), by striking ‘‘2009’’ and in-
serting ‘‘2013’’. 
SEC. 1526. TREATMENT OF HISTORIC SIGNS. 
The Secretary shall, not later than 180 days after the 
date of enactment of this Act, initiate a rulemaking to ex-
empt locally identified historic street name signs or replicas 
of historic signs from complying with all or part of section 
2D.43 of the Manual on Uniform Traffic Control Devices. 
SEC. 1527. CONSOLIDATION OF GRANTS. 
(a) DEFINITIONS.—In this section, the term ‘‘recipi-
ent’’ means— 
(1) a State, local, or tribal government, includ-
ing— 
(A) a territory of the United States; 
(B) a transit agency; 
(C) a port authority; 
(D) a metropolitan planning organization; 
or 
(E) any other political subdivision of a 
State or local government; 
(2) a multistate or multijurisdictional group, if 
each member of the group is an entity described in 
paragraph (1); and
487 
† HR 4348 EAS 
(3) a public-private partnership, if both parties 
are engaged in building the project. 
(b) CONSOLIDATION.— 
(1) IN GENERAL.—A recipient that receives mul-
tiple grant awards from the Department to support 1 
multimodal project may request that the Secretary 
designate 1 modal administration in the Department 
to be the lead administering authority for the overall 
project. 
(2) NEW
STARTS.—Any project that includes 
funds awarded under section 5309 of title 49, United 
States Code, shall be exempt from consolidation under 
this section unless the grant recipient requests the 
Federal Transit Administration to be the lead admin-
istering authority. 
(3) REVIEW.— 
(A) IN GENERAL.—Not later than 30 days 
after the date on which a request under para-
graph (1) is made, the Secretary shall review the 
request and approve or deny the designation of 
a single modal administration as the lead ad-
ministering authority and point of contact for 
the Department. 
(B) NOTIFICATION.—
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† HR 4348 EAS 
(i) IN GENERAL.—The Secretary shall 
notify the requestor of the decision of the 
Secretary under subparagraph (A) in such 
form and at such time as the Secretary and 
the requestor agree. 
(ii) DENIAL.—If a request is denied, 
the Secretary shall provide the requestor 
with a detailed explanation of the reasoning 
of the Secretary with the notification under 
clause (i). 
(c) DUTIES.— 
(1) IN GENERAL.—A modal administration des-
ignated as a lead administering authority under this 
section shall— 
(A) be responsible for leading and coordi-
nating the integrated project management team, 
which shall consist of all of the other modal ad-
ministrations in the Department relating to the 
multimodal project; and 
(B) to the extent feasible during the first 30 
days of carrying out the multimodal project, 
identify overlapping or duplicative regulatory 
requirements that exist for the project and pro-
pose a single, streamlined approach to meeting
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† HR 4348 EAS 
all of the applicable regulatory requirements 
through the activities described in subsection (d). 
(2) ADMINISTRATION.— 
(A) IN
GENERAL.—The Secretary shall 
transfer all amounts that have been awarded for 
the multimodal project to the modal administra-
tion designated as the lead administering au-
thority. 
(B) OPTION.— 
(i) IN GENERAL.—Participation under 
this section shall be optional for recipients, 
and no recipient shall be required to par-
ticipate. 
(ii) SECRETARIAL DUTIES.—The Sec-
retary is not required to identify every re-
cipient that may be eligible to participate 
under this section. 
(d) COOPERATION.— 
(1) IN GENERAL.—The Secretary and modal ad-
ministrations with relevant jurisdiction over a 
multimodal project should cooperate on project review 
and delivery activities at the earliest practicable time. 
(2) PURPOSES.—The purposes of the cooperation 
under paragraph (1) are—
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† HR 4348 EAS 
(A) to avoid delays and duplication of effort 
later in the process; 
(B) to prevent potential conflicts; and 
(C) to ensure that planning and project de-
velopment decisions are made in a streamlined 
manner and consistent with applicable law. 
(e) APPLICABILITY.—Nothing in this section shall— 
(1) supersede, amend, or modify the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) or any other Federal environmental law; or 
(2) affect the responsibility of any Federal officer 
to comply with or enforce any law described in para-
graph (1). 
SEC. 1528. BUY AMERICA PROVISIONS. 
Section 313 of title 23, United States Code, is amended 
by adding at the end the following: 
‘‘(g) APPLICATION TO HIGHWAY PROGRAMS.—The re-
quirements under this section shall apply to all contracts 
eligible for assistance under this chapter for a project car-
ried out within the scope of the applicable finding, deter-
mination, or decision under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of 
the funding source of such contracts, if at least 1 contract 
for the project is funded with amounts made available to 
carry out this title.’’.
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SEC. 1529. EXEMPTIONS FROM REQUIREMENTS FOR CER-
TAIN FARM VEHICLES. 
(a) FEDERAL REQUIREMENTS.—A covered farm vehi-
cle, including the individual operating that vehicle, shall 
be exempt from the following: 
(1) Any requirement relating to commercial 
driver’s licenses established under chapter 313 of title 
49, United States Code. 
(2) Any requirement relating to medical certifi-
cates established under— 
(A) subchapter III of chapter 311 of title 
49, United States Code; or 
(B) chapter 313 of title 49, United States 
Code. 
(3) Any requirement relating to hours of service 
established under— 
(A) subchapter III of chapter 311 of title 
49, United States Code; or 
(B) chapter 315 of title 49, United States 
Code. 
(4) Any requirement relating to vehicle inspec-
tion, repair, and maintenance established under— 
(A) subchapter III of chapter 311 of title 
49, United States Code; or 
(B) chapter 315 of title 49, United States 
Code.
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(b) STATE REQUIREMENTS.— 
(1) IN GENERAL.—Federal transportation fund-
ing to a State may not be terminated, limited, or oth-
erwise interfered with as a result of the State exempt-
ing a covered farm vehicle, including the individual 
operating that vehicle, from any State requirement 
relating to the operation of that vehicle. 
(2) EXCEPTION.—Paragraph (1) does not apply 
with respect to a covered farm vehicle transporting 
hazardous materials that require a placard. 
(3) STATE
REQUIREMENTS.—Notwithstanding 
section (a) or any other provision of law, a State may 
enact and enforce safety requirements related to cov-
ered farm vehicles. 
(c) COVERED FARM VEHICLE DEFINED.— 
(1) IN GENERAL.—In this section, the term ‘‘cov-
ered farm vehicle’’ means a motor vehicle (including 
an articulated motor vehicle)— 
(A) that— 
(i) is traveling in the State in which 
the vehicle is registered or another State; 
(ii) is operated by— 
(I) a farm owner or operator; 
(II) a ranch owner or operator; or
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(III) an employee or family mem-
ber of an individual specified in sub-
clause (I) or (II); 
(iii) is transporting to or from a farm 
or ranch— 
(I) agricultural commodities; 
(II) livestock; or 
(III) machinery or supplies; 
(iv) except as provided in paragraph 
(2), is not used in the operations of a for- 
hire motor carrier; and 
(v) is equipped with a special license 
plate or other designation by the State in 
which the vehicle is registered to allow for 
identification of the vehicle as a farm vehi-
cle by law enforcement personnel; and 
(B) that has a gross vehicle weight rating or 
gross vehicle weight, whichever is greater, that 
is— 
(i) 26,001 pounds or less; or 
(ii) greater than 26,001 pounds and 
traveling within the State or within 150 air 
miles of the farm or ranch with respect to 
which the vehicle is being operated.
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(2) INCLUSION.—In this section, the term ‘‘cov-
ered farm vehicle’’ includes a motor vehicle that meets 
the requirements of paragraph (1) (other than para-
graph (1)(A)(iv)) and is— 
(A) operated pursuant to a crop share farm 
lease agreement; 
(B) owned by a tenant with respect to that 
agreement; and 
(C) transporting the landlord’s portion of 
the crops under that agreement. 
(d) SAFETY STUDY.—The Secretary shall conduct a 
study of the exemption required by section (a) as follows— 
(1) Data and analysis of covered farm vehicles 
shall include: 
(A) the number of vehicles that are operated 
subject to each of the regulatory exemptions per-
mitted under section (a); 
(B) the number of drivers that operate cov-
ered farm vehicles subject to each of the regu-
latory exemptions permitted under section (a); 
(C) the number of crashes involving covered 
farm vehicles; 
(D) the number of occupants and non-occu-
pants injured in crashes involving covered farm 
vehicles;
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(E) the number of fatalities of occupants 
and non-occupants killed in crashes involving 
farm vehicles; 
(F) crash investigations and accident recon-
struction investigations of all fatalities in crash-
es involving covered farm vehicles; 
(G) overall operating mileage of covered 
farm vehicles; 
(H) numbers of covered farm vehicles that 
operate in neighboring states; and 
(I) any other data the Secretary deems nec-
essary to analyze and include. 
(2) A listing of state regulations issued and 
maintained in each state that are identical to the fed-
eral regulations that are subject to exemption in sec-
tion (a). 
(3) The Secretary shall report the findings of the 
study to the appropriate committees of the Congress 
not later than 18 months after enactment of MAP–21. 
SEC. 1530. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM. 
(a) SENSE OF THE SENATE.—It is the Sense of the 
Senate that the timely completion of the Appalachian devel-
opment highway system is a transportation priority in the 
national interest.
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(b) MODIFIED FEDERAL SHARE FOR PROJECTS ON 
ADHS.—For fiscal years 2012 through 2021, the Federal 
share payable for the cost of constructing highways and ac-
cess roads on the Appalachian development highway system 
under section 14501 of title 40, United States Code, with 
funds made available to a State for fiscal year 2012 or a 
previous fiscal year for the Appalachian development high-
way system program, or with funds made available for fis-
cal year 2012 or a previous fiscal year for a specific project, 
route, or corridor on that system, shall be 95 percent. 
(c) FEDERAL SHARE FOR OTHER FUNDS USED ON 
ADHS.—For fiscal years 2012 through 2021, the Federal 
share payable for the cost of constructing highways and ac-
cess roads on the Appalachian development highway system 
under section 14501 of title 40, United States Code, with 
Federal funds apportioned to a State for a program other 
than the Appalachian development highway system pro-
gram shall be 95 percent. 
(d) COMPLETION PLAN.—Not later than 1 year after 
the date of enactment of the MAP–21, each State rep-
resented on the Appalachian Regional Commission shall es-
tablish a plan for the completion of the designated corridors 
of the Appalachian development highway system within the 
State, including annual performance targets, with a target 
completion date.
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SEC. 1531. DENALI COMMISSION. 
The Denali Commission Act of 1998 (42 U.S.C. 3121 
note) is amended— 
(1) in section 305, by striking subsection (c) and 
inserting the following: 
‘‘(c) GIFTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Commission, on behalf of the United 
States, may accept use, and dispose of gifts or dona-
tions of services, property, or money for purposes of 
carrying out this Act. 
‘‘(2) CONDITIONAL.—With respect to conditional 
gifts— 
‘‘(A)(i) the Commission, on behalf of the 
United States, may accept conditional gifts for 
purposes of carrying out this Act, if approved by 
the Federal Cochairperson; and 
‘‘(ii) the principal of and income from any 
such conditional gift shall be held, invested, rein-
vested, and used in accordance with the condi-
tion applicable to the gift; but 
‘‘(B) no gift shall be accepted that is condi-
tioned on any expenditure not to be funded from 
the gift or from the income generated by the gift 
unless the expenditure has been approved by Act 
of Congress.’’; and
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† HR 4348 EAS 
(2) by adding at the end the following: 
‘‘SEC. 311. TRANSFER OF FUNDS FROM OTHER FEDERAL 
AGENCIES. 
‘‘(a) IN GENERAL.—Subject to subsection (c), for pur-
poses of this Act, the Commission may accept transfers of 
funds from other Federal agencies. 
‘‘(b) TRANSFERS.—Any Federal agency authorized to 
carry out an activity that is within the authority of the 
Commission may transfer to the Commission any appro-
priated funds for the activity. 
‘‘(c) TREATMENT.—Any funds transferred to the Com-
mission under this subsection— 
‘‘(1) shall remain available until expended; and 
‘‘(2) may, to the extent necessary to carry out 
this Act, be transferred to, and merged with, the 
amounts made available by appropriations Acts for 
the Commission by the Federal Cochairperson.’’. 
SEC. 1532. UPDATED CORROSION CONTROL AND PREVEN-
TION REPORT. 
Not later than 30 months after the date of enactment 
of this Act, the Secretary shall submit to Congress an up-
dated report on the costs and benefits of the prevention and 
control of corrosion on the surface transportation infra-
structure of the United States.
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SEC. 1533. HARBOR MAINTENANCE TRUST FUND. 
(a) FINDINGS.—Congress finds that— 
(1) there are 926 coastal, Great Lakes, and in-
land harbors maintained by the Corps of Engineers; 
(2) according to the Bureau of Transportation 
Statistics— 
(A) in 2009, the ports and waterways of the 
United States handled more than 2,200,000,000 
short tons of imports, exports, and domestic ship-
ments; and 
(B) in 2010, United States ports were re-
sponsible for more than $1,400,000,000,000 in 
waterborne imports and exports; 
(3) according to the Congressional Research 
Service, full channel dimensions are, on average, 
available approximately 1⁄3 of the time at the 59 har-
bors of the United States with the highest use rates; 
(4) insufficient maintenance dredging of the 
navigation channels of the United States results in 
inefficient water transportation and causes harmful 
economic consequences; 
(5) in 1986, Congress created the Harbor Main-
tenance Trust Fund to provide funds for the oper-
ation and maintenance of the navigation channels of 
the United States;
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† HR 4348 EAS 
(6) in fiscal year 2012, the Harbor Maintenance 
Trust Fund is expected to grow from $6,280,000,000 
to $7,011,000,000, an increase of approximately 13 
percent; 
(7) despite the growth of the Harbor Mainte-
nance Trust Fund, expenditures from the Fund have 
not equaled revenues, and the Fund is not being fully 
used for the intended purpose of the Fund; and 
(8) inadequate investment in dredging needs is 
restricting access to the ports of the United States for 
domestic shipping, imports, and exports and therefore 
threatening the economic competitiveness of the 
United States. 
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that— 
(1) the Administration should request full use of 
the Harbor Maintenance Trust Fund for operating 
and maintaining the navigation channels of the 
United States; 
(2) the amounts in the Harbor Maintenance 
Trust Fund should be fully expended to operate and 
maintain the navigation channels of the United 
States; and 
(3) Congress should ensure that other programs, 
projects, and activities of the Civil Works Program of
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† HR 4348 EAS 
the Corps of Engineers, especially those programs, 
projects, and activities relating to inland navigation 
and flood control, are not adversely impacted. 
SEC. 1534. ENRICHMENT TECHNOLOGY AND INTELLECTUAL 
PROPERTY. 
(a) In addition to any other transfer authority, the 
Secretary may transfer, not earlier than thirty days after 
certification to the Committees on Appropriations of the 
House of Representatives and the Senate that such transfer 
is needed for national security reasons, and after Congres-
sional notification and approval of the Committees on Ap-
propriations of the House of Representatives and the Sen-
ate, up to $150,000,000 made available in prior Appropria-
tions Acts to further the development and demonstration of 
national security-related enrichment technologies. No 
amounts may be transferred under this section from 
amounts that were designated by the Congress as an emer-
gency requirement pursuant to the Concurrent Resolution 
on the Budget or the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended. 
(b) The Secretary shall provide, directly or indirectly, 
Federal funds, resources, or other benefit for the research, 
development, or deployment of domestic enrichment tech-
nology under this section— 
(1) using merit selection procedures; and
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† HR 4348 EAS 
(2) only if the Secretary shall execute an agree-
ment with the recipient (or any affiliate, successor, or 
assignee) of such funds, resources, or other benefit 
(hereinafter referred to as the ‘‘recipient’’), which 
shall require, at a minimum— 
(A) the achievement of specific technical cri-
teria by the recipient by specific dates no later 
than June 30, 2014; 
(B) that the recipient shall— 
(i) immediately upon execution of the 
agreement, grant to the United States for 
use by or on behalf of the United States, 
through the Secretary, a royalty-free, non- 
exclusive license in all enrichment-related 
intellectual property and associated tech-
nical data owned, licensed or otherwise con-
trolled by the recipient as of the date of en-
actment of this Act, or thereafter developed 
or acquired to meet the requirements of the 
agreement; 
(ii) amend any existing agreement be-
tween the Secretary and the recipient to 
permit the Secretary to practice or permit 
third parties on behalf of the Secretary to 
practice intellectual property and associated
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† HR 4348 EAS 
technical data related to the award of funds, 
resources, or other benefit royalty-free for 
government purposes, including completing 
or operating enrichment technologies and 
using them for national defense purposes, 
such as providing nuclear material to oper-
ate commercial nuclear power reactors for 
tritium production; and 
(iii) as soon as practicable, deliver to 
the Secretary all technical information and 
other documentation in its possession or 
control necessary to permit the Secretary to 
use and practice all intellectual property re-
lated to domestic enrichment technologies; 
and 
(C) any other condition or restriction the 
Secretary determines is necessary to protect the 
interests of the United States. 
(c) If the Secretary determines that a recipient has not 
achieved the technical criteria under the agreement pursu-
ant to subsection (b), either by the dates specified in the 
original agreement or by June 30, 2014, whichever is ear-
lier, the recipient shall, as soon as practicable, surrender 
custody, possession and control, or return, as appropriate, 
any real or personal property owned or leased by the recipi-
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† HR 4348 EAS 
ent, to the Secretary in connection with the deployment of 
enrichment technology, along with all capital improve-
ments, equipment, fixtures, appurtenances, and other im-
provements thereto, and any further obligation by the Sec-
retary under any such lease shall terminate. 
(d)(1) The limitations in this section shall apply to 
funds made available in this Act, prior Appropriations 
Acts, and any future Appropriations Acts. 
(2) This section shall not apply with regard to 
the issuance of any loan guarantee pursuant to sec-
tion 1703 of the Energy Policy Act of 2005 (42 
U.S.C. 16513). 
(e) For purpose of this section, the term ‘‘Secretary’’ 
shall mean the Secretary of the Department of Energy. 
SEC. 1535. SENSE OF SENATE CONCERNING EXPEDITIOUS 
COMPLETION OF ENVIRONMENTAL REVIEWS, 
APPROVALS, LICENSING, AND PERMIT RE-
QUIREMENTS. 
It is the sense of the Senate that Federal agencies 
should— 
(1) ensure that all applicable environmental re-
views, approvals, licensing, and permit requirements 
under Federal law are completed on an expeditious 
basis following any disaster or emergency declared 
under Federal law, including—
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† HR 4348 EAS 
(A) a major disaster declared by the Presi-
dent under section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170); and 
(B) an emergency declared by the President 
under section 501 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 
U.S.C. 5191); and 
(2) use the shortest existing applicable process 
under Federal law to complete each review, approval, 
licensing, and permit requirement described in para-
graph (1) following a disaster or emergency described 
in that paragraph. 
Subtitle F—Gulf Coast Restoration 
SEC. 1601. SHORT TITLE. 
This subtitle may be cited as the ‘‘Resources and Eco-
systems Sustainability, Tourist Opportunities, and Revived 
Economies of the Gulf Coast States Act of 2012’’. 
SEC. 1602. GULF COAST RESTORATION TRUST FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a trust fund to be known 
as the ‘‘Gulf Coast Restoration Trust Fund’’ (referred to 
in this section as the ‘‘Trust Fund’’), consisting of such 
amounts as are deposited in the Trust Fund under this sub-
title or any other provision of law.
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(b) TRANSFERS.—The Secretary of the Treasury shall 
deposit in the Trust Fund an amount equal to 80 percent 
of all administrative and civil penalties paid by responsible 
parties after the date of enactment of this Act in connection 
with the explosion on, and sinking of, the mobile offshore 
drilling unit Deepwater Horizon pursuant to a court order, 
negotiated settlement, or other instrument in accordance 
with section 311 of the Federal Water Pollution Control Act 
(33 U.S.C. 1321). 
(c) EXPENDITURES.—Amounts in the Trust Fund, in-
cluding interest earned on advances to the Trust Fund and 
proceeds from investment under subsection (d), shall— 
(1) be available for expenditure, without further 
appropriation, solely for the purpose and eligible ac-
tivities of this subtitle; and 
(2) remain available until expended, without fis-
cal year limitation. 
(d) INVESTMENT.—Amounts in the Trust Fund shall 
be invested in accordance with section 9702 of title 31, 
United States Code, and any interest on, and proceeds from, 
any such investment shall be available for expenditure in 
accordance with this subtitle and the amendments made by 
this subtitle. 
(e) ADMINISTRATION.—Not later than 180 days after 
the date of enactment of this Act, after providing notice and
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† HR 4348 EAS 
an opportunity for public comment, the Secretary of the 
Treasury, in consultation with the Secretary of the Interior 
and the Secretary of Commerce, shall establish such proce-
dures as the Secretary determines to be necessary to deposit 
amounts in, and expend amounts from, the Trust Fund 
pursuant to this subtitle, including— 
(1) procedures to assess whether the programs 
and activities carried out under this subtitle and the 
amendments made by this subtitle achieve compliance 
with applicable requirements, including procedures by 
which the Secretary of the Treasury may determine 
whether an expenditure by a Gulf Coast State or 
coastal political subdivision (as those terms are de-
fined in section 311 of the Federal Water Pollution 
Control Act (33 U.S.C. 1321)) pursuant to such a 
program or activity achieves compliance; 
(2) 
auditing 
requirements 
to 
ensure 
that 
amounts in the Trust Fund are expended as intended; 
and 
(3) procedures for identification and allocation 
of funds available to the Secretary under other provi-
sions of law that may be necessary to pay the admin-
istrative expenses directly attributable to the manage-
ment of the Trust Fund.
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SEC. 1603. GULF COAST NATURAL RESOURCES RESTORA-
TION AND ECONOMIC RECOVERY. 
Section 311 of the Federal Water Pollution Control Act 
(33 U.S.C. 1321) is amended— 
(1) in subsection (a)— 
(A) in paragraph (25)(B), by striking 
‘‘and’’ at the end; 
(B) in paragraph (26)(D), by striking the 
period at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(27) the term ‘Chairperson’ means the Chair-
person of the Council; 
‘‘(28) the term ‘coastal political subdivision’ 
means any local political jurisdiction that is imme-
diately below the State level of government, including 
a county, parish, or borough, with a coastline that is 
contiguous with any portion of the United States Gulf 
of Mexico; 
‘‘(29) the term ‘Comprehensive Plan’ means the 
comprehensive plan developed by the Council pursu-
ant to subsection (t); 
‘‘(30) the term ‘Council’ means the Gulf Coast 
Ecosystem Restoration Council established pursuant 
to subsection (t); 
‘‘(31) the term ‘Deepwater Horizon oil spill’ 
means the blowout and explosion of the mobile off-
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† HR 4348 EAS 
shore drilling unit Deepwater Horizon that occurred 
on April 20, 2010, and resulting hydrocarbon releases 
into the environment; 
‘‘(32) the term ‘Gulf Coast ecosystem’ means— 
‘‘(A) in the Gulf Coast States, the coastal 
zones (as that term is defined in section 304 of 
the Coastal Zone Management Act of 1972 (16 
U.S.C. 1453), except that, in this section, the 
term ‘coastal zones’ includes land within the 
coastal zones that is held in trust by, or the use 
of which is by law subject solely to the discretion 
of, the Federal Government or officers or agents 
of the Federal Government) that border the Gulf 
of Mexico; 
‘‘(B) any adjacent land, water, and water-
sheds, that are within 25 miles of the coastal 
zones described in subparagraph (A) of the Gulf 
Coast States; and 
‘‘(C) all Federal waters in the Gulf of Mex-
ico; 
‘‘(33) the term ‘Gulf Coast State’ means any of 
the States of Alabama, Florida, Louisiana, Mis-
sissippi, and Texas; and 
‘‘(34) the term ‘Trust Fund’ means the Gulf 
Coast Restoration Trust Fund established pursuant to
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† HR 4348 EAS 
section 1602 of the Resources and Ecosystems Sus-
tainability, Tourist Opportunities, and Revived 
Economies of the Gulf Coast States Act of 2012.’’; 
(2) in subsection (s), by inserting ‘‘except as pro-
vided in subsection (t)’’ before the period at the end; 
and 
(3) by adding at the end the following: 
‘‘(t) GULF COAST RESTORATION AND RECOVERY.— 
‘‘(1) STATE ALLOCATION AND EXPENDITURES.— 
‘‘(A) IN GENERAL.—Of the total amounts 
made available in any fiscal year from the Trust 
Fund, 35 percent shall be available, in accord-
ance with the requirements of this section, to the 
Gulf Coast States in equal shares for expenditure 
for ecological and economic restoration of the 
Gulf Coast ecosystem in accordance with this 
subsection. 
‘‘(B) USE OF FUNDS.— 
‘‘(i) ELIGIBLE
ACTIVITIES.—Amounts 
provided to the Gulf States under this sub-
section may only be used to carry out 1 or 
more of the following activities: 
‘‘(I) Coastal restoration projects 
and activities, including conservation 
and coastal land acquisition.
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‘‘(II) Mitigation of damage to, 
and restoration of, fish, wildlife, or 
natural resources. 
‘‘(III) Implementation of a feder-
ally approved marine, coastal, or com-
prehensive conservation management 
plan, including fisheries monitoring. 
‘‘(IV) Programs to promote tour-
ism in a Gulf Coast State, including 
recreational fishing. 
‘‘(V) Programs to promote the 
consumption of seafood produced from 
the Gulf Coast ecosystem. 
‘‘(VI) Programs to promote edu-
cation regarding the natural resources 
of the Gulf Coast ecosystem. 
‘‘(VII) Planning assistance. 
‘‘(VIII) 
Workforce 
development 
and job creation. 
‘‘(IX) Improvements to or upon 
State parks located in coastal areas af-
fected by the Deepwater Horizon oil 
spill. 
‘‘(X) Mitigation of the ecological 
and economic impact of outer Conti-
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nental Shelf activities and the impacts 
of the Deepwater Horizon oil spill or 
promotion of the long-term ecological 
or economic recovery of the Gulf Coast 
ecosystem through the funding of infra-
structure projects. 
‘‘(XI) Coastal flood protection and 
infrastructure 
directly 
affected 
by 
coastal wetland losses, beach erosion, or 
the impacts of the Deepwater Horizon 
oil spill. 
‘‘(XII) Administrative costs of 
complying with this subsection. 
‘‘(ii) LIMITATION.— 
‘‘(I) 
IN
GENERAL.—Of 
the 
amounts received by a Gulf State 
under this subsection not more than 3 
percent may be used for administrative 
costs eligible under clause (i)(XII). 
‘‘(II) PROHIBITION ON USE FOR 
IMPORTED
SEAFOOD.—None of the 
funds made available under this sub-
section shall be used for any program 
to support or promote imported seafood
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or any seafood product that is not har-
vested from the Gulf Coast ecosystem. 
‘‘(C) COASTAL POLITICAL SUBDIVISIONS.— 
‘‘(i) IN GENERAL.—In the case of a 
State where the coastal zone includes the en-
tire State— 
‘‘(I) 75 percent of funding shall be 
provided to the 8 disproportionally af-
fected counties impacted by the Deep-
water Horizon Oil Spill; and 
‘‘(II) 25 percent shall be provided 
to 
nondisproportionately 
impacted 
counties within the State. 
‘‘(ii) FLORIDA.— 
‘‘(I) 
DISPROPORTIONALLY
AF-
FECTED
COUNTIES.—Of 
the 
total 
amounts made available to counties in 
the State of Florida under clause 
(i)(I)— 
‘‘(aa) 10 percent shall be dis-
tributed equally among the 8 dis-
proportionately affected counties; 
and 
‘‘(bb) 90 percent shall be dis-
tributed to the 8 disproportion-
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ately affected counties in accord-
ance with the following weighted 
formula: 
‘‘(AA) 30 percent based 
on the weighted average of 
the county shoreline oiled. 
‘‘(BB) 30 percent based 
on the weighted average of 
the county per capita sales 
tax collections estimated for 
the fiscal year ending Sep-
tember 30, 2012. 
‘‘(CC) 20 percent based 
on the weighted average of 
the population of the county. 
‘‘(DD) 20 percent based 
on the inverse proportion of 
the weighted average distance 
from the Deepwater Horizon 
oil rig to each of the nearest 
and farthest points of the 
shoreline. 
‘‘(II) 
NONDISPROPORTIONATELY 
IMPACTED
COUNTIES.—The 
total 
amounts made available to coastal po-
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litical subdivisions in the State of 
Florida under clause (i)(II) shall be 
distributed according to the following 
weighted formula: 
‘‘(aa) 34 percent based on the 
weighted average of the popu-
lation of the county. 
‘‘(bb) 33 percent based on the 
weighted average of the county per 
capita sales tax collections esti-
mated for the fiscal year ending 
September 30, 2012. 
‘‘(cc) 33 percent based on the 
inverse proportion of the weighted 
average distance from the Deep-
water Horizon oil rig to each of 
the nearest and farthest points of 
the shoreline. 
‘‘(iii) 
LOUISIANA.—Of 
the 
total 
amounts made available to the State of 
Louisiana under this paragraph: 
‘‘(I) 70 percent shall be provided 
directly to the State in accordance 
with this subsection.
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‘‘(II) 30 percent shall be provided 
directly to parishes in the coastal zone 
(as defined in section 304 of the Coast-
al Zone Management Act of 1972 (16 
U.S.C. 1453)) of the State of Louisiana 
according to the following weighted for-
mula: 
‘‘(aa) 40 percent based on the 
weighted average of miles of the 
parish shoreline oiled. 
‘‘(bb) 40 percent based on the 
weighted average of the popu-
lation of the parish. 
‘‘(cc) 20 percent based on the 
weighted average of the land mass 
of the parish. 
‘‘(iv) CONDITIONS.— 
‘‘(I) LAND USE PLAN.—As a con-
dition of receiving amounts allocated 
under clause (iii), the chief executive of 
the eligible parish shall certify to the 
Governor of the State that the parish 
has completed a comprehensive land 
use plan.
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‘‘(II) 
OTHER
CONDITIONS.—A 
coastal political subdivision receiving 
funding under this subsection shall 
meet all of the conditions in subpara-
graph (D). 
‘‘(D) CONDITIONS.—As a condition of re-
ceiving amounts from the Trust Fund, a Gulf 
Coast State, including the entities described in 
subparagraph (E), or a coastal political subdivi-
sion shall— 
‘‘(i) agree to meet such conditions, in-
cluding audit requirements, as the Sec-
retary of the Treasury determines necessary 
to ensure that amounts disbursed from the 
Trust Fund will be used in accordance with 
this subsection; 
‘‘(ii) certify in such form and in such 
manner as the Secretary of the Treasury de-
termines necessary that the project or pro-
gram for which the Gulf Coast State or 
coastal political subdivision is requesting 
amounts— 
‘‘(I) is designed to restore and 
protect the natural resources, eco-
systems, fisheries, marine and wildlife
518 
† HR 4348 EAS 
habitats, beaches, coastal wetlands, or 
economy of the Gulf Coast; 
‘‘(II) carries out 1 or more of the 
activities described in subparagraph 
(B)(i); 
‘‘(III) was selected based on 
meaningful input from the public, in-
cluding broad-based participation from 
individuals, businesses, and nonprofit 
organizations; and 
‘‘(IV) in the case of a natural re-
source protection or restoration project, 
is based on the best available science; 
‘‘(iii) certify that the project or pro-
gram and the awarding of a contract for the 
expenditure of amounts received under this 
subsection are consistent with the standard 
procurement rules and regulations gov-
erning a comparable project or program in 
that State, including all applicable competi-
tive bidding and audit requirements; and 
‘‘(iv) develop and submit a multiyear 
implementation plan for use of those funds. 
‘‘(E) APPROVAL
BY
STATE
ENTITY, TASK 
FORCE, OR AGENCY.—The following Gulf Coast
519 
† HR 4348 EAS 
State entities, task forces, or agencies shall carry 
out the duties of a Gulf Coast State pursuant to 
this paragraph: 
‘‘(i) ALABAMA.— 
‘‘(I) IN GENERAL.—In the State of 
Alabama, the Alabama Gulf Coast Re-
covery Council, which shall be com-
prised of only the following: 
‘‘(aa) The Governor of Ala-
bama, who shall also serve as 
Chairperson and preside over the 
meetings of the Alabama Gulf 
Coast Recovery Council. 
‘‘(bb) The Director of the 
Alabama State Port Authority, 
who shall also serve as Vice 
Chairperson and preside over the 
meetings of the Alabama Gulf 
Coast Recovery Council in the ab-
sence of the Chairperson. 
‘‘(cc) The Chairman of the 
Baldwin County Commission. 
‘‘(dd) The President of the 
Mobile County Commission.
520 
† HR 4348 EAS 
‘‘(ee) The Mayor of the city 
of Bayou La Batre. 
‘‘(ff) The Mayor of the town 
of Dauphin Island. 
‘‘(gg) The Mayor of the city 
of Fairhope. 
‘‘(hh) The Mayor of the city 
of Gulf Shores. 
‘‘(ii) The Mayor of the city of 
Mobile. 
‘‘(jj) The Mayor of the city of 
Orange Beach. 
‘‘(II) VOTE.—Each member of the 
Alabama Gulf Coast Recovery Council 
shall be entitled to 1 vote. 
‘‘(III) MAJORITY VOTE.—All deci-
sions of the Alabama Gulf Coast Recov-
ery Council shall be made by majority 
vote. 
‘‘(ii) LOUISIANA.—In the State of Lou-
isiana, the Coastal Protection and Restora-
tion Authority of Louisiana. 
‘‘(iii) MISSISSIPPI.—In the State of 
Mississippi, the Mississippi Department of 
Environmental Quality.
521 
† HR 4348 EAS 
‘‘(F) COMPLIANCE WITH ELIGIBLE ACTIVI-
TIES.—If the Secretary of the Treasury deter-
mines that an expenditure by a Gulf Coast State 
or coastal political subdivision of amounts made 
available under this subsection does not meet 1 
of the activities described in subparagraph 
(B)(i), the Secretary shall make no additional 
amounts from the Trust Fund available to that 
Gulf Coast State or coastal political subdivision 
until such time as an amount equal to the 
amount expended for the unauthorized use— 
‘‘(i) has been deposited by the Gulf 
Coast State or coastal political subdivision 
in the Trust Fund; or 
‘‘(ii) has been authorized by the Sec-
retary of the Treasury for expenditure by 
the Gulf Coast State or coastal political 
subdivision for a project or program that 
meets the requirements of this subsection. 
‘‘(G) COMPLIANCE
WITH
CONDITIONS.—If 
the Secretary of the Treasury determines that a 
Gulf Coast State or coastal political subdivision 
does not meet the requirements of this subsection, 
including the conditions of subparagraph (D), 
where applicable, the Secretary of the Treasury
522 
† HR 4348 EAS 
shall make no amounts from the Trust Fund 
available to that Gulf Coast State or coastal po-
litical subdivision until all conditions of this 
subsection are met. 
‘‘(H) PUBLIC INPUT.—In meeting any con-
dition of this subsection, a Gulf Coast State may 
use an appropriate procedure for public con-
sultation in that Gulf Coast State, including 
consulting with 1 or more established task forces 
or other entities, to develop recommendations for 
proposed projects and programs that would re-
store and protect the natural resources, eco-
systems, fisheries, marine and wildlife habitats, 
beaches, coastal wetlands, and economy of the 
Gulf Coast. 
‘‘(I) PREVIOUSLY APPROVED PROJECTS AND 
PROGRAMS.—A Gulf Coast State or coastal polit-
ical subdivision shall be considered to have met 
the conditions of subparagraph (D) for a specific 
project or program if, before the date of enact-
ment of the Resources and Ecosystems Sustain-
ability, Tourist Opportunities, and Revived 
Economies of the Gulf Coast States Act of 
2012—
523 
† HR 4348 EAS 
‘‘(i) the Gulf Coast State or coastal po-
litical subdivision has established conditions 
for carrying out projects and programs that 
are substantively the same as the conditions 
described in subparagraph (D); and 
‘‘(ii) the applicable project or program 
carries out 1 or more of the activities de-
scribed in subparagraph (B)(ii). 
‘‘(J) CONSULTATION
WITH
COUNCIL.—In 
carrying out this subsection, each Gulf Coast 
State shall seek the input of the Chairperson of 
the Council to identify large-scale projects that 
may be jointly supported by that Gulf Coast 
State and by the Council pursuant to the Com-
prehensive Plan with amounts provided under 
this subsection. 
‘‘(K) NON-FEDERAL MATCHING FUNDS.— 
‘‘(i) IN GENERAL.—A Gulf Coast State 
or coastal political subdivision may use, in 
whole or in part, amounts made available 
to that Gulf Coast State from the Trust 
Fund to satisfy the non-Federal share of the 
cost of any project or program authorized 
by Federal law that meets the eligible use 
requirements under subparagraph (B)(i).
524 
† HR 4348 EAS 
‘‘(ii) EFFECT ON OTHER FUNDS.—The 
use of funds made available from the Trust 
Fund to satisfy the non-Federal share of the 
cost of a project or program that meets the 
requirements of clause (i) shall not affect 
the priority in which other Federal funds 
are allocated or awarded. 
‘‘(L) LOCAL
PREFERENCE.—In awarding 
contracts to carry out a project or program 
under this subsection, a Gulf Coast State or 
coastal political subdivision may give a pref-
erence to individuals and companies that reside 
in, are headquartered in, or are principally en-
gaged in business in, a Gulf Coast State. 
‘‘(M) UNUSED
FUNDS.—Any Funds not 
identified in an implementation plan by a State 
or coastal political subdivision in accordance 
with subparagraph (D)(iv) shall remain in the 
Trust Fund until such time as the State or 
coastal political subdivision to which the funds 
have been allocated develops and submits a plan 
identifying uses for those funds in accordance 
with subparagraph (D)(iv). 
‘‘(N) JUDICIAL REVIEW.—If the Secretary of 
the Treasury determines that a Gulf Coast State
525 
† HR 4348 EAS 
or coastal political subdivision does not meet the 
requirements of this subsection, including the 
conditions of subparagraph (D), the Gulf Coast 
State or coastal political subdivision may obtain 
expedited judicial review within 90 days of that 
decision in a district court of the United States, 
of appropriate jurisdiction and venue, that is lo-
cated within the State seeking such review. 
‘‘(2) COUNCIL
ESTABLISHMENT
AND
ALLOCA-
TION.— 
‘‘(A) IN
GENERAL.—Of the total amount 
made available in any fiscal year from the Trust 
Fund, 60 percent shall be disbursed to the Coun-
cil to carry out the Comprehensive Plan. 
‘‘(B) COUNCIL EXPENDITURES.— 
‘‘(i) IN GENERAL.—In accordance with 
this paragraph, the Council shall expend 
funds made available from the Trust Fund 
to undertake projects and programs that 
would restore and protect the natural re-
sources, ecosystems, fisheries, marine and 
wildlife habitats, beaches, coastal wetlands, 
and economy of the Gulf Coast. 
‘‘(ii) ALLOCATION AND EXPENDITURE 
PROCEDURES.—The Secretary of the Treas-
526 
† HR 4348 EAS 
ury shall develop such conditions, including 
audit requirements, as the Secretary of the 
Treasury determines necessary to ensure 
that amounts disbursed from the Trust 
Fund to the Council to implement the Com-
prehensive Plan will be used in accordance 
with this paragraph. 
‘‘(iii) ADMINISTRATIVE EXPENSES.—Of 
the amounts received by the Council under 
this subsection, not more than 3 percent 
may be used for administrative expenses, 
including staff. 
‘‘(C) GULF
COAST
ECOSYSTEM
RESTORA-
TION COUNCIL.— 
‘‘(i) ESTABLISHMENT.—There is estab-
lished as an independent entity in the Fed-
eral Government a council to be known as 
the ‘Gulf Coast Ecosystem Restoration 
Council’. 
‘‘(ii) MEMBERSHIP.—The Council shall 
consist of the following members, or in the 
case of a Federal agency, a designee at the 
level of the Assistant Secretary or the equiv-
alent:
527 
† HR 4348 EAS 
‘‘(I) The Chair of the Council on 
Environmental Quality. 
‘‘(II) The Secretary of the Inte-
rior. 
‘‘(III) The Secretary of the Army. 
‘‘(IV) The Secretary of Commerce. 
‘‘(V) The Administrator of the 
Environmental Protection Agency. 
‘‘(VI) The Secretary of Agri-
culture. 
‘‘(VII) The head of the department 
in which the Coast Guard is operating. 
‘‘(VIII) The Governor of the State 
of Alabama. 
‘‘(IX) The Governor of the State of 
Florida. 
‘‘(X) The Governor of the State of 
Louisiana. 
‘‘(XI) The Governor of the State of 
Mississippi. 
‘‘(XII) The Governor of the State 
of Texas. 
‘‘(iii) ALTERNATE.—A Governor ap-
pointed to the Council by the President may 
designate an alternate to represent the Gov-
528 
† HR 4348 EAS 
ernor on the Council and vote on behalf of 
the Governor. 
‘‘(iv) CHAIRPERSON.—From among the 
Federal agency members of the Council, the 
representatives of States on the Council 
shall select, and the President shall appoint, 
1 Federal member to serve as Chairperson 
of the Council. 
‘‘(v) PRESIDENTIAL
APPOINTMENT.— 
All Council members shall be appointed by 
the President. 
‘‘(vi) COUNCIL ACTIONS.— 
‘‘(I) IN
GENERAL.—Subject to 
subclause (IV), significant actions by 
the Council shall require the affirma-
tive vote of the Federal Chairperson 
and a majority of the State members to 
be effective. 
‘‘(II) 
INCLUSIONS.—Significant 
actions include but are not limited 
to— 
‘‘(aa) approval of a Com-
prehensive Plan and future revi-
sions to a Comprehensive Plan;
529 
† HR 4348 EAS 
‘‘(bb) approval of State plans 
pursuant to paragraph (3)(B)(iv); 
and 
‘‘(cc) approval of reports to 
Congress 
pursuant 
to 
clause 
(vii)(X). 
‘‘(III) QUORUM.—A quorum of 
State members shall be required to be 
present for the Council to take any sig-
nificant action. 
‘‘(IV) AFFIRMATIVE
VOTE
RE-
QUIREMENT
DEEMED
MET.—For ap-
proval of State plans pursuant to 
paragraph (3)(B)(iv), the certification 
by a State member of the Council that 
the plan satisfies all requirements of 
clauses (i) and (ii) of paragraphs 
(3)(B), when joined by an affirmative 
vote of the Federal Chairperson of the 
Council, is deemed to satisfy the re-
quirements for affirmative votes under 
subclause (I). 
‘‘(V) PUBLIC
TRANSPARENCY.— 
Appropriate actions of the Council, in-
cluding votes on significant actions
530 
† HR 4348 EAS 
and associated deliberations, shall be 
made available to the public. 
‘‘(vii) 
DUTIES
OF
COUNCIL.—The 
Council shall— 
‘‘(I) develop the Comprehensive 
Plan, and future revisions to the Com-
prehensive Plan; 
‘‘(II) identify as soon as prac-
ticable the projects that— 
‘‘(aa) have been authorized 
prior to the date of enactment of 
this subsection but not yet com-
menced; and 
‘‘(bb) if implemented quickly, 
would restore and protect the nat-
ural resources, ecosystems, fish-
eries, marine and wildlife habi-
tats, 
beaches, 
barrier 
islands, 
dunes, and coastal wetlands of the 
Gulf Coast ecosystem; 
‘‘(III) coordinate the development 
of consistent policies, strategies, plans, 
and activities by Federal agencies, 
State and local governments, and pri-
vate sector entities for addressing the
531 
† HR 4348 EAS 
restoration and protection of the Gulf 
Coast ecosystem; 
‘‘(IV) establish such other advi-
sory committee or committees as may 
be necessary to assist the Council, in-
cluding a scientific advisory committee 
and a committee to advise the Council 
on public policy issues; 
‘‘(V) coordinate scientific and 
other research associated with restora-
tion of the Gulf Coast ecosystem, in-
cluding 
research, 
observation, 
and 
monitoring carried out pursuant to 
section 1604 of the Resources and Eco-
systems Sustainability, Tourist Oppor-
tunities, and Revived Economies of the 
Gulf Coast States Act of 2012; 
‘‘(VI) seek to ensure that all poli-
cies, strategies, plans, and activities for 
addressing the restoration of the Gulf 
Coast ecosystem are based on the best 
available physical, ecological, and eco-
nomic data; 
‘‘(VII) make recommendations to 
address the particular needs of espe-
532 
† HR 4348 EAS 
cially economically and socially vul-
nerable populations; 
‘‘(VIII) develop standard terms to 
include in contracts for projects and 
programs awarded pursuant to the 
Comprehensive Plan that provide a 
preference to individuals and compa-
nies that reside in, are headquartered 
in, or are principally engaged in busi-
ness in, a Gulf Coast State; 
‘‘(IX) prepare an integrated fi-
nancial plan and recommendations for 
coordinated budget requests for the 
amounts proposed to be expended by 
the Federal agencies represented on the 
Council for projects and programs in 
the Gulf Coast States; 
‘‘(X) submit to Congress an an-
nual report that— 
‘‘(aa) summarizes the poli-
cies, strategies, plans, and activi-
ties for addressing the restoration 
and protection of the Gulf Coast 
ecosystem;
533 
† HR 4348 EAS 
‘‘(bb) describes the projects 
and programs being implemented 
to restore and protect the Gulf 
Coast ecosystem; and 
‘‘(cc) 
makes 
such 
rec-
ommendations to Congress for 
modifications of existing laws as 
the Council determines necessary 
to implement the Comprehensive 
Plan; and 
‘‘(XI) submit to Congress a final 
report on the date on which all funds 
made available to the Council are ex-
pended. 
‘‘(viii) APPLICATION OF FEDERAL AD-
VISORY COMMITTEE ACT.—The Council, or 
any other advisory committee established 
under this subsection, shall not be consid-
ered an advisory committee under the Fed-
eral Advisory Committee Act (5 U.S.C. 
App.). 
‘‘(D) COMPREHENSIVE PLAN.— 
‘‘(i) PROPOSED PLAN.— 
‘‘(I) IN GENERAL.—Not later than 
180 days after the date of enactment of
534 
† HR 4348 EAS 
the Resources and Ecosystems Sustain-
ability, Tourist Opportunities, and Re-
vived Economies of the Gulf Coast 
States Act of 2012, the Chairperson, on 
behalf of the Council, shall publish a 
proposed plan to restore and protect 
the natural resources, ecosystems, fish-
eries, marine and wildlife habitats, 
beaches, and coastal wetlands of the 
Gulf Coast ecosystem. 
‘‘(II) CONTENTS.—The proposed 
plan described in subclause (I) shall 
include and incorporate the findings 
and information prepared by the 
President’s Gulf Coast Restoration 
Task Force. 
‘‘(ii) PUBLICATION.— 
‘‘(I) INITIAL
PLAN.—Not later 
than 1 year after date of enactment of 
the Resources and Ecosystems Sustain-
ability, Tourist Opportunities, and Re-
vived Economies of the Gulf Coast 
States Act of 2012 and after notice and 
opportunity for public comment, the 
Chairperson, on behalf of the Council
535 
† HR 4348 EAS 
and after approval by the Council, 
shall publish in the Federal Register 
the initial Comprehensive Plan to re-
store and protect the natural resources, 
ecosystems, fisheries, marine and wild-
life habitats, beaches, and coastal wet-
lands of the Gulf Coast ecosystem. 
‘‘(II) COOPERATION
WITH
GULF 
COAST
RESTORATION
TASK
FORCE.— 
The Council shall develop the initial 
Comprehensive Plan in close coordina-
tion with the President’s Gulf Coast 
Restoration Task Force. 
‘‘(III) CONSIDERATIONS.—In de-
veloping the initial Comprehensive 
Plan and subsequent updates, the 
Council shall consider all relevant 
findings, reports, or research prepared 
or funded by a center of excellence or 
the Gulf Fisheries and Ecosystem En-
dowment established pursuant to the 
Gulf 
Coast 
Ecosystem 
Restoration 
Science, Monitoring, and Technology 
Program under section 1604 of the Re-
sources and Ecosystems Sustainability,
536 
† HR 4348 EAS 
Tourist Opportunities, and Revived 
Economies of the Gulf Coast States Act 
of 2012. 
‘‘(IV) 
CONTENTS.—The 
initial 
Comprehensive Plan shall include— 
‘‘(aa) such provisions as are 
necessary to fully incorporate in 
the Comprehensive Plan the strat-
egy, projects, and programs rec-
ommended by the President’s Gulf 
Coast Restoration Task Force; 
‘‘(bb) a list of any project or 
program authorized prior to the 
date of enactment of this sub-
section but not yet commenced, 
the completion of which would 
further the purposes and goals of 
this subsection and of the Re-
sources and Ecosystems Sustain-
ability, 
Tourist 
Opportunities, 
and Revived Economies of the 
Gulf Coast States Act of 2012; 
‘‘(cc) a description of the 
manner in which amounts from 
the Trust Fund projected to be
537 
† HR 4348 EAS 
made available to the Council for 
the succeeding 10 years will be al-
located; and 
‘‘(dd) subject to available 
funding in accordance with clause 
(iii), a prioritized list of specific 
projects and programs to be fund-
ed and carried out during the 3- 
year period immediately following 
the date of publication of the ini-
tial Comprehensive Plan, includ-
ing a table that illustrates the dis-
tribution of projects and programs 
by Gulf Coast State. 
‘‘(V) PLAN UPDATES.—The Coun-
cil shall update— 
‘‘(aa) 
the 
Comprehensive 
Plan every 5 years in a manner 
comparable to the manner estab-
lished in this subsection for each 
5-year period for which amounts 
are expected to be made available 
to the Gulf Coast States from the 
Trust Fund; and
538 
† HR 4348 EAS 
‘‘(bb) 
the 
3-year 
list 
of 
projects and programs described 
in subclause (IV)(dd) annually. 
‘‘(iii) RESTORATION PRIORITIES.—Ex-
cept for projects and programs described in 
subclause (IV)(bb), in selecting projects and 
programs to include on the 3-year list de-
scribed in subclause (IV)(dd), based on the 
best available science, the Council shall give 
highest priority to projects that address 1 or 
more of the following criteria: 
‘‘(I) Projects that are projected to 
make the greatest contribution to re-
storing and protecting the natural re-
sources, ecosystems, fisheries, marine 
and wildlife habitats, beaches, and 
coastal wetlands of the Gulf Coast eco-
system, without regard to geographic 
location. 
‘‘(II) Large-scale projects and pro-
grams that are projected to substan-
tially contribute to restoring and pro-
tecting the natural resources, eco-
systems, fisheries, marine and wildlife
539 
† HR 4348 EAS 
habitats, beaches, and coastal wetlands 
of the Gulf Coast ecosystem. 
‘‘(III) Projects contained in exist-
ing Gulf Coast State comprehensive 
plans for the restoration and protection 
of natural resources, ecosystems, fish-
eries, marine and wildlife habitats, 
beaches, and coastal wetlands of the 
Gulf Coast ecosystem. 
‘‘(IV) Projects that restore long- 
term resiliency of the natural re-
sources, ecosystems, fisheries, marine 
and wildlife habitats, beaches, and 
coastal wetlands most impacted by the 
Deepwater Horizon oil spill. 
‘‘(E) IMPLEMENTATION.— 
‘‘(i) IN GENERAL.—The Council, acting 
through the member agencies and Gulf 
Coast States, shall expend funds made 
available from the Trust Fund to carry out 
projects and programs adopted in the Com-
prehensive Plan. 
‘‘(ii) 
ADMINISTRATIVE
RESPONSI-
BILITY.—
540 
† HR 4348 EAS 
‘‘(I) IN GENERAL.—Primary au-
thority and responsibility for each 
project and program included in the 
Comprehensive Plan shall be assigned 
by the Council to a Gulf Coast State 
represented on the Council or a Federal 
agency. 
‘‘(II) TRANSFER OF AMOUNTS.— 
Amounts necessary to carry out each 
project or program included in the 
Comprehensive Plan shall be trans-
ferred by the Secretary of the Treasury 
from the Trust Fund to that Federal 
agency or Gulf Coast State as the 
project or program is implemented, 
subject to such conditions as the Sec-
retary of the Treasury, in consultation 
with the Secretary of the Interior and 
the Secretary of Commerce, established 
pursuant to section 1602 of the Re-
sources and Ecosystems Sustainability, 
Tourist Opportunities, and Revived 
Economies of the Gulf Coast States Act 
of 2012. 
‘‘(iii) COST SHARING.—
541 
† HR 4348 EAS 
‘‘(I) IN GENERAL.—A Gulf Coast 
State or coastal political subdivision 
may use, in whole or in part, amounts 
made available to that Gulf Coast 
State or coastal political subdivision 
from the Trust Fund to satisfy the 
non-Federal share of the cost of car-
rying a project or program that— 
‘‘(aa) is authorized by other 
Federal law; and 
‘‘(bb) meets the criteria of 
subparagraph (D). 
‘‘(II) INCLUSION IN COMPREHEN-
SIVE PLAN.—A project or program de-
scribed in subclause (I) that meets the 
criteria for inclusion in the Com-
prehensive Plan described in subpara-
graph (D) shall be selected and adopted 
by the Council as part of the Com-
prehensive Plan in the manner de-
scribed in subparagraph (D). 
‘‘(F) COORDINATION.—The Council and the 
Federal members of the Council may develop 
Memorandums of Understanding establishing in-
542 
† HR 4348 EAS 
tegrated funding and implementation plans 
among the member agencies and authorities. 
‘‘(G) TERMINATION.—The Council shall ter-
minate on the date on which the report described 
in subparagraph (C)(vii)(XI) is submitted to 
Congress. 
‘‘(3) OIL SPILL RESTORATION IMPACT ALLOCA-
TION.— 
‘‘(A) IN GENERAL.—Except as provided in 
paragraph (4), of the total amount made avail-
able to the Council under paragraph (2) in any 
fiscal year from the Trust Fund, 50 percent shall 
be disbursed by the Council as follows: 
‘‘(i) FORMULA.—Subject to subpara-
graph (B), for each Gulf Coast State, the 
amount disbursed under this paragraph 
shall be based on a formula established by 
the Council by regulation that is based on 
a weighted average of the following criteria: 
‘‘(I) 40 percent based on the pro-
portionate number of miles of shoreline 
in each Gulf Coast State that experi-
enced oiling as of April 10, 2011, com-
pared to the total number of miles of 
shoreline that experienced oiling as a
543 
† HR 4348 EAS 
result of the Deepwater Horizon oil 
spill. 
‘‘(II) 40 percent based on the in-
verse proportion of the average dis-
tance from the Deepwater Horizon oil 
rig to the nearest and farthest point of 
the shoreline that experienced oiling of 
each Gulf Coast State. 
‘‘(III) 20 percent based on the av-
erage population in the 2010 decennial 
census of coastal counties bordering the 
Gulf of Mexico within each Gulf Coast 
State. 
‘‘(ii) 
MINIMUM
ALLOCATION.—The 
amount disbursed to a Gulf Coast State for 
each fiscal year under clause (i) shall be at 
least 5 percent of the total amounts made 
available under this paragraph. 
‘‘(B) APPROVAL
OF
PROJECTS
AND
PRO-
GRAMS.— 
‘‘(i) IN GENERAL.—The Council shall 
disburse amounts to the respective Gulf 
Coast States in accordance with the formula 
developed under subparagraph (A) for 
projects, programs, and activities that will
544 
† HR 4348 EAS 
improve the ecosystems or economy of the 
Gulf Coast, subject to the condition that 
each Gulf Coast State submits a plan for 
the expenditure of amounts disbursed under 
this paragraph which meet the following 
criteria: 
‘‘(I) All projects, programs, and 
activities included in that plan are eli-
gible activities pursuant to paragraph 
(1)(B)(i). 
‘‘(II) The projects, programs, and 
activities included in that plan con-
tribute to the overall economic and eco-
logical recovery of the Gulf Coast. 
‘‘(III) The plan takes into consid-
eration the Comprehensive Plan and is 
consistent with its goals and objectives, 
as described in paragraph (2)(B)(i). 
‘‘(ii) FUNDING.— 
‘‘(I) IN GENERAL.—Except as pro-
vided in subclause (II), the plan de-
scribed in clause (i) may use not more 
than 25 percent of the funding made 
available for infrastructure projects eli-
545 
† HR 4348 EAS 
gible under subclauses (X) and (XI) of 
paragraph (1)(B)(i). 
‘‘(II) EXCEPTION.—The plan de-
scribed in clause (i) may propose to 
use more than 25 percent of the fund-
ing made available for infrastructure 
projects eligible under subclauses (X) 
and (XI) of paragraph (1)(B)(i) if the 
plan certifies that— 
‘‘(aa) ecosystem restoration 
needs in the State will be ad-
dressed by the projects in the pro-
posed plan; and 
‘‘(bb) additional investment 
in infrastructure is required to 
mitigate the impacts of the Deep-
water Horizon Oil Spill to the 
ecosystem or economy. 
‘‘(iii) DEVELOPMENT.—The plan de-
scribed in clause (i) shall be developed by— 
‘‘(I) in the State of Alabama, the 
Alabama Gulf Coast Recovery Council 
established under paragraph (1)(E)(i); 
‘‘(II) in the State of Florida, a 
consortia of local political subdivisions
546 
† HR 4348 EAS 
that includes at least 1 representative 
of each disproportionally affected coun-
ty; 
‘‘(III) in the State of Louisiana, 
the Coastal Protection and Restoration 
Authority of Louisiana; 
‘‘(IV) in the State of Mississippi, 
the Office of the Governor or an ap-
pointee of the Office of the Governor; 
and 
‘‘(V) in the State of Texas, the Of-
fice of the Governor or an appointee of 
the Office of the Governor. 
‘‘(iv) APPROVAL.—Not later than 60 
days after the date on which a plan is sub-
mitted under clause (i), the Council shall 
approve or disapprove the plan based on the 
conditions of clause (i). 
‘‘(C) DISAPPROVAL.—If the Council dis-
approves a plan pursuant to subparagraph 
(B)(iv), the Council shall— 
‘‘(i) provide the reasons for dis-
approval in writing; and
547 
† HR 4348 EAS 
‘‘(ii) consult with the State to address 
any identified deficiencies with the State 
plan. 
‘‘(D) 
FAILURE
TO
SUBMIT
ADEQUATE 
PLAN.—If a State fails to submit an adequate 
plan under this subsection, any funds made 
available under this subsection shall remain in 
the Trust Fund until such date as a plan is sub-
mitted and approved pursuant to this subsection. 
‘‘(E) JUDICIAL
REVIEW.—If the Council 
fails to approve or take action within 60 days on 
a plan described in subparagraph (B)(iv), the 
State may obtain expedited judicial review with-
in 90 days of that decision in a district court of 
the United States, of appropriate jurisdiction 
and venue, that is located within the State seek-
ing such review. 
‘‘(4) AUTHORIZATION
OF
INTEREST
TRANS-
FERS.— 
‘‘(A) IN
GENERAL.—Of the total amount 
made available in any fiscal year from the Trust 
Fund, an amount equal to the interest earned by 
the Trust Fund and proceeds from investments 
made by the Trust Fund in the preceding fiscal 
year—
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† HR 4348 EAS 
‘‘(i) 50 percent shall be transferred to 
the National Endowment for Oceans in sub-
paragraph (B); and 
‘‘(ii) 50 percent shall be transferred to 
the Gulf of Mexico Research Endowment in 
subparagraph (C). 
‘‘(B) NATIONAL
ENDOWMENT
FOR
THE 
OCEANS.— 
‘‘(i) ESTABLISHMENT.— 
‘‘(I) IN GENERAL.—There is estab-
lished in the Treasury of the United 
States a trust fund to be known as the 
‘National Endowment for the Oceans’, 
consisting of such amounts as may be 
appropriated or credited to the Na-
tional Endowment for the Oceans. 
‘‘(II) INVESTMENT.—Amounts in 
the 
National 
Endowment 
for 
the 
Oceans shall be invested in accordance 
with section 9602 of the Internal Rev-
enue Code of 1986, and any interest 
on, and proceeds from, any such in-
vestment shall be available for expendi-
ture in accordance with this subpara-
graph.
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† HR 4348 EAS 
‘‘(ii) TRUSTEE.—The trustee for the 
National Endowment for the Oceans shall 
be the Secretary of Commerce. 
‘‘(iii) ALLOCATION OF FUNDS.— 
‘‘(I) IN
GENERAL.—Each fiscal 
year, the Secretary shall allocate, at a 
minimum, an amount equal to the in-
terest earned by the National Endow-
ment for the Oceans in the preceding 
fiscal year, and may distribute an 
amount equal to up to 10 percent of 
the total amounts in the National En-
dowment for the Oceans— 
‘‘(aa) to allocate funding to 
coastal states (as defined in sec-
tion 304 of the Marine Resources 
and Engineering Development Act 
of 1966 (16 U.S.C. 1453)) and af-
fected Indian tribes; 
‘‘(bb) to make grants to re-
gional ocean and coastal planning 
bodies; and 
‘‘(cc) to develop and imple-
ment a National Grant Program 
for Oceans and Coastal Waters.
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‘‘(II) PROGRAM ADJUSTMENTS.— 
Each fiscal year where the amount de-
scribed in subparagraph (A)(i) does 
not exceed $100,000,000, the Secretary 
may elect to fund only the grant pro-
gram established in subclause (I)(cc). 
‘‘(iv) ELIGIBLE
ACTIVITIES.—Funds 
deposited in the National Endowment for 
the Oceans may be allocated by the Sec-
retary only to fund grants for programs 
and activities intended to restore, protect, 
maintain, or understand living marine re-
sources and their habitats and resources in 
ocean and coastal waters (as defined in sec-
tion 304 of the Marine Resources and Engi-
neering Development Act of 1966 (16 U.S.C. 
1453)), including baseline scientific re-
search, ocean observing, and other programs 
and activities carried out in coordination 
with Federal and State departments or 
agencies, that are consistent with Federal 
environmental laws and that avoid environ-
mental degradation. 
‘‘(v) APPLICATION.—To be eligible to 
receive a grant under clause (iii)(I), an en-
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† HR 4348 EAS 
tity shall submit to the Secretary an appli-
cation at such time, in such manner, and 
containing such information as the Sec-
retary determines to be appropriate. 
‘‘(vi) 
FUNDING
FOR
COASTAL 
STATES.—The Secretary shall allocate fund-
ing among States as follows: 
‘‘(I) 50 percent of the funds shall 
be allocated equally among coastal 
States. 
‘‘(II) 25 percent of the funds shall 
be allocated based on tidal shoreline 
miles. 
‘‘(III) 25 percent of the funds 
shall be allocated based on the coastal 
population density of a coastal State. 
‘‘(IV) No State shall be allocated 
more than 10 percent of the total 
amount of funds available for alloca-
tion among coastal States for any fis-
cal year. 
‘‘(V) No territory shall be allo-
cated more than 1 percent of the total 
amount of funds available for alloca-
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tion among coastal States for any fis-
cal year. 
‘‘(C) GULF OF MEXICO RESEARCH ENDOW-
MENT.— 
‘‘(i) IN GENERAL.—There is established 
in the Treasury of the United States a trust 
fund to be known as the ‘Gulf of Mexico Re-
search Endowment’, to be administered by 
the Secretary of Commerce, solely for use in 
providing long-term funding in accordance 
with section 1604 of the Resources and Eco-
systems Sustainability, Tourist Opportuni-
ties, and Revived Economies of the Gulf 
Coast States Act of 2012. 
‘‘(ii) INVESTMENT.—Amounts in the 
Gulf of Mexico Research Endowment shall 
be invested in accordance with section 9602 
of the Internal Revenue Code of 1986, and, 
after adjustment for inflation so as to 
maintain the value of the principal, any in-
terest on, and proceeds from, any such in-
vestment shall be available for expenditure 
and shall be allocated in equal portions to 
the Gulf Coast Ecosystem Restoration 
Science, Monitoring, and Technology Pro-
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gram and Fisheries Endowment established 
in section 1604 of the Resources and Eco-
systems Sustainability, Tourist Opportuni-
ties, and Revived Economies of the Gulf 
Coast States Act of 2012.’’. 
SEC. 
1604. 
GULF 
COAST 
ECOSYSTEM 
RESTORATION 
SCIENCE, OBSERVATION, MONITORING, AND 
TECHNOLOGY PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the National Oce-
anic and Atmospheric Administration. 
(2) FISHERIES AND ECOSYSTEM ENDOWMENT.— 
The term ‘‘Fisheries and Ecosystem Endowment’’ 
means the endowment established by subsection (d). 
(3) PROGRAM.—The term ‘‘Program’’ means the 
Gulf Coast Ecosystem Restoration Science, Observa-
tion, Monitoring, and Technology Program estab-
lished by subsection (b). 
(b) ESTABLISHMENT OF PROGRAM.—There is estab-
lished within the National Oceanic and Atmospheric Ad-
ministration a program to be known as the ‘‘Gulf Coast 
Ecosystem Restoration Science, Observation, Monitoring, 
and Technology Program’’, to be carried out by the Admin-
istrator.
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† HR 4348 EAS 
(c) CENTERS OF EXCELLENCE.— 
(1) IN GENERAL.—In carrying out the Program, 
the Administrator, in consultation with other Federal 
agencies with expertise in the discipline of a center of 
excellence, shall make grants in accordance with 
paragraph (2) to establish and operate 5 centers of ex-
cellence, 1 of which shall be located in each of the 
States of Alabama, Florida, Louisiana, Mississippi, 
and Texas. 
(2) GRANTS.— 
(A) IN GENERAL.—The Administrator shall 
use the amounts made available to carry out this 
section to award competitive grants to non-
governmental entities and consortia in the Gulf 
Coast region (including public and private insti-
tutions of higher education) for the establishment 
of centers of excellence as described in paragraph 
(1). 
(B) APPLICATION.—To be eligible to receive 
a grant under this paragraph, an entity or con-
sortium described in subparagraph (A) shall sub-
mit to the Administrator an application at such 
time, in such manner, and containing such in-
formation as the Administrator determines to be 
appropriate.
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† HR 4348 EAS 
(C) PRIORITY.—In awarding grants under 
this paragraph, the Administrator shall give pri-
ority to entities and consortia that demonstrate 
the ability to establish the broadest cross-section 
of participants with interest and expertise in 
any discipline described in paragraph (3) on 
which the proposal of the center of excellence will 
be focused. 
(3) DISCIPLINES.—Each center of excellence shall 
focus on science, technology, and monitoring in at 
least 1 of the following disciplines: 
(A) Coastal and deltaic sustainability, res-
toration and protection; including solutions and 
technology that allow citizens to live safely and 
sustainably in a coastal delta. 
(B) Coastal fisheries and wildlife ecosystem 
research and monitoring. 
(C) Offshore energy development, including 
research and technology to improve the sustain-
able and safe development of energy resources. 
(D) Sustainable and resilient growth, eco-
nomic and commercial development in the Gulf 
Coast. 
(E) Comprehensive observation, monitoring, 
and mapping of the Gulf of Mexico.
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† HR 4348 EAS 
(4) COORDINATION WITH OTHER PROGRAMS.— 
The Administrator shall develop a plan for the coordi-
nation of projects and activities between the Program 
and other existing Federal and State science and tech-
nology programs in the States of Alabama, Florida, 
Louisiana, Mississippi, and Texas, as well as between 
the centers of excellence. 
(d) ESTABLISHMENT OF FISHERIES AND ECOSYSTEM 
ENDOWMENT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Council shall es-
tablish a fishery and ecosystem endowment to ensure, 
to the maximum extent practicable, the long-term sus-
tainability of the ecosystem, fish stocks, fish habitat 
and the recreational, commercial, and charter fishing 
industry in the Gulf of Mexico. 
(2) EXPENDITURE OF FUNDS.—For each fiscal 
year, amounts made available to carry out this sub-
section may be expended for, with respect to the Gulf 
of Mexico— 
(A) marine and estuarine research; 
(B) marine and estuarine ecosystem moni-
toring and ocean observation; 
(C) data collection and stock assessments; 
(D) pilot programs for—
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† HR 4348 EAS 
(i) fishery independent data; and 
(ii) reduction of exploitation of spawn-
ing aggregations; and 
(E) cooperative research. 
(3) ADMINISTRATION
AND
IMPLEMENTATION.— 
The Fisheries and Ecosystem Endowment shall be ad-
ministered by the Administrator of the National Oce-
anic and Atmospheric Administration, in consulta-
tion with the Director of the United States Fish and 
Wildlife Service, with guidance provided by the Re-
gional Gulf of Mexico Fishery Management Council. 
(4) SPECIES INCLUDED.—The Fisheries and Eco-
system Endowment will include all marine, estuarine, 
aquaculture, and fish and wildlife species in State 
and Federal waters of the Gulf of Mexico. 
(5) RESEARCH
PRIORITIES.—In distributing 
funding under this subsection, priority shall be given 
to integrated, long-term projects that— 
(A) build on, or are coordinated with, re-
lated research activities; and 
(B) address current or anticipated marine 
ecosystem, fishery, or wildlife management infor-
mation needs. 
(6) DUPLICATION AND COORDINATION.—In car-
rying out this subsection, the Administrator shall seek
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† HR 4348 EAS 
to avoid duplication of other research and monitoring 
activities and coordinate with existing research and 
monitoring programs, including the Integrated Coast-
al and Ocean Observation System Act of 2009 (33 
U.S.C. 3601 et seq.). 
(e) FUNDING.— 
(1) IN GENERAL.—Except as provided in sub-
section (t)(4) of section 311 of the Federal Water Pol-
lution Control Act (33 U.S.C. 1321), of the total 
amount made available for each fiscal year for the 
Gulf Coast Restoration Trust Fund established under 
section 1602, 5 percent shall be allocated in equal 
portions to the Program and Fisheries and Ecosystem 
Endowment established by this section. 
(2) 
ADMINISTRATIVE
EXPENSES.—Of 
the 
amounts received by the National Oceanic and Atmos-
pheric Administration to carry out this section, not 
more than 3 percent may be used for administrative 
expenses. 
SEC. 1605. EFFECT. 
(a) IN GENERAL.—Nothing in this subtitle or any 
amendment made by this subtitle— 
(1) supersedes or otherwise affects any provision 
of Federal law, including, in particular, laws pro-
viding recovery for injury to natural resources under
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† HR 4348 EAS 
the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) 
and laws for the protection of public health and the 
environment; or 
(2) applies to any fine collected under section 
311 of the Federal Water Pollution Control Act (33 
U.S.C. 1321) for any incident other than the Deep-
water Horizon oil spill. 
(b) USE OF FUNDS.—Funds made available under this 
subtitle may be used only for eligible activities specifically 
authorized by this subtitle. 
Subtitle G—Land and Water 
Conservation Fund 
SEC. 1701. LAND AND WATER CONSERVATION FUND. 
(a) AUTHORIZATION.—Section 2 of the Land and 
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5) 
is amended— 
(1) in the matter preceding subsection (a), by 
striking ‘‘September 30, 2015’’ and inserting ‘‘Sep-
tember 30, 2022’’; and 
(2) in subsection (c)(1), by striking ‘‘through 
September 30, 2015’’ and inserting ‘‘September 30, 
2022’’. 
(b) FUNDING.—Section 3 of the Land and Water Con-
servation Fund Act of 1965 (16 U.S.C. 460l-6) is amended 
to read as follows:
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† HR 4348 EAS 
‘‘SEC. 3. AVAILABILITY OF FUNDS. 
‘‘(a) FUNDING.— 
‘‘(1) FISCAL YEARS 2013 AND 2014.—For each of 
fiscal years 2013 and 2014— 
‘‘(A) $700,000,000 of amounts covered into 
the fund under section 2 shall be available for ex-
penditure, without further appropriation or fis-
cal year limitation, to carry out the purposes of 
this Act; and 
‘‘(B) the remainder of amounts covered into 
the fund shall be available subject to appropria-
tions, which may be made without fiscal year 
limitation. 
‘‘(2) FISCAL
YEARS
2015
THROUGH
2022.—For 
each of fiscal years 2015 through 2022, amounts cov-
ered into the fund under section 2 shall be available 
for expenditure to carry out the purposes of this Act 
subject to appropriations, which may be made with-
out fiscal year limitation. 
‘‘(b) USES.—Amounts made available for obligation or 
expenditure from the fund may be obligated or expended 
only as provided in this Act. 
‘‘(c) WILLING SELLERS.—In using amounts made 
available under subsection (a)(1)(A), the Secretary shall 
only acquire land or interests in land by purchase, ex-
change, or donation from a willing seller.
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† HR 4348 EAS 
‘‘(d) ADDITIONAL AMOUNTS.—Amounts made avail-
able under subsection (a)(1)(A) shall be in addition to 
amounts made available to the fund under section 105 of 
the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 
1331 note; Public Law 109–432). 
‘‘(e) ALLOCATION AUTHORITY.—Appropriation Acts 
may provide for the allocation of amounts covered into the 
fund under section 2.’’. 
(c) ALLOCATION OF FUNDS.—Section 5 of the Land 
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l– 
7) is amended— 
(1) in the first sentence, by inserting ‘‘or expend-
itures’’ after ‘‘appropriations’’; 
(2) in the second sentence— 
(A) by inserting ‘‘or expenditures’’ after 
‘‘appropriations’’; and 
(B) by inserting before the period at the end 
the following: ‘‘, including the amounts to be al-
located from the fund for Federal and State pur-
poses’’; and 
(3) by striking ‘‘Those appropriations from’’ and 
all that follows through the end of the section. 
(d) CONFORMING AMENDMENTS.—Section 6(b) of the 
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
460l–8(b)) is amended—
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† HR 4348 EAS 
(1) in the matter preceding paragraph (1), by 
inserting ‘‘or expended’’ after ‘‘appropriated’’; 
(2) in paragraph (1)— 
(A) by inserting ‘‘or expenditures’’ after 
‘‘appropriations’’; and 
(B) by striking ‘‘; and’’ and inserting a pe-
riod; and 
(3) in the first sentence of paragraph (2), by in-
serting ‘‘or expenditure’’ after ‘‘appropriation’’. 
(e) PUBLIC ACCESS.—Section 7 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-9) is 
amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘or expended’’ after ‘‘appropriated’’; 
and 
(B) in paragraph (3), by inserting ‘‘or ex-
penditures’’ after ‘‘such appropriations’’; 
(2) in subsection (b)— 
(A) in the first sentence, by inserting ‘‘or 
expenditures’’ after ‘‘Appropriations’’; and 
(B) in the proviso, by inserting ‘‘or expend-
itures’’ after ‘‘appropriations’’; 
(3) in the first sentence of subsection (c)(1)—
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† HR 4348 EAS 
(A) by inserting ‘‘or expended’’ after ‘‘ap-
propriated’’; and 
(B) by inserting ‘‘or expenditures’’ after 
‘‘appropriations’’; and 
(4) by adding at the end the following: 
‘‘(d) PUBLIC ACCESS.—Not less than 1.5 percent of the 
annual authorized funding amount shall be made available 
each year for projects that secure recreational public access 
to existing Federal public land for hunting, fishing, and 
other recreational purposes.’’. 
Subtitle H—Offsets 
SEC. 1801. DELAY IN APPLICATION OF WORLDWIDE INTER-
EST. 
(a) IN GENERAL.—Paragraphs (5)(D) and (6) of sec-
tion 864(f) of the Internal Revenue Code of 1986 are each 
amended by striking ‘‘December 31, 2020’’ and inserting 
‘‘December 31, 2021.’’ 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
Act.
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† HR 4348 EAS 
TITLE II—AMERICA FAST FOR-
WARD 
FINANCING 
INNOVA-
TION 
SEC. 2001. SHORT TITLE. 
This title may be cited as the ‘‘America Fast Forward 
Financing Innovation Act of 2011’’. 
SEC. 2002. TRANSPORTATION INFRASTRUCTURE FINANCE 
AND INNOVATION ACT AMENDMENTS. 
Sections 601 through 609 of title 23, United States 
Code, are amended to read as follows: 
‘‘§ 601. Generally applicable provisions 
‘‘(a) DEFINITIONS.—In this chapter, the following 
definitions apply: 
‘‘(1) ELIGIBLE PROJECT COSTS.—The term ‘eli-
gible project costs’ means amounts substantially all of 
which are paid by, or for the account of, an obligor 
in connection with a project, including the cost of— 
‘‘(A) development phase activities, including 
planning, feasibility analysis, revenue fore-
casting, environmental review, permitting, pre-
liminary engineering and design work, and other 
preconstruction activities; 
‘‘(B) construction, reconstruction, rehabili-
tation, replacement, and acquisition of real 
property (including land relating to the project
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† HR 4348 EAS 
and improvements to land), environmental miti-
gation, construction contingencies, and acquisi-
tion of equipment; and 
‘‘(C) capitalized interest necessary to meet 
market requirements, reasonably required reserve 
funds, capital issuance expenses, and other car-
rying costs during construction. 
‘‘(2) FEDERAL CREDIT INSTRUMENT.—The term 
‘Federal credit instrument’ means a secured loan, 
loan guarantee, or line of credit authorized to be 
made available under this chapter with respect to a 
project. 
‘‘(3) INVESTMENT-GRADE
RATING.—The term 
‘investment-grade rating’ means a rating of BBB 
minus, Baa3, bbb minus, BBB (low), or higher as-
signed by a rating agency to project obligations. 
‘‘(4) LENDER.—The term ‘lender’ means any 
non-Federal qualified institutional buyer (as defined 
in section 230.144A(a) of title 17, Code of Federal 
Regulations (or any successor regulation), known as 
Rule 144A(a) of the Securities and Exchange Com-
mission and issued under the Securities Act of 1933 
(15 U.S.C. 77a et seq.)), including— 
‘‘(A) a qualified retirement plan (as defined 
in section 4974(c) of the Internal Revenue Code
566 
† HR 4348 EAS 
of 1986) that is a qualified institutional buyer; 
and 
‘‘(B) a governmental plan (as defined in 
section 414(d) of the Internal Revenue Code of 
1986) that is a qualified institutional buyer. 
‘‘(5) LETTER OF INTEREST.—The term ‘letter of 
interest’ means a letter submitted by a potential ap-
plicant prior to an application for credit assistance 
in a format prescribed by the Secretary on the website 
of the TIFIA program, which— 
‘‘(A) describes the project and the location, 
purpose, and cost of the project; 
‘‘(B) outlines the proposed financial plan, 
including the requested credit assistance and the 
proposed obligor; 
‘‘(C) provides a status of environmental re-
view; and 
‘‘(D) provides information regarding satis-
faction of other eligibility requirements of the 
TIFIA program. 
‘‘(6) LINE OF CREDIT.—The term ‘‘ ‘line of cred-
it’ ’’ means an agreement entered into by the Sec-
retary with an obligor under section 604 to provide 
a direct loan at a future date upon the occurrence of 
certain events.
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† HR 4348 EAS 
‘‘(7) LIMITED
BUYDOWN.—The term ‘limited 
buydown’ means, subject to the conditions described 
in section 603(b)(4)(C), a buydown of the interest 
rate by the Secretary and by the obligor if the interest 
rate has increased between— 
‘‘(A)(i) the date on which a project applica-
tion acceptable to the Secretary is submitted; or 
‘‘(ii) the date on which the Secretary en-
tered into a master credit agreement; and 
‘‘(B) the date on which the Secretary exe-
cutes the Federal credit instrument. 
‘‘(8) LOAN GUARANTEE.—The term ‘loan guar-
antee’ means any guarantee or other pledge by the 
Secretary to pay all or part of the principal of and 
interest on a loan or other debt obligation issued by 
an obligor and funded by a lender. 
‘‘(9) MASTER
CREDIT
AGREEMENT.—The term 
‘master credit agreement’ means an agreement to ex-
tend credit assistance for a program of projects se-
cured by a common security pledge (which shall re-
ceive an investment grade rating from a rating agen-
cy), or for a single project covered under section 
602(b)(2) that would— 
‘‘(A) make contingent commitments of 1 or 
more secured loans or other Federal credit in-
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† HR 4348 EAS 
struments at future dates, subject to the avail-
ability of future funds being made available to 
carry out this chapter; 
‘‘(B) establish the maximum amounts and 
general terms and conditions of the secured loans 
or other Federal credit instruments; 
‘‘(C) identify the 1 or more dedicated non- 
Federal revenue sources that will secure the re-
payment of the secured loans or secured Federal 
credit instruments; 
‘‘(D) provide for the obligation of funds for 
the secured loans or secured Federal credit in-
struments after all requirements have been met 
for the projects subject to the master credit agree-
ment, including— 
‘‘(i) completion of an environmental 
impact statement or similar analysis re-
quired under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(ii) compliance with such other re-
quirements as are specified in section 
602(c); and 
‘‘(iii) the availability of funds to carry 
out this chapter; and
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† HR 4348 EAS 
‘‘(E) require that contingent commitments 
result in a financial close and obligation of cred-
it assistance not later than 3 years after the date 
of entry into the master credit agreement, or re-
lease of the commitment, unless otherwise ex-
tended by the Secretary. 
‘‘(10) OBLIGOR.—The term ‘obligor’ means a 
party that— 
‘‘(A) is primarily liable for payment of the 
principal of or interest on a Federal credit in-
strument; and 
‘‘(B) may be a corporation, partnership, 
joint venture, trust, or governmental entity, 
agency, or instrumentality. 
‘‘(11) PROJECT.—The term ‘project’ means— 
‘‘(A) any surface transportation project eli-
gible for Federal assistance under this title or 
chapter 53 of title 49; 
‘‘(B) a project for an international bridge 
or tunnel for which an international entity au-
thorized under Federal or State law is respon-
sible; 
‘‘(C) a project for intercity passenger bus or 
rail facilities and vehicles, including facilities 
and vehicles owned by the National Railroad
570 
† HR 4348 EAS 
Passenger Corporation and components of mag-
netic levitation transportation systems; and 
‘‘(D) a project that— 
‘‘(i) is a project— 
‘‘(I) for a public freight rail facil-
ity or a private facility providing pub-
lic benefit for highway users by way of 
direct freight interchange between high-
way and rail carriers; 
‘‘(II) for an intermodal freight 
transfer facility; 
‘‘(III) for a means of access to a 
facility described in subclause (I) or 
(II); 
‘‘(IV) for a service improvement 
for a facility described in subclause (I) 
or (II) (including a capital investment 
for an intelligent transportation sys-
tem); or 
‘‘(V) that comprises a series of 
projects described in subclauses (I) 
through (IV) with the common objective 
of improving the flow of goods; 
‘‘(ii) may involve the combining of pri-
vate and public sector funds, including in-
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† HR 4348 EAS 
vestment of public funds in private sector 
facility improvements; 
‘‘(iii) if located within the boundaries 
of a port terminal, includes only such sur-
face transportation infrastructure modifica-
tions as are necessary to facilitate direct 
intermodal interchange, transfer, and access 
into and out of the port; and 
‘‘(iv) is composed of related highway, 
surface transportation, transit, rail, or 
intermodal capital improvement projects el-
igible for assistance under this subsection in 
order to meet the eligible project cost thresh-
old under section 602, by grouping related 
projects together for that purpose, on the 
condition that the credit assistance for the 
projects is secured by a common pledge. 
‘‘(12) PROJECT OBLIGATION.—The term ‘project 
obligation’ means any note, bond, debenture, or other 
debt obligation issued by an obligor in connection 
with the financing of a project, other than a Federal 
credit instrument. 
‘‘(13) RATING AGENCY.—The term ‘rating agen-
cy’ means a credit rating agency registered with the 
Securities and Exchange Commission as a nationally
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† HR 4348 EAS 
recognized statistical rating organization (as that 
term is defined in section 3(a) of the Securities Ex-
change Act of 1934 (15 U.S.C. 78c(a))). 
‘‘(14) RURAL INFRASTRUCTURE PROJECT.—The 
term ‘rural infrastructure project’ means a surface 
transportation infrastructure project either— 
‘‘(A) located in any area other than an ur-
banized area that has a population of greater 
than 250,000 inhabitants; or 
‘‘(B) connects a rural area to a city with a 
population of less than 250,000 inhabitants 
within the city limits. 
‘‘(15) SECURED LOAN.—The term ‘secured loan’ 
means a direct loan or other debt obligation issued by 
an obligor and funded by the Secretary in connection 
with the financing of a project under section 603. 
‘‘(16) STATE.—The term ‘State’ has the meaning 
given the term in section 101. 
‘‘(17) SUBSIDY
AMOUNT.—The term ‘subsidy 
amount’ means the amount of budget authority suffi-
cient to cover the estimated long-term cost to the Fed-
eral Government of a Federal credit instrument, cal-
culated on a net present value basis, excluding ad-
ministrative costs and any incidental effects on gov-
ernmental receipts or outlays in accordance with the
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† HR 4348 EAS 
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et 
seq.). 
‘‘(18) SUBSTANTIAL
COMPLETION.—The term 
‘substantial completion’ means— 
‘‘(A) the opening of a project to vehicular or 
passenger traffic; or 
‘‘(B) a comparable event, as determined by 
the Secretary and specified in the credit agree-
ment. 
‘‘(19) TIFIA PROGRAM.—The term ‘TIFIA pro-
gram’ means the transportation infrastructure fi-
nance and innovation program of the Department. 
‘‘(20) CONTINGENT
COMMITMENT.—The term 
‘contingent commitment’ means a commitment to ob-
ligate an amount from future available budget au-
thority that is— 
‘‘(A) contingent upon those funds being 
made available in law at a future date; and 
‘‘(B) not an obligation of the Federal Gov-
ernment. 
‘‘(b) TREATMENT OF CHAPTER.—For purposes of this 
title, this chapter shall be treated as being part of chapter 
1.
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† HR 4348 EAS 
‘‘§ 602. Determination of eligibility and project selec-
tion 
‘‘(a) ELIGIBILITY.—A project shall be eligible to receive 
credit assistance under this chapter if the entity proposing 
to carry out the project submits a letter of interest prior 
to submission of a formal application for the project, and 
the project meets the following criteria: 
‘‘(1) CREDITWORTHINESS.— 
‘‘(A) IN GENERAL.—The project shall satisfy 
applicable creditworthiness standards, which, at 
a minimum, includes— 
‘‘(i) a rate covenant, if applicable; 
‘‘(ii) adequate coverage requirements to 
ensure repayment; 
‘‘(iii) an investment grade rating from 
at least 2 rating agencies on debt senior to 
the Federal credit instrument; and 
‘‘(iv) a rating from at least 2 rating 
agencies on the Federal credit instrument, 
subject to the condition that, with respect to 
clause (iii), if the senior debt and Federal 
credit instrument is for an amount less 
than $75,000,000 or for a rural infrastruc-
ture project or intelligent transportation 
systems project, 1 rating agency opinion for
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† HR 4348 EAS 
each of the senior debt and Federal credit 
instrument shall be sufficient. 
‘‘(B) SENIOR DEBT.—Notwithstanding sub-
paragraph (A), in a case in which the Federal 
credit instrument is the senior debt, the Federal 
credit instrument shall be required to receive an 
investment grade rating from at least 2 rating 
agencies, unless the credit instrument is for a 
rural infrastructure project or intelligent trans-
portation systems project, in which case 1 rating 
agency opinion shall be sufficient. 
‘‘(2) INCLUSION IN TRANSPORTATION PLANS AND 
PROGRAMS.—The project shall satisfy the applicable 
planning and programming requirements of sections 
134 and 135 at such time as an agreement to make 
available a Federal credit instrument is entered into 
under this chapter. 
‘‘(3) APPLICATION.—A State, local government, 
public authority, public-private partnership, or any 
other legal entity undertaking the project and author-
ized by the Secretary, shall submit a project applica-
tion acceptable to the Secretary. 
‘‘(4) ELIGIBLE PROJECT COSTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), to be eligible for assistance
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† HR 4348 EAS 
under this chapter, a project shall have eligible 
project costs that are reasonably anticipated to 
equal or exceed the lesser of— 
‘‘(i)(I) $50,000,000; or 
‘‘(II) in the case of a rural infrastruc-
ture project, $25,000,000; or 
‘‘(ii) 331⁄3 percent of the amount of 
Federal highway assistance funds appor-
tioned for the most recently completed fiscal 
year to the State in which the project is lo-
cated. 
‘‘(B) INTELLIGENT
TRANSPORTATION
SYS-
TEM PROJECTS.—In the case of a project prin-
cipally involving the installation of an intel-
ligent transportation system, eligible project costs 
shall be reasonably anticipated to equal or exceed 
$15,000,000. 
‘‘(5) DEDICATED REVENUE SOURCES.—The Fed-
eral credit instrument shall be repayable, in whole or 
in part, from tolls, user fees, or other dedicated rev-
enue sources that also secure the project obligations. 
‘‘(6) PUBLIC
SPONSORSHIP
OF
PRIVATE
ENTI-
TIES.—In the case of a project that is undertaken by 
an entity that is not a State or local government or 
an agency or instrumentality of a State or local gov-
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† HR 4348 EAS 
ernment, the project that the entity is undertaking 
shall be publicly sponsored as provided in paragraph 
(2). 
‘‘(b) SELECTION AMONG ELIGIBLE PROJECTS.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a rolling application process in which projects 
that are eligible to receive credit assistance under sub-
section (a) shall receive credit assistance on terms ac-
ceptable to the Secretary, if adequate funds are avail-
able to cover the subsidy costs associated with the 
Federal credit instrument. 
‘‘(2) ADEQUATE FUNDING NOT AVAILABLE.— 
‘‘If the Secretary fully obligates funding to 
eligible projects in a given fiscal year, and ade-
quate funding is not available to fund a credit 
instrument, a project sponsor of an eligible 
project may elect to enter into a master credit 
agreement and wait until the following fiscal 
year or until additional funds are available to 
receive credit assistance. 
‘‘(3) PRELIMINARY RATING OPINION LETTER.— 
The Secretary shall require each project applicant to 
provide a preliminary rating opinion letter from at 
least 1 rating agency—
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† HR 4348 EAS 
‘‘(A) indicating that the senior obligations 
of the project, which may be the Federal credit 
instrument, have the potential to achieve an in-
vestment-grade rating; and 
‘‘(B) including a preliminary rating opin-
ion on the Federal credit instrument. 
‘‘(c) FEDERAL REQUIREMENTS.— 
‘‘(1) IN GENERAL.—In addition to the require-
ments of this title for highway projects, chapter 53 of 
title 49 for transit projects, and section 5333(a) of 
title 49 for rail projects, the following provisions of 
law shall apply to funds made available under this 
chapter and projects assisted with the funds: 
‘‘(A) Title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d et seq.). 
‘‘(B) The National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(C) The Uniform Relocation Assistance 
and Real Property Acquisition Policies Act of 
1970 (42 U.S.C. 4601 et seq.). 
‘‘(2) NEPA.—No funding shall be obligated for 
a project that has not received an environmental Cat-
egorical Exclusion, Finding of No Significant Im-
pact, or Record of Decision under the National Envi-
579 
† HR 4348 EAS 
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
‘‘§ 603. Secured loans 
‘‘(a) IN GENERAL.— 
‘‘(1) AGREEMENTS.—Subject to paragraphs (2) 
through (4), the Secretary may enter into agreements 
with 1 or more obligors to make secured loans, the 
proceeds of which shall be used— 
‘‘(A) to finance eligible project costs of any 
project selected under section 602; 
‘‘(B) to refinance interim construction fi-
nancing of eligible project costs of any project se-
lected under section 602; 
‘‘(C) to refinance existing loan agreements 
for rural infrastructure projects; or 
‘‘(D) to refinance long-term project obliga-
tions or Federal credit instruments if the refi-
nancing provides additional funding capacity 
for the completion, enhancement, or expansion of 
any project that— 
‘‘(i) is selected under section 602; or 
‘‘(ii) otherwise meets the requirements 
of section 602. 
‘‘(2) LIMITATION ON REFINANCING OF INTERIM 
CONSTRUCTION FINANCING.—A loan under paragraph
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† HR 4348 EAS 
(1) shall not refinance interim construction financing 
under paragraph (1)(B) later than 1 year after the 
date of substantial completion of the project. 
‘‘(3) RISK
ASSESSMENT.—Before entering into 
an agreement under this subsection, the Secretary, in 
consultation with the Director of the Office of Man-
agement and Budget, shall determine an appropriate 
capital reserve subsidy amount for each secured loan, 
taking into account each rating letter provided by an 
agency under section 602(b)(3)(B). 
‘‘(b) TERMS AND LIMITATIONS.— 
‘‘(1) IN GENERAL.—A secured loan under this 
section with respect to a project shall be on such terms 
and conditions and contain such covenants, represen-
tations, warranties, and requirements (including re-
quirements for audits) as the Secretary determines 
appropriate. 
‘‘(2) MAXIMUM AMOUNT.—The amount of the se-
cured loan shall not exceed the lesser of 49 percent of 
the reasonably anticipated eligible project costs or, if 
the secured loan does not receive an investment grade 
rating, the amount of the senior project obligations. 
‘‘(3) PAYMENT.—The secured loan— 
‘‘(A) shall—
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† HR 4348 EAS 
‘‘(i) be payable, in whole or in part, 
from tolls, user fees, or other dedicated rev-
enue sources that also secure the senior 
project obligations; and 
‘‘(ii) include a rate covenant, coverage 
requirement, or similar security feature 
supporting the project obligations; and 
‘‘(B) may have a lien on revenues described 
in subparagraph (A) subject to any lien securing 
project obligations. 
‘‘(4) INTEREST RATE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), the interest rate on 
the secured loan shall be not less than the yield 
on United States Treasury securities of a similar 
maturity to the maturity of the secured loan on 
the date of execution of the loan agreement. 
‘‘(B) 
RURAL
INFRASTRUCTURE 
PROJECTS.—A loan offered to a rural infrastruc-
ture project under this chapter shall be at 1⁄2 of 
the Treasury Rate. 
‘‘(C) 
LIMITED
BUYDOWNS.—A 
limited 
buydown is subject to the following conditions:
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† HR 4348 EAS 
‘‘(i) The interest rate under the agree-
ment may not be lowered by more than the 
lower of— 
‘‘(I) 11⁄2 percentage points (150 
basis points); or 
‘‘(II) the amount of the increase 
in the interest rate. 
‘‘(ii) The Secretary may pay up to 50 
percent of the cost of the limited buydown, 
and the obligor shall pay the balance of the 
cost of the limited buydown. 
‘‘(iii) Not more than 5 percent of the 
funding made available annually to carry 
out this chapter may be used to carry out 
limited buydowns. 
‘‘(5) MATURITY DATE.—The final maturity date 
of the secured loan shall be the lesser of— 
‘‘(A) 35 years after the date of substantial 
completion of the project; or 
‘‘(B) if the useful life of the capital asset 
being financed is of a lesser period, the useful life 
of the asset. 
‘‘(6) NONSUBORDINATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the secured loan shall not be
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† HR 4348 EAS 
subordinated to the claims of any holder of 
project obligations in the event of bankruptcy, 
insolvency, or liquidation of the obligor. 
‘‘(B) PRE-EXISTING INDENTURE.— 
‘‘(i) IN GENERAL.—The Secretary shall 
waive subparagraph (A) for public agency 
borrowers that are financing ongoing cap-
ital programs and have outstanding senior 
bonds under a pre-existing indenture, if— 
‘‘(I) the secured loan is rated in 
the A-category or higher; 
‘‘(II) the secured loan is secured 
and payable from pledged revenues not 
affected by project performance, such 
as a tax-backed revenue pledge or a 
system-backed pledge of project reve-
nues; and 
‘‘(III) the TIFIA program share 
of eligible project costs is 33 percent or 
less. 
‘‘(ii) LIMITATION.—If the Secretary 
waives the nonsubordination requirement 
under this subparagraph— 
‘‘(I) the maximum credit subsidy 
that will be paid by the Federal Gov-
584 
† HR 4348 EAS 
ernment shall be limited to 10 percent 
of the principal amount of the secured 
loan; and 
‘‘(II) the obligor shall be respon-
sible for paying the remainder of the 
subsidy cost. 
‘‘(7) FEES.—The Secretary may establish fees at 
a level sufficient to cover all or a portion of the costs 
to the Federal Government of making a secured loan 
under this section. 
‘‘(8) NON-FEDERAL SHARE.—The proceeds of a 
secured loan under this chapter may be used for any 
non-Federal share of project costs required under this 
title or chapter 53 of title 49, if the loan is repayable 
from non-Federal funds. 
‘‘(9) MAXIMUM
FEDERAL
INVOLVEMENT.—The 
total Federal assistance provided on a project receiv-
ing a loan under this chapter shall not exceed 80 per-
cent of the total project cost. 
‘‘(c) REPAYMENT.— 
‘‘(1) SCHEDULE.—The Secretary shall establish 
a repayment schedule for each secured loan under this 
section based on the projected cash flow from project 
revenues and other repayment sources, and the useful 
life of the project.
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† HR 4348 EAS 
‘‘(2) COMMENCEMENT.—Scheduled loan repay-
ments of principal or interest on a secured loan under 
this section shall commence not later than 5 years 
after the date of substantial completion of the project. 
‘‘(3) DEFERRED PAYMENTS.— 
‘‘(A) AUTHORIZATION.—If, at any time 
after the date of substantial completion of the 
project, the project is unable to generate suffi-
cient revenues to pay the scheduled loan repay-
ments of principal and interest on the secured 
loan, the Secretary may, subject to subparagraph 
(C), allow the obligor to add unpaid principal 
and interest to the outstanding balance of the se-
cured loan. 
‘‘(B) INTEREST.—Any payment deferred 
under subparagraph (A) shall— 
‘‘(i) continue to accrue interest in ac-
cordance with subsection (b)(4) until fully 
repaid; and 
‘‘(ii) be scheduled to be amortized over 
the remaining term of the loan. 
‘‘(C) CRITERIA.— 
‘‘(i) IN GENERAL.—Any payment de-
ferral under subparagraph (A) shall be con-
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† HR 4348 EAS 
tingent on the project meeting criteria es-
tablished by the Secretary. 
‘‘(ii) REPAYMENT
STANDARDS.—The 
criteria established under clause (i) shall 
include standards for reasonable assurance 
of repayment. 
‘‘(4) PREPAYMENT.— 
‘‘(A) USE OF EXCESS REVENUES.—Any ex-
cess revenues that remain after satisfying sched-
uled debt service requirements on the project obli-
gations and secured loan and all deposit require-
ments under the terms of any trust agreement, 
bond resolution, or similar agreement securing 
project obligations may be applied annually to 
prepay the secured loan without penalty. 
‘‘(B) 
USE
OF
PROCEEDS
OF
REFI-
NANCING.—The secured loan may be prepaid at 
any time without penalty from the proceeds of 
refinancing from non-Federal funding sources. 
‘‘(d) SALE OF SECURED LOANS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), as 
soon as practicable after substantial completion of a 
project and after notifying the obligor, the Secretary 
may sell to another entity or reoffer into the capital 
markets a secured loan for the project if the Secretary
587 
† HR 4348 EAS 
determines that the sale or reoffering can be made on 
favorable terms. 
‘‘(2) CONSENT OF OBLIGOR.—In making a sale 
or reoffering under paragraph (1), the Secretary may 
not change the original terms and conditions of the 
secured loan without the written consent of the obli-
gor. 
‘‘(e) LOAN GUARANTEES.— 
‘‘(1) IN GENERAL.—The Secretary may provide 
a loan guarantee to a lender in lieu of making a se-
cured loan if the Secretary determines that the budg-
etary cost of the loan guarantee is substantially the 
same as that of a secured loan. 
‘‘(2) TERMS.—The terms of a guaranteed loan 
shall be consistent with the terms set forth in this sec-
tion for a secured loan, except that the rate on the 
guaranteed loan and any prepayment features shall 
be negotiated between the obligor and the lender, with 
the consent of the Secretary. 
‘‘§ 604. Lines of credit 
‘‘(a) IN GENERAL.— 
‘‘(1) AGREEMENTS.—Subject to paragraphs (2) 
through (4), the Secretary may enter into agreements 
to make available lines of credit to 1 or more obligors 
in the form of direct loans to be made by the Sec-
588 
† HR 4348 EAS 
retary at future dates on the occurrence of certain 
events for any project selected under section 602. 
‘‘(2) USE OF PROCEEDS.—The proceeds of a line 
of credit made available under this section shall be 
available to pay debt service on project obligations 
issued to finance eligible project costs, extraordinary 
repair and replacement costs, operation and mainte-
nance expenses, and costs associated with unexpected 
Federal or State environmental restrictions. 
‘‘(3) RISK
ASSESSMENT.—Before entering into 
an agreement under this subsection, the Secretary, in 
consultation with the Director of the Office of Man-
agement and Budget and each rating agency pro-
viding a preliminary rating opinion letter under sec-
tion 602(b)(3), shall determine an appropriate cap-
ital reserve subsidy amount for each line of credit, 
taking into account the rating opinion letter. 
‘‘(4) 
INVESTMENT-GRADE
RATING
REQUIRE-
MENT.—The funding of a line of credit under this sec-
tion shall be contingent on the senior obligations of 
the project receiving an investment-grade rating from 
2 rating agencies. 
‘‘(b) TERMS AND LIMITATIONS.— 
‘‘(1) IN GENERAL.—A line of credit under this 
section with respect to a project shall be on such terms
589 
† HR 4348 EAS 
and conditions and contain such covenants, represen-
tations, warranties, and requirements (including re-
quirements for audits) as the Secretary determines 
appropriate. 
‘‘(2) MAXIMUM AMOUNTS.—The total amount of 
the line of credit shall not exceed 33 percent of the 
reasonably anticipated eligible project costs. 
‘‘(3) DRAWS.—Any draw on the line of credit 
shall represent a direct loan and shall be made only 
if net revenues from the project (including capitalized 
interest but not including reasonably required financ-
ing reserves) are insufficient to pay the costs specified 
in subsection (a)(2). 
‘‘(4) INTEREST RATE.—Except as otherwise pro-
vided in subparagraphs (B) and (C) of section 
603(b)(4), the interest rate on a direct loan resulting 
from a draw on the line of credit shall be not less 
than the yield on 30-year United States Treasury se-
curities as of the date of execution of the line of credit 
agreement. 
‘‘(5) SECURITY.—The line of credit— 
‘‘(A) shall— 
‘‘(i) be payable, in whole or in part, 
from tolls, user fees, or other dedicated rev-
590 
† HR 4348 EAS 
enue sources that also secure the senior 
project obligations; and 
‘‘(ii) include a rate covenant, coverage 
requirement, or similar security feature 
supporting the project obligations; and 
‘‘(B) may have a lien on revenues described 
in subparagraph (A) subject to any lien securing 
project obligations. 
‘‘(6) PERIOD OF AVAILABILITY.—The full amount 
of the line of credit, to the extent not drawn upon, 
shall be available during the period beginning on the 
date of substantial completion of the project and end-
ing not later than 10 years after that date. 
‘‘(7) RIGHTS OF THIRD-PARTY CREDITORS.— 
‘‘(A) AGAINST FEDERAL GOVERNMENT.—A 
third-party creditor of the obligor shall not have 
any right against the Federal Government with 
respect to any draw on the line of credit. 
‘‘(B) ASSIGNMENT.—An obligor may assign 
the line of credit to 1 or more lenders or to a 
trustee on the behalf of the lenders. 
‘‘(8) NONSUBORDINATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), a direct loan under 
this section shall not be subordinated to the
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† HR 4348 EAS 
claims of any holder of project obligations in the 
event of bankruptcy, insolvency, or liquidation of 
the obligor. 
‘‘(B) PRE-EXISTING INDENTURE.— 
‘‘(i) IN GENERAL.—The Secretary shall 
waive subparagraph (A) for public agency 
borrowers that are financing ongoing cap-
ital programs and have outstanding senior 
bonds under a pre-existing indenture, if— 
‘‘(I) the line of credit is rated in 
the A-category or higher; 
‘‘(II) the TIFIA program loan re-
sulting from a draw on the line of 
credit is payable from pledged revenues 
not affected by project performance, 
such as a tax-backed revenue pledge or 
a system-backed pledge of project reve-
nues; and 
‘‘(III) the TIFIA program share 
of eligible project costs is 33 percent or 
less. 
‘‘(ii) LIMITATION.—If the Secretary 
waives the nonsubordination requirement 
under this subparagraph—
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† HR 4348 EAS 
‘‘(I) the maximum credit subsidy 
that will be paid by the Federal Gov-
ernment shall be limited to 10 percent 
of the principal amount of the secured 
loan; and 
‘‘(II) the obligor shall be respon-
sible for paying the remainder of the 
subsidy cost. 
‘‘(9) FEES.—The Secretary may establish fees at 
a level sufficient to cover all or a portion of the costs 
to the Federal Government of providing a line of cred-
it under this section. 
‘‘(10) RELATIONSHIP TO OTHER CREDIT INSTRU-
MENTS.—A project that receives a line of credit under 
this section shall not also receive a secured loan or 
loan guarantee under section 603 in an amount that, 
combined with the amount of the line of credit, ex-
ceeds 49 percent of eligible project costs. 
‘‘(c) REPAYMENT.— 
‘‘(1) TERMS
AND
CONDITIONS.—The Secretary 
shall establish repayment terms and conditions for 
each direct loan under this section based on the pro-
jected cash flow from project revenues and other re-
payment sources, and the useful life of the asset being 
financed.
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† HR 4348 EAS 
‘‘(2) TIMING.—All repayments of principal or 
interest on a direct loan under this section shall be 
scheduled to commence not later than 5 years after 
the end of the period of availability specified in sub-
section (b)(6) and to conclude, with full repayment of 
principal and interest, by the date that is 25 years 
after the end of the period of availability specified in 
subsection (b)(6). 
‘‘§ 605. Program administration 
‘‘(a) REQUIREMENT.—The Secretary shall establish a 
uniform system to service the Federal credit instruments 
made available under this chapter. 
‘‘(b) FEES.—The Secretary may collect and spend fees, 
contingent upon authority being provided in appropria-
tions Acts, at a level that is sufficient to cover— 
‘‘(1) the costs of services of expert firms retained 
pursuant to subsection (d); and 
‘‘(2) all or a portion of the costs to the Federal 
Government of servicing the Federal credit instru-
ments. 
‘‘(c) SERVICER.— 
‘‘(1) IN GENERAL.—The Secretary may appoint 
a financial entity to assist the Secretary in servicing 
the Federal credit instruments.
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† HR 4348 EAS 
‘‘(2) DUTIES.—The servicer shall act as the 
agent for the Secretary. 
‘‘(3) FEE.—The servicer shall receive a servicing 
fee, subject to approval by the Secretary. 
‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Sec-
retary may retain the services of expert firms, including 
counsel, in the field of municipal and project finance to 
assist in the underwriting and servicing of Federal credit 
instruments. 
‘‘§ 606. State and local permits 
‘‘The provision of credit assistance under this chapter 
with respect to a project shall not— 
‘‘(1) relieve any recipient of the assistance of any 
obligation to obtain any required State or local per-
mit or approval with respect to the project; 
‘‘(2) limit the right of any unit of State or local 
government to approve or regulate any rate of return 
on private equity invested in the project; or 
‘‘(3) otherwise supersede any State or local law 
(including any regulation) applicable to the construc-
tion or operation of the project. 
‘‘§ 607. Regulations 
‘‘The Secretary may promulgate such regulations as 
the Secretary determines appropriate to carry out this 
chapter.
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† HR 4348 EAS 
‘‘§ 608. Funding 
‘‘(a) FUNDING.— 
‘‘(1) SPENDING AND BORROWING AUTHORITY.— 
Spending and borrowing authority for a fiscal year 
to enter into Federal credit instruments shall be 
promptly apportioned to the Secretary on a fiscal 
year basis. 
‘‘(2) REESTIMATES.—When the estimated cost of 
a loan or loans is reestimated, the cost of the reesti-
mate shall be borne by or benefit the general fund of 
the Treasury, consistent with section 661c(f) of title 
2, United States Code. 
‘‘(3) RURAL SET-ASIDE.— 
‘‘(A) IN GENERAL.—Of the total amount of 
funds made available to carry out this chapter 
for each fiscal year, 10 percent shall be set aside 
for rural infrastructure projects. 
‘‘(B) REOBLIGATION.—Any amounts set 
aside under subparagraph (A) that remain unob-
ligated by June 1 of the fiscal year for which the 
amounts were set aside shall be available for ob-
ligation by the Secretary on projects other than 
rural infrastructure projects. 
‘‘(4) REDISTRIBUTION
OF
AUTHORIZED
FUND-
ING.—
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† HR 4348 EAS 
‘‘(A) IN GENERAL.—Beginning in the sec-
ond fiscal year after the date of enactment of this 
paragraph, on August 1 of that fiscal year, and 
each fiscal year thereafter, if the unobligated and 
uncommitted balance of funding available ex-
ceeds 150 percent of the amount made available 
to carry out this chapter for that fiscal year, the 
Secretary shall distribute to the States the 
amount of funds and associated obligation au-
thority in excess of that amount. 
‘‘(B) DISTRIBUTION.—The amounts and ob-
ligation authority distributed under this para-
graph shall be distributed, in the same manner 
as obligation authority is distributed to the 
States for the fiscal year, based on the propor-
tion that— 
‘‘(i) the relative share of each State of 
obligation authority for the fiscal year; 
bears to 
‘‘(ii) the total amount of obligation au-
thority distributed to all States for the fis-
cal year. 
‘‘(C) PURPOSE.—Funds distributed under 
subparagraph (B) shall be available for any pur-
pose described in section 133(c).
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† HR 4348 EAS 
‘‘(5) AVAILABILITY.—Amounts made available to 
carry out this chapter shall remain available until ex-
pended. 
‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts 
made available to carry out this chapter, the Sec-
retary may use not more than 1 percent for each fis-
cal year for the administration of this chapter. 
‘‘(b) CONTRACT AUTHORITY.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, execution of a term sheet by the Sec-
retary of a Federal credit instrument that uses 
amounts made available under this chapter shall im-
pose on the United States a contractual obligation to 
fund the Federal credit investment. 
‘‘(2) AVAILABILITY.—Amounts made available to 
carry out this chapter for a fiscal year shall be avail-
able for obligation on October 1 of the fiscal year. 
‘‘§ 609. Reports to Congress 
‘‘On June 1, 2012, and every 2 years thereafter, the 
Secretary shall submit to Congress a report summarizing 
the financial performance of the projects that are receiving, 
or have received, assistance under this chapter (other than 
section 610), including a recommendation as to whether the 
objectives of this chapter (other than section 610) are best 
served—
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† HR 4348 EAS 
‘‘(1) by continuing the program under the au-
thority of the Secretary; 
‘‘(2) by establishing a Federal corporation or 
federally sponsored enterprise to administer the pro-
gram; or 
‘‘(3) by phasing out the program and relying on 
the capital markets to fund the types of infrastructure 
investments assisted by this chapter (other than sec-
tion 610) without Federal participation.’’. 
SEC. 2003. STATE INFRASTRUCTURE BANKS. 
Section 610(d)(1)(A) of title 23, United States Code, 
is amended by striking ‘‘sections 104(b)(1)’’ and all that 
follows though the semicolon and inserting ‘‘paragraphs (1) 
and (2) of section 104(b)’’. 
TITLE III—HIGHWAY SPENDING 
CONTROLS 
SEC. 3001. HIGHWAY SPENDING CONTROLS. 
(a) IN GENERAL.—Title 23, United States Code, is 
amended by adding at the end the following: 
CHAPTER 7—HIGHWAY SPENDING CONTROLS 
Sec. 
701. Solvency of Highway Account of the Highway Trust Fund. 
‘‘SEC. 701. SOLVENCY OF HIGHWAY ACCOUNT OF THE HIGH-
WAY TRUST FUND. 
‘‘(a) SOLVENCY CALCULATION
FOR FISCAL YEAR 
2012.—
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† HR 4348 EAS 
‘‘(1) ADJUSTMENT
OF
OBLIGATION
LIMITA-
TION.—Not later than 60 days after the date of enact-
ment of the MAP–21, the Secretary, in consultation 
with the Secretary of Treasury, shall: 
‘‘(A) Estimate the balance of the Highway 
Trust Fund (other than the Mass Transit Ac-
count) at the end of fiscal years 2012 and 2013. 
For purposes of which estimation, the Secretary 
shall assume that the obligation limitation on 
Federal-aid highways and highway safety con-
struction programs will be equal to the obliga-
tion limitations enacted for those fiscal years in 
the MAP–21. 
‘‘(B) Determine if the estimated balance of 
the Highway Trust Fund (other than the Mass 
Transit Account) would fall below— 
‘‘(i) $2,000,000,000 at the end of fiscal 
year 2012; or 
‘‘(ii) $1,000,000,000 at the end of fiscal 
year 2013. 
‘‘(C) If either of the conditions in subpara-
graph (B) would occur, calculate the amount by 
which the fiscal year 2012 obligation limitation 
must be reduced to prevent such occurrence. For 
purposes of this calculation, the Secretary shall
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† HR 4348 EAS 
assume that the obligation limitation on Fed-
eral-aid highways and highway safety construc-
tion programs for the fiscal year 2013 will be 
equal to the obligation limitation for fiscal year 
2012, as reduced pursuant to this subparagraph. 
‘‘(D) Adjust the distribution of the fiscal 
year 2012 obligation limitation to reflect any re-
duction determined under subparagraph (C). 
‘‘(2) LAPSE AND RESCISSION.— 
‘‘(A) LAPSE OF OBLIGATION LIMITATION.— 
Any obligation limitation that is withdrawn by 
the Secretary pursuant to paragraph (1)(D) 
shall lapse immediately following the adjustment 
of obligation limitation under such paragraph. 
‘‘(B) RESCISSION
OF
CONTRACT
AUTHOR-
ITY.—Upon the lapse of any obligation limita-
tion under subparagraph (A), the Secretary shall 
reduce proportionately the amount authorized to 
be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account) for fiscal 
year 2012 to carry out each of the Federal-aid 
highway and highway safety construction pro-
grams (other than emergency relief and funds 
under the national highway performance pro-
gram that are exempt from the fiscal year 2012
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obligation limitation) by an aggregate amount 
equal to the amount of adjustment determined 
pursuant to paragraph (1)(D). The amounts 
withdrawn pursuant to this subparagraph are 
permanently rescinded. 
‘‘(b) SOLVENCY CALCULATION FOR FISCAL YEAR 2013 
AND FISCAL YEARS THEREAFTER.— 
‘‘(1) ADJUSTMENT
OF
OBLIGATION
LIMITA-
TION.—Except as provided in paragraph (2), in dis-
tributing the obligation limitation on Federal-aid 
highways and highway safety construction programs 
for fiscal year 2013 and each fiscal year thereafter, 
the Secretary shall— 
‘‘(A) estimate the balance of the Highway 
Trust Fund (other than the Mass Transit Ac-
count) at the end of such fiscal year and the end 
of the next fiscal year, for purposes of which esti-
mation, the Secretary shall assume that the obli-
gation limitation on Federal-aid highways and 
highway safety construction programs for the 
next fiscal year will be equal to the obligation 
limitation enacted for the fiscal year for which 
the limitation is being distributed; 
‘‘(B) determine whether the estimated bal-
ance of the Highway Trust Fund (other than the
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Mass 
Transit 
Account) 
would 
fall 
below 
$2,000,000,000 at the end of the fiscal year for 
which the obligation limitation is being distrib-
uted; 
‘‘(C) if the condition in subparagraph (B) 
would occur, calculate the amount by which the 
obligation limitation in the fiscal year for which 
the obligation limitation is being distributed 
must be reduced to prevent that occurrence; and 
‘‘(D) distribute such obligation limitation 
less any amount determined under subparagraph 
(C). 
‘‘(2) LAPSE AND RESCISSION.— 
‘‘(A) OBLIGATION LIMITATION.— 
‘‘(i) RECALCULATION.—In a fiscal 
year in which the Secretary withholds obli-
gation limitation based on the calculation 
under paragraph (1), the Secretary shall, 
on March 1 of such fiscal year, repeat the 
calculations 
under 
subparagraphs 
(A) 
through (C) of such paragraph. Based on 
the results of those calculations, the Sec-
retary shall— 
‘‘(I) if the Secretary determines 
that either of the conditions in para-
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graph (1)(B) would occur, withdraw 
an additional amount of obligation 
limitation necessary to prevent such 
occurrence; or 
‘‘(II) distribute as much of the 
withheld obligation limitation as may 
be distributed without causing either of 
the conditions specified in paragraph 
(1)(B) to occur. 
‘‘(ii) LAPSE.—Any obligation limita-
tion that is enacted for a fiscal year, with-
held from distribution pursuant to para-
graph (1)(D) (or withdrawn under clause 
(i)(I)), and not subsequently distributed 
under clause (i)(II) shall lapse immediately 
following the distribution of obligation limi-
tation under such clause. 
‘‘(B) CONTRACT AUTHORITY.— 
‘‘(i) IN GENERAL.—Upon the lapse of 
any obligation limitation under subpara-
graph (A)(ii), an equal amount of the unob-
ligated 
balances 
of 
funds 
apportioned 
among the States under chapter 1 and sec-
tions 
1116, 
1303, 
and 
1404 
of 
the 
SAFETEA–LU (119 Stat. 1177, 1207, and
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1228) are permanently rescinded. In ad-
ministering the rescission required under 
this clause, the Secretary shall allow each 
State to determine the amount of the re-
quired rescission to be drawn from the pro-
grams to which the rescission applies, except 
as provided in clause (ii). 
‘‘(ii) RESCISSION
OF
FUNDS
APPOR-
TIONED IN FISCAL YEAR 2013 AND FISCAL 
YEARS THEREAFTER.—If a State determines 
that it will meet any of its required rescis-
sion amount from funds apportioned to 
such State on or subsequent to October 1, 
2012, the Secretary shall determine the 
amount to be rescinded from each of the 
programs subject to the rescission for which 
the State was apportioned funds on or sub-
sequent to October 1, 2012, in proportion to 
the cumulative amount of apportionments 
that the State received for each such pro-
gram on or subsequent to October 1, 2012. 
‘‘(3) OTHER
ACTIONS
TO
PREVENT
INSOL-
VENCY.—The Secretary shall issue a regulation to es-
tablish any actions in addition to those described in 
subsection (a) and paragraph (1) that may be taken
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by the Secretary if it becomes apparent that the 
Highway Trust Fund (other than the Mass Transit 
Account) will become insolvent, including the denial 
of further obligations. 
‘‘(4) APPLICABLE ONLY TO FULL-YEAR LIMITA-
TION.—The requirements of paragraph (1) apply only 
to the distribution of a full-year obligation limitation 
and do not apply to partial-year limitations under 
continuing appropriations Acts.’’. 
(b) TABLE OF CHAPTERS.—The table of chapters for 
title 23, United States Code, is amended by inserting after 
the item relating to chapter 6 the following: 
‘‘7. Highway Spending Controls ....................................................................
701’’. 
DIVISION B—PUBLIC 
TRANSPORTATION 
SEC. 20001. SHORT TITLE. 
This division may be cited as the ‘‘Federal Public 
Transportation Act of 2012’’. 
SEC. 20002. REPEALS. 
(a) CHAPTER 53.—Chapter 53 of title 49, United 
States Code, is amended by striking sections 5316, 5317, 
5321, 5324, 5328, and 5339. 
(b) TRANSPORTATION EQUITY ACT
FOR
THE 21ST 
CENTURY.—Section 3038 of the Transportation Equity Act 
for the 21st Century (49 U.S.C. 5310 note) is repealed.
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(c) SAFETEA–LU.—The following provisions are re-
pealed: 
(1) Section 3009(i) of SAFETEA–LU (Public 
Law 109–59; 119 Stat. 1572). 
(2) Section 3011(c) of SAFETEA–LU (49 
U.S.C. 5309 note). 
(3) Section 3012(b) of SAFETEA–LU (49 
U.S.C. 5310 note). 
(4) Section 3045 of SAFETEA–LU (49 U.S.C. 
5308 note). 
(5) Section 3046 of SAFETEA–LU (49 U.S.C. 
5338 note). 
SEC. 20003. POLICIES, PURPOSES, AND GOALS. 
Section 5301 of title 49, United States Code, is amend-
ed to read as follows: 
‘‘§ 5301. Policies, purposes, and goals 
‘‘(a) DECLARATION OF POLICY.—It is in the interest 
of the United States, including the economic interest of the 
United States, to foster the development and revitalization 
of public transportation systems. 
‘‘(b) GENERAL PURPOSES.—The purposes of this chap-
ter are to— 
‘‘(1) provide funding to support public transpor-
tation;
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‘‘(2) improve the development and delivery of 
capital projects; 
‘‘(3) initiate a new framework for improving the 
safety of public transportation systems; 
‘‘(4) establish standards for the state of good re-
pair of public transportation infrastructure and vehi-
cles; 
‘‘(5) promote continuing, cooperative, and com-
prehensive planning that improves the performance of 
the transportation network; 
‘‘(6) establish a technical assistance program to 
assist recipients under this chapter to more effectively 
and efficiently provide public transportation service; 
‘‘(7) continue Federal support for public trans-
portation providers to deliver high quality service to 
all users, including individuals with disabilities, sen-
iors, and individuals who depend on public transpor-
tation; 
‘‘(8) support research, development, demonstra-
tion, and deployment projects dedicated to assisting 
in the delivery of efficient and effective public trans-
portation service; and 
‘‘(9) promote the development of the public trans-
portation workforce.
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‘‘(c) NATIONAL GOALS.—The goals of this chapter are 
to— 
‘‘(1) increase the availability and accessibility of 
public transportation across a balanced, multimodal 
transportation network; 
‘‘(2) promote the environmental benefits of public 
transportation, including reduced reliance on fossil 
fuels, fewer harmful emissions, and lower public 
health expenditures; 
‘‘(3) improve the safety of public transportation 
systems; 
‘‘(4) achieve and maintain a state of good repair 
of public transportation infrastructure and vehicles; 
‘‘(5) provide an efficient and reliable alternative 
to congested roadways; 
‘‘(6) increase the affordability of transportation 
for all users; and 
‘‘(7) maximize economic development opportuni-
ties by— 
‘‘(A) connecting workers to jobs; 
‘‘(B) encouraging mixed-use, transit-ori-
ented development; and 
‘‘(C) leveraging private investment and 
joint development.’’.
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SEC. 20004. DEFINITIONS. 
Section 5302 of title 49, United States Code, is amend-
ed to read as follows: 
‘‘§ 5302. Definitions 
‘‘Except as otherwise specifically provided, in this 
chapter the following definitions apply: 
‘‘(1) ASSOCIATED TRANSIT IMPROVEMENT.—The 
term ‘associated transit improvement’ means, with re-
spect to any project or an area to be served by a 
project, projects that are designed to enhance public 
transportation service or use and that are physically 
or functionally related to transit facilities. Eligible 
projects are— 
‘‘(A) historic preservation, rehabilitation, 
and operation of historic public transportation 
buildings, structures, and facilities (including 
historic bus and railroad facilities) intended for 
use in public transportation service; 
‘‘(B) bus shelters; 
‘‘(C) landscaping and streetscaping, includ-
ing benches, trash receptacles, and street lights; 
‘‘(D) pedestrian access and walkways; 
‘‘(E) bicycle access, including bicycle stor-
age facilities and installing equipment for trans-
porting bicycles on public transportation vehi-
cles;
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‘‘(F) signage; or 
‘‘(G) enhanced access for persons with dis-
abilities to public transportation. 
‘‘(2) BUS
RAPID
TRANSIT
SYSTEM.—The term 
‘bus rapid transit system’ means a bus transit sys-
tem— 
‘‘(A) in which the majority of each line op-
erates in a separated right-of-way dedicated for 
public transportation use during peak periods; 
and 
‘‘(B) that includes features that emulate the 
services provided by rail fixed guideway public 
transportation systems, including— 
‘‘(i) defined stations; 
‘‘(ii) traffic signal priority for public 
transportation vehicles; 
‘‘(iii) short headway bidirectional serv-
ices for a substantial part of weekdays and 
weekend days; and 
‘‘(iv) any other features the Secretary 
may determine are necessary to produce 
high-quality public transportation services 
that emulate the services provided by rail 
fixed guideway public transportation sys-
tems.
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‘‘(3) CAPITAL
PROJECT.—The term ‘capital 
project’ means a project for— 
‘‘(A) acquiring, constructing, supervising, 
or inspecting equipment or a facility for use in 
public transportation, expenses incidental to the 
acquisition or construction (including designing, 
engineering, location surveying, mapping, and 
acquiring rights-of-way), payments for the cap-
ital portions of rail trackage rights agreements, 
transit-related intelligent transportation systems, 
relocation 
assistance, 
acquiring 
replacement 
housing sites, and acquiring, constructing, relo-
cating, and rehabilitating replacement housing; 
‘‘(B) rehabilitating a bus; 
‘‘(C) remanufacturing a bus; 
‘‘(D) overhauling rail rolling stock; 
‘‘(E) preventive maintenance; 
‘‘(F) leasing equipment or a facility for use 
in public transportation, subject to regulations 
that the Secretary prescribes limiting the leasing 
arrangements to those that are more cost-effective 
than purchase or construction; 
‘‘(G) a joint development improvement 
that—
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‘‘(i) enhances economic development or 
incorporates private investment, such as 
commercial and residential development; 
‘‘(ii)(I) enhances the effectiveness of 
public transportation and is related phys-
ically or functionally to public transpor-
tation; or 
‘‘(II) establishes new or enhanced co-
ordination between public transportation 
and other transportation; 
‘‘(iii) provides a fair share of revenue 
that will be used for public transportation; 
‘‘(iv) provides that a person making an 
agreement to occupy space in a facility con-
structed under this paragraph shall pay a 
fair share of the costs of the facility through 
rental payments and other means; 
‘‘(v) may include— 
‘‘(I) property acquisition; 
‘‘(II) demolition of existing struc-
tures; 
‘‘(III) site preparation; 
‘‘(IV) utilities; 
‘‘(V) building foundations; 
‘‘(VI) walkways;
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‘‘(VII) pedestrian and bicycle ac-
cess to a public transportation facility; 
‘‘(VIII) construction, renovation, 
and improvement of intercity bus and 
intercity rail stations and terminals; 
‘‘(IX) renovation and improve-
ment of historic transportation facili-
ties; 
‘‘(X) open space; 
‘‘(XI) safety and security equip-
ment and facilities (including lighting, 
surveillance, and related intelligent 
transportation system applications); 
‘‘(XII) facilities that incorporate 
community services such as daycare or 
health care; 
‘‘(XIII) a capital project for, and 
improving, equipment or a facility for 
an intermodal transfer facility or 
transportation mall; and 
‘‘(XIV) construction of space for 
commercial uses; and 
‘‘(vi) does not include outfitting of 
commercial space (other than an intercity 
bus or rail station or terminal) or a part
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† HR 4348 EAS 
of a public facility not related to public 
transportation; 
‘‘(H) the introduction of new technology, 
through innovative and improved products, into 
public transportation; 
‘‘(I) the provision of nonfixed route para-
transit transportation services in accordance 
with section 223 of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12143), but only for 
grant recipients that are in compliance with ap-
plicable requirements of that Act, including both 
fixed route and demand responsive service, and 
only for amounts not to exceed 10 percent of such 
recipient’s annual formula apportionment under 
sections 5307 and 5311; 
‘‘(J) establishing a debt service reserve, 
made up of deposits with a bondholder’s trustee, 
to ensure the timely payment of principal and 
interest on bonds issued by a grant recipient to 
finance an eligible project under this chapter; 
‘‘(K) mobility management— 
‘‘(i) consisting of short-range planning 
and management activities and projects for 
improving 
coordination 
among 
public 
transportation and other transportation
615 
† HR 4348 EAS 
service providers carried out by a recipient 
or subrecipient through an agreement en-
tered into with a person, including a gov-
ernmental entity, under this chapter (other 
than section 5309); but 
‘‘(ii) excluding operating public trans-
portation services; or 
‘‘(L) associated capital maintenance, in-
cluding— 
‘‘(i) equipment, tires, tubes, and mate-
rial, each costing at least .5 percent of the 
current fair market value of rolling stock 
comparable to the rolling stock for which the 
equipment, tires, tubes, and material are to 
be used; and 
‘‘(ii) reconstruction of equipment and 
material, each of which after reconstruction 
will have a fair market value of at least .5 
percent of the current fair market value of 
rolling stock comparable to the rolling stock 
for which the equipment and material will 
be used. 
‘‘(4) DESIGNATED RECIPIENT.—The term ‘des-
ignated recipient’ means—
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† HR 4348 EAS 
‘‘(A) an entity designated, in accordance 
with the planning process under sections 5303 
and 5304, by the Governor of a State, responsible 
local officials, and publicly owned operators of 
public transportation, to receive and apportion 
amounts under section 5336 to urbanized areas 
of 200,000 or more in population; or 
‘‘(B) a State or regional authority, if the 
authority is responsible under the laws of a 
State for a capital project and for financing and 
directly providing public transportation. 
‘‘(5) DISABILITY.—The term ‘disability’ has the 
same meaning as in section 3(1) of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12102). 
‘‘(6) 
EMERGENCY
REGULATION.—The 
term 
‘emergency regulation’ means a regulation— 
‘‘(A) that is effective temporarily before the 
expiration of the otherwise specified periods of 
time for public notice and comment under sec-
tion 5334(c); and 
‘‘(B) prescribed by the Secretary as the re-
sult of a finding that a delay in the effective date 
of the regulation— 
‘‘(i) would injure seriously an impor-
tant public interest;
617 
† HR 4348 EAS 
‘‘(ii) would frustrate substantially leg-
islative policy and intent; or 
‘‘(iii) would damage seriously a person 
or class without serving an important pub-
lic interest. 
‘‘(7) FIXED GUIDEWAY.—The term ‘fixed guide-
way’ means a public transportation facility— 
‘‘(A) using and occupying a separate right- 
of-way for the exclusive use of public transpor-
tation; 
‘‘(B) using rail; 
‘‘(C) using a fixed catenary system; 
‘‘(D) for a passenger ferry system; or 
‘‘(E) for a bus rapid transit system. 
‘‘(8) GOVERNOR.—The term ‘Governor’— 
‘‘(A) means the Governor of a State, the 
mayor of the District of Columbia, and the chief 
executive officer of a territory of the United 
States; and 
‘‘(B) includes the designee of the Governor. 
‘‘(9) LOCAL
GOVERNMENTAL
AUTHORITY.—The 
term ‘local governmental authority’ includes— 
‘‘(A) a political subdivision of a State; 
‘‘(B) an authority of at least 1 State or po-
litical subdivision of a State;
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† HR 4348 EAS 
‘‘(C) an Indian tribe; and 
‘‘(D) a public corporation, board, or com-
mission established under the laws of a State. 
‘‘(10) LOW-INCOME INDIVIDUAL.—The term ‘low- 
income individual’ means an individual whose family 
income is at or below 150 percent of the poverty line, 
as that term is defined in section 673(2) of the Com-
munity Services Block Grant Act (42 U.S.C. 
9902(2)), including any revision required by that sec-
tion, for a family of the size involved. 
‘‘(11) NET
PROJECT
COST.—The term ‘net 
project cost’ means the part of a project that reason-
ably cannot be financed from revenues. 
‘‘(12) NEW
BUS
MODEL.—The term ‘new bus 
model’ means a bus model (including a model using 
alternative fuel)— 
‘‘(A) that has not been used in public trans-
portation in the United States before the date of 
production of the model; or 
‘‘(B) used in public transportation in the 
United States, but being produced with a major 
change in configuration or components. 
‘‘(13) 
PUBLIC
TRANSPORTATION.—The 
term 
‘public transportation’—
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† HR 4348 EAS 
‘‘(A) means regular, continuing shared-ride 
surface transportation services that are open to 
the general public or open to a segment of the 
general public defined by age, disability, or low 
income; and 
‘‘(B) does not include— 
‘‘(i) intercity passenger rail transpor-
tation provided by the entity described in 
chapter 243 (or a successor to such entity); 
‘‘(ii) intercity bus service; 
‘‘(iii) charter bus service; 
‘‘(iv) school bus service; 
‘‘(v) sightseeing service; 
‘‘(vi) courtesy shuttle service for pa-
trons of one or more specific establishments; 
or 
‘‘(vii) intra-terminal or intra-facility 
shuttle services. 
‘‘(14) 
REGULATION.—The 
term 
‘regulation’ 
means any part of a statement of general or par-
ticular applicability of the Secretary designed to 
carry out, interpret, or prescribe law or policy in car-
rying out this chapter. 
‘‘(15) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Transportation.
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† HR 4348 EAS 
‘‘(16) SENIOR.—The term ‘senior’ means an in-
dividual who is 65 years of age or older. 
‘‘(17) STATE.—The term ‘State’ means a State 
of the United States, the District of Columbia, Puerto 
Rico, the Northern Mariana Islands, Guam, Amer-
ican Samoa, and the Virgin Islands. 
‘‘(18) STATE OF GOOD REPAIR.—The term ‘state 
of good repair’ has the meaning given that term by 
the Secretary, by rule, under section 5326(b). 
‘‘(19) TRANSIT.—The term ‘transit’ means pub-
lic transportation. 
‘‘(20) URBAN
AREA.—The term ‘urban area’ 
means an area that includes a municipality or other 
built-up place that the Secretary, after considering 
local patterns and trends of urban growth, decides is 
appropriate for a local public transportation system 
to serve individuals in the locality. 
‘‘(21) URBANIZED AREA.—The term ‘urbanized 
area’ means an area encompassing a population of 
not less than 50,000 people that has been defined and 
designated in the most recent decennial census as an 
‘urbanized area’ by the Secretary of Commerce.’’. 
SEC. 20005. METROPOLITAN TRANSPORTATION PLANNING. 
(a) IN GENERAL.—Section 5303 of title 49, United 
States Code, is amended to read as follows:
621 
† HR 4348 EAS 
‘‘§ 5303. Metropolitan transportation planning 
‘‘(a) POLICY.—It is in the national interest— 
‘‘(1) to encourage and promote the safe, cost-ef-
fective, and efficient management, operation, and de-
velopment of surface transportation systems that will 
serve efficiently the mobility needs of individuals and 
freight, reduce transportation-related fatalities and 
serious injuries, and foster economic growth and de-
velopment within and between States and urbanized 
areas, while fitting the needs and complexity of indi-
vidual communities, maximizing value for taxpayers, 
leveraging cooperative investments, and minimizing 
transportation-related fuel consumption and air pol-
lution through the metropolitan and statewide trans-
portation planning processes identified in this chap-
ter; 
‘‘(2) to encourage the continued improvement, 
evolution, and coordination of the metropolitan and 
statewide transportation planning processes by and 
among metropolitan planning organizations, State 
departments of transportation, regional planning or-
ganizations, interstate partnerships, and public 
transportation and intercity service operators as 
guided by the planning factors identified in sub-
section (h) of this section and section 5304(d);
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† HR 4348 EAS 
‘‘(3) to encourage and promote transportation 
needs and decisions that are integrated with other 
planning needs and priorities; and 
‘‘(4) to maximize the effectiveness of transpor-
tation investments. 
‘‘(b) DEFINITIONS.—In this section and section 5304, 
the following definitions shall apply: 
‘‘(1) EXISTING MPO.—The term ‘existing MPO’ 
means a metropolitan planning organization that 
was designated as a metropolitan planning organiza-
tion on the day before the date of enactment of the 
Federal Public Transportation Act of 2012. 
‘‘(2) LOCAL OFFICIAL.—The term ‘local official’ 
means any elected or appointed official of general 
purpose local government with responsibility for 
transportation in a designated area. 
‘‘(3) MAINTENANCE
AREA.—The term ‘mainte-
nance area’ means an area that was designated as an 
air quality nonattainment area, but was later redes-
ignated by the Administrator of the Environmental 
Protection Agency as an air quality attainment area, 
under section 107(d) of the Clean Air Act (42 U.S.C. 
7407(d)). 
‘‘(4) METROPOLITAN PLANNING AREA.—The term 
‘metropolitan planning area’ means a geographical
623 
† HR 4348 EAS 
area determined by agreement between the metropoli-
tan planning organization for the area and the appli-
cable Governor under subsection (c). 
‘‘(5) 
METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘metropolitan planning organiza-
tion’ means the policy board of an organization estab-
lished pursuant to subsection (c). 
‘‘(6) METROPOLITAN TRANSPORTATION PLAN.— 
The term ‘metropolitan transportation plan’ means a 
plan developed by a metropolitan planning organiza-
tion under subsection (i). 
‘‘(7) NONATTAINMENT
AREA.—The term ‘non-
attainment area’ has the meaning given the term in 
section 171 of the Clean Air Act (42 U.S.C. 7501). 
‘‘(8) NONMETROPOLITAN AREA.— 
‘‘(A) IN
GENERAL.—The term ‘nonmetro-
politan area’ means a geographical area outside 
the boundaries of a designated metropolitan 
planning area. 
‘‘(B) INCLUSIONS.—The term ‘nonmetro-
politan area’ includes— 
‘‘(i) a small urbanized area with a 
population of more than 50,000, but fewer 
than 200,000 individuals, as calculated ac-
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† HR 4348 EAS 
cording to the most recent decennial census; 
and 
‘‘(ii) a nonurbanized area. 
‘‘(9) NONMETROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘nonmetropolitan planning organi-
zation’ means an organization that— 
‘‘(A) was designated as a metropolitan 
planning organization as of the day before the 
date of enactment of the Federal Public Trans-
portation Act of 2012; and 
‘‘(B) is not designated as a tier I MPO or 
tier II MPO. 
‘‘(10) REGIONALLY SIGNIFICANT.—The term ‘re-
gionally significant’, with respect to a transportation 
project, program, service, or strategy, means a project, 
program, service, or strategy that— 
‘‘(A) serves regional transportation needs 
(such as access to and from the area outside of 
the region, major activity centers in the region, 
and major planned developments); and 
‘‘(B) would normally be included in the 
modeling of a transportation network of a metro-
politan area.
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† HR 4348 EAS 
‘‘(11) RURAL
PLANNING
ORGANIZATION.—The 
term ‘rural planning organization’ means an organi-
zation that— 
‘‘(A) is responsible for the planning, coordi-
nation, and implementation of statewide trans-
portation plans and programs outside of metro-
politan areas, with an emphasis on addressing 
the needs of rural areas of a State; 
‘‘(B) is not designated as a tier I MPO, a 
tier II MPO, or a nonmetropolitan planning or-
ganization. 
‘‘(12) STATEWIDE
TRANSPORTATION
IMPROVE-
MENT PROGRAM.—The term ‘statewide transportation 
improvement program’ means a statewide transpor-
tation improvement program developed by a State 
under section 5304(g). 
‘‘(13) STATEWIDE TRANSPORTATION PLAN.—The 
term ‘statewide transportation plan’ means a plan 
developed by a State under section 5304(f). 
‘‘(14) TIER
I
MPO.—The term ‘tier I MPO’ 
means a metropolitan planning organization des-
ignated as a tier I MPO under subsection (e)(4)(A). 
‘‘(15) TIER II MPO.—The term ‘tier II MPO’ 
means a metropolitan planning organization des-
ignated as a tier II MPO under subsection (e)(4)(B).
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† HR 4348 EAS 
‘‘(16) TRANSPORTATION
IMPROVEMENT
PRO-
GRAM.—The term ‘transportation improvement pro-
gram’ means a program developed by a metropolitan 
planning organization under subsection (j). 
‘‘(17) URBANIZED AREA.—The term ‘urbanized 
area’ means a geographical area with a population of 
50,000 or more individuals, as calculated according 
to the most recent decennial census. 
‘‘(c) DESIGNATION OF METROPOLITAN PLANNING OR-
GANIZATIONS.— 
‘‘(1) IN GENERAL.—To carry out the metropoli-
tan transportation planning process under this sec-
tion, a metropolitan planning organization shall be 
designated for each urbanized area with a population 
of 200,000 or more individuals, as calculated accord-
ing to the most recent decennial census— 
‘‘(A) by agreement between the applicable 
Governor and local officials that, in the aggre-
gate, represent at least 75 percent of the affected 
population (including the largest incorporated 
city (based on population), as calculated accord-
ing to the most recent decennial census); or 
‘‘(B) in accordance with procedures estab-
lished by applicable State or local law.
627 
† HR 4348 EAS 
‘‘(2) SMALL URBANIZED AREAS.—To carry out 
the metropolitan transportation planning process 
under this section, a metropolitan planning organiza-
tion may be designated for any urbanized area with 
a population of 50,000 or more individuals, but fewer 
than 200,000 individuals, as calculated according to 
the most recent decennial census— 
‘‘(A) by agreement between the applicable 
Governor and local officials that, in the aggre-
gate, represent at least 75 percent of the affected 
population (including the largest incorporated 
city (based on population), as calculated accord-
ing to the most recent decennial census); and 
‘‘(B) with the consent of the Secretary, 
based on a finding that the resulting metropoli-
tan planning organization has met the min-
imum requirements under subsection (e)(4)(B). 
‘‘(3) STRUCTURE.—Not later than 1 year after 
the date of enactment of the Federal Public Transpor-
tation Act of 2012, a metropolitan planning organi-
zation shall consist of— 
‘‘(A) elected local officials in the relevant 
metropolitan area; 
‘‘(B) officials of public agencies that admin-
ister or operate major modes of transportation in
628 
† HR 4348 EAS 
the relevant metropolitan area, including pro-
viders of public transportation; and 
‘‘(C) appropriate State officials. 
‘‘(4) EFFECT OF SUBSECTION.—Nothing in this 
subsection interferes with any authority under any 
State law in effect on December 18, 1991, of a public 
agency with multimodal transportation responsibil-
ities— 
‘‘(A) to develop the metropolitan transpor-
tation plans and transportation improvement 
programs for adoption by a metropolitan plan-
ning organization; or 
‘‘(B) to develop capital plans, coordinate 
public transportation services and projects, or 
carry out other activities pursuant to State law. 
‘‘(5) CONTINUING DESIGNATION.— 
‘‘(A) POPULATION OF 200,000 OR MORE.—A 
designation of an existing MPO for an urbanized 
area with a population of 200,000 or more indi-
viduals, as calculated according to the most re-
cent decennial census, shall remain in effect— 
‘‘(i) for the period during which the 
structure of the existing MPO complies with 
the requirements of paragraph (1); or
629 
† HR 4348 EAS 
‘‘(ii) until the date on which the exist-
ing MPO is redesignated under paragraph 
(6). 
‘‘(B) 
POPULATION
OF
FEWER
THAN 
200,000.— 
‘‘(i) IN GENERAL.—A designation of an 
existing MPO for an urbanized area with a 
population of fewer than 200,000 individ-
uals, as calculated according to the most re-
cent decennial census, shall remain in effect 
until the date on which the existing MPO is 
redesignated under paragraph (6) unless— 
‘‘(I) the existing MPO requests 
that its planning responsibilities be 
transferred to the State or to another 
planning organization designated by 
the State; or 
‘‘(II)(aa) the Secretary determines 
3 years after the date on which the 
Secretary issues a rule pursuant to 
subsection (e)(4)(B)(i), that the exist-
ing MPO is not meeting the minimum 
requirements established by the rule; 
and
630 
† HR 4348 EAS 
‘‘(bb) the Secretary approves the 
Governor’s determination. 
‘‘(ii) WRITTEN
JUSTIFICATION.—The 
Secretary shall in a timely manner provide 
a substantive written justification to each 
metropolitan planning organization that is 
the subject of a negative determination of 
the Secretary under clause (i)(II). 
‘‘(C) EXTENSION.—If a metropolitan plan-
ning organization for an urbanized area with a 
population of less than 200,000 that would other-
wise be terminated under subparagraph (B), re-
quests a probationary continuation before the 
termination of the metropolitan planning orga-
nization, the Secretary shall— 
‘‘(i) delay the termination of the met-
ropolitan planning organization under sub-
paragraph (B) for a period of 1 year; 
‘‘(ii) provide additional technical as-
sistance to all metropolitan planning orga-
nizations provided an extension under this 
paragraph to assist the metropolitan plan-
ning organization in meeting the minimum 
requirements under subsection (e)(4)(B)(i); 
and
631 
† HR 4348 EAS 
‘‘(iii) make a determination 1 year 
after the date on which the Secretary issues 
an extension, whether the MPO has meet the 
minimum requirements established under 
subsection (e)(4)(B)(i). 
‘‘(D) DESIGNATION AS TIER II MPO.—If the 
Secretary determines the existing MPO has met 
the minimum requirements under the rule issued 
under subsection (e)(4)(B)(i), the Secretary shall 
designate the existing MPO as a tier II MPO. 
‘‘(6) REDESIGNATION.— 
‘‘(A) IN GENERAL.—The designation of a 
metropolitan planning organization under this 
subsection shall remain in effect until the date 
on which the metropolitan planning organiza-
tion is redesignated, as appropriate, in accord-
ance with the requirements of this subsection 
pursuant to an agreement between— 
‘‘(i) the applicable Governor; and 
‘‘(ii) affected local officials who, in the 
aggregate, represent at least 75 percent of 
the existing metropolitan planning area 
population (including the largest incor-
porated city (based on population), as cal-
632 
† HR 4348 EAS 
culated according to the most recent decen-
nial census). 
‘‘(B) 
RESTRUCTURING.—A 
metropolitan 
planning organization may be restructured to 
meet the requirements of paragraph (3) without 
undertaking a redesignation. 
‘‘(7) ABSENCE OF DESIGNATION.— 
‘‘(A) IN GENERAL.—A metropolitan plan-
ning organization that is the subject of a nega-
tive determination of the Secretary under para-
graph (5)(B)(i)(II) shall submit to the State in 
which the metropolitan planning organization is 
located, or to a planning organization designated 
by the State, by not later than 180 days after the 
date on which a notice of the negative deter-
mination is received, a 6-month plan that in-
cludes a description of a method— 
‘‘(i) to transfer the responsibilities of 
the metropolitan planning organization to 
the State; and 
‘‘(ii) to dissolve the metropolitan plan-
ning organization. 
‘‘(B) ACTION
ON
DISSOLUTION.—On sub-
mission of a plan under subparagraph (A), the 
metropolitan planning area served by the appli-
633 
† HR 4348 EAS 
cable 
metropolitan 
planning 
organization 
shall— 
‘‘(i) continue to receive metropolitan 
transportation planning funds until the 
earlier of— 
‘‘(I) the date of dissolution of the 
metropolitan planning organization; 
and 
‘‘(II) the date that is 4 years after 
the date of enactment of the Federal 
Public Transportation Act of 2012; 
and 
‘‘(ii) be treated by the State as a non-
metropolitan area for purposes of this chap-
ter. 
‘‘(8) DESIGNATION OF MULTIPLE MPOS.— 
‘‘(A) IN GENERAL.—More than 1 metropoli-
tan planning organization may be designated 
within an existing metropolitan planning area 
only if the applicable Governor and an existing 
MPO determine that the size and complexity of 
the existing metropolitan planning area make 
the designation of more than 1 metropolitan 
planning organization for the metropolitan plan-
ning area appropriate.
634 
† HR 4348 EAS 
‘‘(B) SERVICE
JURISDICTIONS.—If more 
than 1 metropolitan planning organization is 
designated for an existing metropolitan planning 
area under subparagraph (A), the existing met-
ropolitan planning area shall be split into mul-
tiple metropolitan planning areas, each of which 
shall be served by the existing MPO or a new 
metropolitan planning organization. 
‘‘(C) TIER DESIGNATION.—The tier designa-
tion of each metropolitan planning organization 
subject to a designation under this paragraph 
shall be determined based on the size of each re-
spective metropolitan planning area, in accord-
ance with subsection (e)(4). 
‘‘(d) METROPOLITAN PLANNING AREA BOUNDARIES.— 
‘‘(1) IN GENERAL.—For purposes of this section, 
the boundaries of a metropolitan planning area shall 
be determined by agreement between the applicable 
metropolitan planning organization and the Governor 
of the State in which the metropolitan planning area 
is located. 
‘‘(2) INCLUDED AREA.—Each metropolitan plan-
ning area— 
‘‘(A) shall encompass at least the relevant 
existing urbanized area and any contiguous area
635 
† HR 4348 EAS 
expected to become urbanized within a 20-year 
forecast period under the applicable metropolitan 
transportation plan; and 
‘‘(B) may encompass the entire relevant 
metropolitan statistical area, as defined by the 
Office of Management and Budget. 
‘‘(3) 
IDENTIFICATION
OF
NEW
URBANIZED 
AREAS.—The designation by the Bureau of the Census 
of a new urbanized area within the boundaries of an 
existing metropolitan planning area shall not require 
the redesignation of the relevant existing MPO. 
‘‘(4) 
NONATTAINMENT
AND
MAINTENANCE 
AREAS.— 
‘‘(A) EXISTING
METROPOLITAN
PLANNING 
AREAS.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), notwithstanding paragraph 
(2), in the case of an urbanized area des-
ignated as a nonattainment area or mainte-
nance area as of the date of enactment of 
the Federal Public Transportation Act of 
2012, the boundaries of the existing metro-
politan planning area as of that date of en-
actment shall remain in force and effect.
636 
† HR 4348 EAS 
‘‘(ii) 
EXCEPTION.—Notwithstanding 
clause (i), the boundaries of an existing 
metropolitan planning area described in 
that clause may be adjusted by agreement of 
the applicable Governor and the affected 
metropolitan planning organizations in ac-
cordance with paragraph (1). 
‘‘(B) 
NEW
METROPOLITAN
PLANNING 
AREAS.—In the case of an urbanized area des-
ignated as a nonattainment area or maintenance 
area after the date of enactment of the Federal 
Public Transportation Act of 2012, the bound-
aries of the applicable metropolitan planning 
area— 
‘‘(i) shall be established in accordance 
with subsection (c)(1); 
‘‘(ii) shall encompass the areas de-
scribed in paragraph (2)(A); 
‘‘(iii) may encompass the areas de-
scribed in paragraph (2)(B); and 
‘‘(iv) may address any appropriate 
nonattainment area or maintenance area. 
‘‘(e) REQUIREMENTS.— 
‘‘(1) DEVELOPMENT
OF
PLANS
AND
TIPS.—To 
accomplish the policy objectives described in sub-
637 
† HR 4348 EAS 
section (a), each metropolitan planning organization, 
in cooperation with the applicable State and public 
transportation operators, shall develop metropolitan 
transportation plans and transportation improvement 
programs for metropolitan planning areas of the 
State through a performance-driven, outcome-based 
approach to metropolitan transportation planning 
consistent with subsection (h). 
‘‘(2) CONTENTS.—The metropolitan transpor-
tation plans and transportation improvement pro-
grams for each metropolitan area shall provide for the 
development and integrated management and oper-
ation of transportation systems and facilities (includ-
ing accessible pedestrian walkways, bicycle transpor-
tation facilities, and intermodal facilities that sup-
port intercity transportation) that will function as— 
‘‘(A) an intermodal transportation system 
for the metropolitan planning area; and 
‘‘(B) an integral part of an intermodal 
transportation system for the applicable State 
and the United States. 
‘‘(3) PROCESS OF DEVELOPMENT.—The process 
for developing metropolitan transportation plans and 
transportation improvement programs shall—
638 
† HR 4348 EAS 
‘‘(A) provide for consideration of all modes 
of transportation; and 
‘‘(B) be continuing, cooperative, and com-
prehensive to the degree appropriate, based on 
the complexity of the transportation needs to be 
addressed. 
‘‘(4) TIERING.— 
‘‘(A) TIER I MPOS.— 
‘‘(i) IN
GENERAL.—A metropolitan 
planning organization shall be designated 
as a tier I MPO if— 
‘‘(I) as certified by the Governor 
of each applicable State, the metropoli-
tan planning organization operates 
within, and primarily serves, a metro-
politan planning area with a popu-
lation of 1,000,000 or more individ-
uals, as calculated according to the 
most recent decennial census; and 
‘‘(II) the Secretary determines the 
metropolitan planning organization— 
‘‘(aa) meets the minimum 
technical 
requirements 
under 
clause (iv); and
639 
† HR 4348 EAS 
‘‘(bb) not later than 2 years 
after the date of enactment of the 
Federal 
Public 
Transportation 
Act of 2012, will fully implement 
the processes described in sub-
sections (h) though (j). 
‘‘(ii) ABSENCE OF DESIGNATION.—In 
the absence of designation as a tier I MPO 
under clause (i), a metropolitan planning 
organization shall operate as a tier II MPO 
until the date on which the Secretary deter-
mines the metropolitan planning organiza-
tion can meet the minimum technical re-
quirements under clause (iv). 
‘‘(iii) REDESIGNATION AS TIER I.—A 
metropolitan planning organization oper-
ating within a metropolitan planning area 
with a population of 200,000 or more and 
fewer than 1,000,000 individuals and pri-
marily within urbanized areas with popu-
lations of 200,000 or more individuals, as 
calculated according to the most recent de-
cennial census, that is designated as a tier 
II MPO under subparagraph (B) may re-
quest, with the support of the applicable
640 
† HR 4348 EAS 
Governor, a redesignation as a tier I MPO 
on a determination by the Secretary that 
the metropolitan planning organization has 
met the minimum technical requirements 
under clause (iv). 
‘‘(iv) MINIMUM TECHNICAL REQUIRE-
MENTS.—Not later than 1 year after the 
date of enactment of the Federal Public 
Transportation Act of 2012, the Secretary 
shall issue a rule that establishes the min-
imum technical requirements necessary for 
a metropolitan planning organization to be 
designated as a tier I MPO, including, at 
a minimum, modeling, data, staffing, and 
other technical requirements. 
‘‘(B) TIER II MPOS.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of the Fed-
eral Public Transportation Act of 2012, the 
Secretary shall issue a rule that establishes 
minimum requirements necessary for a met-
ropolitan planning organization to be des-
ignated as a tier II MPO.
641 
† HR 4348 EAS 
‘‘(ii) REQUIREMENTS.—The minimum 
requirements established under clause (i) 
shall— 
‘‘(I) be limited to ensuring that 
each metropolitan planning organiza-
tion has the capabilities necessary to 
develop the metropolitan transpor-
tation plan and transportation im-
provement program under this section; 
and 
‘‘(II) include— 
‘‘(aa) only the staffing capa-
bilities necessary to operate the 
metropolitan planning organiza-
tion; and 
‘‘(bb) a requirement that the 
metropolitan planning organiza-
tion has the technical capacity to 
conduct the travel demand model 
and forecasting necessary, as ap-
propriate to the size and resources 
of the metropolitan planning or-
ganization, to fulfill the require-
ments of this section, except that 
in cases in which a metropolitan
642 
† HR 4348 EAS 
planning organization has a for-
mal agreement with a State to 
conduct the modeling on behalf of 
the metropolitan planning organi-
zation, the metropolitan planning 
organization shall be exempt from 
the technical capacity require-
ment. 
‘‘(iii) LIMITATION.—The rule issued 
pursuant to this subparagraph shall only 
include the minimum requirements estab-
lished in clause (ii). 
‘‘(iv) 
INCLUSION.—A 
metropolitan 
planning organization operating primarily 
within an urbanized area with a popu-
lation of 200,000 or more individuals, as 
calculated according to the most recent de-
cennial census, and that does not qualify as 
a tier I MPO under subparagraph (A)(i), 
shall— 
‘‘(I) be designated as a tier II 
MPO; and 
‘‘(II) follow the processes under 
subsection (k). 
‘‘(C) CONSOLIDATION.—
643 
† HR 4348 EAS 
‘‘(i) IN GENERAL.—Metropolitan plan-
ning organizations operating within contig-
uous or adjacent urbanized areas may elect 
to consolidate in order to meet the popu-
lation thresholds required to achieve des-
ignation as a tier I or tier II MPO under 
this paragraph. 
‘‘(ii) EFFECT OF SUBSECTION.—Noth-
ing in this subsection requires or prevents 
consolidation among multiple metropolitan 
planning organizations located within a 
single urbanized area. 
‘‘(f) COORDINATION IN MULTISTATE AREAS.— 
‘‘(1) IN GENERAL.—The Secretary shall encour-
age each Governor with responsibility for a portion of 
a multistate metropolitan area and the appropriate 
metropolitan planning organizations to provide co-
ordinated transportation planning for the entire met-
ropolitan area. 
‘‘(2) COORDINATION ALONG DESIGNATED TRANS-
PORTATION CORRIDORS.—The Secretary shall encour-
age each Governor with responsibility for a portion of 
a multistate metropolitan area and the appropriate 
metropolitan planning organizations to provide co-
644 
† HR 4348 EAS 
ordinated transportation planning for the entire des-
ignated transportation corridor. 
‘‘(3) COORDINATION
WITH
INTERSTATE
COM-
PACTS.—The Secretary shall encourage metropolitan 
planning organizations to take into consideration, 
during the development of metropolitan transpor-
tation plans and transportation improvement pro-
grams, any relevant transportation studies concerning 
planning for regional transportation (including high- 
speed and intercity rail corridor studies, commuter 
rail corridor studies, intermodal terminals, and inter-
state highways) in support of freight, intercity, or 
multistate area projects and services that have been 
developed pursuant to interstate compacts or agree-
ments, or by organizations established under section 
5304. 
‘‘(g) ENGAGEMENT
IN METROPOLITAN TRANSPOR-
TATION PLAN AND TIP DEVELOPMENT.— 
‘‘(1) 
NONATTAINMENT
AND
MAINTENANCE 
AREAS.—If more than 1 metropolitan planning orga-
nization has authority within a metropolitan area, 
nonattainment area, or maintenance area, each met-
ropolitan planning organization shall consult with all 
other metropolitan planning organizations designated 
for the metropolitan area, nonattainment area, or
645 
† HR 4348 EAS 
maintenance area and the State in the development 
of metropolitan transportation plans and transpor-
tation improvement programs under this section. 
‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED 
IN MULTIPLE METROPOLITAN PLANNING AREAS.—If a 
transportation improvement project funded under this 
chapter or title 23 is located within the boundaries of 
more than 1 metropolitan planning area, the affected 
metropolitan planning organizations shall coordinate 
metropolitan transportation plans and transportation 
improvement programs regarding the project. 
‘‘(3) COORDINATION OF ADJACENT PLANNING OR-
GANIZATIONS.— 
‘‘(A) IN GENERAL.—A metropolitan plan-
ning organization that is adjacent or located in 
reasonably close proximity to another metropoli-
tan planning organization shall coordinate with 
that metropolitan planning organization with 
respect to planning processes, including prepara-
tion of metropolitan transportation plans and 
transportation improvement programs, to the 
maximum extent practicable. 
‘‘(B) NONMETROPOLITAN PLANNING ORGANI-
ZATIONS.—A metropolitan planning organiza-
tion that is adjacent or located in reasonably
646 
† HR 4348 EAS 
close proximity to a nonmetropolitan planning 
organization shall consult with that nonmetro-
politan planning organization with respect to 
planning processes, to the maximum extent prac-
ticable. 
‘‘(4) RELATIONSHIP WITH OTHER PLANNING OF-
FICIALS.— 
‘‘(A) IN GENERAL.—The Secretary shall en-
courage each metropolitan planning organiza-
tion to cooperate with Federal, State, tribal, and 
local officers and entities responsible for other 
types of planning activities that are affected by 
transportation in the relevant area (including 
planned growth, economic development, infra-
structure services, housing, other public services, 
environmental protection, airport operations, 
high-speed and intercity passenger rail, freight 
rail, port access, and freight movements), to the 
maximum extent practicable, to ensure that the 
metropolitan transportation planning process, 
metropolitan transportation plans, and trans-
portation improvement programs are developed 
in cooperation with other related planning ac-
tivities in the area.
647 
† HR 4348 EAS 
‘‘(B) INCLUSION.—Cooperation under sub-
paragraph (A) shall include the design and de-
livery of transportation services within the met-
ropolitan area that are provided by— 
‘‘(i) recipients of assistance under sec-
tions 202, 203, and 204 of title 23; 
‘‘(ii) recipients of assistance under this 
title; 
‘‘(iii) government agencies and non-
profit organizations (including representa-
tives of the agencies and organizations) that 
receive Federal assistance from a source 
other than the Department of Transpor-
tation to provide nonemergency transpor-
tation services; and 
‘‘(iv) sponsors of regionally significant 
programs, projects, and services that are re-
lated to transportation and receive assist-
ance from any public or private source. 
‘‘(5) COORDINATION OF OTHER FEDERALLY RE-
QUIRED PLANNING PROGRAMS.—The Secretary shall 
encourage each metropolitan planning organization to 
coordinate, to the maximum extent practicable, the 
development of metropolitan transportation plans and
648 
† HR 4348 EAS 
transportation improvement programs with other rel-
evant federally required planning programs. 
‘‘(h) SCOPE OF PLANNING PROCESS.— 
‘‘(1) IN GENERAL.—The metropolitan transpor-
tation planning process for a metropolitan planning 
area under this section shall provide for consideration 
of projects and strategies that will— 
‘‘(A) support the economic vitality of the 
metropolitan area, especially by enabling global 
competitiveness, travel and tourism (where ap-
plicable), productivity, and efficiency; 
‘‘(B) increase the safety of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(C) increase the security of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(D) increase the accessibility and mobility 
of individuals and freight; 
‘‘(E) protect and enhance the environment, 
promote energy conservation, improve the qual-
ity of life, and promote consistency between 
transportation improvements and State and 
local planned growth and economic development 
patterns;
649 
† HR 4348 EAS 
‘‘(F) 
enhance 
the 
integration 
and 
connectivity of the transportation system, across 
and between modes, for individuals and freight; 
‘‘(G) increase efficient system management 
and operation; and 
‘‘(H) emphasize the preservation of the ex-
isting transportation system. 
‘‘(2) PERFORMANCE-BASED APPROACH.— 
‘‘(A) 
IN
GENERAL.—The 
metropolitan 
transportation planning process shall provide for 
the establishment and use of a performance-based 
approach to transportation decisionmaking to 
support the national goals described in section 
5301(c) of this title and in section 150(b) of title 
23. 
‘‘(B) PERFORMANCE TARGETS.— 
‘‘(i) SURFACE TRANSPORTATION PER-
FORMANCE TARGETS.— 
‘‘(I) IN
GENERAL.—Each metro-
politan planning organization shall es-
tablish performance targets that ad-
dress the performance measures de-
scribed in sections 119(f), 148(h), 
149(k) (where applicable), and 167(i) 
of title 23, to use in tracking attain-
650 
† HR 4348 EAS 
ment of critical outcomes for the region 
of the metropolitan planning organiza-
tion. 
‘‘(II) 
COORDINATION.—Selection 
of performance targets by a metropoli-
tan planning organization shall be co-
ordinated with the relevant State to 
ensure consistency, to the maximum 
extent practicable. 
‘‘(ii) PUBLIC
TRANSPORTATION
PER-
FORMANCE
TARGETS.—Each metropolitan 
planning organization shall adopt the per-
formance targets identified by providers of 
public transportation pursuant to sections 
5326(c) and 5329(d), for use in tracking at-
tainment of critical outcomes for the region 
of the metropolitan planning organization. 
‘‘(C) TIMING.—Each metropolitan planning 
organization shall establish the performance tar-
gets under subparagraph (B) not later than 90 
days after the date on which the relevant State 
or provider of public transportation establishes 
the performance targets. 
‘‘(D) INTEGRATION
OF
OTHER
PERFORM-
ANCE-BASED PLANS.—A metropolitan planning
651 
† HR 4348 EAS 
organization shall integrate in the metropolitan 
transportation planning process, directly or by 
reference, the goals, objectives, performance meas-
ures, and targets described in other State plans 
and processes, as well as asset management and 
safety plans developed by providers of public 
transportation, required as part of a perform-
ance-based program, including plans such as— 
‘‘(i) the State National Highway Sys-
tem asset management plan; 
‘‘(ii) asset management plans devel-
oped by providers of public transportation; 
‘‘(iii) the State strategic highway safe-
ty plan; 
‘‘(iv) a congestion mitigation and air 
quality performance plan developed under 
section 149(k) of title 23 by a tier I MPO 
representing a nonattainment or mainte-
nance area; 
‘‘(v) safety plans developed by pro-
viders of public transportation; and 
‘‘(vi) the national freight strategic 
plan. 
‘‘(E) USE
OF
PERFORMANCE
MEASURES 
AND TARGETS.—The performance measures and
652 
† HR 4348 EAS 
targets established under this paragraph shall be 
used, at a minimum, by the relevant metropoli-
tan planning organization as the basis for devel-
opment of policies, programs, and investment 
priorities reflected in the metropolitan transpor-
tation plan and transportation improvement 
program. 
‘‘(3) FAILURE TO CONSIDER FACTORS.—The fail-
ure to take into consideration 1 or more of the factors 
specified in paragraphs (1) and (2) shall not be sub-
ject to review by any court under this chapter, title 
23, subchapter II of chapter 5 of title 5, or chapter 
7 of title 5 in any matter affecting a metropolitan 
transportation plan, a transportation improvement 
program, a project or strategy, or the certification of 
a planning process. 
‘‘(4) PARTICIPATION BY INTERESTED PARTIES.— 
‘‘(A) IN
GENERAL.—Each metropolitan 
planning organization shall provide to affected 
individuals, public agencies, and other interested 
parties (including State representatives of non-
motorized users) notice and a reasonable oppor-
tunity to comment on the metropolitan transpor-
tation plan and transportation improvement 
program and any relevant scenarios.
653 
† HR 4348 EAS 
‘‘(B) CONTENTS OF PARTICIPATION PLAN.— 
Each metropolitan planning organization shall 
establish a participation plan that— 
‘‘(i) is developed in consultation with 
interested parties and local officials; and 
‘‘(ii) provides that interested parties 
and local officials have reasonable opportu-
nities to comment on the contents of the 
metropolitan transportation plan of the 
metropolitan planning organization. 
‘‘(C) METHODS.—In carrying out subpara-
graph (A), the metropolitan planning organiza-
tion shall, to the maximum extent practicable— 
‘‘(i) develop the metropolitan transpor-
tation plan and transportation improve-
ment program in consultation with inter-
ested parties (including State representa-
tives of nonmotorized users), as appro-
priate, including by the formation of advi-
sory groups representative of the community 
and interested parties that participate in 
the development of the metropolitan trans-
portation plan and transportation improve-
ment program;
654 
† HR 4348 EAS 
‘‘(ii) hold any public meetings at times 
and locations that are, as applicable— 
‘‘(I) convenient; and 
‘‘(II) in compliance with the 
Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); 
‘‘(iii) employ visualization techniques 
to describe metropolitan transportation 
plans and transportation improvement pro-
grams; and 
‘‘(iv) make public information avail-
able in appropriate electronically accessible 
formats and means, such as the Internet, to 
afford reasonable opportunity for consider-
ation of public information under subpara-
graph (A). 
‘‘(i) DEVELOPMENT
OF METROPOLITAN TRANSPOR-
TATION PLAN.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), not later than 5 years after 
the date of enactment of the Federal Public 
Transportation Act of 2012, and not less fre-
quently than once every 5 years thereafter, each 
metropolitan planning organization shall pre-
655 
† HR 4348 EAS 
pare and update, respectively, a metropolitan 
transportation plan for the relevant metropolitan 
planning area in accordance with this section. 
‘‘(B) EXCEPTIONS.—A metropolitan plan-
ning organization shall prepare or update, as 
appropriate, the metropolitan transportation 
plan not less frequently than once every 4 years 
if the metropolitan planning organization is op-
erating within— 
‘‘(i) a nonattainment area; or 
‘‘(ii) a maintenance area. 
‘‘(2) OTHER
REQUIREMENTS.—A metropolitan 
transportation plan under this section shall— 
‘‘(A) be in a form that the Secretary deter-
mines to be appropriate; 
‘‘(B) have a term of not less than 20 years; 
and 
‘‘(C) contain, at a minimum— 
‘‘(i) an identification of the existing 
transportation 
infrastructure, 
including 
highways, local streets and roads, bicycle 
and pedestrian facilities, public transpor-
tation facilities and services, commuter rail 
facilities and services, high-speed and inter-
city passenger rail facilities and services,
656 
† HR 4348 EAS 
freight facilities (including freight railroad 
and port facilities), multimodal and inter-
modal facilities, and intermodal connectors 
that, evaluated in the aggregate, function as 
an integrated metropolitan transportation 
system; 
‘‘(ii) a description of the performance 
measures and performance targets used in 
assessing the existing and future perform-
ance of the transportation system in accord-
ance with subsection (h)(2); 
‘‘(iii) a description of the current and 
projected future usage of the transportation 
system, including a projection based on a 
preferred scenario, and further including, to 
the extent practicable, an identification of 
existing or planned transportation rights-of- 
way, corridors, facilities, and related real 
properties; 
‘‘(iv) a system performance report eval-
uating the existing and future condition 
and performance of the transportation sys-
tem with respect to the performance targets 
described in subsection (h)(2) and updates
657 
† HR 4348 EAS 
in subsequent system performance reports, 
including— 
‘‘(I) progress achieved by the met-
ropolitan planning organization in 
meeting the performance targets in 
comparison with system performance 
recorded in previous reports; 
‘‘(II) an accounting of the per-
formance of the metropolitan planning 
organization on outlay of obligated 
project funds and delivery of projects 
that have reached substantial comple-
tion in relation to— 
‘‘(aa) the projects included in 
the transportation improvement 
program; and 
‘‘(bb) the projects that have 
been removed from the previous 
transportation improvement pro-
gram; and 
‘‘(III) when appropriate, an anal-
ysis of how the preferred scenario has 
improved the conditions and perform-
ance of the transportation system and 
how changes in local policies, invest-
658 
† HR 4348 EAS 
ments, and growth have impacted the 
costs necessary to achieve the identified 
performance targets; 
‘‘(v) recommended strategies and in-
vestments for improving system perform-
ance over the planning horizon, including 
transportation systems management and 
operations strategies, maintenance strate-
gies, demand management strategies, asset 
management strategies, capacity and en-
hancement investments, State and local eco-
nomic development and land use improve-
ments, intelligent transportation systems 
deployment, and technology adoption strate-
gies, as determined by the projected support 
of the performance targets described in sub-
section (h)(2); 
‘‘(vi) recommended strategies and in-
vestments to improve and integrate dis-
ability-related access to transportation in-
frastructure, including strategies and in-
vestments based on a preferred scenario, 
when appropriate; 
‘‘(vii) investment priorities for using 
projected available and proposed revenues
659 
† HR 4348 EAS 
over the short- and long-term stages of the 
planning horizon, in accordance with the fi-
nancial plan required under paragraph (4); 
‘‘(viii) a description of interstate com-
pacts entered into in order to promote co-
ordinated 
transportation 
planning 
in 
multistate areas, if applicable; 
‘‘(ix) an optional illustrative list of 
projects containing investments that— 
‘‘(I) are not included in the met-
ropolitan transportation plan; but 
‘‘(II) would be so included if re-
sources in addition to the resources 
identified in the financial plan under 
paragraph (4) were available; 
‘‘(x) a discussion (developed in con-
sultation with Federal, State, and tribal 
wildlife, land management, and regulatory 
agencies) of types of potential environ-
mental and stormwater mitigation activi-
ties and potential areas to carry out those 
activities, including activities that may 
have the greatest potential to restore and 
maintain the environmental functions af-
660 
† HR 4348 EAS 
fected by the metropolitan transportation 
plan; and 
‘‘(xi) recommended strategies and in-
vestments, including those developed by the 
State as part of interstate compacts, agree-
ments, or organizations, that support inter-
city transportation. 
‘‘(3) SCENARIO DEVELOPMENT.— 
‘‘(A) IN
GENERAL.—When preparing the 
metropolitan transportation plan, the metropoli-
tan planning organization may, while fitting the 
needs and complexity of their community, de-
velop multiple scenarios for consideration as a 
part of the development of the metropolitan 
transportation plan, in accordance with sub-
paragraph (B). 
‘‘(B) COMPONENTS
OF
SCENARIOS.—The 
scenarios— 
‘‘(i) shall include potential regional in-
vestment strategies for the planning horizon; 
‘‘(ii) shall include assumed distribu-
tion of population and employment; 
‘‘(iii) may include a scenario that, to 
the maximum extent practicable, maintains