H. R. 4348—74 
‘‘(ii) $500,000. 
‘‘(B) RESPONSIBILITY OF BUREAU OF INDIAN AFFAIRS AND 
SECRETARY OF THE INTERIOR.— 
‘‘(i) BUREAU OF INDIAN AFFAIRS.—The Bureau of 
Indian Affairs shall retain primary responsibility, 
including annual funding request responsibility, for 
Bureau of Indian Affairs road maintenance programs 
on Indian reservations. 
‘‘(ii) SECRETARY OF THE INTERIOR.—The Secretary 
of the Interior shall ensure that funding made available 
under this subsection for maintenance of tribal 
transportation facilities for each fiscal year is supple-
mentary to, and not in lieu of, any obligation of funds 
by the Bureau of Indian Affairs for road maintenance 
programs on Indian reservations. 
‘‘(C) TRIBAL-STATE ROAD MAINTENANCE AGREEMENTS.— 
‘‘(i) IN
GENERAL.—An Indian tribe and a State 
may enter into a road maintenance agreement under 
which an Indian tribe shall assume the responsibility 
of the State for— 
‘‘(I) tribal transportation facilities; and 
‘‘(II) roads providing access to tribal transpor-
tation facilities. 
‘‘(ii) REQUIREMENTS.—Agreements entered into 
under clause (i) shall— 
‘‘(I) be negotiated between the State and the 
Indian tribe; and 
‘‘(II) not require the approval of the Secretary. 
‘‘(9) COOPERATION.— 
‘‘(A) IN GENERAL.—The cooperation of States, counties, 
or other local subdivisions may be accepted in construction 
and improvement. 
‘‘(B) FUNDS
RECEIVED.—Any funds received from a 
State, county, or local subdivision shall be credited to 
appropriations available for the tribal transportation pro-
gram. 
‘‘(10) COMPETITIVE BIDDING.— 
‘‘(A) CONSTRUCTION.— 
‘‘(i) IN
GENERAL.—Subject to clause (ii) and 
subparagraph (B), construction of each project shall 
be performed by contract awarded by competitive bid-
ding. 
‘‘(ii) EXCEPTION.—Clause (i) shall not apply if the 
Secretary or the Secretary of the Interior affirmatively 
finds that, under the circumstances relating to the 
project, a different method is in the public interest. 
‘‘(B) APPLICABILITY.—Notwithstanding subparagraph 
(A), section 23 of the Act of June 25, 1910 (25 U.S.C. 
47) and section 7(b) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450e(b)) shall apply 
to all funds administered by the Secretary of the Interior 
that are appropriated for the construction and improvement 
of tribal transportation facilities. 
‘‘(b) FUNDS DISTRIBUTION.— 
‘‘(1) NATIONAL
TRIBAL
TRANSPORTATION
FACILITY
INVEN-
TORY.—
H. R. 4348—75 
‘‘(A) IN GENERAL.—The Secretary of the Interior, in 
cooperation with the Secretary, shall maintain a com-
prehensive national inventory of tribal transportation facili-
ties that are eligible for assistance under the tribal 
transportation program. 
‘‘(B) TRANSPORTATION
FACILITIES
INCLUDED
IN
THE 
INVENTORY.—For 
purposes 
of 
identifying 
the 
tribal 
transportation system and determining the relative 
transportation needs among Indian tribes, the Secretary 
shall include, at a minimum, transportation facilities that 
are eligible for assistance under the tribal transportation 
program that an Indian tribe has requested, including 
facilities that— 
‘‘(i) were included in the Bureau of Indian Affairs 
system inventory prior to October 1, 2004; 
‘‘(ii) are owned by an Indian tribal government; 
‘‘(iii) are owned by the Bureau of Indian Affairs; 
‘‘(iv) were constructed or reconstructed with funds 
from the Highway Trust Fund under the Indian res-
ervation roads program since 1983; 
‘‘(v) are public roads or bridges within the exterior 
boundary of Indian reservations, Alaska Native vil-
lages, and other recognized Indian communities 
(including communities in former Indian reservations 
in the State of Oklahoma) in which the majority of 
residents are American Indians or Alaska Natives; 
‘‘(vi) are public roads within or providing access 
to an Indian reservation or Indian trust land or 
restricted Indian land that is not subject to fee title 
alienation without the approval of the Federal Govern-
ment, or Indian or Alaska Native villages, groups, or 
communities in which Indians and Alaska Natives 
reside, whom the Secretary of the Interior has deter-
mined are eligible for services generally available to 
Indians under Federal laws specifically applicable to 
Indians; or 
‘‘(vii) are primary access routes proposed by tribal 
governments, including roads between villages, roads 
to landfills, roads to drinking water sources, roads 
to natural resources identified for economic develop-
ment, and roads that provide access to intermodal 
terminals, such as airports, harbors, or boat landings. 
‘‘(C) LIMITATION ON PRIMARY ACCESS ROUTES.—For pur-
poses of this paragraph, a proposed primary access route 
is the shortest practicable route connecting 2 points of 
the proposed route. 
‘‘(D) ADDITIONAL
FACILITIES.—Nothing in this para-
graph precludes the Secretary from including additional 
transportation facilities that are eligible for funding under 
the tribal transportation program in the inventory used 
for the national funding allocation if such additional facili-
ties are included in the inventory in a uniform and con-
sistent manner nationally. 
‘‘(E) BRIDGES.—All bridges in the inventory shall be 
recorded in the national bridge inventory administered by 
the Secretary under section 144.
H. R. 4348—76 
‘‘(2) REGULATIONS.—Notwithstanding sections 563(a) and 
565(a) of title 5, the Secretary of the Interior shall maintain 
any regulations governing the tribal transportation program. 
‘‘(3) BASIS FOR FUNDING FORMULA.— 
‘‘(A) BASIS.— 
‘‘(i) IN
GENERAL.—After making the set asides 
authorized under subparagraph (C) and subsections 
(c), (d), and (e) on October 1 of each fiscal year, the 
Secretary shall distribute the remainder authorized 
to be appropriated for the tribal transportation pro-
gram under this section among Indian tribes as follows: 
‘‘(I) For fiscal year 2013— 
‘‘(aa) for each Indian tribe, 80 percent of 
the total relative need distribution factor and 
population adjustment factor for the fiscal year 
2011 funding amount made available to that 
Indian tribe; and 
‘‘(bb) the remainder using tribal shares 
as described in subparagraphs (B) and (C). 
‘‘(II) For fiscal year 2014— 
‘‘(aa) for each Indian tribe, 60 percent of 
the total relative need distribution factor and 
population adjustment factor for the fiscal year 
2011 funding amount made available to that 
Indian tribe; and 
‘‘(bb) the remainder using tribal shares 
as described in subparagraphs (B) and (C). 
‘‘(III) For fiscal year 2015— 
‘‘(aa) for each Indian tribe, 40 percent of 
the total relative need distribution factor and 
population adjustment factor for the fiscal year 
2011 funding amount made available to that 
Indian tribe; and 
‘‘(bb) the remainder using tribal shares 
as described in subparagraphs (B) and (C). 
‘‘(IV) For fiscal year 2016 and thereafter— 
‘‘(aa) for each Indian tribe, 20 percent of 
the total relative need distribution factor and 
population adjustment factor for the fiscal year 
2011 funding amount made available to that 
Indian tribe; and 
‘‘(bb) the remainder using tribal shares 
as described in subparagraphs (B) and (C). 
‘‘(ii) TRIBAL HIGH PRIORITY PROJECTS.—The High 
Priority Projects program as included in the Tribal 
Transportation Allocation Methodology of part 170 of 
title 25, Code of Federal Regulations (as in effect on 
the date of enactment of the MAP–21), shall not con-
tinue in effect. 
‘‘(B) TRIBAL SHARES.—Tribal shares under this program 
shall be determined using the national tribal transportation 
facility inventory as calculated for fiscal year 2012, and 
the most recent data on American Indian and Alaska 
Native population within each Indian tribe’s American 
Indian/Alaska Native Reservation or Statistical Area, as 
computed under the Native American Housing Assistance
H. R. 4348—77 
and Self-Determination Act of 1996 (25 U.S.C. 4101 et 
seq.), in the following manner: 
‘‘(i) 27 percent in the ratio that the total eligible 
road mileage in each tribe bears to the total eligible 
road mileage of all American Indians and Alaskan 
Natives. For the purposes of this calculation, eligible 
road mileage shall be computed based on the inventory 
described in paragraph (1), using only facilities 
included in the inventory described in clause (i), (ii), 
or (iii) of paragraph (1)(B). 
‘‘(ii) 39 percent in the ratio that the total popu-
lation in each tribe bears to the total population of 
all American Indians and Alaskan Natives. 
‘‘(iii) 34 percent shall be divided equally among 
each Bureau of Indian Affairs region. Within each 
region, such share of funds shall be distributed to 
each Indian tribe in the ratio that the average total 
relative need distribution factors and population 
adjustment factors from fiscal years 2005 through 2011 
for a tribe bears to the average total of relative need 
distribution factors and population adjustment factors 
for fiscal years 2005 through 2011 in that region. 
‘‘(C) TRIBAL SUPPLEMENTAL FUNDING.— 
‘‘(i) TRIBAL SUPPLEMENTAL FUNDING AMOUNT.—Of 
funds made available for each fiscal year for the tribal 
transportation program, the Secretary shall set aside 
the following amount for a tribal supplemental pro-
gram: 
‘‘(I) If the amount made available for the tribal 
transportation program is less than or equal to 
$275,000,000, 30 percent of such amount. 
‘‘(II) If the amount made available for the 
tribal 
transportation 
program 
exceeds 
$275,000,000— 
‘‘(aa) $82,500,000; plus 
‘‘(bb) 12.5 percent of the amount made 
available for the tribal transportation program 
in excess of $275,000,000. 
‘‘(ii) TRIBAL SUPPLEMENTAL ALLOCATION.—The Sec-
retary shall distribute tribal supplemental funds as 
follows: 
‘‘(I) DISTRIBUTION
AMONG
REGIONS.—Of the 
amounts set aside under clause (i), the Secretary 
shall distribute to each region of the Bureau of 
Indian Affairs a share of tribal supplemental funds 
in proportion to the regional total of tribal shares 
based on the cumulative tribal shares of all Indian 
tribes within such region under subparagraph (B). 
‘‘(II) DISTRIBUTION WITHIN A REGION.—Of the 
amount that a region receives under subclause 
(I), the Secretary shall distribute tribal supple-
mental funding among Indian tribes within such 
region as follows: 
‘‘(aa) TRIBAL SUPPLEMENTAL AMOUNTS.— 
The Secretary shall determine— 
‘‘(AA) which such Indian tribes would 
be entitled under subparagraph (A) to
H. R. 4348—78 
receive in a fiscal year less funding than 
they would receive in fiscal year 2011 
pursuant to the relative need distribution 
factor and population adjustment factor, 
as described in subpart C of part 170 of 
title 25, Code of Federal Regulations (as 
in effect on the date of enactment of the 
MAP–21); and 
‘‘(BB) the combined amount that such 
Indian tribes would be entitled to receive 
in fiscal year 2011 pursuant to such rel-
ative need distribution factor and popu-
lation adjustment factor in excess of the 
amount that they would be entitled to 
receive in the fiscal year under subpara-
graph (B). 
‘‘(bb) COMBINED AMOUNT.—Subject to sub-
clause (III), the Secretary shall distribute to 
each Indian tribe that meets the criteria 
described in item (aa)(AA) a share of funding 
under this subparagraph in proportion to the 
share of the combined amount determined 
under item (aa)(BB) attributable to such 
Indian tribe. 
‘‘(III) CEILING.—An Indian tribe may not 
receive under subclause (II) and based on its tribal 
share under subparagraph (A) a combined amount 
that exceeds the amount that such Indian tribe 
would be entitled to receive in fiscal year 2011 
pursuant to the relative need distribution factor 
and population adjustment factor, as described in 
subpart C of part 170 of title 25, Code of Federal 
Regulations (as in effect on the date of enactment 
of the MAP–21). 
‘‘(IV) OTHER AMOUNTS.—If the amount made 
available for a region under subclause (I) exceeds 
the amount distributed among Indian tribes within 
that region under subclause (II), the Secretary 
shall distribute the remainder of such region’s 
funding under such subclause among all Indian 
tribes in that region in proportion to the combined 
amount that each such Indian tribe received under 
subparagraph (A) and subclauses (I), (II), and 
(III).] 
‘‘(4) TRANSFERRED FUNDS.— 
‘‘(A) IN GENERAL.—Not later than 30 days after the 
date on which funds are made available to the Secretary 
of the Interior under this paragraph, the funds shall be 
distributed to, and made available for immediate use by, 
eligible Indian tribes, in accordance with the formula for 
distribution of funds under the tribal transportation pro-
gram. 
‘‘(B) USE OF FUNDS.—Notwithstanding any other provi-
sion of this section, funds made available to Indian tribes 
for tribal transportation facilities shall be expended on 
projects identified in a transportation improvement pro-
gram approved by the Secretary.
H. R. 4348—79 
‘‘(5) HEALTH AND SAFETY ASSURANCES.—Notwithstanding 
any other provision of law, an Indian tribal government may 
approve plans, specifications, and estimates and commence road 
and bridge construction with funds made available from the 
tribal transportation program through a contract or agreement 
under Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450 et seq.), if the Indian tribal government— 
‘‘(A) provides assurances in the contract or agreement 
that the construction will meet or exceed applicable health 
and safety standards; 
‘‘(B) obtains the advance review of the plans and speci-
fications from a State-licensed civil engineer that has cer-
tified that the plans and specifications meet or exceed 
the applicable health and safety standards; and 
‘‘(C) provides a copy of the certification under subpara-
graph (A) to the Deputy Assistant Secretary for Tribal 
Government Affairs, Department of Transportation, or the 
Assistant Secretary for Indian Affairs, Department of the 
Interior, as appropriate. 
‘‘(6) CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES.— 
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law or any interagency agreement, program guide-
line, manual, or policy directive, all funds made available 
through the Secretary of the Interior under this chapter 
and section 125(e) for tribal transportation facilities to 
pay for the costs of programs, services, functions, and 
activities, or portions of programs, services, functions, or 
activities, that are specifically or functionally related to 
the cost of planning, research, engineering, and construc-
tion of any tribal transportation facility shall be made 
available, upon request of the Indian tribal government, 
to the Indian tribal government for contracts and agree-
ments for such planning, research, engineering, and 
construction in accordance with Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450 et seq.). 
‘‘(B) EXCLUSION OF AGENCY PARTICIPATION.—All funds, 
including contract support costs, for programs, functions, 
services, or activities, or portions of programs, services, 
functions, or activities, including supportive administrative 
functions that are otherwise contractible to which subpara-
graph (A) applies, shall be paid in accordance with subpara-
graph (A), without regard to the organizational level at 
which the Department of the Interior has previously carried 
out such programs, functions, services, or activities. 
‘‘(7) CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES.— 
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law or any interagency agreement, program guide-
line, manual, or policy directive, all funds made available 
to an Indian tribal government under this chapter for 
a tribal transportation facility program or project shall 
be made available, on the request of the Indian tribal 
government, to the Indian tribal government for use in 
carrying out, in accordance with the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450 et seq.), 
contracts and agreements for the planning, research, 
design, engineering, construction, and maintenance relating 
to the program or project.
H. R. 4348—80 
‘‘(B) EXCLUSION OF AGENCY PARTICIPATION.—In accord-
ance with subparagraph (A), all funds, including contract 
support costs, for a program or project to which subpara-
graph (A) applies shall be paid to the Indian tribal govern-
ment without regard to the organizational level at which 
the Department of the Interior has previously carried out, 
or the Department of Transportation has previously carried 
out under the tribal transportation program, the programs, 
functions, services, or activities involved. 
‘‘(C) CONSORTIA.—Two or more Indian tribes that are 
otherwise eligible to participate in a program or project 
to which this chapter applies may form a consortium to 
be considered as a single Indian tribe for the purpose 
of participating in the project under this section. 
‘‘(D) SECRETARY AS SIGNATORY.—Notwithstanding any 
other provision of law, the Secretary is authorized to enter 
into a funding agreement with an Indian tribal government 
to carry out a tribal transportation facility program or 
project under subparagraph (A) that is located on an Indian 
reservation or provides access to the reservation or a 
community of the Indian tribe. 
‘‘(E) FUNDING.—The amount an Indian tribal govern-
ment receives for a program or project under subparagraph 
(A) shall equal the sum of the funding that the Indian 
tribal government would otherwise receive for the program 
or project in accordance with the funding formula estab-
lished under this subsection and such additional amounts 
as the Secretary determines equal the amounts that would 
have been withheld for the costs of the Bureau of Indian 
Affairs for administration of the program or project. 
‘‘(F) ELIGIBILITY.— 
‘‘(i) IN GENERAL.—Subject to clause (ii) and the 
approval of the Secretary, funds may be made available 
under subparagraph (A) to an Indian tribal government 
for a program or project in a fiscal year only if the 
Indian tribal government requesting such funds dem-
onstrates to the satisfaction of the Secretary financial 
stability and financial management capability during 
the 3 fiscal years immediately preceding the fiscal 
year for which the request is being made. 
‘‘(ii) CONSIDERATIONS.—An Indian tribal govern-
ment that had no uncorrected significant and material 
audit exceptions in the required annual audit of the 
contracts or self-governance funding agreements made 
by the Indian tribe with any Federal agency under 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450 et seq.) during the 3-fiscal 
year period referred in clause (i) shall be conclusive 
evidence of the financial stability and financial 
management capability of the Indian tribe for purposes 
of clause (i). 
‘‘(G) ASSUMPTION
OF
FUNCTIONS
AND
DUTIES.—An 
Indian tribal government receiving funding under subpara-
graph (A) for a program or project shall assume all func-
tions and duties that the Secretary of the Interior would 
have performed with respect to a program or project under 
this chapter, other than those functions and duties that
H. R. 4348—81 
inherently cannot be legally transferred under the Indian 
Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.). 
‘‘(H) POWERS.—An Indian tribal government receiving 
funding under subparagraph (A) for a program or project 
shall have all powers that the Secretary of the Interior 
would have exercised in administering the funds trans-
ferred to the Indian tribal government for such program 
or project under this section if the funds had not been 
transferred, except to the extent that such powers are 
powers that inherently cannot be legally transferred under 
the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.). 
‘‘(I) DISPUTE RESOLUTION.—In the event of a disagree-
ment between the Secretary or the Secretary of the Interior 
and an Indian tribe over whether a particular function, 
duty, or power may be lawfully transferred to the Indian 
tribe under the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.), the Indian tribe 
shall have the right to pursue all alternative dispute resolu-
tion and appeal procedures authorized by that Act, 
including regulations issued to carry out the Act. 
‘‘(J) TERMINATION OF CONTRACT OR AGREEMENT.—On 
the date of the termination of a contract or agreement 
under this section by an Indian tribal government, the 
Secretary shall transfer all funds that would have been 
allocated to the Indian tribal government under the con-
tract or agreement to the Secretary of the Interior to pro-
vide continued transportation services in accordance with 
applicable law. 
‘‘(c) PLANNING.— 
‘‘(1) IN
GENERAL.—For each fiscal year, not more than 
2 percent of the funds made available for the tribal transpor-
tation program shall be allocated among Indian tribal govern-
ments that apply for transportation planning pursuant to the 
Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.). 
‘‘(2) REQUIREMENT.—An Indian tribal government, in 
cooperation with the Secretary of the Interior and, as appro-
priate, with a State, local government, or metropolitan planning 
organization, shall carry out a transportation planning process 
in accordance with section 201(c). 
‘‘(3) SELECTION
AND
APPROVAL
OF
PROJECTS.—A project 
funded under this section shall be— 
‘‘(A) selected by the Indian tribal government from 
the transportation improvement program; and 
‘‘(B) subject to the approval of the Secretary of the 
Interior and the Secretary. 
‘‘(d) TRIBAL TRANSPORTATION FACILITY BRIDGES.— 
‘‘(1) NATIONWIDE PRIORITY PROGRAM.—The Secretary shall 
maintain a nationwide priority program for improving deficient 
bridges eligible for the tribal transportation program. 
‘‘(2) FUNDING.—Before making any distribution under sub-
section (b), the Secretary shall set aside not more than 2 
percent of the funds made available under the tribal transpor-
tation program for each fiscal year to be allocated—
H. R. 4348—82 
‘‘(A) to carry out any planning, design, engineering, 
preconstruction, construction, and inspection of a project 
to replace, rehabilitate, seismically retrofit, paint, apply 
calcium magnesium acetate, sodium acetate/formate, or 
other environmentally acceptable, minimally corrosive anti- 
icing and deicing composition; or 
‘‘(B) to implement any countermeasure for deficient 
tribal transportation facility bridges, including multiple- 
pipe culverts. 
‘‘(3) ELIGIBLE BRIDGES.—To be eligible to receive funding 
under this subsection, a bridge described in paragraph (1) 
shall— 
‘‘(A) have an opening of not less than 20 feet; 
‘‘(B) be classified as a tribal transportation facility; 
and 
‘‘(C) be structurally deficient or functionally obsolete. 
‘‘(4) APPROVAL REQUIREMENT.—The Secretary may make 
funds 
available 
under 
this 
subsection 
for 
preliminary 
engineering, construction, and construction engineering activi-
ties after approval of required documentation and verification 
of eligibility in accordance with this title. 
‘‘(e) SAFETY.— 
‘‘(1) FUNDING.—Before making any distribution under sub-
section (b), the Secretary shall set aside not more than 2 
percent of the funds made available under the tribal transpor-
tation program for each fiscal year to be allocated based on 
an identification and analysis of highway safety issues and 
opportunities on tribal land, as determined by the Secretary, 
on application of the Indian tribal governments for eligible 
projects described in section 148(a)(4). 
‘‘(2) PROJECT
SELECTION.—An Indian tribal government, 
in cooperation with the Secretary of the Interior and, as appro-
priate, with a State, local government, or metropolitan planning 
organization, shall select projects from the transportation 
improvement program, subject to the approval of the Secretary 
and the Secretary of the Interior. 
‘‘(f) FEDERAL-AID ELIGIBLE PROJECTS.—Before approving as a 
project on a tribal transportation facility any project eligible for 
funds apportioned under section 104 in a State, the Secretary 
shall, for projects on tribal transportation facilities, determine that 
the obligation of funds for the project is supplementary to and 
not in lieu of the obligation of a fair and equitable share of funds 
apportioned to the State under section 104. 
‘‘§ 203. Federal lands transportation program 
‘‘(a) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Funds made available under the Federal 
lands transportation program shall be used by the Secretary 
of Transportation and the Secretary of the appropriate Federal 
land management agency to pay the costs of— 
‘‘(A) program administration, transportation planning, 
research, preventive maintenance, engineering, rehabilita-
tion, restoration, construction, and reconstruction of Fed-
eral lands transportation facilities, and— 
‘‘(i) adjacent vehicular parking areas; 
‘‘(ii) acquisition of necessary scenic easements and 
scenic or historic sites;
H. R. 4348—83 
‘‘(iii) provision for pedestrians and bicycles; 
‘‘(iv) environmental mitigation in or adjacent to 
Federal land open to the public— 
‘‘(I) to improve public safety and reduce 
vehicle-caused wildlife mortality while maintaining 
habitat connectivity; and 
‘‘(II) to mitigate the damage to wildlife, aquatic 
organism 
passage, 
habitat, 
and 
ecosystem 
connectivity, including the costs of constructing, 
maintaining, replacing, or removing culverts and 
bridges, as appropriate; 
‘‘(v) construction and reconstruction of roadside 
rest areas, including sanitary and water facilities; 
‘‘(vi) congestion mitigation; and 
‘‘(vii) other appropriate public road facilities, as 
determined by the Secretary; 
‘‘(B) operation and maintenance of transit facilities; 
‘‘(C) any transportation project eligible for assistance 
under this title that is on a public road within or adjacent 
to, or that provides access to, Federal lands open to the 
public; and 
‘‘(D) not more $10,000,000 of the amounts made avail-
able per fiscal year to carry out this section for activities 
eligible under subparagraph (A)(iv). 
‘‘(2) CONTRACT.—In connection with an activity described 
in paragraph (1), the Secretary and the Secretary of the appro-
priate Federal land management agency may enter into a con-
tract or other appropriate agreement with respect to the activity 
with— 
‘‘(A) a State (including a political subdivision of a 
State); or 
‘‘(B) an Indian tribe. 
‘‘(3) ADMINISTRATION.—All appropriations for the construc-
tion and improvement of Federal lands transportation facilities 
shall be administered in conformity with regulations and agree-
ments jointly approved by the Secretary and the Secretary 
of the appropriate Federal land managing agency. 
‘‘(4) COOPERATION.— 
‘‘(A) IN GENERAL.—The cooperation of States, counties, 
or other local subdivisions may be accepted in construction 
and improvement. 
‘‘(B) FUNDS
RECEIVED.—Any funds received from a 
State, county, or local subdivision shall be credited to 
appropriations available for the class of Federal lands 
transportation facilities to which the funds were contrib-
uted. 
‘‘(5) COMPETITIVE BIDDING.— 
‘‘(A) IN
GENERAL.—Subject to subparagraph (B), 
construction of each project shall be performed by contract 
awarded by competitive bidding. 
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply 
if the Secretary or the Secretary of the appropriate Federal 
land management agency affirmatively finds that, under 
the circumstances relating to the project, a different method 
is in the public interest. 
‘‘(b) AGENCY PROGRAM DISTRIBUTIONS.—
H. R. 4348—84 
‘‘(1) IN GENERAL.—On October 1, 2011, and on October 
1 of each fiscal year thereafter, the Secretary shall allocate 
the sums authorized to be appropriated for the fiscal year 
for the Federal lands transportation program on the basis of 
applications of need, as determined by the Secretary— 
‘‘(A) in consultation with the Secretaries of the 
applicable Federal land management agencies; and 
‘‘(B) in coordination with the transportation plans 
required under section 201 of the respective transportation 
systems of— 
‘‘(i) the National Park Service; 
‘‘(ii) the Forest Service; 
‘‘(iii) the United States Fish and Wildlife Service; 
‘‘(iv) the Corps of Engineers; and 
‘‘(v) the Bureau of Land Management. 
‘‘(2) APPLICATIONS.— 
‘‘(A) REQUIREMENTS.—Each application submitted by 
a Federal land management agency shall include proposed 
programs at various potential funding levels, as defined 
by the Secretary following collaborative discussions with 
applicable Federal land management agencies. 
‘‘(B) CONSIDERATION BY SECRETARY.—In evaluating an 
application submitted under subparagraph (A), the Sec-
retary shall consider the extent to which the programs 
support— 
‘‘(i) the transportation goals of— 
‘‘(I) a state of good repair of transportation 
facilities; 
‘‘(II) a reduction of bridge deficiencies, and 
‘‘(III) an improvement of safety; 
‘‘(ii) high-use Federal recreational sites or Federal 
economic generators; and 
‘‘(iii) the resource and asset management goals 
of the Secretary of the respective Federal land manage-
ment agency. 
‘‘(C) PERMISSIVE CONTENTS.—Applications may include 
proposed programs the duration of which extend over a 
multiple-year period to support long-term transportation 
planning and resource management initiatives. 
‘‘(c) NATIONAL
FEDERAL
LANDS
TRANSPORTATION
FACILITY 
INVENTORY.— 
‘‘(1) IN GENERAL.—The Secretaries of the appropriate Fed-
eral land management agencies, in cooperation with the Sec-
retary, shall maintain a comprehensive national inventory of 
public Federal lands transportation facilities. 
‘‘(2) TRANSPORTATION FACILITIES INCLUDED IN THE INVEN-
TORIES.—To identify the Federal lands transportation system 
and determine the relative transportation needs among Federal 
land management agencies, the inventories shall include, at 
a minimum, facilities that— 
‘‘(A) provide access to high-use Federal recreation sites 
or Federal economic generators, as determined by the Sec-
retary in coordination with the respective Secretaries of 
the appropriate Federal land management agencies; and 
‘‘(B) are owned by 1 of the following agencies: 
‘‘(i) The National Park Service. 
‘‘(ii) The Forest Service.
H. R. 4348—85 
‘‘(iii) The United States Fish and Wildlife Service. 
‘‘(iv) The Bureau of Land Management. 
‘‘(v) The Corps of Engineers. 
‘‘(3) AVAILABILITY.—The inventories shall be made available 
to the Secretary. 
‘‘(4) UPDATES.—The Secretaries of the appropriate Federal 
land management agencies shall update the inventories of the 
appropriate Federal land management agencies, as determined 
by the Secretary after collaborative discussions with the Secre-
taries of the appropriate Federal land management agencies. 
‘‘(5) REVIEW.—A decision to add or remove a facility from 
the inventory shall not be considered a Federal action for 
purposes of review under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(d) BICYCLE SAFETY.—The Secretary of the appropriate Federal 
land management agency shall prohibit the use of bicycles on each 
federally owned road that has a speed limit of 30 miles per hour 
or greater and an adjacent paved path for use by bicycles within 
100 yards of the road unless the Secretary determines that the 
bicycle level of service on that roadway is rated B or higher. 
‘‘§ 204. Federal lands access program 
‘‘(a) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Funds made available under the Federal 
lands access program shall be used by the Secretary of 
Transportation and the Secretary of the appropriate Federal 
land management agency to pay the cost of— 
‘‘(A) transportation planning, research, engineering, 
preventive 
maintenance, 
rehabilitation, 
restoration, 
construction, and reconstruction of Federal lands access 
transportation facilities located on or adjacent to, or that 
provide access to, Federal land, and— 
‘‘(i) adjacent vehicular parking areas; 
‘‘(ii) acquisition of necessary scenic easements and 
scenic or historic sites; 
‘‘(iii) provisions for pedestrians and bicycles; 
‘‘(iv) environmental mitigation in or adjacent to 
Federal land to improve public safety and reduce 
vehicle-caused wildlife mortality while maintaining 
habitat connectivity; 
‘‘(v) construction and reconstruction of roadside 
rest areas, including sanitary and water facilities; and 
‘‘(vi) other appropriate public road facilities, as 
determined by the Secretary; 
‘‘(B) operation and maintenance of transit facilities; 
and 
‘‘(C) any transportation project eligible for assistance 
under this title that is within or adjacent to, or that pro-
vides access to, Federal land. 
‘‘(2) CONTRACT.—In connection with an activity described 
in paragraph (1), the Secretary and the Secretary of the appro-
priate Federal land management agency may enter into a con-
tract or other appropriate agreement with respect to the activity 
with— 
‘‘(A) a State (including a political subdivision of a 
State); or 
‘‘(B) an Indian tribe.
H. R. 4348—86 
‘‘(3) ADMINISTRATION.—All appropriations for the construc-
tion and improvement of Federal lands access transportation 
facilities shall be administered in conformity with regulations 
and agreements approved by the Secretary. 
‘‘(4) COOPERATION.— 
‘‘(A) IN GENERAL.—The cooperation of States, counties, 
or other local subdivisions may be accepted in construction 
and improvement. 
‘‘(B) FUNDS
RECEIVED.—Any funds received from a 
State, county, or local subdivision for a Federal lands access 
transportation facility project shall be credited to appro-
priations available under the Federal lands access program. 
‘‘(5) COMPETITIVE BIDDING.— 
‘‘(A) IN
GENERAL.—Subject to subparagraph (B), 
construction of each project shall be performed by contract 
awarded by competitive bidding. 
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply 
if the Secretary or the Secretary of the appropriate Federal 
land management agency affirmatively finds that, under 
the circumstances relating to the project, a different method 
is in the public interest. 
‘‘(b) PROGRAM DISTRIBUTIONS.— 
‘‘(1) IN GENERAL.—Funding made available to carry out 
the Federal lands access program shall be allocated among 
those States that have Federal land, in accordance with the 
following formula: 
‘‘(A) 80 percent of the available funding for use in 
those States that contain at least 1 1⁄2 percent of the 
total public land in the United States managed by the 
agencies described in paragraph (2), to be distributed as 
follows: 
‘‘(i) 30 percent in the ratio that— 
‘‘(I) recreational visitation within each such 
State; bears to 
‘‘(II) the recreational visitation within all such 
States. 
‘‘(ii) 5 percent in the ratio that— 
‘‘(I) the Federal land area within each such 
State; bears to 
‘‘(II) the Federal land area in all such States. 
‘‘(iii) 55 percent in the ratio that— 
‘‘(I) the Federal public road miles within each 
such State; bears to 
‘‘(II) the Federal public road miles in all such 
States. 
‘‘(iv) 10 percent in the ratio that— 
‘‘(I) the number of Federal public bridges 
within each such State; bears to 
‘‘(II) the number of Federal public bridges in 
all such States. 
‘‘(B) 20 percent of the available funding for use in 
those States that do not contain at least 1 1⁄2 percent 
of the total public land in the United States managed 
by the agencies described in paragraph (2), to be distributed 
as follows: 
‘‘(i) 30 percent in the ratio that—
H. R. 4348—87 
‘‘(I) recreational visitation within each such 
State; bears to 
‘‘(II) the recreational visitation within all such 
States. 
‘‘(ii) 5 percent in the ratio that— 
‘‘(I) the Federal land area within each such 
State; bears to 
‘‘(II) the Federal land area in all such States. 
‘‘(iii) 55 percent in the ratio that— 
‘‘(I) the Federal public road miles within each 
such State; bears to 
‘‘(II) the Federal public road miles in all such 
States. 
‘‘(iv) 10 percent in the ratio that— 
‘‘(I) the number of Federal public bridges 
within each such State; bears to 
‘‘(II) the number of Federal public bridges in 
all such States. 
‘‘(2) DATA SOURCE.—Data necessary to distribute funding 
under paragraph (1) shall be provided by the following Federal 
land management agencies: 
‘‘(A) The National Park Service. 
‘‘(B) The Forest Service. 
‘‘(C) The United States Fish and Wildlife Service. 
‘‘(D) The Bureau of Land Management. 
‘‘(E) The Corps of Engineers. 
‘‘(c) PROGRAMMING DECISIONS COMMITTEE.— 
‘‘(1) IN GENERAL.—Programming decisions shall be made 
within each State by a committee comprised of— 
‘‘(A) a representative of the Federal Highway Adminis-
tration; 
‘‘(B) a representative of the State Department of 
Transportation; and 
‘‘(C) a representative of any appropriate political sub-
division of the State. 
‘‘(2) 
CONSULTATION
REQUIREMENT.—The 
committee 
described in paragraph (1) shall cooperate with each applicable 
Federal agency in each State before any joint discussion or 
final programming decision. 
‘‘(3) PROJECT
PREFERENCE.—In making a programming 
decision under paragraph (1), the committee shall give pref-
erence to projects that provide access to, are adjacent to, or 
are located within high-use Federal recreation sites or Federal 
economic generators, as identified by the Secretaries of the 
appropriate Federal land management agencies.’’. 
(b) PUBLIC LANDS DEVELOPMENT ROADS AND TRAILS.—Section 
214 of title 23, United States Code, is repealed. 
(c) CONFORMING AMENDMENTS.— 
(1) CHAPTER 2 ANALYSIS.—The analysis for chapter 2 of 
title 23, United States Code, is amended— 
(A) by striking the items relating to sections 201 
through 204 and inserting the following: 
‘‘201. Federal lands and tribal transportation programs. 
‘‘202. Tribal transportation program. 
‘‘203. Federal lands transportation program. 
‘‘204. Federal lands access program.’’; and 
(B) by striking the item relating to section 214.
H. R. 4348—88 
(2) DEFINITION.—Section 138(a) of title 23, United States 
Code, is amended in the third sentence by striking ‘‘park road 
or parkway under section 204 of this title’’ and inserting ‘‘Fed-
eral lands transportation facility’’. 
(3) RULES, REGULATIONS, AND RECOMMENDATIONS.—Section 
315 of title 23, United States Code, is amended by striking 
‘‘204(f)’’ and inserting ‘‘202(a)(5), 203(a)(3),’’. 
SEC. 1120. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE. 
Section 1301 of the SAFETEA–LU (23 U.S.C. 101 note; 119 
Stat. 1198) is amended— 
(1) in subsection (b), by striking ‘‘States’’ and inserting 
‘‘eligible applicants’’; 
(2) in subsection (c), by striking paragraph (3) and inserting 
the following: 
‘‘(3) ELIGIBLE
APPLICANT.—The term ‘eligible applicant’ 
means— 
‘‘(A) a State department of transportation or a group 
of State departments of transportation; 
‘‘(B) a tribal government or consortium of tribal govern-
ments; 
‘‘(C) a transit agency; or 
‘‘(D) a multi-State or multi-jurisdictional group of the 
agencies described in subparagraphs (A) through (C).’’; 
(3) in subsection (d)(2), by striking ‘‘75’’ and inserting ‘‘50’’; 
(4) in subsection (e), by striking ‘‘State’’ and inserting 
‘‘eligible applicant’’; 
(5) in subsection (f)(3) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) improves roadways vital to national energy secu-
rity; and’’; 
(6) in subsection (g)(1) by adding at the end the following: 
‘‘(E) CONGRESSIONAL APPROVAL.—The Secretary may 
not issue a letter of intent, enter into a full funding grant 
agreement under paragraph (2), or make any other obliga-
tion or commitment to fund a project under this section 
if a joint resolution of disapproval is enacted disapproving 
funding for the project before the last day of the 60-day 
period described in subparagraph (B).’’; 
(7) in subsection (k), by adding at the end the following: 
‘‘(3) PROJECT SELECTION JUSTIFICATIONS.— 
‘‘(A) IN GENERAL.—Not later than 30 days after the 
date on which the Secretary selects a project for funding 
under this section, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Environment 
and Public Works of the Senate a report that describes 
the reasons for selecting the project, based on the criteria 
described in subsection (f). 
‘‘(B) 
INCLUSIONS.—The 
report 
submitted 
under 
subparagraph (A) shall specify each criteria described in 
subsection (f) that the project meets. 
‘‘(C) AVAILABILITY.—The Secretary shall make avail-
able on the website of the Department the report submitted 
under subparagraph (A).’’; and 
(8) by striking subsections (l) and (m) and inserting the 
following:
H. R. 4348—89 
‘‘(l) REPORT.— 
‘‘(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of the MAP–21, the Secretary shall submit a 
report to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Environ-
ment and Public Works of the Senate regarding projects of 
national and regional significance. 
‘‘(2) PURPOSE.—The purpose of the report issued under 
this subsection shall be to identify projects of national and 
regional significance that— 
‘‘(A) will significantly improve the performance of the 
Federal-aid highway system, nationally or regionally; 
‘‘(B) is able to— 
‘‘(i) generate national economic benefits that 
reasonably exceed the costs of the projects, including 
increased access to jobs, labor, and other critical eco-
nomic inputs; 
‘‘(ii) reduce long-term congestion, including impacts 
in the State, region, and the United States, and 
increase speed, reliability, and accessibility of the 
movement of people or freight; and 
‘‘(iii) improve transportation safety, including 
reducing transportation accidents, and serious injuries 
and fatalities; and 
‘‘(C) can be supported by an acceptable degree of non- 
Federal financial commitments. 
‘‘(3) CONTENTS.—The report issued under this subsection 
shall include— 
‘‘(A) a comprehensive list of each project of national 
and regional significance that— 
‘‘(i) has been complied through a survey of State 
departments of transportation; and 
‘‘(ii) has been classified by the Secretary as a 
project of regional or national significance in accord-
ance with this section; 
‘‘(B) an analysis of the information collected under 
paragraph (1), including a discussion of the factors sup-
porting each classification of a project as a project of 
regional or national significance; and 
‘‘(C) recommendations on financing for eligible project 
costs. 
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $500,000,000 for fiscal 
year 2013, to remain available until expended.’’. 
SEC. 1121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 
FACILITIES. 
(a) CONSTRUCTION
OF FERRY BOATS
AND FERRY TERMINAL 
FACILITIES.—Section 147 of title 23, United States Code, is 
amended— 
(1) by striking subsections (c) and (d); 
(2) by redesignating subsections (e) and (f) as subsections 
(f) and (g), respectively; and 
(3) by inserting after subsection (b) the following:
H. R. 4348—90 
‘‘(c) DISTRIBUTION OF FUNDS.—Of the amounts made available 
to ferry systems and public entities responsible for developing fer-
ries under this section for a fiscal year, 100 percent shall be allo-
cated in accordance with the formula set forth in subsection (d). 
‘‘(d) FORMULA.—Of the amounts allocated pursuant to sub-
section (c)— 
‘‘(1) 20 percent shall be allocated among eligible entities 
in the proportion that— 
‘‘(A) the number of ferry passengers carried by each 
ferry system in the most recent fiscal year; bears to 
‘‘(B) the number of ferry passengers carried by all 
ferry systems in the most recent fiscal year; 
‘‘(2) 45 percent shall be allocated among eligible entities 
in the proportion that— 
‘‘(A) the number of vehicles carried by each ferry 
system in the most recent fiscal year; bears to 
‘‘(B) the number of vehicles carried by all ferry systems 
in the most recent fiscal year; and 
‘‘(3) 35 percent shall be allocated among eligible entities 
in the proportion that— 
‘‘(A) the total route miles serviced by each ferry system; 
bears to 
‘‘(B) the total route miles serviced by all ferry systems. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated out of the Highway Trust Fund (other than 
the Mass Transit Account) to carry out this section $67,000,000 
for each of fiscal years 2013 and 2014.’’. 
(b) NATIONAL
FERRY
DATABASE.—Section 1801(e) of the 
SAFETEA–LU (23 U.S.C. 129 note; Public Law 109–59) is 
amended— 
(1) in paragraph (2), by inserting ‘‘, including any Federal, 
State, and local government funding sources,’’ after ‘‘sources’’; 
and 
(2) in paragraph (4)— 
(A) in subparagraph (B), by striking ‘‘and’’ at the end; 
(B) by redesignating subparagraph (C) as subpara-
graph (D); 
(C) by inserting after subparagraph (B), the following: 
‘‘(C) ensure that the database is consistent with the 
national transit database maintained by the Federal 
Transit Administration; and’’; and 
(D) in subparagraph (D) (as redesignated by subpara-
graph (B)), by striking ‘‘2009’’ and inserting ‘‘2014’’. 
SEC. 1122. TRANSPORTATION ALTERNATIVES. 
(a) IN GENERAL.—Section 213 of title 23, United States Code, 
is amended to read as follows: 
‘‘§ 213. Transportation alternatives 
‘‘(a) RESERVATION OF FUNDS.— 
‘‘(1) IN GENERAL.—On October 1 of each of fiscal years 
2013 and 2014, the Secretary shall proportionally reserve from 
the funds apportioned to a State under section 104(b) to carry 
out the requirements of this section an amount equal to the 
amount obtained by multiplying the amount determined under 
paragraph (2) by the ratio that—
H. R. 4348—91 
‘‘(A) the amount apportioned to the State for the 
transportation enhancements program for fiscal year 2009 
under section 133(d)(2), as in effect on the day before 
the date of enactment of the MAP-21; bears to 
‘‘(B) the total amount of funds apportioned to all States 
for that fiscal year for the transportation enhancements 
program for fiscal year 2009. 
‘‘(2) CALCULATION OF NATIONAL AMOUNT.—The Secretary 
shall determine an amount for each fiscal year that is equal 
to 2 percent of the amounts authorized to be appropriated 
for such fiscal year from the Highway Trust Fund (other than 
the Mass Transit Account) to carry out chapters 1, 2, 5, and 
6 of this title. 
‘‘(b) ELIGIBLE PROJECTS.—A State may obligate the funds 
reserved under this section for any of the following projects or 
activities: 
‘‘(1) Transportation alternatives, as defined in section 101. 
‘‘(2) The recreational trails program under section 206. 
‘‘(3) The safe routes to school program under section 1404 
of the SAFETEA–LU (23 U.S.C. 402 note; Public Law 109– 
59). 
‘‘(4) Planning, designing, or constructing boulevards and 
other roadways largely in the right-of-way of former Interstate 
System routes or other divided highways. 
‘‘(c) ALLOCATIONS OF FUNDS.— 
‘‘(1) CALCULATION.—Of the funds reserved in a State under 
this section— 
‘‘(A) 50 percent for a fiscal year shall be obligated 
under this section to any eligible entity in proportion to 
their relative shares of the population of the State— 
‘‘(i) in urbanized areas of the State with an urban-
ized area population of over 200,000; 
‘‘(ii) in areas of the State other than urban areas 
with a population greater than 5,000; and 
‘‘(iii) in other areas of the State; and 
‘‘(B) 50 percent shall be obligated in any area of the 
State. 
‘‘(2) METROPOLITAN AREAS.—Funds attributed to an urban-
ized area under paragraph (1)(A)(i) may be obligated in the 
metropolitan area established under section 134 that encom-
passes the urbanized area. 
‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS OF OVER 200,000 
POPULATION.— 
‘‘(A) IN GENERAL.—Except as provided in paragraph 
(1)(B), the amount of funds that a State is required to 
obligate under paragraph (1)(A)(i) shall be obligated in 
urbanized areas described in paragraph (1)(A)(i) based on 
the relative population of the areas. 
‘‘(B) OTHER FACTORS.—A State may obligate the funds 
described in subparagraph (A) based on other factors if 
the State and the relevant metropolitan planning organiza-
tions jointly apply to the Secretary for the permission to 
base the obligation on other factors and the Secretary 
grants the request. 
‘‘(4) ACCESS TO FUNDS.— 
‘‘(A) IN GENERAL.—Each State or metropolitan planning 
organization required to obligate funds in accordance with
H. R. 4348—92 
paragraph (1) shall develop a competitive process to allow 
eligible entities to submit projects for funding that achieve 
the objectives of this subsection. 
‘‘(B) DEFINITION OF ELIGIBLE ENTITY.—In this para-
graph, the term ‘eligible entity’ means— 
‘‘(i) a local government; 
‘‘(ii) a regional transportation authority; 
‘‘(iii) a transit agency; 
‘‘(iv) a natural resource or public land agency; 
‘‘(v) a school district, local education agency, or 
school; 
‘‘(vi) a tribal government; and 
‘‘(vii) any other local or regional governmental 
entity with responsibility for or oversight of transpor-
tation or recreational trails (other than a metropolitan 
planning organization or a State agency) that the State 
determines to be eligible, consistent with the goals 
of this subsection. 
‘‘(5) SELECTION OF PROJECTS.—For funds reserved in a State 
under this section and suballocated to a metropolitan planning 
area under paragraph (1)(A)(i), each such metropolitan planning 
organization shall select projects carried out within the bound-
aries of the applicable metropolitan planning area, in consulta-
tion with the relevant State. 
‘‘(d) FLEXIBILITY OF EXCESS RESERVED FUNDING.—Beginning 
in the second fiscal year after the date of enactment of the MAP- 
21, if on August 1 of that fiscal year the unobligated balance 
of available funds reserved by a State under this section exceeds 
100 percent of such reserved amount in such fiscal year, the State 
may thereafter obligate the amount of excess funds for any 
activity— 
‘‘(1) that is eligible to receive funding under this section; 
or 
‘‘(2) for which the Secretary has approved the obligation 
of funds for any State under section 149. 
‘‘(e) TREATMENT
OF PROJECTS.—Notwithstanding any other 
provision of law, projects funded under this section (excluding those 
carried out under subsection (f)) shall be treated as projects on 
a Federal-aid highway under this chapter. 
‘‘(f) 
CONTINUATION
OF
CERTAIN
RECREATIONAL
TRAILS 
PROJECTS.—Each State shall— 
‘‘(1) obligate an amount of funds reserved under this section 
equal to the amount of the funds apportioned to the State 
for fiscal year 2009 under section 104(h)(2) for projects relating 
to recreational trails under section 206; 
‘‘(2) return 1 percent of those funds to the Secretary for 
the administration of that program; and 
‘‘(3) comply with the provisions of the administration of 
the recreational trails program under section 206, including 
the use of apportioned funds described under subsection 
(d)(3)(A) of that section. 
‘‘(g) STATE FLEXIBILITY.—A State may opt out of the recreational 
trails program under subsection (f) if the Governor of the State 
notifies the Secretary not later than 30 days prior to apportionments 
being made for any fiscal year.’’.
H. R. 4348—93 
(b) CONFORMING AMENDMENT.—The analysis for chapter 2 of 
title 23, United States Code, is amended by striking the item 
relating to section 213 and inserting the following: 
‘‘213. Transportation alternatives’’. 
SEC. 1123. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) EMERGENCY
OR
DISASTER.—The term ‘‘emergency or 
disaster’’ means damage to a tribal transportation facility 
that— 
(A) renders the tribal transportation facility impassable 
or unusable; 
(B) is caused by— 
(i) a natural disaster over a widespread area; or 
(ii) a catastrophic failure from an external cause; 
and 
(C) would be eligible under the emergency relief pro-
gram under section 125 of title 23, United States Code, 
but does not meet the funding thresholds required by that 
section. 
(2) LIST.—The term ‘‘list’’ means the funding priority list 
developed under subsection (c)(5). 
(3) PROGRAM.—The term ‘‘program’’ means the Tribal High 
Priority Projects program established under subsection (b)(1). 
(4) PROJECT.—The term ‘‘project’’ means a project provided 
funds under the program. 
(b) PROGRAM.— 
(1) IN GENERAL.—The Secretary shall use amounts made 
available under subsection (h) to carry out a Tribal High Pri-
ority Projects program under which funds shall be provided 
to eligible applicants in accordance with this section. 
(2) ELIGIBLE APPLICANTS.—Applicants eligible for program 
funds under this section include— 
(A) an Indian tribe whose annual allocation of funding 
under section 202 of title 23, United States Code, is insuffi-
cient to complete the highest priority project of the Indian 
tribe; 
(B) a governmental subdivision of an Indian tribe— 
(i) that is authorized to administer the funding 
of the Indian tribe under section 202 of title 23, United 
States Code; and 
(ii) for which the annual allocation under that 
section is insufficient to complete the highest priority 
project of the Indian tribe; or 
(C) any Indian tribe that has an emergency or disaster 
with respect to a transportation facility included on the 
national inventory of tribal transportation facilities under 
section 202(b)(1) of title 23, United States Code. 
(c) PROJECT APPLICATIONS; FUNDING.— 
(1) IN GENERAL.—To apply for funds under this section, 
an eligible applicant shall submit to the Department of the 
Interior or the Department an application that includes— 
(A) project scope of work, including deliverables, 
budget, and timeline; 
(B) the amount of funds requested; 
(C) project information addressing—
H. R. 4348—94 
(i) the ranking criteria identified in paragraph (3); 
or 
(ii) the nature of the emergency or disaster; 
(D) documentation that the project meets the definition 
of a tribal transportation facility and is included in the 
national inventory of tribal transportation facilities under 
section 202(b)(1) of title 23, United States Code; 
(E) documentation of official tribal action requesting 
the project; 
(F) documentation from the Indian tribe providing 
authority for the Secretary of the Interior to place the 
project on a transportation improvement program if the 
project is selected and approved; and 
(G) any other information the Secretary of the Interior 
or Secretary considers appropriate to make a determina-
tion. 
(2) LIMITATION ON APPLICATIONS.—An applicant for funds 
under the program may only have 1 application for assistance 
under this section pending at any 1 time, including any emer-
gency or disaster application. 
(3) APPLICATION RANKING.— 
(A) IN GENERAL.—The Secretary of the Interior and 
the Secretary shall determine the eligibility of, and fund, 
program applications, subject to the availability of funds. 
(B) RANKING CRITERIA.—The project ranking criteria 
for applications under this section shall include— 
(i) the existence of safety hazards with documented 
fatality and injury accidents; 
(ii) the number of years since the Indian tribe 
last completed a construction project funded by section 
202 of title 23, United States Code; 
(iii) the readiness of the Indian tribe to proceed 
to construction or bridge design need; 
(iv) the percentage of project costs matched by 
funds that are not provided under section 202 of title 
23, United States Code, with projects with a greater 
percentage of other sources of matching funds ranked 
ahead of lesser matches); 
(v) the amount of funds requested, with requests 
for lesser amounts given greater priority; 
(vi) the challenges caused by geographic isolation; 
and 
(vii) all weather access for employment, commerce, 
health, safety, educational resources, or housing. 
(4) PROJECT SCORING MATRIX.—The project scoring matrix 
established in the appendix to part 170 of title 25, Code of 
Regulations (as in effect on the date of enactment of this 
Act) shall be used to rank all applications accepted under 
this section. 
(5) FUNDING PRIORITY LIST.— 
(A) IN GENERAL.—The Secretary of the Interior and 
the Secretary shall jointly produce a funding priority list 
that ranks the projects approved for funding under the 
program. 
(B) LIMITATION.—The number of projects on the list 
shall be limited by the amount of funding made available.
H. R. 4348—95 
(6) TIMELINE.—The Secretary of the Interior and the Sec-
retary shall— 
(A) require applications for funding no sooner than 
60 days after funding is made available pursuant to sub-
section (a); 
(B) notify all applicants and Regions in writing of 
acceptance of applications; 
(C) rank all accepted applications in accordance with 
the project scoring matrix, develop the funding priority 
list, and return unaccepted applications to the applicant 
with an explanation of deficiencies; 
(D) notify all accepted applicants of the projects 
included on the funding priority list no later than 180 
days after the application deadline has passed pursuant 
to subparagraph (A); and 
(E) distribute funds to successful applicants. 
(d) EMERGENCY OR DISASTER PROJECT APPLICATIONS.— 
(1) IN
GENERAL.—Notwithstanding subsection (c)(6), an 
eligible applicant may submit an emergency or disaster project 
application at any time during the fiscal year. 
(2) CONSIDERATION AS PRIORITY.—The Secretary shall— 
(A) consider project applications submitted under para-
graph (1) to be a priority; and 
(B) fund the project applications in accordance with 
paragraph (3). 
(3) FUNDING.— 
(A) IN GENERAL.—If an eligible applicant submits an 
application for a project under this subsection before the 
issuance of the list under subsection (c)(5) and the project 
is determined to be eligible for program funds, the Sec-
retary of the Interior shall provide funding for the project 
before providing funding for other approved projects on 
the list. 
(B) SUBMISSION AFTER ISSUANCE OF LIST.—If an eligible 
applicant submits an application under this subsection 
after the issuance of the list under subsection (c)(5) and 
the distribution of program funds in accordance with the 
list, the Secretary of the Interior shall provide funding 
for the project on the date on which unobligated funds 
provided to projects on the list are returned to the Depart-
ment of the Interior. 
(C) EFFECT ON OTHER PROJECTS.—If the Secretary of 
the Interior uses funding previously designated for a project 
on the list to fund an emergency or disaster project under 
this subsection, the project on the list that did not receive 
funding as a result of the redesignation of funds shall 
move to the top of the list the following year. 
(4) EMERGENCY OR DISASTER PROJECT COST.—The cost of 
a project submitted as an emergency or disaster under this 
subsection shall be at least 10 percent of the distribution of 
funds of the Indian tribe under section 202(b) of title 23, United 
States Code. 
(e) LIMITATION ON USE OF FUNDS.—Program funds shall not 
be used for— 
(1) transportation planning; 
(2) research; 
(3) routine maintenance activities;
H. R. 4348—96 
(4) structures and erosion protection unrelated to transpor-
tation and roadways; 
(5) general reservation planning not involving transpor-
tation; 
(6) landscaping and irrigation systems not involving 
transportation programs and projects; 
(7) work performed on projects that are not included on 
a transportation improvement program approved by the Federal 
Highway Administration, unless otherwise authorized by the 
Secretary of the Interior and the Secretary; 
(8) the purchase of equipment unless otherwise authorized 
by Federal law; or 
(9) the condemnation of land for recreational trails. 
(f) LIMITATION ON PROJECT AMOUNTS.—Project funding shall 
be limited to a maximum of $1,000,000 per application, except 
that funding for disaster or emergency projects shall also be limited 
to the estimated cost of repairing damage to the tribal transpor-
tation facility. 
(g) COST ESTIMATE CERTIFICATION.—All cost estimates prepared 
for a project shall be required to be submitted by the applicant 
to the Secretary of the Interior and the Secretary for certification 
and approval. 
(h) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be appropriated 
$30,000,000 out of the general fund of the Treasury to carry 
out the program for each of fiscal years 2013 and 2014. 
(2) ADMINISTRATION.—The funds made available under 
paragraph (1) shall be administered in the same manner as 
funds made available for the tribal transportation program 
under section 202 of title 23, United States Code, except that— 
(A) the funds made available for the program shall 
remain available until September 30 of the third fiscal 
year after the year appropriated; and 
(B) the Federal share of the cost of a project shall 
be 100 percent. 
Subtitle B—Performance Management 
SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING. 
(a) IN GENERAL.—Section 134 of title 23, United States Code, 
is amended to read as follows: 
‘‘§ 134. Metropolitan transportation planning 
‘‘(a) POLICY.—It is in the national interest— 
‘‘(1) to encourage and promote the safe and efficient 
management, operation, and development of surface transpor-
tation systems that will serve the mobility needs of people 
and freight and foster economic growth and development within 
and between States and urbanized areas, while minimizing 
transportation-related fuel consumption and air pollution 
through metropolitan and statewide transportation planning 
processes identified in this chapter; and 
‘‘(2) to encourage the continued improvement and evolution 
of the metropolitan and statewide transportation planning proc-
esses by metropolitan planning organizations, State depart-
ments of transportation, and public transit operators as guided
H. R. 4348—97 
by the planning factors identified in subsection (h) and section 
135(d). 
‘‘(b) DEFINITIONS.—In this section and section 135, the following 
definitions apply: 
‘‘(1) METROPOLITAN PLANNING AREA.—The term ‘metropoli-
tan planning area’ means the geographic area determined by 
agreement between the metropolitan planning organization for 
the area and the Governor under subsection (e). 
‘‘(2) METROPOLITAN
PLANNING
ORGANIZATION.—The term 
‘metropolitan planning organization’ means the policy board 
of an organization established as a result of the designation 
process under subsection (d). 
‘‘(3) NONMETROPOLITAN AREA.—The term ‘nonmetropolitan 
area’ means a geographic area outside designated metropolitan 
planning areas. 
‘‘(4) NONMETROPOLITAN LOCAL OFFICIAL.—The term ‘non-
metropolitan local official’ means elected and appointed officials 
of general purpose local government in a nonmetropolitan area 
with responsibility for transportation. 
‘‘(5) REGIONAL TRANSPORTATION PLANNING ORGANIZATION.— 
The term ‘regional transportation planning organization’ means 
a policy board of an organization established as the result 
of a designation under section 135(m). 
‘‘(6) TIP.—The term ‘TIP’ means a transportation improve-
ment program developed by a metropolitan planning organiza-
tion under subsection (j). 
‘‘(7) URBANIZED AREA.—The term ‘urbanized area’ means 
a geographic area with a population of 50,000 or more, as 
determined by the Bureau of the Census. 
‘‘(c) GENERAL REQUIREMENTS.— 
‘‘(1) DEVELOPMENT OF LONG-RANGE PLANS AND TIPS.—To 
accomplish the objectives in subsection (a), metropolitan plan-
ning organizations designated under subsection (d), in coopera-
tion with the State and public transportation operators, shall 
develop long-range transportation plans and transportation 
improvement programs through a performance-driven, outcome- 
based approach to planning for metropolitan areas of the State. 
‘‘(2) CONTENTS.—The plans and TIPs for each metropolitan 
area shall provide for the development and integrated manage-
ment and operation of transportation systems and facilities 
(including accessible pedestrian walkways and bicycle transpor-
tation facilities) that will function as an intermodal transpor-
tation system for the metropolitan planning area and as an 
integral part of an intermodal transportation system for the 
State and the United States. 
‘‘(3) PROCESS OF DEVELOPMENT.—The process for developing 
the plans and TIPs shall provide for consideration of all modes 
of transportation and shall be continuing, cooperative, and com-
prehensive to the degree appropriate, based on the complexity 
of the transportation problems to be addressed. 
‘‘(d) DESIGNATION
OF
METROPOLITAN
PLANNING
ORGANIZA-
TIONS.— 
‘‘(1) IN GENERAL.—To carry out the transportation planning 
process required by this section, a metropolitan planning 
organization shall be designated for each urbanized area with 
a population of more than 50,000 individuals—
H. R. 4348—98 
‘‘(A) by agreement between the Governor and units 
of general purpose local government that together represent 
at least 75 percent of the affected population (including 
the largest incorporated city (based on population) as deter-
mined by the Bureau of the Census); or 
‘‘(B) in accordance with procedures established by 
applicable State or local law. 
‘‘(2) STRUCTURE.—Not later than 2 years after the date 
of enactment of MAP-21, each metropolitan planning organiza-
tion that serves an area designated as a transportation manage-
ment area shall consist of— 
‘‘(A) local elected officials; 
‘‘(B) officials of public agencies that administer or 
operate major modes of transportation in the metropolitan 
area, including representation by providers of public 
transportation; and 
‘‘(C) appropriate State officials. 
‘‘(3) LIMITATION
ON
STATUTORY
CONSTRUCTION.—Nothing 
in this subsection shall be construed to interfere with the 
authority, under any State law in effect on December 18, 1991, 
of a public agency with multimodal transportation responsibil-
ities— 
‘‘(A) to develop the plans and TIPs for adoption by 
a metropolitan planning organization; and 
‘‘(B) to develop long-range capital plans, coordinate 
transit services and projects, and carry out other activities 
pursuant to State law. 
‘‘(4) CONTINUING DESIGNATION.—A designation of a metro-
politan planning organization under this subsection or any 
other provision of law shall remain in effect until the metropoli-
tan planning organization is redesignated under paragraph (5). 
‘‘(5) REDESIGNATION PROCEDURES.— 
‘‘(A) IN GENERAL.—A metropolitan planning organiza-
tion may be redesignated by agreement between the Gov-
ernor and units of general purpose local government that 
together represent at least 75 percent of the existing plan-
ning area population (including the largest incorporated 
city (based on population) as determined by the Bureau 
of the Census) as appropriate to carry out this section. 
‘‘(B) 
RESTRUCTURING.—A 
metropolitan 
planning 
organization may be restructured to meet the requirements 
of paragraph (2) without undertaking a redesignation. 
‘‘(6) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING 
ORGANIZATION.—More than 1 metropolitan planning organiza-
tion may be designated within an existing metropolitan plan-
ning area only if the Governor and the existing metropolitan 
planning organization determine that the size and complexity 
of the existing metropolitan planning area make designation 
of more than 1 metropolitan planning organization for the 
area appropriate. 
‘‘(e) METROPOLITAN PLANNING AREA BOUNDARIES.— 
‘‘(1) IN GENERAL.—For the purposes of this section, the 
boundaries of a metropolitan planning area shall be determined 
by agreement between the metropolitan planning organization 
and the Governor. 
‘‘(2) INCLUDED AREA.—Each metropolitan planning area—
H. R. 4348—99 
‘‘(A) shall encompass at least the existing urbanized 
area and the contiguous area expected to become urbanized 
within a 20-year forecast period for the transportation plan; 
and 
‘‘(B) may encompass the entire metropolitan statistical 
area or consolidated metropolitan statistical area, as 
defined by the Bureau of the Census. 
‘‘(3) IDENTIFICATION
OF
NEW
URBANIZED
AREAS
WITHIN 
EXISTING PLANNING AREA BOUNDARIES.—The designation by the 
Bureau of the Census of new urbanized areas within an existing 
metropolitan planning area shall not require the redesignation 
of the existing metropolitan planning organization. 
‘‘(4) EXISTING
METROPOLITAN
PLANNING
AREAS
IN
NON-
ATTAINMENT.— 
‘‘(A) IN
GENERAL.—Notwithstanding paragraph (2), 
except as provided in subparagraph (B), in the case of 
an urbanized area designated as a nonattainment area 
for ozone or carbon monoxide under the Clean Air Act 
(42 U.S.C. 7401 et seq.) as of the date of enactment of 
the SAFETEA–LU, the boundaries of the metropolitan 
planning area in existence as of such date of enactment 
shall be retained. 
‘‘(B) 
EXCEPTION.—The 
boundaries 
described 
in 
subparagraph (A) may be adjusted by agreement of the 
Governor and affected metropolitan planning organizations 
in the manner described in subsection (d)(5). 
‘‘(5) NEW METROPOLITAN PLANNING AREAS IN NONATTAIN-
MENT.—In the case of an urbanized area designated after the 
date of enactment of the SAFETEA–LU, as a nonattainment 
area for ozone or carbon monoxide, the boundaries of the metro-
politan planning area— 
‘‘(A) shall be established in the manner described in 
subsection (d)(1); 
‘‘(B) shall encompass the areas described in paragraph 
(2)(A); 
‘‘(C) may encompass the areas described in paragraph 
(2)(B); and 
‘‘(D) may address any nonattainment area identified 
under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone 
or carbon monoxide. 
‘‘(f) COORDINATION IN MULTISTATE AREAS.— 
‘‘(1) IN GENERAL.—The Secretary shall encourage each Gov-
ernor with responsibility for a portion of a multistate metropoli-
tan area and the appropriate metropolitan planning organiza-
tions to provide coordinated transportation planning for the 
entire metropolitan area. 
‘‘(2) INTERSTATE COMPACTS.—The consent of Congress is 
granted to any 2 or more States— 
‘‘(A) to enter into agreements or compacts, not in con-
flict with any law of the United States, for cooperative 
efforts and mutual assistance in support of activities 
authorized under this section as the activities pertain to 
interstate areas and localities within the States; and 
‘‘(B) to establish such agencies, joint or otherwise, as 
the States may determine desirable for making the agree-
ments and compacts effective.
H. R. 4348—100 
‘‘(3) RESERVATION OF RIGHTS.—The right to alter, amend, 
or repeal interstate compacts entered into under this subsection 
is expressly reserved. 
‘‘(g) MPO CONSULTATION IN PLAN AND TIP COORDINATION.— 
‘‘(1) NONATTAINMENT AREAS.—If more than 1 metropolitan 
planning organization has authority within a metropolitan area 
or an area which is designated as a nonattainment area for 
ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 
7401 et seq.), each metropolitan planning organization shall 
consult with the other metropolitan planning organizations des-
ignated for such area and the State in the coordination of 
plans and TIPs required by this section. 
‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED IN MULTIPLE 
MPOS.—If a transportation improvement, funded from the High-
way Trust Fund or authorized under chapter 53 of title 49, 
is located within the boundaries of more than 1 metropolitan 
planning area, the metropolitan planning organizations shall 
coordinate plans and TIPs regarding the transportation 
improvement. 
‘‘(3) RELATIONSHIP WITH OTHER PLANNING OFFICIALS.— 
‘‘(A) IN GENERAL.—The Secretary shall encourage each 
metropolitan planning organization to consult with officials 
responsible for other types of planning activities that are 
affected by transportation in the area (including State and 
local planned growth, economic development, environ-
mental protection, airport operations, and freight move-
ments) or to coordinate its planning process, to the max-
imum extent practicable, with such planning activities. 
‘‘(B) REQUIREMENTS.—Under the metropolitan plan-
ning process, transportation plans and TIPs shall be devel-
oped with due consideration of other related planning 
activities within the metropolitan area, and the process 
shall provide for the design and delivery of transportation 
services within the metropolitan area that are provided 
by— 
‘‘(i) recipients of assistance under chapter 53 of 
title 49; 
‘‘(ii) governmental agencies and nonprofit organiza-
tions (including representatives of the agencies and 
organizations) that receive Federal assistance from a 
source other than the Department of Transportation 
to provide nonemergency transportation services; and 
‘‘(iii) recipients of assistance under section 204. 
‘‘(h) SCOPE OF PLANNING PROCESS.— 
‘‘(1) IN GENERAL.—The metropolitan 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, produc-
tivity, and efficiency; 
‘‘(B) increase the safety of the transportation system 
for motorized and nonmotorized users; 
‘‘(C) increase the security of the transportation system 
for motorized and nonmotorized users; 
‘‘(D) increase the accessibility and mobility of people 
and for freight;
H. R. 4348—101 
‘‘(E) protect and enhance the environment, promote 
energy conservation, improve the quality of life, and pro-
mote consistency between transportation improvements 
and State and local planned growth and economic develop-
ment patterns; 
‘‘(F) enhance the integration and connectivity of the 
transportation system, across and between modes, for 
people and freight; 
‘‘(G) promote efficient system management and oper-
ation; and 
‘‘(H) emphasize the preservation of the existing 
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 150(b) of this title and in section 5301(c) of title 
49. 
‘‘(B) PERFORMANCE TARGETS.— 
‘‘(i) SURFACE TRANSPORTATION PERFORMANCE TAR-
GETS.— 
‘‘(I) IN GENERAL.—Each metropolitan planning 
organization shall establish performance targets 
that address the performance measures described 
in section 150(c), where applicable, to use in 
tracking progress towards attainment of critical 
outcomes for the region of the metropolitan plan-
ning organization. 
‘‘(II) COORDINATION.—Selection of performance 
targets by a metropolitan planning organization 
shall be coordinated with the relevant State to 
ensure consistency, to the maximum extent prac-
ticable. 
‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE TAR-
GETS.—Selection of performance targets by a metropoli-
tan planning organization shall be coordinated, to the 
maximum extent practicable, with providers of public 
transportation to ensure consistency with sections 
5326(c) and 5329(d) of title 49. 
‘‘(C) TIMING.—Each metropolitan planning organization 
shall establish the performance targets under subpara-
graph (B) not later than 180 days after the date on which 
the relevant State or provider of public transportation 
establishes the performance targets. 
‘‘(D) INTEGRATION
OF
OTHER
PERFORMANCE-BASED 
PLANS.—A 
metropolitan 
planning 
organization 
shall 
integrate in the metropolitan transportation planning 
process, directly or by reference, the goals, objectives, 
performance measures, and targets described in other State 
transportation plans and transportation processes, as well 
as any plans developed under chapter 53 of title 49 by 
providers of public transportation, required as part of a 
performance-based program. 
‘‘(3) FAILURE TO CONSIDER FACTORS.—The failure to con-
sider any factor specified in paragraphs (1) and (2) shall not 
be reviewable by any court under this title or chapter 53
H. R. 4348—102 
of title 49, subchapter II of chapter 5 of title 5, or chapter 
7 of title 5 in any matter affecting a transportation plan, 
a TIP, a project or strategy, or the certification of a planning 
process. 
‘‘(i) DEVELOPMENT OF TRANSPORTATION PLAN.— 
‘‘(1) REQUIREMENTS.— 
‘‘(A) 
IN
GENERAL.—Each 
metropolitan 
planning 
organization shall prepare and update a transportation 
plan for its metropolitan planning area in accordance with 
the requirements of this subsection. 
‘‘(B) FREQUENCY.— 
‘‘(i) IN
GENERAL.—The metropolitan planning 
organization shall prepare and update such plan every 
4 years (or more frequently, if the metropolitan plan-
ning organization elects to update more frequently) 
in the case of each of the following: 
‘‘(I) Any area designated as nonattainment, 
as defined in section 107(d) of the Clean Air Act 
(42 U.S.C. 7407(d)). 
‘‘(II) Any area that was nonattainment and 
subsequently designated to attainment in accord-
ance with section 107(d)(3) of that Act (42 U.S.C. 
7407(d)(3)) and that is subject to a maintenance 
plan under section 175A of that Act (42 U.S.C. 
7505a). 
‘‘(ii) OTHER AREAS.—In the case of any other area 
required to have a transportation plan in accordance 
with the requirements of this subsection, the metropoli-
tan planning organization shall prepare and update 
such plan every 5 years unless the metropolitan plan-
ning organization elects to update more frequently. 
‘‘(2) TRANSPORTATION PLAN.—A transportation plan under 
this section shall be in a form that the Secretary determines 
to be appropriate and shall contain, at a minimum, the fol-
lowing: 
‘‘(A) IDENTIFICATION OF TRANSPORTATION FACILITIES.— 
‘‘(i) IN
GENERAL.—An identification of transpor-
tation facilities (including major roadways, transit, 
multimodal and intermodal facilities, nonmotorized 
transportation facilities, and intermodal connectors) 
that should function as an integrated metropolitan 
transportation system, giving emphasis to those facili-
ties that serve important national and regional 
transportation functions. 
‘‘(ii) FACTORS.—In formulating the transportation 
plan, the metropolitan planning organization shall con-
sider factors described in subsection (h) as the factors 
relate to a 20-year forecast period. 
‘‘(B) 
PERFORMANCE
MEASURES
AND
TARGETS.—A 
description of the performance measures and performance 
targets used in assessing the performance of the transpor-
tation system in accordance with subsection (h)(2). 
‘‘(C) 
SYSTEM
PERFORMANCE
REPORT.—A 
system 
performance report and subsequent updates evaluating the 
condition and performance of the transportation system 
with respect to the performance targets described in sub-
section (h)(2), including—
H. R. 4348—103 
‘‘(i) progress achieved by the metropolitan planning 
organization in meeting the performance targets in 
comparison with system performance recorded in pre-
vious reports; and 
‘‘(ii) for metropolitan planning organizations that 
voluntarily elect to develop multiple scenarios, an anal-
ysis of how the preferred scenario has improved the 
conditions and performance of the transportation 
system and how changes in local policies and invest-
ments have impacted the costs necessary to achieve 
the identified performance targets. 
‘‘(D) MITIGATION ACTIVITIES.— 
‘‘(i) IN GENERAL.—A long-range transportation plan 
shall include a discussion of types of potential environ-
mental mitigation activities and potential areas to 
carry out these activities, including activities that may 
have the greatest potential to restore and maintain 
the environmental functions affected by the plan. 
‘‘(ii) CONSULTATION.—The discussion shall be 
developed in consultation with Federal, State, and 
tribal wildlife, land management, and regulatory agen-
cies. 
‘‘(E) FINANCIAL PLAN.— 
‘‘(i) IN GENERAL.—A financial plan that— 
‘‘(I) demonstrates how the adopted transpor-
tation plan can be implemented; 
‘‘(II) indicates resources from public and pri-
vate sources that are reasonably expected to be 
made available to carry out the plan; and 
‘‘(III) recommends any additional financing 
strategies for needed projects and programs. 
‘‘(ii) INCLUSIONS.—The financial plan may include, 
for illustrative purposes, additional projects that would 
be included in the adopted transportation plan if 
reasonable additional resources beyond those identified 
in the financial plan were available. 
‘‘(iii) COOPERATIVE
DEVELOPMENT.—For the pur-
pose of developing the transportation plan, the metro-
politan planning organization, transit operator, and 
State shall cooperatively develop estimates of funds 
that will be available to support plan implementation. 
‘‘(F) OPERATIONAL
AND
MANAGEMENT
STRATEGIES.— 
Operational and management strategies to improve the 
performance of existing transportation facilities to relieve 
vehicular congestion and maximize the safety and mobility 
of people and goods. 
‘‘(G) CAPITAL INVESTMENT AND OTHER STRATEGIES.— 
Capital investment and other strategies to preserve the 
existing and projected future metropolitan transportation 
infrastructure 
and 
provide 
for 
multimodal 
capacity 
increases based on regional priorities and needs. 
‘‘(H) TRANSPORTATION
AND
TRANSIT
ENHANCEMENT 
ACTIVITIES.—Proposed transportation and transit enhance-
ment activities. 
‘‘(3) COORDINATION
WITH
CLEAN
AIR
ACT
AGENCIES.—In 
metropolitan areas that are in nonattainment for ozone or 
carbon monoxide under the Clean Air Act (42 U.S.C. 7401
H. R. 4348—104 
et seq.), the metropolitan planning organization shall coordinate 
the development of a transportation plan with the process 
for development of the transportation control measures of the 
State implementation plan required by that Act. 
‘‘(4) OPTIONAL SCENARIO DEVELOPMENT.— 
‘‘(A) IN GENERAL.—A metropolitan planning organiza-
tion may, while fitting the needs and complexity of its 
community, voluntarily elect to develop multiple scenarios 
for consideration as part of the development of the metro-
politan transportation plan, in accordance with subpara-
graph (B). 
‘‘(B) RECOMMENDED
COMPONENTS.—A metropolitan 
planning organization that chooses to develop multiple sce-
narios under subparagraph (A) shall be encouraged to con-
sider— 
‘‘(i) potential regional investment strategies for the 
planning horizon; 
‘‘(ii) assumed distribution of population and 
employment; 
‘‘(iii) a scenario that, to the maximum extent prac-
ticable, maintains baseline conditions for the perform-
ance measures identified in subsection (h)(2); 
‘‘(iv) a scenario that improves the baseline condi-
tions for as many of the performance measures identi-
fied in subsection (h)(2) as possible; 
‘‘(v) revenue constrained scenarios based on the 
total revenues expected to be available over the forecast 
period of the plan; and 
‘‘(vi) estimated costs and potential revenues avail-
able to support each scenario. 
‘‘(C) METRICS.—In addition to the performance meas-
ures identified in section 150(c), metropolitan planning 
organizations may evaluate scenarios developed under this 
paragraph using locally-developed measures. 
‘‘(5) CONSULTATION.— 
‘‘(A) IN
GENERAL.—In each metropolitan area, the 
metropolitan planning organization shall consult, as appro-
priate, with State and local agencies responsible for land 
use management, natural resources, environmental protec-
tion, conservation, and historic preservation concerning the 
development of a long-range transportation plan. 
‘‘(B) ISSUES.—The consultation shall involve, as appro-
priate— 
‘‘(i) comparison of transportation plans with State 
conservation plans or maps, if available; or 
‘‘(ii) comparison of transportation plans to inven-
tories of natural or historic resources, if available. 
‘‘(6) PARTICIPATION BY INTERESTED PARTIES.— 
‘‘(A) 
IN
GENERAL.—Each 
metropolitan 
planning 
organization shall provide citizens, affected public agencies, 
representatives of public transportation employees, freight 
shippers, providers of freight transportation services, pri-
vate providers of transportation, representatives of users 
of public transportation, representatives of users of pedes-
trian walkways and bicycle transportation facilities, rep-
resentatives of the disabled, and other interested parties
H. R. 4348—105 
with a reasonable opportunity to comment on the transpor-
tation plan. 
‘‘(B) CONTENTS OF PARTICIPATION PLAN.—A participa-
tion plan— 
‘‘(i) shall be developed in consultation with all 
interested parties; and 
‘‘(ii) shall provide that all interested parties have 
reasonable opportunities to comment on the contents 
of the transportation plan. 
‘‘(C) METHODS.—In carrying out subparagraph (A), the 
metropolitan planning organization shall, to the maximum 
extent practicable— 
‘‘(i) hold any public meetings at convenient and 
accessible locations and times; 
‘‘(ii) employ visualization techniques to describe 
plans; and 
‘‘(iii) make public information available in elec-
tronically accessible format and means, such as the 
World Wide Web, as appropriate to afford reasonable 
opportunity for consideration of public information 
under subparagraph (A). 
‘‘(7) PUBLICATION.—A transportation plan involving Federal 
participation shall be published or otherwise made readily 
available by the metropolitan planning organization for public 
review, including (to the maximum extent practicable) in elec-
tronically accessible formats and means, such as the World 
Wide Web, approved by the metropolitan planning organization 
and submitted for information purposes to the Governor at 
such times and in such manner as the Secretary shall establish. 
‘‘(8) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— 
Notwithstanding paragraph (2)(C), a State or metropolitan 
planning organization shall not be required to select any project 
from the illustrative list of additional projects included in the 
financial plan under paragraph (2)(C). 
‘‘(j) METROPOLITAN TIP.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN GENERAL.—In cooperation with the State and 
any affected public transportation operator, the metropoli-
tan planning organization designated for a metropolitan 
area shall develop a TIP for the metropolitan planning 
area that— 
‘‘(i) contains projects consistent with the current 
metropolitan transportation plan; 
‘‘(ii) reflects the investment priorities established 
in the current metropolitan transportation plan; and 
‘‘(iii) once implemented, is designed to make 
progress toward achieving the performance targets 
established under subsection (h)(2). 
‘‘(B) OPPORTUNITY FOR COMMENT.—In developing the 
TIP, the metropolitan planning organization, in cooperation 
with the State and any affected public transportation oper-
ator, shall provide an opportunity for participation by 
interested parties in the development of the program, in 
accordance with subsection (i)(5). 
‘‘(C) FUNDING ESTIMATES.—For the purpose of devel-
oping the TIP, the metropolitan planning organization, 
public transportation agency, and State shall cooperatively
H. R. 4348—106 
develop estimates of funds that are reasonably expected 
to be available to support program implementation. 
‘‘(D) UPDATING
AND
APPROVAL.—The TIP shall be— 
‘‘(i) updated at least once every 4 years; and 
‘‘(ii) approved by the metropolitan planning 
organization and the Governor. 
‘‘(2) CONTENTS.— 
‘‘(A) PRIORITY LIST.—The TIP shall include a priority 
list of proposed Federally supported projects and strategies 
to be carried out within each 4-year period after the initial 
adoption of the TIP. 
‘‘(B) FINANCIAL PLAN.—The TIP shall include a finan-
cial plan that— 
‘‘(i) demonstrates how the TIP can be implemented; 
‘‘(ii) indicates resources from public and private 
sources that are reasonably expected to be available 
to carry out the program; 
‘‘(iii) identifies innovative financing techniques to 
finance projects, programs, and strategies; and 
‘‘(iv) may include, for illustrative purposes, addi-
tional projects that would be included in the approved 
TIP if reasonable additional resources beyond those 
identified in the financial plan were available. 
‘‘(C) DESCRIPTIONS.—Each project in the TIP shall 
include sufficient descriptive material (such as type of work, 
termini, length, and other similar factors) to identify the 
project or phase of the project. 
‘‘(D) 
PERFORMANCE
TARGET
ACHIEVEMENT.—The 
transportation improvement program shall include, to the 
maximum extent practicable, a description of the antici-
pated effect of the transportation improvement program 
toward achieving the performance targets established in 
the metropolitan transportation plan, linking investment 
priorities to those performance targets. 
‘‘(3) INCLUDED PROJECTS.— 
‘‘(A) PROJECTS UNDER THIS TITLE AND CHAPTER 53 OF 
TITLE 49.—A TIP developed under this subsection for a 
metropolitan area shall include the projects within the 
area that are proposed for funding under chapter 1 of 
this title and chapter 53 of title 49. 
‘‘(B) PROJECTS UNDER CHAPTER 2.— 
‘‘(i) REGIONALLY
SIGNIFICANT
PROJECTS.—Region-
ally significant projects proposed for funding under 
chapter 2 shall be identified individually in the 
transportation improvement program. 
‘‘(ii) OTHER
PROJECTS.—Projects proposed for 
funding under chapter 2 that are not determined to 
be regionally significant shall be grouped in 1 line 
item or identified individually in the transportation 
improvement program. 
‘‘(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION 
PLAN.—Each project shall be consistent with the long-range 
transportation plan developed under subsection (i) for the 
area. 
‘‘(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.— 
The program shall include a project, or an identified phase
H. R. 4348—107 
of a project, only if full funding can reasonably be antici-
pated to be available for the project or the identified phase 
within the time period contemplated for completion of the 
project or the identified phase. 
‘‘(4) NOTICE AND COMMENT.—Before approving a TIP, a 
metropolitan planning organization, in cooperation with the 
State and any affected public transportation operator, shall 
provide an opportunity for participation by interested parties 
in the development of the program, in accordance with sub-
section (i)(5). 
‘‘(5) SELECTION OF PROJECTS.— 
‘‘(A) IN
GENERAL.—Except as otherwise provided in 
subsection (k)(4) and in addition to the TIP development 
required under paragraph (1), the selection of Federally 
funded projects in metropolitan areas shall be carried out, 
from the approved TIP— 
‘‘(i) by— 
‘‘(I) in the case of projects under this title, 
the State; and 
‘‘(II) in the case of projects under chapter 53 
of title 49, the designated recipients of public 
transportation funding; and 
‘‘(ii) in cooperation with the metropolitan planning 
organization. 
‘‘(B) MODIFICATIONS TO PROJECT PRIORITY.—Notwith-
standing any other provision of law, action by the Secretary 
shall not be required to advance a project included in 
the approved TIP in place of another project in the program. 
‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— 
‘‘(A) NO REQUIRED SELECTION.—Notwithstanding para-
graph (2)(B)(iv), a State or metropolitan planning organiza-
tion shall not be required to select any project from the 
illustrative list of additional projects included in the finan-
cial plan under paragraph (2)(B)(iv). 
‘‘(B) REQUIRED ACTION BY THE SECRETARY.—Action by 
the Secretary shall be required for a State or metropolitan 
planning organization to select any project from the illus-
trative list of additional projects included in the financial 
plan under paragraph (2)(B)(iv) for inclusion in an approved 
TIP. 
‘‘(7) PUBLICATION.— 
‘‘(A) PUBLICATION OF TIPS.—A TIP involving Federal 
participation shall be published or otherwise made readily 
available by the metropolitan planning organization for 
public review. 
‘‘(B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.— 
‘‘(i) IN GENERAL.—An annual listing of projects, 
including investments in pedestrian walkways and 
bicycle transportation facilities, for which Federal 
funds have been obligated in the preceding year shall 
be published or otherwise made available by the 
cooperative effort of the State, transit operator, and 
metropolitan planning organization for public review. 
‘‘(ii) REQUIREMENT.—The listing shall be consistent 
with the categories identified in the TIP. 
‘‘(k) TRANSPORTATION MANAGEMENT AREAS.— 
‘‘(1) IDENTIFICATION AND DESIGNATION.—
H. R. 4348—108 
‘‘(A) REQUIRED IDENTIFICATION.—The Secretary shall 
identify as a transportation management area each urban-
ized area (as defined by the Bureau of the Census) with 
a population of over 200,000 individuals. 
‘‘(B) DESIGNATIONS ON REQUEST.—The Secretary shall 
designate any additional area as a transportation manage-
ment area on the request of the Governor and the metro-
politan planning organization designated for the area. 
‘‘(2) TRANSPORTATION PLANS.—In a transportation manage-
ment area, transportation plans shall be based on a continuing 
and comprehensive transportation planning process carried out 
by the metropolitan planning organization in cooperation with 
the State and public transportation operators. 
‘‘(3) CONGESTION MANAGEMENT PROCESS.— 
‘‘(A) IN
GENERAL.—Within a metropolitan planning 
area serving a transportation management area, the 
transportation planning process under this section shall 
address congestion management through a process that 
provides for effective management and operation, based 
on a cooperatively developed and implemented metropoli-
tan-wide strategy, of new and existing transportation facili-
ties eligible for funding under this title and chapter 53 
of title 49 through the use of travel demand reduction 
and operational management strategies. 
‘‘(B) SCHEDULE.—The Secretary shall establish an 
appropriate phase-in schedule for compliance with the 
requirements of this section but no sooner than 1 year 
after the identification of a transportation management 
area. 
‘‘(4) SELECTION OF PROJECTS.— 
‘‘(A) IN GENERAL.—All Federally funded projects carried 
out within the boundaries of a metropolitan planning area 
serving a transportation management area under this title 
(excluding projects carried out on the National Highway 
System) or under chapter 53 of title 49 shall be selected 
for implementation from the approved TIP by the metro-
politan planning organization designated for the area in 
consultation with the State and any affected public 
transportation operator. 
‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects 
carried out within the boundaries of a metropolitan plan-
ning area serving a transportation management area on 
the National Highway System shall be selected for 
implementation from the approved TIP by the State in 
cooperation with the metropolitan planning organization 
designated for the area. 
‘‘(5) CERTIFICATION.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) ensure that the metropolitan planning process 
of a metropolitan planning organization serving a 
transportation management area is being carried out 
in accordance with applicable provisions of Federal 
law; and 
‘‘(ii) subject to subparagraph (B), certify, not less 
often than once every 4 years, that the requirements 
of this paragraph are met with respect to the metropoli-
tan planning process.
H. R. 4348—109 
‘‘(B) REQUIREMENTS
FOR
CERTIFICATION.—The Sec-
retary may make the certification under subparagraph (A) 
if— 
‘‘(i) the transportation planning process complies 
with the requirements of this section and other 
applicable requirements of Federal law; and 
‘‘(ii) there is a TIP for the metropolitan planning 
area that has been approved by the metropolitan plan-
ning organization and the Governor. 
‘‘(C) EFFECT OF FAILURE TO CERTIFY.— 
‘‘(i) WITHHOLDING OF PROJECT FUNDS.—If a metro-
politan planning process of a metropolitan planning 
organization serving a transportation management 
area is not certified, the Secretary may withhold up 
to 20 percent of the funds attributable to the metropoli-
tan planning area of the metropolitan planning 
organization for projects funded under this title and 
chapter 53 of title 49. 
‘‘(ii) RESTORATION OF WITHHELD FUNDS.—The with-
held funds shall be restored to the metropolitan plan-
ning area at such time as the metropolitan planning 
process is certified by the Secretary. 
‘‘(D) REVIEW
OF
CERTIFICATION.—In making certifi-
cation determinations under this paragraph, the Secretary 
shall provide for public involvement appropriate to the 
metropolitan area under review. 
‘‘(l) REPORT ON PERFORMANCE-BASED PLANNING PROCESSES.— 
‘‘(1) IN GENERAL.—The Secretary shall submit to Congress 
a report on the effectiveness of the performance-based planning 
processes of metropolitan planning organizations under this 
section, taking into consideration the requirements of this sub-
section 
‘‘(2) REPORT.—Not later than 5 years after the date of 
enactment of the MAP–21, the Secretary shall submit to Con-
gress a report evaluating— 
‘‘(A) the overall effectiveness of performance-based 
planning as a tool for guiding transportation investments; 
‘‘(B) the effectiveness of the performance-based plan-
ning process of each metropolitan planning organization 
under this section; 
‘‘(C) the extent to which metropolitan planning 
organizations have achieved, or are currently making 
substantial progress toward achieving, the performance tar-
gets specified under this section and whether metropolitan 
planning organizations are developing meaningful perform-
ance targets; and 
‘‘(D) the technical capacity of metropolitan planning 
organizations that operate within a metropolitan planning 
area of less than 200,000 and their ability to carry out 
the requirements of this section. 
‘‘(3) PUBLICATION.—The report under paragraph (2) shall 
be published or otherwise made available in electronically acces-
sible formats and means, including on the Internet. 
‘‘(m) ABBREVIATED PLANS FOR CERTAIN AREAS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), in the case 
of a metropolitan area not designated as a transportation 
management area under this section, the Secretary may provide
H. R. 4348—110 
for the development of an abbreviated transportation plan and 
TIP for the metropolitan planning area that the Secretary 
determines is appropriate to achieve the purposes of this sec-
tion, taking into account the complexity of transportation prob-
lems in the area. 
‘‘(2) NONATTAINMENT
AREAS.—The Secretary may not 
permit abbreviated plans or TIPs for a metropolitan area that 
is in nonattainment for ozone or carbon monoxide under the 
Clean Air Act (42 U.S.C. 7401 et seq.). 
‘‘(n) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT 
AREAS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other provisions 
of this title or chapter 53 of title, for transportation manage-
ment areas classified as nonattainment for ozone or carbon 
monoxide pursuant to the Clean Air Act (42 U.S.C. 7401 et 
seq.), Federal funds may not be advanced in such area for 
any highway project that will result in a significant increase 
in the carrying capacity for single-occupant vehicles unless 
the project is addressed through a congestion management 
process. 
‘‘(2) APPLICABILITY.—This subsection applies to a nonattain-
ment area within the metropolitan planning area boundaries 
determined under subsection (e). 
‘‘(o) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed to confer on a metropolitan planning 
organization the authority to impose legal requirements on any 
transportation facility, provider, or project not eligible under this 
title or chapter 53 of title 49. 
‘‘(p) FUNDING.—Funds set aside under section 104(f) of this 
title or section 5305(g) of title 49 shall be available to carry out 
this section. 
‘‘(q) CONTINUATION
OF
CURRENT
REVIEW
PRACTICE.—Since 
plans and TIPs described in this section are subject to a reasonable 
opportunity for public comment, since individual projects included 
in plans and TIPs are subject to review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since 
decisions by the Secretary concerning plans and TIPs described 
in this section have not been reviewed under that Act as of January 
1, 1997, any decision by the Secretary concerning a plan or TIP 
described in this section shall not be considered to be a Federal 
action subject to review under that Act.’’. 
(b) STUDY ON METROPOLITAN PLANNING SCENARIO DEVELOP-
MENT.— 
(1) IN GENERAL.—The Secretary shall evaluate the costs 
and benefits associated with metropolitan planning organiza-
tions developing multiple scenarios for consideration as a part 
of the development of their metropolitan transportation plan. 
(2) INCLUSIONS.—The evaluation shall include an analysis 
of the technical and financial capacity of the metropolitan plan-
ning organization needed to develop scenarios described in para-
graph (1). 
SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION 
PLANNING. 
(a) IN GENERAL.—Section 135 of title 23, United States Code, 
is amended to read as follows:
H. R. 4348—111 
‘‘§ 135. Statewide and nonmetropolitan transportation plan-
ning 
‘‘(a) GENERAL REQUIREMENTS.— 
‘‘(1) DEVELOPMENT OF PLANS AND PROGRAMS.—Subject to 
section 134, to accomplish the objectives stated in section 
134(a), each State shall develop a statewide transportation 
plan and a statewide transportation improvement program for 
all areas of the State. 
‘‘(2) CONTENTS.—The statewide transportation plan and the 
transportation improvement program developed for each State 
shall provide for the development and integrated management 
and operation of transportation systems and facilities (including 
accessible pedestrian walkways and bicycle transportation 
facilities) that will function as an intermodal transportation 
system for the State and an integral part of an intermodal 
transportation system for the United States. 
‘‘(3) PROCESS OF DEVELOPMENT.—The process for developing 
the statewide plan and the transportation improvement pro-
gram shall provide for consideration of all modes of transpor-
tation and the policies stated in section 134(a) and shall be 
continuing, cooperative, and comprehensive to the degree appro-
priate, based on the complexity of the transportation problems 
to be addressed. 
‘‘(b) COORDINATION WITH METROPOLITAN PLANNING; STATE 
IMPLEMENTATION PLAN.—A State shall— 
‘‘(1) coordinate planning carried out under this section with 
the transportation planning activities carried out under section 
134 for metropolitan areas of the State and with statewide 
trade and economic development planning activities and related 
multistate planning efforts; and 
‘‘(2) develop the transportation portion of the State 
implementation plan as required by the Clean Air Act (42 
U.S.C. 7401 et seq.). 
‘‘(c) INTERSTATE AGREEMENTS.— 
‘‘(1) IN
GENERAL.—Two or more States may enter into 
agreements or compacts, not in conflict with any law of the 
United States, for cooperative efforts and mutual assistance 
in support of activities authorized under this section related 
to interstate areas and localities in the States and establishing 
authorities the States consider desirable for making the agree-
ments and compacts effective. 
‘‘(2) RESERVATION OF RIGHTS.—The right to alter, amend, 
or repeal interstate compacts entered into under this subsection 
is expressly reserved. 
‘‘(d) SCOPE OF PLANNING PROCESS.— 
‘‘(1) IN GENERAL.—Each State shall carry out a statewide 
transportation planning process that provides for consideration 
and implementation of projects, strategies, and services that 
will— 
‘‘(A) support the economic vitality of the United States, 
the States, nonmetropolitan areas, and metropolitan areas, 
especially by enabling global competitiveness, productivity, 
and efficiency; 
‘‘(B) increase the safety of the transportation system 
for motorized and nonmotorized users; 
‘‘(C) increase the security of the transportation system 
for motorized and nonmotorized users;
H. R. 4348—112 
‘‘(D) increase the accessibility and mobility of people 
and freight; 
‘‘(E) protect and enhance the environment, promote 
energy conservation, improve the quality of life, and pro-
mote consistency between transportation improvements 
and State and local planned growth and economic develop-
ment patterns; 
‘‘(F) enhance the integration and connectivity of the 
transportation system, across and between modes through-
out the State, for people and freight; 
‘‘(G) promote efficient system management and oper-
ation; and 
‘‘(H) emphasize the preservation of the existing 
transportation system. 
‘‘(2) PERFORMANCE-BASED APPROACH.— 
‘‘(A) IN GENERAL.—The statewide transportation plan-
ning process shall provide for the establishment and use 
of a performance-based approach to transportation decision-
making to support the national goals described in section 
150(b) of this title and in section 5301(c) of title 49. 
‘‘(B) PERFORMANCE TARGETS.— 
‘‘(i) SURFACE TRANSPORTATION PERFORMANCE TAR-
GETS.— 
‘‘(I) IN GENERAL.—Each State shall establish 
performance targets that address the performance 
measures described in section 150(c), where 
applicable, to use in tracking progress towards 
attainment of critical outcomes for the State. 
‘‘(II) COORDINATION.—Selection of performance 
targets by a State shall be coordinated with the 
relevant metropolitan planning organizations to 
ensure consistency, to the maximum extent prac-
ticable. 
‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE TAR-
GETS.—In urbanized areas not represented by a metro-
politan planning organization, selection of performance 
targets by a State shall be coordinated, to the max-
imum extent practicable, with providers of public 
transportation to ensure consistency with sections 
5326(c) and 5329(d) of title 49. 
‘‘(C) INTEGRATION
OF
OTHER
PERFORMANCE-BASED 
PLANS.—A State shall integrate into the statewide transpor-
tation planning process, directly or by reference, the goals, 
objectives, performance measures, and targets described 
in this paragraph, in other State transportation plans and 
transportation processes, as well as any plans developed 
pursuant to chapter 53 of title 49 by providers of public 
transportation in urbanized areas not represented by a 
metropolitan planning organization required as part of a 
performance-based program. 
‘‘(D) USE OF PERFORMANCE MEASURES AND TARGETS.— 
The performance measures and targets established under 
this paragraph shall be considered by a State when devel-
oping policies, programs, and investment priorities reflected 
in the statewide transportation plan and statewide 
transportation improvement program.
H. R. 4348—113 
‘‘(3) FAILURE TO CONSIDER FACTORS.—The failure to take 
into consideration the factors specified in paragraphs (1) and 
(2) shall not be subject to review by any court under this 
title, chapter 53 of title 49, subchapter II of chapter 5 of 
title 5, or chapter 7 of title 5 in any matter affecting a statewide 
transportation plan, a statewide transportation improvement 
program, a project or strategy, or the certification of a planning 
process. 
‘‘(e) ADDITIONAL REQUIREMENTS.—In carrying out planning 
under this section, each State shall, at a minimum— 
‘‘(1) with respect to nonmetropolitan areas, cooperate with 
affected local officials with responsibility for transportation or, 
if 
applicable, 
through 
regional 
transportation 
planning 
organizations described in subsection (m); 
‘‘(2) consider the concerns of Indian tribal governments 
and Federal land management agencies that have jurisdiction 
over land within the boundaries of the State; and 
‘‘(3) consider coordination of transportation plans, the 
transportation improvement program, and planning activities 
with related planning activities being carried out outside of 
metropolitan planning areas and between States. 
‘‘(f) LONG-RANGE STATEWIDE TRANSPORTATION PLAN.— 
‘‘(1) DEVELOPMENT.—Each State shall develop a long-range 
statewide transportation plan, with a minimum 20-year forecast 
period for all areas of the State, that provides for the develop-
ment and implementation of the intermodal transportation 
system of the State. 
‘‘(2) CONSULTATION WITH GOVERNMENTS.— 
‘‘(A) METROPOLITAN AREAS.—The statewide transpor-
tation plan shall be developed for each metropolitan area 
in the State in cooperation with the metropolitan planning 
organization designated for the metropolitan area under 
section 134. 
‘‘(B) NONMETROPOLITAN AREAS.— 
‘‘(i) IN GENERAL.—With respect to nonmetropolitan 
areas, the statewide transportation plan shall be devel-
oped in cooperation with affected nonmetropolitan offi-
cials with responsibility for transportation or, if 
applicable, through regional transportation planning 
organizations described in subsection (m). 
‘‘(ii) ROLE OF SECRETARY.—The Secretary shall not 
review or approve the consultation process in each 
State. 
‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area 
of the State under the jurisdiction of an Indian tribal 
government, the statewide transportation plan shall be 
developed in consultation with the tribal government and 
the Secretary of the Interior. 
‘‘(D) CONSULTATION, 
COMPARISON, 
AND
CONSIDER-
ATION.— 
‘‘(i) IN GENERAL.—The long-range transportation 
plan shall be developed, as appropriate, in consultation 
with State, tribal, and local agencies responsible for 
land use management, natural resources, environ-
mental protection, conservation, and historic preserva-
tion.
H. R. 4348—114 
‘‘(ii) COMPARISON AND CONSIDERATION.—Consulta-
tion under clause (i) shall involve comparison of 
transportation plans to State and tribal conservation 
plans or maps, if available, and comparison of transpor-
tation plans to inventories of natural or historic 
resources, if available. 
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.— 
‘‘(A) 
IN
GENERAL.—In 
developing 
the 
statewide 
transportation plan, the State shall provide to— 
‘‘(i) nonmetropolitan local elected officials or, if 
applicable, through regional transportation planning 
organizations described in subsection (m), an oppor-
tunity to participate in accordance with subparagraph 
(B)(i); and 
‘‘(ii) citizens, affected public agencies, representa-
tives of public transportation employees, freight ship-
pers, private providers of transportation, representa-
tives of users of public transportation, representatives 
of users of pedestrian walkways and bicycle transpor-
tation facilities, representatives of the disabled, pro-
viders of freight transportation services, and other 
interested parties a reasonable opportunity to comment 
on the proposed plan. 
‘‘(B) METHODS.—In carrying out subparagraph (A), the 
State shall, to the maximum extent practicable— 
‘‘(i) develop and document a consultative process 
to carry out subparagraph (A)(i) that is separate and 
discrete from the public involvement process developed 
under clause (ii); 
‘‘(ii) hold any public meetings at convenient and 
accessible locations and times; 
‘‘(iii) employ visualization techniques to describe 
plans; and 
‘‘(iv) make public information available in elec-
tronically accessible format and means, such as the 
World Wide Web, as appropriate to afford reasonable 
opportunity for consideration of public information 
under subparagraph (A). 
‘‘(4) MITIGATION ACTIVITIES.— 
‘‘(A) IN GENERAL.—A long-range transportation plan 
shall include a discussion of potential environmental miti-
gation activities and potential areas to carry out these 
activities, including activities that may have the greatest 
potential to restore and maintain the environmental func-
tions affected by the plan. 
‘‘(B) CONSULTATION.—The discussion shall be devel-
oped in consultation with Federal, State, and tribal wildlife, 
land management, and regulatory agencies. 
‘‘(5) FINANCIAL PLAN.—The statewide transportation plan 
may include— 
‘‘(A) a financial plan that— 
‘‘(i) demonstrates how the adopted statewide 
transportation plan can be implemented; 
‘‘(ii) indicates resources from public and private 
sources that are reasonably expected to be made avail-
able to carry out the plan; and
H. R. 4348—115 
‘‘(iii) recommends any additional financing strate-
gies for needed projects and programs; and 
‘‘(B) for illustrative purposes, additional projects that 
would be included in the adopted statewide transportation 
plan if reasonable additional resources beyond those identi-
fied in the financial plan were available. 
‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— 
A State shall not be required to select any project from the 
illustrative list of additional projects included in the financial 
plan described in paragraph (5). 
‘‘(7) 
PERFORMANCE-BASED
APPROACH.—The 
statewide 
transportation plan should include— 
‘‘(A) a description of the performance measures and 
performance targets used in assessing the performance of 
the transportation system in accordance with subsection 
(d)(2); and 
‘‘(B) a system performance report and subsequent 
updates evaluating the condition and performance of the 
transportation system with respect to the performance tar-
gets described in subsection (d)(2), including progress 
achieved by the metropolitan planning organization in 
meeting the performance targets in comparison with system 
performance recorded in previous reports; 
‘‘(8) EXISTING SYSTEM.—The statewide transportation plan 
should include capital, operations and management strategies, 
investments, procedures, and other measures to ensure the 
preservation and most efficient use of the existing transpor-
tation system. 
‘‘(9) 
PUBLICATION
OF
LONG-RANGE
TRANSPORTATION 
PLANS.—Each long-range transportation plan prepared by a 
State shall be published or otherwise made available, including 
(to the maximum extent practicable) in electronically accessible 
formats and means, such as the World Wide Web. 
‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN GENERAL.—Each State shall develop a statewide 
transportation improvement program for all areas of the 
State. 
‘‘(B) DURATION AND UPDATING OF PROGRAM.—Each pro-
gram developed under subparagraph (A) shall cover a 
period of 4 years and shall be updated every 4 years 
or more frequently if the Governor of the State elects 
to update more frequently. 
‘‘(2) CONSULTATION WITH GOVERNMENTS.— 
‘‘(A) METROPOLITAN
AREAS.—With respect to each 
metropolitan area in the State, the program shall be devel-
oped in cooperation with the metropolitan planning 
organization designated for the metropolitan area under 
section 134. 
‘‘(B) NONMETROPOLITAN AREAS.— 
‘‘(i) IN GENERAL.—With respect to each nonmetro-
politan area in the State, the program shall be devel-
oped in consultation with affected nonmetropolitan 
local officials with responsibility for transportation or, 
if applicable, through regional transportation planning 
organizations described in subsection (m).
H. R. 4348—116 
‘‘(ii) ROLE OF SECRETARY.—The Secretary shall not 
review or approve the specific consultation process in 
the State. 
‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area 
of the State under the jurisdiction of an Indian tribal 
government, the program shall be developed in consultation 
with the tribal government and the Secretary of the 
Interior. 
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—In developing 
the program, the State shall provide citizens, affected public 
agencies, representatives of public transportation employees, 
freight shippers, private providers of transportation, providers 
of freight transportation services, representatives of users of 
public transportation, representatives of users of pedestrian 
walkways and bicycle transportation facilities, representatives 
of the disabled, and other interested parties with a reasonable 
opportunity to comment on the proposed program. 
‘‘(4) PERFORMANCE
TARGET
ACHIEVEMENT.—A statewide 
transportation improvement program shall include, to the max-
imum extent practicable, a discussion of the anticipated effect 
of the statewide transportation improvement program toward 
achieving the performance targets established in the statewide 
transportation plan, linking investment priorities to those 
performance targets. 
‘‘(5) INCLUDED PROJECTS.— 
‘‘(A) IN GENERAL.—A transportation improvement pro-
gram developed under this subsection for a State shall 
include 
Federally 
supported 
surface 
transportation 
expenditures within the boundaries of the State. 
‘‘(B) LISTING OF PROJECTS.— 
‘‘(i) IN GENERAL.—An annual listing of projects for 
which funds have been obligated for the preceding 
year in each metropolitan planning area shall be pub-
lished or otherwise made available by the cooperative 
effort of the State, transit operator, and the metropoli-
tan planning organization for public review. 
‘‘(ii) FUNDING CATEGORIES.—The listing described 
in clause (i) shall be consistent with the funding cat-
egories identified in each metropolitan transportation 
improvement program. 
‘‘(C) PROJECTS UNDER CHAPTER 2.— 
‘‘(i) REGIONALLY
SIGNIFICANT
PROJECTS.—Region-
ally significant projects proposed for funding under 
chapter 2 shall be identified individually in the 
transportation improvement program. 
‘‘(ii) OTHER
PROJECTS.—Projects proposed for 
funding under chapter 2 that are not determined to 
be regionally significant shall be grouped in 1 line 
item or identified individually in the transportation 
improvement program. 
‘‘(D) CONSISTENCY
WITH
STATEWIDE
TRANSPORTATION 
PLAN.—Each project shall be— 
‘‘(i) consistent with the statewide transportation 
plan developed under this section for the State; 
‘‘(ii) identical to the project or phase of the project 
as described in an approved metropolitan transpor-
tation plan; and
H. R. 4348—117 
‘‘(iii) in conformance with the applicable State air 
quality implementation plan developed under the 
Clean Air Act (42 U.S.C. 7401 et seq.), if the project 
is carried out in an area designated as a nonattainment 
area for ozone, particulate matter, or carbon monoxide 
under part D of title I of that Act (42 U.S.C. 7501 
et seq.). 
‘‘(E) REQUIREMENT OF ANTICIPATED FULL FUNDING.— 
The transportation improvement program shall include a 
project, or an identified phase of a project, only if full 
funding can reasonably be anticipated to be available for 
the project within the time period contemplated for comple-
tion of the project. 
‘‘(F) FINANCIAL PLAN.— 
‘‘(i) IN GENERAL.—The transportation improvement 
program may include a financial plan that dem-
onstrates how the approved transportation improve-
ment program can be implemented, indicates resources 
from public and private sources that are reasonably 
expected to be made available to carry out the transpor-
tation improvement program, and recommends any 
additional financing strategies for needed projects and 
programs. 
‘‘(ii) ADDITIONAL
PROJECTS.—The financial plan 
may include, for illustrative purposes, additional 
projects that would be included in the adopted 
transportation plan if reasonable additional resources 
beyond those identified in the financial plan were avail-
able. 
‘‘(G) SELECTION
OF
PROJECTS
FROM
ILLUSTRATIVE 
LIST.— 
‘‘(i) NO
REQUIRED
SELECTION.—Notwithstanding 
subparagraph (F), a State shall not be required to 
select any project from the illustrative list of additional 
projects included in the financial plan under subpara-
graph (F). 
‘‘(ii) REQUIRED ACTION BY THE SECRETARY.—Action 
by the Secretary shall be required for a State to select 
any project from the illustrative list of additional 
projects included in the financial plan under subpara-
graph (F) for inclusion in an approved transportation 
improvement program. 
‘‘(H) PRIORITIES.—The transportation improvement 
program shall reflect the priorities for programming and 
expenditures of funds, including transportation enhance-
ment activities, required by this title and chapter 53 of 
title 49. 
‘‘(6) PROJECT SELECTION FOR AREAS OF LESS THAN 50,000 
POPULATION.— 
‘‘(A) IN GENERAL.—Projects carried out in areas with 
populations of less than 50,000 individuals shall be 
selected, from the approved transportation improvement 
program (excluding projects carried out on the National 
Highway System and projects carried out under the bridge 
program or the Interstate maintenance program under this 
title or under sections 5310 and 5311 of title 49), by the 
State in cooperation with the affected nonmetropolitan local
H. R. 4348—118 
officials with responsibility for transportation or, if 
applicable, 
through 
regional 
transportation 
planning 
organizations described in subsection (m). 
‘‘(B) OTHER PROJECTS.—Projects carried out in areas 
with populations of less than 50,000 individuals on the 
National Highway System or under the bridge program 
or the Interstate maintenance program under this title 
or under sections 5310, 5311, 5316, and 5317 of title 49 
shall be selected, from the approved statewide transpor-
tation improvement program, by the State in consultation 
with the affected nonmetropolitan local officials with 
responsibility for transportation. 
‘‘(7) TRANSPORTATION IMPROVEMENT PROGRAM APPROVAL.— 
Every 4 years, a transportation improvement program devel-
oped under this subsection shall be reviewed and approved 
by the Secretary if based on a current planning finding. 
‘‘(8) PLANNING FINDING.—A finding shall be made by the 
Secretary at least every 4 years that the transportation plan-
ning process through which statewide transportation plans and 
programs are developed is consistent with this section and 
section 134. 
‘‘(9) 
MODIFICATIONS
TO
PROJECT
PRIORITY.—Notwith-
standing any other provision of law, action by the Secretary 
shall not be required to advance a project included in the 
approved transportation improvement program in place of 
another project in the program. 
‘‘(h) PERFORMANCE-BASED PLANNING PROCESSES EVALUATION.— 
‘‘(1) IN GENERAL.—The Secretary shall establish criteria 
to evaluate the effectiveness of the performance-based planning 
processes of States, taking into consideration the following: 
‘‘(A) The extent to which the State is making progress 
toward achieving, the performance targets described in sub-
section (d)(2), taking into account whether the State devel-
oped appropriate performance targets. 
‘‘(B) The extent to which the State has made transpor-
tation investments that are efficient and cost-effective. 
‘‘(C) The extent to which the State— 
‘‘(i) has developed an investment process that relies 
on public input and awareness to ensure that invest-
ments are transparent and accountable; and 
‘‘(ii) provides reports allowing the public to access 
the information being collected in a format that allows 
the public to meaningfully assess the performance of 
the State. 
‘‘(2) REPORT.— 
‘‘(A) IN GENERAL.—Not later than 5 years after the 
date of enactment of the MAP–21, the Secretary shall 
submit to Congress a report evaluating— 
‘‘(i) the overall effectiveness of performance-based 
planning as a tool for guiding transportation invest-
ments; and 
‘‘(ii) the effectiveness of the performance-based 
planning process of each State. 
‘‘(B) PUBLICATION.—The report under subparagraph (A) 
shall be published or otherwise made available in electroni-
cally accessible formats and means, including on the Inter-
net.
H. R. 4348—119 
‘‘(i) FUNDING.—Funds apportioned under section 104(b)(5) of 
this title and set aside under section 5305(g) of title 49 shall 
be available to carry out this section. 
‘‘(j) TREATMENT
OF CERTAIN STATE LAWS
AS CONGESTION 
MANAGEMENT PROCESSES.—For purposes of this section and section 
134, and sections 5303 and 5304 of title 49, State laws, rules, 
or regulations pertaining to congestion management systems or 
programs may constitute the congestion management process under 
this section and section 134, and sections 5303 and 5304 of title 
49, if the Secretary finds that the State laws, rules, or regulations 
are consistent with, and fulfill the intent of, the purposes of this 
section and section 134 and sections 5303 and 5304 of title 49, 
as appropriate. 
‘‘(k) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since the 
statewide transportation plan and the transportation improvement 
program described in this section are subject to a reasonable oppor-
tunity for public comment, since individual projects included in 
the statewide transportation plans and the transportation improve-
ment program are subject to review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since 
decisions by the Secretary concerning statewide transportation 
plans or the transportation improvement program described in this 
section have not been reviewed under that Act as of January 1, 
1997, any decision by the Secretary concerning a metropolitan or 
statewide transportation plan or the transportation improvement 
program described in this section shall not be considered to be 
a Federal action subject to review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(l) SCHEDULE FOR IMPLEMENTATION.—The Secretary shall issue 
guidance on a schedule for implementation of the changes made 
by this section, taking into consideration the established planning 
update cycle for States. The Secretary shall not require a State 
to deviate from its established planning update cycle to implement 
changes made by this section. States shall reflect changes made 
to their transportation plan or transportation improvement program 
updates not later than 2 years after the date of issuance of guidance 
by the Secretary under this subsection. 
‘‘(m) DESIGNATION
OF REGIONAL TRANSPORTATION PLANNING 
ORGANIZATIONS.— 
‘‘(1) IN GENERAL.—To carry out the transportation planning 
process required by this section, a State may establish and 
designate regional transportation planning organizations to 
enhance the planning, coordination, and implementation of 
statewide strategic long-range transportation plans and 
transportation improvement programs, with an emphasis on 
addressing the needs of nonmetropolitan areas of the State. 
‘‘(2) STRUCTURE.—A regional transportation planning 
organization shall be established as a multijurisdictional 
organization of nonmetropolitan local officials or their designees 
who volunteer for such organization and representatives of 
local transportation systems who volunteer for such organiza-
tion. 
‘‘(3) REQUIREMENTS.—A regional transportation planning 
organization shall establish, at a minimum— 
‘‘(A) a policy committee, the majority of which shall 
consist of nonmetropolitan local officials, or their designees, 
and, as appropriate, additional representatives from the
H. R. 4348—120 
State, private business, transportation service providers, 
economic development practitioners, and the public in the 
region; and 
‘‘(B) a fiscal and administrative agent, such as an 
existing regional planning and development organization, 
to 
provide 
professional 
planning, 
management, 
and 
administrative support. 
‘‘(4) DUTIES.—The duties of a regional transportation plan-
ning organization shall include— 
‘‘(A) developing and maintaining, in cooperation with 
the State, regional long-range multimodal transportation 
plans; 
‘‘(B) developing a regional transportation improvement 
program for consideration by the State; 
‘‘(C) fostering the coordination of local planning, land 
use, and economic development plans with State, regional, 
and local transportation plans and programs; 
‘‘(D) providing technical assistance to local officials; 
‘‘(E) participating in national, multistate, and State 
policy and planning development processes to ensure the 
regional and local input of nonmetropolitan areas; 
‘‘(F) providing a forum for public participation in the 
statewide and regional transportation planning processes; 
‘‘(G) considering and sharing plans and programs with 
neighboring regional transportation planning organiza-
tions, metropolitan planning organizations, and, where 
appropriate, tribal organizations; and 
‘‘(H) conducting other duties, as necessary, to support 
and enhance the statewide planning process under sub-
section (d). 
‘‘(5) STATES WITHOUT REGIONAL TRANSPORTATION PLANNING 
ORGANIZATIONS.—If a State chooses not to establish or designate 
a regional transportation planning organization, the State shall 
consult with affected nonmetropolitan local officials to deter-
mine projects that may be of regional significance.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of 
title 23, United States Code, is amended by striking the item 
relating to section 135 and inserting the following: 
‘‘135. Statewide and nonmetropolitan transportation planning.’’. 
SEC. 1203. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEAS-
URES. 
(a) IN GENERAL.—Section 150 of title 23, United States Code, 
is amended to read as follows: 
‘‘§ 150. National goals and performance management meas-
ures 
‘‘(a) DECLARATION OF POLICY.—Performance management will 
transform the Federal-aid highway program and provide a means 
to the most efficient investment of Federal transportation funds 
by refocusing on national transportation goals, increasing the 
accountability and transparency of the Federal-aid highway pro-
gram, and improving project decisionmaking through performance- 
based planning and programming. 
‘‘(b) NATIONAL GOALS.—It is in the interest of the United States 
to focus the Federal-aid highway program on the following national 
goals:
H. R. 4348—121 
‘‘(1) SAFETY.—To achieve a significant reduction in traffic 
fatalities and serious injuries on all public roads. 
‘‘(2) INFRASTRUCTURE CONDITION.—To maintain the high-
way infrastructure asset system in a state of good repair. 
‘‘(3) CONGESTION
REDUCTION.—To achieve a significant 
reduction in congestion on the National Highway System. 
‘‘(4) SYSTEM RELIABILITY.—To improve the efficiency of the 
surface transportation system. 
‘‘(5) FREIGHT
MOVEMENT
AND
ECONOMIC
VITALITY.—To 
improve the national freight network, strengthen the ability 
of rural communities to access national and international trade 
markets, and support regional economic development. 
‘‘(6) ENVIRONMENTAL
SUSTAINABILITY.—To enhance the 
performance of the transportation system while protecting and 
enhancing the natural environment. 
‘‘(7) REDUCED
PROJECT
DELIVERY
DELAYS.—To reduce 
project costs, promote jobs and the economy, and expedite the 
movement of people and goods by accelerating project comple-
tion through eliminating delays in the project development 
and delivery process, including reducing regulatory burdens 
and improving agencies’ work practices. 
‘‘(c) ESTABLISHMENT OF PERFORMANCE MEASURES.— 
‘‘(1) IN GENERAL.—Not later than 18 months after the date 
of enactment of the MAP–21, the Secretary, in consultation 
with State departments of transportation, metropolitan plan-
ning organizations, and other stakeholders, shall promulgate 
a rulemaking that establishes performance measures and 
standards. 
‘‘(2) ADMINISTRATION.—In carrying out paragraph (1), the 
Secretary shall— 
‘‘(A) provide States, metropolitan planning organiza-
tions, and other stakeholders not less than 90 days to 
comment on any regulation proposed by the Secretary 
under that paragraph; 
‘‘(B) take into consideration any comments relating 
to a proposed regulation received during that comment 
period; and 
‘‘(C) limit performance measures only to those 
described in this subsection. 
‘‘(3) NATIONAL HIGHWAY PERFORMANCE PROGRAM.— 
‘‘(A) IN
GENERAL.—Subject to subparagraph (B), for 
the purpose of carrying out section 119, the Secretary shall 
establish— 
‘‘(i) minimum standards for States to use in devel-
oping and operating bridge and pavement management 
systems; 
‘‘(ii) measures for States to use to assess— 
‘‘(I) the condition of pavements on the Inter-
state system; 
‘‘(II) the condition of pavements on the 
National Highway System (excluding the Inter-
state); 
‘‘(III) the condition of bridges on the National 
Highway System; 
‘‘(IV) the performance of the Interstate 
System; and
H. R. 4348—122 
‘‘(V) the performance of the National Highway 
System (excluding the Interstate System); 
‘‘(iii) minimum levels for the condition of pavement 
on the Interstate System, only for the purposes of 
carrying out section 119(f)(1); and 
‘‘(iv) the data elements that are necessary to collect 
and maintain standardized data to carry out a perform-
ance-based approach. 
‘‘(B) REGIONS.—In establishing minimum condition 
levels under subparagraph (A)(iii), if the Secretary deter-
mines that various geographic regions of the United States 
experience disparate factors contributing to the condition 
of pavement on the Interstate System in those regions, 
the Secretary may establish different minimum levels for 
each region; 
‘‘(4) HIGHWAY
SAFETY
IMPROVEMENT
PROGRAM.—For the 
purpose of carrying out section 148, the Secretary shall estab-
lish measures for States to use to assess— 
‘‘(A) serious injuries and fatalities per vehicle mile 
traveled; and 
‘‘(B) the number of serious injuries and fatalities. 
‘‘(5) CONGESTION MITIGATION AND AIR QUALITY PROGRAM.— 
For the purpose of carrying out section 149, the Secretary 
shall establish measures for States to use to assess— 
‘‘(A) traffic congestion; and 
‘‘(B) on-road mobile source emissions. 
‘‘(6) NATIONAL FREIGHT MOVEMENT.—The Secretary shall 
establish measures for States to use to assess freight movement 
on the Interstate System. 
‘‘(d) ESTABLISHMENT OF PERFORMANCE TARGETS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after the Secretary 
has promulgated the final rulemaking under subsection (c), 
each State shall set performance targets that reflect the meas-
ures identified in paragraphs (3), (4), (5), and (6) of subsection 
(c). 
‘‘(2) 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. 
‘‘(e) REPORTING ON PERFORMANCE TARGETS.—Not later than 
4 years after the date of enactment of the MAP–21 and biennially 
thereafter, a State shall submit to the Secretary a report that 
describes— 
‘‘(1) the condition and performance of the National Highway 
System in the State; 
‘‘(2) the effectiveness of the investment strategy document 
in the State asset management plan for the National Highway 
System; 
‘‘(3) progress in achieving performance targets identified 
under subsection (d); and 
‘‘(4) the ways in which the State is addressing congestion 
at freight bottlenecks, including those identified in the National 
Freight Strategic Plan, within the State.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of 
title 23, United States Code, is amended by striking the item 
relating to section 150 and inserting the following: 
‘‘150. National goals and performance management measures.’’.
H. R. 4348—123 
Subtitle C—Acceleration of Project 
Delivery 
SEC. 1301. DECLARATION OF POLICY AND PROJECT DELIVERY INITIA-
TIVE. 
(a) IN GENERAL.—It is the policy of the United States that— 
(1) it is in the national interest for the Department, State 
departments of transportation, transit agencies, and all other 
recipients of Federal transportation funds— 
(A) to accelerate project delivery and reduce costs; and 
(B) to ensure that the planning, design, engineering, 
construction, and financing of transportation projects is 
done in an efficient and effective manner, promoting 
accountability for public investments and encouraging 
greater private sector involvement in project financing and 
delivery while enhancing safety and protecting the environ-
ment; 
(2) delay in the delivery of transportation projects increases 
project costs, harms the economy of the United States, and 
impedes the travel of the people of the United States and 
the shipment of goods for the conduct of commerce; and 
(3) the Secretary shall identify and promote the deployment 
of innovation aimed at reducing the time and money required 
to deliver transportation projects while enhancing safety and 
protecting the environment. 
(b) PROJECT DELIVERY INITIATIVE.— 
(1) IN GENERAL.—To advance the policy described in sub-
section (a), the Secretary shall carry out a project delivery 
initiative under this section. 
(2) PURPOSES.—The purposes of the project delivery initia-
tive shall be— 
(A) to develop and advance the use of best practices 
to accelerate project delivery and reduce costs across all 
modes of transportation and expedite the deployment of 
technology and innovation; 
(B) to implement provisions of law designed to accel-
erate project delivery; and 
(C) to select eligible projects for applying experimental 
features to test innovative project delivery techniques. 
(3) ADVANCING THE USE OF BEST PRACTICES.— 
(A) IN GENERAL.—In carrying out the initiative under 
this section, the Secretary shall identify and advance best 
practices to reduce delivery time and project costs, from 
planning through construction, for transportation projects 
and programs of projects regardless of mode and project 
size. 
(B) ADMINISTRATION.—To advance the use of best prac-
tices, the Secretary shall— 
(i) engage interested parties, affected communities, 
resource agencies, and other stakeholders to gather 
information regarding opportunities for accelerating 
project delivery and reducing costs; 
(ii) establish a clearinghouse for the collection, 
documentation, and advancement of existing and new 
innovative approaches and best practices;
H. R. 4348—124 
(iii) disseminate information through a variety of 
means to transportation stakeholders on new innova-
tive approaches and best practices; and 
(iv) provide technical assistance to assist transpor-
tation stakeholders in the use of flexibility authority 
to resolve project delays and accelerate project delivery 
if feasible. 
(4) IMPLEMENTATION OF ACCELERATED PROJECT DELIVERY.— 
The Secretary shall ensure that the provisions of this subtitle 
designed to accelerate project delivery are fully implemented, 
including— 
(A) expanding eligibility of early acquisition of property 
prior to completion of environmental review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.); 
(B) allowing the use of the construction manager or 
general contractor method of contracting in the Federal- 
aid highway system; and 
(C) establishing a demonstration program to streamline 
the relocation process by permitting a lump-sum payment 
for acquisition and relocation if elected by the displaced 
occupant. 
(c) EXPEDITED PROJECT DELIVERY.—Section 101(b) of title 23, 
United States Code, is amended by adding at the end the following: 
‘‘(4) EXPEDITED PROJECT DELIVERY.— 
‘‘(A) IN GENERAL.—Congress declares that it is in the 
national interest to expedite the delivery of surface 
transportation projects by substantially reducing the aver-
age length of the environmental review process. 
‘‘(B) POLICY OF THE UNITED STATES.—Accordingly, it 
is the policy of the United States that— 
‘‘(i) the Secretary shall have the lead role among 
Federal agencies in carrying out the environmental 
review process for surface transportation projects; 
‘‘(ii) each Federal agency shall cooperate with the 
Secretary to expedite the environmental review process 
for surface transportation projects; 
‘‘(iii) project sponsors shall not be prohibited from 
carrying out preconstruction project development 
activities concurrently with the environmental review 
process; 
‘‘(iv) programmatic approaches shall be used to 
reduce the need for project-by-project reviews and 
decisions by Federal agencies; and 
‘‘(v) the Secretary shall identify opportunities for 
project sponsors to assume responsibilities of the Sec-
retary where such responsibilities can be assumed in 
a manner that protects public health, the environment, 
and public participation.’’. 
SEC. 1302. ADVANCE ACQUISITION OF REAL PROPERTY INTERESTS. 
(a) REAL PROPERTY INTERESTS.—Section 108 of title 23, United 
States Code, is amended— 
(1) by striking ‘‘real property’’ each place it appears and 
inserting ‘‘real property interests’’; 
(2) by striking ‘‘right-of-way’’ each place it appears and 
inserting ‘‘real property interest’’; and
H. R. 4348—125 
(3) by striking ‘‘rights-of-way’’ each place it appears and 
inserting ‘‘real property interests’’. 
(b) STATE-FUNDED EARLY ACQUISITION
OF REAL PROPERTY 
INTERESTS.—Section 108(c) of title 23, United States Code, is 
amended— 
(1) in the subsection heading, by striking ‘‘EARLY ACQUISI-
TION OF RIGHTS-OF-WAY’’ and inserting ‘‘STATE-FUNDED EARLY 
ACQUISITION OF REAL PROPERTY INTERESTS’’; 
(2) by redesignating paragraphs (1) and (2) as paragraphs 
(2) and (3), respectively; 
(3) in paragraph (2) (as so redesignated)— 
(A) in the heading, by striking ‘‘GENERAL RULE’’ and 
inserting ‘‘ELIGIBILITY FOR REIMBURSEMENT’’; and 
(B) by striking ‘‘Subject to paragraph (2)’’ and inserting 
‘‘Subject to paragraph (3)’’; 
(4) by inserting before paragraph (2) (as so redesignated) 
the following: 
‘‘(1) IN GENERAL.—A State may carry out, at the expense 
of the State, acquisitions of interests in real property for a 
project before completion of the review process required for 
the project under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) without affecting subsequent 
approvals required for the project by the State or any Federal 
agency.’’; and 
(5) in paragraph (3) (as so redesignated)— 
(A) in the matter preceding subparagraph (A), by 
striking ‘‘in paragraph (1)’’ and inserting ‘‘in paragraph 
(2)’’; and 
(B) in subparagraph (G), by striking ‘‘both the Sec-
retary and the Administrator of the Environmental Protec-
tion Agency have concurred’’ and inserting ‘‘the Secretary 
has determined’’. 
(c) FEDERALLY
FUNDED
ACQUISITION
OF
REAL
PROPERTY 
INTERESTS.—Section 108 of title 23, United States Code, is amended 
by adding at the end the following: 
‘‘(d) FEDERALLY FUNDED EARLY ACQUISITION OF REAL PROPERTY 
INTERESTS.— 
‘‘(1) DEFINITION
OF
ACQUISITION
OF
A
REAL
PROPERTY 
INTEREST.—In this subsection, the term ‘acquisition of a real 
property interest’ includes the acquisition of— 
‘‘(A) any interest in land; 
‘‘(B) a contractual right to acquire any interest in land; 
or 
‘‘(C) any other similar action to acquire or preserve 
rights-of-way for a transportation facility. 
‘‘(2) AUTHORIZATION.—The Secretary may authorize the use 
of funds apportioned to a State under this title for the acquisi-
tion of a real property interest by a State. 
‘‘(3) STATE
CERTIFICATION.—A State requesting Federal 
funding for an acquisition of a real property interest shall 
certify in writing, with concurrence by the Secretary, that— 
‘‘(A) the State has authority to acquire the real property 
interest under State law; and 
‘‘(B) the acquisition of the real property interest— 
‘‘(i) is for a transportation purpose; 
‘‘(ii) will not cause any significant adverse environ-
mental impact;
H. R. 4348—126 
‘‘(iii) will not limit the choice of reasonable alter-
natives for the project or otherwise influence the deci-
sion of the Secretary on any approval required for 
the project; 
‘‘(iv) does not prevent the lead agency from making 
an impartial decision as to whether to accept an alter-
native that is being considered in the environmental 
review process; 
‘‘(v) is consistent with the State transportation 
planning process under section 135; 
‘‘(vi) complies with other applicable Federal laws 
(including regulations); 
‘‘(vii) will be acquired through negotiation, without 
the threat of condemnation; and 
‘‘(viii) will not result in a reduction or elimination 
of benefits or assistance to a displaced person required 
by the Uniform Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970 (42 U.S.C. 4601 
et seq.) and title VI of the Civil Rights Act of 1964 
(42 U.S.C. 2000d et seq.). 
‘‘(4) ENVIRONMENTAL COMPLIANCE.— 
‘‘(A) IN GENERAL.—Before authorizing Federal funding 
for an acquisition of a real property interest, the Secretary 
shall complete the review process under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
with respect to the acquisition of the real property interest. 
‘‘(B) INDEPENDENT UTILITY.—The acquisition of a real 
property interest— 
‘‘(i) shall be treated as having independent utility 
for purposes of the review process under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); and 
‘‘(ii) shall not limit consideration of alternatives 
for future transportation improvements with respect 
to the real property interest. 
‘‘(5) PROGRAMMING.— 
‘‘(A) IN GENERAL.—The acquisition of a real property 
interest for which Federal funding is requested shall be 
included as a project in an applicable transportation 
improvement program under sections 134 and 135 and 
sections 5303 and 5304 of title 49. 
‘‘(B) ACQUISITION
PROJECT.—The acquisition project 
may consist of the acquisition of a specific parcel, a portion 
of a transportation corridor, or an entire transportation 
corridor. 
‘‘(6) DEVELOPMENT.—Real property interests acquired 
under this subsection may not be developed in anticipation 
of a project until all required environmental reviews for the 
project have been completed. 
‘‘(7) REIMBURSEMENT.—If Federal-aid reimbursement is 
made for real property interests acquired early under this sec-
tion and the real property interests are not subsequently incor-
porated into a project eligible for surface transportation funds 
within the time allowed by subsection (a)(2), the Secretary 
shall offset the amount reimbursed against funds apportioned 
to the State. 
‘‘(8) OTHER REQUIREMENTS AND CONDITIONS.—
H. R. 4348—127 
‘‘(A) APPLICABLE LAW.—The acquisition of a real prop-
erty interest shall be carried out in compliance with all 
requirements applicable to the acquisition of real property 
interests for federally funded transportation projects. 
‘‘(B) ADDITIONAL
CONDITIONS.—The Secretary may 
establish such other conditions or restrictions on acquisi-
tions under this subsection as the Secretary determines 
to be appropriate.’’. 
SEC. 1303. LETTING OF CONTRACTS. 
(a) EFFICIENCIES IN CONTRACTING.—Section 112(b) of title 23, 
United States Code, is amended by adding at the end the following: 
‘‘(4) METHOD OF CONTRACTING.— 
‘‘(A) IN GENERAL.— 
‘‘(i) 2-PHASE CONTRACT.—A contracting agency may 
award a 2-phase contract to a construction manager 
or general contractor for preconstruction and construc-
tion services. 
‘‘(ii) PRECONSTRUCTION
SERVICES
PHASE.—In the 
preconstruction services phase of a contract under this 
paragraph, the contractor shall provide the contracting 
agency with advice for scheduling, work sequencing, 
cost engineering, constructability, cost estimating, and 
risk identification. 
‘‘(iii) AGREEMENT.—Prior to the start of the 
construction services phase, the contracting agency and 
the contractor may agree to a price and other factors 
specified in regulation for the construction of the 
project or a portion of the project. 
‘‘(iv) CONSTRUCTION
PHASE.—If an agreement is 
reached under clause (iii), the contractor shall be 
responsible for the construction of the project or portion 
of the project at the negotiated price and in compliance 
with the other factors specified in the agreement. 
‘‘(B) SELECTION.—A contract shall be awarded to a 
contractor under this paragraph using a competitive selec-
tion process based on qualifications, experience, best value, 
or any other combination of factors considered appropriate 
by the contracting agency. 
‘‘(C) TIMING.— 
‘‘(i) RELATIONSHIP TO NEPA PROCESS.—Prior to the 
completion of the environmental review process 
required under section 102 of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332), a con-
tracting agency may— 
‘‘(I) issue requests for proposals; 
‘‘(II) proceed with the award of a contract for 
preconstruction 
services 
under 
subparagraph 
(A)(ii); and 
‘‘(III) issue notices to proceed with a prelimi-
nary design and any work related to preliminary 
design, to the extent that those actions do not 
limit any reasonable range of alternatives. 
‘‘(ii) CONSTRUCTION
SERVICES
PHASE.—A con-
tracting agency shall not proceed with the award of 
the construction services phase of a contract under 
subparagraph (A)(iv) and shall not proceed, or permit
H. R. 4348—128 
any consultant or contractor to proceed, with final 
design or construction until completion of the environ-
mental review process required under section 102 of 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4332). 
‘‘(iii) APPROVAL
REQUIREMENT.—Prior to author-
izing construction activities, the Secretary shall 
approve— 
‘‘(I) the price estimate of the contracting 
agency for the entire project; and 
‘‘(II) any price agreement with the general 
contractor for the project or a portion of the project. 
‘‘(iv) DESIGN ACTIVITIES.— 
‘‘(I) IN GENERAL.—A contracting agency may 
proceed, at the expense of the contracting agency, 
with design activities at any level of detail for 
a project before completion of the review process 
required for the project under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) without affecting subsequent approvals 
required for the project. 
‘‘(II) REIMBURSEMENT.—Design activities car-
ried out under subclause (I) shall be eligible for 
Federal reimbursement as a project expense in 
accordance with the requirements under section 
109(r). 
‘‘(v) TERMINATION PROVISION.—The Secretary shall 
require a contract to include an appropriate termi-
nation provision in the event that a no-build alter-
native is selected.’’. 
(b) REGULATIONS.—The Secretary shall promulgate such regula-
tions as are necessary to carry out the amendment made by sub-
section (a). 
(c) EFFECT ON EXPERIMENTAL PROGRAM.—Nothing in this sec-
tion or the amendment made by this section affects the authority 
to carry out, or any project carried out under, any experimental 
program concerning construction manager risk that is being carried 
out by the Secretary as of the date of enactment of this Act. 
SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS. 
(a) DECLARATION OF POLICY.— 
(1) IN
GENERAL.—Congress declares that it is in the 
national interest to promote the use of innovative technologies 
and practices that increase the efficiency of construction of, 
improve the safety of, and extend the service life of highways 
and bridges. 
(2) INCLUSIONS.—The innovative technologies and practices 
described in paragraph (1) include state-of-the-art intelligent 
transportation system technologies, elevated performance 
standards, and new highway construction business practices 
that improve highway safety and quality, accelerate project 
delivery, and reduce congestion related to highway construction. 
(b) FEDERAL SHARE.—Section 120(c) of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘(3) INNOVATIVE PROJECT DELIVERY.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(C), the Federal share payable on account of a project,
H. R. 4348—129 
program, or activity carried out with funds apportioned 
under paragraph (1), (2), or (5) of section 104(b) may, 
at the discretion of the State, be up to 100 percent for 
any such project, program, or activity that the Secretary 
determines— 
‘‘(i) contains innovative project delivery methods 
that improve work zone safety for motorists or workers 
and the quality of the facility; 
‘‘(ii) contains innovative technologies, manufac-
turing processes, financing, or contracting methods 
that improve the quality of, extend the service life 
of, or decrease the long-term costs of maintaining high-
ways and bridges; 
‘‘(iii) accelerates project delivery while complying 
with other applicable Federal laws (including regula-
tions) and not causing any significant adverse environ-
mental impact; or 
‘‘(iv) reduces congestion related to highway 
construction. 
‘‘(B) EXAMPLES.—Projects, programs, and activities 
described in subparagraph (A) may include the use of— 
‘‘(i) prefabricated bridge elements and systems and 
other technologies to reduce bridge construction time; 
‘‘(ii) innovative construction equipment, materials, 
or techniques, including the use of in-place recycling 
technology and digital 3-dimensional modeling tech-
nologies; 
‘‘(iii) innovative contracting methods, including the 
design-build and the construction manager-general 
contractor contracting methods; 
‘‘(iv) intelligent compaction equipment; or 
‘‘(v) contractual provisions that offer a contractor 
an incentive payment for early completion of the 
project, program, or activity, subject to the condition 
that the incentives are accounted for in the financial 
plan of the project, when applicable. 
‘‘(C) LIMITATIONS.— 
‘‘(i) IN GENERAL.—In each fiscal year, a State may 
use the authority under subparagraph (A) for up to 
10 percent of the combined apportionments of the State 
under paragraphs (1), (2), and (5) of section 104(b). 
‘‘(ii) FEDERAL SHARE INCREASE.—The Federal share 
payable on account of a project, program, or activity 
described in subparagraph (A) may be increased by 
up to 5 percent of the total project cost.’’. 
SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT 
DECISIONMAKING. 
(a) FLEXIBILITY.—Section 139(b) of title 23, United States Code, 
is amended— 
(1) in paragraph (2) by inserting ‘‘, and any requirements 
established under this section may be satisfied,’’ after ‘‘exer-
cised’’; and 
(2) by adding at the end the following: 
‘‘(3) PROGRAMMATIC COMPLIANCE.—
H. R. 4348—130 
‘‘(A) IN GENERAL.—The Secretary shall initiate a rule-
making to allow for the use of programmatic approaches 
to conduct environmental reviews that— 
‘‘(i) eliminate repetitive discussions of the same 
issues; 
‘‘(ii) focus on the actual issues ripe for analyses 
at each level of review; and 
‘‘(iii) are consistent with— 
‘‘(I) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); and 
‘‘(II) other applicable laws. 
‘‘(B) REQUIREMENTS.—In carrying out subparagraph 
(A), the Secretary shall— 
‘‘(i) before initiating the rulemaking under that 
subparagraph, consult with relevant Federal agencies 
and State resource agencies, State departments of 
transportation, Indian tribes, and the public on the 
appropriate use and scope of the programmatic 
approaches; 
‘‘(ii) emphasize the importance of collaboration 
among relevant Federal agencies, State agencies, and 
Indian tribes in undertaking programmatic reviews, 
especially with respect to including reviews with a 
broad geographic scope; 
‘‘(iii) ensure that the programmatic reviews— 
‘‘(I) promote transparency, including of the 
analyses and data used in the environmental 
reviews, the treatment of any deferred issues 
raised by agencies or the public, and the temporal 
and special scales to be used to analyze such 
issues; 
‘‘(II) use accurate and timely information in 
reviews, including— 
‘‘(aa) criteria for determining the general 
duration of the usefulness of the review; and 
‘‘(bb) the timeline for updating any out- 
of-date review; 
‘‘(III) describe— 
‘‘(aa) 
the 
relationship 
between 
pro-
grammatic analysis and future tiered analysis; 
and 
‘‘(bb) the role of the public in the creation 
of future tiered analysis; and 
‘‘(IV) are available to other relevant Federal 
and State agencies, Indian tribes, and the public; 
‘‘(iv) allow not fewer than 60 days of public notice 
and comment on any proposed rule; and 
‘‘(v) address any comments received under clause 
(iv).’’. 
(b) FEDERAL LEAD AGENCY.—Section 139(c) of title 23, United 
States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘The Department of Transportation’’ 
and inserting the following: 
‘‘(A) IN GENERAL.—The Department of Transportation’’; 
and 
(B) by adding at the end the following:
H. R. 4348—131 
‘‘(B) MODAL ADMINISTRATION.—If the project requires 
approval from more than 1 modal administration within 
the Department, the Secretary may designate a single 
modal administration to serve as the Federal lead agency 
for the Department in the environmental review process 
for the project.’’. 
(c) PARTICIPATING AGENCIES.—Section 139(d) of title 23, United 
States Code, is amended— 
(1) by striking paragraph (4) and inserting the following: 
‘‘(4) EFFECT OF DESIGNATION.— 
‘‘(A) REQUIREMENT.—A participating agency shall 
comply with the requirements of this section. 
‘‘(B) IMPLICATION.—Designation as a participating 
agency under this subsection shall not imply that the 
participating agency— 
‘‘(i) supports a proposed project; or 
‘‘(ii) has any jurisdiction over, or special expertise 
with respect to evaluation of, the project.’’; and 
(2) by striking paragraph (7) and inserting the following: 
‘‘(7) CONCURRENT REVIEWS.—Each participating agency and 
cooperating agency shall— 
‘‘(A) carry out the obligations of that agency under 
other applicable law concurrently, and in conjunction, with 
the review required under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing 
so would impair the ability of the Federal agency to conduct 
needed analysis or otherwise carry out those obligations; 
and 
‘‘(B) formulate and implement administrative, policy, 
and procedural mechanisms to enable the agency to ensure 
completion of the environmental review process in a timely, 
coordinated, and environmentally responsible manner.’’. 
(d) PROJECT INITIATION.—Section 139(e) of title 23, United 
States Code, is amended— 
(1) by striking ‘‘The project sponsor’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—The project sponsor’’; and 
(2) by adding at the end the following: 
‘‘(2) SUBMISSION OF DOCUMENTS.—The project sponsor may 
satisfy the requirement under paragraph (1) by submitting 
to the Secretary any relevant documents containing the 
information described in that paragraph, including a draft 
notice for publication in the Federal Register announcing the 
preparation of an environmental review for the project.’’. 
(e) COORDINATION AND SCHEDULING.—Section 139(g)(1)(B)(i) of 
title 23, United States Code, is amended by inserting ‘‘and the 
concurrence of’’ after ‘‘consultation with’’. 
SEC. 1306. ACCELERATED DECISIONMAKING. 
Section 139(h) of title 23, United States Code, is amended 
by striking paragraph (4) and inserting the following: 
‘‘(4) 
INTERIM
DECISION
ON
ACHIEVING
ACCELERATED 
DECISIONMAKING.— 
‘‘(A) IN GENERAL.—Not later than 30 days after the 
close of the public comment period on a draft environmental 
impact statement, the Secretary may convene a meeting 
with the project sponsor, lead agency, resource agencies,
H. R. 4348—132 
and any relevant State agencies to ensure that all parties 
are on schedule to meet deadlines for decisions to be made 
regarding the project. 
‘‘(B) DEADLINES.—The deadlines referred to in subpara-
graph (A) shall be those established under subsection (g), 
or any other deadlines established by the lead agency, 
in consultation with the project sponsor and other relevant 
agencies. 
‘‘(C) FAILURE
TO
ASSURE.—If the relevant agencies 
cannot provide reasonable assurances that the deadlines 
described in subparagraph (B) will be met, the Secretary 
may initiate the issue resolution and referral process 
described under paragraph (5) and before the completion 
of the record of decision. 
‘‘(5) ACCELERATED ISSUE RESOLUTION AND REFERRAL.— 
‘‘(A) AGENCY ISSUE RESOLUTION MEETING.— 
‘‘(i) IN GENERAL.—A Federal agency of jurisdiction, 
project sponsor, or the Governor of a State in which 
a project is located may request an issue resolution 
meeting to be conducted by the lead agency. 
‘‘(ii) ACTION BY LEAD AGENCY.—The lead agency 
shall convene an issue resolution meeting under clause 
(i) with the relevant participating agencies and the 
project sponsor, including the Governor only if the 
meeting was requested by the Governor, to resolve 
issues that could— 
‘‘(I) delay completion of the environmental 
review process; or 
‘‘(II) result in denial of any approvals required 
for the project under applicable laws. 
‘‘(iii) DATE.—A meeting requested under this 
subparagraph shall be held by not later than 21 days 
after the date of receipt of the request for the meeting, 
unless the lead agency determines that there is good 
cause to extend the time for the meeting. 
‘‘(iv) NOTIFICATION.—On receipt of a request for 
a meeting under this subparagraph, the lead agency 
shall notify all relevant participating agencies of the 
request, including the issue to be resolved, and the 
date for the meeting. 
‘‘(v) DISPUTES.—If a relevant participating agency 
with jurisdiction over an approval required for a project 
under applicable law determines that the relevant 
information necessary to resolve the issue has not been 
obtained and could not have been obtained within a 
reasonable time, but the lead agency disagrees, the 
resolution of the dispute shall be forwarded to the 
heads of the relevant agencies for resolution. 
‘‘(vi) CONVENTION BY LEAD AGENCY.—A lead agency 
may convene an issue resolution meeting under this 
subsection at any time without the request of the Fed-
eral agency of jurisdiction, project sponsor, or the Gov-
ernor of a State. 
‘‘(B) ELEVATION OF ISSUE RESOLUTION.— 
‘‘(i) IN
GENERAL.—If issue resolution is not 
achieved by not later than 30 days after the date 
of a relevant meeting under subparagraph (A), the
H. R. 4348—133 
Secretary shall notify the lead agency, the heads of 
the relevant participating agencies, and the project 
sponsor (including the Governor only if the initial issue 
resolution meeting request came from the Governor) 
that an issue resolution meeting will be convened. 
‘‘(ii) REQUIREMENTS.—The Secretary shall identify 
the issues to be addressed at the meeting and convene 
the meeting not later than 30 days after the date 
of issuance of the notice. 
‘‘(C) REFERRAL OF ISSUE RESOLUTION.— 
‘‘(i) REFERRAL
TO
COUNCIL
ON
ENVIRONMENTAL 
QUALITY.— 
‘‘(I) IN GENERAL.—If resolution is not achieved 
by not later than 30 days after the date of an 
issue resolution meeting under subparagraph (B), 
the Secretary shall refer the matter to the Council 
on Environmental Quality. 
‘‘(II) MEETING.—Not later than 30 days after 
the date of receipt of a referral from the Secretary 
under subclause (I), the Council on Environmental 
Quality shall hold an issue resolution meeting with 
the lead agency, the heads of relevant participating 
agencies, and the project sponsor (including the 
Governor only if an initial request for an issue 
resolution meeting came from the Governor). 
‘‘(ii) REFERRAL TO THE PRESIDENT.—If a resolution 
is not achieved by not later than 30 days after the 
date of the meeting convened by the Council on 
Environmental Quality under clause (i)(II), the Sec-
retary shall refer the matter directly to the President. 
‘‘(6) FINANCIAL PENALTY PROVISIONS.— 
‘‘(A) IN GENERAL.—A Federal agency of jurisdiction over 
an approval required for a project under applicable laws 
shall complete any required approval on an expeditious 
basis using the shortest existing applicable process. 
‘‘(B) FAILURE TO DECIDE.— 
‘‘(i) IN
GENERAL.—If an agency described in 
subparagraph (A) fails to render a decision under any 
Federal law relating to a project that requires the 
preparation of an environmental impact statement or 
environmental assessment, including the issuance or 
denial of a permit, license, or other approval by the 
date described in clause (ii), an amount of funding 
equal to the amounts specified in subclause (I) or (II) 
shall be rescinded from the applicable office of the 
head of the agency, or equivalent office to which the 
authority for rendering the decision has been delegated 
by law by not later than 1 day after the applicable 
date under clause (ii), and once each week thereafter 
until a final decision is rendered, subject to subpara-
graph (C)— 
‘‘(I) $20,000 for any project for which an 
annual financial plan under section 106(i) is 
required; or 
‘‘(II) $10,000 for any other project requiring 
preparation of an environmental assessment or 
environmental impact statement.
H. R. 4348—134 
‘‘(ii) DESCRIPTION OF DATE.—The date referred to 
in clause (i) is the later of— 
‘‘(I) the date that is 180 days after the date 
on which an application for the permit, license, 
or approval is complete; and 
‘‘(II) the date that is 180 days after the date 
on which the Federal lead agency issues a decision 
on the project under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(C) LIMITATIONS.— 
‘‘(i) IN
GENERAL.—No rescission of funds under 
subparagraph (B) relating to an individual project shall 
exceed, in any fiscal year, an amount equal to 2.5 
percent of the funds made available for the applicable 
agency office. 
‘‘(ii) FAILURE
TO
DECIDE.—The total amount 
rescinded in a fiscal year as a result of a failure by 
an agency to make a decision by an applicable deadline 
shall not exceed an amount equal to 7 percent of the 
funds made available for the applicable agency office 
for that fiscal year. 
‘‘(D) NO FAULT OF AGENCY.—A rescission of funds under 
this paragraph shall not be made if the lead agency for 
the project certifies that— 
‘‘(i) the agency has not received necessary informa-
tion or approvals from another entity, such as the 
project sponsor, in a manner that affects the ability 
of the agency to meet any requirements under State, 
local, or Federal law; or 
‘‘(ii) significant new information or circumstances, 
including a major modification to an aspect of the 
project, requires additional analysis for the agency to 
make a decision on the project application. 
‘‘(E) LIMITATION.—The Federal agency with jurisdiction 
for the decision from which funds are rescinded pursuant 
to this paragraph shall not reprogram funds to the office 
of the head of the agency, or equivalent office, to reimburse 
that office for the loss of the funds. 
‘‘(F) AUDITS.—In any fiscal year in which any funds 
are rescinded from a Federal agency pursuant to this para-
graph, the Inspector General of that agency shall— 
‘‘(i) conduct an audit to assess compliance with 
the requirements of this paragraph; and 
‘‘(ii) not later than 120 days after the end of the 
fiscal year during which the rescission occurred, submit 
to the Committee on Environment and Public Works 
of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives 
a report describing the reasons why the transfers were 
levied, including allocations of resources. 
‘‘(G) EFFECT
OF
PARAGRAPH.—Nothing in this para-
graph affects or limits the application of, or obligation 
to comply with, any Federal, State, local, or tribal law. 
‘‘(7) EXPEDIENT DECISIONS AND REVIEWS.—To ensure that 
Federal environmental decisions and reviews are expeditiously 
made—
H. R. 4348—135 
‘‘(A) adequate resources made available under this title 
shall be devoted to ensuring that applicable environmental 
reviews under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) are completed on an expedi-
tious basis and that the shortest existing applicable process 
under that Act is implemented; and 
‘‘(B) the President shall submit to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and 
Public Works of the Senate, not less frequently than once 
every 120 days after the date of enactment of the MAP– 
21, a report on the status and progress of the following 
projects and activities funded under this title with respect 
to compliance with applicable requirements under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.): 
‘‘(i) Projects and activities required to prepare an 
annual financial plan under section 106(i). 
‘‘(ii) A sample of not less than 5 percent of the 
projects requiring preparation of an environmental 
impact statement or environmental assessment in each 
State.’’. 
SEC. 1307. ASSISTANCE TO AFFECTED FEDERAL AND STATE AGENCIES. 
Section 139(j) of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘(6) MEMORANDUM OF UNDERSTANDING.—Prior to providing 
funds approved by the Secretary for dedicated staffing at an 
affected Federal agency under paragraphs (1) and (2), the 
affected Federal agency and the State agency shall enter into 
a memorandum of understanding that establishes the projects 
and priorities to be addressed by the use of the funds.’’. 
SEC. 1308. LIMITATIONS ON CLAIMS. 
Section 139(l) of title 23, United States Code, is amended— 
(1) in paragraph (1) by striking ‘‘180 days’’ and inserting 
‘‘150 days’’; and 
(2) in paragraph (2) by striking ‘‘180 days’’ and inserting 
‘‘150 days’’. 
SEC. 1309. ACCELERATING COMPLETION OF COMPLEX PROJECTS 
WITHIN 4 YEARS. 
Section 139 of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘(m) ENHANCED TECHNICAL ASSISTANCE
AND ACCELERATED 
PROJECT COMPLETION.— 
‘‘(1) DEFINITION OF COVERED PROJECT.—In this subsection, 
the term ‘covered project’ means a project— 
‘‘(A) that has an ongoing environmental impact state-
ment under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.); and 
‘‘(B) for which at least 2 years, beginning on the date 
on which a notice of intent is issued, have elapsed without 
the issuance of a record of decision. 
‘‘(2) TECHNICAL ASSISTANCE.—At the request of a project 
sponsor or the Governor of a State in which a project is located, 
the Secretary shall provide additional technical assistance to
H. R. 4348—136 
resolve for a covered project any outstanding issues and project 
delay, including by— 
‘‘(A) providing additional staff, training, and expertise; 
‘‘(B) facilitating interagency coordination; 
‘‘(C) promoting more efficient collaboration; and 
‘‘(D) supplying specialized onsite assistance. 
‘‘(3) SCOPE OF WORK.— 
‘‘(A) IN
GENERAL.—In providing technical assistance 
for a covered project under this subsection, the Secretary 
shall establish a scope of work that describes the actions 
that the Secretary will take to resolve the outstanding 
issues and project delays, including establishing a schedule 
under subparagraph (B). 
‘‘(B) SCHEDULE.— 
‘‘(i) IN
GENERAL.—The Secretary shall establish 
and meet a schedule for the completion of any permit, 
approval, review, or study, required for the covered 
project by the date that is not later than 4 years 
after the date on which a notice of intent for the 
covered project is issued. 
‘‘(ii) INCLUSIONS.—The schedule under clause (i) 
shall— 
‘‘(I) comply with all applicable laws; 
‘‘(II) require the concurrence of the Council 
on Environmental Quality and each participating 
agency for the project with the State in which 
the project is located or the project sponsor, as 
applicable; and 
‘‘(III) reflect any new information that becomes 
available and any changes in circumstances that 
may result in new significant impacts that could 
affect the timeline for completion of any permit, 
approval, review, or study required for the covered 
project. 
‘‘(4) CONSULTATION.—In providing technical assistance for 
a covered project under this subsection, the Secretary shall 
consult, if appropriate, with resource and participating agencies 
on all methods available to resolve the outstanding issues and 
project delays for a covered project as expeditiously as possible. 
‘‘(5) ENFORCEMENT.— 
‘‘(A) IN GENERAL.—All provisions of this section shall 
apply to this subsection, including the financial penalty 
provisions under subsection (h)(6). 
‘‘(B) RESTRICTION.—If the Secretary enforces this sub-
section under subsection (h)(6), the Secretary may use a 
date included in a schedule under paragraph (3)(B) that 
is created pursuant to and is in compliance with this sub-
section in lieu of the dates under subsection (h)(6)(B)(ii).’’. 
SEC. 
1310. 
INTEGRATION 
OF 
PLANNING 
AND 
ENVIRONMENTAL 
REVIEW. 
(a) IN GENERAL.—Chapter 1 of title 23, United States Code 
(as amended by section 1115(a)), is amended by adding at the 
end the following:
H. R. 4348—137 
‘‘§ 168. Integration of planning and environmental review 
‘‘(a) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The term ‘environ-
mental review process’ means the process for preparing for 
a project an environmental impact statement, environmental 
assessment, categorical exclusion, or other document prepared 
under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
‘‘(2) PLANNING
PRODUCT.—The term ‘planning product’ 
means a detailed and timely decision, analysis, study, or other 
documented information that— 
‘‘(A) is the result of an evaluation or decisionmaking 
process 
carried 
out 
during 
transportation 
planning, 
including a detailed corridor plan or a transportation plan 
developed under section 134 that fully analyzes impacts 
on mobility, adjacent communities, and the environment; 
‘‘(B) is intended to be carried into the transportation 
project development process; and 
‘‘(C) has been approved by the State, all local and 
tribal governments where the project is located, and by 
any relevant metropolitan planning organization. 
‘‘(3) PROJECT.—The term ‘project’ has the meaning given 
the term in section 139(a). 
‘‘(4) PROJECT SPONSOR.—The term ‘project sponsor’ has the 
meaning given the term in section 139(a). 
‘‘(b) ADOPTION OF PLANNING PRODUCTS FOR USE IN NEPA PRO-
CEEDINGS.— 
‘‘(1) IN GENERAL.—Subject to the conditions set forth in 
subsection (d), the Federal lead agency for a project may adopt 
and use a planning product in proceedings relating to any 
class of action in the environmental review process of the 
project. 
‘‘(2) IDENTIFICATION.—When the Federal lead agency makes 
a determination to adopt and use a planning product, the 
Federal lead agency shall identify those agencies that partici-
pated in the development of the planning products. 
‘‘(3) PARTIAL ADOPTION OF PLANNING PRODUCTS.—The Fed-
eral lead agency may adopt a planning product under paragraph 
(1) in its entirety or may select portions for adoption. 
‘‘(4) TIMING.—A determination under paragraph (1) with 
respect to the adoption of a planning product may be made 
at the time the lead agencies decide the appropriate scope 
of environmental review for the project but may also occur 
later in the environmental review process, as appropriate. 
‘‘(c) APPLICABILITY.— 
‘‘(1) PLANNING
DECISIONS.—Planning decisions that may 
be adopted pursuant to this section include— 
‘‘(A) whether tolling, private financial assistance, or 
other special financial measures are necessary to imple-
ment the project; 
‘‘(B) a decision with respect to modal choice, including 
a decision to implement corridor or subarea study rec-
ommendations to advance different modal solutions as 
separate projects with independent utility; 
‘‘(C) a basic description of the environmental setting;
H. R. 4348—138 
‘‘(D) a decision with respect to methodologies for anal-
ysis; and 
‘‘(E) an identification of programmatic level mitigation 
for potential impacts that the Federal lead agency, in con-
sultation with Federal, State, local, and tribal resource 
agencies, determines are most effectively addressed at a 
regional or national program level, including— 
‘‘(i) system-level measures to avoid, minimize, or 
mitigate impacts of proposed transportation invest-
ments on environmental resources, including regional 
ecosystem and water resources; and 
‘‘(ii) potential mitigation activities, locations, and 
investments. 
‘‘(2) PLANNING ANALYSES.—Planning analyses that may be 
adopted pursuant to this section include studies with respect 
to— 
‘‘(A) travel demands; 
‘‘(B) regional development and growth; 
‘‘(C) local land use, growth management, and develop-
ment; 
‘‘(D) population and employment; 
‘‘(E) natural and built environmental conditions; 
‘‘(F) environmental resources and environmentally sen-
sitive areas; 
‘‘(G) potential environmental effects, including the 
identification of resources of concern and potential cumu-
lative effects on those resources, identified as a result of 
a statewide or regional cumulative effects assessment; and 
‘‘(H) mitigation needs for a proposed action, or for 
programmatic level mitigation, for potential effects that 
the Federal lead agency determines are most effectively 
addressed at a regional or national program level. 
‘‘(d) CONDITIONS.—Adoption and use of a planning product 
under this section is subject to a determination by the Federal 
lead agency, with the concurrence of other participating agencies 
with relevant expertise and project sponsors as appropriate, and 
with an opportunity for public notice and comment and consider-
ation of those comments by the Federal lead agency, that the 
following conditions have been met: 
‘‘(1) The planning product was developed through a plan-
ning process conducted pursuant to applicable Federal law. 
‘‘(2) The planning product was developed by engaging in 
active consultation with appropriate Federal and State resource 
agencies and Indian tribes. 
‘‘(3) The planning process included broad multidisciplinary 
consideration of systems-level or corridor-wide transportation 
needs and potential effects, including effects on the human 
and natural environment. 
‘‘(4) During the planning process, notice was provided 
through publication or other means to Federal, State, local, 
and tribal governments that might have an interest in the 
proposed project, and to members of the general public, of 
the planning products that the planning process might produce 
and that might be relied on during any subsequent environ-
mental review process, and such entities have been provided 
an appropriate opportunity to participate in the planning 
process leading to such planning product.
H. R. 4348—139 
‘‘(5) After initiation of the environmental review process, 
but prior to determining whether to rely on and use the plan-
ning product, the lead Federal agency has made documentation 
relating to the planning product available to Federal, State, 
local, and tribal governments that may have an interest in 
the proposed action, and to members of the general public, 
and has considered any resulting comments. 
‘‘(6) There is no significant new information or new cir-
cumstance that has a reasonable likelihood of affecting the 
continued validity or appropriateness of the planning product. 
‘‘(7) The planning product has a rational basis and is based 
on reliable and reasonably current data and reasonable and 
scientifically acceptable methodologies. 
‘‘(8) The planning product is documented in sufficient detail 
to support the decision or the results of the analysis and to 
meet requirements for use of the information in the environ-
mental review process. 
‘‘(9) The planning product is appropriate for adoption and 
use in the environmental review process for the project. 
‘‘(10) The planning product was approved not later than 
5 years prior to date on which the information is adopted 
pursuant to this section. 
‘‘(e) EFFECT OF ADOPTION.—Any planning product adopted by 
the Federal lead agency in accordance with this section may be 
incorporated directly into an environmental review process docu-
ment or other environmental document and may be relied upon 
and used by other Federal agencies in carrying out reviews of 
the project. 
‘‘(f) RULES OF CONSTRUCTION.— 
‘‘(1) IN GENERAL.—This section shall not be construed to 
make the environmental review process applicable to the 
transportation planning process conducted under this title and 
chapter 53 of title 49. 
‘‘(2) TRANSPORTATION PLANNING ACTIVITIES.—Initiation of 
the environmental review process as a part of, or concurrently 
with, transportation planning activities does not subject 
transportation plans and programs to the environmental review 
process. 
‘‘(3) PLANNING PRODUCTS.—This section shall not be con-
strued to affect the use of planning products in the environ-
mental review process pursuant to other authorities under any 
other provision of law or to restrict the initiation of the environ-
mental review process during planning.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis 
for chapter 1 of title 23, United States Code (as amended by 
section 1115(b)), is amended by adding at end the following: 
‘‘Sec. 168. Integration of planning and environmental review.’’. 
SEC. 1311. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS. 
(a) IN GENERAL.—Chapter 1 of title 23, United States Code 
(as amended by section 1310(a)), is amended by adding at the 
end the following: 
‘‘§ 169. Development of programmatic mitigation plans 
‘‘(a) IN GENERAL.—As part of the statewide or metropolitan 
transportation planning process, a State or metropolitan planning 
organization may develop 1 or more programmatic mitigation plans
H. R. 4348—140 
to address the potential environmental impacts of future transpor-
tation projects. 
‘‘(b) SCOPE.— 
‘‘(1) SCALE.—A programmatic mitigation plan may be devel-
oped on a regional, ecosystem, watershed, or statewide scale. 
‘‘(2) RESOURCES.—The plan may encompass multiple 
environmental resources within a defined geographic area or 
may focus on a specific resource, such as aquatic resources, 
parkland, or wildlife habitat. 
‘‘(3) PROJECT
IMPACTS.—The plan may address impacts 
from all projects in a defined geographic area or may focus 
on a specific type of project. 
‘‘(4) CONSULTATION.—The scope of the plan shall be deter-
mined by the State or metropolitan planning organization, as 
appropriate, in consultation with the agency or agencies with 
jurisdiction over the resources being addressed in the mitigation 
plan. 
‘‘(c) CONTENTS.—A programmatic mitigation plan may include— 
‘‘(1) an assessment of the condition of environmental 
resources in the geographic area covered by the plan, including 
an assessment of recent trends and any potential threats to 
those resources; 
‘‘(2) an assessment of potential opportunities to improve 
the overall quality of environmental resources in the geographic 
area covered by the plan, through strategic mitigation for 
impacts of transportation projects; 
‘‘(3) standard measures for mitigating certain types of 
impacts; 
‘‘(4) parameters for determining appropriate mitigation for 
certain types of impacts, such as mitigation ratios or criteria 
for determining appropriate mitigation sites; 
‘‘(5) adaptive management procedures, such as protocols 
that involve monitoring predicted impacts over time and 
adjusting mitigation measures in response to information gath-
ered through the monitoring; and 
‘‘(6) acknowledgment of specific statutory or regulatory 
requirements that must be satisfied when determining appro-
priate mitigation for certain types of resources. 
‘‘(d) PROCESS.—Before adopting a programmatic mitigation 
plan, a State or metropolitan planning organization shall— 
‘‘(1) consult with each agency with jurisdiction over the 
environmental resources considered in the programmatic miti-
gation plan; 
‘‘(2) make a draft of the plan available for review and 
comment by applicable environmental resource agencies and 
the public; 
‘‘(3) consider any comments received from such agencies 
and the public on the draft plan; and 
‘‘(4) address such comments in the final plan. 
‘‘(e) INTEGRATION WITH OTHER PLANS.—A programmatic mitiga-
tion plan may be integrated with other plans, including watershed 
plans, ecosystem plans, species recovery plans, growth management 
plans, and land use plans. 
‘‘(f) CONSIDERATION
IN PROJECT DEVELOPMENT
AND PERMIT-
TING.—If a programmatic mitigation plan has been developed pursu-
ant to this section, any Federal agency responsible for environ-
mental reviews, permits, or approvals for a transportation project
H. R. 4348—141 
may use the recommendations in a programmatic mitigation plan 
when carrying out the responsibilities under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(g) PRESERVATION OF EXISTING AUTHORITIES.—Nothing in this 
section limits the use of programmatic approaches to reviews under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis 
for chapter 1 of title 23, United States Code (as amended by 
section 1309(b)), is amended by adding at the end the following: 
‘‘Sec. 169. Development of programmatic mitigation plans.’’. 
SEC. 1312. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGOR-
ICAL EXCLUSIONS. 
Section 326 of title 23, United States Code, is amended— 
(1) in subsection (a) by adding at the end the following: 
‘‘(4) PRESERVATION OF FLEXIBILITY.—The Secretary shall 
not require a State, as a condition of assuming responsibility 
under this section, to forego project delivery methods that are 
otherwise permissible for highway projects.’’; 
(2) by striking subsection (d) and inserting the following: 
‘‘(d) TERMINATION.— 
‘‘(1) TERMINATION BY THE SECRETARY.—The Secretary may 
terminate any assumption of responsibility under a memo-
randum of understanding on a determination that the State 
is not adequately carrying out the responsibilities assigned 
to the State. 
‘‘(2) TERMINATION BY THE STATE.—The State may terminate 
the participation of the State in the program at any time 
by providing to the Secretary a notice not later than the date 
that is 90 days before the date of termination, and subject 
to such terms and conditions as the Secretary may provide.’’; 
and 
(3) by adding at the end the following: 
‘‘(f) LEGAL FEES.—A State assuming the responsibilities of the 
Secretary under this section for a specific project may use funds 
apportioned to the State under section 104(b)(2) for attorney’s fees 
directly attributable to eligible activities associated with the 
project.’’. 
SEC. 1313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM. 
(a) PROGRAM NAME.—Section 327 of title 23, United States 
Code, is amended— 
(1) in the section heading by striking ‘‘PILOT’’; and 
(2) in subsection (a)(1) by striking ‘‘pilot’’. 
(b) ASSUMPTION OF RESPONSIBILITY.—Section 327(a)(2) of title 
23, United States Code, is amended— 
(1) in subparagraph (B)— 
(A) in clause (i) by striking ‘‘but’’; and 
(B) by striking clause (ii) and inserting the following: 
‘‘(ii) at the request of the State, the Secretary 
may also assign to the State, and the State may 
assume, the responsibilities of the Secretary with 
respect to 1 or more railroad, public transportation, 
or multimodal projects within the State under the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.);
H. R. 4348—142 
‘‘(iii) in a State that has assumed the responsibil-
ities of the Secretary under clause (ii), a recipient 
of assistance under chapter 53 of title 49 may request 
that the Secretary maintain the responsibilities of the 
Secretary with respect to 1 or more public transpor-
tation projects within the State under the National 
Environmental Policy Act of 1969 (42 U.S.C. 13 4321 
et seq.); but 
‘‘(iv) the Secretary may not assign— 
‘‘(I) any responsibility imposed on the Sec-
retary by section 134 or 135 or section 5303 or 
5304 of title 49; or 
‘‘(II) responsibility for any conformity deter-
mination required under section 176 of the Clean 
Air Act (42 U.S.C. 7506).’’; and 
(2) by adding at the end the following: 
‘‘(F) PRESERVATION
OF
FLEXIBILITY.—The Secretary 
may not require a State, as a condition of participation 
in the program, to forego project delivery methods that 
are otherwise permissible for projects. 
‘‘(G) LEGAL FEES.—A State assuming the responsibil-
ities of the Secretary under this section for a specific project 
may use funds apportioned to the State under section 
104(b)(2) for attorneys’ fees directly attributable to eligible 
activities associated with the project.’’. 
(c) STATE PARTICIPATION.—Section 327(b) of title 23, United 
States Code, is amended— 
(1) by striking paragraph (1) and inserting the following: 
‘‘(1) PARTICIPATING
STATES.—All States are eligible to 
participate in the program.’’; and 
(2) in paragraph (2) by striking ‘‘date of enactment of 
this section, the Secretary shall promulgate’’ and inserting ‘‘date 
on which amendments to this section by the MAP-21 take 
effect, the Secretary shall amend, as appropriate,’’. 
(d) WRITTEN AGREEMENT.—Section 327(c) of title 23, United 
States Code, is amended— 
(1) in paragraph (3)(D) by striking the period at the end 
and inserting a semicolon; and 
(2) by adding at the end the following: 
‘‘(4) require the State to provide to the Secretary any 
information the Secretary considers necessary to ensure that 
the State is adequately carrying out the responsibilities 
assigned to the State; 
‘‘(5) have a term of not more than 5 years; and 
‘‘(6) be renewable.’’. 
(e) CONFORMING
AMENDMENT.—Section 327(e) of title 23, 
United States Code, is amended by striking ‘‘subsection (i)’’ and 
inserting ‘‘subsection (j)’’. 
(f) AUDITS.—Section 327(g)(1)(B) of title 23, United States Code, 
is amended by striking ‘‘subsequent year’’ and inserting ‘‘of the 
third and fourth years’’. 
(g) MONITORING.—Section 327 of title 23, United States Code, 
is amended— 
(1) by redesignating subsections (h) and (i) as subsections 
(i) and (j), respectively; and 
(2) by inserting after subsection (g) the following:
H. R. 4348—143 
‘‘(h) MONITORING.—After the fourth year of the participation 
of a State in the program, the Secretary shall monitor compliance 
by the State with the written agreement, including the provision 
by the State of financial resources to carry out the written agree-
ment.’’. 
(h) TERMINATION.—Section 327(j) of title 23, United States Code 
(as so redesignated), is amended to read as follows: 
‘‘(j) TERMINATION.— 
‘‘(1) TERMINATION BY THE SECRETARY.—The Secretary may 
terminate the participation of any State in the program if— 
‘‘(A) the Secretary determines that the State is not 
adequately carrying out the responsibilities assigned to 
the State; 
‘‘(B) the Secretary provides to the State— 
‘‘(i) notification of the determination of noncompli-
ance; and 
‘‘(ii) a period of at least 30 days during which 
to take such corrective action as the Secretary deter-
mines is necessary to comply with the applicable agree-
ment; and 
‘‘(C) the State, after the notification and period pro-
vided under subparagraph (B), fails to take satisfactory 
corrective action, as determined by the Secretary. 
‘‘(2) TERMINATION BY THE STATE.—The State may terminate 
the participation of the State in the program at any time 
by providing to the Secretary a notice by not later than the 
date that is 90 days before the date of termination, and subject 
to such terms and conditions as the Secretary may provide.’’. 
(i) CLERICAL AMENDMENT.—The item relating to section 327 
in the analysis of title 23, United States Code, is amended to 
read as follows: 
‘‘327. Surface transportation project delivery program.’’. 
SEC. 
1314. 
APPLICATION 
OF 
CATEGORICAL 
EXCLUSIONS 
FOR 
MULTIMODAL PROJECTS. 
(a) IN GENERAL.—Section 304 of title 49, United States Code, 
is amended to read as follows: 
‘‘§ 304. Application of categorical exclusions for multimodal 
projects 
‘‘(a) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) COOPERATING
AUTHORITY.—The term ‘cooperating 
authority’ means a Department of Transportation operating 
authority that is not the lead authority with respect to a 
project. 
‘‘(2) LEAD AUTHORITY.—The term ‘lead authority’ means 
a Department of Transportation operating administration or 
secretarial office that— 
‘‘(A) is the lead authority over a proposed multimodal 
project; and 
‘‘(B) has determined that the components of the project 
that fall under the modal expertise of the lead authority— 
‘‘(i) satisfy the conditions for a categorical exclusion 
under implementing regulations or procedures of the 
lead authority under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
H. R. 4348—144 
‘‘(ii) do not require the preparation of an environ-
mental assessment or environmental impact statement 
under that Act. 
‘‘(3) MULTIMODAL PROJECT.—The term ‘multimodal project’ 
has the meaning given the term in section 139(a) of title 23. 
‘‘(b) EXERCISE
OF AUTHORITIES.—The authorities granted in 
this section may be exercised for a multimodal project, class of 
projects, or program of projects that are carried out under this 
title. 
‘‘(c) 
APPLICATION
OF
CATEGORICAL
EXCLUSIONS
FOR 
MULTIMODAL PROJECTS.—In considering the environmental impacts 
of a proposed multimodal project, a lead authority may apply a 
categorical exclusion designated under the implementing regula-
tions or procedures of a cooperating authority for other components 
of the project, subject to the conditions that— 
‘‘(1) the multimodal project is funded under 1 grant agree-
ment administered by the lead authority; 
‘‘(2) the multimodal project has components that require 
the expertise of a cooperating authority to assess the environ-
mental impacts of the components; 
‘‘(3) the component of the project to be covered by the 
categorical exclusion of the cooperating authority has inde-
pendent utility; 
‘‘(4) the cooperating authority, in consultation with the 
lead authority— 
‘‘(A) follows implementing regulations or procedures 
under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); and 
‘‘(B) determines that a categorical exclusion under that 
Act applies to the components; and 
‘‘(5) the lead authority has determined that— 
‘‘(A) the project, using the categorical exclusions of 
the lead authority and each applicable cooperating 
authority, does not individually or cumulatively have a 
significant impact on the environment; and 
‘‘(B) extraordinary circumstances do not exist that 
merit additional analysis and documentation in an environ-
mental impact statement or environmental assessment 
required under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
‘‘(d) MODAL COOPERATION.— 
‘‘(1) IN GENERAL.—A cooperating authority shall provide 
modal expertise to the lead authority on such aspects of the 
multimodal project in which the cooperating authority has 
expertise. 
‘‘(2) USE OF CATEGORICAL EXCLUSION.—In a case described 
in paragraph (1), the 1 or more categorical exclusions of a 
cooperating authority may be applied by the lead authority 
once the cooperating authority reviews the project on behalf 
of the lead authority and determines the project satisfies the 
conditions for a categorical exclusion under the implementing 
regulations or procedures of the cooperating authority under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) and this section.’’.
H. R. 4348—145 
(b) CONFORMING AMENDMENT.—The item relating to section 
304 in the analysis for title 49, United States Code, is amended 
to read as follows: 
‘‘304. Application of categorical exclusions for multimodal projects’’. 
SEC. 1315. CATEGORICAL EXCLUSIONS IN EMERGENCIES. 
(a) IN GENERAL.—Not later than 30 days after the date of 
enactment of this Act, for the repair or reconstruction of any road, 
highway, or bridge that is in operation or under construction when 
damaged by an emergency declared by the Governor of the State 
and concurred in by the Secretary, or for a disaster or emergency 
declared by the President pursuant to the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.), the Secretary shall publish a notice of proposed rulemaking 
to treat any such repair or reconstruction activity as a class of 
action categorically excluded from the requirements relating to 
environmental assessments or environmental impact statements 
under section 1508.4 of title 40, Code of Federal Regulations, and 
section 771.117 of title 23, Code of Federal Regulations (as in 
effect on the date of enactment of this Act) if such repair or 
reconstruction activity is— 
(1) in the same location with the same capacity, dimensions, 
and design as the original road, highway, or bridge as before 
the declaration described in this section; and 
(2) commenced within a 2-year period beginning on the 
date of a declaration described in this section. 
(b) RULEMAKING.— 
(1) IN GENERAL.—The Secretary shall ensure that the rule-
making helps to conserve Federal resources and protects public 
safety and health by providing for periodic evaluations to deter-
mine if reasonable alternatives exist to roads, highways, or 
bridges that repeatedly require repair and reconstruction activi-
ties. 
(2) REASONABLE
ALTERNATIVES.—The reasonable alter-
natives described in paragraph (1) include actions that could 
reduce the need for Federal funds to be expended on such 
repair and reconstruction activities, better protect public safety 
and health and the environment, and meet transportation needs 
as described in relevant and applicable Federal, State, local 
and tribal plans. 
SEC. 1316. CATEGORICAL EXCLUSIONS FOR PROJECTS WITHIN THE 
RIGHT-OF-WAY. 
(a) IN GENERAL.—The Secretary shall— 
(1) not later than 180 days after the date of enactment 
of this Act, designate any project (as defined in section 101(a) 
of title 23, United States Code) within an existing operational 
right-of-way as an action categorically excluded from the 
requirements relating to environmental assessments or environ-
mental impact statements under section 1508.4 of title 40, 
Code of Federal Regulations, and section 771.117(c) of title 
23, Code of Federal Regulations; and 
(2) not later than 150 days after the date of enactment 
of this Act, promulgate regulations to carry out paragraph 
(1). 
(b) DEFINITION
OF
AN OPERATIONAL RIGHT-OF-WAY.—In this 
section, the term ‘‘operational right-of-way’’ means all real property