‘‘(iv) archaeological activities relating 
to impacts from implementation of a trans-
portation project eligible under this title. 
‘‘(F) Any environmental mitigation activ-
ity, including pollution prevention and pollution 
abatement activities and mitigation to address 
stormwater management, control, and water 
pollution prevention or abatement related to 
highway construction or due to highway runoff, 
including activities described in sections 328(a) 
and 329. 
‘‘(G) Projects and strategies to reduce ve-
hicle-caused wildlife mortality related to, or to 
restore and maintain connectivity among terres-
trial or aquatic habitats affected by, a transpor-
tation facility otherwise eligible for assistance 
under this subsection. 
‘‘(H) The recreational trails program 
under section 206. 
‘‘(I) The safe routes to school program 
under section 211. 
‘‘(J) Activities in furtherance of a vulner-
able road user assessment described in section 
148. 
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‘‘(K) Any other projects or activities de-
scribed in section 101(a)(29) or section 213, as 
such sections were in effect on the day before 
the date of enactment of the FAST Act (Public 
Law 114–94). 
‘‘(4) ACCESS TO FUNDS.— 
‘‘(A) IN GENERAL.—A State or metropoli-
tan planning organization required to obligate 
funds in accordance with paragraph (2) shall 
develop a competitive process to allow eligible 
entities to submit projects for funding that 
achieve the objectives of this subsection. A met-
ropolitan planning organization for an area de-
scribed in subsection (d)(1)(A)(i) shall select 
projects under such process in consultation with 
the relevant State. The competitive process 
shall include prioritization of project location 
and impact in low-income, transit-dependent, or 
other high-need areas.’’ 
‘‘(B) ELIGIBLE ENTITY DEFINED.—In this 
paragraph, the term ‘eligible entity’ means— 
‘‘(i) a local government; 
‘‘(ii) a regional transportation author-
ity; 
‘‘(iii) a transit agency; 
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‘‘(iv) a natural resource or public land 
agency; 
‘‘(v) a school district, local education 
agency, or school; 
‘‘(vi) a tribal government; 
‘‘(vii) a metropolitan planning organi-
zation that serves an urbanized area with 
a population of 200,000 or fewer; 
‘‘(viii) a nonprofit organization car-
rying out activities related to transpor-
tation; 
‘‘(ix) any other local or regional gov-
ernmental entity with responsibility for or 
oversight of transportation or recreational 
trails (other than a metropolitan planning 
organization that serves an urbanized area 
with a population of over 200,000 or a 
State agency) that the State determines to 
be eligible, consistent with the goals of this 
subsection; and 
‘‘(x) a State, at the request of any en-
tity listed in clauses (i) through (x). 
‘‘(5) IMPROVING
ACCESSIBILITY
AND
EFFI-
CIENCY.— 
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‘‘(A) IN GENERAL.—A State may use an 
amount equal to not more than 5 percent of the 
funds set aside for the State under this sub-
section, after allocating funds in accordance 
with paragraph (2)(A), to improve the ability of 
applicants to access funding for projects under 
this subsection in an efficient and expeditious 
manner by providing— 
‘‘(i) to applicants for projects under 
this subsection application assistance, tech-
nical assistance, and assistance in reducing 
the period of time between the selection of 
the project and the obligation of funds for 
the project; and 
‘‘(ii) funding for 1 or more full-time 
State employee positions to administer this 
subsection. 
‘‘(B) USE
OF
FUNDS.—Amounts used 
under subparagraph (A) may be expended— 
‘‘(i) directly by the State; or 
‘‘(ii) through contracts with State 
agencies, private entities, or nonprofit enti-
ties. 
‘‘(6) FEDERAL SHARE.— 
‘‘(A) FLEXIBLE MATCH.— 
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‘‘(i) IN
GENERAL.—Notwithstanding 
section 120— 
‘‘(I) the non-Federal share for a 
project under this subsection may be 
calculated on a project, multiple- 
project, or program basis; and 
‘‘(II) the Federal share of the 
cost of an individual project in this 
subsection may be up to 100 percent. 
‘‘(ii) 
AGGREGATE
NON-FEDERAL 
SHARE.—The average annual non-Federal 
share of the total cost of all projects for 
which funds are obligated under this sub-
section in a State for a fiscal year shall be 
not less than the non-Federal share au-
thorized for the State under section 
120(b). 
‘‘(iii) REQUIREMENT.—This subpara-
graph shall only apply to a State if such 
State has adequate financial controls, as 
certified by the Secretary, to account for 
the average annual non-Federal share 
under this subparagraph. 
‘‘(B) 
SAFETY
PROJECTS.—Notwith-
standing section 120, funds made available to 
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carry out section 148 may be credited toward 
the non-Federal share of the costs of a project 
under this subsection if the project— 
‘‘(i) is a project described in section 
148(e)(1); and 
‘‘(ii) is consistent with the State stra-
tegic highway safety plan (as defined in 
section 148(a)). 
‘‘(7) FLEXIBILITY.— 
‘‘(A) STATE AUTHORITY.— 
‘‘(i) IN GENERAL.—A State may use 
not more than 50 percent of the funds set 
aside under this subsection that are avail-
able for obligation in any area of the State 
(suballocated consistent with the require-
ments of subsection (d)(1)(B)) for any 
purpose eligible under subsection (b). 
‘‘(ii) RESTRICTION.—Funds may be 
used as described in clause (i) only if the 
State demonstrates to the Secretary that 
the State— 
‘‘(I) held a competition in compli-
ance with the requirements of this 
subsection in such form as the Sec-
retary determines appropriate; 
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‘‘(II) offered technical assistance 
to all eligible entities and provided 
such assistance upon request by an el-
igible entity; and 
‘‘(III) demonstrates that there 
were not sufficient suitable applica-
tions from eligible entities to use the 
funds described in clause (i). 
‘‘(B) MPO AUTHORITY.— 
‘‘(i) IN
GENERAL.—A metropolitan 
planning organization that represents an 
urbanized area with a population of great-
er than 200,000 may use not more than 
50 percent of the funds set aside under 
this subsection for an urbanized area de-
scribed in subsection (d)(1)(A)(i) for any 
purpose eligible under subsection (b). 
‘‘(ii) RESTRICTION.—Funds may be 
used as described in clause (i) only if the 
Secretary certifies that the metropolitan 
planning organization— 
‘‘(I) held a competition in compli-
ance with the requirements of this 
subsection in such form as the Sec-
retary determines appropriate; and 
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‘‘(II) demonstrates that there 
were not sufficient suitable applica-
tions from eligible entities to use the 
funds described in clause (i). 
‘‘(8) ANNUAL REPORTS.— 
‘‘(A) IN GENERAL.—Each State or metro-
politan planning organization responsible for 
carrying out the requirements of this subsection 
shall submit to the Secretary an annual report 
that describes— 
‘‘(i) the number of project applica-
tions received for each fiscal year, includ-
ing— 
‘‘(I) the aggregate cost of the 
projects for which applications are re-
ceived; and 
‘‘(II) the types of projects to be 
carried out, expressed as percentages 
of the total apportionment of the 
State under this subsection; and 
‘‘(ii) the list of each project selected 
for funding for each fiscal year, including 
specifying the fiscal year for which the 
project was selected, the fiscal year in 
which the project is anticipated to be fund-
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ed, the recipient, the location, the congres-
sional district, the type, and a brief de-
scription. 
‘‘(B) PUBLIC
AVAILABILITY.—The Sec-
retary shall make available to the public, in a 
user-friendly format on the website of the De-
partment of Transportation, a copy of each an-
nual report submitted under subparagraph 
(A).’’. 
Æ 
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