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to the States under section 204 of title 23, 
United States Code), and will not be available 
for obligation, for the fiscal year because of the 
imposition of any obligation limitation for the 
fiscal year. 
(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same proportion as the distribu-
tion of obligation authority under subsection (c)(5). 
(3) AVAILABILITY.—Funds distributed to each 
State under paragraph (1) shall be available for any 
purpose described in section 133(c) of title 23, United 
States Code. 
SEC. 1103. DEFINITIONS. 
(a) DEFINITIONS.—Section 101(a) of title 23, United 
States Code, is amended— 
(1) by striking paragraphs (6), (7), (9), (12), 
(19), (20), (24), (25), (26), (28), (38), and (39); 
(2) by redesignating paragraphs (2), (3), (4), 
(5), (8), (13), (14), (15), (16), (17), (18), (21), (22), 
(23), (27), (29), (30), (31), (32), (33), (34), (35), (36), 
and (37) as paragraphs (3), (4), (5), (6), (9), (12), 
(13), (14), (15), (16), (17), (18), (19), (20), (21), (22), 
(23), (24), (25), (26), (28), (29), (33), and (34), re-
spectively;
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(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) ASSET
MANAGEMENT.—The term ‘asset 
management’ means a strategic and systematic proc-
ess of operating, maintaining, and improving phys-
ical assets, with a focus on both engineering and eco-
nomic analysis based upon quality information, to 
identify a structured sequence of maintenance, preser-
vation, repair, rehabilitation, and replacement ac-
tions that will achieve and sustain a desired state of 
good repair over the lifecycle of the assets at min-
imum practicable cost.’’; 
(4) in paragraph (4) (as redesignated by para-
graph (2))— 
(A) in the matter preceding subparagraph 
(A), by inserting ‘‘or any project eligible for as-
sistance under this title’’ after ‘‘of a highway’’; 
(B) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) preliminary engineering, engineering, 
and design-related services directly relating to 
the construction of a highway project, including 
engineering, design, project development and 
management, construction project management 
and inspection, surveying, mapping (including
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the establishment of temporary and permanent 
geodetic control in accordance with specifications 
of the National Oceanic and Atmospheric Ad-
ministration), and architectural-related serv-
ices;’’; 
(C) in subparagraph (B)— 
(i) by inserting ‘‘reconstruction,’’ be-
fore ‘‘resurfacing’’; and 
(ii) by striking ‘‘and rehabilitation’’ 
and inserting ‘‘rehabilitation, and preserva-
tion’’; 
(D) in subparagraph (E) by striking ‘‘rail-
way’’ and inserting ‘‘railway-highway’’; and 
(E) in subparagraph (F) by striking ‘‘obsta-
cles’’ and inserting ‘‘hazards’’. 
(5) in paragraph (6) (as so redesignated)— 
(A) by inserting ‘‘public’’ before ‘‘highway 
eligible’’; and 
(B) by inserting ‘‘functionally’’ before ‘‘clas-
sified’’; 
(6) by inserting after paragraph (6) (as so redes-
ignated) the following: 
‘‘(7) FEDERAL LANDS ACCESS TRANSPORTATION 
FACILITY.—The term ‘Federal Lands access transpor-
tation facility’ means a public highway, road, bridge,
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trail, or transit system that is located on, is adjacent 
to, or provides access to Federal lands for which title 
or maintenance responsibility is vested in a State, 
county, town, township, tribal, municipal, or local 
government. 
‘‘(8) FEDERAL LANDS TRANSPORTATION FACIL-
ITY.—The term ‘Federal lands transportation facility’ 
means a public highway, road, bridge, trail, or tran-
sit system that is located on, is adjacent to, or pro-
vides access to Federal lands for which title and 
maintenance responsibility is vested in the Federal 
Government, and that appears on the national Fed-
eral lands transportation facility inventory described 
in section 203(c).’’; 
(7) in paragraph (11)(B) by inserting ‘‘includ-
ing public roads on dams’’ after ‘‘drainage structure’’; 
(8) in paragraph (14) (as so redesignated)— 
(A) by striking ‘‘as a’’ and inserting ‘‘as an 
air quality’’; and 
(B) by inserting ‘‘air quality’’ before ‘‘at-
tainment area’’; 
(9) in paragraph (18) (as so redesignated) by 
striking ‘‘an undertaking to construct a particular 
portion of a highway, or if the context so implies, the
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particular portion of a highway so constructed or any 
other undertaking’’ and inserting ‘‘any undertaking’’; 
(10) in paragraph (19) (as so redesignated)— 
(A) by striking ‘‘the State transportation 
department and’’; and 
(B) by inserting ‘‘and the recipient’’ after 
‘‘Secretary’’; 
(11) by striking paragraph (23) (as so redesig-
nated) and inserting the following: 
‘‘(23) SAFETY
IMPROVEMENT
PROJECT.—The 
term ‘safety improvement project’ means a strategy, 
activity, or project on a public road that is consistent 
with the State strategic highway safety plan and cor-
rects or improves a roadway feature that constitutes 
a hazard to road users or addresses a highway safety 
problem.’’; 
(12) by inserting after paragraph (26) (as so re-
designated) the following: 
‘‘(27) STATE
STRATEGIC
HIGHWAY
SAFETY 
PLAN.—The term ‘State strategic highway safety 
plan’ has the same meaning given such term in sec-
tion 148(a).’’; 
(13) by striking paragraph (29) (as so redesig-
nated) and inserting the following:
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‘‘(29) TRANSPORTATION
ENHANCEMENT
ACTIV-
ITY.—The term ‘transportation enhancement activity’ 
means any of the following activities when carried 
out as part of any program or project authorized or 
funded under this title, or as an independent program 
or project related to surface transportation: 
‘‘(A) Provision of facilities for pedestrians 
and bicycles. 
‘‘(B) Provision of safety and educational 
activities for pedestrians and bicyclists. 
‘‘(C) Acquisition of scenic easements and 
scenic or historic sites. 
‘‘(D) Scenic or historic highways and 
bridges. 
‘‘(E) Vegetation management practices in 
transportation rights-of-way and other activities 
eligible under section 319. 
‘‘(F) Historic preservation, rehabilitation, 
and operation of historic transportation build-
ings, structures, or facilities. 
‘‘(G) Preservation of abandoned railway 
corridors, including the conversion and use of the 
corridors for pedestrian or bicycle trails. 
‘‘(H) Inventory, control, and removal of 
outdoor advertising.
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rity, safety, and reliability of the transportation 
system. 
‘‘(B) INCLUSIONS.—The term ‘transpor-
tation systems management and operations’ in-
cludes— 
‘‘(i) actions such as traffic detection 
and surveillance, corridor management, 
freeway management, arterial management, 
active transportation and demand manage-
ment, work zone management, emergency 
management, traveler information services, 
congestion pricing, parking management, 
automated enforcement, traffic control, com-
mercial vehicle operations, freight manage-
ment, and coordination of highway, rail, 
transit, bicycle, and pedestrian operations; 
and 
‘‘(ii) coordination of the implementa-
tion of regional transportation system man-
agement and operations investments (such 
as traffic incident management, traveler in-
formation services, emergency management, 
roadway weather management, intelligent 
transportation systems, communication net-
works, and information sharing systems) re-
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quiring agreements, integration, and inter-
operability to achieve targeted system per-
formance, reliability, safety, and customer 
service levels. 
‘‘(31) TRIBAL TRANSPORTATION FACILITY.—The 
term ‘tribal transportation facility’ means a public 
highway, road, bridge, trail, or transit system that is 
located on or provides access to tribal land and ap-
pears on the national tribal transportation facility 
inventory described in section 202(b)(1). 
‘‘(32) TRUCK STOP ELECTRIFICATION SYSTEM.— 
The term ‘truck stop electrification system’ means a 
system that delivers heat, air conditioning, electricity, 
or communications to a heavy-duty vehicle.’’. 
(b) SENSE OF CONGRESS.—Section 101(c) of title 23, 
United States Code, is amended by striking ‘‘system’’ and 
inserting ‘‘highway’’. 
SEC. 1104. NATIONAL HIGHWAY SYSTEM. 
(a) IN GENERAL.—Section 103 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 103. National highway system 
‘‘(a) IN GENERAL.—For the purposes of this title, the 
Federal-aid system is the National Highway System, which 
includes the Interstate System. 
‘‘(b) NATIONAL HIGHWAY SYSTEM.—
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‘‘(1) DESCRIPTION.—The National Highway 
System consists of the highway routes and connections 
to transportation facilities that shall— 
‘‘(A) serve major population centers, inter-
national border crossings, ports, airports, public 
transportation facilities, and other intermodal 
transportation facilities and other major travel 
destinations; 
‘‘(B) meet national defense requirements; 
and 
‘‘(C) serve interstate and interregional trav-
el and commerce. 
‘‘(2) COMPONENTS.—The National Highway 
System described in paragraph (1) consists of the fol-
lowing: 
‘‘(A) The National Highway System de-
picted on the map submitted by the Secretary of 
Transportation to Congress with the report enti-
tled ‘Pulling Together: The National Highway 
System and its Connections to Major Intermodal 
Terminals’ and dated May 24, 1996, and modi-
fications approved by the Secretary before the 
date of enactment of the MAP–21. 
‘‘(B) Other urban and rural principal arte-
rial routes, and border crossings on those routes,
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that were not included on the National Highway 
System before the date of enactment of the MAP– 
21. 
‘‘(C) Other connector highways (including 
toll facilities) that were not included in the Na-
tional Highway System before the date of enact-
ment of the MAP–21 but that provide motor ve-
hicle access between arterial routes on the Na-
tional Highway System and a major intermodal 
transportation facility. 
‘‘(D) A strategic highway network that— 
‘‘(i) consists of a network of highways 
that are important to the United States 
strategic defense policy, that provide defense 
access, continuity, and emergency capabili-
ties for the movement of personnel, mate-
rials, and equipment in both peacetime and 
wartime, and that were not included on the 
National Highway System before the date of 
enactment of the MAP–21; 
‘‘(ii) may include highways on or off 
the Interstate System; and 
‘‘(iii) shall be designated by the Sec-
retary, in consultation with appropriate 
Federal agencies and the States.
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‘‘(E) Major strategic highway network con-
nectors that— 
‘‘(i) consist of highways that provide 
motor vehicle access between major military 
installations and highways that are part of 
the strategic highway network but were not 
included on the National Highway System 
before the date of enactment of the MAP–21; 
and 
‘‘(ii) shall be designated by the Sec-
retary, in consultation with appropriate 
Federal agencies and the States. 
‘‘(3) MODIFICATIONS TO NHS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
make any modification, including any modifica-
tion consisting of a connector to a major inter-
modal terminal, to the National Highway Sys-
tem that is proposed by a State if the Secretary 
determines that the modification— 
‘‘(i) meets the criteria established for 
the National Highway System under this 
title after the date of enactment of the 
MAP–21; and
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‘‘(ii) enhances the national transpor-
tation characteristics of the National High-
way System. 
‘‘(B) COOPERATION.— 
‘‘(i) IN
GENERAL.—In proposing a 
modification under this paragraph, a State 
shall cooperate with local and regional offi-
cials. 
‘‘(ii) URBANIZED AREAS.—In an ur-
banized area, the local officials shall act 
through the metropolitan planning organi-
zation designated for the area under section 
134. 
‘‘(c) INTERSTATE SYSTEM.— 
‘‘(1) DESCRIPTION.— 
‘‘(A) IN GENERAL.—The Dwight D. Eisen-
hower National System of Interstate and Defense 
Highways within the United States (including 
the District of Columbia and Puerto Rico) con-
sists of highways designed, located, and selected 
in accordance with this paragraph. 
‘‘(B) DESIGN.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), highways on the Interstate
† HR 4348 EAS 
System shall be designed in accordance with 
the standards of section 109(b). 
‘‘(ii) EXCEPTION.—Highways on the 
Interstate System in Alaska and Puerto 
Rico shall be designed in accordance with 
such geometric and construction standards 
as are adequate for current and probable fu-
ture traffic demands and the needs of the lo-
cality of the highway. 
‘‘(C) LOCATION.—Highways on the Inter-
state System shall be located so as— 
‘‘(i) to connect by routes, as direct as 
practicable, 
the 
principal 
metropolitan 
areas, cities, and industrial centers; 
‘‘(ii) to serve the national defense; and 
‘‘(iii) to the maximum extent prac-
ticable, to connect at suitable border points 
with routes of continental importance in 
Canada and Mexico. 
‘‘(D) SELECTION OF ROUTES.—To the max-
imum extent practicable, each route of the Inter-
state System shall be selected by joint action of 
the State transportation departments of the State 
in which the route is located and the adjoining 
States, in cooperation with local and regional of-
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ficials, and subject to the approval of the Sec-
retary. 
‘‘(2) MAXIMUM MILEAGE.—The mileage of high-
ways on the Interstate System shall not exceed 43,000 
miles, exclusive of designations under paragraph (4). 
‘‘(3) MODIFICATIONS.—The Secretary may ap-
prove or require modifications to the Interstate Sys-
tem in a manner consistent with the policies and pro-
cedures established under this subsection. 
‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.— 
‘‘(A) ADDITIONS.—If the Secretary deter-
mines that a highway on the National Highway 
System meets all standards of a highway on the 
Interstate System and that the highway is a log-
ical addition or connection to the Interstate Sys-
tem, the Secretary may, upon the affirmative 
recommendation of the State or States in which 
the highway is located, designate the highway as 
a route on the Interstate System. 
‘‘(B) DESIGNATIONS
AS
FUTURE
INTER-
STATE SYSTEM ROUTES.— 
‘‘(i) IN GENERAL.—Subject to clauses 
(ii) through (vi), if the Secretary determines 
that a highway on the National Highway 
System would be a logical addition or con-
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nection to the Interstate System and would 
qualify for designation as a route on the 
Interstate System under subparagraph (A) 
if the highway met all standards of a high-
way on the Interstate System, the Secretary 
may, upon the affirmative recommendation 
of the State or States in which the highway 
is located, designate the highway as a future 
Interstate System route. 
‘‘(ii) WRITTEN
AGREEMENT.—A des-
ignation under clause (i) shall be made only 
upon the written agreement of each State 
described in that clause that the highway 
will be constructed to meet all standards of 
a highway on the Interstate System by not 
later than the date that is 25 years after the 
date of the agreement. 
‘‘(iii) FAILURE
TO
COMPLETE
CON-
STRUCTION.—If a State described in clause 
(i) has not substantially completed the con-
struction of a highway designated under 
this subparagraph by the date specified in 
clause (ii), the Secretary shall remove the 
designation of the highway as a future 
Interstate System route.
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‘‘(iv) EFFECT OF REMOVAL.—Removal 
of the designation of a highway under 
clause (iii) shall not preclude the Secretary 
from designating the highway as a route on 
the Interstate System under subparagraph 
(A) or under any other provision of law 
providing for addition to the Interstate Sys-
tem. 
‘‘(v) 
RETROACTIVE
EFFECT.—An 
agreement described in clause (ii) that is 
entered into before August 10, 2005, shall be 
deemed to include the 25-year time limita-
tion described in that clause, regardless of 
any earlier construction completion date in 
the agreement. 
‘‘(vi) REFERENCES.—No law, rule, reg-
ulation, map, document, or other record of 
the United States, or of any State or polit-
ical subdivision of a State, shall refer to 
any highway designated as a future Inter-
state System route under this subpara-
graph, and no such highway shall be signed 
or marked, as a highway on the Interstate 
System, until such time as the highway—
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Preservation Act (16 U.S.C. 470f), those in-
dividual elements of the Interstate System 
that possess national or exceptional historic 
significance (such as a historic bridge or a 
highly significant engineering feature); and 
‘‘(ii) those elements shall be considered 
to be historic sites under section 303 of title 
49 or section 138 of this title, as applicable. 
‘‘(C) CONSTRUCTION, MAINTENANCE, RES-
TORATION, AND REHABILITATION ACTIVITIES.— 
Subparagraph (B) does not prohibit a State 
from carrying out construction, maintenance, 
preservation, restoration, or rehabilitation ac-
tivities for a portion of the Interstate System re-
ferred to in subparagraph (B) upon compliance 
with section 303 of title 49 or section 138 of this 
title, as applicable, and section 106 of the Na-
tional Historic Preservation Act (16 U.S.C. 
470f).’’.’’ 
(b) INCLUSION OF CERTAIN ROUTE SEGMENTS ON 
INTERSTATE SYSTEM.— 
(1) IN GENERAL.—Section 1105(e)(5)(A) of the 
Intermodal Surface Transportation Efficiency Act of 
1991 (105 Stat. 2031; 109 Stat. 597; 115 Stat. 872) 
is amended—
† HR 4348 EAS 
the item relating to section 103 and inserting the fol-
lowing: 
‘‘103. National highway system.’’. 
(2) SECTION
113.—Section 113 of title 23, 
United States Code, is amended— 
(A) in subsection (a) by striking ‘‘the Fed-
eral-aid systems’’ and inserting ‘‘Federal-aid 
highways’’; and 
(B) in subsection (b), in the first sentence, 
by striking ‘‘of the Federal-aid systems’’ and in-
serting ‘‘Federal-aid highway’’. 
(3) SECTION
123.—Section 123(a) of title 23, 
United States Code, is amended in the first sentence 
by striking ‘‘Federal-aid system’’ and inserting ‘‘Fed-
eral-aid highway’’. 
(4) SECTION
217.—Section 217(b) of title 23, 
United States Code, is amended in the subsection 
heading by striking ‘‘NATIONAL HIGHWAY SYSTEM’’ 
and inserting ‘‘NATIONAL HIGHWAY PERFORMANCE 
PROGRAM’’. 
(5) SECTION
304.—Section 304 of title 23, 
United States Code, is amended in the first sentence 
by striking ‘‘the Federal-aid highway systems’’ and 
inserting ‘‘Federal-aid highways’’.
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(6) SECTION
317.—Section 317(d) of title 23, 
United States Code is amended by striking ‘‘system’’ 
and inserting ‘‘highway’’. 
SEC. 1105. APPORTIONMENT. 
(a) IN GENERAL.—Section 104 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 104. Apportionment 
‘‘(a) ADMINISTRATIVE EXPENSES.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated from the Highway Trust Fund (other 
than the Mass Transit Account) to be made available 
to the Secretary for administrative expenses of the 
Federal Highway Administration $480,000,000 for 
each of fiscal years 2012 and 2013. 
‘‘(2) PURPOSES.—The amounts authorized to be 
appropriated by this subsection shall be used— 
‘‘(A) to administer the provisions of law to 
be funded from appropriations for the Federal- 
aid highway program and programs authorized 
under chapter 2; 
‘‘(B) to make transfers of such sums as the 
Secretary determines to be appropriate to the 
Appalachian Regional Commission for adminis-
trative activities associated with the Appa-
lachian development highway system; and
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‘‘(C) to reimburse, as appropriate, the Of-
fice of Inspector General of the Department of 
Transportation for the conduct of annual audits 
of financial statements in accordance with sec-
tion 3521 of title 31. 
‘‘(3) AVAILABILITY.—The amounts made avail-
able under paragraph (1) shall remain available until 
expended. 
‘‘(b) DIVISION OF STATE APPORTIONMENTS AMONG 
PROGRAMS.—The Secretary shall distribute the amount ap-
portioned to a State for a fiscal year under subsection (c) 
among the national highway performance program, the 
transportation mobility program, the highway safety im-
provement program, the congestion mitigation and air 
quality improvement program, and the national freight 
program, and to carry out section 134 as follows: 
‘‘(1) NATIONAL
HIGHWAY
PERFORMANCE
PRO-
GRAM.—For the national highway performance pro-
gram, 58 percent of the amount remaining after dis-
tributing amounts under paragraphs (4) and (6). 
‘‘(2) TRANSPORTATION
MOBILITY
PROGRAM.— 
For the transportation mobility program, 29.3 per-
cent of the amount remaining after distributing 
amounts under paragraphs (4) and (6).
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‘‘(3) HIGHWAY
SAFETY
IMPROVEMENT
PRO-
GRAM.—For the highway safety improvement pro-
gram, 7 percent of the amount remaining after dis-
tributing amounts under paragraphs (4) and (6). 
‘‘(4) CONGESTION MITIGATION AND AIR QUALITY 
IMPROVEMENT PROGRAM.—For the congestion mitiga-
tion and air quality improvement program, an 
amount determined by multiplying the amount deter-
mined for the State under subsection (c) by the pro-
portion that— 
‘‘(A) the amount apportioned to the State 
for the congestion mitigation and air quality im-
provement program for fiscal year 2009, plus 10 
percent of the amount apportioned to the State 
for the surface transportation program for that 
fiscal year; bears to 
‘‘(B) the total amount of funds apportioned 
to the State for that fiscal year for the programs 
referred to in section 105(a)(2) (except for the 
high priority projects program referred to in sec-
tion 105(a)(2)(H)), as in effect on the day before 
the date of enactment of the MAP–21. 
‘‘(5) NATIONAL FREIGHT PROGRAM.—For the na-
tional freight program, 5.7 percent of the amount re-
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maining after distributing amounts under para-
graphs (4) and (6). 
‘‘(6) METROPOLITAN PLANNING.—To carry out 
section 134, an amount determined by multiplying 
the amount determined for the State under subsection 
(c) by the proportion that— 
‘‘(A) the amount apportioned to the State to 
carry out section 134 for fiscal year 2009; bears 
to 
‘‘(B) the total amount of funds apportioned 
to the State for that fiscal year for the programs 
referred to in section 105(a)(2) (except for the 
high priority projects program referred to in sec-
tion 105(a)(2)(H)), as in effect on the day before 
the date of enactment of the MAP–21. 
‘‘(c) CALCULATION OF STATE AMOUNTS.— 
‘‘(1) STATE SHARE.—The amount for each State 
of combined apportionments for the national highway 
performance program under section 119, the transpor-
tation mobility program under section 133, the high-
way safety improvement program under section 148, 
the congestion mitigation and air quality improve-
ment program under section 149, the national freight 
program under section 167, and to carry out section 
134 shall be determined as follows:
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‘‘(A) INITIAL AMOUNT.—The initial amount 
for each State shall be determined by multi-
plying the total amount available for apportion-
ment by the share for each State which shall be 
equal to the proportion that— 
‘‘(i) the amount of apportionments and 
allocations that the State received for fiscal 
years 2005 through 2009; bears to 
‘‘(ii) the amount of those apportion-
ments and allocations received by all States 
for those fiscal years. 
‘‘(B) ADJUSTMENTS TO AMOUNTS.—The ini-
tial amounts resulting from the calculation 
under subparagraph (A) shall be adjusted to en-
sure that, for each State, the amount of combined 
apportionments for the programs shall not be less 
than 95 percent of the estimated tax payments 
attributable to highway users in the State paid 
into the Highway Trust Fund (other than the 
Mass Transit Account) in the most recent fiscal 
year for which data are available. 
‘‘(C) 
FURTHER
ADJUSTMENT
FOR 
PRIVATIZED HIGHWAYS.— 
‘‘(i) DEFINITION OF PRIVATIZED HIGH-
WAY.—In this subparagraph:
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‘‘(I) 
IN
GENERAL.—The 
term 
‘privatized highway’ means a highway 
that was formerly a publically oper-
ated toll road that is subject to an 
agreement giving a private entity— 
‘‘(aa) control over the oper-
ation of the highway; and 
‘‘(bb) ownership over the toll 
revenues collected from the oper-
ation of the highway. 
‘‘(II) 
EXCLUSION.—The 
term 
‘privatized highway’ does not include 
any highway or toll road that was 
originally— 
‘‘(aa) 
financed 
and 
con-
structed using private funds; and 
‘‘(bb) operated by a private 
entity. 
‘‘(ii) ADJUSTMENT.—After making the 
adjustments to the apportionment of a State 
under subparagraphs (A) and (B), the Sec-
retary shall further adjust the amount to be 
apportioned to the State by reducing the 
apportionment by an amount equal to the 
product obtained by multiplying—
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‘‘(I) the amount to be apportioned 
to the State, as so adjusted under those 
subparagraphs; and 
‘‘(II) the percentage described in 
clause (iii). 
‘‘(iii) PERCENTAGE.—The percentage 
referred to in clause (ii) is the percentage 
equal to the sum obtained by adding— 
‘‘(I) the product obtained by mul-
tiplying— 
‘‘(aa) 1⁄2; and 
‘‘(bb) the proportion that— 
‘‘(AA) the total number 
of lane miles on privatized 
highway lanes on National 
Highway System routes in a 
State; bears to 
‘‘(BB) the total number 
of all lane miles on National 
Highway System routes in 
the State; and 
‘‘(II) the product obtained by 
multiplying— 
‘‘(aa) 1⁄2; and 
‘‘(bb) the proportion that—
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‘‘(AA) the total number 
of vehicle miles traveled on 
privatized highway lanes on 
National Highway System 
routes in the State; bears to 
‘‘(BB) the total number 
of vehicle miles traveled on 
all lanes on National High-
way System routes in the 
State. 
‘‘(iv) REAPPORTIONMENT.—An amount 
withheld from apportionment to a State 
under clause (ii) shall be reapportioned 
among all other States based on the propor-
tions calculated under subparagraph (A). 
‘‘(2) STATE APPORTIONMENT.—On October 1 of 
each fiscal year, the Secretary shall apportion the 
sum authorized to be appropriated for expenditure on 
the national highway performance program under 
section 119, the transportation mobility program 
under section 133, the highway safety improvement 
program under section 148, the congestion mitigation 
and air quality improvement program under section 
149, the national freight program under section 167,
† HR 4348 EAS 
and to carry out section 134 in accordance with 
paragraph (1). 
‘‘(d) METROPOLITAN PLANNING.— 
‘‘(1) USE OF AMOUNTS.— 
‘‘(A) USE.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), the amounts apportioned to a 
State under subsection (b)(6) shall be made 
available by the State to the metropolitan 
planning organizations responsible for car-
rying out section 134 in the State. 
‘‘(ii) STATES RECEIVING MINIMUM AP-
PORTIONMENT.—A State that received the 
minimum apportionment for use in car-
rying out section 134 for fiscal year 2009 
may, subject to the approval of the Sec-
retary, use the funds apportioned under 
subsection (b)(6) to fund transportation 
planning outside of urbanized areas. 
‘‘(B) UNUSED FUNDS.—Any funds that are 
not used to carry out section 134 may be made 
available by a metropolitan planning organiza-
tion to the State to fund activities under section 
135.
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‘‘(2) 
DISTRIBUTION
OF
AMOUNTS
WITHIN 
STATES.— 
‘‘(A) IN GENERAL.—The distribution within 
any State of the planning funds made available 
to organizations under paragraph (1) shall be in 
accordance with a formula that— 
‘‘(i) is developed by each State and ap-
proved by the Secretary; and 
‘‘(ii) takes into consideration, at a 
minimum, population, status of planning, 
attainment of air quality standards, metro-
politan area transportation needs, and 
other factors necessary to provide for an ap-
propriate distribution of funds to carry out 
section 134 and other applicable require-
ments of Federal law. 
‘‘(B) REIMBURSEMENT.—Not later than 15 
business days after the date of receipt by a State 
of a request for reimbursement of expenditures 
made by a metropolitan planning organization 
for carrying out section 134, the State shall re-
imburse, from amounts distributed under this 
paragraph to the metropolitan planning organi-
zation by the State, the metropolitan planning 
organization for those expenditures.
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‘‘(3) DETERMINATION
OF
POPULATION
FIG-
URES.—For the purpose of determining population 
figures under this subsection, the Secretary shall use 
the latest available data from the decennial census 
conducted under section 141(a) of title 13, United 
States Code. 
‘‘(e) CERTIFICATION OF APPORTIONMENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) on October 1 of each fiscal year, certify 
to each of the State transportation departments 
the amount that has been apportioned to the 
State under this section for the fiscal year; and 
‘‘(B) to permit the States to develop ade-
quate plans for the use of amounts apportioned 
under this section, advise each State of the 
amount that will be apportioned to the State 
under this section for a fiscal year not later than 
90 days before the beginning of the fiscal year for 
which the sums to be apportioned are authorized. 
‘‘(2) NOTICE TO STATES.—If the Secretary has 
not made an apportionment under this section for a 
fiscal year beginning after September 30, 1998, by 
not later than the date that is the twenty-first day of 
that fiscal year, the Secretary shall submit, by not 
later than that date, to the Committee on Transpor-
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tation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public 
Works of the Senate, a written statement of the reason 
for not making the apportionment in a timely man-
ner. 
‘‘(3) APPORTIONMENT CALCULATIONS.— 
‘‘(A) IN GENERAL.—The calculation of offi-
cial apportionments of funds to the States under 
this title is a primary responsibility of the De-
partment and shall be carried out only by em-
ployees (and not contractors) of the Department. 
‘‘(B) PROHIBITION ON USE OF FUNDS TO 
HIRE CONTRACTORS.—None of the funds made 
available under this title shall be used to hire 
contractors to calculate the apportionments of 
funds to States. 
‘‘(f) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.— 
‘‘(1) TRANSFER OF HIGHWAY FUNDS FOR TRAN-
SIT PROJECTS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), amounts made available for transit 
projects or transportation planning under this 
title may be transferred to and administered by 
the Secretary in accordance with chapter 53 of 
title 49.
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‘‘(B) NON-FEDERAL
SHARE.—The provi-
sions of this title relating to the non-Federal 
share shall apply to the amounts transferred 
under subparagraph (A). 
‘‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGH-
WAY PROJECTS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), amounts made available for highway 
projects or transportation planning under chap-
ter 53 of title 49 may be transferred to and ad-
ministered by the Secretary in accordance with 
this title. 
‘‘(B) NON-FEDERAL
SHARE.—The provi-
sions of chapter 53 of title 49 relating to the 
non-Federal share shall apply to amounts trans-
ferred under subparagraph (A). 
‘‘(3) TRANSFER OF FUNDS AMONG STATES OR TO 
FEDERAL HIGHWAY ADMINISTRATION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary may, at the request of 
a State, transfer amounts apportioned or allo-
cated under this title to the State to another 
State, or to the Federal Highway Administra-
tion, for the purpose of funding 1 or more
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projects that are eligible for assistance with 
amounts so apportioned or allocated. 
‘‘(B) APPORTIONMENT.—The transfer shall 
have no effect on any apportionment of amounts 
to a State under this section. 
‘‘(C) FUNDS SUBALLOCATED TO URBANIZED 
AREAS.—Amounts that are apportioned or allo-
cated to a State under subsection (b)(3) (as in 
effect on the day before the date of enactment of 
the MAP–21) or subsection (b)(2) and attributed 
to an urbanized area of a State with a popu-
lation of more than 200,000 individuals under 
section 133(d) may be transferred under this 
paragraph only if the metropolitan planning or-
ganization designated for the area concurs, in 
writing, with the transfer request. 
‘‘(4) TRANSFER OF OBLIGATION AUTHORITY.— 
Obligation authority for amounts transferred under 
this subsection shall be transferred in the same man-
ner and amount as the amounts for the projects that 
are transferred under this section.’’ 
‘‘(g) REPORT TO CONGRESS.—For each fiscal year, the 
Secretary shall make available to the public, in a user- 
friendly format via the Internet, a report that describes—
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‘‘(1) the amount obligated, by each State, for 
Federal-aid highways and highway safety construc-
tion programs during the preceding fiscal year; 
‘‘(2) the balance, as of the last day of the pre-
ceding fiscal year, of the unobligated apportionment 
of each State by fiscal year under this section; 
‘‘(3) the balance of unobligated sums available 
for expenditure at the discretion of the Secretary for 
such highways and programs for the fiscal year; and 
‘‘(4) the rates of obligation of funds apportioned 
or set aside under this section, according to— 
‘‘(A) program; 
‘‘(B) funding category of subcategory; 
‘‘(C) type of improvement; 
‘‘(D) State; and 
‘‘(E) sub-State geographical area, including 
urbanized and rural areas, on the basis of the 
population of each such area.’’. 
(b) CONFORMING AMENDMENT.—Section 146(a) of 
title 23, United States Code, is amended by striking ‘‘sec-
tions 104(b)(l) and 104(b)(3)’’ and inserting ‘‘section 
104(b)(2)’’. 
SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 
(a) IN GENERAL.—Section 119 of title 23, United 
States Code, is amended to read as follows:
† HR 4348 EAS 
ment on the National Highway System and consistent 
with sections 134 and 135; and 
‘‘(2) for 1 or more of the following purposes: 
‘‘(A) Construction, reconstruction, resur-
facing, restoration, rehabilitation, preservation, 
or operational improvement of segments of the 
National Highway System. 
‘‘(B) Construction, replacement (including 
replacement with fill material), rehabilitation, 
preservation, and protection (including scour 
countermeasures, seismic retrofits, impact protec-
tion measures, security countermeasures, and 
protection against extreme events) of bridges on 
the National Highway System. 
‘‘(C) Construction, replacement (including 
replacement with fill material), rehabilitation, 
preservation, and protection (including impact 
protection measures, security countermeasures, 
and protection against extreme events) of tunnels 
on the National Highway System. 
‘‘(D) Inspection and evaluation, as de-
scribed in section 144, of bridges and tunnels on 
the National Highway System, and inspection 
and evaluation of other highway infrastructure 
assets on the National Highway System, includ-
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ing signs and sign structures, earth retaining 
walls, and drainage structures. 
‘‘(E) Training of bridge and tunnel inspec-
tors, as described in section 144. 
‘‘(F) Construction, rehabilitation, or re-
placement of existing ferry boats and ferry boat 
facilities, including approaches, that connect 
road segments of the National Highway System. 
‘‘(G) Construction, reconstruction, resur-
facing, restoration, rehabilitation, and preserva-
tion of, and operational improvements for, a 
Federal-aid highway not on the National High-
way System, and construction of a transit 
project eligible for assistance under chapter 53 of 
title 49, if— 
‘‘(i) the highway project or transit 
project is in the same corridor as, and in 
proximity to, a fully access-controlled high-
way designated as a part of the National 
Highway System; 
‘‘(ii) the construction or improvements 
will reduce delays or produce travel time 
savings on the fully access-controlled high-
way described in clause (i) and improve re-
gional traffic flow; and
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‘‘(iii) the construction or improvements 
are more cost-effective, as determined by 
benefit-cost analysis, than an improvement 
to the fully access-controlled highway de-
scribed in clause (i). 
‘‘(H) Bicycle transportation and pedestrian 
walkways in accordance with section 217. 
‘‘(I) Highway safety improvements for seg-
ments of the National Highway System. 
‘‘(J) Capital and operating costs for traffic 
and traveler information monitoring, manage-
ment, and control facilities and programs. 
‘‘(K) Development and implementation of a 
State asset management plan for the National 
Highway System in accordance with this section, 
including data collection, maintenance, and inte-
gration and the cost associated with obtaining, 
updating, and licensing software and equipment 
required for risk-based asset management and 
performance-based management. 
‘‘(L) Infrastructure-based intelligent trans-
portation systems capital improvements. 
‘‘(M) Environmental restoration and pollu-
tion abatement in accordance with section 328.
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‘‘(N) Control of noxious weeds and aquatic 
noxious weeds and establishment of native spe-
cies in accordance with section 329. 
‘‘(O) In accordance with all applicable Fed-
eral law (including regulations), participation 
in natural habitat and wetlands mitigation ef-
forts relating to projects funded under this title, 
which may include participation in natural 
habitat and wetlands mitigation banks, contribu-
tions to statewide and regional efforts to con-
serve, restore, enhance, and create natural habi-
tats and wetlands, and development of statewide 
and regional natural habitat and wetlands con-
servation and mitigation plans, including any 
such banks, efforts, and plans developed in ac-
cordance with applicable Federal law (including 
regulations), on the conditions that— 
‘‘(i) contributions to those mitigation 
efforts may— 
‘‘(I) take place concurrent with or 
in advance of project construction; and 
‘‘(II) occur in advance of project 
construction only if the efforts are con-
sistent with all applicable requirements 
of Federal law (including regulations)
† HR 4348 EAS 
and State transportation planning 
processes; and 
‘‘(ii) with respect to participation in a 
natural habitat or wetland mitigation effort 
relating to a project funded under this title 
that has an impact that occurs within the 
service area of a mitigation bank, preference 
is given, to the maximum extent prac-
ticable, to the use of the mitigation bank if 
the bank contains sufficient available cred-
its to offset the impact and the bank is ap-
proved in accordance with applicable Fed-
eral law (including regulations). 
‘‘(P) Replacement (including replacement 
with fill material), rehabilitation, preservation, 
and protection (including scour countermeasures, 
seismic retrofits, impact protection measures, se-
curity countermeasures, and protection against 
extreme events) of bridges on Federal-aid high-
ways (other than on the National Highway Sys-
tem). 
‘‘(e) LIMITATION ON NEW CAPACITY.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the maximum amount that a State may 
obligate under this section for projects under subpara-
† HR 4348 EAS 
graphs (G) and (P) of subsection (d)(2) and that is 
attributable to the portion of the cost of any project 
undertaken to expand the capacity of eligible facilities 
on the National Highway System, in a case in which 
the new capacity consists of 1 or more new travel 
lanes that are not high-occupancy vehicle lanes, shall 
not, in total, exceed 40 percent of the combined appor-
tionments of a State under section 104(b)(1) for the 
most recent 3 consecutive years. 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply to a project for the construction of auxiliary 
lanes and turning lanes or widening of a bridge dur-
ing rehabilitation or replacement to meet current geo-
metric, construction, and structural standards for the 
types and volumes of projected traffic over the design 
life of the project. 
‘‘(f) STATE PERFORMANCE MANAGEMENT.— 
‘‘(1) IN GENERAL.—A State shall develop a risk- 
based asset management plan for the National High-
way System to improve or preserve asset condition 
and system performance. 
‘‘(2) PERFORMANCE
DRIVEN
PLAN.—A State 
asset management plan shall include strategies lead-
ing to a program of projects that would make 
progress toward achievement of the State targets for
101 
† HR 4348 EAS 
‘‘(2) JOINT RESPONSIBILITY.—Each State, each 
affected metropolitan planning organization, and the 
Secretary shall jointly ensure compliance with para-
graph (1).’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code, is amended by 
striking the item relating to section 133 and inserting the 
following: 
‘‘133. Transportation mobility program.’’. 
SEC. 1109. WORKFORCE DEVELOPMENT. 
(a) ON-THE-JOB TRAINING.—Section 140(b) of title 23, 
United States Code, is amended— 
(1) by striking ‘‘Whenever apportionments are 
made under section 104(b)(3),’’ and inserting ‘‘From 
administrative funds made available under section 
104(a),’’; and 
(2) by striking ‘‘the surface transportation pro-
gram under section 104(b) and the bridge program 
under section 144’’ and inserting ‘‘the transportation 
mobility program under section 104(b)’’. 
(b) DISADVANTAGED BUSINESS ENTERPRISE.—Sec-
tion 140(c) of title 23, United States Code, is amended by 
striking ‘‘Whenever apportionments are made under section 
104(b)(3),’’ and inserting ‘‘From administrative funds 
made available under section 104(a),’’.