315 
‘‘(aa) the projects included 
in the transportation improve-
ment program; and 
‘‘(bb) the projects that have 
been removed from the previous 
transportation improvement pro-
gram; and 
‘‘(III) when appropriate, an anal-
ysis of how the preferred scenario has 
improved the conditions and perform-
ance of the transportation system and 
how changes in local policies, invest-
ments, and growth have impacted the 
costs necessary to achieve the identi-
fied performance targets; 
‘‘(v) recommended strategies and in-
vestments for improving system perform-
ance over the planning horizon, including 
transportation systems management and 
operations strategies, maintenance strate-
gies, demand management strategies, asset 
management strategies, capacity and en-
hancement investments, State and local 
economic development and land use im-
provements, intelligent transportation sys-
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316 
tems deployment, and technology adoption 
strategies, as determined by the projected 
support of the performance targets de-
scribed in subsection (h)(2); 
‘‘(vi) recommended strategies and in-
vestments to improve and integrate dis-
ability-related access to transportation in-
frastructure, including strategies and in-
vestments based on a preferred scenario, 
when appropriate; 
‘‘(vii) investment priorities for using 
projected available and proposed revenues 
over the short- and long-term stages of the 
planning horizon, in accordance with the 
financial plan required under paragraph 
(4); 
‘‘(viii) a description of interstate com-
pacts entered into in order to promote co-
ordinated 
transportation 
planning 
in 
multistate areas, if applicable; 
‘‘(ix) an optional illustrative list of 
projects containing investments that— 
‘‘(I) are not included in the met-
ropolitan transportation plan; but 
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‘‘(II) would be so included if re-
sources in addition to the resources 
identified in the financial plan under 
paragraph (4) were available; 
‘‘(x) a discussion (developed in con-
sultation with Federal, State, and tribal 
wildlife, land management, and regulatory 
agencies) of types of potential environ-
mental and stormwater mitigation activi-
ties and potential areas to carry out those 
activities, including activities that may 
have the greatest potential to restore and 
maintain the environmental functions af-
fected by the metropolitan transportation 
plan; and 
‘‘(xi) recommended strategies and in-
vestments, including those developed by 
the State as part of interstate compacts, 
agreements, or organizations, that support 
intercity transportation. 
‘‘(3) SCENARIO DEVELOPMENT.— 
‘‘(A) IN GENERAL.—When preparing the 
metropolitan transportation plan, the metropoli-
tan planning organization may, while fitting the 
needs and complexity of its community, develop 
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multiple scenarios for consideration as a part of 
the development of the metropolitan transpor-
tation plan, in accordance with subparagraph 
(B). 
‘‘(B) COMPONENTS
OF
SCENARIOS.—The 
scenarios— 
‘‘(i) shall include potential regional in-
vestment strategies for the planning hori-
zon; 
‘‘(ii) shall include assumed distribu-
tion of population and employment; 
‘‘(iii) may include a scenario that, to 
the maximum extent practicable, maintains 
baseline conditions for the performance 
measures identified in subsection (h)(2); 
‘‘(iv) may include a scenario that im-
proves the baseline conditions for as many 
of the performance measures identified in 
subsection (h)(2) as possible; 
‘‘(v) shall be revenue constrained 
based on the total revenues expected to be 
available over the forecast period of the 
plan; and 
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319 
‘‘(vi) may include estimated costs and 
potential revenues available to support 
each scenario. 
‘‘(C) METRICS.—In addition to the per-
formance measures identified in subsection 
(h)(2), scenarios developed under this para-
graph may be evaluated using locally-developed 
metrics for the following categories: 
‘‘(i) Congestion and mobility, includ-
ing transportation use by mode. 
‘‘(ii) Freight movement. 
‘‘(iii) Safety. 
‘‘(iv) Efficiency and costs to tax-
payers. 
‘‘(4) FINANCIAL
PLAN.—A financial plan re-
ferred to in paragraph (2)(C)(vii) shall— 
‘‘(A) be prepared by each metropolitan 
planning organization to support the metropoli-
tan transportation plan; and 
‘‘(B) contain a description of each of the 
following: 
‘‘(i) Projected resource requirements 
for implementing projects, strategies, and 
services recommended in the metropolitan 
transportation plan, including existing and 
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projected system operating and mainte-
nance needs, proposed enhancement and 
expansions to the system, projected avail-
able revenue from Federal, State, local, 
and private sources, and innovative financ-
ing techniques to finance projects and pro-
grams. 
‘‘(ii) The projected difference between 
costs and revenues, and strategies for se-
curing additional new revenue (such as by 
capture of some of the economic value cre-
ated by any new investment). 
‘‘(iii) Estimates of future funds, to be 
developed cooperatively by the metropolitan 
planning organization, any public transpor-
tation agency, and the State, that are rea-
sonably expected to be available to support 
the investment priorities recommended in 
the metropolitan transportation plan. 
‘‘(iv) Each applicable project only if 
full funding can reasonably be anticipated 
to be available for the project within the 
time period contemplated for completion of 
the project. 
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‘‘(5) COORDINATION
WITH
CLEAN
AIR
ACT 
AGENCIES.—The metropolitan planning organization 
for any metropolitan area that is a nonattainment 
area or maintenance area shall coordinate the devel-
opment of a transportation plan with the process for 
development of the transportation control measures 
of the State implementation plan required by the 
Clean Air Act (42 U.S.C. 7401 et seq.). 
‘‘(6) PUBLICATION.—On approval by the rel-
evant metropolitan planning organization, a metro-
politan transportation plan involving Federal partici-
pation shall be, at such times and in such manner 
as the Secretary shall require— 
‘‘(A) published or otherwise made readily 
available by the metropolitan planning organi-
zation for public review, including (to the max-
imum extent practicable) in electronically acces-
sible formats and means, such as the Internet; 
and 
‘‘(B) submitted for informational purposes 
to the applicable Governor. 
‘‘(7) CONSULTATION.— 
‘‘(A) IN GENERAL.—In each metropolitan 
area, the metropolitan planning organization 
shall consult, as appropriate, with Federal, trib-
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al, State, and local agencies responsible for land 
use management, natural resources, environ-
mental protection, conservation, and historic 
preservation concerning the development of a 
metropolitan transportation plan. 
‘‘(B) ISSUES.—The consultation under 
subparagraph (A) shall involve, as available, 
consideration of— 
‘‘(i) metropolitan transportation plans 
with Federal, tribal, State, and local con-
servation plans or maps; and 
‘‘(ii) inventories of natural or historic 
resources. 
‘‘(8) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—Notwithstanding paragraph (4), a 
State or metropolitan planning organization shall 
not be required to select any project from the illus-
trative list of additional projects included in the met-
ropolitan transportation plan under paragraph 
(2)(C)(ix). 
‘‘(j) TRANSPORTATION IMPROVEMENT PROGRAM.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN
GENERAL.—In cooperation with 
the applicable State and any affected public 
transportation operator, the metropolitan plan-
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323 
ning organization designated for a metropolitan 
area shall develop a transportation improvement 
program 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, will make sig-
nificant progress toward achieving the per-
formance targets established under sub-
section (h)(2). 
‘‘(B) 
OPPORTUNITY
FOR
PARTICIPA-
TION.—In developing the transportation im-
provement program, the metropolitan planning 
organization, in cooperation with the State and 
any affected public transportation operator, 
shall provide an opportunity for participation by 
interested parties, in accordance with sub-
section (h)(4). 
‘‘(C) UPDATING
AND
APPROVAL.—The 
transportation improvement program shall be— 
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‘‘(i) updated not less frequently than 
once every 4 years, on a cycle compatible 
with the development of the relevant state-
wide transportation improvement program 
under section 135; and 
‘‘(ii) approved by the applicable Gov-
ernor. 
‘‘(2) CONTENTS.— 
‘‘(A) PRIORITY LIST.—The transportation 
improvement program shall include a priority 
list of proposed federally supported projects and 
strategies to be carried out during the 4-year 
period beginning on the date of adoption of the 
transportation improvement program, and each 
4-year period thereafter, using existing and rea-
sonably available revenues in accordance with 
the financial plan under paragraph (3). 
‘‘(B) DESCRIPTIONS.—Each project de-
scribed in the transportation improvement pro-
gram shall include sufficient descriptive mate-
rial (such as type of work, termini, length, and 
other similar factors) to identify the project or 
phase of the project and the effect that the 
project or project phase will have in addressing 
the targets described in subsection (h)(2). 
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‘‘(C) PERFORMANCE
TARGET
ACHIEVE-
MENT.—The transportation improvement pro-
gram shall include, to the maximum extent 
practicable, a description of the anticipated ef-
fect of the transportation improvement program 
on attainment of the performance targets estab-
lished in the metropolitan transportation plan, 
linking investment priorities to those perform-
ance targets. 
‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.— 
In developing a transportation improvement 
program, an optional illustrative list of projects 
may be prepared containing additional invest-
ment priorities that— 
‘‘(i) are not included in the transpor-
tation improvement program; but 
‘‘(ii) would be so included if resources 
in addition to the resources identified in 
the financial plan under paragraph (3) 
were available. 
‘‘(3) FINANCIAL
PLAN.—A financial plan re-
ferred to in paragraph (2)(D)(ii) shall— 
‘‘(A) be prepared by each metropolitan 
planning organization to support the transpor-
tation improvement program; and 
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‘‘(B) contain a description of each of the 
following: 
‘‘(i) Projected resource requirements 
for implementing projects, strategies, and 
services recommended in the transpor-
tation improvement program, including ex-
isting and projected system operating and 
maintenance needs, proposed enhancement 
and expansions to the system, projected 
available revenue from Federal, State, 
local, and private sources, and innovative 
financing techniques to finance projects 
and programs. 
‘‘(ii) The projected difference between 
costs and revenues, and strategies for se-
curing additional new revenue (such as by 
capture of some of the economic value cre-
ated by any new investment). 
‘‘(iii) Estimates of future funds, to be 
developed cooperatively by the metropolitan 
planning organization, any public transpor-
tation agency, and the State, that are rea-
sonably expected to be available to support 
the investment priorities recommended in 
the transportation improvement program. 
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‘‘(iv) Each applicable project, only if 
full funding can reasonably be anticipated 
to be available for the project within the 
time period contemplated for completion of 
the project. 
‘‘(4) INCLUDED PROJECTS.— 
‘‘(A) PROJECTS UNDER THIS TITLE AND 
CHAPTER
OF
TITLE
49.—A transportation 
improvement program developed under this sub-
section for a metropolitan area shall include a 
description of 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.— 
Each regionally significant project pro-
posed for funding under chapter 2 shall be 
identified individually in the transportation 
improvement program. 
‘‘(ii) 
NONREGIONALLY
SIGNIFI-
CANT.—A description of each project pro-
posed for funding under chapter 2 that is 
not determined to be regionally significant 
shall be contained in 1 line item or identi-
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fied individually in the transportation im-
provement program. 
‘‘(5) OPPORTUNITY FOR PARTICIPATION.—Be-
fore approving a transportation improvement pro-
gram, a metropolitan planning organization, in co-
operation with the State and any affected public 
transportation operator, shall provide an opportunity 
for participation by interested parties in the develop-
ment of the transportation improvement program, in 
accordance with subsection (h)(4). 
‘‘(6) SELECTION OF PROJECTS.— 
‘‘(A) IN GENERAL.—Each tier I MPO and 
tier II MPO shall select projects carried out 
within the boundaries of the applicable metro-
politan planning area from the transportation 
improvement program, in consultation with the 
relevant State and on concurrence of the af-
fected facility owner, for funds apportioned to 
the State under section 104(b)(2) and suballo-
cated to the metropolitan planning area under 
section 133(d). 
‘‘(B) PROJECTS
UNDER
CHAPTER
OF 
TITLE 49.—In the case of projects under chap-
ter 53 of title 49, the selection of federally 
funded projects in metropolitan areas shall be 
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carried out, from the approved transportation 
improvement program, by the designated recipi-
ents of public transportation funding in co-
operation with the metropolitan planning orga-
nization. 
‘‘(C) CMAQ PROJECTS.—Each tier I MPO 
shall select projects carried out within the 
boundaries of the applicable metropolitan plan-
ning area from the transportation improvement 
program, in consultation with the relevant State 
and on concurrence of the affected facility 
owner, for funds apportioned to the State under 
section 104(b)(4) and suballocated to the met-
ropolitan planning area under section 149(j). 
‘‘(D) MODIFICATIONS
TO
PROJECT
PRI-
ORITY.—Notwithstanding any other provision of 
law, approval by the Secretary shall not be re-
quired to carry out a project included in a 
transportation improvement program in place of 
another project in the transportation improve-
ment program. 
‘‘(7) PUBLICATION.— 
‘‘(A) IN GENERAL.—A transportation im-
provement program shall be published or other-
wise made readily available by the applicable 
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metropolitan planning organization for public 
review in electronically accessible formats and 
means, such as the Internet. 
‘‘(B) ANNUAL LIST OF PROJECTS.—An an-
nual list of projects, including investments in 
pedestrian walkways, bicycle transportation fa-
cilities, and intermodal facilities that support 
intercity transportation, for which Federal 
funds have been obligated during the preceding 
fiscal year shall be published or otherwise made 
available by the cooperative effort of the State, 
public transportation operator, and metropoli-
tan planning organization in electronically ac-
cessible formats and means, such as the Inter-
net, in a manner that is consistent with the cat-
egories identified in the relevant transportation 
improvement program. 
‘‘(k) PLANNING
REQUIREMENTS
FOR
TIER
II 
MPOS.— 
‘‘(1) IN GENERAL.—The Secretary may provide 
for the performance-based development of a metro-
politan transportation plan and transportation im-
provement program for the metropolitan planning 
area of a tier II MPO, as the Secretary determines 
to be appropriate, taking into account— 
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‘‘(A) the complexity of transportation 
needs in the area; and 
‘‘(B) the technical capacity of the metro-
politan planning organization. 
‘‘(2) EVALUATION
OF
PERFORMANCE-BASED 
PLANNING.—In reviewing a tier II MPO under sub-
section (m), the Secretary shall take into consider-
ation the effectiveness of the tier II MPO in imple-
menting and maintaining a performance-based plan-
ning process that— 
‘‘(A) addresses the performance targets de-
scribed in subsection (h)(2); and 
‘‘(B) 
demonstrates 
progress 
on 
the 
achievement of those performance targets. 
‘‘(l) CERTIFICATION.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) ensure that the metropolitan trans-
portation planning process of a metropolitan 
planning organization is being carried out in ac-
cordance with applicable Federal law; and 
‘‘(B) subject to paragraph (2), certify, not 
less frequently than once every 4 years, that the 
requirements of subparagraph (A) are met with 
respect to the metropolitan transportation plan-
ning process. 
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332 
‘‘(2) REQUIREMENTS
FOR
CERTIFICATION.— 
The Secretary may make a certification under para-
graph (1)(B) if— 
‘‘(A) the metropolitan transportation plan-
ning process complies with the requirements of 
this section and other applicable Federal law; 
‘‘(B) representation on the metropolitan 
planning organization board includes officials of 
public agencies that administer or operate 
major modes of transportation in the relevant 
metropolitan area, including providers of public 
transportation; and 
‘‘(C) a transportation improvement pro-
gram for the metropolitan planning area has 
been approved by the relevant metropolitan 
planning organization and applicable Governor. 
‘‘(3) DELEGATION OF AUTHORITY.—The Sec-
retary may— 
‘‘(A) delegate to the appropriate State 
fact-finding authority regarding the certification 
of a tier II MPO under this subsection; and 
‘‘(B) make the certification under para-
graph (1) in consultation with the State. 
‘‘(4) EFFECT OF FAILURE TO CERTIFY.— 
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333 
‘‘(A) 
WITHHOLDING
OF
PROJECT 
FUNDS.—If a metropolitan transportation plan-
ning process of a metropolitan planning organi-
zation is not certified under paragraph (1), the 
Secretary may withhold up to 20 percent of the 
funds attributable to the metropolitan planning 
area of the metropolitan planning organization 
for projects funded under this title and chapter 
53 of title 49. 
‘‘(B) 
RESTORATION
OF
WITHHELD 
FUNDS.—Any funds withheld under subpara-
graph (A) shall be restored to the metropolitan 
planning area on the date of certification of the 
metropolitan transportation planning process by 
the Secretary. 
‘‘(5) PUBLIC INVOLVEMENT.—In making a de-
termination regarding certification under this sub-
section, the Secretary shall provide for public in-
volvement appropriate to the metropolitan planning 
area under review. 
‘‘(m) PERFORMANCE-BASED PLANNING PROCESSES 
EVALUATION.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish criteria to evaluate the effectiveness of the per-
formance-based planning processes of metropolitan 
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334 
planning organizations under this section, taking 
into consideration the following: 
‘‘(A) The extent to which the metropolitan 
planning organization has achieved, or is cur-
rently making substantial progress toward 
achieving, the performance targets specified in 
subsection (h)(2), taking into account whether 
the metropolitan planning organization devel-
oped meaningful performance targets. 
‘‘(B) The extent to which the metropolitan 
planning organization has used proven best 
practices that help ensure transportation invest-
ment that is efficient and cost-effective. 
‘‘(C) The extent to which the metropolitan 
planning organization— 
‘‘(i) has developed an investment proc-
ess that relies on public input and aware-
ness to ensure that investments are trans-
parent and accountable; and 
‘‘(ii) provides regular reports allowing 
the public to access the information being 
collected in a format that allows the public 
to meaningfully assess the performance of 
the metropolitan planning organization. 
‘‘(2) REPORT.— 
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335 
‘‘(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 per-
formance-based planning as a tool for 
guiding transportation investments; and 
‘‘(ii) the effectiveness of the perform-
ance-based planning process of each metro-
politan planning organization under this 
section. 
‘‘(B) PUBLICATION.—The report under 
subparagraph (A) shall be published or other-
wise made available in electronically accessible 
formats and means, including on the Internet. 
‘‘(n) ADDITIONAL REQUIREMENTS
FOR CERTAIN 
NONATTAINMENT AREAS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this title or chapter 53 of title 49, Fed-
eral funds may not be advanced in any metropolitan 
planning area classified as a nonattainment area or 
maintenance area for any highway project that will 
result in a significant increase in the carrying capac-
ity for single-occupant vehicles, unless the owner or 
operator of the project demonstrates that the project 
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336 
will achieve or make substantial progress toward 
achieving the performance targets described in sub-
section (h)(2). 
‘‘(2) APPLICABILITY.—This subsection applies 
to any nonattainment area or maintenance area 
within the boundaries of a metropolitan planning 
area, as determined under subsection (c). 
‘‘(o) EFFECT OF SECTION.—Nothing in this section 
provides to any metropolitan planning organization the 
authority to impose any legal requirement on any trans-
portation facility, provider, or project not subject to the 
requirements of this title or chapter 53 of title 49. 
‘‘(p) FUNDING.—Funds apportioned under section 
104(b)(6) of this title and set aside under section 5305(g) 
of title 49 shall be available to carry out this section. 
‘‘(q) CONTINUATION OF CURRENT REVIEW PRAC-
TICE.— 
‘‘(1) IN GENERAL.—In consideration of the fac-
tors described in paragraph (2), any decision by the 
Secretary concerning a metropolitan transportation 
plan or transportation improvement program shall 
not be considered to be a Federal action subject to 
review under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). 
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337 
‘‘(2) DESCRIPTION OF FACTORS.—The factors 
referred to in paragraph (1) are that— 
‘‘(A) metropolitan transportation plans and 
transportation improvement programs are sub-
ject to a reasonable opportunity for public com-
ment; 
‘‘(B) the projects included in metropolitan 
transportation plans and transportation im-
provement programs are subject to review 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); and 
‘‘(C) decisions by the Secretary concerning 
metropolitan transportation plans and transpor-
tation improvement programs have not been re-
viewed under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.) as of 
January 1, 1997. 
‘‘(r) SCHEDULE FOR IMPLEMENTATION.—The Sec-
retary shall issue guidance on a schedule for implementa-
tion of the changes made by this section, taking into con-
sideration the established planning update cycle for metro-
politan planning organizations. The Secretary shall not re-
quire a metropolitan planning organization to deviate from 
its established planning update cycle to implement 
changes made by this section. Metropolitan planning orga-
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nizations shall reflect changes made to their transpor-
tation plan or transportation improvement program up-
dates by not later than 2 years after the date of issuance 
of guidance by the Secretary.’’. 
SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANS-
PORTATION PLANNING. 
(a) IN GENERAL.—Section 135 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 135. Statewide and nonmetropolitan transpor-
tation planning 
‘‘(a) STATEWIDE
TRANSPORTATION
PLANS
AND 
STIPS.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN
GENERAL.—To accomplish the 
policy objectives described in section 134(a), 
each State shall develop a statewide transpor-
tation plan and a statewide transportation im-
provement program for all areas of the State in 
accordance with this section. 
‘‘(B) INCORPORATION OF METROPOLITAN 
TRANSPORTATION
PLANS
AND
TIPS.—Each 
State shall incorporate in the statewide trans-
portation plan and statewide transportation im-
provement program, without change or by ref-
erence, the metropolitan transportation plans 
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and transportation improvement programs, re-
spectively, for each metropolitan planning area 
in the State. 
‘‘(C) NONMETROPOLITAN
AREAS.—Each 
State shall consult with local officials in small 
urbanized areas with a population of 50,000 or 
more individuals, but fewer than 200,000 indi-
viduals, as calculated according to the most re-
cent decennial census, and nonurbanized areas 
of the State in preparing the nonmetropolitan 
portions of statewide transportation plans and 
statewide 
transportation 
improvement 
pro-
grams. 
‘‘(2) CONTENTS.—The statewide transportation 
plan and statewide transportation improvement pro-
gram developed for each State shall provide for the 
development and integrated management and oper-
ation of transportation systems and facilities (includ-
ing accessible pedestrian walkways, bicycle transpor-
tation facilities, and intermodal facilities that sup-
port intercity transportation) that will function as— 
‘‘(A) an intermodal transportation system 
for the State; and 
‘‘(B) an integral part of an intermodal 
transportation system for the United States. 
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‘‘(3) PROCESS.—The process for developing the 
statewide transportation plan and statewide trans-
portation improvement program shall— 
‘‘(A) provide for consideration of all modes 
of transportation; and 
‘‘(B) be continuing, cooperative, and com-
prehensive to the degree appropriate, based on 
the complexity of the transportation needs to be 
addressed. 
‘‘(b) COORDINATION AND CONSULTATION.— 
‘‘(1) IN GENERAL.—Each State shall— 
‘‘(A) coordinate planning carried out under 
this section with— 
‘‘(i) the transportation planning ac-
tivities carried out under section 134 for 
metropolitan areas of the State; and 
‘‘(ii) statewide trade and economic de-
velopment planning activities and related 
multistate planning efforts; 
‘‘(B) coordinate planning carried out under 
this section with the transportation planning 
activities carried out by each nonmetropolitan 
planning organization in the State, as applica-
ble; 
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‘‘(C) consult on planning carried out under 
this section with the transportation planning 
activities carried out by each rural planning or-
ganization in the State, as applicable; and 
‘‘(D) develop the transportation portion of 
the State implementation plan as required by 
the Clean Air Act (42 U.S.C. 7401 et seq.). 
‘‘(2) MULTISTATE AREAS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
encourage each Governor with responsibility for 
a portion of a multistate metropolitan planning 
area and the appropriate metropolitan planning 
organizations to provide coordinated transpor-
tation planning for the entire metropolitan 
area. 
‘‘(B) COORDINATION ALONG DESIGNATED 
TRANSPORTATION
CORRIDORS.—The Secretary 
shall encourage each Governor with responsi-
bility for a portion of a multistate transpor-
tation corridor to provide coordinated transpor-
tation planning for the entire designated cor-
ridor. 
‘‘(C) INTERSTATE
COMPACTS.—For pur-
poses of this section, any 2 or more States— 
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‘‘(i) may enter into compacts, agree-
ments, or organizations not in conflict with 
any Federal law for cooperative efforts and 
mutual assistance in support of activities 
authorized under this section, as the activi-
ties relate to interstate areas and localities 
within the States; 
‘‘(ii) may establish such agencies 
(joint or otherwise) as the States deter-
mine to be appropriate for ensuring the ef-
fectiveness of the agreements and com-
pacts; and 
‘‘(iii) are encouraged to enter into 
such compacts, agreements, or organiza-
tions as are appropriate to develop plan-
ning documents in support of intercity or 
multistate area projects, facilities, and 
services, the relevant components of which 
shall be reflected in statewide transpor-
tation improvement programs and state-
wide transportation plans. 
‘‘(D) RESERVATION
OF
RIGHTS.—The 
right to alter, amend, or repeal any interstate 
compact or agreement entered into under this 
subsection is expressly reserved. 
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‘‘(c) RELATIONSHIP WITH OTHER PLANNING OFFI-
CIALS.— 
‘‘(1) IN GENERAL.—The Secretary shall encour-
age each State to cooperate with Federal, tribal, 
State, and local officers and entities responsible for 
other types of planning activities that are affected 
by transportation in the relevant area (including 
planned growth, economic development, infrastruc-
ture services, housing, other public services, environ-
mental protection, airport operations, high-speed and 
intercity passenger rail, freight rail, port access, and 
freight movements), to the maximum extent prac-
ticable, to ensure that the statewide and nonmetro-
politan planning process, statewide transportation 
plans, and statewide transportation improvement 
programs are developed with due consideration for 
other related planning activities in the State. 
‘‘(2) INCLUSION.—Cooperation under para-
graph (1) shall include the design and delivery of 
transportation services within the State that are pro-
vided by— 
‘‘(A) recipients of assistance under sections 
202, 203, and 204; 
‘‘(B) recipients of assistance under chapter 
53 of title 49; 
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‘‘(C) government agencies and nonprofit 
organizations (including representatives of the 
agencies and organizations) that receive Federal 
assistance from a source other than the Depart-
ment 
of 
Transportation 
to 
provide 
non-
emergency transportation services; and 
‘‘(D) sponsors of regionally significant pro-
grams, projects, and services that are related to 
transportation and receive assistance from any 
public or private source. 
‘‘(d) SCOPE OF PLANNING PROCESS.— 
‘‘(1) IN
GENERAL.—The statewide transpor-
tation planning process for a State under this sec-
tion shall provide for consideration of projects, strat-
egies, and services that will— 
‘‘(A) support the economic vitality of the 
United States, the State, nonmetropolitan 
areas, and metropolitan areas, especially by en-
abling global competitiveness, travel and tour-
ism (where applicable), productivity, and effi-
ciency; 
‘‘(B) increase the safety of the transpor-
tation system for motorized and nonmotorized 
users; 
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‘‘(C) increase the security of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(D) increase the accessibility and mobility 
of individuals and freight; 
‘‘(E) protect and enhance the environment, 
promote energy conservation, improve the qual-
ity of life, and promote consistency between 
transportation improvements and State and 
local planned growth and economic development 
patterns; 
‘‘(F) 
enhance 
the 
integration 
and 
connectivity of the transportation system, 
across and between modes, for individuals and 
freight; 
‘‘(G) increase efficient system management 
and operation; and 
‘‘(H) emphasize the preservation of the ex-
isting transportation system. 
‘‘(2) PERFORMANCE-BASED APPROACH.— 
‘‘(A) IN GENERAL.—The statewide trans-
portation 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 
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150(b) of this title and section 5301(c) of title 
49. 
‘‘(B) SURFACE
TRANSPORTATION
PER-
FORMANCE TARGETS.— 
‘‘(i) IN GENERAL.—Each State shall 
establish performance targets that address 
the performance measures described in sec-
tions 119(f), 148(h), and 167(i) to use in 
tracking attainment of critical outcomes 
for the region of the State. 
‘‘(ii) 
COORDINATION.—Selection 
of 
performance targets by a State shall be co-
ordinated with relevant metropolitan plan-
ning organizations to ensure consistency, 
to the maximum extent practicable. 
‘‘(C) PUBLIC TRANSPORTATION PERFORM-
ANCE TARGETS.—For providers of public trans-
portation operating in urbanized areas with a 
population of fewer than 200,000 individuals, 
as calculated according to the most recent de-
cennial census, and not represented by a metro-
politan planning organization, each State shall 
adopt the performance targets identified by 
such providers of public transportation pursu-
ant to sections 5326(c) and 5329(d) of title 49 
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for use in tracking attainment of critical out-
comes for the region of the metropolitan plan-
ning organization. 
‘‘(D) INTEGRATION OF OTHER PERFORM-
ANCE-BASED
PLANS.—A State shall integrate 
into the statewide transportation planning proc-
ess, directly or by reference, the goals, objec-
tives, performance measures, and performance 
targets described in this paragraph in other 
State plans and processes, and asset manage-
ment and safety plans developed by providers of 
public transportation in urbanized areas with a 
population of fewer than 200,000 individuals, 
as calculated according to the most recent de-
cennial census, and not represented by a metro-
politan planning organization, required as part 
of a performance-based program, including 
plans such as— 
‘‘(i) the State National Highway Sys-
tem asset management plan; 
‘‘(ii) asset management plans devel-
oped by providers of public transportation; 
‘‘(iii) the State strategic highway safe-
ty plan; 
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‘‘(iv) a congestion mitigation and air 
quality performance plan developed under 
section 149(k) by a tier I metropolitan 
planning organization (as defined in sec-
tion 134) representing a nonattainment or 
maintenance area; 
‘‘(v) safety plans developed by pro-
viders of public transportation; and 
‘‘(vi) the national freight strategic 
plan. 
‘‘(E) USE
OF
PERFORMANCE
MEASURES 
AND
TARGETS.—The performance measures 
and targets established under this paragraph 
shall be used, at a minimum, by a State as the 
basis for development of policies, programs, and 
investment priorities reflected in the statewide 
transportation plan and statewide transpor-
tation improvement program. 
‘‘(3) FAILURE
TO
CONSIDER
FACTORS.—The 
failure to take into consideration 1 or more of 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 trans-
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portation improvement program, a project or strat-
egy, or the certification of a planning process. 
‘‘(4) PARTICIPATION
BY
INTERESTED
PAR-
TIES.— 
‘‘(A) IN GENERAL.—Each State shall pro-
vide to— 
‘‘(i) nonmetropolitan local elected offi-
cials an opportunity to participate in ac-
cordance with subparagraph (B)(i); and 
‘‘(ii) affected individuals, public agen-
cies, and other interested parties notice 
and a reasonable opportunity to comment 
on the statewide transportation plan and 
statewide transportation improvement pro-
gram. 
‘‘(B) METHODS.—In carrying out this 
paragraph, the State shall— 
‘‘(i) develop and document a consult-
ative process to carry out subparagraph 
(A)(i) that is separate and discrete from 
the public involvement process developed 
under clause (ii); 
‘‘(ii) develop the statewide transpor-
tation plan and statewide transportation 
improvement program in consultation with 
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350 
interested parties, as appropriate, includ-
ing by the formation of advisory groups 
representative of the State and interested 
parties that participate in the development 
of the statewide transportation plan and 
statewide transportation improvement pro-
gram; 
‘‘(iii) hold any public meetings at 
times and locations that are, as applica-
ble— 
‘‘(I) convenient; and 
‘‘(II) in compliance with the 
Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); 
‘‘(iv) employ visualization techniques 
to describe statewide transportation plans 
and statewide transportation improvement 
programs; and 
‘‘(v) make public information available 
in appropriate electronically accessible for-
mats and means, such as the Internet, to 
afford reasonable opportunity for consider-
ation of public information under subpara-
graph (A). 
‘‘(e) COORDINATION AND CONSULTATION.— 
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‘‘(1) METROPOLITAN AREAS.— 
‘‘(A) IN GENERAL.—Each State shall de-
velop a statewide transportation plan and state-
wide transportation improvement program for 
each metropolitan area in the State by incor-
porating, without change or by reference, at a 
minimum, as prepared by each metropolitan 
planning organization designated for the metro-
politan area under section 134— 
‘‘(i) all regionally significant projects 
to be carried out during the 10-year period 
beginning on the effective date of the rel-
evant existing metropolitan transportation 
plan; and 
‘‘(ii) all projects to be carried out dur-
ing the 4-year period beginning on the ef-
fective date of the relevant transportation 
improvement program. 
‘‘(B) PROJECTED COSTS.—Each metropoli-
tan planning organization shall provide to each 
applicable State a description of the projected 
costs of implementing the projects included in 
the metropolitan transportation plan of the 
metropolitan planning organization for purposes 
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of metropolitan financial planning and fiscal 
constraint. 
‘‘(2) NONMETROPOLITAN AREAS.—With respect 
to nonmetropolitan areas in a State, the statewide 
transportation plan and statewide transportation im-
provement program of the State shall be developed 
in consultation with affected nonmetropolitan local 
officials with responsibility for transportation, in-
cluding providers of public transportation. 
‘‘(3) INDIAN TRIBAL AREAS.—With respect to 
each area of a State under the jurisdiction of an In-
dian tribe, the statewide transportation plan and 
statewide transportation improvement program of 
the State shall be developed in consultation with— 
‘‘(A) the tribal government; and 
‘‘(B) the Secretary of the Interior. 
‘‘(4) FEDERAL
LAND
MANAGEMENT
AGEN-
CIES.—With respect to each area of a State under 
the jurisdiction of a Federal land management agen-
cy, the statewide transportation plan and statewide 
transportation improvement program of the State 
shall be developed in consultation with the relevant 
Federal land management agency. 
‘‘(5) CONSULTATION, COMPARISON, AND CON-
SIDERATION.— 
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353 
‘‘(A) IN GENERAL.—A statewide transpor-
tation plan shall be developed, as appropriate, 
in consultation with Federal, tribal, State, and 
local agencies responsible for land use manage-
ment, natural resources, infrastructure permit-
ting, environmental protection, conservation, 
and historic preservation. 
‘‘(B) COMPARISON AND CONSIDERATION.— 
Consultation under subparagraph (A) shall in-
volve the comparison of statewide transpor-
tation plans to, as available— 
‘‘(i) Federal, tribal, State, and local 
conservation plans or maps; and 
‘‘(ii) inventories of natural or historic 
resources. 
‘‘(f) STATEWIDE TRANSPORTATION PLAN.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN GENERAL.—Each State shall de-
velop a statewide transportation plan, the fore-
cast period of which shall be not less than 20 
years for all areas of the State, that provides 
for the development and implementation of the 
intermodal transportation system of the State. 
‘‘(B) INITIAL PERIOD.—A statewide trans-
portation plan shall include, at a minimum, for 
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the first 10-year period of the statewide trans-
portation plan, the identification of existing and 
future transportation facilities that will function 
as an integrated statewide transportation sys-
tem, giving emphasis to those facilities that 
serve important national, statewide, and re-
gional transportation functions. 
‘‘(C) SUBSEQUENT PERIOD.—For the sec-
ond 10-year period of the statewide transpor-
tation plan (referred to in this subsection as the 
‘outer years period’), a statewide transportation 
plan— 
‘‘(i) may include identification of fu-
ture transportation facilities; and 
‘‘(ii) shall describe the policies and 
strategies that provide for the development 
and implementation of the intermodal 
transportation system of the State. 
‘‘(D) OTHER
REQUIREMENTS.—A state-
wide transportation plan shall— 
‘‘(i) include, for the 20-year period 
covered by the statewide transportation 
plan, a description of— 
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355 
‘‘(I) the projected aggregate cost 
of projects anticipated by a State to 
be implemented; and 
‘‘(II) the revenues necessary to 
support the projects; 
‘‘(ii) include, in such form as the Sec-
retary determines to be appropriate, a de-
scription of— 
‘‘(I) the existing transportation 
infrastructure, including an identifica-
tion of highways, local streets and 
roads, bicycle and pedestrian facilities, 
public transportation facilities and 
services, commuter rail facilities and 
services, high-speed and intercity pas-
senger rail facilities and services, 
freight facilities (including freight 
railroad 
and 
port 
facilities), 
multimodal and intermodal facilities, 
and intermodal connectors that, evalu-
ated in the aggregate, function as an 
integrated transportation system; 
‘‘(II) the performance measures 
and performance targets used in as-
sessing the existing and future per-
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356 
formance of the transportation system 
described in subsection (d)(2); 
‘‘(III) the current and projected 
future usage of the transportation 
system, including, to the maximum 
extent practicable, an identification of 
existing or planned transportation 
rights-of-way, corridors, facilities, and 
related real properties; 
‘‘(IV) a system performance re-
port evaluating the existing and fu-
ture condition and performance of the 
transportation system with respect to 
the performance targets described in 
subsection (d)(2) and updates to sub-
sequent system performance reports, 
including— 
‘‘(aa) progress achieved by 
the State in meeting performance 
targets, as compared to system 
performance recorded in previous 
reports; and 
‘‘(bb) an accounting of the 
performance by the State on out-
lay of obligated project funds and 
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357 
delivery of projects that have 
reached substantial completion, 
in relation to the projects cur-
rently on the statewide transpor-
tation improvement program and 
those projects that have been re-
moved from the previous state-
wide transportation improvement 
program; 
‘‘(V) recommended strategies and 
investments for improving system per-
formance over the planning horizon, 
including transportation systems man-
agement and operations strategies, 
maintenance strategies, demand man-
agement strategies, asset management 
strategies, capacity and enhancement 
investments, land use improvements, 
intelligent transportation systems de-
ployment and technology adoption 
strategies as determined by the pro-
jected support of performance targets 
described in subsection (d)(2); 
‘‘(VI) 
recommended 
strategies 
and investments to improve and inte-
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grate 
disability-related 
access 
to 
transportation infrastructure; 
‘‘(VII) investment priorities for 
using projected available and proposed 
revenues over the short- and long- 
term stages of the planning horizon, 
in accordance with the financial plan 
required under paragraph (2); 
‘‘(VIII) a description of inter-
state compacts entered into in order 
to promote coordinated transportation 
planning in multistate areas, if appli-
cable; 
‘‘(IX) an optional illustrative list 
of projects containing investments 
that— 
‘‘(aa) are not included in the 
statewide 
transportation 
plan; 
but 
‘‘(bb) would be so included if 
resources in addition to the re-
sources identified in the financial 
plan under paragraph (2) were 
available; 
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‘‘(X) a discussion (developed in 
consultation with Federal, State, and 
tribal wildlife, land management, and 
regulatory agencies) of types of poten-
tial environmental and stormwater 
mitigation activities and potential 
areas to carry out those activities, in-
cluding activities that may have the 
greatest potential to restore and 
maintain the environmental functions 
affected by the statewide transpor-
tation plan; and 
‘‘(XI) 
recommended 
strategies 
and investments, including those de-
veloped by the State as part of inter-
state compacts, agreements, or orga-
nizations, that support intercity trans-
portation; and 
‘‘(iii) be updated by the State not less 
frequently than once every 5 years. 
‘‘(2) FINANCIAL
PLAN.—A financial plan re-
ferred to in paragraph (1)(D)(ii)(VII) shall— 
‘‘(A) be prepared by each State to support 
the statewide transportation plan; and 
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‘‘(B) contain a description of each of the 
following: 
‘‘(i) Projected resource requirements 
during the 20-year planning horizon for 
implementing 
projects, 
strategies, 
and 
services recommended in the statewide 
transportation plan, including existing and 
projected system operating and mainte-
nance needs, proposed enhancement and 
expansions to the system, projected avail-
able revenue from Federal, State, local, 
and private sources, and innovative financ-
ing techniques to finance projects and pro-
grams. 
‘‘(ii) The projected difference between 
costs and revenues, and strategies for se-
curing additional new revenue (such as by 
capture of some of the economic value cre-
ated by any new investment). 
‘‘(iii) Estimates of future funds, to be 
developed cooperatively by the State, any 
public transportation agency, and relevant 
metropolitan planning organizations, that 
are reasonably expected to be available to 
support the investment priorities rec-
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ommended in the statewide transportation 
plan. 
‘‘(iv) Each applicable project, only if 
full funding can reasonably be anticipated 
to be available for the project within the 
time period contemplated for completion of 
the project. 
‘‘(v) For the outer years period of the 
statewide transportation plan, a descrip-
tion of the aggregate cost ranges or bands, 
subject to the condition that any future 
funding source shall be reasonably ex-
pected to be available to support the pro-
jected cost ranges or bands. 
‘‘(3) COORDINATION
WITH
CLEAN
AIR
ACT 
AGENCIES.—For any nonmetropolitan area that is a 
nonattainment area or maintenance area, the State 
shall coordinate the development of the statewide 
transportation plan with the process for development 
of the transportation control measures of the State 
implementation plan required by the Clean Air Act 
(42 U.S.C. 7401 et seq.). 
‘‘(4) PUBLICATION.—A statewide transpor-
tation plan involving Federal and non-Federal par-
ticipation programs, projects, and strategies shall be 
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362 
published or otherwise made readily available by the 
State for public review, including (to the maximum 
extent practicable) in electronically accessible for-
mats and means, such as the Internet, in such man-
ner as the Secretary shall require. 
‘‘(5) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—Notwithstanding paragraph (2), a 
State shall not be required to select any project from 
the illustrative list of additional projects included in 
the statewide transportation plan under paragraph 
(1)(D)(ii)(IX). 
‘‘(6) USE OF POLICY PLANS.—Notwithstanding 
any other provision of this section, a State that has 
in effect, as of the date of enactment of the MAP– 
21, a statewide transportation plan that follows a 
policy plan approach— 
‘‘(A) may, for 4 years after the date of en-
actment of the MAP–21, continue to use a pol-
icy plan approach to the statewide transpor-
tation plan; and 
‘‘(B) shall be subject to the requirements 
of this subsection only to the extent that such 
requirements were applicable under this section 
(as in effect on the day before the date of en-
actment of the MAP–21). 
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‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT 
PROGRAMS.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN GENERAL.—In consultation with 
nonmetropolitan officials with responsibility for 
transportation and affected public transpor-
tation operators, the State shall develop a state-
wide transportation improvement program for 
the State that— 
‘‘(i) includes projects consistent with 
the statewide transportation plan; 
‘‘(ii) reflects the investment priorities 
established in the statewide transportation 
plan; and 
‘‘(iii) once implemented, makes sig-
nificant progress toward achieving the per-
formance targets described in subsection 
(d)(2). 
‘‘(B) 
OPPORTUNITY
FOR
PARTICIPA-
TION.—In developing a statewide transportation 
improvement program, the State, in cooperation 
with affected public transportation operators, 
shall provide an opportunity for participation by 
interested parties (including State representa-
tives of nonmotorized users) in the development 
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of the statewide transportation improvement 
program, in accordance with subsection (e). 
‘‘(C) OTHER REQUIREMENTS.— 
‘‘(i) IN GENERAL.—A statewide trans-
portation improvement program shall— 
‘‘(I) cover a period of not less 
than 4 years; and 
‘‘(II) be updated not less fre-
quently than once every 4 years, or 
more frequently, as the Governor de-
termines to be appropriate. 
‘‘(ii) INCORPORATION
OF
TIPS.—A 
statewide transportation improvement pro-
gram shall incorporate any relevant trans-
portation improvement program developed 
by a metropolitan planning organization 
under section 134, without change. 
‘‘(iii) PROJECTS.—Each project in-
cluded in a statewide transportation im-
provement program shall be— 
‘‘(I) consistent with the statewide 
transportation plan developed under 
this section for the State; 
‘‘(II) identical to a project or 
phase of a project described in a rel-
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evant 
transportation 
improvement 
program; and 
‘‘(III) for any project located in a 
nonattainment area or maintenance 
area, carried out in accordance with 
the applicable State air quality imple-
mentation plan developed under the 
Clean Air Act (42 U.S.C. 7401 et 
seq.). 
‘‘(2) CONTENTS.— 
‘‘(A) PRIORITY LIST.—A statewide trans-
portation improvement program shall include a 
priority list of proposed federally supported 
projects and strategies, to be carried out during 
the 4-year period beginning on the date of 
adoption of the statewide transportation im-
provement program, and during each 4-year pe-
riod thereafter, using existing and reasonably 
available revenues in accordance with the finan-
cial plan under paragraph (3). 
‘‘(B) DESCRIPTIONS.—Each project or 
phase of a project included in a statewide trans-
portation improvement program shall include 
sufficient descriptive material (such as type of 
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work, termini, length, estimated completion 
date, and other similar factors) to identify— 
‘‘(i) the project or project phase; and 
‘‘(ii) the effect that the project or 
project phase will have in addressing the 
performance targets described in sub-
section (d)(2). 
‘‘(C) PERFORMANCE
TARGET
ACHIEVE-
MENT.—A statewide transportation improve-
ment program shall include, to the maximum 
extent practicable, a discussion of the antici-
pated effect of the statewide transportation im-
provement program toward achieving the per-
formance targets established in the statewide 
transportation plan, linking investment prior-
ities to those performance targets. 
‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.— 
An optional illustrative list of projects may be 
prepared containing additional investment pri-
orities that— 
‘‘(i) are not included in the statewide 
transportation improvement program; but 
‘‘(ii) would be so included if resources 
in addition to the resources identified in 
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the financial plan under paragraph (3) 
were available. 
‘‘(3) FINANCIAL
PLAN.—A financial plan re-
ferred to in paragraph (2)(D)(ii) shall— 
‘‘(A) be prepared by each State to support 
the statewide transportation improvement pro-
gram; and 
‘‘(B) contain a description of each of the 
following: 
‘‘(i) Projected resource requirements 
for implementing projects, strategies, and 
services recommended in the statewide 
transportation improvement program, in-
cluding existing and projected system oper-
ating and maintenance needs, proposed en-
hancement and expansions to the system, 
projected available revenue from Federal, 
State, local, and private sources, and inno-
vative financing techniques to finance 
projects and programs. 
‘‘(ii) The projected difference between 
costs and revenues, and strategies for se-
curing additional new revenue (such as by 
capture of some of the economic value cre-
ated by any new investment). 
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‘‘(iii) Estimates of future funds, to be 
developed cooperatively by the State and 
relevant metropolitan planning organiza-
tions and public transportation agencies, 
that are reasonably expected to be avail-
able to support the investment priorities 
recommended in the statewide transpor-
tation improvement program. 
‘‘(iv) Each applicable project, only if 
full funding can reasonably be anticipated 
to be available for the project within the 
time period contemplated for completion of 
the project. 
‘‘(4) INCLUDED PROJECTS.— 
‘‘(A) PROJECTS UNDER THIS TITLE AND 
CHAPTER 53 OF TITLE 49.—A statewide trans-
portation 
improvement 
program 
developed 
under this subsection for a State shall include 
the projects within the State 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.— 
Each regionally significant project pro-
posed for funding under chapter 2 shall be 
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identified individually in the statewide 
transportation improvement program. 
‘‘(ii) 
NONREGIONALLY
SIGNIFI-
CANT.—A description of each project pro-
posed for funding under chapter 2 that is 
not determined to be regionally significant 
shall be contained in 1 line item or identi-
fied individually in the statewide transpor-
tation improvement program. 
‘‘(5) PUBLICATION.— 
‘‘(A) IN GENERAL.—A statewide transpor-
tation improvement program shall be published 
or otherwise made readily available by the State 
for public review in electronically accessible for-
mats and means, such as the Internet. 
‘‘(B) ANNUAL LIST OF PROJECTS.—An an-
nual list of projects, including investments in 
pedestrian walkways, bicycle transportation fa-
cilities, and intermodal facilities that support 
intercity transportation, for which Federal 
funds have been obligated during the preceding 
fiscal year shall be published or otherwise made 
available by the cooperative effort of the State, 
public transportation operator, and relevant 
metropolitan planning organizations in elec-
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tronically accessible formats and means, such 
as the Internet, in a manner that is consistent 
with the categories identified in the relevant 
statewide transportation improvement program. 
‘‘(6) PROJECT
SELECTION
FOR
URBANIZED 
AREAS WITH POPULATIONS OF FEWER THAN 200,000 
NOT
REPRESENTED
BY
DESIGNATED
MPOS.— 
Projects carried out in urbanized areas with popu-
lations of fewer than 200,000 individuals, as cal-
culated according to the most recent decennial cen-
sus, and that are not represented by designated met-
ropolitan planning organizations, shall be selected, 
from the approved statewide transportation improve-
ment program (including projects carried out on the 
National Highway System and other projects carried 
out under this title or under sections 5310 and 5311 
of title 49) by the State, in cooperation with the af-
fected nonmetropolitan planning organization, if any 
exists, and in consultation with the affected non-
metropolitan area local officials with responsibility 
for transportation. 
‘‘(7) APPROVAL BY SECRETARY.— 
‘‘(A) IN
GENERAL.—Not less frequently 
than once every 4 years, a statewide transpor-
tation improvement program developed under 
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this subsection shall be reviewed and approved 
by the Secretary, based on the current planning 
finding of the Secretary under subparagraph 
(B). 
‘‘(B) PLANNING FINDING.—The Secretary 
shall make a planning finding referred to in 
subparagraph (A) not less frequently than once 
every 5 years regarding whether the transpor-
tation planning process through which statewide 
transportation plans and statewide transpor-
tation improvement programs are developed is 
consistent with this section and section 134. 
‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.— 
Notwithstanding any other provision of law, ap-
proval by the Secretary shall not be required to 
carry out a project included in an approved state-
wide transportation improvement program in place 
of another project in the statewide transportation 
improvement program. 
‘‘(h) CERTIFICATION.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) ensure that the statewide transpor-
tation planning process of a State is being car-
ried out in accordance with this section and ap-
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plicable Federal law (including rules and regu-
lations); and 
‘‘(B) subject to paragraph (2), certify, not 
later than 180 days after the date of enactment 
of the MAP–21 and not less frequently than 
once every 5 years thereafter, that the require-
ments of subparagraph (A) are met with re-
spect to the statewide transportation planning 
process. 
‘‘(2) REQUIREMENTS
FOR
CERTIFICATION.— 
The Secretary may make a certification under para-
graph (1)(B) if— 
‘‘(A) the statewide transportation planning 
process complies with the requirements of this 
section and other applicable Federal law; and 
‘‘(B) a statewide transportation improve-
ment program for the State has been approved 
by the Governor of the State. 
‘‘(3) EFFECT OF FAILURE TO CERTIFY.— 
‘‘(A) 
WITHHOLDING
OF
PROJECT 
FUNDS.—If a statewide transportation planning 
process of a State is not certified under para-
graph (1), the Secretary may withhold up to 20 
percent of the funds attributable to the State 
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for projects funded under this title and chapter 
53 of title 49. 
‘‘(B) 
RESTORATION
OF
WITHHELD 
FUNDS.—Any funds withheld under subpara-
graph (A) shall be restored to the State on the 
date of certification of the statewide transpor-
tation planning process by the Secretary. 
‘‘(4) PUBLIC INVOLVEMENT.—In making a de-
termination regarding certification under this sub-
section, the Secretary shall provide for public in-
volvement appropriate to the State under review. 
‘‘(i) PERFORMANCE-BASED PLANNING PROCESSES 
EVALUATION.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish criteria to evaluate the effectiveness of the per-
formance-based planning processes of States, taking 
into consideration the following: 
‘‘(A) The extent to which the State has 
achieved, or is currently making substantial 
progress toward achieving, the performance tar-
gets described in subsection (d)(2), taking into 
account whether the State developed meaningful 
performance targets. 
‘‘(B) The extent to which the State has 
used proven best practices that help ensure 
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transportation investment that is efficient and 
cost-effective. 
‘‘(C) The extent to which the State— 
‘‘(i) has developed an investment proc-
ess that relies on public input and aware-
ness to ensure that investments are trans-
parent and accountable; and 
‘‘(ii) provides regular 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 per-
formance-based planning as a tool for 
guiding transportation investments; and 
‘‘(ii) the effectiveness of the perform-
ance-based planning process of each State. 
‘‘(B) PUBLICATION.—The report under 
subparagraph (A) shall be published or other-
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375 
wise made available in electronically accessible 
formats and means, including on the Internet. 
‘‘(j) FUNDING.—Funds apportioned under section 
104(b)(6) of this title and set aside under section 5305(g) 
of title 49 shall be available to carry out this section. 
‘‘(k) CONTINUATION OF CURRENT REVIEW PRAC-
TICE.— 
‘‘(1) IN GENERAL.—In consideration of the fac-
tors described in paragraph (2), any decision by the 
Secretary concerning a statewide transportation plan 
or statewide transportation improvement program 
shall not be considered to be a Federal action sub-
ject to review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(2) DESCRIPTION OF FACTORS.—The factors 
referred to in paragraph (1) are that— 
‘‘(A) statewide transportation plans and 
statewide transportation improvement programs 
are subject to a reasonable opportunity for pub-
lic comment; 
‘‘(B) the projects included in statewide 
transportation plans and statewide transpor-
tation improvement programs are subject to re-
view under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and 
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‘‘(C) decisions by the Secretary concerning 
statewide transportation plans and statewide 
transportation improvement programs have not 
been reviewed under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) as of January 1, 1997. 
‘‘(l) SCHEDULE FOR IMPLEMENTATION.—The Sec-
retary shall issue guidance on a schedule for implementa-
tion of the changes made by this section, taking into con-
sideration 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 im-
provement program updates not later than 2 years after 
the date of issuance of guidance by the Secretary under 
this subsection.’’. 
(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. 
(a) IN GENERAL.—Section 150 of title 23, United 
States Code, is amended to read as follows: 
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‘‘§ 150. National goals 
‘‘(a) DECLARATION OF POLICY.—Performance man-
agement 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 program, and im-
proving 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: 
‘‘(1) SAFETY.—To achieve a significant reduc-
tion in traffic fatalities and serious injuries on all 
public roads. 
‘‘(2) INFRASTRUCTURE CONDITION.—To main-
tain the highway infrastructure asset system in a 
state of good repair. 
‘‘(3) SYSTEM RELIABILITY.—To improve the ef-
ficiency of the surface transportation system. 
‘‘(4) FREIGHT MOVEMENT AND ECONOMIC VI-
TALITY.—To improve the national freight network, 
strengthen the ability of rural communities to access 
national and international trade markets, and sup-
port regional economic development. 
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‘‘(5) ENVIRONMENTAL
SUSTAINABILITY.—To 
enhance the performance of the transportation sys-
tem while protecting and enhancing the natural envi-
ronment. 
‘‘(6) REDUCED PROJECT DELIVERY DELAYS.— 
To reduce project costs, promote jobs and the econ-
omy, and expedite the movement of people and 
goods by accelerating project completion through 
eliminating delays in the project development and 
delivery process, including reducing regulatory bur-
dens and improving agencies’ work practices.’’. 
(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.’’. 
Subtitle C—Acceleration of Project 
Delivery 
SEC. 1301. PROJECT DELIVERY INITIATIVE. 
(a) DECLARATION OF POLICY.—It is the policy of the 
United States that— 
(1) it is in the national interest for the Depart-
ment, State departments of transportation, transit 
agencies, and all other recipients of Federal trans-
portation funds— 
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(A) to accelerate project delivery and re-
duce 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 pro-
tecting the environment; 
(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) ESTABLISHMENT OF INITIATIVE.— 
(1) IN GENERAL.—To advance the policy de-
scribed in subsection (a), the Secretary shall carry 
out a project delivery initiative under this section. 
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(2) PURPOSES.—The purposes of the project 
delivery initiative shall be— 
(A) to develop and advance the use of best 
practices to accelerate project delivery and re-
duce costs across all modes of transportation 
and expedite the deployment of technology and 
innovation; 
(B) to implement provisions of law de-
signed to accelerate project delivery; and 
(C) to select eligible projects for applying 
experimental features to test innovative project 
delivery techniques. 
(3) ADVANCING
THE
USE
OF
BEST
PRAC-
TICES.— 
(A) IN GENERAL.—In carrying out the ini-
tiative 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 practices, the Secretary shall— 
(i) engage interested parties, affected 
communities, resource agencies, and other 
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stakeholders to gather information regard-
ing opportunities for accelerating project 
delivery and reducing costs; 
(ii) establish a clearinghouse for the 
collection, documentation, and advance-
ment of existing and new innovative ap-
proaches and best practices; 
(iii) disseminate information through 
a variety of means to transportation stake-
holders on new innovative approaches and 
best practices; and 
(iv) provide technical assistance to as-
sist transportation 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 accel-
erate project delivery are fully implemented, includ-
ing— 
(A) expanding eligibility of early acquisi-
tion of property prior to completion of environ-
mental review under the National Environ-
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382 
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); 
(B) allowing the use of the construction 
manager or general contractor method of con-
tracting in the Federal-aid highway system; and 
(C) establishing a demonstration program 
to streamline the relocation process by permit-
ting a lump-sum payment for acquisition and 
relocation if elected by the displaced occupant. 
SEC. 1302. CLARIFIED ELIGIBILITY FOR EARLY ACQUISI-
TION ACTIVITIES PRIOR TO COMPLETION OF 
NEPA REVIEW. 
(a) IN GENERAL.—The acquisition of real property 
in anticipation of a federally assisted or approved surface 
transportation project that may use the property shall not 
be prohibited prior to the completion of reviews of the sur-
face transportation project under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the 
acquisition does not— 
(1) have an adverse environmental effect; or 
(2)(A) limit the choice of reasonable alter-
natives for the proposed project; or 
(B) prevent the lead agency from making an 
impartial decision as to whether to select an alter-
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native that is being considered during the environ-
mental review process. 
(b) EARLY ACQUISITION OF REAL PROPERTY INTER-
ESTS FOR HIGHWAYS.—Section 108 of title 23, United 
States Code, is amended— 
(1) in the section heading by inserting ‘‘inter-
ests’’ after ‘‘real property’’; 
(2) in subsection (a) by inserting ‘‘interests’’ 
after ‘‘real property’’ each place it appears; and 
(3) in subsection (c)— 
(A) in the subsection heading by striking 
‘‘RIGHTS-OF-WAY’’ and inserting ‘‘REAL PROP-
ERTY INTERESTS’’; 
(B) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A) by inserting ‘‘at any time’’ after 
‘‘may be used’’; and 
(ii) in subparagraph (A)— 
(I) by striking ‘‘rights-of-way’’ 
the first place it appears and inserting 
‘‘real property interests’’; and 
(II) by striking ‘‘, if the rights- 
of-way are subsequently incorporated 
into a project eligible for surface 
transportation program funds’’; and 
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(C) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) TERMS AND CONDITIONS.— 
‘‘(A) ACQUISITION OF REAL PROPERTY IN-
TERESTS.— 
‘‘(i) IN
GENERAL.—Subject to the 
other provisions of this section, prior to 
completion of the review process for the 
project required by the National Environ-
mental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), a public authority may carry 
out acquisition of real property interests 
that may be used for a project. 
‘‘(ii) REQUIREMENTS.—An acquisition 
under clause (i) may be authorized by 
project agreement and is eligible for Fed-
eral-aid reimbursement as a project ex-
pense if the Secretary finds that the acqui-
sition— 
‘‘(I) will not cause any significant 
adverse environmental impact; 
‘‘(II) will not limit the choice of 
reasonable alternatives for the project 
or otherwise influence the decision of 
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385 
the Secretary on any approval re-
quired for the project; 
‘‘(III) does not prevent the lead 
agency from making an impartial de-
cision as to whether to accept an al-
ternative that is being considered in 
the environmental review process; 
‘‘(IV) is consistent with the State 
transportation planning process under 
section 135; 
‘‘(V) complies with other applica-
ble Federal laws (including regula-
tions); 
‘‘(VI) will be acquired through 
negotiation, without the threat of con-
demnation; and 
‘‘(VII) will not result in a reduc-
tion or elimination of benefits or as-
sistance to a displaced person re-
quired by the Uniform Relocation As-
sistance and Real Property Acquisi-
tion 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.). 
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‘‘(B) DEVELOPMENT.—Real property in-
terests acquired under this subsection may not 
be developed in anticipation of a project until 
all required environmental reviews for the 
project have been completed. 
‘‘(C) REIMBURSEMENT.—If Federal-aid re-
imbursement is made for real property interests 
acquired early under this section and the real 
property interests are not subsequently incor-
porated into a project eligible for surface trans-
portation funds within the time allowed by sub-
section (a)(2), the Secretary shall offset the 
amount reimbursed against funds apportioned 
to the State. 
‘‘(D) OTHER CONDITIONS.—The Secretary 
may establish such other conditions or restric-
tions on acquisitions as the Secretary deter-
mines to be appropriate.’’. 
SEC. 1303. EFFICIENCIES IN CONTRACTING. 
(a) AUTHORITY.—Section 112(b) of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(4) CONSTRUCTION MANAGER; GENERAL CON-
TRACTOR.— 
‘‘(A) PROCEDURE.— 
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‘‘(i) IN
GENERAL.—A contracting 
agency may award a 2-phase contract to a 
construction manager or general contractor 
for preconstruction and construction serv-
ices. 
‘‘(ii) PRECONSTRUCTION
PHASE.—In 
the preconstruction phase of a contract 
under this subparagraph, the construction 
manager shall provide the contracting 
agency with advice relating to scheduling, 
work 
sequencing, 
cost 
engineering, 
constructability, cost estimating, and risk 
identification. 
‘‘(iii) AGREEMENT TO PRICE.— 
‘‘(I) IN GENERAL.—Prior to the 
start of the second phase of a contract 
under this subparagraph, the owner 
and the construction manager may 
agree to a price for the construction 
of the project or a portion of the 
project. 
‘‘(II) RESULT.—If an agreement 
is reached, the construction manager 
shall become the general contractor 
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for the construction of the project at 
the negotiated schedule and price. 
‘‘(B) SELECTION.—A contract shall be 
awarded to a construction manager or general 
contractor under this paragraph using a com-
petitive selection process under which the con-
tract is awarded on the basis of— 
‘‘(i) qualifications; 
‘‘(ii) experience; 
‘‘(iii) best value; or 
‘‘(iv) any other combination of factors 
considered appropriate by the contracting 
agency. 
‘‘(C) TIMING.— 
‘‘(i) IN GENERAL.—Prior to the com-
pletion of the environmental review process 
required under section 102 of the National 
Environmental Policy Act of 1969 (42 
U.S.C. 4332), a contracting agency may 
issue requests for proposals, proceed with 
the award of the first phase of construc-
tion manager or general contractor con-
tract, and issue notices to proceed with 
preliminary design, to the extent that those 
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actions do not limit any reasonable range 
of alternatives. 
‘‘(ii) NEPA PROCESS.— 
‘‘(I) 
IN
GENERAL.—A 
con-
tracting agency shall not proceed with 
the award of the second phase, and 
shall not proceed, or permit any con-
sultant or contractor to proceed, with 
final design or construction until com-
pletion of the environmental review 
process required under section 102 of 
the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332). 
‘‘(II) REQUIREMENT.—The Sec-
retary shall require that a contract in-
clude appropriate provisions to ensure 
achievement of the objectives of sec-
tion 102 of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 
4332) and compliance with other ap-
plicable Federal laws and regulations 
occurs. 
‘‘(iii) 
SECRETARIAL
APPROVAL.— 
Prior to authorizing construction activities, 
the Secretary shall approve— 
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‘‘(I) the estimate of the con-
tracting agency for the entire project; 
and 
‘‘(II) any price agreement with 
the general contractor for the project 
or a portion of the project. 
‘‘(iv) TERMINATION PROVISION.—The 
Secretary shall require a contract to in-
clude an appropriate termination provision 
in the event that a no-build alternative is 
selected.’’. 
(b) REGULATIONS.—The Secretary shall promulgate 
such regulations as are necessary to carry out the amend-
ment made by subsection (a). 
(c) EFFECT ON EXPERIMENTAL PROGRAM.—Nothing 
in this section or the amendment made by this section af-
fects 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 inno-
vative technologies and practices that increase the 
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391 
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 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 deliv-
ery methods that improve work zone safety 
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392 
for motorists or workers and the quality of 
the facility; 
‘‘(ii) contains innovative technologies, 
manufacturing processes, financing, or 
contracting methods that improve the qual-
ity, extend the service life, or decrease the 
long-term costs of maintaining highways 
and bridges; 
‘‘(iii) accelerates project delivery while 
complying with other applicable Federal 
laws (including regulations) and not caus-
ing any significant adverse environmental 
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 equip-
ment, materials, or techniques, including 
the use of in-place recycling technology 
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and digital 3-dimensional modeling tech-
nologies; 
‘‘(iii) innovative contracting methods, 
including the design-build and the con-
struction manager-general contractor con-
tracting methods; 
‘‘(iv) intelligent compaction equip-
ment; or 
‘‘(v) contractual provisions that offer 
a contractor an incentive payment for early 
completion of the project, program, or ac-
tivity, subject to the condition that the in-
centives 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 sec-
tion 104(b). 
‘‘(ii) FEDERAL
SHARE
INCREASE.— 
The Federal share payable on account of a 
project or activity described in subpara-
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394 
graph (A) may be increased by up to 5 
percent of the total project cost.’’. 
SEC. 1305. ASSISTANCE TO AFFECTED STATE AND FEDERAL 
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. 1306. 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: 
‘‘(1) COOPERATING AUTHORITY.—The term ‘co-
operating authority’ means a Department of Trans-
portation operating authority that is not the lead au-
thority. 
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‘‘(2) LEAD
AUTHORITY.—The term ‘lead au-
thority’ means a Department of Transportation op-
erating 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 exper-
tise of the lead authority— 
‘‘(i) satisfy the conditions for a cat-
egorical exclusion under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) implementing regulations or 
procedures of the lead authority; and 
‘‘(ii) do not require the preparation of 
an environmental assessment or an envi-
ronmental 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. 
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‘‘(c) APPLICATION
OF CATEGORICAL EXCLUSIONS 
FOR MULTIMODAL PROJECTS.—When considering the en-
vironmental impacts of a proposed multimodal project, a 
lead authority may apply a categorical exclusion des-
ignated under the implementing regulations or procedures 
of a cooperating authority for other components of the 
project, on the conditions that— 
‘‘(1) the multimodal project is funded under 1 
grant agreement administered by the lead authority; 
‘‘(2) the multimodal project has components 
that require the expertise of a cooperating authority 
to assess the environmental impacts of the compo-
nents; 
‘‘(3) the component of the project to be covered 
by the categorical exclusion of the cooperating au-
thority has independent utility; 
‘‘(4) the cooperating authority, in consultation 
with the lead authority, follows National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
implementing regulations or procedures and deter-
mines 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 ex-
clusions of the lead and cooperating authorities, 
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397 
does not individually or cumulatively have a sig-
nificant impact on the environment; and 
‘‘(B) extraordinary circumstances do not 
exist that merit further analysis and docu-
mentation in an environmental impact state-
ment 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 a lead authority 
with administrative authority over a multimodal 
project on such aspects of the project in which the 
cooperating authority has expertise. 
‘‘(2) USE OF CATEGORICAL EXCLUSION.—In a 
case described in paragraph (1), the 1 or more cat-
egorical 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 Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) implementing regulations or proce-
dures of the cooperating authority and this sec-
tion.’’. 
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398 
(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. 1307. STATE ASSUMPTION OF RESPONSIBILITIES FOR 
CATEGORICAL EXCLUSIONS. 
Section 326 of title 23, United States Code, is 
amended— 
(1) by striking subsection (d) and inserting the 
following: 
‘‘(d) TERMINATION.— 
‘‘(1) TERMINATION BY THE SECRETARY.—The 
Secretary may terminate any assumption of respon-
sibility under a memorandum of understanding on a 
determination that the State is not adequately car-
rying 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 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 pro-
vide.’’; and 
(2) by adding at the end the following: 
‘‘(f) LEGAL FEES.—A State assuming the respon-
sibilities of the Secretary under this section for a specific 
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399 
project may use funds apportioned to the State under sec-
tion 104(b)(2) for attorneys fees directly attributable to 
eligible activities associated with the project.’’. 
SEC. 1308. SURFACE TRANSPORTATION PROJECT DELIV-
ERY PROGRAM. 
(a) IN GENERAL.—Section 327 of title 23, United 
States Code, is amended— 
(1) in the section heading by striking ‘‘PILOT’’; 
(2) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘pilot’’; 
and 
(B) in paragraph (2)— 
‘‘(i) in subparagraph (B)— 
‘‘(I) in clause (i), by striking 
‘but’; and 
‘‘(II) 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 responsibil-
ities 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.); 
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400 
‘‘(iii) in a State that has assumed the 
responsibilities 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 transportation 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 Secretary by section 134 or 
135; or 
‘‘(II) responsibility for any con-
formity determination required under 
section 176 of the Clean Air Act (42 
U.S.C. 7506).’’; and 
(i) by adding at the end the following: 
‘‘(F) LEGAL FEES.—A State assuming the 
responsibilities of the Secretary under this sec-
tion for a specific project may use funds appor-
tioned to the State under section 104(b)(2) for 
attorneys fees directly attributable to eligible 
activities associated with the project.’’; 
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401 
(3) in subsection (b)— 
(A) by striking paragraph (1); 
(B) 
by 
redesignating 
paragraphs 
(2) 
through (5) as paragraphs (1) through (4), re-
spectively; and 
(C) in subparagraph (A) of paragraph (3) 
(as so redesignated) by striking ‘‘(2)’’ and in-
serting ‘‘(1)’’; 
(4) in subsection (c)— 
(A) in paragraph (3)(D) by striking the 
period at the end and inserting a semicolon; 
and 
(B) by adding at the end the following: 
‘‘(4) require the State to provide to the Sec-
retary any information the Secretary considers nec-
essary to ensure that the State is adequately car-
rying out the responsibilities assigned to the State; 
‘‘(5) require the Secretary— 
‘‘(A) after a period of 5 years, to evaluate 
the ability of the State to carry out the respon-
sibility assumed under this section; 
‘‘(B) if the Secretary determines that the 
State is not ready to effectively carry out the 
responsibilities the State has assumed, to re-
evaluate the readiness of the State every 3 
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402 
years, or at such other frequency as the Sec-
retary considers appropriate, after the initial 5- 
year evaluation, until the State is ready to as-
sume the responsibilities on a permanent basis; 
and 
‘‘(C) once the Secretary determines that 
the State is ready to permanently assume the 
responsibilities of the Secretary, not to require 
any further evaluations; and 
‘‘(6) require the State to provide the Secretary 
with any information, including regular written re-
ports, as the Secretary may require in conducting 
evaluations under paragraph (5).’’; 
(5) by striking subsection (g); 
(6) by redesignating subsections (h) and (i) as 
subsections (g) and (h), respectively; and 
(7) in subsection (h) (as so redesignated)— 
(A) by striking paragraph (1); 
(B) by redesignating paragraph (2) as 
paragraph (1); and 
(C) by inserting after paragraph (1) (as so 
redesignated) the following: 
‘‘(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 
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403 
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 pro-
vide.’’. 
(b) CONFORMING 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. 1309. CATEGORICAL EXCLUSION FOR PROJECTS WITH-
IN THE RIGHT-OF-WAY. 
(a) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, the Secretary shall publish 
a notice of proposed rulemaking for a categorical exclusion 
that meets the definitions (as in effect on that date) of 
section 1508.4 of title 40, Code of Federal Regulations, 
and section 771.117 of title 23, Code of Federal Regula-
tions, for a project (as defined in section 101(a) of title 
23, United States Code)— 
(1) that is located solely within the right-of-way 
of an existing highway, such as new turn lanes and 
bus pull-offs; 
(2) that does not include the addition of a 
through lane or new interchange; and 
(3) for which the project sponsor demonstrates 
that the project— 
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404 
(A) is intended to improve safety, alleviate 
congestion, or improve air quality; or 
(B) would improve or maintain pavement 
or structural conditions or achieve a state of 
good repair. 
(b) NOTICE.—Not later than 60 days after the date 
of enactment of this Act, the Secretary shall publish a no-
tice of proposed rulemaking to further define and imple-
ment subsection (a) within subsection (c) or (d) of section 
771.117 of title 23, Code of Federal Regulations (as in 
effect on the date of enactment of the MAP–21). 
SEC. 
1310. 
PROGRAMMATIC 
AGREEMENTS 
AND 
ADDI-
TIONAL CATEGORICAL EXCLUSIONS. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Secretary shall— 
(1) survey the use by the Department of Trans-
portation of categorical exclusions in transportation 
projects since 2005; 
(2) publish a review of the survey that includes 
a description of— 
(A) the types of actions categorically ex-
cluded; and 
(B) any requests previously received by the 
Secretary for new categorical exclusions; and 
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405 
(3) solicit requests from State departments of 
transportation, 
transit 
authorities, 
metropolitan 
planning organizations, or other government agen-
cies for new categorical exclusions. 
(b) NEW CATEGORICAL EXCLUSIONS.—Not later 
than 120 days after the date of enactment of this Act, 
the Secretary shall publish a notice of proposed rule-
making to propose new categorical exclusions received by 
the Secretary under subsection (a), to the extent that the 
categorical exclusions meet the criteria for a categorical 
exclusion under section 1508.4 of title 40, Code of Federal 
Regulations and section 771.117(a) of title 23, Code of 
Federal Regulations (as those regulations are in effect on 
the date of the notice). 
(c) ADDITIONAL ACTIONS.—The Secretary shall issue 
a proposed rulemaking to move the following types of ac-
tions from subsection (d) of section 771.117 of title 23, 
Code of Federal Regulations (as in effect on the date of 
enactment of this Act), to subsection (c) of that section, 
to the extent that such movement complies with the cri-
teria for a categorical exclusion under section 1508.4 of 
title 40, Code of Federal Regulations (as in effect on the 
date of enactment of this Act): 
(1) Modernization of a highway by resurfacing, 
restoration, rehabilitation, reconstruction, adding 
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406 
shoulders, or adding auxiliary lanes (including park-
ing, weaving, turning, and climbing). 
(2) Highway safety or traffic operations im-
provement projects, including the installation of 
ramp metering control devices and lighting. 
(3) Bridge rehabilitation, reconstruction, or re-
placement or the construction of grade separation to 
replace existing at-grade railroad crossings. 
(d) PROGRAMMATIC AGREEMENTS.— 
(1) IN GENERAL.—The Secretary shall seek op-
portunities to enter into programmatic agreements 
with the States that establish efficient administra-
tive procedures for carrying out environmental and 
other required project reviews. 
(2) INCLUSIONS.—Programmatic agreements 
authorized under paragraph (1) may include agree-
ments that allow a State to determine on behalf of 
the Federal Highway Administration whether a 
project is categorically excluded from the prepara-
tion of an environmental assessment or environ-
mental impact statement under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
(3) 
DETERMINATIONS.—An 
agreement 
de-
scribed in paragraph (2) may include determinations 
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407 
by the Secretary of the types of projects categori-
cally excluded (consistent with section 1508.4 of title 
40, Code of Federal Regulations) in the State in ad-
dition to the types listed in subsections (c) and (d) 
of section 771.117 of title 23, Code of Federal Reg-
ulations (as in effect on the date of enactment of 
this Act). 
SEC. 1311. ACCELERATED DECISIONMAKING IN ENVIRON-
MENTAL REVIEWS. 
(a) IN GENERAL.—When preparing a final environ-
mental impact statement under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if 
the lead agency makes changes in response to comments 
that are minor and are confined to factual corrections or 
explanations of why the comments do not warrant further 
agency response, the lead agency may write on errata 
sheets attached to the statement instead of rewriting the 
draft statement, on the condition that the errata sheets— 
(1) cite the sources, authorities, or reasons that 
support the position of the agency; and 
(2) if appropriate, indicate the circumstances 
that would trigger agency reappraisal or further re-
sponse. 
(b) INCORPORATION.—To the maximum extent prac-
ticable, the lead agency shall expeditiously develop a single 
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408 
document that consists of a final environmental impact 
statement and a record of decision unless— 
(1) the final environmental impact statement 
makes substantial changes to the proposed action 
that are relevant to environmental or safety con-
cerns; or 
(2) there are significant new circumstances or 
information relevant to environmental concerns and 
that bear on the proposed action or the impacts of 
the proposed action. 
SEC. 1312. MEMORANDA OF AGENCY AGREEMENTS FOR 
EARLY COORDINATION. 
(a) IN GENERAL.—It is the sense of Congress that— 
(1) the Secretary and other Federal agencies 
with relevant jurisdiction in the environmental re-
view process should cooperate with each other and 
other agencies on environmental review and project 
delivery activities at the earliest practicable time to 
avoid delays and duplication of effort later in the 
process, head off potential conflicts, and ensure that 
planning and project development decisions reflect 
environmental values; and 
(2) such cooperation should include the develop-
ment of policies and the designation of staff that ad-
vise planning agencies or project sponsors of studies 
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or other information foreseeably required for later 
Federal action and early consultation with appro-
priate State and local agencies and Indian tribes. 
(b) TECHNICAL ASSISTANCE.—If requested at any 
time by a State or local planning agency, the Secretary 
and other Federal agencies with relevant jurisdiction in 
the environmental review process, shall, to the extent prac-
ticable and appropriate, as determined by the agencies, 
provide technical assistance to the State or local planning 
agency on accomplishing the early coordination activities 
described in subsection (d). 
(c) MEMORANDUM OF AGENCY AGREEMENT.—If re-
quested at any time by a State or local planning agency, 
the lead agency, in consultation with other Federal agen-
cies with relevant jurisdiction in the environmental review 
process, may establish memoranda of agreement with the 
project sponsor, State, and local governments and other 
appropriate entities to accomplish the early coordination 
activities described in subsection (d). 
(d) EARLY COORDINATION ACTIVITIES.—Early co-
ordination activities shall include, to the maximum extent 
practicable, the following: 
(1) Technical assistance on identifying potential 
impacts and mitigation issues in an integrated fash-
ion. 
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(2) The potential appropriateness of using plan-
ning products and decisions in later environmental 
reviews. 
(3) The identification and elimination from de-
tailed study in the environmental review process of 
the issues that are not significant or that have been 
covered by prior environmental reviews. 
(4) The identification of other environmental 
review and consultation requirements so that the 
lead and cooperating agencies may prepare, as ap-
propriate, other required analyses and studies con-
currently with planning activities. 
(5) The identification by agencies with jurisdic-
tion over any permits related to the project of any 
and all relevant information that will reasonably be 
required for the project. 
(6) The reduction of duplication between re-
quirements under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) and State and 
local planning and environmental review require-
ments, unless the agencies are specifically barred 
from doing so by applicable law. 
(7) Timelines for the completion of agency ac-
tions during the planning and environmental review 
processes. 
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(8) Other appropriate factors. 
SEC. 1313. ACCELERATED DECISIONMAKING. 
Section 139(h) of title 23, United States Code, is 
amended by striking paragraph (4) and inserting the fol-
lowing: 
‘‘(4) INTERIM DECISION ON ACHIEVING ACCEL-
ERATED DECISIONMAKING.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after the close of the public comment pe-
riod on a draft environmental impact statement, 
the Secretary may convene a meeting with the 
project sponsor, lead agency, resource agencies, 
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 subparagraph (A) shall be those estab-
lished under subsection (g), or any other dead-
lines established by the lead agency, in con-
sultation with the project sponsor and other rel-
evant agencies. 
‘‘(C) FAILURE
TO
ASSURE.—If the rel-
evant agencies cannot provide reasonable assur-
ances that the deadlines described in subpara-
graph (B) will be met, the Secretary may ini-
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tiate 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 MEET-
ING.— 
‘‘(i) IN GENERAL.—A Federal agency 
of jurisdiction, project sponsor, or the Gov-
ernor of a State in which a project is lo-
cated may request an issue resolution 
meeting to be conducted by the lead agen-
cy. 
‘‘(ii) ACTION BY LEAD AGENCY.—The 
lead agency shall convene an issue resolu-
tion meeting under clause (i) with the rel-
evant 
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 envi-
ronmental review process; or 
‘‘(II) result in denial of any ap-
provals required for the project under 
applicable laws. 
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‘‘(iii) DATE.—A meeting requested 
under this subparagraph shall be held by 
not later than 21 days after the date of re-
ceipt 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 subpara-
graph, the lead agency shall notify all rel-
evant participating agencies of the request, 
including the issue to be resolved, and the 
date for the meeting. 
‘‘(v) DISPUTES.—If a relevant partici-
pating agency with jurisdiction over an ap-
proval required for a project under applica-
ble law determines that the relevant infor-
mation 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
AGEN-
CY.—A lead agency may convene an issue 
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resolution meeting under this subsection at 
any time without the request of the Fed-
eral agency of jurisdiction, project sponsor, 
or the Governor of a State. 
‘‘(B) ELEVATION
OF
ISSUE
RESOLU-
TION.— 
‘‘(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 Secretary shall no-
tify the lead agency, the heads of the rel-
evant 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 ENVI-
RONMENTAL QUALITY.— 
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415 
‘‘(I) IN GENERAL.—If resolution 
is not achieved by not later than 30 
days after the date of an issue resolu-
tion meeting under subparagraph (B), 
the Secretary shall refer the matter to 
the Council on Environmental Qual-
ity. 
‘‘(II) MEETING.—Not later than 
30 days after the date of receipt of a 
referral from the Secretary under sub-
clause (I), the Council on Environ-
mental Quality shall hold an issue res-
olution meeting with the lead agency, 
the heads of relevant participating 
agencies, and the project sponsor (in-
cluding the Governor only if an initial 
request for an issue resolution meet-
ing came from the Governor). 
‘‘(ii) REFERRAL
TO
THE
PRESI-
DENT.—If a resolution is not achieved by 
not later than 30 days after the date of the 
meeting convened by the Council on Envi-
ronmental Quality under clause (i)(II), the 
Secretary shall refer the matter directly to 
the President. 
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416 
‘‘(6) FINANCIAL TRANSFER 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 de-
scribed 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), the agency shall transfer 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, to the agency or di-
vision charged with rendering a decision 
regarding the application, by not later than 
1 day after the applicable date under 
clause (ii), and once each week thereafter 
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until a final decision is rendered, subject to 
subparagraph (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 environ-
mental impact statement. 
‘‘(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 Environ-
mental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
‘‘(C) LIMITATIONS.— 
‘‘(i) IN
GENERAL.—No transfer of 
funds under subparagraph (B) relating to 
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an individual project shall exceed, in any 
fiscal year, an amount equal to 1 percent 
of the funds made available for the appli-
cable agency office. 
‘‘(ii) FAILURE TO DECIDE.—The total 
amount transferred in a fiscal year as a re-
sult of a failure by an agency to make a 
decision by an applicable deadline shall not 
exceed an amount equal to 5 percent of the 
funds made available for the applicable 
agency office for that fiscal year. 
‘‘(D) TREATMENT.—The transferred funds 
shall only be available to the agency or division 
charged with rendering the decision as addi-
tional resources, pursuant to subparagraph (F). 
‘‘(E) NO FAULT OF AGENCY.—A transfer 
of funds under this paragraph shall not be 
made if the agency responsible for rendering 
the decision certifies that— 
‘‘(i) the agency has not received nec-
essary information or approvals from an-
other 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 
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419 
‘‘(ii) significant new information or 
circumstances, including a major modifica-
tion to an aspect of the project, requires 
additional analysis for the agency to make 
a decision on the project application. 
‘‘(F) TREATMENT OF FUNDS.— 
‘‘(i) IN GENERAL.—Funds transferred 
under this paragraph shall supplement re-
sources available to the agency or division 
charged with making a decision for the 
purpose of expediting permit reviews. 
‘‘(ii) AVAILABILITY.—Funds trans-
ferred under this paragraph shall be avail-
able for use or obligation for the same pe-
riod that the funds were originally author-
ized or appropriated, plus 1 additional fis-
cal year. 
‘‘(iii) 
LIMITATION.—The 
Federal 
agency with jurisdiction for the decision 
that has transferred the funds 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. 
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420 
‘‘(G) AUDITS.—In any fiscal year in which 
any Federal agency transfers funds pursuant to 
this paragraph, the Inspector General of that 
agency shall— 
‘‘(i) conduct an audit to assess com-
pliance with the requirements of this para-
graph; and 
‘‘(ii) not later than 120 days after the 
end of the fiscal year during which the 
transfer occurred, submit to the Committee 
on Environment and Public Works of the 
Senate and any other appropriate congres-
sional committees a report describing the 
reasons why the transfers were levied, in-
cluding allocations of resources. 
‘‘(H) EFFECT
OF
PARAGRAPH.—Nothing 
in this paragraph affects or limits the applica-
tion of, or obligation to comply with, any Fed-
eral, State, local, or tribal law. 
‘‘(I) 
AUTHORITY
FOR
INTRA-AGENCY 
TRANSFER OF FUNDS.—The requirement pro-
vided under this paragraph for a Federal agen-
cy to transfer or reallocate funds of the Federal 
agency 
in 
accordance 
with 
subparagraph 
(B)(i)— 
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‘‘(i) shall be treated by the Federal 
agency as a requirement and authority 
consistent with any applicable original law 
establishing and authorizing the agency; 
but 
‘‘(ii) does not provide to the Federal 
agency the authority to require or deter-
mine the intra-agency transfer or realloca-
tion of funds that are provided to or are 
within any other Federal agency. 
‘‘(7) EXPEDIENT DECISIONS AND REVIEWS.— 
To ensure that Federal environmental decisions and 
reviews are expeditiously made— 
‘‘(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 expe-
ditious basis and that the shortest existing ap-
plicable process under that Act is implemented; 
and 
‘‘(B) the President shall submit to the 
Committee on Transportation and Infrastruc-
ture of the House of Representatives and the 
Committee on Environment and Public Works 
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422 
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 compli-
ance 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 per-
cent of the projects requiring preparation 
of an environmental impact statement or 
environmental assessment in each State.’’. 
SEC. 1314. ENVIRONMENTAL PROCEDURES INITIATIVE. 
(a) ESTABLISHMENT.—For grant programs under 
which funds are distributed by formula by the Department 
of Transportation, the Secretary shall establish an initia-
tive to review and develop consistent procedures for envi-
ronmental permitting and procurement requirements. 
(b) REPORT.—The Secretary shall publish the results 
of the initiative described in subsection (a) in an electroni-
cally accessible format. 
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423 
SEC. 1315. ALTERNATIVE RELOCATION PAYMENT DEM-
ONSTRATION PROGRAM. 
(a) PAYMENT DEMONSTRATION PROGRAM.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, for the purpose of identifying 
improvements in the timeliness of providing reloca-
tion assistance to persons displaced by Federal or 
federally assisted programs and projects, the Sec-
retary may allow not more than 5 States to partici-
pate in an alternative relocation payment demonstra-
tion program under which payments to displaced 
persons eligible for relocation assistance pursuant to 
the Uniform Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970 (42 U.S.C. 
4601 et seq.) (including implementing regulations), 
are calculated based on reasonable estimates and 
paid in advance of the physical displacement of the 
displaced person. 
(2) TIMING OF PAYMENTS.—Relocation assist-
ance payments for projects carried out under an ap-
proved State demonstration program may be pro-
vided to the displaced person at the same time as 
payments of just compensation for real property ac-
quired for the program or project of the State. 
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(3) COMBINING OF PAYMENTS.—Payments for 
relocation and just compensation may be combined 
into a single unallocated amount. 
(b) CRITERIA.— 
(1) IN GENERAL.—After public notice and an 
opportunity to comment, the Secretary shall adopt 
criteria for carrying out the alternative relocation 
payment demonstration program. 
(2) CONDITIONS.— 
(A) IN
GENERAL.—Conditions for State 
participation in the demonstration program 
shall include the conditions described in sub-
paragraphs (B) through (E). 
(B) MEMORANDUM
OF
AGREEMENT.—A 
State wishing to participate in the demonstra-
tion program shall be required to enter into a 
memorandum of agreement with the Secretary 
that includes provisions relating to— 
(i) the selection of projects or pro-
grams within the State to which the alter-
native relocation payment process will be 
applied; 
(ii) program and project-level moni-
toring; 
(iii) performance measurement; 
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(iv) reporting; and 
(v) the circumstances under which the 
Secretary may terminate the demonstra-
tion program of the State before the end of 
the program term. 
(C) TERM
OF
DEMONSTRATION
PRO-
GRAM.—Except as provided in subparagraph 
(B)(v), the demonstration program of the State 
may continue for up to 3 years after the date 
on which the Secretary executes the memo-
randum of agreement. 
(D) DISPLACED PERSONS.— 
(i) IN GENERAL.—Displaced persons 
affected by a project included in the dem-
onstration program of the State shall be 
informed in writing in a format that is 
clear and easily understandable that the 
relocation payments that the displaced per-
sons receive under the demonstration pro-
gram may be higher or lower than the 
amount that the displaced persons would 
receive under the standard relocation as-
sistance process. 
(ii) 
ALTERNATIVE
PROCESS.—Dis-
placed persons shall be informed— 
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(I) of the right of the displaced 
persons not to participate in the dem-
onstration program; and 
(II) that the alternative reloca-
tion payment process can be used only 
if the displaced person agrees in writ-
ing. 
(iii) 
ASSISTANCE.—The 
displacing 
agency shall provide any displaced person 
who elects not to participate in the dem-
onstration program with relocation assist-
ance in accordance with the Uniform Relo-
cation Assistance and Real Property Ac-
quisition Policies Act of 1970 (42 U.S.C. 
4601 et seq.) (including implementing reg-
ulations). 
(E) OTHER DISPLACEMENTS.— 
(i) IN
GENERAL.—If other Federal 
agencies plan displacements in or adjacent 
to a demonstration program project area 
within the same time period as the project 
acquisition and relocation actions of the 
demonstration 
program, 
the 
Secretary 
shall adopt measures to protect against in-
consistent treatment of displaced persons. 
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(ii) INCLUSION.—Measures described 
in clause (i) may include a determination 
that the demonstration program authority 
may not be used on a particular project. 
(c) REPORT.— 
(1) IN GENERAL.—The Secretary shall submit 
to Congress— 
(A) at least every 18 months after the date 
of enactment of this Act, a report on the 
progress and results of the demonstration pro-
gram; and 
(B) not later than 1 year after all State 
demonstration programs have ended, a final re-
port. 
(2) REQUIREMENTS.—The final report shall in-
clude an evaluation by the Secretary of the merits 
of the alternative relocation payment demonstration 
program, including the effects of the demonstration 
program on— 
(A) displaced persons and the protections 
afforded to displaced persons by the Uniform 
Relocation Assistance and Real Property Acqui-
sition Policies Act of 1970 (42 U.S.C. 4601 et 
seq.); 
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428 
(B) the efficiency of the delivery of Fed-
eral-aid highway projects and overall effects on 
the Federal-aid highway program; and 
(C) the achievement of the purposes of the 
Uniform Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970 (42 
U.S.C. 4601 et seq.). 
(d) LIMITATION.—The authority of this section may 
be used only on projects funded under title 23, United 
States Code, in cases in which the funds are administered 
by the Federal Highway Administration. 
(e) AUTHORITY.—The authority of the Secretary to 
approve an alternate relocation payment demonstration 
program for a State terminates on the date that is 3 years 
after the date of enactment of this Act 
SEC. 1316. REVIEW OF FEDERAL PROJECT AND PROGRAM 
DELIVERY. 
(a) COMPLETION TIME ASSESSMENTS
AND RE-
PORTS.— 
(1) IN GENERAL.—For projects funded under 
title 23, United States Code, the Secretary shall 
compare— 
(A)(i) the completion times of categorical 
exclusions, environmental assessments, and en-
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vironmental impact statements initiated after 
calendar year 2005; to 
(ii) the completion times of categorical ex-
clusions, environmental assessments, and envi-
ronmental impact statements initiated during a 
period prior to calendar year 2005; and 
(B)(i) the completion times of categorical 
exclusions, environmental assessments, and en-
vironmental impact statements initiated during 
the period beginning on January 1, 2005, and 
ending on the date of enactment of this Act; to 
(ii) the completion times of categorical ex-
clusions, environmental assessments, and envi-
ronmental impact statements initiated after the 
date of enactment of this Act. 
(2) REPORT.—The Secretary shall submit to 
the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee 
on Environment and Public Works of the Senate a 
report— 
(A) not later than 1 year after the date of 
enactment of this Act that— 
(i) describes the results of the review 
conducted under paragraph (1)(A); and 
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(ii) identifies any change in the timing 
for completions, including the reasons for 
any such change and the reasons for 
delays in excess of 5 years; and 
(B) not later than 5 years after the date 
of enactment of this Act that— 
(i) describes the results of the review 
conducted under paragraph (1)(B); and 
(ii) identifies any change in the timing 
for completions, including the reasons for 
any such change and the reasons for 
delays in excess of 5 years. 
(b) ADDITIONAL REPORT.—Not later than 2 years 
after the date of enactment of this Act, the Secretary shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate 
a report on the types and justification for the additional 
categorical exclusions granted under the authority pro-
vided under sections 1309 and 1310. 
(c) GAO REPORT.—The Comptroller General of the 
United States shall— 
(1) assess the reforms carried out under sec-
tions 1301 through 1315 (including the amendments 
made by those sections); and 
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(2) not later than 5 years after the date of en-
actment of this Act, submit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment 
and Public Works of the Senate a report that de-
scribes the results of the assessment. 
(d) INSPECTOR GENERAL REPORT.—The Inspector 
General of the Department of Transportation shall— 
(1) assess the reforms carried out under sec-
tions 1301 through 1315 (including the amendments 
made by those sections); and 
(2) submit to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Environment and Public 
Works of the Senate— 
(A) not later than 2 years after the date 
of enactment of this Act, an initial report of the 
findings of the Inspector General; and 
(B) not later than 4 years after the date 
of enactment of this Act, a final report of the 
findings. 
Subtitle D—Highway Safety 
SEC. 1401. JASON’S LAW. 
(a) IN GENERAL.—It is the sense of Congress that 
it is a national priority to address projects under this sec-
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tion for the shortage of long-term parking for commercial 
motor vehicles on the National Highway System to im-
prove the safety of motorized and nonmotorized users and 
for commercial motor vehicle operators. 
(b) ELIGIBLE PROJECTS.—Eligible projects under 
this section are those that— 
(1) serve the National Highway System; and 
(2) may include the following: 
(A) Constructing safety rest areas (as de-
fined in section 120(c) of title 23, United 
States Code) that include parking for commer-
cial motor vehicles. 
(B) Constructing commercial motor vehicle 
parking facilities adjacent to commercial truck 
stops and travel plazas. 
(C) Opening existing facilities to commer-
cial motor vehicle parking, including inspection 
and weigh stations and park-and-ride facilities. 
(D) Promoting the availability of publicly 
or privately provided commercial motor vehicle 
parking on the National Highway System using 
intelligent transportation systems and other 
means. 
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(E) Constructing turnouts along the Na-
tional Highway System for commercial motor 
vehicles. 
(F) Making capital improvements to public 
commercial motor vehicle parking facilities cur-
rently closed on a seasonal basis to allow the fa-
cilities to remain open year-round. 
(G) Improving the geometric design of 
interchanges on the National Highway System 
to improve access to commercial motor vehicle 
parking facilities. 
(c) SURVEY AND COMPARATIVE ASSESSMENT.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with relevant State motor carrier safety per-
sonnel, shall conduct a survey regarding the avail-
ability of parking facilities within each State— 
(A) to evaluate the capability of the State 
to provide adequate parking and rest facilities 
for motor carriers engaged in interstate motor 
carrier service; 
(B) to assess the volume of motor carrier 
traffic through the State; and 
(C) to develop a system of metrics to 
measure the adequacy of parking facilities in 
the State. 
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(2) RESULTS.—The results of the survey under 
paragraph (1) shall be made available to the public 
on the website of the Department of Transportation. 
(3) PERIODIC UPDATES.—The Secretary shall 
periodically update the survey under this subsection. 
(d) TREATMENT
OF PROJECTS.—Notwithstanding 
any other provision of law, projects funded through the 
authority provided under this section shall be treated as 
projects on a Federal-aid highway under chapter 1 of title 
23, United States Code. 
SEC. 1402. OPEN CONTAINER REQUIREMENTS. 
Section 154(c) of title 23, United States Code, is 
amended— 
(1) by striking paragraph (2) and inserting the 
following: 
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 
‘‘(A) RESERVATION OF FUNDS.—On Octo-
ber 1, 2011, and each October 1 thereafter, if 
a State has not enacted or is not enforcing an 
open container law described in subsection (b), 
the Secretary shall reserve an amount equal to 
2.5 percent of the funds to be apportioned to 
the State on that date under each of para-
graphs (1) and (2) of section 104(b) until the 
State certifies to the Secretary the means by 
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which the State will use those reserved funds in 
accordance with subparagraphs (A) and (B) of 
paragraph (1) and paragraph (3). 
‘‘(B) TRANSFER OF FUNDS.—As soon as 
practicable after the date of receipt of a certifi-
cation from a State under subparagraph (A), 
the Secretary shall— 
‘‘(i) transfer the reserved funds identi-
fied by the State for use as described in 
subparagraphs (A) and (B) of paragraph 
(1) to the apportionment of the State 
under section 402; and 
‘‘(ii) release the reserved funds identi-
fied by the State as described in paragraph 
(3).’’; 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT 
PROGRAM.— 
‘‘(A) IN GENERAL.—A State may elect to 
use all or a portion of the funds transferred 
under paragraph (2) for activities eligible under 
section 148. 
‘‘(B) STATE DEPARTMENTS OF TRANSPOR-
TATION.—If the State makes an election under 
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subparagraph (A), the funds shall be trans-
ferred to the department of transportation of 
the State, which shall be responsible for the ad-
ministration of the funds.’’; and 
(3) by striking paragraph (5) and inserting the 
following: 
‘‘(5) DERIVATION OF AMOUNT TO BE TRANS-
FERRED.—The amount to be transferred under 
paragraph (2) may be derived from the following: 
‘‘(A) The apportionment of the State 
under section 104(b)(l). 
‘‘(B) The apportionment of the State 
under section 104(b)(2).’’. 
SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS 
FOR DRIVING WHILE INTOXICATED OR DRIV-
ING UNDER THE INFLUENCE. 
(a) DEFINITIONS.—Section 164(a) of title 23, United 
States Code, is amended— 
(1) by striking paragraph (3); 
(2) by redesignating paragraphs (4) and (5) as 
paragraphs (3) and (4), respectively; and 
(3) in paragraph (4) (as so redesignated) by 
striking subparagraph (A) and inserting the fol-
lowing: 
‘‘(A) receive— 
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‘‘(i) a suspension of all driving privi-
leges for not less than 1 year; or 
‘‘(ii) a suspension of unlimited driving 
privileges for 1 year, allowing for the rein-
statement of limited driving privileges sub-
ject to restrictions and limited exemptions 
as established by State law, if an ignition 
interlock device is installed for not less 
than 1 year on each of the motor vehicles 
owned or operated, or both, by the indi-
vidual;’’. 
(b) TRANSFER OF FUNDS.—Section 164(b) of title 
23, United States Code, is amended— 
(1) by striking paragraph (2) and inserting the 
following: 
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 
‘‘(A) RESERVATION OF FUNDS.—On Octo-
ber 1, 2011, and each October 1 thereafter, if 
a State has not enacted or is not enforcing a 
repeat intoxicated driver law, the Secretary 
shall reserve an amount equal to 2.5 percent of 
the funds to be apportioned to the State on 
that date under each of paragraphs (1) and (2) 
of section 104(b) until the State certifies to the 
Secretary the means by which the States will 
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use those reserved funds among the uses au-
thorized under subparagraphs (A) and (B) of 
paragraph (1), and paragraph (3). 
‘‘(B) TRANSFER OF FUNDS.—As soon as 
practicable after the date of receipt of a certifi-
cation from a State under subparagraph (A), 
the Secretary shall— 
‘‘(i) transfer the reserved funds identi-
fied by the State for use as described in 
subparagraphs (A) and (B) of paragraph 
(1) to the apportionment of the State 
under section 402; and 
‘‘(ii) release the reserved funds identi-
fied by the State as described in paragraph 
(3).’’; 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT 
PROGRAM.— 
‘‘(A) IN GENERAL.—A State may elect to 
use all or a portion of the funds transferred 
under paragraph (2) for activities eligible under 
section 148. 
‘‘(B) STATE DEPARTMENTS OF TRANSPOR-
TATION.—If the State makes an election under 
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439 
subparagraph (A), the funds shall be trans-
ferred to the department of transportation of 
the State, which shall be responsible for the ad-
ministration of the funds.’’; and 
(3) by striking paragraph (5) and inserting the 
following: 
‘‘(5) DERIVATION OF AMOUNT TO BE TRANS-
FERRED.—The amount to be transferred under 
paragraph (2) may be derived from the following: 
‘‘(A) The apportionment of the State 
under section 104(b)(1). 
‘‘(B) The apportionment of the State 
under section 104(b)(2).’’. 
SEC. 1404. ADJUSTMENTS TO PENALTY PROVISIONS. 
(a) 
VEHICLE
WEIGHT
LIMITATIONS.—Section 
127(a)(1) of title 23, United States Code, is amended by 
striking ‘‘No funds shall be apportioned in any fiscal year 
under section 104(b)(1) of this title to any State which’’ 
and inserting ‘‘The Secretary shall withhold 50 percent 
of the apportionment of a State under section 104(b)(1) 
in any fiscal year in which the State’’. 
(b) CONTROL OF JUNKYARDS.—Section 136 of title 
23, United States Code, is amended— 
(1) in subsection (b), in the first sentence— 
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(A) by striking ‘‘10 per centum’’ and in-
serting ‘‘7 percent’’; and 
(B) by striking ‘‘section 104 of this title’’ 
and inserting ‘‘paragraphs (1) through (5) of 
section 104(b)’’; and 
(2) by adding at the end the following: 
‘‘(n) For purposes of this section, the terms ‘primary 
system’ and ‘Federal-aid primary system’ mean any high-
way that is on the National Highway System, which in-
cludes the Interstate Highway System.’’. 
(c) ENFORCEMENT OF VEHICLE SIZE AND WEIGHT 
LAWS.—Section 141(b)(2) of title 23, United States Code, 
is amended— 
(1) by striking ‘‘10 per centum’’ and inserting 
‘‘7 percent’’; and 
(2) by striking ‘‘section 104 of this title’’ and 
inserting ‘‘paragraphs (1) through (5) of section 
104(b)’’. 
(d) PROOF OF PAYMENT OF THE HEAVY VEHICLE 
USE TAX.—Section 141(c) of title 23, United States 
Code, is amended— 
(1) by striking ‘‘section 104(b)(4)’’ each place 
it appears and inserting ‘‘section 104(b)(1)’’; and 
(2) in the first sentence by striking ‘‘25 per 
centum’’ and inserting ‘‘ 8 percent’’. 
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(e) USE OF SAFETY BELTS.—Section 153(h) of title 
23, United States Code, is amended— 
(1) by striking paragraph (1); 
(2) by redesignating paragraph (2) as para-
graph (1); 
(3) in paragraph (1) (as so redesignated)— 
(A) by striking the paragraph heading and 
inserting ‘‘PRIOR TO FISCAL YEAR 2012’’; and 
(B) by inserting ‘‘and before October 1, 
2011,’’ after ‘‘September 30, 1994,’’; and 
(4) by inserting after paragraph (1) (as so re-
designated) the following: 
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—If, 
at any time in a fiscal year beginning after Sep-
tember 30, 2011, a State does not have in effect a 
law described in subsection (a)(2), the Secretary 
shall transfer an amount equal to 2 percent of the 
funds apportioned to the State for the succeeding 
fiscal year under each of paragraphs (1) through (3) 
of section 104(b) to the apportionment of the State 
under section 402.’’. 
(f) NATIONAL MINIMUM DRINKING AGE.—Section 
158(a)(1) of title 23, United States Code, is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
the following: 
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‘‘(A) FISCAL
YEARS
BEFORE
2012.—The 
Secretary’’; and 
(2) by adding at the end the following: 
‘‘(B) FISCAL
YEAR
2012
AND
THERE-
AFTER.—For fiscal year 2012 and each fiscal 
year thereafter, the amount to be withheld 
under this section shall be an amount equal to 
8 percent of the amount apportioned to the 
noncompliant State, as described in subpara-
graph (A), under paragraphs (1) and (2) of sec-
tion 104(b).’’. 
(g) DRUG OFFENDERS.—Section 159 of title 23, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1); 
(B) by redesignating paragraph (2) as 
paragraph (1); 
(C) in paragraph (1) (as so redesignated) 
by striking ‘‘(including any amounts withheld 
under paragraph (1))’’; and 
(D) by inserting after paragraph (1) (as so 
redesignated) the following: 
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 
The Secretary shall withhold an amount equal to 8 
percent of the amount required to be apportioned to 
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any State under each of paragraphs (1) and (2) of 
section 104(b) on the first day of each fiscal year 
beginning after September 30, 2011, if the State 
fails to meet the requirements of paragraph (3) on 
the first day of the fiscal year.’’; and 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) EFFECT OF NONCOMPLIANCE.—No funds with-
held under this section from apportionments to any State 
shall be available for apportionment to that State.’’. 
(h) ZERO
TOLERANCE
BLOOD
ALCOHOL
CON-
CENTRATION FOR MINORS.—Section 161(a) of title 23, 
United States Code, is amended— 
(1) by striking paragraph (1); 
(2) by redesignating paragraph (2) as para-
graph (1); 
(3) in paragraph (1) (as so redesignated)— 
(A) by striking the paragraph heading and 
inserting ‘‘PRIOR TO FISCAL YEAR 2012’’; and 
(B) by inserting ‘‘through fiscal year 
2011’’ after ‘‘each fiscal year thereafter’’; and 
(4) by inserting after paragraph (1) (as so re-
designated) the following: 
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 
The Secretary shall withhold an amount equal to 8 
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percent of the amount required to be apportioned to 
any State under each of paragraphs (1) and (2) of 
section 104(b) on October 1, 2011, and on October 
1 of each fiscal year thereafter, if the State does not 
meet the requirement of paragraph (3) on that 
date.’’. 
(i) OPERATION OF MOTOR VEHICLES BY INTOXI-
CATED PERSONS.—Section 163(e) of title 23, United 
States Code, is amended by striking paragraphs (1) and 
(2) and inserting the following: 
‘‘(1) FISCAL YEARS 2007 THROUGH 2011.—On 
October 1, 2006, and October 1 of each fiscal year 
thereafter through fiscal year 2011, if a State has 
not enacted or is not enforcing a law described in 
subsection (a), the Secretary shall withhold an 
amount equal to 8 percent of the amounts to be ap-
portioned to the State on that date under each of 
paragraphs (1), (3), and (4) of section 104(b). 
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—On 
October 1, 2011, and October 1 of each fiscal year 
thereafter, if a State has not enacted or is not en-
forcing a law described in subsection (a), the Sec-
retary shall withhold an amount equal to 6 percent 
of the amounts to be apportioned to the State on 
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that date under each of paragraphs (1) and (2) of 
section 104(b).’’. 
(j) 
COMMERCIAL
DRIVER’S
LICENSE.—Section 
31314 of title 49, United States Code, is amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) PENALTIES IMPOSED IN FISCAL YEAR 2012 
AND THEREAFTER.—Effective beginning on October 1, 
2011— 
‘‘(1) the penalty for the first instance of non-
compliance by a State under this section shall be not 
more than an amount equal to 4 percent of funds 
required to be apportioned to the noncompliant 
State under paragraphs (1) and (2) of section 
104(b) of title 23; and 
‘‘(2) the penalty for subsequent instances of 
noncompliance shall be not more than an amount 
equal to 8 percent of funds required to be appor-
tioned to the noncompliant State under paragraphs 
(1) and (2) of section 104(b) of title 23.’’. 
SEC. 1405. HIGHWAY WORKER SAFETY. 
Not later than 60 days after the date of enactment 
of this Act, the Secretary shall modify section 630.1108(a) 
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of title 23, Code of Federal Regulations (as in effect on 
the date of enactment of this Act), to ensure that— 
(1) at a minimum, positive protective measures 
are used to separate workers on highway construc-
tion projects from motorized traffic in all work zones 
conducted under traffic in areas that offer workers 
no means of escape (such as tunnels and bridges), 
unless an engineering study determines otherwise; 
(2) temporary longitudinal traffic barriers are 
used to protect workers on highway construction 
projects in long-duration stationary work zones when 
the project design speed is anticipated to be high 
and the nature of the work requires workers to be 
within 1 lane-width from the edge of a live travel 
lane, unless— 
(A) an analysis by the project sponsor de-
termines otherwise; or 
(B) the project is outside of an urbanized 
area and the annual average daily traffic load 
of the applicable road is less than 100 vehicles 
per hour; and 
(3) when positive protective devices are nec-
essary for highway construction projects, those de-
vices are paid for on a unit-pay basis, unless doing 
so would create a conflict with innovative con-
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tracting approaches, such as design-build or some 
performance-based contracts under which the con-
tractor is paid to assume a certain risk allocation 
and payment is generally made on a lump-sum basis. 
Subtitle E—Miscellaneous 
SEC. 1501. PROGRAM EFFICIENCIES. 
The first sentence of section 102(b) of title 23, 
United States Code, is amended by striking ‘‘made avail-
able for such engineering’’ and inserting ‘‘reimbursed for 
the preliminary engineering’’. 
SEC. 1502. PROJECT APPROVAL AND OVERSIGHT. 
Section 106 of title 23, United States Code, is 
amended— 
(1) in subsection (a)(2) by inserting ‘‘recipient’’ 
before ‘‘formalizing’’; 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the heading, by striking ‘‘NON- 
INTERSTATE’’; and 
(ii) by striking ‘‘but not on the Inter-
state System’’; and 
(B) by striking paragraph (4) and insert-
ing the following: 
‘‘(4) LIMITATION ON INTERSTATE PROJECTS.— 
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‘‘(A) IN
GENERAL.—The Secretary shall 
not assign any responsibilities to a State for 
projects the Secretary determines to be in a 
high risk category, as defined under subpara-
graph (B). 
‘‘(B) HIGH RISK CATEGORIES.—The Sec-
retary may define the high risk categories 
under this subparagraph on a national basis, a 
State-by-State basis, or a national and State- 
by-State basis, as determined to be appropriate 
by the Secretary.’’; 
(3) in subsection (e)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) in the matter preceding clause 
(i)— 
(aa) by striking ‘‘concept’’ 
and inserting ‘‘planning’’; and 
(bb) by striking ‘‘multidis-
ciplined’’ and inserting ‘‘multi-
disciplinary’’; and 
(II) by striking clause (i) and in-
serting the following: 
‘‘(i) providing the needed functions 
and achieving the established commitments 
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(including environmental, community, and 
agency commitments) safely, reliably, and 
at the lowest overall lifecycle cost;’’; and 
(ii) in subparagraph (B) by striking 
clause (ii) and inserting the following: 
‘‘(ii) refining or redesigning, as appro-
priate, the project using different tech-
nologies, materials, or methods so as to ac-
complish the purpose, functions, and estab-
lished commitments (including environ-
mental, community, and agency commit-
ments) of the project.’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A) by striking ‘‘or other cost-reduc-
tion analysis’’; 
(ii) in subparagraph (A) by striking 
‘‘Federal-aid system’’ and inserting ‘‘Na-
tional Highway System receiving Federal 
assistance’’; and 
(iii) in subparagraph (B) by inserting 
‘‘on the National Highway System receiv-
ing Federal assistance’’ after ‘‘a bridge 
project’’; and 
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(C) by striking paragraph (4) and insert-
ing the following: 
‘‘(4) REQUIREMENTS.— 
‘‘(A) VALUE
ENGINEERING
PROGRAM.— 
The State shall develop and carry out a value 
engineering program that— 
‘‘(i) establishes and documents value 
engineering program policies and proce-
dures; 
‘‘(ii) ensures that the required value 
engineering analysis is conducted before 
completing the final design of a project; 
‘‘(iii) ensures that the value engineer-
ing analysis that is conducted, and the rec-
ommendations developed and implemented 
for each project, are documented in a final 
value engineering report; and 
‘‘(iv) monitors, evaluates, and annu-
ally submits to the Secretary a report that 
describes the results of the value analyses 
that are conducted and the recommenda-
tions implemented for each of the projects 
described in paragraph (2) that are com-
pleted in the State. 
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‘‘(B) BRIDGE PROJECTS.—The value engi-
neering analysis for a bridge project under 
paragraph (2) shall— 
‘‘(i) include bridge superstructure and 
substructure requirements based on con-
struction material; and 
‘‘(ii) be evaluated by the State— 
‘‘(I) on engineering and economic 
bases, taking into consideration ac-
ceptable designs for bridges; and 
‘‘(II) 
using 
an 
analysis 
of 
lifecycle costs and duration of project 
construction.’’; 
(4) in subsection (g)(4) by adding at the end 
the following: 
‘‘(C) FUNDING.— 
‘‘(i) IN GENERAL.—Subject to project 
approval by the Secretary, a State may ob-
ligate funds apportioned to the State under 
section 104(b)(2) for carrying out the re-
sponsibilities of the State under subpara-
graph (A). 
‘‘(ii) ELIGIBLE
ACTIVITIES.—Activi-
ties eligible for assistance under this sub-
paragraph include— 
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‘‘(I) State administration of sub-
grants; and 
‘‘(II) State oversight of subrecipi-
ents. 
‘‘(iii) ANNUAL WORK PLAN.—To re-
ceive the funding flexibility made available 
under this subparagraph, the State shall 
submit to the Secretary an annual work 
plan identifying activities to be carried out 
under this subparagraph during the appli-
cable year. 
‘‘(iv) FEDERAL SHARE.—The Federal 
share of the cost of activities carried out 
under this subparagraph shall be 100 per-
cent.’’; and 
(5) in subsection (h)— 
(A) in paragraph (1)(B) by inserting ‘‘, in-
cluding a phasing plan when applicable’’ after 
‘‘financial plan’’; and 
(B) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) FINANCIAL PLAN.—A financial plan— 
‘‘(A) shall be based on detailed estimates 
of the cost to complete the project; 
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‘‘(B) shall provide for the annual submis-
sion of updates to the Secretary that are based 
on reasonable assumptions, as determined by 
the Secretary, of future increases in the cost to 
complete the project; and 
‘‘(C) may include a phasing plan that iden-
tifies fundable incremental improvements or 
phases that will address the purpose and the 
need of the project in the short term in the 
event there are insufficient financial resources 
to complete the entire project. If a phasing plan 
is adopted for a project pursuant to this sec-
tion, the project shall be deemed to satisfy the 
fiscal constraint requirements in the statewide 
and metropolitan planning requirements in sec-
tions 134 and 135.’’. 
SEC. 1503. STANDARDS. 
(a) PRACTICAL DESIGN.—Section 109 of title 23, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2) by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
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‘‘(3) utilize, when appropriate, practical design 
solutions, as defined in this section, to ensure that 
transportation needs are met and that funds avail-
able for transportation projects are used effi-
ciently.’’; 
(2) in subsection (c)— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A)— 
(i) by striking ‘‘, reconstruction, re-
surfacing (except for maintenance resur-
facing), restoration, or rehabilitation’’ and 
inserting ‘‘or reconstruction’’; and 
(ii) by striking ‘‘may take into ac-
count’’ and inserting ‘‘shall consider’’; 
(B) in paragraph (2)— 
(i) in the first sentence of the matter 
preceding subparagraph (A) by striking 
‘‘may’’ and inserting ‘‘shall’’; 
(ii) in subparagraph (C) by striking 
‘‘and’’ at the end; 
(iii) by redesignating subparagraph 
(D) as subparagraph (F); and 
(iv) by inserting after subparagraph 
(C) the following: 
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‘‘(D) the publication entitled ‘Highway 
Safety Manual’ of the American Association of 
State Highway and Transportation Officials; 
‘‘(E) the publication entitled ‘A Guide for 
Achieving Flexibility in Highway Design, 1st 
Edition’, published by the American Association 
of State Highway and Transportation Officials; 
and’’; 
(3) in subsection (f) by inserting ‘‘pedestrian 
walkways,’’ after ‘‘bikeways,’’; 
(4) in subsection (m) by inserting ‘‘, safe, and 
continuous’’ after ‘‘for a reasonable’’; 
(5) in subsection (q) by striking ‘‘consistent 
with the operative safety management system estab-
lished in accordance with section 303 or in accord-
ance with’’ inserting ‘‘that is in accordance with a 
State’s strategic highway safety plan and included 
on’’; and 
(6) by adding at the end the following: 
‘‘(r) DEFINITION.—In this section, the term ‘prac-
tical design solution’ means a collaborative interdiscipli-
nary approach that results in a transportation project that 
fits its physical setting, preserves safety, and balances 
costs with the necessary scope and project delivery needs 
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456 
of the project, as well as with scenic, aesthetic, historic, 
and environmental resources.’’. 
(b) ADDITIONAL STANDARDS.—Section 109 of title 
23, United States Code (as amended by subsection (a)(6)), 
is amended by adding at the end the following: 
‘‘(s) PAVEMENT MARKINGS.—The Secretary shall not 
approve any pavement markings project that includes the 
use of glass beads containing more than 200 parts per 
million of arsenic or lead, as determined in accordance 
with Environmental Protection Agency testing methods 
3052, 6010B, or 6010C.’’. 
SEC. 1504. CONSTRUCTION. 
Section 114 of title 23, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) LIMITATION ON CONVICT LABOR.—Convict 
labor shall not be used in construction of Federal- 
aid highways or portions of Federal-aid highways 
unless the labor is performed by convicts who are on 
parole, supervised release, or probation.’’; and 
(B) in paragraph (3) by inserting ‘‘in ex-
istence during that period’’ after ‘‘located on a 
Federal-aid system’’; and 
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(2) in subsection (c)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) IN GENERAL.—The Secretary shall ensure 
that a worker who is employed on a remote project 
for the construction of a Federal-aid highway or por-
tion of a Federal-aid highway in the State of Alaska 
and who is not a domiciled resident of the locality 
shall receive meals and lodging.’’; and 
(B) in paragraph (3)(C) by striking ‘‘high-
way or portion of a highway located on a Fed-
eral-aid system’’ and inserting ‘‘Federal-aid 
highway or portion of a Federal-aid highway’’. 
SEC. 1505. MAINTENANCE. 
Section 116 of title 23, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in the first sentence, by inserting ‘‘or 
other direct recipient’’ before ‘‘to maintain’’; 
and 
(B) by striking the second sentence; 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) AGREEMENT.—In any State in which the State 
transportation department or other direct recipient is 
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without legal authority to maintain a project described in 
subsection (a), the transportation department or direct re-
cipient shall enter into a formal agreement with the appro-
priate officials of the county or municipality in which the 
project is located providing for the maintenance of the 
project.’’; and 
(3) in the first sentence of subsection (c) by in-
serting ‘‘or other direct recipient’’ after ‘‘State 
transportation department’’. 
SEC. 1506. FEDERAL SHARE PAYABLE. 
Section 120 of title 23, United States Code, is 
amended— 
(1) in the first sentence of subsection (c)(1)— 
(A) by inserting ‘‘maintaining minimum 
levels of retroreflectivity of highway signs or 
pavement markings,’’ after ‘‘traffic control sig-
nalization,’’; 
(B) by inserting ‘‘shoulder and centerline 
rumble strips and stripes,’’ after ‘‘pavement 
marking,’’; and 
(C) by striking ‘‘Federal-aid systems’’ and 
inserting ‘‘Federal-aid programs’’; 
(2) by striking subsection (e) and inserting the 
following: 
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‘‘(e) EMERGENCY RELIEF.—The Federal share pay-
able for any repair or reconstruction provided for by funds 
made available under section 125 for any project on a 
Federal-aid highway, including the Interstate System, 
shall not exceed the Federal share payable on a project 
on the system as provided in subsections (a) and (b), ex-
cept that— 
‘‘(1) the Federal share payable for eligible 
emergency repairs to minimize damage, protect fa-
cilities, or restore essential traffic accomplished 
within 180 days after the actual occurrence of the 
natural disaster or catastrophic failure may amount 
to 100 percent of the cost of the repairs; 
‘‘(2) the Federal share payable for any repair 
or reconstruction of Federal land transportation fa-
cilities, Federal land access transportation facilities, 
and tribal transportation facilities may amount to 
100 percent of the cost of the repair or reconstruc-
tion; 
‘‘(3) the Secretary shall extend the time period 
in paragraph (1) taking into consideration any delay 
in the ability of the State to access damaged facili-
ties to evaluate damage and the cost of repair; and 
‘‘(4) the Federal share payable for eligible per-
manent repairs to restore damaged facilities to 
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predisaster condition may amount to 100 percent of 
the cost of the repairs if the eligible expenses in-
curred by the State due to natural disasters or cata-
strophic failures in a Federal fiscal year exceeds the 
annual apportionment of the State under section 
104 for the fiscal year in which the disasters or fail-
ures occurred.’’; 
(3) by striking subsection (g) and redesignating 
subsections (h) through (l) as subsections (g) 
through (k), respectively; 
(4) in subsection (i)(1)(A) (as redesignated by 
paragraph (3)) by striking ‘‘and the Appalachian de-
velopment highway system program under section 
14501 of title 40’’; and 
(5) by striking subsections (j) and (k) (as re-
designated by paragraph (3)) and inserting the fol-
lowing: 
‘‘(j) USE OF FEDERAL AGENCY FUNDS.—Notwith-
standing any other provision of law, any Federal funds 
other than those made available under this title and title 
49, United States Code, may be used to pay the non-Fed-
eral share of the cost of any transportation project that 
is within, adjacent to, or provides access to Federal land, 
the Federal share of which is funded under this title or 
chapter 53 of title 49. 
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‘‘(k) USE OF FEDERAL LAND AND TRIBAL TRANS-
PORTATION FUNDS.—Notwithstanding any other provi-
sion of law, the funds authorized to be appropriated to 
carry out the tribal transportation program under section 
202 and the Federal lands transportation program under 
section 203 may be used to pay the non-Federal share of 
the cost of any project that is funded under this title or 
chapter 53 of title 49 and that provides access to or within 
Federal or tribal land.’’. 
SEC. 1507. TRANSFERABILITY OF FEDERAL-AID HIGHWAY 
FUNDS. 
(a) IN GENERAL.—Section 126 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 126. Transferability of Federal-aid highway funds 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, subject to subsection (b), a State may trans-
fer from an apportionment under section 104(b) not to 
exceed 20 percent of the amount apportioned for the fiscal 
year to any other apportionment of the State under that 
section. 
‘‘(b) APPLICATION TO CERTAIN SET-ASIDES.—Funds 
that are subject to sections 104(d) and 133(d) shall not 
be transferred under this section. The maximum amount 
that a State may transfer under this section of the State’s 
set-aside under section 149(l) for a fiscal year may not 
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exceed 25 percent of (1) the amount of such set-aside, less 
(2) the amount of the State’s set-aside under section 
133(d)(2), as in effect on the day before the date of enact-
ment of the MAP–21, for fiscal year 1997.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code, is amended by 
striking the item relating to section 126 and inserting the 
following: 
‘‘126. Transferability of Federal-aid highway funds.’’. 
SEC. 1508. SPECIAL PERMITS DURING PERIODS OF NA-
TIONAL EMERGENCY. 
Section 127 of title 23, United States Code, is 
amended by inserting at the end the following: 
‘‘(i) SPECIAL PERMITS DURING PERIODS OF NA-
TIONAL EMERGENCY.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this section, a State may issue special 
permits during an emergency to overweight vehicles 
and loads that can easily be dismantled or divided 
if— 
‘‘(A) the President has declared the emer-
gency to be a major disaster under the Robert 
T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5121 et seq.); 
‘‘(B) the permits are issued in accordance 
with State law; and 
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‘‘(C) the permits are issued exclusively to 
vehicles and loads that are delivering relief sup-
plies. 
‘‘(2) EXPIRATION.—A permit issued under 
paragraph (1) shall expire not later than 120 days 
after the date of the declaration of emergency under 
subparagraph (A) of that paragraph.’’. 
SEC. 1509. ELECTRIC VEHICLE CHARGING STATIONS. 
(a) FRINGE AND CORRIDOR PARKING FACILITIES.— 
Section 137 of title 23, United States Code, is amended— 
(1) in subsection (a) by inserting after the sec-
ond sentence the following: ‘‘The addition of electric 
vehicle charging stations to new or previously funded 
parking facilities shall be eligible for funding under 
this section.’’; and 
(2) in subsection (f)(1)— 
(A) by striking ‘‘104(b)(4)’’ and inserting 
‘‘104(b)(1)’’; and 
(B) by inserting ‘‘including the addition of 
electric vehicle charging stations,’’ after ‘‘new 
facilities,’’. 
(b) PUBLIC TRANSPORTATION.—Section 142(a)(1) of 
title 23, United States Code, is amended by inserting 
‘‘(which may include electric vehicle charging stations)’’ 
after ‘‘corridor parking facilities’’. 
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SEC. 1510. HOV FACILITIES. 
Section 166 of title 23, United States Code, is 
amended— 
(1) in subsection (b)(5)— 
(A) in subparagraph (A) by striking ‘‘Be-
fore September 30, 2009, the’’ and inserting 
‘‘The’’; and 
(B) in subparagraph (B) by striking ‘‘Be-
fore September 30, 2009, the’’ and inserting 
‘‘The’’; and 
(2) in subsection (d)(1)— 
(A) in the matter preceding subparagraph 
(A)— 
(i) by striking ‘‘in a fiscal year shall 
certify’’ and inserting ‘‘shall submit to the 
Secretary a report demonstrating that the 
facility is not already degraded, and that 
the presence of the vehicles will not cause 
the facility to become degraded, and cer-
tify’’; and 
(ii) by striking ‘‘in the fiscal year’’; 
(B) in subparagraph (A) by inserting ‘‘and 
submitting to the Secretary annual reports of 
those impacts’’ after ‘‘adjacent highways’’; 
(C) in subparagraph (C) by striking ‘‘if the 
presence of the vehicles has degraded the oper-
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465 
ation of the facility’’ and inserting ‘‘whenever 
the operation of the facility is degraded’’; and 
(D) by adding at the end the following: 
‘‘(D) MAINTENANCE OF OPERATING PER-
FORMANCE.—A facility that has become de-
graded shall be brought back into compliance 
with the minimum average operating speed per-
formance standard by not later than 180 days 
after the date on which the degradation is iden-
tified through changes to operation, including 
the following: 
‘‘(i) Increase the occupancy require-
ment for HOVs. 
‘‘(ii) Increase the toll charged for ve-
hicles allowed under subsection (b) to re-
duce demand. 
‘‘(iii) Charge tolls to any class of vehi-
cle allowed under subsection (b) that is not 
already subject to a toll. 
‘‘(iv) Limit or discontinue allowing ve-
hicles under subsection (b). 
‘‘(v) Increase the available capacity of 
the HOV facility. 
‘‘(E) COMPLIANCE.—If the State fails to 
bring a facility into compliance under subpara-
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graph (D), the Secretary shall subject the State 
to appropriate program sanctions under section 
1.36 of title 23, Code of Federal Regulations 
(or successor regulations), until the perform-
ance is no longer degraded.’’. 
SEC. 1511. CONSTRUCTION EQUIPMENT AND VEHICLES. 
(a) IN GENERAL.—Chapter 3 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘SEC. 330. CONSTRUCTION EQUIPMENT AND VEHICLES. 
‘‘(a) IN GENERAL.—In accordance with the obliga-
tion process established pursuant to section 149(j)(4), a 
State shall expend amounts required to be obligated for 
this section to install diesel emission control technology 
on covered equipment, with an engine that does not meet 
current model year new engine standards for particulate 
matter for the applicable engine power group issued by 
the Environmental Protection Agency, on a covered high-
way construction project within a PM2.5 nonattainment or 
maintenance area. Covered equipment repowered or ret-
rofit with diesel exhaust control technology installed dur-
ing the 6-year period ending on the date on which the 
prime contract was awarded for the covered highway con-
struction project and equipment that meets the Environ-
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mental Protection Agency Tier 4 emission standards may 
be exempt from the requirements of this section. 
‘‘(b) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) COVERED
EQUIPMENT.—The term ‘cov-
ered equipment’ means any nonroad diesel equip-
ment or on-road diesel equipment that is operated 
on a covered highway construction project for not 
less than 80 hours over the life of the project. 
‘‘(2) 
COVERED
HIGHWAY
CONSTRUCTION 
PROJECT.— 
‘‘(A) IN
GENERAL.—The term ‘covered 
highway construction project’ means a highway 
construction project carried out under this title 
or any other Federal law which is funded in 
whole or in part with Federal funds. 
‘‘(B) EXCLUSIONS.—Any project with a 
total budgeted cost not to exceed $5,000,000 
may be excluded from the requirements of this 
section by an applicable State or metropolitan 
planning organization. 
‘‘(3) 
DIESEL
EMISSION
CONTROL
TECH-
NOLOGY.—The term ‘diesel emission control tech-
nology’ means a technology that— 
‘‘(A) is— 
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‘‘(i) a diesel exhaust control tech-
nology; 
‘‘(ii) a diesel engine upgrade; 
‘‘(iii) a diesel engine repower; 
‘‘(iv) an idle reduction control tech-
nology; or 
‘‘(v) any combination of the tech-
nologies listed in clauses (i) through (iv); 
‘‘(B) reduces particulate matter emission 
from covered equipment by— 
‘‘(i) not less than 85 percent control 
of any emission of particulate matter; or 
‘‘(ii) the maximum achievable reduc-
tion of any emission of particulate matter, 
taking cost and safety into account; and 
‘‘(C) is installed on and operated with the 
covered equipment while the equipment is oper-
ated on a covered highway construction project 
and that remains operational on the covered 
equipment for the useful life of the control tech-
nology or equipment. 
‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means an entity (including a subcontractor of 
the entity) that has entered into a prime contract or 
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agreement with a State to carry out a covered high-
way construction project. 
‘‘(5) NONROAD DIESEL EQUIPMENT.— 
‘‘(A) IN
GENERAL.—The term ‘nonroad 
diesel equipment’ means a vehicle, including 
covered equipment, that is— 
‘‘(i) powered by a nonroad diesel en-
gine of not less than 50 horsepower; and 
‘‘(ii) not intended for highway use. 
‘‘(B) INCLUSIONS.—The term ‘nonroad 
diesel equipment’ includes a backhoe, bulldozer, 
compressor, crane, excavator, generator, and 
similar equipment. 
‘‘(C) EXCLUSIONS.—The term ‘nonroad 
diesel equipment’ does not include a locomotive 
or marine vessel. 
‘‘(6) ON-ROAD DIESEL EQUIPMENT.—The term 
‘on-road diesel equipment’ means any self-propelled 
vehicle that— 
‘‘(A) operates on diesel fuel; 
‘‘(B) is designed to transport persons or 
property on a street or highway; and 
‘‘(C) has a gross vehicle weight rating of at 
least 14,000 pounds. 
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‘‘(7) PM2.5 NONATTAINMENT OR MAINTENANCE 
AREA.—The term ‘PM2.5 nonattainment or mainte-
nance area’ means a nonattainment or maintenance 
area designated under section 107(d)(6) of the 
Clean Air Act (42 U.S.C. 7407(d)(6)). 
‘‘(c) CRITERIA ELIGIBLE ACTIVITIES.—For purposes 
of subsection (b)(3)(A): 
‘‘(1) 
DIESEL
EXHAUST
CONTROL
TECH-
NOLOGY.—For a diesel exhaust control technology, 
the technology shall be— 
‘‘(A) installed on a diesel engine or vehicle; 
‘‘(B) a verified technology (as defined in 
section 791 of the Energy Policy Act of 2005 
(42 U.S.C. 16131)), for nonroad vehicles and 
nonroad engines (as defined in section 216 of 
the Clean Air Act (42 U.S.C. 7550)); and 
‘‘(C) certified by the installer as having 
been installed in accordance with the specifica-
tions included on the list published pursuant to 
section 149(f)(2), as in effect on the day before 
the date of enactment of the MAP–21, for 
achieving a reduction in particulate matter. 
‘‘(2) DIESEL ENGINE UPGRADE.—For a diesel 
engine upgrade, the upgrade shall be performed on 
an engine that is— 
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‘‘(A) rebuilt using new or manufactured 
components that collectively qualify as verified 
technologies (as defined in section 791 of the 
Energy Policy Act of 2005 (42 U.S.C. 16131)), 
for nonroad vehicles and nonroad engines (as 
defined in section 216 of the Clean Air Act (42 
U.S.C. 7550)); and 
‘‘(B) certified by the installer to have been 
installed in accordance with the specifications 
included on the list published pursuant to sec-
tion 149(f)(2), as in effect on the day before 
the date of enactment of the MAP–21, for 
achieving a reduction in particulate matter. 
‘‘(3) DIESEL ENGINE REPOWER.—For a diesel 
engine repower, the repower shall be conducted 
using a new or remanufactured diesel engine that 
is— 
‘‘(A) installed as a replacement for an en-
gine used in the existing equipment, subject to 
the condition that the replaced engine is re-
turned to the supplier for remanufacturing to a 
more stringent set of engine emissions stand-
ards or for use as scrap; and 
‘‘(B) meeting a more stringent engine par-
ticulate matter emission standard for the appli-
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cable engine power group established by the 
Environmental Protection Agency than the en-
gine particulate matter emission standard appli-
cable to the replaced engine. 
‘‘(4) 
IDLE
REDUCTION
CONTROL
TECH-
NOLOGY.—For an idle reduction control technology, 
the technology shall be— 
‘‘(A) installed on a diesel engine or vehicle; 
‘‘(B) a verified technology (as defined in 
section 791 of the Energy Policy Act of 2005 
(42 U.S.C. 16131)), for nonroad vehicles and 
nonroad engines (as defined in section 216 of 
the Clean Air Act (42 U.S.C. 7550)); and 
‘‘(C) certified by the installer as having 
been installed in accordance with the specifica-
tions included on the list published pursuant to 
section 149(f)(2), as in effect on the day before 
the date of enactment of the MAP–21, for 
achieving a reduction in particulate matter. 
‘‘(d) ELIGIBILITY FOR CREDITS.— 
‘‘(1) IN GENERAL.—A State may take credit in 
a State implementation plan for national ambient air 
quality standards for any emission reductions that 
result from the implementation of this section. 
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473 
‘‘(2) CREDITING.—An emission reduction de-
scribed in paragraph (1) may be credited toward 
demonstrating conformity of State implementation 
plans and transportation plans.’’. 
(b) SAVINGS CLAUSE.—Nothing in this section modi-
fies or otherwise affects any authority or restrictions es-
tablished under the Clean Air Act (42 U.S.C. 7401 et 
seq.). 
(c) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary of 
Transportation shall submit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment 
and Public Works of the Senate a report that de-
scribes the manners in which section 330 of title 23, 
United States Code (as added by subsection (a)) has 
been implemented, including the quantity of covered 
equipment serviced under those sections and the 
costs associated with servicing the covered equip-
ment. 
(2) INFORMATION
FROM
STATES.—The Sec-
retary shall require States and recipients, as a con-
dition of receiving amounts under this Act or under 
the provisions of any amendments made by this Act, 
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to submit to the Secretary any information that the 
Secretary determines necessary to complete the re-
port under paragraph (1). 
(d) TECHNICAL
AMENDMENT.—The analysis for 
chapter 3 of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘330. Construction equipment and vehicles.’’. 
SEC. 1512. USE OF DEBRIS FROM DEMOLISHED BRIDGES 
AND OVERPASSES. 
Section 1805(a) of the SAFETEA–LU (23 U.S.C. 
144 note; 119 Stat. 1459) is amended by striking ‘‘high-
way bridge replacement and rehabilitation program under 
section 144’’ and inserting ‘‘national highway performance 
program under section 119’’. 
SEC. 1513. EXTENSION OF PUBLIC TRANSIT VEHICLE EX-
EMPTION 
FROM 
AXLE 
WEIGHT 
RESTRIC-
TIONS. 
Section 1023(h) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (23 U.S.C. 127 note; Public 
Law 102–388) is amended— 
(1) in the heading of paragraph (1) by striking 
‘‘TEMPORARY EXEMPTION’’ and inserting ‘‘EXEMP-
TION’’; 
(2) in paragraph (1) by striking ‘‘, for the pe-
riod beginning on October 6, 1992, and ending on 
October 1, 2009,’’; and 
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(3) in paragraph (2)(A) by striking ‘‘For the 
period beginning on the date of enactment of this 
subparagraph and ending on September 30, 2009, 
a’’ and inserting ‘‘A’’. 
SEC. 
1514. 
UNIFORM 
RELOCATION 
ASSISTANCE 
ACT 
AMENDMENTS. 
(a) MOVING AND RELATED EXPENSES.—Section 202 
of the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970 (42 U.S.C. 4622) is 
amended— 
(1) in subsection (a)(4) by striking ‘‘$10,000’’ 
and inserting ‘‘$25,000, as adjusted by regulation, 
in accordance with section 213(d)’’; and 
(2) in the second sentence of subsection (c) by 
striking ‘‘$20,000’’ and inserting ‘‘$40,000, as ad-
justed by regulation, in accordance with section 
213(d)’’. 
(b) REPLACEMENT HOUSING FOR HOMEOWNERS.— 
The first sentence of section 203(a)(1) of the Uniform Re-
location Assistance and Real Property Acquisition Policies 
Act of 1970 (42 U.S.C. 4623(a)(1)) is amended— 
(1) by striking ‘‘$22,500’’ and inserting 
‘‘$31,000, as adjusted by regulation, in accordance 
with 213(d),’’; and 
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476 
(2) by striking ‘‘one hundred and eighty days 
prior to’’ and inserting ‘‘90 days before’’. 
(c) REPLACEMENT HOUSING
FOR TENANTS
AND 
CERTAIN OTHERS.—Section 204 of the Uniform Reloca-
tion Assistance and Real Property Acquisition Policies Act 
of 1970 (42 U.S.C. 4624) is amended— 
(1) in the second sentence of subsection (a) by 
striking ‘‘$5,250’’ and inserting ‘‘$7,200, as ad-
justed by regulation, in accordance with section 
213(d)’’; and 
(2) in the second sentence of subsection (b) by 
striking ‘‘, except’’ and all that follows through the 
end of the subsection and inserting a period. 
(d) DUTIES OF LEAD AGENCY.—Section 213 of the 
Uniform Relocation Assistance and Real Property Acquisi-
tion Policies Act of 1970 (42 U.S.C. 4633) is amended— 
(1) in subsection (b)— 
(A) in paragraph (2) by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3) by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(4) that each Federal agency that has pro-
grams or projects requiring the acquisition of real 
property or causing a displacement from real prop-
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477 
erty subject to the provisions of this Act shall pro-
vide to the lead agency an annual summary report 
the describes the activities conducted by the Federal 
agency.’’; and 
(2) by adding at the end the following: 
‘‘(d) ADJUSTMENT OF PAYMENTS.—The head of the 
lead agency may adjust, by regulation, the amounts of re-
location payments provided under sections 202(a)(4), 
202(c), 203(a), and 204(a) if the head of the lead agency 
determines that cost of living, inflation, or other factors 
indicate that the payments should be adjusted to meet the 
policy objectives of this Act.’’. 
(e) AGENCY COORDINATION.—Title II of the Uni-
form Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 is amended by inserting after section 
213 (42 U.S.C. 4633) the following: 
‘‘SEC. 214. AGENCY COORDINATION. 
‘‘(a) AGENCY CAPACITY.—Each Federal agency re-
sponsible for funding or carrying out relocation and acqui-
sition activities shall have adequately trained personnel 
and such other resources as are necessary to manage and 
oversee the relocation and acquisition program of the Fed-
eral agency in accordance with this Act. 
‘‘(b) INTERAGENCY AGREEMENTS.—Not later than 1 
year after the date of enactment of this section, each Fed-
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478 
eral agency responsible for funding relocation and acquisi-
tion activities (other than the agency serving as the lead 
agency) shall enter into a memorandum of understanding 
with the lead agency that— 
‘‘(1) provides for periodic training of the per-
sonnel of the Federal agency, which in the case of 
a Federal agency that provides Federal financial as-
sistance, may include personnel of any displacing 
agency that receives Federal financial assistance; 
‘‘(2) addresses ways in which the lead agency 
may provide assistance and coordination to the Fed-
eral agency relating to compliance with the Act on 
a program or project basis; and 
‘‘(3) addresses the funding of the training, as-
sistance, and coordination activities provided by the 
lead agency, in accordance with subsection (c). 
‘‘(c) INTERAGENCY PAYMENTS.— 
‘‘(1) IN GENERAL.—For the fiscal year that be-
gins 1 year after the date of enactment of this sec-
tion, and each fiscal year thereafter, each Federal 
agency responsible for funding relocation and acqui-
sition activities (other than the agency serving as the 
lead agency) shall transfer to the lead agency for the 
fiscal year, such funds as are necessary, but not less 
than $35,000, to support the training, assistance, 
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479 
and coordination activities of the lead agency de-
scribed in subsection (b). 
‘‘(2) INCLUDED COSTS.—The cost to a Federal 
agency of providing the funds described in para-
graph (1) shall be included as part of the cost of 1 
or more programs or projects undertaken by the 
Federal agency or with Federal financial assistance 
that result in the displacement of persons or the ac-
quisition of real property.’’. 
(f) COOPERATION WITH FEDERAL AGENCIES.—Sec-
tion 308 of title 23, United States Code, is amended by 
striking subsection (a) and inserting the following: 
‘‘(a) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN
GENERAL.—The Secretary may per-
form, by contract or otherwise, authorized engineer-
ing or other services in connection with the survey, 
construction, maintenance, or improvement of high-
ways for other Federal agencies, cooperating foreign 
countries, and State cooperating agencies. 
‘‘(2) INCLUSIONS.—Services authorized under 
paragraph (1) may include activities authorized 
under section 214 of the Uniform Relocation Assist-
ance and Real Property Acquisition Policies Act of 
1970. 
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‘‘(3) REIMBURSEMENT.—Reimbursement for 
services carried out under this subsection (including 
depreciation on engineering and road-building equip-
ment) shall be credited to the applicable appropria-
tion.’’. 
(g) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall take effect on the date of enactment of this 
Act. 
(2) EXCEPTION.—The amendments made by 
subsections (a) through (c) shall take effect 2 years 
after the date of enactment of this Act. 
SEC. 1515. USE OF YOUTH SERVICE AND CONSERVATION 
CORPS. 
(a) IN GENERAL.—The Secretary shall encourage the 
States and regional transportation planning agencies to 
enter into contracts and cooperative agreements with 
qualified youth service or conservation corps, as defined 
in sections 122(a)(2) of Public Law 101–610 (42 U.S.C. 
12572(a)(2)) and 106(c)(3) of Public Law 103–82 (42 
U.S.C. 12656(c)(3)) to perform— 
(1) appropriate projects eligible under sections 
162, 206, and 217 of title 23, United States Code; 
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(2) appropriate transportation enhancement ac-
tivities, as defined under section 101(a) of such title; 
(3) appropriate byway, trail, or bicycle and pe-
destrian projects under sections 202, 203, and 204 
of such title; and 
(4) appropriate safe routes to school projects 
under section 1404 of the SAFETEA–LU (119 
Stat. 1228). 
(b) REQUIREMENTS.—Under any contract or cooper-
ative agreement entered into with a qualified youth service 
or conservation corps under this section, the Secretary 
shall— 
(1) set the amount of a living allowance or rate 
of pay for each participant in such corps at— 
(A) such amount or rate as required under 
State law in a State with such requirements; or 
(B) for corps in States not described in 
subparagraph (A), at such amount or rate as 
determined by the Secretary, not to exceed the 
maximum living allowance authorized by section 
140 of Public Law 101–610 (42 U.S.C. 12594); 
and 
(2) not subject such corps to the requirements 
of section 112 of title 23, United States Code. 
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482 
SEC. 1516. CONSOLIDATION OF PROGRAMS; REPEAL OF OB-
SOLETE PROVISIONS. 
(a) CONSOLIDATION OF PROGRAMS.—From adminis-
trative funds made available under section 104(a) of title 
23, United States Code, not less than $15,000,000 for 
each of fiscal years 2012 and 2013 shall be made available 
for the following activities: 
(1) To carry out the operation lifesaver pro-
gram— 
(A) to provide public information and edu-
cation programs to help prevent and reduce 
motor vehicle accidents, injuries, and fatalities; 
and 
(B) to improve driver performance at rail-
way-highway crossings. 
(2) To operate the national work zone safety in-
formation 
clearinghouse 
authorized 
by 
section 
358(b)(2) of the National Highway System Designa-
tion Act of 1995 (23 U.S.C. 401 note; 109 Stat. 
625) 
(3) To operate a public road safety clearing-
house in accordance with section 1411(a) of the 
SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 
1234). 
(4) To operate a bicycle and pedestrian safety 
clearinghouse in accordance with section 1411(b) of 
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483 
the SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 
1234). 
(5) To operate a national safe routes to school 
clearinghouse in accordance with section 1404(g) of 
the SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 
1229). 
(6) To provide work zone safety grants in ac-
cordance with subsections (a) and (b) of section 
1409 of the SAFETEA–LU (23 U.S.C. 401 note; 
119 Stat. 1232). 
(7) To provide grants to prohibit racial 
profiling in accordance with section 1906 of the 
SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 
1468). 
(b) REPEALS.—Sections 105, 110, 117, 124, 151, 
155, 160, and 303 of title 23, United States Code, are 
repealed. 
(c) CONFORMING AMENDMENTS.— 
(1) TITLE ANALYSIS.—The analysis for title 23, 
United States Code, is amended by striking the 
items relating to sections 105, 110, 117, 124, 151, 
155, 160, and 303 of that title. 
(2) SECTION 118.—Section 118 of such title is 
amended— 
(A) in subsection (b)— 
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484 
(i) by striking paragraph (1) and all 
that follows through the heading of para-
graph (2); and 
(ii) by striking ‘‘(other than for Inter-
state construction)’’; 
(B) by striking subsection (c); and 
(C) by redesignating subsections (d) and 
(e) as subsections (c) and (d), respectively. 
(3) SECTION 130.—Section 130 of such title is 
amended— 
(A) by striking subsections (e) through (h); 
(B) by redesignating subsection (i) as sub-
section (e); 
(C) by striking subsections (j) and (k); 
(D) by redesignating subsection (l) as sub-
section (f); 
(E) in subsection (e) (as so redesignated) 
by striking ‘‘this section’’the second place it ap-
pears and inserting ‘‘section 104(b)(3)’’; and 
(F) in subsection (f) (as so redesignated) 
by striking paragraphs (3) and (4). 
(4) SECTION
142.—Section 142 of title 23, 
United States Code, is amended— 
(A) in subsection (a)— 
(i) in paragraph (1)— 
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(I) by striking ‘‘motor vehicles 
(other 
than 
rail)’’ 
and 
inserting 
‘‘buses’’; 
(II) by striking ‘‘(hereafter in 
this section referred to as ‘buses’)’’; 
(III) by striking ‘‘Federal-aid 
systems’’ and inserting ‘‘Federal-aid 
highways’’; and 
(IV) by striking ‘‘Federal-aid sys-
tem’’ and inserting ‘‘Federal-aid high-
way’’; and 
(ii) in paragraph (2)— 
(I) by striking ‘‘as a project on 
the the surface transportation pro-
gram for’’; and 
(II) 
by 
striking 
‘‘section 
104(b)(3)’’ and inserting ‘‘section 
104(b)(2); 
(B) 
in 
subsection 
(b) 
by 
striking 
‘‘104(b)(4)’’ and inserting ‘‘104(b)(1)’’; 
(C) in subsection (c)— 
(i) by striking ‘‘system’’ in each place 
it appears and inserting ‘‘highway’’; and 
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