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reliable, and available within the proposed 
project timetable. 
(B) CONSIDERATIONS.—In assessing the 
stability, reliability, and availability of proposed 
sources of non-Federal financing under sub-
paragraph (A), the Secretary shall consider—
(i) existing financial commitments; 
(ii) the degree to which financing 
sources are dedicated to the purposes pro-
posed; 
(iii) any debt obligation that exists or 
is proposed by the recipient for the pro-
posed project; and 
(iv) the extent to which the project 
has a non-Federal financial commitment 
that exceeds the required non-Federal 
share of the cost of the project. 
(6) REGULATIONS.—Not later than 120 days 
after the date of enactment of this Act, the Sec-
retary shall issue regulations on the manner in 
which the Secretary will evaluate and rate the 
projects based on the results of preliminary engi-
neering, project justification, and the degree of non-
Federal financial commitment, as required under 
this subsection.
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(7) PROJECT
EVALUATION
AND
RATING.—A 
proposed project may advance from preliminary en-
gineering to final design and construction only if the 
Secretary finds that the project meets the require-
ments of this subsection and there is a reasonable 
likelihood that the project will continue to meet such 
requirements. In making such findings, the Sec-
retary shall evaluate and rate the project as ‘highly 
recommended’, 
‘recommended’, 
or 
‘not 
rec-
ommended’ based on the results of preliminary engi-
neering, the project justification criteria, and the de-
gree of non-Federal financial commitment, as re-
quired under this subsection. In rating the projects, 
the Secretary shall provide, in addition to the overall 
project rating, individual ratings for each of the cri-
teria established under the regulations issued under 
paragraph (6). 
(g) LETTERS
OF INTENT
AND FULL FUNDING 
GRANT AGREEMENTS.—
(1) LETTER OF INTENT.—
(A) IN
GENERAL.—The Secretary may 
issue a letter of intent to an applicant announc-
ing an intention to obligate, for a project under 
this section, an amount from future available 
budget authority specified in law that is not
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more than the amount stipulated as the finan-
cial participation of the Secretary in the 
project. 
(B) NOTIFICATION.—At least 60 days be-
fore issuing a letter under subparagraph (A) or 
entering into a full funding grant agreement, 
the Secretary shall notify in writing the Com-
mittee on Transportation and Infrastructure of 
the House of Representatives and the Com-
mittee on Environment and Public Works of the 
Senate of the proposed letter or agreement. The 
Secretary shall include with the notification a 
copy of the proposed letter or agreement as well 
as the evaluations and ratings for the project. 
(C) NOT AN OBLIGATION.—The issuance 
of a letter is deemed not to be an obligation 
under sections 1108(c) and (d), 1501, and 
1502(a) of title 31, United States Code, or an 
administrative commitment. 
(D) OBLIGATION
OR
COMMITMENT.—An 
obligation or administrative commitment may 
be made only when contract authority is allo-
cated to a project. 
(2) FULL FUNDING GRANT AGREEMENT.—
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(A) IN
GENERAL.—A project financed 
under this subsection shall be carried out 
through a full funding grant agreement. The 
Secretary shall enter into a full funding grant 
agreement based on the evaluations and ratings 
required under subsection (f)(7). 
(B) TERMS.—If the Secretary makes a full 
funding grant agreement with an applicant, the 
agreement shall—
(i) establish the terms of participation 
by the United States Government in a 
project under this section; 
(ii) establish the maximum amount of 
Government financial assistance for the 
project; 
(iii) cover the period of time for com-
pleting the project, including a period ex-
tending beyond the period of an authoriza-
tion; and 
(iv) make timely and efficient man-
agement of the project easier according to 
the laws of the United States. 
(C) AGREEMENT.—An agreement under 
this paragraph obligates an amount of available 
budget authority specified in law and may in-
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clude a commitment, contingent on amounts to 
be specified in law in advance for commitments 
under this paragraph, to obligate an additional 
amount from future available budget authority 
specified in law. The agreement shall state that 
the contingent commitment is not an obligation 
of the Government. Interest and other financing 
costs of efficiently carrying out a part of the 
project within a reasonable time are a cost of 
carrying out the project under a full funding 
grant agreement, except that eligible costs may 
not be more than the cost of the most favorable 
financing terms reasonably available for the 
project at the time of borrowing. The applicant 
shall certify, in a way satisfactory to the Sec-
retary, that the applicant has shown reasonable 
diligence in seeking the most favorable financ-
ing terms. 
(3) AMOUNTS.—The total estimated amount of 
future obligations of the Government and contingent 
commitments to incur obligations covered by all out-
standing letters of intent and full funding grant 
agreements may be not more than the greater of the 
amount authorized to carry out this section or an 
amount equivalent to the last 2 fiscal years of fund-
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ing authorized to carry out this section less an 
amount the Secretary reasonably estimates is nec-
essary for grants under this section not covered by 
a letter. The total amount covered by new letters 
and contingent commitments included in full funding 
grant agreements may be not more than a limitation 
specified in law. 
(h) GRANT REQUIREMENTS.—
(1) IN GENERAL.—A grant for a project under 
this section shall be subject to all of the require-
ments of title 23, United States Code, and chapter 
52 of title 49, United States Code. 
(2) OTHER TERMS AND CONDITIONS.—The Sec-
retary shall require that all grants under this section 
be subject to all terms, conditions, and requirements 
that the Secretary decides are necessary or appro-
priate for purposes of this section, including require-
ments for the disposition of net increases in value of 
real property resulting from the project assisted 
under this section. 
(i) GOVERNMENT’S SHARE
OF PROJECT COST.—
Based on engineering studies, studies of economic feasi-
bility, and information on the expected use of equipment 
or facilities, the Secretary shall estimate the cost of a 
project receiving assistance under this section. A grant for
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the project is for 80 percent of the project cost, unless 
the grant recipient requests a lower grant percentage. A 
refund or reduction of the remainder may be made only 
if a refund of a proportional amount of the grant of the 
Government is made at the same time. 
(j) FISCAL CAPACITY CONSIDERATIONS.—If the Sec-
retary gives priority consideration to financing projects 
that include more than the non-Government share re-
quired under subsection (i) the Secretary shall give equal 
consideration to differences in the fiscal capacity of State 
and local governments. 
(k) REPORTS.—
(1) ANNUAL REPORT.—Not later than the first 
Monday in February of each year, 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 that includes a pro-
posal on the allocation of amounts to be made avail-
able to finance grants under this section. 
(2) RECOMMENDATIONS
ON
FUNDING.—The 
annual report under this paragraph shall include 
evaluations and ratings, as required under sub-
section (f). The report shall also include rec-
ommendations of projects for funding based on the
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evaluations and ratings and on existing commit-
ments and anticipated funding levels for the next 3 
fiscal years and for the next 10 fiscal years based 
on information currently available to the Secretary. 
(l) APPLICABILITY OF TITLE 23.—Funds made avail-
able to carry out this section shall be available for obliga-
tion in the same manner as if such funds were apportioned 
under chapter 1 of title 23, United States Code; except 
that such funds shall not be transferable and shall remain 
available until expended and the Federal share of the cost 
of a project under this section shall be as provided in this 
section. 
SEC. 1305. DEDICATED TRUCK LANES. 
(a) IN GENERAL.—The Secretary shall establish and 
implement a pilot program to make allocations to States 
for the construction of projects that separate commercial 
truck traffic from other motor vehicle traffic. A State 
must submit an application to the Secretary in order to 
receive an allocation under this section. 
(b) SELECTION PROCESS.—
(1) PRIORITY.—In the selection process under 
this section, the Secretary shall give priority to 
projects that provide additional capacity.
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(2) SELECTION
FACTORS.—In making alloca-
tions under this section, the Secretary shall consider 
the following factors: 
(A) The extent to which the project will 
improve the safe and efficient movement of 
freight. 
(B) The extent to which the project pro-
vides positive separation of commercial trucks 
from other motor vehicle traffic. 
(C) The extent to which the project con-
nects an intermodal freight facility or an inter-
national port of entry to the Dwight D. Eisen-
hower National System of Interstate and De-
fense Highways by providing limited access 
lanes that allow commercial truck traffic to 
enter the Interstate System at the posted speed 
limit. 
(D) The extent to which the project will re-
move truck traffic from surface streets. 
(E) The extent to which travel time is ex-
pected to be reduced as a result of the proposed 
project. 
(F) The extent of leveraging of Federal 
funds provided to carry out this section, includ-
ing—
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(i) use of innovative financing; 
(ii) combination with funding provided 
under other sections of this Act and title 
23, United States Code; and 
(iii) combination with other sources of 
Federal, State, local, or private funding. 
(c) FEDERAL SHARE.—The Federal share of the cost 
of a project under this section shall be determined in ac-
cordance with section 120(b) of title 23, United States 
Code. 
(d) APPLICABILITY OF TITLE 23.—Except as pro-
vided in subsection (d), funds made available by section 
1101(a)(22) of this Act to carry out this section shall be 
available for obligation in the same manner as if such 
funds were apportioned under chapter 1 of title 23, United 
States Code. 
(e) DEFINITIONS.—In this section the following defi-
nitions apply: 
(1) COMMERCIAL TRUCK.—The term ‘commer-
cial truck’ means a self-propelled or towed vehicle 
used on highways in commerce principally to trans-
port cargo if the vehicle has a gross vehicle weight 
rating or gross vehicle weight of at least 10,001 
pounds, whichever is greater.
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(2) STATE.—The term ‘State’ has the meaning 
such term has under section 101 of title 23, United 
States Code. 
SEC. 1306. TRUCK PARKING FACILITIES. 
(a) ESTABLISHMENT.—In cooperation with appro-
priate State, regional, and local governments, the Sec-
retary shall establish a pilot program to address the short-
age of long-term parking for commercial motor vehicles 
on the National Highway System. 
(b) ALLOCATION OF FUNDS.—
(1) IN GENERAL.—The Secretary shall allocate 
funds made available to carry out this section among 
States, metropolitan planning organizations, and 
local governments. 
(2) APPLICATIONS.—To be eligible for an allo-
cation under this section, a State, metropolitan plan-
ning organization, or local government shall submit 
to the Secretary an application at such time and 
containing such information as the Secretary may 
require. 
(3) ELIGIBLE
PROJECTS.—Funds allocated 
under this subsection shall be used by the recipient 
for projects described in an application approved by 
the Secretary. Such projects shall serve the National 
Highway System and may include the following:
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(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. 
(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